Also present: Beth Hernandez, Clerk-Treasurer; and David Westland, Town Attorney.
Absent: None.
Vice President: Mr. Swets called for nominations for Vice President. Mr. Blazak nominated Paul Panczuk. Having no further nominations forthcoming, Mr. Swets entertained a motion to close nominations. Mr. Blazak made the motion. Motion carried unanimously. Mr. Swets called for a vote on the active nomination. Nomination carried by a unanimous vote electing Mr. Panczuk as Vice President for 2021.
Adrian Bugariu (11747 90th Avenue) spoke against certain elected officials and asked them to leave town.
Having no one else come forward for Public Comment, Mr. Swets closed the floor.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Adrian Bugariu (11747 West 90th Avenue) asked why the nameplates were missing from the dais, why there are cameras all over in stores and on the streets spying on people, and demanded that they be removed. He asked the Town Attorney what would have happened to him if he had beaten the Clerk-Treasurer the way she had the police beat him on June 27, after which he demanded that Beth Hernandez leave the Town.
Beth Hernandez noted that John Boersma emailed her to request an update on the certificates of appreciation for outstanding citizens. Mr. Swets noted that issuing those certificates had not been finalized as yet.
Mr. Panczuk made a motion to appoint Sergio Mendoza as the new Building and Planning Director; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Mendoza introduced his wife Lisa and his son Xavier and stated that he is excited to be representing the Town of St. John.
Discussion ensued regarding the three rezones that are on the agenda.
Mr. Panczuk made a motion to consider Ordinance No. 1722 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to adopt Ordinance No. 1722 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Panczuk gave an overview of the R-3 PUD that has received the favorable recommendation from the Plan Commission.
Mr. Blazak made a motion to consider Ordinance No. 1723 on the first reading; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to adopt Ordinance No. 1723 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to consider Ordinance No. 1724 on the first reading; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to adopt Ordinance No. 1724 on the first reading; Mr. Panczuk seconded the motion. Motion carried unanimously.
Ms. Hernandez explained the Escrow Clearing Fund and advised that the funds are transferred to the General Fund when they are forfeited. She noted when asked that she had not received the letter from Rick Eberly for these properties.
Mr. Pondinas made a motion to defer Resolution No. 2021-01-27; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Pondinas asked if there was a way to reduce the amount of bad debt being written off. Discussion ensued wherein it was determined that what could be collected is only about 3% of the write-off amount and would be cost-prohibitive.
Mr. Blazak made a motion to adopt Resolution No. 2021-01-27A; Mr. Schilling seconded the motion. Motion carried unanimously.
Ms. Hernandez advised that this a reimbursement resolution for the SCADA project that would allow the project costs to be reimbursed by the Waterworks Board should the Town Council decide to issue a Waterworks bond.
Mr. Westland advised that historically it has been a recommendation from the Waterworks Board to the Town Council. He further advised that it could be addressed independently if the Council so chooses.
Mr. Swets entertained a motion.
Mr. Pondinas made a motion to adopt Resolution No. 2021-01-27B; Mr. Blazak seconded the motion. Motion carried unanimously.
Ms. Cathy Lareau addressed the Town Council and summarized the changes in the agreement for 2021, including a payment increase of $500 and a request for a quarterly report from the Fire Department.
Mr. Blazak made a motion to approve the agreement with the St. John Township Trustee for emergency services in unincorporated St. John Township for 2021; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Pondinas expressed concern that it gives a Councilman too much power.
Mr. Panczuk made a motion to defer this matter to the end of the meeting; Mr. Pondinas seconded the motion. Motion carried unanimously.
Ms. Hernandez advised that this list of invoices is for various goods, services, and projects that were approved or rendered in 2020 but will be invoiced in 2021, totaling $717.222.89.
Mr. Panczuk made a motion to authorize the encumbrance of certain funds as presented by the Clerk-Treasurer; Mr. Schilling seconded the motion. Motion carried unanimously.
Ms. Hernandez explained that this is a standard bookkeeping item.
Mr. Schilling made a motion to approve the deletion of certain utility customer accounts as determined by the Clerk-Treasurer; Mr. Blazak seconded the motion. Motion carried unanimously.
Ms. Hernandez explained that the numbers are higher than usual due to Covid.
Mr. Pondinas made a motion to approve the “write-off” unpaid refuse balances in the amount of $171.01 from CY2020; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to approve the 2021 professional services agreement with Adam Decker; Mr. Pondinas seconded the motion. Motion carried unanimously.
Ms. Hernandez noted that GASB requires an actuary report every three years for other post-employment benefits and recommended that the Councilmen approve the agreement with Nyhart for the same.
Mr. Panczuk made a motion to accept the Service Agreement with Nyhart and authorize the Town Council President to sign; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Pondinas made a motion to accept the Service Agreement with Barnes & Thornburg and authorize Town Council President to sign; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Schilling made a motion to approve the 2021 Volunteer Fire Department Roster; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Pondinas requested that this be deferred for more information and state that he feels it would be better under the Parks’ jurisdiction.
Mr. Pondinas made a motion to defer the Farmers Market; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Pondinas made a motion to appoint Nick Furtek to the Waterworks Board and David Beezhold to the EDC; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Schilling stated that he would like to have Bruce Boyer at the February RDC meeting to discuss the future of the project. He gave kudos to Public Works for their snow-removal efforts over the past few days. Mr. Swets concurred.
Mr. Panczuk made a motion to authorize each department head to sign certain documents and invoices for up to $4000 for their respective department on an interim basis in the absence of a town manager; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Swets entertained a motion. Mr. Pondinas made the motion to approve the RTPs and authorize the Clerk-Treasurer to pay the same; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Swets adjourned the meeting at 8:31 p.m.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: David Westland, Town Attorney.
Absent: Beth Hernandez, Clerk-Treasurer.
Mr. Blazak made a motion to hire Tom DeGiulio at the rate of $150 per hour to assist with the new Town Manager search; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to approve the Request to Purchase for the drainage improvements to the south side of 85th Avenue between Fairway Drive and Alexander Street in an amount not to exceed $7000; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Panczuk presented a slide show and briefly summarized the history of the litigious matters. Mr. Panczuk gave an overview of the recent settlement agreement options. The first option resolves all disputes except for the 40 acres at White Oak Avenue and 109th Avenue. The second option is identical to the first and includes resolving the 40-acre parcel zoning dispute. Mr. Panczuk noted that copies of the presentation could be obtained at Town Hall.
Mr. Schilling gave an overview of the proposed second fire station, which will be located on 109th and not in a subdivision where little children could be playing. He noted that the train track issues are solved going that way because there are viaducts there.
Mr. Panczuk stated that in option two, the 40-acre parcel would be donated to the Town for expansion of Heartland Park in exchange for granting an R-2 PUD zoning for 160 acres of land with lots of 70x140 feet on 60 of the acres and lots of 80x140 feet on 100 acres. Mr. Panczuk advised that they have been in discussions, but there is no commitment as yet.
Mr. Swets invited public input.
Nick Crnokrak, 10656 Bell Street, Crown Point, thanked the Council for working hard to improve this area. He spoke against the difference in density between Green Acres and the proposed density and asked that a privacy fence similar to the one in Greystone be installed between the two subdivisions.
Mr. Panczuk explained that the number of units was never stipulated in the 2019 agreement and many of the lots were considerably smaller than are proposed in the settlement. Mr. Panczuk noted that there is more green space now, due to some odd shapes and the NIPSCO easement.
Mr. Dravet advised that a PDF of tonight’s PowerPoint Presentation can be found at stjohnin.com in the Town Council Minutes section and is titled 02-02-2021 Town Council Exhibit.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Mike Kovacevic, 9885 Meadowrose Lane, spoke against mask mandates, cited information from OSHA, and requested that the Council help to aid Indiana in the rescinding the mask mandate.
Daniel Reising, 14902 93rd Avenue, Dyer, reminded the Council that they were elected by a PAC and remonstrated against their behavior for allowing one resident give a hypothetical threat to the Clerk-Treasurer.
Ms. Hernandez read two written comments into the record; the same are marked as Exhibit Nos. 2021-02-24-TC1 and 2021-02-24-TC2.
Having no one further wishing to speak, Mr. Swets closed the floor for Public Comment and stated that the Town is looking for a new Town Manager and noted that Mr. Blazak is not acting as the Town Manager.
Attorney Westland noted that the proofs of publication are in order for this Public Hearing to proceed. The purpose of tonight is to take public comment and wait fourteen days to take up the ordinance.
Mr. Panczuk gave a brief description of the parcel being annexed into town. Mr. Swets opened the floor for public comment. Having no one come forward, he closed the Public Hearing, brought the matter back to the board, and introduced the fiscal plan that is to be adopted at the March 24, 2021, Town Council meeting.
Attorney Westland noted that the proofs of publication are in order for this Public Hearing to proceed. The purpose of tonight is to take public comment and wait fourteen days to take up the ordinance.
Mr. Swets opened the floor for the Public Hearing.
Ms. Hernandez read a comment into the record; the same are marked as Exhibit No. 2021-02-24-TC3.
Leon Ruiz, 11030 Parrish Avenue, asked what they will do with the water that is displaced with the new subdivision.
Bob Renderg, 10000 W 113th Avenue, remonstrated against the annexation due to additional homes and potential water issues.
Tim Gerald, 11817 Parrish Avenue, remonstrated against the annexation due to wells in the surrounding area being impacted by the additional housing in that area and having to obtain deeper wells.
Linda Ruiz, 11030 Parrish Avenue, remonstrated against the annexation due to increased traffic.
Having no one else come forward to speak, Mr. Swets closed the Public Hearing, brought the matter back to the board, and introduced the fiscal plan that is to be adopted at the March 24, 2021, Town Council meeting.
Ms. Hernandez noted that the proofs of publication are in order. This ordinance re-establishes the rates for the Cumulative Capital Development (CCD) Fund. The rates fall over time from the maximum rate of 5 cents per $100 of assessed value, and by re-establishing the rate, the Town will regenerate approximately $69,000 in 2022.
Mr. Swets opened the floor for public comment. Having no one come forward, he closed the Public Hearing, brought the matter back to the board.
Mr. Schilling made a motion to consider Ordinance No. 1728 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Pondinas made a motion to adopt Ordinance No. 1728 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Attorney Westland advised that three bids were received:
1. Gallagher Asphalt, base bid $2,066,418.07
2. Reith-Riley, base bid $1,333,190.81
3. Walsh and Kelly, base bid $1,651,794.98
Mr. Swets advised that they will take the bids under advisement and have a bid award on March 3, 2021, at a special Town Council meeting.
Mr. Schilling made a motion to take the bids under advisement and award the bid at a special Town Council meeting on March 3, 2021; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Panczuk stated that the project will add dual left turn lanes and a dedicated right turn lane onto southbound US 41 from 93rd Avenue, a right turn lane from 93rd Avenue to northbound US 41, and a left turn lane at Keilman. Keilman will have dedicated right and left turn lanes onto 93rd Avenue. Decorative lighting would be installed and the water main replaced before it is repaved.
Mr. Panczuk noted that the geotechnical work that was needed is 90% complete. Walsh & Kelly was awarded the road construction work with a bid alternate to perform paving on Thielen and part of Joliet Street with that road construction. The project is expected to be completed by May 31, 2021, including actuating the traffic signal. Joliet Street then will become a right turn only at US 41 with a concrete barrier in the center median.
Mr. Panczuk noted that there is an industrial company from Illinois that is entertaining moving to St. John’s Industrial District. He further noted that the owner of the Kmart building is getting a lot of interest for that location, but he is waiting for actuation of the traffic signal there and the right tenant.
Ms. Hernandez gave an overview of the fund’s purpose and noted its importance.
Mr. Pondinas reported on the Park Board’s progress on the Community Garden, noting the bids received for the fencing and that the Town will install the water line for the project, and B&D Sewer is going to donate the soil.
Mr. Swets noted that and Eagle Scout project that will make ten raised garden beds. He advised that the Park Board has invested $7000 and entertained a motion for the Town Council to match that amount.
Mr. Blazak made a motion to contribute $7000 to the Family Gardening Program; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Swets entertained a motion to consider Ordinance No. 1727.
Mr. Panczuk made a motion to consider Ordinance No. 1727 on the first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Swets entertained a motion to adopt Ordinance No. 1727.
Mr. Panczuk made a motion to adopt Ordinance No. 1727 on the first reading and authorize the Town Council President to sign; Mr. Blazak seconded the motion. Motion carried unanimously.
Ms. Hernandez noted that her office verified the addresses to be accurate and asked that the same be authorized.
Mr. Pondinas made a motion to adopt Resolution No. 2021-01-27; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to adopt Resolution No. 2021-02-24A; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Panczuk made a motion to adopt Resolution No. 2021-02-24B; Mr. Schilling seconded the motion. Motion carried unanimously.
Ms. Hernandez advised that the stale date checks total $2611.05.
Mr. Blazak made a motion to adopt Resolution No. 2021-02-24C; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Schilling noted that this is a new process for the Town and will hopefully yield more money.
Mr. Schilling made a motion to approve listing the Police Department vehicles on the auction website; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Pondinas made a motion to approve listing the Public Works vehicles on the auction website; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Schilling made a motion to donate to the Dollars for Scholars program for the Lake Central and Hanover Central School Corporations in the amount of $1000; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to approve donation to the Safety Village in the amount of $15,000.00 with reconsideration in July; Mr. Pondinas seconded the motion. Motion carried unanimously.
Ms. Hernandez noted that Tyler McLean, Director of Parks and Recreation, checked surrounding communities’ fees, which vary, and recommended not increasing the fees at this time due to the pandemic.
Discussion ensued as to whether or not the Farmers Market should be under the Parks Department.
Mr. Swets entertained a motion for the starting date to be May 2, 2021, and that the fees remain the same.
Mr. Schilling made a motion to set the fees at the same rate, the start date to be May 2, 2021, and for Tyler McLead to oversee the Farmers Market; Mr. Blazak seconded the motion. Motion carried unanimously.
Attorney Westland advised that the Town Council present the final document at the March 3, 2021, Special Meeting as there are still some details to be finalized.
Mr. Panczuk made a motion to defer any consideration of a settlement agreement with LBL, BLB St. John to March 3, 2021, Town Council Special Meeting; Mr. Pondinas seconded the motion. Motion carried unanimously. Motion carried unanimously.
Mr. Blazak concurred and noted that both Mr. Pondinas and Mr. Schilling have both helped with plowing this year.
Mr. Pondinas reported that the Town has 7 trucks to cover 216 miles of roadway, when it is snowing at an inch an hour, it takes a lot of hard work. He asked that the residents be patient. Public Works received two quotes for uniforms and noted that they would like the contract to be with Aramark.
Attorney Westland advised making a motion on the contract at the special meeting and having the specifics of the contract for said motion.
Ms. Hernandez advised that the Sanitary District and the Board of Waterworks approved the SCADA project for $600,000 each, but they couldn’t get someone to execute the contract and requested a ratified authorization for Bob Davis to execute that contract. Attorney Westland advised that the two boards approved them, and the president of each board should have executed the same, which is an issue that needs to be addressed.
Mr. Panczuk made a motion to ratify authorization of Robert Davis’ execution of the contract for the SCADA System; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Pondinas commented that both boards want assurance that they will get reimbursed for their payments with the bonds. He added that Baker Tilly will be at the next meeting to explain to the Council how the bonds will be repaid.
Mr. Panczuk apologized to Ms. Hernandez for not throwing Adrian Bugariu out of the last Town Council meeting and stated that the Town does vigorously pursue any infraction of the law in Town Hall or on the street. Mr. Panczuk commented that everyone is aware of the seemingly increasing crime in the area, with car chases across the state line, cars being stolen in the tri-town area. St. John, Dyer, and Schererville Police Departments have been doing a great job at handling it. Mr. Panczuk requested that the overtime be increased to $15,000 per year, which will keep the Town safer.
Mr. Panczuk made a motion to initiate the process to earmark an additional $10,000 to the Police Department’s overtime budget for a total overtime budget of $15,000 a year; Mr. Schilling seconded the motion. Discussion ensued, and it was decided that a transfer would be done at the next meeting by way of a resolution.
Mr. Swets noted that this is Mr. Panczuk’s last meeting and expressed gratitude for all the work that Mr. Panczuk has done for the town. Mr. Swets highlighted some of Mr. Panczuk’s work, such as the Subdivision Control Ordinance, Shops 96, and his years of work on the Plan Commission and BZA. All concurred and wished Mr. Panczuk the best in his future endeavors.
Mr. Swets thanked Mr. Reising for his comments. He stated that the everyone is entitled to speak during public comment and added that he thanks everyone even if he doesn’t agree with what is said. Mr. Swets stated that he apologized to Ms. Hernandez and her husband after the meeting for not taking action during the meeting. Mr. Swets publicly apologized to Ms. Hernandez and all others for allowing that to take place.
Ms. Hernandez reported that the residents are asking if and when the Town will host the Town-Wide Garage Sale, which did not take place the year prior due to the pandemic. Based on the survey taken in 2020, the preferred dates are Thursday, June 3 through Sunday, June 6.
Mr. Schilling made a motion to set the Town-wide Garage Sale dates from June 3 through June 6, 2021 and waive the $5 permit fee; Mr. Panczuk seconded the motion. Motion carried unanimously.
Ms. Hernandez reported that due to the cost projections for the Prairie West parking lot expansion submission for part of the CDBG grant (Community Development Block Grant), Tyler McLead checked and those funds can be transferred to Founders Park, which was the other half of the grant award. Attorney Nicole Bennet drafted a letter so that the same could be provided to Lake County for the transfer of those funds from Prairie West Park to Founders Park ADA improvements, which will allow the Town to utilize the entire allocation of $85,912 and requested a motion authorizing the Town Council President to execute that letter.
Mr. Schilling made a motion to transfer the $15,000 from the Prairie West Park project to the Founders Park project and authorize the Town Council President to execute the same; Mr. Panczuk seconded the motion. Motion carried unanimously.
Mr. Swets entertained a motion. Mr. Panczuk made the motion to approve the RTPs and authorize the Clerk-Treasurer to pay the same; Mr. Pondinas seconded the motion. Motion carried unanimously.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: David Westland, Town Attorney.
Absent: Beth Hernandez, Clerk-Treasurer.
Matt Miniel, Haas & Associates, LLC, reviewed the bid recommendation to award the bid to Rieth-Riley for $1,333,190.81, everything is in order, and they have confirmation from Reith-Riley that they will hold to their prices.
Mr. Schilling made a motion to award the bid to Rieth-Riley in the amount of $1,333,190.81 and authorize the Town Council President to sign; Mr. Pondinas seconded the motion. Motion carried unanimously (4-0).
Mr. Schilling added that the project includes the intersection of Keilman Street and 93rd Avenue as well as lighting from 93rd Avenue to 97th Lane on US 41.
Mr. Blazak made a motion to approve and accept the agreement for First Group Engineering to provide engineering services for the roadway improvements and roadway lighting and authorize the Town Council President to sign; Mr. Schilling seconded the motion. Motion carried unanimously (4-0).
Mr. Schilling made a motion to approve and accept the agreement with Aramark Services for uniforms and authorize Robert Davis, Director of Public Works, to sign: Mr. Pondinas seconded the motion. Motion carried unanimously (4-0).
Mr. Swets asked Attorney Westland to advise on the recapture agreement, the timeline on the annexation of the 160 acres, the ownership of Well No. 9, and the sled hill to be built in The Gates of St. John.
Attorney Westland advised that there are two recapture agreements, one for the 36” interceptor line, which was drafted in 2005 with the line accepted by the Town 4 or 5 years later. The cost increased by approximately $1.3 million, and the recapture agreement isn’t effective until the Town accepts the interceptor line, which increases the cap by a commensurate amount and allows 15 years from the date of acceptance. It was not contemplated previously that the developer would recapture the full amount of the 24” interceptor cost of $1.5 million. The agreement allows for a redefining of the area effective until January 15, 2022, which is the 15-year end date. It potentially allows Mr. Lotton to recapture what he has invested into the line.
Attorney Westland noted that there is no specific timeline for the 160-acre annexation in the agreement in paragraph 13. One of the replacement parcels is under contract, and the other he is still working on getting under contract. The problem with that is the language in paragraph 14 triggers paragraph 12, which is the donation of the 40 acres. If he doesn’t acquire a replacement parcel, then paragraph 12 would not be triggered. In the agreement, there is a line above paragraph 14 and after paragraph 16. If Mr. Lotton doesn’t acquire the property, there would need to be an additional conversation. To lock this down, we would need to wait until he locks down the other parcel of land. In a “doom’s day” situation, it would revert to option one.
Attorney Westland stated that he believes with the latest changes, the Town will have ownership of Well No. 9 no later than October of 2021. We do have to make that request.
Mr. Schilling expressed a desire to defer this until the next meeting where they can hopefully have a more concrete answer on the 40 acres of land in question. Mr. Pondinas concurred. Discussion ensued.
Mr. Blazak made a motion to approve the Settlement Agreement contingent on the replacement property being acquired and a petition for annexation being filed by January 1, 2022, and Paragraph 13 of the Settlement Agreement being modified to so reflect; Mr. Schilling seconded the motion. Motion carried unanimously (4-0).
Terry A. Nellemann, 9500 West 103rd Place, alleged that there is a situation of collusion between the homeowners association in The Gates of St. John and the builder. He noted that he received a cease and desist order from Lennar, the police report for failure to get a building permit to correct the issues, and the homeowners association has got the control for a permit. He stated that the builder used materials that were not new when building his house. He asked the Council to get the federal government involved.
Attorney Westland stated that the Town can’t really do anything about the matter. Have Mr. Nellemann meet with Sergio Mendoza and Councilman and put together a summary and see if there is anything we can do.
Mr. Nellemann offered the use of his home for the meeting.
Mr. Swets stated that they would have Mr. Mendoza contact him.
(A written comment was submitted by Mr. Edward Marek and is attached hereto as Exhibit No. 2021-03-03-TC.)
Having no one else wishing to speak, Mr. Swets closed the floor.
Mr. Swets adjourned the meeting at 7:44 p.m.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: Michael Schilling, Councilman.
Megan Henning, Dan Elzinga, and Jim Skiff presented a modernization of the substation requiring them to purchase an additional 175 feet to the area they currently have. The equipment will be approximately the same size. The substation is overloaded due to the growth of St. John, and they need to stretch out the equipment to better serve the community. The substation modernization is the result of a study they completed. The project is proposed to start in the fall and run into 2022. The property is currently being appraised.
Johnny Boersma, 11930 W. 103rd Court, stated the two signs are up for the Veterans’ Memorial project and noted that it would be kicked off with a ribbon-cutting ceremony over Memorial Day Weekend.
Tim Kuiper of Austgen, Kuiper & Jasaitis, representing Tobacco Island, urged the Council to review the minutes and written Findings of Fact before rendering their decision for the Special Exception Variance.
Attorney Westland asked if the Town Council were to grant the Special Exception, would the client honor the request that no LED lighting be used. Mr. Kuiper guaranteed that his client would adhere to those conditions and added that she would not alter the exterior of the building other than updating the signage for the business.
Catherine Walsh, 9063 Columbia Street, spoke about the loss of tree canopy due to the development and requested that the town become a “Tree City USA”.
Ms. Hernandez read comments from Ed Marek of 10135 W. 93rd Avenue and Jason Shields of 11202 Parrish Avenue, which are attached to these minutes as Exhibit No. 2021-03-24-TC1 and 2021-03-24-TC2.
Having no one further wishing to speak, Mr. Swets closed the floor for Public Comment.
Mr. Pondinas made a motion to amend the agenda as requested; Mr. Blazak seconded the motion. Motion carried unanimously (3-0).
Mr. Blazak made a motion to adopt Resolution No. 2021-03-24B, an Intergovernmental Agreement with the Park Board, and authorize the Town Council President to sign; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland advised that the contract be awarded to the lowest and most responsive bidder who is Integral, conditional upon the Park Board’s approval and award, and authorize Tyler McLead, Parks and Recreation Superintendent to execute those documents.
Mr. Blazak made a motion to award the contract to Integral, the lowest and most responsive bidder, conditional upon the Park Board’s approval and award, and authorize Tyler McLead, Parks and Recreation Superintendent to execute those documents; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Mr. Blazak made a motion to adopt Resolution No. 2021-03-24; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland advised that since there are only three Council Members present that the Council cannot adopt the ordinance on first reading because there is not a two-thirds majority present.
Mr. Blazak made a motion to consider Ordinance No. 1725 on first reading only for the property commonly known as Calumet Avenue; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Mr. Blazak made a motion to adopt Resolution No. 2021-03-24A; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland advised that this is the same issue as Ordinance No. 1725.
Mr. Blazak made a motion to consider Ordinance No. 1726 on first reading only for the property commonly known as 11115 Parrish Avenue; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland advised that the recommendation was certified on February 22, 2021, so the Council has 90 days from that date to act. If no action is taken within those 90 days, it is approved automatically.
Mr. Blazak made a motion to defer; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland noted that these are the improvements that Baker Tilly recommended.
Phil Faccenda, Barnes & Thornburg, stated that he and Eric Walsh, Baker Tilly, were present at the meeting virtually. He advised that this is the bond ordinance and that the waterworks rate ordinance and the sewage works rate ordinance are coming next. This the is first reading on all three ordinances with a second reading and final consideration and public action at the April meeting with the Town Council. The bond ordinance provides for the financing through a waterworks bond not to exceed $8,750,000 for improvements which include the new Supervisory Control and Data Acquisition System (SCADA), a new well house for Well Nos. 8 and 9, and water main relocations and replacements.
Attorney Faccenda advised that they will report again next month. He further advised that the Waterworks Board approved the projects with a declaratory resolution last week and recommended the adoption of an ordinance to the Town Council. The Waterworks Board will also have a Public Hearing on those projects at their April meeting prior to the Town Council entertaining this bond ordinance and rate ordinance. If all those steps pass favorably, the bonds will be marketed and sold. Baker Tilly will prepare an offering document. We will close on the bonds in early June, as an earliest date, if it is the Council’s pleasure to move ahead.
Mr. Walsh advised that the introduction of the water rates, the rate adjustment is required to repay the bond issue. The Town is looking at approximately $8.4 million for the bond issue. Amortizing that over approximately 17-18 years at current market interest rates, the bonds cannot be marketed without the rate adjustments because that is the revenue stream to repay the bonds. Mr. Walsh further advised that there is a bond-coverage provision that is required by bond holders. A minimum bond coverage requirement amount is about 125%. Based on current estimates with the rate adjustment, the Town will be in the 140-150% bond-coverage range. It is a little bit higher than the minimum, which is good as they will go to Standard and Poor’s for rating the bonds in an effort to reduce the interest rate.
Mr. Swets entertained a motion to consider Ordinance No. 1729 on first reading only. Mr. Blazak made the motion; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland noted that the Waterworks Board approved the rate adjustments at their March meeting.
Mr. Pondinas requested that flyers go out in the next utility bills to alert the public. Mr. Pondinas also stated the he feels the Public Hearing should be at a meeting prior to the meeting where the vote is taken so the public has a chance to ask questions and digest it. Mr. Swets stated that they would look at having a special meeting in April to have that Public Hearing.
Mr. Swets entertained a motion to consider Ordinance No. 1730 on first reading only. Mr. Blazak made the motion; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Mr. Swets entertained a motion to consider Ordinance No. 1731 on first reading only. Mr. Blazak made the motion; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Ms. Hernandez advised that the majority of the transfers were in response to the creation of this year’s budget and the 5-year Capital Plan. This creates specific line items so each department can track where they are with each expense. This is transferring money to those line items that were created.
Mr. Swets entertained a motion to consider Resolution No. 2021-03-24C. Mr. Blazak made the motion; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Westland for a motion and approval the Settlement Agreement being approved as amended if the Town Council is in agreement with those changes to the document. He advised that if they do that tonight, then the Sanitary Distract can set a special meeting to consider the new document.
Discussion ensued about the timing of meetings.
Mr. Swets entertained a motion to approve the Settlement Agreement as amended. Mr. Blazak made the motion; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Attorney Kuiper requested that a special Town Council meeting be held prior to the special Sanitary District meeting just in case they ask for some wording that they want that does not change what is there to expedite the matters.
Mr. Swets entertained a motion. Mr. Blazak made the motion to approve payment of the RTPs of $313,824.28; Mr. Pondinas seconded the motion. Motion carried unanimously (3-0).
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Mr. Swets welcomed Mike Aurelio as the newest Town Councilman. Mr. Aurelio thanked the Republican Committee for caucusing him into the Council and stated that he is looking forward to serving the Town of St. John. Mr. Aurelio has served on the Town’s Board of Zoning Appeals and the Police Commission as well as serving at the township level as the St. John Township Chairman. Mr. Aurelio has a background in economics and business. He is married to his wife Michelle; together they have four children.
Mr. Blazak made a motion to adopt Ordinance No. 1725; Mr. Aurelio seconded the motion. Motion carried 4 ayes to 1 abstention by Mr. Schilling.
Mr. Schilling made a motion to adopt Ordinance No. 1726; Mr. Blazak seconded the motion. Motion carried unanimously.
After a brief discussion, Mr. Swets entertained a motion to approve the insurance policy and authorize the Town Council President to sign. Mr. Aurelio made the motion; Mr. Blazak seconded the motion. Motion carried 4 ayes to 1 nay by Mr. Pondinas.
Mr. Swets entertained a motion to approve the insurance policy and authorize the Town Council President to sign. Mr. Blazak made the motion; Mr. Schilling seconded the motion. Motion carried 4 ayes to 1 nay by Mr. Pondinas.
Attorney Westland advised that this agreement provides NextEra Energy the right to enter the property and conduct their survey upon notification for which they will pay monetary compensation in the amount of $250.
Mr. Schilling made a motion to accept the agreement with NextEra Energy and authorize the Public Works Director to sign; Mr. Blazak seconded the motion. Motion carried unanimously.
Gordon Ivetich, 14576 West 93rd Avenue, Dyer, remarked that Lake County told him that they were putting a hold on paving the area by his residence from west of the town limits to Sheffield Avenue because St. John would be annexing the unincorporated area there. The Council had a conversation with the gentleman and told him that there are no plans to annex property in the area he is referencing.
Having no one else coming forward to speak, Mr. Swets closed the floor.
Mr. Schilling made a motion to appoint Bryan Blazak as the Town Council Liaison to the Plan Commission and BZA; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to appoint Mike Aurelio as the Town Council Liaison to the EDC; Mr. Schilling seconded the motion. Motion carried unanimously.
Clerk-Treasurer: None was had.
Staff: None was had.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Mr. Swets introduced Michael Aurelio as the newest member of the Town Council.
Michael Bender, 8947 Winding Trail, and Jesse Washington, 10207 South Branch, presented on behalf of the HOA. The HOA had installed a camera system in the past, and many of the residents weren’t happy with it because it was in someone’s basement and was subsequently removed. They would like to install two cameras on all three entrances that will be solar-powered. The system would upload footage into the “Cloud” that would be monitored by Flock Safety in Georgia, and the only time the footage would be accessed is when the police request the same for an investigation.
The HOA representatives noted they had taken a poll on their website due to the crimes committed in their subdivision in the past few years in which 82% of the respondents voted in favor of the cameras. They are hoping that the cameras will deter the crimes and undesirable activities that appear to be happening in the parking lot by the park. The residents of Stonegate are also in favor of the system. The optimal place to put the cameras would be in the islands at the entrances/exits.
The HOA requested for the ownership of those islands to be given to the HOA, which maintains the landscaping and upkeep of said islands. Mr. Swets advised that it is part of the roadway and not parcels of land. Attorney Westland confirmed that if it is part of the roadway, that it would be problematic. The HOA requested permission to post the cameras in that area. Mr. Swets responded that it is something that might be able to be considered, but that they would need a license for it if the Town approved it.
The HOA requested for something to be done regarding the late-night and overnight parking that happens in the park, even if it is only signs that only allow parking from dawn to dusk.
Liz Sheeran, 8818 Hillside Drive, asked if the Town Council is looking for a certain number of people to say yes to the installation of the cameras.
Mr. Swets stated that this item would be on a meeting agenda for action so the residents can come and speak one way or the other about it.
Eric Walsh of Baker Tilly advised that the water and sewer utilities are enterprise funds of the Town and with the increase, the funds could stand alone based on operational costs and the proposed debt service. Mr. Walsh noted that in addition to the projects mentioned, other projects would need to be done over time, and this rate adjustment also creates a revenue source to pay for those pay-as-you-go costs.
Mr. Swets advised that it has been a number of years since the rates have increased and noted that the cost of employment and equipment to provide those utilities continues to grow annually. There are also additional treatment, monitoring, and reporting costs that are incurred regularly.
Mr. Pondinas advised that the cost to do Well No. 3 and 5 is $90,000. Well No. 7 had an oil leak and cost approximately $12,000.
Mr. Swets reported that he has had emails asking why the developers aren’t being asked to pay for these things and responded that the Town is only statutorily allowed to ask for developers to pay for certain costs. The developer is required to install all the infrastructure.
Mr. Walsh commented that water and sewer both bring in approximately $500,000-$600,000 each from new development in the form of system development charges. When a house or new development goes up, there is money that those individuals are paying to connect to the utilities, which is used for capital infrastructure, etc. That revenue source is the primary reason that the Town has been able to go this long without a rate increase. Eventually, the growth is so much that quite a bit of revenue must be reinvested back into the system, and the Town is at the point where the growth is not paying for the capital improvements it has.
A short question-answer session with the Town Council and Mr. Walsh occurred.
Mr. Schilling noted that several of the lift stations, which were installed by developers, are getting ready to age out in the next ten years and will need to be replaced.
Mr. Swets opened the floor for public comment.
Joan McInerney, 9405 West 90th Lane, asked where the additional funds were coming from for the water and sewer if the funds were not self-sustaining. She further asked if the rate increase would allow the Town to have additional funds for additional maintenance that may be needed.
Mr. Walsh explained that the Town has cash reserves, and any time there is a negative cash flow, you dip in and deplete reserve amounts. It got to the point with the sewer utility, that there was a loan made between water and sewer that is being paid back, which shows that the rate increase is overdue. Mr. Walsh furthered that when he alluded to the $300,000 and $400,000, those are for reinvestment back into the system with a projection of 5 years based on current trends.
Brian Daniell, 14285 West 93rd Place, asked if the Town will still buy water from the same place if there is a rate increase or if it would be a better quality of water.
Mr. Schilling responded that it will be the same water. It was noted by Mr. Swets and Mr. Pondinas that Well Nos. 8 and 9 will be better water-producing wells.
Mr. Swets advised that the resolutions and ordinances regarding the rate increases will be addressed during a public hearing at the Town Council meeting on April 28, 2021.
Mr. Swets adjourned the meeting at 8:40 p.m.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Attorney Tim Kuiper of Austgen, Kuiper & Jasaitis, representing Tobacco Island, urged the Council to review the minutes and written Findings of Fact before rendering their decision for the Special Exception Variance. Attorney Kuiper reiterated his comments from the March meeting for those members who were not present at that meeting and noted that the only letters received for the business were in support of the business. He requested a favorable decision from the Town Council and affirmed that his client will commit to having no LED lights and to making no changes to the exterior of the building except for the signage.
Randy Stotmeister, 10760 Thielen Street, stated that there are too many deer now, and they are eating plants.
Jean Smith, 10575 West 93rd Avenue, complained about the deer population, presented a flyer to the Council entitled “Urban Deer Control” that the Indiana Department of Natural Resources sent her, and asked the Council to consider it.
Ms. Hernandez read comments from Bill Purcell, 8649 Fairway Drive, and Christian Jorgensen, 10157 East Wellington Court, which are attached to these minutes as Exhibit Nos. 2021-04-28-TC1 and 2021-04-28-TC2.
Having no one further wishing to speak, Mr. Swets closed the floor for Public Comment.
Attorney Westland advised that the proofs of publication are in order and in compliance with Indiana law.
Mr. Swets opened the floor for public comment.
Leo Meaney, 8901 Deodor Street, stated that they are present to request the Town Council for permission to be annexed into the Town of St. John.
Having no one further wishing to speak, Mr. Swets closed the floor to public comment and publicly introduced the fiscal plan.
Mr. Blazak made a motion to consider Ordinance No. 1732 on the first reading; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Swets advised that the adoption of the fiscal plan and the ordinance will take place at the May 26, 2021, meeting.
The Town’s Bond Attorney Phil Faccenda of Barnes & Thornburg advised that the proofs of publication and notices of the Public Hearing for both the water rates and the sewer rates are in order. They were posted in the Times and the Post Tribune on April 2, 2021. Attorney Phil Faccenda requested that Eric Walsh of Baker Tilly give an opening presentation on the rate adjustments.
Mr. Walsh summarized the rate adjustment for both the water and sewer rate adjustments:
The water rate adjustment being proposed would impact a 4,000-gallon-per-month customer by an increase of about $3.91 per month on the water bill only, which is the average usage for a two-three family residence. The rate adjustment will pay for operational maintenance repairs, past, present, and a future couple of years. It will also support capital improvements and support the bond issuance. It will produce about $400,000 per year for water mains and other needs that have been identified.
The sewer rate adjustment being proposed would impact a 4,000-gallon-per-month customer by an increase of about $2.28 per month on the sewer bill only, which is the average usage for a two-three family residence. It will support capital improvements and support the bond issuance. It will produce about $200,000 to $300,000 per year. Overall, for a two-three family residence, it will cost approximately $6.19 for the water and sewer rate increases combined.
Mr. Swets opened the floor for public comment for both the water and sewer rates together with the approval of Attorney Westland and Attorney Faccenda.
Ted Nosal, 12629 Larimer Drive, spoke about his tax increase from 2019 and stated that there should be reductions for people who are retired. He also spoke about the deer population and remonstrated against all the new construction in town and its impact on the town.
Chuck Demkowicz, 9484 Belmont Avenue, expressed concern that the water that comes from the aquifer can dry up, especially with all the building that is happening. He also stated that he would like less expensive utility bills.
Randy Stotmeister, 10760 Thielen Street, inquired as to when the pipe will be repaired on Thielen Street.
Dave Mills, 12465 Hoffman Place, requested that the studies that were conducted to justify the rate increases be published for public consumption.
Rick Conaway, 12381 West 94th Court, inquired if the increase will impact those using less than the minimum rate.
Ms. Hernandez read public comments from Bill Manousopoulos, 10011 Parrish Avenue; Joe Hero, 11723 South Oakridge Drive; Debra Magurany, 8735 Howard Street; Mike Ziemkowski, 12331 103rd Court; Dave Iperlaan, 8980 Schillton Drive; Erik De Vries, 11903 Louis Drive; and Wendy Guglielmo, 8725 Howard Street, which are attached to these minutes as Exhibit Nos. 2021-04-28-TC3 through 2021-04-28-TC9.
Having no one else wishing to speak, Mr. Swets closed the floor.
Mr. Aurelio requested that the rate increase be done incrementally. Mr. Walsh responded that the rate increase must be adopted all at once as part of the bond issuance, and the full rate increase needs to be in place within 18 months.
Attorney Westland asked Attorney Faccenda to advise on doing an amendment on the billing based on the way the ordinances are written.
Attorney Faccenda stated that if the Council were to delay the implementation of the rates for a period of time but keep the ordinance as is, that can be done on the floor; however, if the Council were to come up with a different schedule that is not in the ordinance tonight, a new ordinance would have to be drafted. Discussion ensued, wherein the Councilmen were amenable to delaying the rate increase until the November billing.
Attorney Faccenda addressed the question about the bond issuance not being addressed properly. Attorney Faccenda advised that there was a public process with two meetings before the Waterworks Board, a declaratory and a confirming resolution along with a public hearing on April 20, 2021. Statute requires an estimate of costs, and there was an estimate of cost with much detail presented at that public hearing.
Scott Kuchta, Haas & Associates, addressed the comment about the Town moving the utility lines instead of INDOT and advised that the State allows the utilities to be located in a public roadway right-of-way up until the point that it interferes with INDOT’s road projects.
Mr. Swets asked Attorney Westland about making a different start date from the adoption date. Attorney Westland responded that they would adopt the ordinance to be in full force and effect on November 1, 2021.
The Council and Ms. Hernandez agreed on the November 1, 2021, effective date.
Mr. Blazak made a motion to adopt Ordinance No. 1730, amending Ordinance No. 1645 and 1385, establishing rates and charges for the rates of and services rendered by the Waterworks system, to be effective in total November 1, 2021; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Swets reiterated that proofs of publication are in order and opened the floor for public comment.
Chuck Demkowicz, 9484 Belmont Avenue, asked if the developer is paying for the sewer and the water in the development. A discussion ensued between the Council members and Mr. Demkowicz regarding the various fees.
Ted Nosal, 12629 Larimer Drive, spoke in favor of stair-stepping the rates.
Having no on further wishing to speak, Mr. Swets closed the floor.
Mr. Schilling made a motion to approve Ordinance No. 1731 with it going into full effect on November 1, 2021, that will set the rates for the Sewage Works; Mr. Aurelio seconded the motion. Motion carried unanimously.
Attorney Faccenda advised that many of the projects have already been addressed; the projects that are incorporated into the financing are, broadly, the SCADA System, the new well house for Well Nos. 8 and 9, and the water main relocations and replacements throughout the town. The aggregate principal amount of the bonds is not to exceed $8,750,000. Included in that would be the costs of the projects, the cost of issuing the bonds, and a debt service reserve for protection for the bonds because they are revenue bonds. The bonds would be on parity with the existing Waterworks bonds that are from 2017, which are refinancing bonds from a prior bond issue with an outstanding balance of $1,895,000. The bonds will be issued in such a way that the impact of the debt service on these bonds would not take full impact until such time that the debt service on the other bonds is winding down. The final maturity of the proposed bonds would be no longer than August 1, 2040.
Mr. Maurer explained the projects in greater detail for the edification of the public. The projects fall into three categories: A) Water Supply, which concerns new Well No. 8 and future Well No. 9 with an estimated project cost of $2,840,000. B) Proposed New Water Mains to improve the distribution, projects include 12-inch water main on the west side of U.S. 41 from Well house No. 4 to the south 1400 feet with an estimated cost of $210,000 and 2000 feet of 12-inch water main on the south side of 101st Avenue from Park Place to Cline Avenue with an estimated cost of $215,000. And C) Water Main Replacements due to seven failing water mains with an estimated cost of $3,367,000. Three of them are on Olcott Avenue, one is on West 85th Avenue, one is the U.S. 41 water main relocation for the INDOT project, one is a water main retirement at Prairie West Park, and one runs from West 96th Court and Northcote Avenue to 97th Court and Northcote Avenue.
Mr. Maurer advised that they are preparing a Water Capacity System Study for the Town which includes the location of future water supply well and determine whether or not well supply can meet the needs of the town at full development, including expansion of the town boundaries. Mr. Maurer spoke about the Town’s ability to get Lake Michigan water at a much greater expense than well water.
Mr. Aurelio made a motion to adopt Ordinance No. 1729 on second reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Schilling made a motion to approve the Special Exception. Motion dies for lack of a second.
Mr. Blazak made a motion to deny based on the Board of Zoning Appeals’ recommendation for 10135 Earl Drive in the U.S. 41 Overlay District; Mr. Aurelio seconded the motion. Motion carried 4 ayes to 1 nay by Mr. Schilling.
Mr. Schilling made a motion to defer this item to the next regular meeting as there are some changes that the Fire Department would like to make; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Schilling stated that he would like it to still be required in both the Times and the Post. Attorney Westland advised that the changes will bring our policies in compliance with state law. He further advised that if the Town Council modifies the changes, the matter will have to go back in front of the Plan Commission again to have a chance to weigh in on that modification.
Mr. Schilling made a motion to send the change in requirements back to the Plan Commission to review it and add the text of two newspapers with one notice; Mr. Blazak seconded the motion. Motion carried unanimously.
Ms. Hernandez advised that the fund relates to the money received from the American Recovery Plan Act. It outlines that all monies must be receipted into the ARP Grant Fund. Before money can be disbursed, the Fiscal Body must appropriate the fund. To ensure accountability and transparency of the fund, all disbursements must be made directly from this fund and may not be transferred to another fund. A detailed accounting of the fund is required along with internal controls.
Mr. Blazak made a motion to consider Ordinance No. 1735 on first reading; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to adopt Ordinance No. 1735; Mr. Aurelio seconded the motion. Motion carried unanimously.
Ms. Hernandez advised that this item and the next two go hand-in-hand and include various items for the investment of public funds, investment advisory services, and banking services and authorizing her to execute the same.
Mr. Walsh advised that the funds can only be invested in Treasury Bills, CDs, Hoosier Fund, and things like that are allowable investments.
Mr. Blazak made a motion to adopt Resolution No. 2021-04-28; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Schilling made a motion to approve the Investment Advisory Services agreement with Baker Tilly and authorize the Clerk-Treasurer to sign; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Aurelio made a motion to approve the Depository Agreement with Lake City Bank and authorize Clerk-Treasurer to sign; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Aurelio reported that the Economic Development Committee awarded Welch’s the monthly award, and the committee is hard at work on a façade improvement program.
Mr. Pondinas thanked Eric Walsh, Phil Faccenda, and Engineers Jim Maurer and Scott Kuchta for their hard work on the bond issue as well as Bob Valois and Bob Davis of Public Works.
Mr. Schilling reported that the first phase of the Joliet Street project should be wrapping up in the next couple of weeks, and then they will start the work on the intersection work to connect the road to U.S. 41, which is anticipated to be completed in July or August.
Mr. Swets asked Mr. Kuchta to elaborate. Mr. Kuchta reported that the final lift for the surcharge was installed the week prior and must sit for 4 weeks. If that settles according to how the engineers predicted it would, final road construction should be able to start. The final surface should go down on Joliet Street on Friday. The third phase of Joliet Street between CSX and the Parrish Avenue Roundabout will be part of the Community Crossing Municipal Grant paving program. Within the next couple of months, Joliet should be repaved from U.S. 41 to Parrish Avenue. Thielen Street from Joliet Street to Hart Street will be done next week. Mr. Kuchta advised that the traffic signal will be activated once the road is paved from the new intersection to U.S. 41.; then, the barrier to prevent left-hand turns at U.S. 41 and Joliet Street will be installed. July is the anticipated schedule.
Mr. Swets noted that he has notification from the St. John Volunteer Fire Department that they are looking for support from the Town Council for the maintenance of the training site.
Mr. Schilling made a motion to donate $15,000 to the St. John Volunteer Fire Department Training Site maintenance; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Schilling commented that multiple other areas use the training facility.
Mr. Swets reported that we need to update the Town’s appointment to the Southshore Convention and Visitor’s Bureau. We thank Mr. Ed Welch for his service and will be replacing him with Mr. Peter Klideris, Vice-President of Theo’s Dining Group.
Mr. Blazak made a motion to appoint Mr. Peter Klideris, Vice-President of Theo’s Dining Group to the Southshore Convention and Visitor’s Bureau; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Pondinas made the motion to approve payment of the RTPs of $403,315.26; Mr. Schilling seconded the motion. Motion carried unanimously.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer, and David Westland, Town Attorney.
Absent: None.
Louise Tallent, 2723 Sycamore Drive, Dyer, stated that she hand-delivered letters to the Council for the Lake Central Education Foundation and passed out a handout. She spoke about the grant program that supports teachers and educational programs. She requested that the Council Members consider donating to the foundation.
Terry Nellemann, 9500 W 103rd Place, stated that he is here for the community and remonstrated against Lennar Builders. He noted that it was his third time there.
Having no one else wishing to speak, Mr. Swets closed the floor.
Mr. Blazak made a motion to put the agreement on the table for discussion; Mr. Aurelio seconded the motion.
Attorney Westland advised that they could defer this until the language is changed. The more expedient option would be to approve the agreement and then approve an amendment to paragraph 3-B. When asked if the Council could move to approve the agreement with the amendment, Attorney Westland responded that they could do it that way as well.
Mr. Blazak made a motion to approve the Employment Agreement and amend Paragraph 3-B to reflect that Mr. Salatas would receive annual raises consistent and the same as the majority of the other Town of St. John employees; Mr. Aurelio seconded the motion. Motion carried unanimously to amend the contract.
Mr. Swets asked Mr. Chris Salatas and his wife to come up for introductions.
Mr. Salatas introduced his wife Jessica and thanked the Council for allowing him the opportunity to serve St. John. They are looking forward to moving to St. John and becoming part of the community. Mr. Salatas is an Eagle Scout, a Knight of St. John, has a bachelor’s degree from IUN in Political Science, and is working on his MBA at the University of Arizona. He currently serves as the Lowell Town Council President, which he will be giving up that seat to serve as the Town Manager of St. John. He serves as the Regional Director for Todd Young, U.S. Senator. He and his wife just finished real estate school.
Mr. Pondinas requested the floor to make a point of order. He affirmed that he voted to approve to amend the agreement and the percentage. He apologized and added that he did not vote in favor of hiring Chris Salatas.
Attorney Westland advised that for the record the minutes should reflect that Mr. Pondinas voted yes for the amendment but no for the appointment.
Mr. Matt Miniel, Haas & Associates, advised that the change order is for the additional cost for the ADA ramp improvements. The truncated cast-iron domes were in the contract bid documents. After being awarded the bid, Rieth-Riley notified them at the pre-construction meeting that they did not provide a cost for those domes. The price that was in their bid is not conducive to the cost for the truncated cast-iron domes. Their initial cost per square yard was $150, which is typical for fiberglass domes. The initial cost of the cast-iron domes was listed as $410 per square yard. The cost difference is an additional $209 per square yard for a total increase of $9,314.62.
Mr. Miniel stated that in the future, they will tailor the special provisions to specify that the approved equal list for INDOT will only be allowed on the cast-iron material list.
Mr. Pondinas referenced a problematic area in the vicinity of Judith Lane and Ventura Drive. Mr. Miniel advised that the curb cut on Dena Court and Ventura Drive that the cross slope was way off, so it was a liability to the Town. Mr. Miniel stated that it is fixed.
Mr. Blazak made a motion to approve Change Order No. 1 in the amount of $9,314.62 and authorize the Town Council President to sign; Mr. Pondinas seconded the motion. Motion carried.
Mr. Miniel gave a Community Crossing Municipal Grant project update and noted that as of June 1, 2021, all of the concrete work will be completed town-wide. They will do the milling process from June 7, 2021, through June 15, 2021, with paving beginning on June 9, 2021. The improvements to Joliet Street are anticipated to start on June 7th.
Mr. Pondinas mentioned the entrance to Alsip is dangerous with the INDOT work taking place. Mr. Miniel agreed to reach out to that project manager at Haas about that issue.
Mr. Pondinas spoke about the water main issues on U.S. 41 between Alsip Nursery and Oil Exchange. The main was moved when the ductal main was having deterioration issues. It was moved with the proper permits and followed what the State requested. When the INDOT came back in, they tore it up. Our locator was there with a probe and told them exactly where it was located. Mr. Miniel responded that he cannot speculate, but it should have been located. If it conflicts, as that contractor claims, the Town should have been notified so that they could send someone out there to adjust it. Discussion ensued.
Mr. Blazak asked for the target completion time for the paving. Mr. Miniel stated that they anticipate the paving to be completed by the end of June.
Mr. Blazak made a motion to adopt Resolution No. 2021-05-26; Mr. Schilling seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to adopt Ordinance No. 1732; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to consider Ordinance No. 1732 on first reading; Mr. Aurelio seconded the motion. Motion carried 4 ayes to 1 abstention by Mr. Schilling.
Mr. Schilling briefly summarized the revisions to the Fire Department’s section of the Salary Ordinance.
Ms. Hernandez asked for a couple of revisions. Under D, Fire Department, the blank space next to not-to-exceed $21.88 should read “Firefighter/Paramedic, Part-time”. Under “Uniform Allowance” the text should read “All Full-time Firefighters/EMT and Firefighter/Paramedics” so that it is clear that it does not include civilian employees. The retroactive language written into Building and Planning should be included in Farmers Market as well, noting that the change was made in 2020 but that her department did not make that change in their system and paid the salaries from the Farmers Market Fund, so they wish to backdate so the fund that they were paid from is the approved fund.
Mr. Blazak made a motion to consider Ordinance No. 1733 as amended on first reading; Mr. Schilling seconded the motion. Motion
Mr. Schilling made a motion to adopt Ordinance No. 1733 as amended; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Swets reported that they have received an abundance of information regarding grant money, Coronavirus Relief Funds, and the American Rescue Plan Act. There is much information out there that needs to be reviewed. He feels it is important for everybody to know that the Town is aware of what is available and is going to investigate how much can be used and for what. There are numerous stipulations and guidelines. St. John was earmarked for $3.9 million, but there are specifications as to how the money can be used.
Mr. Swets reported the Mad Bombers will be doing a fireworks display on Saturday, July 3, 2021, at Heartland Park.
Mr. Swets stated that the administrative assistant in the Town Manager’s Office is up for a review of her starting pay as of May 8, 2021. He entertained a motion to raise her salary to $24 per hour retroactive to May 8, 2021. Mr. Aurelio made the motion; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to authorize Clerk-Treasurer Beth Hernandez to publish the Notice of the sale of real estate; Mr. Pondinas seconded the motion. Motion carried unanimously.
Attorney Westland briefly reviewed a few examples of the limitations. The statute does require any member appearing remotely to be seen and heard and certain items cannot be voted on remotely, including but not limited to the adoption of the budget, eminent domain, and certain personnel decisions. Should the Town choose to adopt a written policy, he will assist in that endeavor. Should the Town decide not to adopt a written policy and the public emergency ends, no member shall be allowed to attend remotely.
Mr. Blazak made the motion to approve payment of the RTPs of $86,446.39; Mr. Pondinas seconded the motion. Motion carried unanimously.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Beth Hernandez, Clerk-Treasurer; Chris Salatas, Town Manager; and David Westland, Town Attorney.
Absent: None.
Joe Moore, 9115 Winding Trail, spoke about the relationship between the Town and Lake Hills Homeowners Association working together to complete projects. He stated that there are issues with invasive grass species affecting the wildlife in local ponds. The HOA wants to take care of that issue asked what they need to do since the Town owns some of the ponds.
Attorney Westland advised that as a permanent solution, the Town Council could develop a policy that is consistently applied throughout the town to either take control of all the ponds or require the homeowners' associations to control the ponds. Until a decision is made and title issues are worked out, he recommended that they grant a temporary license to bring their contractors onto the Town property to complete the work. The contractor would need to indemnify the Town. The Town Council could work towards a more permanent solution at a later time.
Mr. Swets asked if they need special permits and cautioned that all the vegetation should not be killed off. Mr. Moore stated that they would use the same contractor the Indiana Department of Environmental Management and the Indiana Department of Natural Resources use, Cardno. Mr. Blazak advised that Bob Davis, Director of Public Works, approved the specs that he had reviewed by our professionals for this project. Discussion ensued. Attorney Westland asked that the information on the project be emailed to Mr. Salatas so that he may draft the appropriate documents.
Mr. Blazak made a motion to have Attorney Westland draft a license agreement that shall be reviewed and signed by the Town Manager; Mr. Schilling seconded the motion. Motion carried 4 ayes to 1 abstention by Mr. Aurelio as he lives in Lake Hills.
Attorney Westland read an email from Edward Marek, 10135 West 93rd Avenue, which is attached hereon as Exhibit No. 2021-06-23-TC. The Town Council and Clerk-Treasurer responded to questions posed in the letter.
Having no one else wishing to speak, Mr. Swets closed the floor.
Mr. Salatas reported that he is working with closely staff on this event.
Mr. Blazak made a motion to approve the contract with Mad Bomber Fireworks Productions to provide a fireworks display and authorize the Town Manager to sign; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Aurelio made a motion to approve the License and Agreement with BLB St. John, LLC, and authorize the Town Manager to sign; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to approve the License and Agreement with Harry A. and Katherine A. Snell Living Trust and authorize the Town Manager to sign; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Pondinas thanked the Snells for their assistance. Mr. Swets thanked Mr. Lotton for allowing the use of his property as well.
Mr. Pondinas expressed a desire to defer certain items of the Amendment to the Agreement with The Arsh Group, Inc. Mr. Blazak responded ¬¬¬¬that the agreement needed to be approved in its entirety because the Road Impact Fee was to start being collected on July 13th.
Mr. Salatas advised that the Town Council will need to have a special meeting before the Road Impact Fee starts to appoint the review board. He also advised that while some of the items need to be addressed prior to the start of the impact fee, others could wait until after the impact fees have started to be collected and be paid for out of those funds.
Attorney Westland advised that the agreement can be done in phases, and the first three items on the agreement could be approved. He noted that Attorney Decker indicated that he already reviewed the Code, so to pay The Arsh Group and have Attorney Decker review it, it would likely be less expensive to have Attorney Decker do it since he already has that knowledge.
Mr. Schilling made a motion to approve the Agreement for Items 1, 2, and 3, in the amount of $29,910 and authorizing the Town Manager to sign; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Salatas advised that Bob Davis, Director of Public Works, informed him that this is something that the Town has done in the past and is something he would like to continue to do. The contract is a 48-month contract where INDOT will pay the Town to perform street sweeping along U.S. 41 twice a year at a rate of $360 a curbed mile.
Mr. Schilling made a motion to approve the Agreement with INDOT for street sweeping and authorize the Town Manager to sign; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Salatas advised that the Town Council had acted on this previously requiring the notice to be in the Northwest Indiana Times and the Post Tribune and sent a recommendation to the Plan Commission for adoption. There was no communication to the Plan Commission for the same, so they did not take action within the allowed 45 days. Attorney Decker and Attorney Westland would like the Town Council to pass this on second reading to send it back to the Plan Commission for them to adopt or deny the same. The plan is to get both the Plan Commission and the BZA to adopt similar ordinances for both parties that it be two newspapers, one time for ten days for the Public Hearing notices so there is consistency among the two boards.
Mr. Aurelio made a motion to consider Ordinance No. 1734 on second reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Aurelio made a motion to adopt Ordinance No. 1734 on second reading; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Blazak made the motion to approve payment of the RTPs of $210,771.35; Mr. Pondinas seconded the motion. Motion carried unanimously.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Also present: Kathy Balicki on behalf of Beth Hernandez, Clerk-Treasurer; Chris Salatas, Town Manager; and David Westland, Town Attorney.
Absent: Michael Schilling, Councilman, and Beth Hernandez, Clerk-Treasurer.
Attorney Westland advised that this ordinance needs to be passed in a timely manner due to the Public Health Emergency potentially coming to an end and gave a quick overview of the ordinance. In order to vote, a member will have to be able to be seen and heard by anyone who is in attendance virtually or otherwise. Additionally, there are restrictions on the number of times a member may be present at a meeting virtually.
Mr. Aurelio made a motion to consider Ordinance No. 1737 on first reading; Mr. Blazak seconded the motion. Motion carried unanimously.
Mr. Blazak made a motion to adopt Ordinance No. 1737 on first reading; Mr. Pondinas seconded the motion. Motion carried unanimously.
Mr. Blazak gave an overview of the process and requirements for the Impact Fee Review Board and stated that the Road Impact Fee would go into effect on July 13, 2021.
Mr. Blazak made a motion to appoint Mateusz “Matt” Dudzik, CPA; Tony Mitidiero, Realtor; and Scott Zajac, Engineer to the Impact Fee Review Board; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Salatas advised that this was present before the Council at the June Regular Meeting; however, there were concerns about the cost and the necessity for some of the items. He worked with Beth Hernandez, Clerk-Treasurer; Jason Dravet, IT Director; and Adam Decker, Plan Commission Attorney; and they have cut the number of items needed. The original proposal was cut from $54,980 to $37,150, saving $17,830. Mr. Salatas asked that the Town Council approve the same.
Mr. Blazak made a motion to approve the Amendment to the Agreement with The Arsh Group, Inc. and authorize the Town Manager to sign; Mr. Aurelio seconded the motion. Motion carried unanimously.
Mr. Swets thanked all involved with the July 3, 2021, fireworks show and stated that it was an awesome show.
Mr. Blazak complimented and thanked those who assisted with the fireworks.
Respectfully Submitted:
Margaret R. Abernathy, Recording Secretary
St. John Town Council
Members present:
Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Also present:
Mr. Salatas, Town Manager; Mr. Westland, Attorney; Ms. Hernandez, Clerk-Treasurer
• June 23, 2021 Regular Meeting
• July 7, 2021 Special Meeting
Board Action
Mr. Swets asked for a motion to approve the June 23, 2021, Regular Meeting Minutes and the July 7, 2021, Special Meeting Minutes.
Discussion/Questions/Comments
Mr. Pondinas commented on the June 23, 2021, Regular Meeting Minutes. He is asking to have Mr. Blazak’s complete comment of “all or nothing” added into the discussion for Item D, the Arsh Group. He wants to replace what is currently recorded – “in it’s entirety”. Mr. Salatas stated that the cost savings of $17,830 is listed in the July 7, 2021, minutes. He wants the exact words added. He always encourages people to ask questions, that is what he did and sometimes you can save money.
Mr. Pondinas made a motion to defer the June 23, 2021, Regular Meeting Minutes.
Mr. Aurelio seconded the motion.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion to defer carried unanimously
Mr. Swets asked for a motion to approve the July 7, 2021, Special Meeting Minutes.
Mr. Schilling made the motion to approve the July 7, 2021, Special Meeting Minutes.
Mr. Pondinas seconded the motion
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion to approve carried unanimously
Suzie Gonzalez
Representative from All-Pro Towing
1040 Kennedy
Schererville, IN
With the Town growth we are respectfully asking to be added to the Police Department Tow Rotation.
We were not recommended.
There are reasons why I feel we should be added:
Dropped in 2020 – Chief Flores said they did not have enough tows. All-Pro records show 87 tows for St. John Police Department in the same time frame which was 60% of the tows.
No complaints.
After one incident we had, an Officer told us what a terrific job we did, that Officer was Chief Flores.
We have a history listed for each ticket; no changes can be made.
We have no handwritten receipts.
Pricing is listed on our proposal.
We have a proven track record with the Police Department.
I am respectfully asking for All-Pro towing to be added back into the St. John Police Department Tow Rotation.
I will provide copies of each of the summaries.
I have also read the same statement to the Safety Board.
Terry A. Nellemann
9500 W. 103rd Place, SJ
He had contact with Lennar on June 29, 2021. There appears to be major structural issues with the floor. It will cost approximately $140 - $160,000 to repair in our home alone. He is familiar with contractual work, lumber prices, and labor costs.
There has always been an issue regarding permits and inspections. The question to the Town Council is; At $140 - $160,000 (one home) to repair a main floor structure, would there be a permit that would have to be applied for?
Mr. Swets stated you would probably have to check with Building and Planning Department.
Mr. Nellemann stated that Lennar has purchased permits previously. He has submitted documents to Building Department. What he’s really like to know is does the Town Council think that a $140 - $160,000 permit would need an inspection?
Mr. Aurelio asked what is wrong. Mr. Nellemann invited him to his home to experience what is wrong with the floors.
No Public Comments via email
Mr. Salatas stated that this did receive a Favorable Recommendation from the Plan Commission.
Discussion/Concerns/Questions
None
Board Action
Mr. Swets called for a motion to Consider acceptance of a Subdivision Bond in the amount of $112,514.94 on behalf of Olthof Homes, LLC, for Summerlin Estates, Phase 3
Mr. Aurelio made the motion to Consider acceptance of a Subdivision Bond in the amount of $112,514.94 on behalf of Olthof Homes, LLC, for Summerlin Estates, Phase 3. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated this received a Favorable Recommendation from the Plan Commission.
Discussion/Concerns/Questions
None
Board Action
Mr. Swets called for a motion to Consider acceptance of a subdivision Bond in the amount of $81,077.75 on behalf of Olthof Homes, LLC, for Walden Clearing, Phase 3.
Mr. Schilling made a motion to Consider acceptance of a subdivision Bond in the amount of $81,077.75 on behalf of Olthof Homes, LLC, for Walden Clearing, Phase 3. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated that this received a 3 – 1 Favorable Recommendation from the BZA. The reason it went to BZA is because it does not comply with the US 41 Overlay District, but it did receive the favorable recommendation to go in the Strack and VanTil empty space.
Discussion/Concerns/Questions
None
Board Action
Mr. Swets called for a motion to Grant a Variance request for a medical office at 9825 Wicker Avenue in the U.S. 41 Overlay District.
Mr. Aurelio made the motion to Grant a Variance request for a medical office at 9825 Wicker Avenue in the U.S. 41 Overlay District. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated the Safety Board, more specifically Chief Flores received 4 bids for Towing services – two were selected and received a unanimous favorable recommendation from the Safety Board. This is for a One-Year Towing contract.
I would recommend the same.
Discussion/Concerns/Questions
None
Board Action
Mr. Swets called for a motion to Consider awarding the 2021 Police-Directed Towing Services to Stan’s Towing and Kubiak Service & Towing.
Mr. Schilling made a motion to award the 2021 Police-Directed Towing Services to Stan’s Towing and Kubiak Service & Towing. Mr. Aurelio seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Swets stated this is a used Police vehicle we are selling to another police unit; these vehicles generally have a 7-year life span. This one has hit its life; they are run hard.
Mr. Salatas recommended selling to Lynwood, IL Police Department.
Discussion/Concerns/Questions
Mr. Schilling shared that the vehicles are usually sold within the state of Indiana, is there any problem selling outside the state?
Mr. Salatas deferred to Mr. Westland.
Mr. Westland responded that his only concern was that there was no price on the memorandum.
A brief discussion centered around possibly using it within Town. Another suggestion was to possibly get the best cost for the Town through scrap metal or get the highest value for it.
Board Action
Mr. Swets called for a motion to Consider the sale of the 2013 Dodge Charger to the Lynwood Police Department.
Mr. Blazak made a motion to defer the sale of the 2013 Dodge Charger to the Lynwood Police Department. Mr. Pondinas seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion defer carried unanimously
Mr. Salatas stated he would get together with Chief Flores regarding the car.
Mr. Westland shared that there was issue with paying those individuals that worked over the 4th of July Holiday. He is recommending paying them commensurate with work done. $120 for full time employees and $60 for part time employees. It should be in Ordinance form because you are paying them a wage, but in bonus form so it’s an amendment to the Salary Ordinance.
Discussion/Concerns/Questions
Mr. Aurelio stated these employees worked the fireworks show and we’re paying a bonus based on hours worked.
Mr. Pondinas shared that some of these employees had vacation time, this was given to them in a couple weeks’ time and some cancelled vacation, or they stayed home and had to make other arrangements. It’s a one-time bonus.
Mr. Westland stated it would be confirmed through the Town Manager and paid only to those that worked the Fireworks.
Board Action
Mr. Swets called for a motion to Consider, on first reading, Ordinance No. 1738, an ordinance amending Ordinance No. 1720 to pay bonuses to Town employees who provided services for the Fireworks Celebration on July 3, 2021.
Mr. Aurelio made the motion to Consider, on first reading, Ordinance No. 1738, an ordinance amending Ordinance No. 1720 to pay bonuses to Town employees who provided services for the Fireworks Celebration on July 3, 2021. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously, on first reading
Mr. Swets called for a motion to Adopt Ordinance No. 1738, an ordinance amending Ordinance No. 1720 to pay bonuses to Town employees who provided services for the Fireworks Celebration on July 3, 2021.
Mr. Schilling made the motion to Adopt Ordinance No. 1738, an ordinance amending Ordinance No. 1720 to pay bonuses to Town employees who provided services for the Fireworks Celebration on July 3, 2021. Mr. Pondinas seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated that this is an annual donation for a great cause, September is Childhood Cancer Awareness month. He would absolutely, without a doubt recommend this donation.
Discussion/Concerns/Questions
None
Board Action
Mr. Swets called for a motion to Consider the annual donation to the Northwest Indiana Cancer Kids, NICK, in the amount of $1,000.
Mr. Pondinas made the motion to approve the annual donation to the Northwest Indiana Cancer Kids, NICK, in the amount of $1,000. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Board Action
Mr. Swets called for a motion to pay the Requests to Purchase and authorize the Clerk-Treasurer to pay the same.
Mr. Pondinas made the motion to pay the Requests to Purchase and authorize the Clerk-Treasurer to pay the same. Mr. Blazak seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Board Action
Mr. Blazak made a motion to approve the Bills for the Corporation totaling $2,527,246.65 and authorize the Clerk-Treasurer to pay the same. Mr. Aurelio seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Members present:
Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Also present:
Mr. Salatas, Town Manager; Mr. Westland, Attorney; Ms. Hernandez, Clerk-Treasurer
Rob Sues
9485 Calumet, SJ
Representing the St. John Corn Roast, Tri-Town Rotary and St. John/Dyer Chamber of Commerce.
He spoke about recognizing those that helped with the Scholarship fund through the Corn Roast. The committee is grateful for their help. A special thanks to Bob Davis, Gabe Hernandez, Tyler McLead, Wayne Pondinas, Chief Flores and the Stars – Raider and Match.
We appreciate the continuous support from the Town for the Corn Roast and the Scholarship money we were able to raise.
(Mr. Pondinas offered a special Thank You to Mr. Sues who has done this for 11 – 12 years.)
Dan Klein shared packets from the Shared Ethics Committee. A brief background was given. The Committee was formed in 2004. St. John has been involved since 2015 – 2016. Mr. Klein explained what was in the folder given to Town Council members.
Mr. Klein stated that St. John needed to appoint a private citizen and a Public Official to serve on the Committee.
Mr. Klein stated that Training is the most important thing they provide to member Towns.
Mr. Schilling clarified that they needed to appoint 2 individuals.
Mr. Swets stated they would take the information under advisement and bring it back at the next meeting, after they have had a chance to read through the information.
Mr. Salatas stated that they had 3 – 4 quotes that Jason requested and received. This one appears to be the one that fits best with the Town needs.
Mr. Dravet further explained that the Town has multiple social media accounts. This provides a service to archive any posting and the comments from any of the Town social media accounts. They are archived in case anyone requests a FOIA for any comments/postings on St. John social media pages. It was noted that they also have a brother component called “JustFOIA” which is basically a site where you can go to fill out forms electronically vs. paper and pen. This is completely optional and not a part of the current proposal. It is just something to think about in the future if you want to move in that direction.
Mr. Blazak asked if it was like a search engine. Mr. Dravet responded, no.
Mr. Swets stated does this protect us from FOIA requests by doing some of the work for us. All FOIA requests would go through this.
Mr. Dravet stated it would handle all requests and they could then be properly routed to the correct department.
Mr. Swets stated that the quote is for one-year at a cost of $4,788.
Mr. Westland stated it is not necessarily a protection from FOIA requests. As social media becomes more prevalent it is only a matter of time before there is litigation regarding something on social media.
It would certainly be a nice tool to go back and see the history of comments and not have to take time to subpoena information. Mr. Westland stated it is worth it.
Mr. Schilling commented we’d be archiving what the Town of St. John puts on the St. John Facebook page.
Mr. Dravet stated it would record every comment made by every single person posting to any Town social media platforms, those that we register with ArchiveSocial.
Mr. Aurelio asked if there was a multi-year contract at a reduced price?
Mr. Dravet stated this is just a trial run to get our feet wet. They do offer up to a three-year deal. Mr. Dravet stated the only time he would go into the system was if a FOIA we requested for information on social media accounts.
Board Action
Mr. Swets asked for a motion to approve 12-month agreement with ArchiveSocial to provide archiving services for Town social media accounts.
Mr. Aurelio made the motion to approve 12-month agreement with ArchiveSocial to provide archiving services for Town social media accounts. Mr. Blazak seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated he received the information from Chief LaDuke. Lake County passed a Resolution in 2019. Mr. Dravet has been acting as the liaison.
We need to formally adopt this resolution, as there are available grants attached to the Lake County Multi-Hazard Mitigation Plan. However, if we don’t have a resolution in place, we can’t apply for grants.
The grants are through the Department of Homeland Security. On any documentation we need to reference our own disaster plan and the Lake County Multi-Hazard Mitigation Plan.
Mr. Salatas recommends adopting the Resolution.
Discussion/Questions/Comments
None
Board Action
Mr. Swets called for a motion to Consider Resolution No. 2021-08-25, a resolution adopting the Lake County MultiHazard Mitigation Plan.
Mr. Schilling made a motion to adopt Consider Resolution No. 2021-08-25, a resolution adopting the Lake County MultiHazard Mitigation Plan. Mr. Aurelio seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated that this is done by the Town annually. Writing off uncollectible debts are generally the result of us billing Medicare/Medicaid. They pay out a set rate, anything over that they will not pay out. The Town then must write it off as bad debt. It is probably higher than what you are used to seeing. However, the Town raised their EMS fees; Medicare/Medicaid doesn’t really care, they only pay a set amount.
Discussion/Questions/Comments
None
Board Action
Mr. Swets called for a motion to Consider Resolution No. 2021-08-25A, a resolution declaring Uncollectible Bad Debt – St. John Ambulance Billing in the amount of $237,181.19
Mr. Schilling made a motion to adopt Consider Resolution No. 2021-08-25A, a resolution declaring Uncollectible Bad Debt – St. John Ambulance Billing in the amount of $237,181.19. Mr. Pondinas seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated that the Town is in the process of selling NIPSCO back some of their property along the bike trail. This Resolution authorizes Mr. Westland to execute the closing documents and those necessary to transfer property over to NIPSCO.
Mr. Westland agreed and stated he would get the documents and forward them to Mr. Salatas to go over, discuss and then sign-off on everything. The Title Company needs a yearly Resolution in their files for any property sold.
Mr. Blazak asked what kind of price was in the transaction.
Mr. Westland was not sure of the exact amount, but approximately $12,000 minus closing costs, probably a net profit $10,500.
Board Action
Mr. Swets asked for a motion to Consider Resolution No. 2021-08-25B, a resolution authorizing David D. Westland and the law firm Westland and Bennett, P.C. to execute documents related to the purchase or sale of real estate on behalf of the Town
Mr. Blazak made a motion to approve Resolution No. 2021-08-25B, a resolution authorizing David D. Westland and the law firm Westland and Bennett, P.C. to execute documents related to the purchase or sale of real estate on behalf of the Town and authorize the Town Manager to sign. Mr. Schilling seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated that bonuses were given to those employees that worked the July 4th, 2021 festival. Two employees were inadvertently missed, this gives them the same bonus as fellow employees. They will receive the $60 and the Clerk-Treasurer has listed on the form the fund from where the bonus is coming from.
Discussion/Questions/Comments
None
Board Action
Mr. Swets asked for a motion Consider Ordinance No. 1739, an ordinance amending Ordinance No. 1738 and 1720 to pay bonuses to Town employees who provide services for the Fireworks Celebration on July 3, 2021.
Mr. Pondinas made a motion to motion Consider, on first reading, Ordinance No. 1739, an ordinance amending Ordinance No. 1738 and 1720 to pay bonuses to Town employees who provide services for the Fireworks Celebration on July 3, 2021. Mr. Aurelio seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Swets asked for a motion adopt Ordinance No. 1739, an ordinance amending Ordinance No. 1738 and 1720 to pay bonuses to Town employees who provide services for the Fireworks Celebration on July 3, 2021.
Mr. Blazak made the motion to adopt Ordinance No. 1739, an ordinance amending Ordinance No. 1738 and 1720 to pay bonuses to Town employees who provide services for the Fireworks Celebration on July 3, 2021. Mr. Pondinas seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Salatas stated he has met with Building and Planning Director and Building Officials and they discussed some issues with some builders walking away from the escrow and not turning in their “As-Built’s”. They are also having the same issue with Commercial property owners, as well.
We’d like to encourage them to turn in the “As-Built’s” to Town, so we’d like to increase escrow amounts to help encourage them. This is not money the Town keeps. They do get this money back, unless they fail to complete what they are to complete. The Town wants the “As-Built’s” which are necessary for future reference and to make sure work is done accurately.
We’d like to increase as follows:
Residential from $1000 to $5000
Commercial from $2000 to $7000
Discussion/Questions/Comments
Mr. Schilling asked ultimately what does raising the escrow do? They must get occupancy before they get escrow. If the Town is giving them occupancy, they shouldn’t be if they have all these outstanding documents. Basically, why are we giving occupancy to builders not complying?
Mr. Pondinas added that’s because there is a backlog due to a lack of workers. Recently there was a backlog of 50 houses needing inspections. People are moving in and final inspections on things like grading may not have been done due to time of year, weather conditions. We need to do a better job of getting inspections done.
Mr. Swets stated a raised escrow fee may not be the answer. The solution is not to just raise the fee for the permit, we’ve got to figure out what is going on. The solution is how are we going to get these things inspected in time, so that we are not slowing up the contractors.
Mr. Pondinas suggested a meeting with the Building and Planning Director.
Discussion/Questions/Comments
None
Board Action
Mr. Swets asked for a motion Consider Ordinance No. 1740, an ordinance amending Ordinance No. 1719 authorizing an increase in the escrow fee for residential and commercial buildings and structures.
Mr. Schilling motioned to defer Consideration of Ordinance No. 1740, an ordinance amending Ordinance No. 1719 authorizing an increase in the escrow fee for residential and commercial buildings and structures. Mr. Aurelio seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion to defer carried unanimously
Mr. Salatas discussed this Ordinance at a recent Department Head Meeting. Ms. Hernandez brought it up. There has been some issue of clarification with how vacation is calculated and paid out. This will help to correct that.
Ms. Hernandez stated that this clears up two issues:
• The chart is cleared up regarding the breakdown of years to get vacation days.
• The wording has been cleared up, stating of you were to separate employment today, how you would be paid out. As an example – if you work for 3 months and then leave employment, your vacation pay-out will only be for the 3 months worked not for the entire year.
Discussion/Questions/Comments
None
Board Action
Mr. Swets called for a motion to Consider, on first reading, Ordinance No. 1741, an ordinance amending Ordinance No. 1696 establishing a Personnel Policy and Procedure Manual for Town employees.
Mr. Schilling seconded the motion to Consider, on first reading, Ordinance No. 1741, an ordinance amending Ordinance No. 1696 establishing a Personnel Policy and Procedure Manual for Town employees. Mr. Pondinas seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Mr. Swets called for a motion to Adopt Ordinance No. 1741, an ordinance amending Ordinance No. 1696 establishing a Personnel Policy and Procedure Manual for Town employees.
Mr. Aurelio made the motion to Adopt Ordinance No. 1741, an ordinance amending Ordinance No. 1696 establishing a Personnel Policy and Procedure Manual for Town employees. Mr. Blazak seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Ms. Hernandez commented that some employees were nervous that something was being taken away from them. This Ordinance is simply a clarification.
Mr. Westland stated this clarifies what the intent and historical practice has been. Basically, one person got creative based on her history with the county, this clears that problem up.
Mr. Salatas stated this should probably be deferred, as that would be his recommendation; but he would like some direction from the Town Council.
Mr. Salatas gave a brief background on current business licenses. A New License (from start to finish) takes about 2 ½ to 3 hours to complete. The current $25 fee does not necessarily cover the employee costs. In addition, there is an issue with the original ordinance having a violation place that had a range from $10 to $50/day for everyday a business owner did not review the business license. I don’t believe it is prudent that the Town leave a range open to staff interpretation. It leaves it open for interpreting however the staff person wants. So, setting a fee per day so there is no range and if there is a desire to raise the fee, are the areas we would like clarification on.
A discussion ensued regarding the need to raise fees vs just breaking even with the current fee. There is a need for additional and possibly yearly inspections which could have varying fees. We are lax in getting inspections done, that needs to be included in the Business License process. Is there a need for additional fees for subsequent years vs the initial Business License fee. There is no motivation to get the license if the fee is $10, we need to put some teeth in the process.
Discussion/Questions/Comments
None
Board Action
Mr. Swets called for a motion to Consider Ordinance No. 1742, an ordinance amending Ordinance No. 1083 establishing various fees and costs associated with the issuance of annual business licenses with the Town.
Mr. Schilling made a motion to defer Consideration of Ordinance No. 1742, an ordinance amending Ordinance No. 1083 establishing various fees and costs associated with the issuance of annual business licenses with the Town. Mr. Pondinas seconded the motion.
Discussion/Questions/Comments
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion to defer carried unanimously
Mr. Swets asked for a motion to approve the docket for the Payment of Bills for the Corporation totaling $1,607,975.42 and authorize the Clerk-Treasurer to pay the same.
Mr. Schilling made the motion to approve the docket for the Payment of Bills for the Corporation totaling $1,607,975.42 and authorize the Clerk-Treasurer to pay the same. Mr. Pondinas seconded the motion.
Discussion/Concerns/Questions
None
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Motion carried unanimously
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Also present: Beth Hernandez, Clerk-Treasurer; Chris Salatas, Town Manager; and David Westland, Town Attorney.
Department Heads present: Sergio Mendoza, Steve Flores, Robert Davis, Tyler McLead, and Jason Dravet. Kevin LaDuke in attendance via Zoom.
Absent: Michael Aurelio, Councilman
Mr. Pondinas started with special thanks to the Police and Fire for their response to the emergency at Lake Central.
Mr. Swets said that they will be reviewing the 2022 Budget and will be referencing the 5 Year Plan as well as the budget proposal. The intent for this meeting is to ask questions and make comments, so it could be discussed, and to create a path for action. The budget proposal will need to be reduced by about $600,000.
Mr. Swets asked everyone to follow along by page, and address any questions or comments, on any line items on the page. The department head responsible for the page of the budget could address any concerns.
Clerk-Treasurer
Town Council
Building Department
Fire Department
Police Department
Parks
Mr. Salatas pointed out that they had gone through the General Fund and have only identified $100,000 reduction in Building & Planning and may have added $20-90,000 on Police vehicles. Mr. Schilling suggested that the Police Department order 3 Ford Explorers, Fire Department, 1 and Building & Planning, 1 for a total of 5 vehicles at the government price.
Motor Vehicle Highway
Cumulative Fire
Parks & Recreation
Cumulative Capital
Cumulative Capital Development
Law Enforcement Continuing Education
PD Special Revenue
Cable TV Franchise Fees
Trash Operating
Riverboat Revenue
Park & Rec Capital
Public Safety LOIT
PD Asset Forfeiture
Mr. Pondinas stated that he wasn’t aware of this meeting. He added the office sent something out at about 4:30 p.m. yesterday, but he did not get any notification about it. Mr. Swets responded that Mr. Pondinas requested this meeting and it was mentioned 2 weeks ago at the Town Council meeting. Mr. Pondinas brought up the Park Department and that he asked Chris to add a line item for the Town to help pay for the maintenance of the trails. Mr. Pondinas added that those expenses fall under the Park Department and it’s a lot of money. Mr. Swets responded that everyone wanted trails and bike paths and those are the Park Department’s responsibility. Mr. Pondinas added that it is not all Park property. Mr. Swets explained that nothing was cut from the Parks budget and everything he asked for is approved. The Park Department needs to plan to connect the trails as a priority.
Mr. Salatas noted that they went through the entire budget and that they are still beyond their target. Mr. Swets said that everyone has the information to go over individually and collectively. They could then share their thoughts with Mr. Salatas.
The Council thanked the Department Heads for their time and efforts.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Town Council
Approved This 27nd Day of July, 2022:
___________________________________
Gerald Swets, Town Council President
Attest:
________________________________
Beth Hernandez, Clerk-Treasurer
Also Present: Chris Salatas, Town Manager; David Westland, Town Attorney; Beth Hernandez, Clerk-Treasurer
A quorum was attained.
• June 23, 2021 Regular Meeting
o These are the same minutes we had at our last meeting, none of the edits have been done. Mr. Pondinas stated he had the minutes. Mr. Swets pointed out that these were the same minutes with no changes made to them.
A motion to approve the June 23, 2021 minutes, as presented is requested. Mr. Blazak made the motion to approve and it was seconded by Mr. Aurelio.
Motion carried 3 – 2.
Roll Call Vote
Aye – Mr. Aurelio, Mr. Blazak, Mr. Swets
Nay – Mr. Pondinas, Mr. Schilling
a. Mr. Swets signed off on the Proclamation on September 22, 2021. The Proclamation was read in its entirety.
A motion to accept the Proclamation for Constitution Week is requested. Mr. Aurelio made the motion, seconded by Mr. Blazak.
Motion carried unanimously.
Roll Call Vote
Aye – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay - None
a. Mr. Swets read the Proclamation in entirety.
A motion to accept the Proclamation for Indiana Operation Lifesaver is requested. Mr. Blazak made the motion, seconded by Mr. Aurelio.
Motion carried unanimously.
Roll Call Vote
Aye – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Via email
Bill Purcell – 8649 Fairway Drive, St. John
Mr. Salatas summarized the email that was received, however, the email in its entirety will be memorialized into the record.
In summary, Mr. Purcell is concerned about the uptick in crime in Indiana that is coming primarily from Illinois. He feels measures need to be put in place to alleviate crime. He is suggesting a Motorola Mobile License Plate Reader for the Police Department. The unit would cost approximately $35,000.
Mr. Pondinas discussed that he spoke with Mr. Purcell and they have found that Motorola has a program where you buy one unit for $35,000 and Motorola gives you a second unit for free, the deadline for the program is December 4, 2021. Mr. Salatas stated that the Town already has use of stationary readers, but additional safety for the Town should be a priority. He is suggesting these in addition to the stationary readers. Mr. Blazak stated that he know several surrounding communities have license plate readers already. Chief Flores will be contacted for his input and any plans he may have.
Mr. Swets opened the floor to public comment.
Having no public comment, Mr. Swets closed the Public Hearing.
Mr. Salatas introduced the Fiscal Plan and stated that using the standard fiscal study – that has been used in prior annexations and which has been in use for quite some time – it is determined there was relatively minimal to no impact to the community with the annexation.
No questions or comments from the Board.
A motion to consider Ordinance No. 1743 on first reading only, is requested. Mr. Blazak made the motion, Mr. Aurelio seconded the motion.
Motion carried unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Note: Resolution adopting fiscal plan and adoption of annexation ordinance will be on the October 27m 2021 TC agenda.
Attorney Westland stated that the Proof of Publications is in order. Mr. Salatas thanked all those individuals and departments for their input into the 2022 Budget. Mr. Salatas gave a breakdown of items included in the 2022 Budget.
The budget allows for 3 additional employees; 1 each in Public Works, Building and 1 new Police Officer.
There is a million dollar match for the CCMG program, which is for road paving.
There are several 5-year plan items to be covered through the 2022 Budget:
A few corrections still need to be made, some of those were input errors in the Fire Department Budget. A few of these can be covered by grants if we are successful in obtaining them. This budget is approximately $24 million between appropriated and unappropriated funds. If the excess levy is successful the tax rate will go from .5871 to .5582, a .028 decline in taxes. This is attributed to the fact that we are growing faster than many of the surrounding communities, so out taxes are going down.
Ms. Hernandez stated to clarify and for the record, that any possible Fire Department changes were not due to input errors.
Mr. Swets opened the floor to public comment.
Having no public comment, Mr. Swets closed the Public Hearing.
No Public Comments
Closed to Public Comments
Questions/Comments from Board Members
Mr. Blazak commented on the aggressiveness of this budget, which we will monitor spending of money so that we hold the tax rate. Mr. Blazak further added that passing the Road Impact fees will have quite an impact in the next year or two. At the rate we are building new homes, if 500 new homes is realized there will be extra money for road improvements which is key to this budget, without costing anything to tax payers. We’ll be able to hopefully fund some good road changes. One of the changes we are possibly considering is a third lane down 93rd Avenue and helping to improve intersections. Mr. Schilling is currently working with the engineers on the US 41 and 93rd Avenue with some improvements. I think the citizens will be happy going forward into the future.
Mr. Aurelio added that he was satisfied and happy with the budget process and appreciated the collaboration amongst departments and department heads. His goal is to keep taxes low, and he believes this budget does that. He believes that this is a fiscally responsible budget and does not raise taxes.
Mr. Pondinas shared that he does not like parts of the 2022 budget, especially the removal of $500,000 out of the employee self-insurance. $100,000 of that money comes out of Sergio Mendoza’s budget and $10,000 from the Volunteer Fire Department. He also raised a concern about the possibility that we need to get additional funds, where they will be appropriated from. Mr. Pondinas can’t agree with taking it from the Insurance Fund. Additionally, Mr. Pondinas questioned the grant money that we lost, with paperwork not getting done. It could be $300,000 or $500,000. Those grant monies could play into this budget, as could the $500,000 that was removed from the Insurance Fund. Mr. Pondinas also suggested that the board should look closely and possibly lower the amount of money spend on legal, consulting and engineering fees; as those numbers are already high and over budget. Mr. Pondinas suggested that the Animal Control vehicle remain on-site as a means to watch financial spending.
Mr. Aurelio stated that being cautious in budget and subsequent spending is wise.
Mr. Pondinas stated that maybe curtailing spending in all departments should occur. Mr. Pondinas is also concerned about the fact that the meeting was held on Wednesday, and by Thursday morning at 11:30 a.m., it was passed. Mr. Swets explained he needed a number, with a 3 member yes vote to change the amount of money to be included in the Insurance Fund, under the self-insurance. A brief Insurance fund discussion ensued.
Ms. Hernandez explained that the numbers in the budget cannot be increased. But definitely we need to be cautious. She further explained that these is no budgeted average for insurance claims. Last year was the first year it was actually budgeted for. Mr. Pondinas stated that the budgeted amount for insurance went up. Ms. Hernandez stated that it was the last 6 months of 2020 with high claims.
Mr. Schilling had no additional comments.
Town Council Action – Motion to consider Ordinance No. 1744A on first reading only. Mr. Blazak made a motion to approve, Mr. Schilling seconded the motion.
Motion carried 4 – 1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Town Council Action - Motion to consider Ordinance No. 1744B on first reading only. Mr. Blazak made a motion to approve, Mr. Schilling seconded the motion.
Motion carried 4 – 1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Town Council Action - Motion to consider Ordinance No. 1744C on first reading only. Mr. Blazak made a motion to approve, Mr. Schilling seconded the motion.
Motion carried 4 – 1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Ms. Hernandez asked for a brief conversation to clarify the vote that just took place, as she feels there may be some misunderstanding. She explained that the intended motion for action is to get an additional $142,436 returned in taxes due to our growth rate, it is meant to maximize on that growth. Mr. Salatas stated that it would be a good idea to vote for the proposed appeals, as we could lose tax dollars. This is additional monies that we are going to receive. Attorney Westland stated the petitions need to be passed unanimously. Ms. Hernandez stated that there is a deadline to get these filed with the state. A unanimous vote is needed on this tonight.
Mr. Pondinas stated he would change his motion to Yes from No.
Attorney Westland explained what the exact wording of Mr. Pondinas’ motion needs to state. Attorney stated Mr. Pondinas is essentially asking for a revote on the issue. Further, announcing the vote, which Mr. Swets has done, causes Mr. Pondinas to be able to reconsider his vote.
Mr. Pondinas made a motion to Reconsider St. John Civil Town Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $142,436 on first reading, this is to approve on approve on the first reading. Mr. Aurelio seconded the motion.
Motion carried unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Town Council Action – Motion to consider St. John Sanitary Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $10,169 on first reading. Mr. Blazak made the motion, Mr. Aurelio seconded the motion.
Motion carried unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Town Council Action – Motion to consider St. John Water District Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $8,324 on first reading. Mr. Blazak made the motion, Mr. Aurelio seconded the motion.
Motion carried unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Town Council Action – Motion to approve St. John Civil Town Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $142,436. A motion to approve St. John Civil Town Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $142,436 was made by Mr. Blazak made the motion and seconded by Mr. Aurelio.
Motion approved unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Town Council Action – Motion to approve St. John Sanitary Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $10,169. A motion to approve St. John Sanitary Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $10,169 was made by Mr. Blazak made the motion and seconded by Mr. Aurelio.
Motion approved unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Town Council Action – Motion to approve St. John Water District Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $8,324. A motion to approve St. John Sanitary Petition to Appeal for an increase above the maximum levy for three-year growth in the amount of $8,324 was made by Mr. Blazak made the motion and seconded by Mr. Aurelio.
Motion approved unanimously.
Roll Call Vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Ms. Hernandez explained that this is a resolution that means a department can move funds from their department from one line to another.
No Questions or Comments.
A motion is requested to adopt Resolution No. 2021-09-22, a resolution for a Civil Town transfer of appropriations. Mr. Pondinas made a motion to adopt Resolution No. 2021-09-22, a resolution for a Civil Town transfer of appropriations, Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas stated the ordinance is being considered as drafted. The current ordinance asks for a petitioner interested in annexation to run a true fiscal study and determine what the impact on the town would be. Mr. Salatas stated the last one he could easily access was done in The Gates. This proposed ordinance is written allowing for discretion by the Town Council with parcels 3 acres or larger, to amend the acreage. Mr. Salatas stated that large annexations are simply not minimal or zero impact on a town. We need to know what those impacts are before we proceed.
Mr. Swets questioned the acreage being at 3 acres. Also allows the Town Manager to waive the Fiscal Study and proceed only with the shorter version of the Fiscal Study. This would be a service that is run by Baker & Tilly and would run in the $3500 range and be billed back to the petitioner. We don’t want to scare any potential one-to-three acre parcels away from being annexed. A better microscope needs to be put on some of the Fiscal Studies.
Mr. Pondinas shared that he thought the word “discretion” was not a good idea.
Mr. Aurelio shared that it is a strict measure that makes it harmful or costly to the town or the individual, consequently he feels discretion should be included.
There could be discretion to change it to Town Council from Town Manager. Oversight of the Town Manager is already granted to the Town Council.
Attorney Westland shared that it is a policy call not a legal call. He believes that if it is something that the Town Council is going to do, he would recommend having the discretion given to the Town Council at a Town Meeting. That way it is done in public and on the record; which could potentially alleviate lawsuits.
Discussion was held as to when to change the wording to Town Council from Town Manager. Attorney Westland stated this is first reading, approve it as it sits and then approve as amended on second motion at your next Town Council Meeting.
A motion to consider Ordinance 1745, an ordinance establishing the procedure for assessment of costs associated with a fiscal plan study for possible annexation. Mr. Blazak made the motion, seconded by Mr. Aurelio.
Motion carried unanimously.
Roll Call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas stated there is currently no mechanism to invite and then charge a small fee to potential vendors. This is meant for Special Events or Open Houses held in Town. This would have to effect on the current Farmer’s Market. This ordinance creates a fee structure of $50 for a ½ day event, $100 for a full-day event and $100/day for multiple events. There is always a cost to the Town for advertising, set-up for the event, and utility expenses. The discretion to waive the fees is given to the Town Manager or Town Council. There is a license agreement that is open-ended. It would also need to be notarized.
Attorney Westland asked if it meant “Either or, or Both”. Mr. Swets responded “Either or”. Attorney Westland is of the same thought that discretion should be given to the Town Council to present at a Town Council meeting to be put in the record. It was further stated that the license agreement provides a liability shield for the Town. If a vendor causes injury to person or property as a result of their use of town property, it requires that they hold the Town harmless. They would have to pay for the Town’s defense. Only for events that the Town is sponsoring. After discussion around the term discretion. It was decided that there is no fee without this ordinance. The discretion also with the way it reads is given to Town Manager or Town Council OR Town Manager AND Town Council.
Mr. J. Boersma (no address shared) stated he has not heard of a Town Council setting a fee for vendors, in his experience with his organization – the organization sets the fee for vendors.
A motion is requested to Consider Ordinance No. 1746, an ordinance establishing vendor fees and adopting vendor agreement. Mr. Blazak made the motion to consider Ordinance No. 1746, Mr. Aurelio seconded the motion.
Motion carried 4 – 1
Roll Call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Attorney Westland explained this is a partial settlement with a fair market value of $1.28 Million. There were 7 different appraisals over 7 ½ years of litigation. This market value is the median of all 7 appraisals.
Attorney Westland was thanked for a job well done by the Board.
A motion to consider the Settlement Agreement with the Guzzos was made by Mr. Blazak and seconded by Mr. Pondinas.
Motion Carried unanimously.
Roll Call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Mr. Salatas explained that the process is for engineering firms to put out RFPs, with a date submitted by October 4, 2021. This committee would score proposals from the engineering firms. INDOT would also do their own scoring for an engineer to run the project. The engineering firm with the highest score is selected and then adopted by the Town Council to run the length of the project.
Mr. Blazak asked Mr. Salatas to give an overview of the project. Mr. Salatas stated that the project is an extension of Cline Avenue not currently extended out. There are plans for Roundabouts at either end. Using GIS there is already a right of way that is already dedicated for the project that has been planned for some time. It is considered a “Legacy Project”. It would be a nice thoroughfare for the Town. According to the last Town Manager’s notes there will be a bridge over some wetland and a multi-use path as part of the project. There is also a span of a pipeline at the southern end of the project. There are very few pieces of land that need to be acquired.
The First phase is an environmental document that needs to be completed with the expenditure of any federal grants.
Mr. Blazak added that this is a “Legacy Project” so it gives us a step up, getting federal first to work on the project.
Mr. Blazak was asked for his recommendation for members of the committee. He stated they were all qualified and they are staff members. None of the Town Council members are qualified to score a federal project.
Mr. Blazak shared his recommendations. Mr. Blazak said all these staff members have the necessary experience and knowledge of the engineering firms that could possibly submit proposals.
Mr. Salatas, Town Manager with experience for his time with the Town of Lowell.
John Gill, Building Director and Sergio Mendoza, Planning Director.
Questions/Comments
Mr. Pondinas asked where the money was coming from for the project and when will it be completed.
Mr. Blazak stated this is a government project, so there is really no clue as to when the money for the project will come. The project is already estimated to be in the vicinity of $8,000,0000-$10,000,000, with a 80% pay by the government and a 20% match by the Town. Mr. Pondinas interjected that with Mr. Schilling working on the US41 and 93rd Avenue project that project is estimated to be $7,000,000 - $8,000,000, so we have to look at that also.
Mr. Blazak continued that this project is most likely a 2024-2025 project. There is already an allowance of $570,000 for engineering for NIRPC.
Mr. Pondinas also questioned the wetland in the area. Mr. Blazak stated that a bridge was being put over that wetlands and that it was already included in the $10,000,000.
Mr. Salatas stated that the 1st Phase is the required Environmental study, slated for 2024 – 2025 money. At this point and in the future we don’t know if the 2nd Phase would be approved for 2025-2026, that’s how Federal grants work.
A motion is requested to select a Scoring Committee (Chris Salatas, John Gill and Sergio Mendoza) for the NIRPC Cline Avenue Extension Project Request for Proposal. Mr. Blazak made the motion to select a Scoring Committee for the NIRPC Cline Avenue Extension Project. Mr. Schilling seconded the motion.
Motion carried 4 – 1
Roll call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Mr. Swets asked Mr. Pondinas if he was interested in being on the Commission. Mr. Pondinas stated due to the commitment he made while campaigning, he would have to say, “No.” Mr. Pondinas thanked Mr. Swets and suggested that he would prefer someone other than a Board member.
Mr. Salatas stated according to previous information from Dan Kline, the position has to be filled by a Town Council member and a private citizen.
Discussion ensued as to the meaning of Public official for the Commission.
A motion to defer the appointment of a council member to the Shared Ethics Advisory Commission and discussion of a resident member. Mr. Blazak made the motion to defer, Mr. Aurelio seconded the motion.
Motion to defer unanimously,
Roll Call vote.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Blazak stated that this is the second ½ of the original donation. We usually pay in one lump sum. The $12,500 would put us even with Schererville and their donation of $27,500. Dyer contributes, due to smaller size, $15,000.
Discussion was held regarding lowering the Town’s contribution to $2500 to match the $15,000 given to the Tri-Town Safety Village by Dyer.
Mr. Swets asked Mr. Pondinas if he wanted to make a motion to contribute $2500 to Tri-Town Safety Village. Mr. Pondinas made the motion to contribute $2500 to the Tri-Town Safety Village, Mr. Schilling seconded the motion.
Motion failed.
Roll Call Vote
Ayes – Mr. Pondinas, Mr. Schilling
Nays – Mr. Aurelio, Mr. Blazek, Mr. Swets
Mr. Swets called for the original motion to consider a donation to Tri-Town Safety Village in the amount of $12,500. Mr. Blazak made the motion to authorize the donation of $12,500 to Tri-Town Safety Village, Mr. Aurelio seconded the motion.
Motion carried 4 - 1
Roll Call vote.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Mr. Aurelio made a final comment that they (the council) agreed to pay this second half amount. Mr. Aurelio stated you can’t negotiate after the fact. We can renegotiate in the future, but not this time. Mr. Blazak agreed with Mr. Aurelio.
Ms. Hernandez has submitted Requests to Pay in the amount of $273,442.57.
A motion to approve the Requests to Purchase as submitted by the Clerk-Treasurer and authorize her to pay the same. Mr. Blazak made the motion to pay the Requests to pay in the amount of $273,442.57, Mr. Pondinas seconded the motion.
Motion carried unanimously.
Roll Call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Ms. Hernandez has submitted bills to be paid totaling $3,640,136.17.
A motion to pay bills as submitted in the amount of $3,640,136.17 was made by Mr. Blazek and seconded by Mr. Pondinas.
Motion carried unanimously.
Roll Call vote
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Members Present:
Michael Aurelio, Bryan Blazak, Wayne Pondinas, Michael Schilling, Vice President; Gerald Swets, President
A quorum was attained.
Also Present:
Chris Salatas, Town Manager; David Westland, Attorney; Beth Hernandez, Clerk-Treasurer
Ms. Hernandez read two emails that were submitted for Public Comment.
Via email
Pete Gibson
8850 Verbena Drive, St. John
Mr. Gibson is concerned about and opposed to the proposed commercial business located on Snowberry Lane. There is a concern about safety traffic, noise and a reduction in property value. A suggestion was made to possibly consider looking into placing it in the business corridor. Most neighbors are concerned that the tranquility and property value will be diminished if this special-use is granted. This owner who has a history of domestic violence which I believe means that you cannot obtain a license in the State of Indiana.
Via email
Patricia Tonkovich
9904 Olcott Avenue, St. John
At the September 27th Town Council Meeting, a $12,500 donation was submitted to the Tri-Town Safety Village to complete the $27,500 donation from the Toon of St. John. The question is that it is a large donation, in comparison to Dyer that has submitted only $15,000. Ms. Tonkovich is looking for a name to contact at the Safety Village whether it’s a contact in St. John or in Dyer.
Mr. Pondinas shared a concern from a resident, stating that he wanted something that he submits to the Council for public comment, to be read in full versus summarizing it.
Amy Schultz
13131 Snowberry Lane, St. John
Amy is speaking for a group of neighbors from Snowberry Lane opposing the proposed Commercial Business to be located on Snowberry Lane; they have in the past attended the BZA meetings and also showed their opposition. She has stated this is not an in-home daycare as it will be functional only from 6 in the morning until 6:30 at night and vacant the rest of the time, as the owners actually live on Knickerbocker Lane. She and the other neighbors have listened to the standards discussed by the BZA, which states does the Special Use variance endanger the health, safety, welfare or impede the normal use of the surrounding properties? This residents in attendance and others believe that this will happen through the following: increased noise, overcrowding at the parks which means residents living on Snowberry Lane will not get to use the park fully, there will be increased wear-and-tear on the park which means increased cost to the town incurred from this business. The traffic in and out, over Schilton Drive which is already in disrepair would become worse and detrimental to the neighborhood. The residents believe it is materially detrimental and substantially adverse to the surrounding property owners as they could see a decrease in property value in the future. They have also researched the owner who has a history of domestic violence which they believe means that you cannot obtain a license in the state of Indiana. Finally, they know the current owner lives elsewhere on Knickerbocker and suggest that they open a business in their current residence. This group of residents is looking for the Special Use request to be denied.
Cecilia Shirely
13191 Snowberry Lane, St. John
Resides directly across from the proposed daycare on Snowberry Lane.
There are several children in the neighborhood with special needs. She believes that this change would be disruptive. The current owners have moved out of the neighborhood and now live on Knickerbocker. There has been an influx of small children into the neighborhood. The suggestion was to purchase a building on US 41 in the business corridor.
Gary Chick
13130 Snowberry Lane, St. John
The neighborhood has also had an influx of new families. The owner has done nothing to his home in the last 15 years and he believes that that pattern will not change with this new request. He is requesting that the Special Use Request be denied.
Mary Morsovillo
13160 Snowberry Lane, St. John
The neighborhood is very quiet; the park is used daily by those children that currently live in the neighborhood. There will be an impact if a business is allowed to bring in more children. She also feels that the noise and traffic would impede the sale of homes in the future.
Mr. Swets closed the floor to public comment.
Attorney Westland stated the proofs of publications are in order and comply with Indiana Code. Mr. Salatas stated that there are currently line items lacking in funds due to projects throughout the year, in addition a couple have no money budgeted for them so it is balancing for this line items and anticipated spending.
Ms. Beth Hernandez, no comment.
No public comment.
Board Comments and Action
Mr. Pondinas stated this is probably close to a million dollars, and we probably should have budgeted better. He questioned if the grant money from last year that we have to repay is part of this.
Mr. Salatas stated it is not. In addition, he also has an invoice from the 2019 CCMG money that we will need to pay back. For this two invoices, the total amount due is $398,304.81. We will most likely have to make an additional appropriation at the next meeting.
Mr. Salatas also added that not included in this amount is what he’s calling a “gift” from 2017. At that time, the Town entered into an agreement with Lake County Highway Department and with Illiana Christian High School for one-third of the stop light cost at the corner of 109th and Calumet, estimated installation was in 2018, that amount totals $156,888.62.
Mr. Pondinas also shared a concern about the $500,000 that had been previously removed from the health insurance that is now being replaced with $250,000. The concern is that we need to look closer at what is actually needed in the budget. Mr. Pondinas stated we need to be better stewards of the Town’s money.
Mr. Salatas stated that there is also close to another $300,000 for engineering and legal spending and a multitude of other line items. Mr. Salatas stated that he agreed with Mr. Pondinas, that the town does need to do a better job budgeting for its expenses.
A motion is requested to approve Resolution No. 2021-10-27, approving and authorizing additional appropriations for fiscal year 2021. Mr. Aurelio made the motion, seconded by Mr. Schilling.
Motion carried 4-1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
A motion is requested to approve Ordinance 1744A – Town Council Budget. Mr. Schilling made a motion to approve and Mr. Blazak seconded the motion.
Motion carried 4-1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nay – Mr. Pondinas
A motion is requested to approve Ordinance 1774B – Sanitary District Budget. Mr. Schilling made the motion to approve and Mr. Aurelio seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
A motion is requested to approve Ordinance 1774C – Water Department Budget. Mr. Aurelio made the motion to approve and Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Mr. Salatas stated that he believes there was a failure in the sub-grade needing additional work. Project Manager Matt Miniel with Haas and Associates explained the change order needs. These change orders are for the CCMG 2021 Work Change Directives No. 1 & 2. This was for the milling operation on Judith, Leonardo and Heather Streets. The issue was sub-base failure, but was circumvented by milling and an additional 2-3” across specific areas of the road; this has happened twice. We have milled out additional paving and replaced it with 4 inches of asphalt instead of the 2-2 ½ inches. Additionally, there were two small areas that need to be milled out at the corners of Judith and Leonardo and at Heather and Leonardo that was Work Change No. 2. Another two sections had to milled out to and replaced with 4 inches instead of 2 ½ inches of paving. Additionally, in this change order is the additional of $355 for an ADA compliant grate at the corner of Primrose and Goldenrod as the existing structure in the grate was not ADA-compliant. The $17,107.27 is a complete final cost with a pay request today to go with the one that has already been submitted. There will also be a third change order with a zero balance just showing the pluses and the minuses throughout the bid items which is required by the INDOT purchase order closeout documentation. The Board had no additional questions or comments. Mr. Salatas stated everything was in appropriate order for the changes.
A motion is requested to approve Change Order No.2 for Haas & Associates for the 2021 Community Crossing Road Improvement Project, an increase of $17,107.27 and the Town Manager to sign it. Mr. Blazak made the motion to approve and Mr. Pondinas seconded the motion.
Motion carried unanimously.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Mr. Salatas stated that Chip from Olthof Homes has explained the proposed project in that area. If the annexation goes through, they will purchase the property. This is the first reading of the resolution tonight. The ordinance was at out last meeting. Today we are seeking approval for this resolution.
Mr. Pondinas questioned the description of the property. It was stated that there were no services in the area. He would like to know if that means there will not be a park. Mr. Salatas stated that it was a function of the Plan Commission to decide, and that it is currently in the Study Session; as Parks were not to be negatively impacted in the development. There is a proposed park in the plan that the HOA would maintain. Mr. Pondinas had no further questions.
A motion is requested to approve Resolution No. 2021-10-27A, a resolution adopting the fiscal plan for the Fullgraf Annexation. Mr. Blazak made the motion to approve and Mr. Schilling seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – none
Mr. Salatas stated the Public Hearing was held in September.
The Board had no additional questions or comments.
A motion is requested to approve Ordinance No. 1743, an ordinance annexing certain real property commonly known as 12811 W. 109th Avenue, Dyer, Indiana. Mr. Blazak made the motion to approve and Mr. Schilling seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – none
Town Manager Salatas stated there was a favorable recommendation from the BZA with the contingency that appropriate signage be installed at the intersection. Mr. Salatas stated that the stop sign, as of 3:00 p.m., today, has been erected on Earl Drive. Now a Resolution will need to be put in place to make that a regulated intersection. Mr. Pondinas would like to thank the Public Works, Police and Fire Departments for their efforts and support in helping to erect the signage.
Attorney Westland indicated that there was a concern about procedural issues with this matter and the matter that follows it on tonight’s agenda.
Attorney Westland stated that Indiana Code 3674918.6 when granting a Use Variance there are specifics, and those specifics are not in their entirety for the Town Council’s use tonight. The BZA has to have a complete record of their proceedings in a packet submitted to the Town Council before a vote can be taken on a Special Use Variance. The package should contain complete minutes of the Public Hearing, the application, the Findings of Fact, and a formal certification that the information is complete. Attorney Westland stated that at this time the packet appears to be incomplete, the minutes are not included, and all you have actually are the Findings of Fact and a letter from Sergio stating that the Public Hearing did take place. Steve Scott, speaking on behalf of the owner, stated he was at the September BZA meeting, and everything at that time was positive for the batting cages to be installed, as everything was in order.
Again, Attorney Westland stated statutory procedure has not been followed at this time. He would recommend putting it on next month’s agenda. For that meeting you will definitely need the minutes and Mr. Mendoza’s certification that everything is properly completed. Then at that time, the Council could take a vote.
Amy Schultz questioned what that meant for all of those that showed up tonight. She asked if they had to come back to the next meeting.
Attorney Westland responded that one of the purposes of the statutory procedure is so remonstrators can show up at the BZA meeting, but then do not have to show up at the Town Council meeting to present their objections again. A comment was made that it is the desire of the Town Council to get the meeting minutes up-to-date.
Mr. Schilling suggested that a Special Meeting be held to get this process completed as we are holding up projects. Mr. Schilling suggested that we need to get the minutes done to complete this process.
Attorney Westland made a recommendation that a motion be made to defer the vote tonight, even though there are other alternatives, the most appropriate choice would be to defer the vote tonight.
The owner of the batting cage facility spoke and stated that with Town’s lack of meeting minutes it was hold his project up another month, and he would be lucky to have his business open by January.
The Board stated that they would hold a Special Meeting to expedite these matters.
A motion is requested to defer granting a Use Variance to allow batting cages in the US 41 Overlay District at 11101 W. 97th Lane. Mr. Pondinas made the motion to approve and Mr. Blazak seconded the motion.
Motion to defer approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
[Unfavorable recommendation from the Zoning Board of Appeals]
Attorney Westland spoke to the board regarding the wording on the agenda for the childcare facility. He explained the use of the proper wording which, in this case, should be considered a special exception and not a use variance. The procedures are the same, however the wording needs to be appropriate, and in this case the wording needs to be changed to consider granting a Special Exception to allow a child care facility. Mr. Swets thanked those in attendance for their comments during the board meeting, and told them that the comments would be included in the record. There was no need to return for the Special Meeting, unless they chose to do so. Amy Schulz, 13131 Snowberry Lane, St. John, spoke to the Board again about qualifications for court reporters and if the Board was interested in expediting the process of getting the appropriate minutes into their packets, she know of individuals that might be interested in the job.
Mr. Salatas told her to have those individuals contact him in the Town Manager’s office.
A motion is requested to defer granting a Special Use to allow a child care facility at 13190 Snowberry Lane. Mr. Blazak made the motion to defer and Mr. Pondinas seconded the motion.
Motion to defer approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Mr. Salatas stated the ordinance grants sole discretion to the Town Council to waive the assessed fee for the fiscal study.
Mr. Pondinas commented that he does not like the work discretion. Discussion was held regarding the study using different acreages. Mr. Salatas pointed to the bottom of the ordinance page i. indicating that there was some background information there that might be helpful. Attorney Westland stated he understood Mr. Pondinas was looking for a bright-line test. After further discussion, it was stated that it does need to be more of a policy based-decision because there are many ways that the ordinance could be interpreted. Mr. Aurelio stated he believed that some flexibility was needed in the ordinance to allow for components we have not thought of. Mr. Swets wanted to know the cost of a study for fiscal study for potential annexation. Mr. Salatas and Attorney Westland agreed that depending on the components of a proposal it could range anywhere from $3,500 to $5,000. Mr. Aurelio commented that not giving flexibility could possibly cause the loss of a project within St. John.
A motion is requested to adopt Ordinance 1745, an ordinance establishing the procedure for assessment of costs associated with a fiscal plan study for potential annexation. Mr. Aurelio made the motion to adopt as amended and Mr. Schilling seconded the motion.
Motion adopted 4-1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nay – Mr. Pondinas
Mr. Salatas stated this would be an ordinance to adopt. The amended ordinance states that it reserves the right to the Town Council to waive the fee both in the ordinance and on the draft agreement.
Mr. Pondinas stated again the word discretion is a concern. He asked why the exclusions, with the fee, cannot be included ahead of time.
Attorney Westland stated you could possibly categorize organizations differently, the easiest way to decide was to categorize organizations differently, possibly for-profit versus not-for-profit, when deciding to waive or not waive the fees. Mr. Swets gave the example that if the Fire Department is having a fundraiser, and planned far enough in advance, they could ask the Town Council to waive the fees for its vendors. Mr. Swets stated with this ordinance we would now have the ability to do that.
A motion is requested to adopt or deny as amended Ordinance No. 1746, an ordinance establishing vendor fees and adopting vendor agreement. Mr. Schilling made the motion to adopt the ordinance as amended and Mr. Blazak seconded the motion.
Motion adopted 4-1.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nay – Mr. Pondinas
Mr. Salatas stated that the Impact Fee Review Board has met regarding the Road Impact Fees. They have approved the created documents for those fees. There are three documents: the Manual, the Forms (Credit, Appeal and Application) and the ITE which is a spreadsheet of the Land Uses and calculations.
Mr. Pondinas stated that there was no document attached, and asked how he could approve of he’s not seen the document.
Mr. Salatas stated that he believes that it was sent out digitally and is included in the signature copies.
Mr. Swets asked if there was an urgency to approve the resolution tonight. Mr. Salatas stated, no, you could defer of you choose to do so.
A motion to consider deferring Resolution No. 2021- 10- 27B, a resolution approving the Road Impact Fee documents. Mr. Schilling made the motion to defer Resolution No. 2021-10-27B and Mr. Blazak seconded the motion.
Motion to defer approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Mr. Salatas requested that the Town join Sourcewell, with no cost to the Town. He is requesting to join mainly for the purpose of purchasing a street sweeper. Sourcewell is an agency that is widely used by government agencies across the nation. Sourcewell is an open, transparent system that offers a pre-bid system approved by the State of Indiana for purchases by individual towns. Mr. Pondinas stated this then takes out all the haggling with prices when purchasing items for the town.
Attorney Westland agreed it is a great Cooperative Purchasing Agency.
A motion to consider Resolution 2021-10-27 C, a resolution allowing the Town to join Sourcewell. Mr. Blazak made a motion to approve. Mr. Schilling seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Mr. Salatas stated that this charger was the one that was to be sold to an Illinois Community; that deal has since fallen through.
A motion is requested to consider approving the Police Department’s 2021 Dodge Charger to be placed on the State of Indiana auction site. A motion to approve was made by Mr. Schilling and seconded by Mr. Blazak.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
Clerk-Treasurer Hernandez presented 11 RTPs for payment totaling $124,127.38
Mr. Swets called for a motion to approve and authorize to pay the same 11 Requests to Purchase as submitted by Clerk-Treasurer Hernandez. Mr. Blazak made the motion to approve and Mr. Pondinas seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Bills payable were submitted in an amount totaling $1,565,280.14.
Mr. Swets called for a motion to pay the bills totaling $1,565,280.14. Mr. Blazak made the motion to pay the bills totaling $1,565,280.14 and Mr. Aurelio seconded the motion.
Motion passed unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Members Present:
Councilmen: Michael Aurelio, Bryan Blazak, Wayne Pondinas, Michael Schilling, Vice President; Gerald Swets, President. A quorum was attained.
Also Present:
Chris Salatas, Town Manager
Amy Schultz
13131 Snowberry Lane, St. John
Ms. Schultz thanked the Board for bringing the proposed commercial business on Snowberry Lane back so quickly. There is concern, and as a neighborhood they want to see the process through to the end. They are hoping for due consideration of all the comments and emails that were shared with the Town Council. As a reminder this comes with an Unfavorable Recommendation from the BZA, there have been numerous emails and public comments in opposition of the proposed day care on Snowberry Lane. Not one person has come forward in support of this proposed business. We are united in our opposition of this proposed day care business. We are asking that the Board vote to deny this Special Exception and keep the peace and tranquility in the neighborhood intact.
No additional Public Comment.
Floor closed to Public Comment.
Mr. Salatas stated Matt Miniel is here, virtually, if anyone has any questions of concerns.
No additional questions or concerns
A motion is requested to approve Change Order No. 3 from Haas & Associates for the 2021 Community Crossing Road Improvement Project, an increase of $33,513.02. Mr. Blazak made the motion to approve the motion and authorize the Town President to sign. Mr. Aurelio seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay - None
No additional questions or comments.
A motion is requested to approve Haas & Associates’ Pay Request No. 3 to pay Rieth-Riley Construction’s Final Pay and Release of Retainer Invoice for work completed on the 2021 Community Crossing Road Improvement Project in the amount of $152,066.92. A motion was made by Mr. Schilling and seconded by Mr. Pondinas.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay - None
Matt Miniel gave the final closing numbers for the project. The contract was 3% above the base contract amount. The base contract was $1,333,190.81 with the approval of Change Order No. 3 the final cost total is $1,366,703.83. Mr. Blazak asked when the project would be eligible for final State approval. Matt Miniel stated he has given all the necessary documentation to Mr. Salatas. He has stated that the documentation is all in place, including cost estimates and pay requests. The final packet is just waiting for the canceled check in the final amount of $152,066.92. He gave the estimated timeline from INDOT as being January/February 2022 for the call submission application for the Town of St. John.
No additional question or comments.
A motion is requested to consider the Certificate of Final Completion, Approval and Acceptance of Work for the 2021 Community Crossing Road Improvement Project. Mr. Blazak made the motion authorizing the Town Council President to sign the certificate. Mr. Schilling seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
[Favorable recommendation from the Board of Zoning Appeals with the contingencies of Council review and consideration for traffic safety and control.]
Mr. Salatas stated that the BZA had a meeting 15 minutes before the Special Meeting tonight, so everything is in order. The minutes have been approved by the BZA.
A motion is needed to grant a Use Variance to allow batting cages in the US 41 Overlay District at 11101 W. 97th Lane. Mr. Schilling made the motion to grant the use variance and Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – none
[Unfavorable recommendation from the Board of Zoning Appeals.]
Mr. Salatas stated that we are in possession of the minutes from the previous BZA meeting and this comes with an Unfavorable Recommendation from the BZA.
No additional questions or comments.
A motion is requested granting a Special Exception to allow a childcare facility at 13190 Snowberry Lane. Mr. Schilling made a motion to deny granting a Special Exception for a childcare facility at 13190 Snowberry Lane. Mr. Aurelio seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nay – None
There are 5 Requests to Purchase, totaling $88,873.62.
No question or comments.
A motion is requested to authorize the Clerk-Treasurer to pay the 5 RTSs in the amount of $88,873.62. Mr. Schilling made the motion and Mr. Pondinas seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Members present:
Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Also present:
Dave Westland, Attorney; Beth Hernandez, Clerk-Treasurer
Absent:
Chris Salatas, Town Manager
Mr. Swets introduced State Representative Mike Aylesworth who spoke briefly on the past House Session minutes. Followed by Representative Hal Slager who spoke briefly on the General Fund Appropriations for the Fiscal Year 2022/2023.
Mr. Swets stated there were several sets of minutes needing approval. Meeting Minutes for July 28, 2021, August 25, 2021, September 8, 2021 and September 22, 2021, are here, but no one has had a chance to review yet. The minutes that were received were done by the Clerk-Treasurer’s office and are not yet listed on the agenda. Mr. Swets thanked the Clerk-Treasurer’s office for helping to catch the Town Council up on minutes.
Mr. Swets asked for a motion to defer the meeting Minutes of July 28, August 25, September 8 and September 22, 2021. Mr. Blazak made the motion to defer and it was seconded by Mr. Aurelio.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Swets asked for approval for the October 27, 2021 Meeting Minutes. Mr. Pondinas asked for a correction under Reports and Correspondence – it should state AUSTIN ELECTRIC spoke regarding the valves for Pump 3, 4 and 5. Mr. Swets asked for a motion to approve the meeting minutes of October 27, 2021, as corrected. Mr. Blazak made the motion to approve, as corrected and Mr. Schilling seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Swets asked for a motion to approve the September 8, 2021 Special Meeting Minutes. Mr. Schilling made a motion to approve the September 8, 2021 Special Meeting Minutes, seconded by Mr. Blazak.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays - none
Terry Neliman, 9500 W. 103rd Place,
Spoke regarding an issue with the Gates of St. John HOA and Lennar Homes. Background was provided by Mr. Neliman. An appointment was made by Lennar Homes with Mr. Neliman, pictures and videos were taken by a photographer and narrated by Mr. Neliman and the photographer. They received a document in return from Lennar that they are in litigation regarding all the pictures and the narrated videos that were taken of the structural issues with homes in The Gates of St. John. He has not sought out an attorney, he will continue to speak out to get our homes fixed. He would like to know where the litigation is coming from, but the Federal authorities have got to be in here. He believes this type of action by The Gates of St. John HOA involving the Lottons has been nothing but intimidation by litigation. Documents have been provided to the Board at Mr. Aurelio’s request. Mr. Neliman share the homes, not all of them, are structurally dangerous. Mr. Neliman had one question for the town attorney and outside federal agencies, “who knew what, when, where and why?”
Via email
Johnny Boersma, 11930 W. 103rd Court, St. John
He shared his concern regarding the Fire Department staffing needs and raises for fire fighters. He believes that the Fire Department could benefit from 3 more full time employees. He is also interested in the Town’s lack of fire territory which would give control of specific funds to the Fire Department and not be under the control of the Town. Surrounding areas have fire territories that work well and they make sense. He is also concerned about the staffing of the Police Department, which also operates at the lowest required staffing. He stated that the Town has been allowed to grow at a rapid rate, but the resident’s first line of defense has not grown with it. These two departments are vital to the town and its citizens. He hopes that the need never arises and that the town is prepared on what could be the worst day of someone’s life. He shared his belief that the Fire and Police Departments are more important than proposed Row Housing.
Mr. Bouvat, 9291 W. 103rd Place, St. John
Mr. Bouvat stated as the Park Board President he was speaking collectively and unanimously on behalf of the Park Board. The Park Board wished to thank the Town Council for assigning Mr. Wayne Pondinas to be the Park Board Liaison. Mr. Bouvat shared, for the Park Board, the passion that they have seen from Mr. Pondinas during his work as the Park Board liaison. They are hoping that the Town Council will allow Mr. Pondinas to remain as the liaison for 2022.
Mr. Westland stated that the proofs of publication are in order and comply with Indiana Code. Ms. Hernandez stated that there are two (2) additional appropriations for approval.
A. $16,715 from a one-time special distribution received in 2016, as part of a match for the CCMG project. There were 2 change orders totaling $26,421.89 and this additional appropriation will allow us to make our match.
B. $20,000 – from out Restricted Funds which must be spent on Road Maintenance. We have to spend 100% of the funds in the year they were awarded and this approximately $20,000 will allow us to do that.
Mr. Swets opened the floor to Public Comment.
No Public Comment.
Mr. Swets closed the floor to Public Comment.
Town Council was asked for any question and/or comments.
No Town Council questions and/or comments.
Mr. Swets thanked State Representative Slager for the work the state provides that allows us to get matching funds to do some of our road repairs. Mr. Swets encouraged Mr. Slager to keep that program coming.
Mr. Swets asked for a motion to consider adopting Resolution No. 2021-11-23, a resolution approving and authorizing additional appropriations for the fiscal year 2021. Mr. Blazak made the motion to approve Resolution No. 2021-11-23, a resolution approving and authorizing additional appropriations for the fiscal year 2021, the motion was seconded by Mr. Aurelio.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets.
Nays - none
Mr. Swets shared there were no minutes for the group as the BZA meeting had just recently concluded. Mr. Westland agreed that once the minutes are approved the action is deemed certified by the BZA, then it can proceed and be placed on the Town Council Agenda. He further discussed that the packet is not complete until the minutes of the meeting have been approved. He shared it probably did not need to appear on the Town Council Agenda and no action can be taken until the council has the complete packet, which include the meeting minutes.
Mr. Pondinas had a question about the special exception and Mr. Westland stated that the information may be in the meeting minutes and probably at this time it would be a good idea to wait for the packet. If the information is not in the minutes, it certainly is a legitimate question that could be asked at that time.
Mr. Swets asked for a motion to defer granting a Special Exception to allow an accessory use/building (open memorial pavilion) within a C-1 Zone (General Commercial District) at 9615 Keilman Street. Mr. Blazak made a motion to defer granting a Special Exception to allow an accessory use/building (open memorial pavilion) within a C-1 Zone (General Commercial District) at 9615 Keilman Street and Mr. Schilling seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Westland stated this was deferred from the last meeting so the Town Council would have time to review the information.
Mr. Swets asked for a motion to approve Resolution No. 2021-10-27B, a resolution approving the Road Impact Fee documents. Mr. Blazak made the motion to approve Resolution No. 2021-10-27B, a resolution approving the Road Impact Fee documents, the motion was seconded by Mr. Aurelio.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Westland had not additional information. Mr. Swets shared that this was to modify or make the plan current. It is required every 2 (two) years.
Mr. Schilling made a motion to Consider a Service Agreement with First Group Engineering to provide engineering services for FGE Project 21-0049, Pavement Rating and Asset Management Plan and authorize the Town Council President to sign, Mr. Blazak seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Swets clarified that Clifford Wroe provides communication parts and pieces for security in/on Police Department equipment and this is the required disclosure statement.
Mr. Aurelio made a motion to Consider Uniform Conflict of Interest Disclosure Statement for Clifford Wroe, and authorize the Town Council President to sign it. Mr. Blazak seconded the motion.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
A brief discussion centered around why this car sat for two (2) years before getting rid of it or even using it.
A motion was made by Mr. Blazak to Consider approving the Building & Planning Department’s 2008 Chevy Impala to be placed on the State of Indiana auction site and seconded by Mr. Aurelio.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Ms. Hernandez stated there are 5 Requests to Pay in the amount of $213,023.00. Mr. Pondinas commented about the new changes in the Request to Pay form.
Mr. Swets asked for a motion to approve the Requests to Pay totaling $213,023.00. Mr. Schilling made a motion to authorize the Clerk-Treasurer to pay the Requests to Pay as presented, the motion was seconded by Mr. Blazak.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Mr. Swets asked for a motion for Payment of the Bills for the Corporation totaling $2,313,146.41. Mr. Pondinas made a motion to Pay the Bills for the Corporation totaling $2,313,146.41, the motion was seconded by Mr. Blazak.
Motion carried unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – none
Respectfully Submitted:
Jan Barry, Recording Secretary
Town Council
Respectfully Submitted:
Jan Barry, Recording Secretary, Town Council
Members present:
Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Also present:
Chris Salatas, Town Manager; Dave Westland, Attorney; Beth Hernandez, Clerk-Treasurer
(Via e-Mail and read at the meeting)
From: Jeffrey Slaven jsalven2003@yahoo.com
Date: Wed, Dec 22, 2021 at 5:04 PM
Subject: Town Council letter for the record
To: bhernandez@stjohnin.com
To whom it may concern:
The Saint John Town Council Facebook page was established this April 29, 2021.
Until very recent (December 2021) the unknown administrators of this page have gone back and restricted commenting on posts that were for information for the citizens such as road closures and various events.
Upon reviewing the page in the last 4 days commenting was shut off on posts that had existing comments that were completely appropriate and non threatening.
A post that was made a few days ago had a day/date error and one person made a comment and after the one comment was made (non threatening/appropriate)the commenting was once again shut down. A new post was made this past Sunday stating that the Saint John Town Council was only a informative face book page and that no comments will be allowed to send a message if you “had any questions or comments”
I have since send two messages to the unknown person behind the Saint John Town Council page asking directly who the administrators were for said page and I was completely ignored on both very respectful non threatening messages. The two responses from the town council page did not include any name of responding individual as I also requested.
I have researched hundreds of state,local and federal Facebook pages and not ONE prohibits commenting on “informative” pages as the SJ Town Council has chosen to do.
I feel this is an infringement on 1A rights as you allowed commenting on specific post and after a few comments were posted you block other from commenting on posts where existing comments existed.
My assumption and I could be wrong is that ALL public government Facebook/Social media pages are designed to be “informative” so why would this Town Council (except Wayne Pondinas who stated he has no page access) have any “informative” social media government page like the entire country and decide 8 months after creating the page to start suppressing the voices of US taxpaying citizens?
Why is a picture including Wayne on this page if he isn’t allowed access or input including responses? Is there something this town council is hiding from or are you afraid of transparency and accountability in a public social media setting? Is this how this town council values the 1A and freedom of speech?
Regards
Jeff Slaven
9153 E. Springhill Dr
SJ
Mr. Swets stated that the Town Manager has had his 6-Month review by Mr. Schilling and Mr. Swets. After a review there is a possibility of a raise up to 5% per his offer letter. They are recommending a 5% raise effective December 1, 2021.
Mr. Swets asked for a motion for approval of the 5% increase for Chris Salatas, Town manager.
Mr. Aurelio made the motion and Mr. Blazak seconded the motion.
No Additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Swets, Mr. Schilling
Nays – None
This was presented at the last meeting, but the BZA did not have the minutes. The minutes have since been approved and I am recommending approving this Special Exception.
Mr. Pondinas questioned if there is an Engineering stamp. Mr. Salatas commented that that will be issued from another department. Mr. Pondinas agreed that was the case and the Town Council was simply approving the project.
Mr. Swets asked for a motion to Consider granting a Special Exception to allow an accessory use/building (open memorial pavilion) within a C-1 Zone (General Commercial District) at 9615 Keilman Street. Mr. Blazak made the motion to approve granting a Special Exception at 9615 Keilman Street, Mr. Schilling seconded the motion.
No Additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Swets, Mr. Schilling
Nays – None
Mr. Salatas explained that there were modifications to the Salary Ordinance that were completed. There was changes to the Town Manager salary, 3-4 other positions with what they will be receiving with a 3% increase, class numbering classifications issues corrected. Summer Help was added into Parks Department at $12/hour. The uniform allowance for the Fire Department was made identical to the Police Department. There was a correction made to the Fire Fighter/EMT salaries, using a methodology of dividing the suggested $3000 pay increase divided by the number of hours worked converting FSLA into straight time and adding that into time they work. The increase comes out to about $0.97/hour increase to the Base Pay of $21.88. Mr. Swets reiterated that the Salary Ordinance basically reflects a 3% increase across the board with Fire Fighters receiving an additional $3000.
Mr. Pondinas commented that he was OK with the Fire Fighters getting the $3000, the 3% increase and Longevity. He was also fine with Mr. Salatas getting his increase, as that is contractual. However, as he shared at the last meeting when he was virtual, he state that the Police Department, Clerical and Public Works should get a 6% raise. The scale as it is now is a bit heavy and this 6% would even it out. He stated he was approached by different department, different employees and they did not think it was fair. He understands that base pay will increase for Fire Fighters and will affect their pension. However, all other departments worked through COVID. He has checked with Baker-Tilly and the money is coming out of the General Fund, the raise would actually come out of 8 different funds. He also stated that other towns did COVID Bonuses plus the percentage raise. He believes it is a workable plan and would be worthwhile. The Fire Department unionized years ago with the FOP. If the 6% raise doesn’t work maybe we should let Public Works unionize and get a good contract.
Mr. Pondinas made a Motion to Amend Ordinance No. 1747, to add a 6% raise for Public Works, Police Department, Parks Department and Clerical. Mr. Swets clarified, not for Fire. Mr. Pondinas agreed, as they were already getting a 3% raise, $3000 and Longevity Pay. Mr. Schilling added that there are many areas in the Salary Ordinance to progress. He felt that the 3% raise was a good raise. He values every employee. He explained that Longevity promotes people to stay. Mr. Pondinas interjected that Longevity can go away at any time, but a raise you cannot take away.
Mr. Aurelio added that St. John is restrained by its revenue. Indiana State law states that only 3% raises can be given for the year. He stated that we would be deficit spending out of different funds that would be greater than the increase in the town’s revenue. About 24% of the total budget is spent on employees. He further explained that all other costs are going up at approximately the rate of inflation, which is double the 3% raise. He further stated that if we give more that we will be further putting our town’s finances in jeopardy. He added there are many projects in town needing improvements that will probably go up higher than the rate of inflation. Mr. Aurelio proposed that the town leaders should lead by example. He understands the Salary Ordinance, employees should get the 3% increase. We are losing Fire Fighters so they need the $3000 increase and the Longevity program. We have money for some things by not all things. Mr. Aurelio made a motion to amend, however Mr. Swets reminded him that there was already a motion on the floor.
Mr. Westland interrupted the conversations stating that Salary Ordinance No. 1747 is getting lost in conversations that are out of order. Some motions were/are out of order.
Mr. Swets called for a motion to adopt Ordinance No. 1747 on Second Reading. Mr. Schilling made a motion to adopt Salary Ordinance 1747 on Second Reading. Mr. Blazak seconded that motion.
Mr. Swets called for further discussion.
Mr. Pondinas made a motion to amend Ordinance No. 1747 on second reading to add 6% raise for Public Works, Police Department, Parks and Clerical.
No Support for the motion by Mr. Pondinas.
Motion fails, lack of support.
Mr. Aurelio made a motion to amend Ordinance No. 1747 to freeze all local official’s salaries at the 2021 levels, as follows:
Town Council President not to exceed $19,339.31
Council Members not to exceed $17,185.27
Clerk-Treasurer not to exceed $94,286.92
Mr. Swets clarified that Mr. Aurelio’s motion was for 0% for elected officials. Mr. Aurelio agreed. Mr. Blazak seconded the motion.
Comments and/or Discussion
Mr. Westland clarified that the vote is only adopting the Amendment to Ordinance No.1747 Motion for adopting the Amendment carries
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Swets
Nays – Mr. Pondinas, Mr. Schilling
No further discussion was held on Ordinance No. 1747, as Amended
Mr. Swets called for those in favor of adopting Ordinance No. 1747, an ordinance adopting the 2022 Salary Ordinance, as Amended, signify by saying Aye.
Motion approved 4-1
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
No Additional Questions and/or Comments
Mr. Swets asked for a motion to Consider Ordinance No. 1749, an ordinance establishing a Longevity Pay Program for town employees. Mr. Aurelio made the motion to Consider Ordinance No. 1749, an ordinance establishing a Longevity Pay Program for town employees on first reading, Mr. Blazak seconded the motion.
No Additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Swets called for a motion to adopt Ordinance No. 1749, an ordinance establishing a Longevity Pay Program for town employees. Mr. Schilling made the motion to adopt Ordinance No. 1747, and Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas explained that this is an ordinance drafted from a recommendation by the Safety Board. It addresses vacation hours for years worked by the Fire Department and addresses throughout the year how holidays can be used for the Fire Department.
Mr. Swets called for a motion to Consider Ordinance No. 1750, an ordinance amending Ordinance No. 1696, the Town of St. John Personnel Policy and Procedure Manual, Full-time EMT/Firefighter Time Off on first reading. Mr. Schilling made the motion to consider Ordinance No. 1696 on First Reading, Mr. Blazak seconded the motion.
Questions and/or Comments:
Mr. Pondinas asked for more time to read the paperwork.
Mr. Swets stated that it was only on First Reading. It can be put off until the next meeting, so there is more time to review. Mr. Pondinas stated he had no additional questions he just saw that it just came through.
Motion approved
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Mr. Swets stated that Resolution 2021-12-22, Resolution 2021-12-22A, and Resolution 2021-12-22B were all resolutions authorizing Transfers of Appropriations were received at 4:00pm on December 22, 2021. There has not been sufficient time to thoroughly read through the Resolutions. Ms. Hernandez clarified why they were not received until 4:00 pm. A discussion ensued regarding the date change made for the meeting tonight.
Ms. Hernandez stated that her office worked hard to prepare the paperwork for the meeting.
Mr. Swets asked for a motion to adopt Resolution No. 2021-12-22, a resolution authorizing a Transfer of Appropriation – Civil. Mr. Pondinas made the motion to adopt Resolution No. 2021-12-22, a resolution authorizing a Transfer of Appropriation – Civil, Mr. Schilling seconded the motion.
Mr. Swets stated he needed to look over the information. Mr. Aurelio also state he didn’t received the information until 4:00pm. Mr. Hernandez gave several reminders to check emails.
Motion failed, 2-3
Ayes – Mr. Pondinas, Mr. Schilling
Nays – Mr. Aurelio, Mr. Blazak, Mr. Swets
Ms. Hernandez shares her disappointment that it was no being passed at this time.
Mr. Swets asked for a motion to adopt Resolution No. 2021-12-22A, a resolution authorizing a Transfer of Appropriation – Sanitary. Mr. Pondinas made the motion to adopt Resolution No. 2021-12-22A and Mr. Schilling seconded the motion.
Motion to adopt approved, 3-1
Ayes – Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – Mr. Blazak
Abstain – Mr. Aurelio
Mr. Aurelio explained his reasoning for abstaining from the vote.
Mr. Swets asked for a motion to adopt Resolution No. 2021-12-22B, a resolution authorizing a Transfer of Appropriation – Waterworks. Mr. Pondinas made the motion to adopt Resolution No. 2021-12-22B and Mr. Schilling seconded the motion.
Motion approved, 3 – 2
Ayes – Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – Mr. Aurelio, Mr. Blazak
Mr. Salatas had no comments. Ms. Hernandez had no comments.
Mr. Swets asked for a motion to adopt Resolution No. 2021-12-22C, a resolution authorizing a Transfer of Funds (TBD). Mr. Pondinas made the motion to adopt Resolution No. 2021-12-22C and Mr. Schilling seconded the motion.
Motion approved, 3 – 2
Ayes – Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – Mr. Aurelio, Mr. Blazak
Ms. Hernandez commented that this was a CBDG project to be funded. Mr. Aurelio requested that he receive information in a timely manner. Ms. Hernandez responded that her department and others worked hard to get things done in time.
Mr. Swets asked for a motion to Consider Ordinance No. 1742, an ordinance authorizing an increase in the annual business license fee on first reading. Mr. Blazak made the motion to Consider Ordinance No. 1742 on first reading and Mr. Aurelio seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Swets asked for a motion to adopt Ordinance No. 1742, an ordinance authorizing an increase in the annual business license fee. Mr. Blazak made the motion and Mr. Pondinas seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas explained with the passage of this ordinance adds stop signs into the inventory and means that the Police Officers can write tickets for violations of said stop signs, once installed. Mr. Swets asked for a motion to Consider Ordinance No. 1751, an ordinance amending Ordinance No. 1491, addition of stop signs to section 13-1007(b) on first reading. Mr. Blazak made the motion to Consider Ordinance No. 1751 and Mr. Schilling seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Swets asked for a motion to adopt Ordinance No. 1751, an ordinance amending Ordinance No. 1491, addition of stop signs to section 13-1007(b). Mr. Schilling made the motion to adopt Ordinance No. 1751 and Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas explained this was a recommendation from the Park Board. The Town has not used the Halloween equipment and decorations and it is basically taking up space in our pole barn. Mr. Swets asked for a motion to consider donation of Haunted House items to the Cedar Lake Knights of Columbus. Mr. Schilling made the motion to donate the unwanted Haunted House items to the Cedar Lake Knights of Columbus and Mr. Blazak seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas recommended the surety bond, along with Sergio Mendoza and Plan Commission, in the amount stated.
Mr. Swets asked for a motion to Consider acceptance of a Performance Surety for The Gates of St. John, Unit 23B in the amount of sixteen thousand six hundred ten dollars and zero cents ($16,610.00). Mr. Blazak made the motion to Consider acceptance of a Performance Surety for The Gates of St. John, Unit 23B in the amount of sixteen thousand six hundred ten dollars and zero cents ($16,610.00) and Mr. Aurelio seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas and Sergio Mendoza along with the Plan Commission recommend the surety bond, in the amount as stated.
Mr. Swets asked for a motion to Consider acceptance of a Performance Surety for The Gates of St. John, Unit 26B in the amount of sixteen thousand two hundred eighty dollars and zero cents ($16,280.00). Mr. Blazak made the motion to Consider acceptance of a Performance Surety for The Gates of St. John, Unit 26B in the amount of sixteen thousand two hundred eighty dollars and zero cents ($16,280.00) and Mr. Aurelio seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas and Sergio Mendoza have agreed to recommend that the Town Council defer this surety bond. Instead of a Maintenance Guarantee Letter they would recommend a Maintenance Bond, which is good for two (2) years. The developer is in favor of it, and it satisfies the Town Ordinances.
Mr. Swets asked for a motion to consider release of Surety Bond for Summerlin Estates, Phase 2, in the amount of $309,838.62, and accept replacement Maintenance Guarantee Letter. Mr. Blazak made the motion and Mr. Aurelio seconded the motion.
Mr. Swets apologized as it was to be a motion to defer. Mr. Aurelio removed his second to Mr. Blazak and Mr. Blazak removed his motion.
Mr. Swets asked for a motion to defer consideration of a release of Surety Bond for Summerlin Estates, Phase 2, in the amount of $309,838.62, and accept replacement Maintenance Guarantee Letter. Mr. Schilling made the motion to defer consideration of a release of Surety Bond for Summerlin Estates, Phase 2, in the amount of $309,838.62, and accept replacement Maintenance Guarantee Letter and Mr. Blazak seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Blazak explained that the Plan Commission meets twice a month, with one meeting being a Study Session and then a work session.
Mr. Blazak made a motion to appoint Yolanda Cardona, Bob Burleson, John Gill, Jason Valesik , Electrical Inspector; and Bob Vilois, returning Water Department head; to the St. John Plan Commission.
Mr. Aurelio seconded the motion.
Questions and/or Comments
Mr. Pondinas stated that Bob Vilois is not yet a Town employee today and won’t be until January 1, 2022.
Mr. Blazak state the Plan Commission was having a meeting on January 5, 2022 and they want him appointed before the meeting.
Mr. Pondinas suggested it should read, when he begins employment.
Mr. Swets asked for a motion for the amendment to the Plan Commission appointments. Mr. Pondinas made the motion as stated by Mr. Blazak, with Yolanda Cardona, Bob Burleson, John Gill, Jason Valesik and Bob Vilois when he becomes employed at the beginning of the year. Mr. Aurelio seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
No additional Questions and/or Comments
Mr. Swets stated that there is a motion first and second to approve the appointments, all in favor signify by saying Aye.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Swets asked for a motion to Consider appointment of the members of the Town Council to the Redevelopment Commission. Mr. Blazak made the motion and Mr. Aurelio seconded the motion.
Motion approved, 4-1
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Mr. Pondinas commented that he did not want to be on the Redevelopment Commission, as it only consists of Town Council members and as a campaign promise that decided they would not be on any commissions. Mr. Swets apologized for not giving Mr. Pondinas a chance to explain before the vote.
Ms. Hernandez RTPs are ready for your review tonight, they are in front of you.
Mr. Swets asked for a motion to approve the Requests to Pay. Mr. Pondinas made a motion to Authorize the Clerk-Treasurer to pay the same. Mr. Schilling second the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Swets asked for a motion to pay the docket. Mr. Pondinas made a motion to pay the docket in the amount of $2,888,572.48. Mr. Schilling seconded the motion.
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Respectfully Submitted:
Jan Barry, Recording Secretary, Town Council
Members present:
Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling
Present virtually:
Mr. Swets
Also present:
Chris Salatas, Town Manager; Dave Westland, Attorney; Beth Hernandez, Clerk-Treasurer
Mr. Salatas stated the Town Council may want to consider this on 1st Reading only. It still needs the Plan Commission Meeting Minutes from the meeting they held on December 1, 2021.
Mr. Schilling asked for a motion to Consider Ordinance No. 1753, an ordinance rezoning certain property known as Astoria, from Open Space to RC-2 PUD (Residential Conservation Planned Unit Development). Mr. Blazak made the motion to Consider Ordinance No. 1753, an ordinance rezoning certain property known as Astoria, from Open Space to RC-2 PUD. Mr. Aurelio seconded the motion.
No additional questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Swets, Mr. Schilling
Nays – None
Mr. Salatas stated this received a favorable recommendation from the Safety Board and it is the same Ordinance you had before you last week.
Mr. Schilling commented this was the second reading for this Ordinance.
Mr. Pondinas questioned if there were any changes from last week.
Mr. Salatas stated that no one spoke up last week about changes, but if you would like the changes suggested by Clerk-Treasurer Hernandez to be accepted, then I would suggest that this be deferred and give direction to either myself or Dave Westland to make the changes that were suggested.
Mr. Schilling asked for a motion to adopt Ordinance No. 1750, an ordinance amending Ordinance No. 1696, the Town of St. John Personnel Policy and Procedure Manual, Fulltime EMT/Firefighter Time Off. Mr. Aurelio made the motion on second reading to adopt Ordinance No. 1750 and Mr. Blazak seconded the motion.
Questions and/or Comments
Mr. Pondinas asked if any changes need to be made or is everything set now. There were no responses to his question.
Motion approved, 4 - 1
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Schilling, Mr. Swets
Nays – Mr. Pondinas
Mr. Salatas stated this is the exact same Resolution as presented last week for your consideration.
Mr. Pondinas made a motion to adopt Resolution No. 221-12-22, a resolution authorizing a Transfer of Appropriation – Civil and Mr. Aurelio seconded the motion.
No Additional Questions and/or Comments
Motion approved unanimously.
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas stated there were only two (2) changes to the draft sent out last Thursday was to two (2) maps on pages 18 & 19. We simply changed the layout on the page. This is the exact same document you saw last week. This is required to be compliant with Federal Law, as well as required to allow applications for the Community CrossRoads Grant. It contains a Complaint Log, a Complaint Form, Guidance on how to handle disabilities. It also contains a map of the Town’s infrastructure for ramps either in or out of compliance in area of priority. A big Thank You to Public Works Director Bob Davis and his staff for their work on this project. This document alone is worth $1 Million a year. INDOT said it is federally compliant. If adopted tonight requirements will be satisfied.
Mr. Schilling called for a motion to adopt Resolution 2021-12-29A, a resolution approving the Americans with Disabilities Act Transition Plan update. Mr. Aurelio made the motion to adopt Resolution 2021-12-29A, a resolution approving the Americans with Disabilities Act Transition Plan update. Mr. Blazak seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Mr. Salatas stated this is like the resolution you just passed. It is a Federal Law requirement. IN order to receive funds from INDOT for the Community CrossRoads Matching Grant money. This is an update from the Town’s 2017 existing plan. The updates were simply page numbers to align with the appendix, elected official’s names were updated, Town Hall phone numbers were updated, and staff that have changed were also updated. This document is compliant with INDOT.
Mr. Schilling asked for a motion to adopt Resolution 2021-12-29B, a resolution approving the Title VI Implementation Plan update. Mr. Blazak made the motion to adopt Resolution 2021-12-29B and Mr. Pondinas seconded the motion.
No additional Questions and/or Comments
Motion approved unanimously
Ayes – Mr. Aurelio, Mr. Blazak, Mr. Pondinas, Mr. Schilling, Mr. Swets
Nays – None
Respectfully Submitted:
Jan Barry, Recording Secretary
