Roll call was taken with the following members present: Alex Monanteras; Michael Hanlon; William McCall; Kenneth Gembala; Robert Meyers; John Phipps, NIES Engineering; Robert Pharazyn; Randy Wyllie, Attorney from the Law Firm of Wieser & Sterba; and Sherry Sury, Clerk-Treasurer.
Mr. McCall nominated Michael Hanlon for Vice-President; Mr. Gembala nominated William McCall. Mr. Hanlon elected with four ayes and one nay by Mr. Gembala.
Mr. Meyers motioned to appoint Robinson Engineering of South Holland, Illinois, as the Sanitary District Engineer. Mr. Hanlon motioned to retain Nies Engineering as the Sanitary District Engineer. Mr. Gembala seconded the motion for Robinson Engineering. Discussion followed regarding Robinson Engineering’s role as the Town Engineer. Mr. Gembala withdrew his second. He works for an engineering firm and abstained from voting and the discussion. Mr. McCall seconded the motion for the appointment of Robinson Engineering. Motion for Robinson Engineering carried with three ayes and one nay by Mr. Hanlon. Mr. Phipps stated he would be available for thirty days and requested permission to leave the meeting.
Mr. Monanteras asked for nominations for Vice-President. Mr. Gembala nominated Michael Hanlon; Mr. Meyers nominated William McCall. No other nominations. Four ayes for Mr. Hanlon and one abstention by Mr. Hanlon. Vote for Mr. Hanlon carried four to zero.
Mr. Meyers motioned to appoint Robinson Engineering as the Waterworks District engineer. Seconded by Mr. McCall. Three ayes, one nay by Mr. Hanlon and one abstention by Mr. Gembala as he is employed by an engineering company. Motion carried.
Mr. Gill, 10281 Joliet Street - asked about the report prepared by Haas & Associates and stated that the residents of Joliet Street have hired their own engineer. Mr. McCall said he could not respond under advice of Counsel due to the notice of tort claim that has been filed.
Mr. Dan Snow, Snow-N-Sons - asked what could they do in regard to the release of pay request #8. Mr. Wyllie stated that was part of the discussion in the Executive Session, and they will be informed of any other action that needs to be taken prior to the next meeting.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Myers motioned to approve the contract from Robinson Engineering, Ltd. Seconded by Mr. Hanlon. Motion unanimously passed.
Mr. Pharazyn would like authorization sell the generator from LS#1 and to sell the van that was replaced by a pick up truck last year. Mr. Myers motioned to authorize Mr. Pharazyn to begin the process to sell the LS#1 generator and the van. Seconded by Mr. McCall. Motion unanimously passed.
Mr. Myers motioned to approve the contract from Robinson Engineering, Ltd. Seconded by Mr. Hanlon. Motion unanimously passed.
Authorization to research/prepare written procedures for: Fire hydrant billing to non-residents; Fire sprinkling systems; and Public/Private fire hydrant rental – Mr. Monanteras added the authorization needed for adjusting the sewer portion of the billing when sod or pools are installed or filled either before or after the four month designated summer sprinkling period. He recommended that Bob Pharazyn take the lead and include Randy Wyllie, Pete Faberbock, and Sherry Sury in preparing these polices and procedures. Mr. Hanlon motioned to authorize Bob Pharazyn to lead a team which would include Pete Faberbock, Randy Wyllie, and Sherry Sury to research and prepare the written procedures for adjusting the sewer charges for pool fillings and sod as mentioned, the definition of public vs. private fire hydrant rental, procedures related to fire sprinkling systems and fire hydrant billings to non-residents. The first two items are to be done by the April Study Session and the last two by the May Study Session. Seconded by Mr. McCall. Motion unanimously passed.
Mr. Monanteras asked for an update on the request for the easement by SBC. Mr. Pharazyn is waiting to hear back.
Joseph Hero, 11723 S Oakridge Dr. – stated his concern regarding the attorney fees and engineering fees that will be incurred with the various committees. He also stated that $2,400.00 is a waste of taxpayers money for the water bottles.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Wieser stated the Sanitary and the Waterworks Board met in an Executive Session at 6:32 p.m. prior to this meeting. Two items were discussed both which involve litigation, one is pending. There were no other topics discussed and no votes were taken.
Mr. Myers motioned to consider the Waterworks District’s Old Business item regarding the grant of right to install water lines and the waiver of annexation. Seconded by Mr. Hanlon. Motion unanimously passed.
Meeting returned to the Sanitary District agenda old business items.
Other business from the board members and staff – None
Other business from board members and staff
Mr. Gembala thanked Mr. Pharazyn for spending three hours with him to bring him up to date on existing projects.
Mr. Pharazyn advised the members that at next months meeting he would like to discuss the implementation of a water distribution system capacity charge; he will also distribute a list of the capital improvements projects for the last three years and the money spent.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Public Comment
Jean Shepard, St. John Township Trustee, 1430 Culver Lane, – stated that she was asked to speak on behalf of her constituents. Residents are concerned, do not understand the impact of this action and how it will affect them tax wise, she stated that they do no have sewers, and probably never will. Questions were raised regarding the potential taxation.
Joe Hero, 11723 S. Oakridge Drive – remonstrated against the expansion. He stated that the legal procedures were not correctly followed; the proposed map was not available at the Town Hall nor was the resolution upon request. He stated that the published boundaries were incorrect and suggested that the people within the taxing district should have received personal notices. Board should begin process again with the legal and personal notices.
Phyllis Bergiel, 14350 W. 101st Avenue – agreed with Joe Hero regarding the public notice. She stated that she is not sure if this affects her and the notice of the public hearing was not on web site calendar. The notice in the newspaper may be legal but not sufficient, the Township residents do not read the Town Board notices. She questioned the constitutionality of law under which this expansion would take place. Township does not elect the Town Board; however, the Town Board appoints the district members and believes it is taxation without representation. She would like to see clear maps posted for the boundaries on the web site and the Town to mail personal notices to all residents affected.
Tom Kowalik, 10617 Calumet Avenue – stated that he has no ties to the Town at all, but agrees with the comments presented by Phyllis. This boundary expansion does not benefit him.
Michael Muenich, 9456 Olcott – stated that he was the principle architect of the Sanitary and Waterworks Districts in 1985 and 1989 – 1990 and remonstrated in favor of the annexation of the entire parcel. The taxes are not so much the issue as the control over the parcel to the projected town boundaries. He asked them to enter into the record and make part of the administrative record the Water Distribution Master Plan adopted in May 2001 and the Sanitary/Sewer Master Plan adopted in February 2001, which handles those same boundaries. He stated that is imperative the Town has control over those areas so it has adequate planning and to provide for the capacity to handle those areas. It is consistent with the Wastewater Facilities Plan adopted by the EPA in March 1976. Boundaries were adopted and recorded as public record in 1985 (Sanitary District) and 1989 (Waterworks District). He has been in favor of the annexation for years to secure absolute control of those areas so the Town can control the distribution of water and the collection of sewage within those particular areas.
Public Hearing closed to the floor.
Mr. Monanteras read Mr. Rudy’s question, number four, from the remonstrance and asked Mr. Wieser to address this.
Mr. Wieser responded by explaining the existence of these boundaries and stated that there is no legal requirement for the individual notice to individual taxpayers. It troubles him that by not having the maps or proposed resolution available at the Town Hall is a flaw and is of such significant concern and he recommended that the public hearing be continued until those documents are available to the public.
The districts’ governing board needs to consider the rights of the property owners vs. public health, safety and welfare. The statute under which this process falls is based on public health and safety and the lack of sewers throughout the state and country.
If the district is expanded the owners are subject to the tax. It has been the position that those users who are in the boundary between the municipal town and the planning district where grants of easements and waivers of annexations have been recorded are the ones who will pay the tax.
Some people have found that there is a benefit to those within the district and who are not tied in to the services. The resale value of the property has been enhanced because the infrastructure improvement is available.
Mr. Wieser stated that a constitutional challenge of law under which the expansion would take place could be made even if the public notice was made perfectly according to Hoyle.
Mr. Wieser recommended that this issue be revisited at another public hearing because an integral part of the notice was having that information available to people so they can view it.
Mr. McCall motioned to direct the Clerk-Treasurer to re-advertise for the public hearing for April 26, 2004; and that the scheduled May 3rd study session immediately follow the public hearing on April 26, 2004. Seconded by Mr. Hanlon. Motion unanimously passed.
Mr. Monanteras stated that it is not the group’s intent to tax people for a service that they are not receiving. Their action is to protect all the property values and the environment.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Wyllie stated that the Waterworks and Sanitary District meeting and agendas are combined together. He would like “Any and all business that may come before the Board from either Board Members and the Staff” be added before Public Comment on both agendas. Mr. McCall motioned to add this item to both agendas. Seconded by Mr. Hanlon. Motion unanimously passed.
Mr. Wyllie also stated there was an issue that needed attention regarding the Olthof Grant of Right to install water lines and Grant of Waiver to remonstrate, because of that the agenda must be amended to add that item under Waterworks District, Old Business as item 3. Mr. Hanlon motioned to amend the agenda to add this item. Seconded by Mr. Myers. Motion unanimously passed.
Mr. Faberbock asked for approval of a sewage treatment capacity charge for a warehouse / office complex at 10029 Ravenswood Drive. Mr. Hanlon motioned to approve the sewage treatment capacity charge of $1,379.00 for 10029 Ravenswood Drive. Seconded by Mr. McCall. Motion unanimously passed.
Mr. Faberbock gave an update on the Interceptor Sewer; they are having trouble getting soil borings south of 93rd Avenue. He spoke with Mr. Muenich who said they have not purchased the property yet. They are proceeding with the project with the property located north of 93rd Avenue.
Mr. Pharazyn gave an update of the railroad right of way, discussion followed regarding the cost of a lease vs. purchasing the property.
Mr. Monanteras opened the Waterworks District portion of the meeting.
Mr. Monanteras made additional comments on the public hearing.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Wieser also stated that under statute, if the Boards (Water and Sanitary) decide to expand the districts, to some extent, then those parcels of property included in those expansions would be subject to the sanitary district tax regardless of whether or not they use the service.
Public Comment
Toni Padgett, 8712 Marquette – read a prepared statement that included the items of concern of the residents affected by this expansion. She asked if a deal was made with a realtor and stated that the Board has legal representation and they do not. They would like a list of campaign contributions and what companies received tax abatements or incentives given to developers to build in St. John. She also wanted to know if they need the money for a lift station to support the new developments. Also mentioned was her recent increase in property taxes.
Mr. Wieser stated that Ms. Padgett could go to the Lake County Board of Elections for a list of campaign contributions and the Auditors office for a list of the tax abatements. These are items of public record.
Dennis Neuwirth, 8683 Marquette – stated that he believes the board has their mind made up, they will fight this expansion, and questioned how much the taxes will be. He does not believe his street will ever get done. Mr. Monanteras stated that the rate is about 10 cents per $100.00 of property value.
Tom Kowalik, 10617 Calumet Avenue – stated that the last time the rate was 10 cents for residents and 30 cents for non-residents. He said his taxes doubled already and asked when the boundaries were drawn up who was his representative back then.
Janet Daniel, 8651 Marquette – wanted to know if the board would pay tax for something they are not getting. She also mentioned the recent tax increase and stated that last year they said their street would be left out of the expansion since they will never get water and sewer.
Ronald Yakimon, 8610 Marquette – stated that he has paid Schererville water district taxes, and questioned which district he is in. Mr. Wieser stated that Schererville made an administrative error because the developer had the incorrect legal description.
John Crncic, 8635 Marquette – stated that this is the same problem they had two years ago. This is taxation without representation. It is not feasible to give them the service.
Dennis Padgett, 8712 Marquette – stated that he was confused about the statement made that the Board cannot legally exclude them. Mr. Wieser stated the Board is obligated to include any property in any part of the district that gets expanded; but the Board does not have to expand to include all the property.
Mr. Gembala explained the process that created the planning district in 1985.
Paulette Schulte, 10609 Calumet Avenue – stated that she has a farm with 112 acres, with one home on it of which 72 acres would be in the planning district. This would be a lot of taxes for one house.
Ronald Yakimon – stated that he just remodeled his house and put in a new septic system. He is concerned about the additional cost if they are in the district.
Mr. Gembala motioned to close the floor if there are not additional comments. Seconded by Mr. Myers. Motion unanimously passed.
Comments from the Board
Mr. Gembala stated that the intent was to expand the district and tax only those parcels using the utilities.
Mr. Wieser suggested this item be put on the agenda for the May 17the public meeting for final action.
Mr. Myers motioned to take this matter under advisement and take action at the next regularly scheduled meeting on May 17th at 7 p.m. Seconded by Mr. McCall. Motion unanimously passed.
Capacity Study – this item was not part of the public hearing notice.
Mr. Gembala motioned to table this item for the next regular meeting. Seconded by Mr. Myers. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Monanteras amended the Sanitary District agenda new business item, B1 to read “Introduction of Resolution approving system development charges” instead of “Introduction of Ordinance approving system development charges.” He also added this item to the Waterworks District agenda under new business.
Mr. Myers motioned to add the southwestern area to the Sanitary Utility District. Seconded by Mr. Hanlon. Roll call vote: Mr. Hanlon, aye; Mr. McCall, nay; Mr. Gembala, nay; Mr. Myers, aye; Mr. Monanteras, aye. Motion carried with three ayes and two nays.
Mr. Hanlon motioned to amend the agenda to address the Waterworks District item under “Consideration of incorporating additional territory into the Sanitary and Waterworks Districts of the Town of St. John.” Seconded by Myers. Motion unanimously passed.
Mr. Myers motioned to add the southwestern area to the Waterworks Utility District. Seconded by Mr. Hanlon. Roll call vote: Mr. Hanlon, aye; Mr. McCall, nay; Mr. Gembala, nay; Mr. Myers, aye; Mr. Monanteras, aye. Motion carried with three ayes and two nays.
Mr. Wieser stated that the resolution originally had four legal descriptions attached. The district boundaries have been amended tonight to include only those areas that have been identified as the southeastern and southwestern portions of the planning district and have been included and incorporated. The areas both to the northwest and northeast that are identified on the map and identified by the other legal descriptions are not going to be included in the district and are not subject at this point in time for any further consideration.
(Mr. Wieser left the meeting at 7:30 p.m.)
Mr. McCall motioned to amend the agenda to consider the resolution under the Waterworks District. Seconded by Mr. Hanlon. Motion unanimously passed.
Patti Bayer, 9111 Cline – asked about the residents being taxed and not receiving service.
Tom Kowalik, 10617 Calumet – stated that it is ludicrous to have to pay for something he’s not getting.
Janet Daniel, 8651 Marquette – stated that Indiana Code 8-1.5-4-4 specifies the duties of the Sanitary Board, which states the district may tax them but the district must supply water. Mr. Wyllie was asked to research this and respond.
Phyllis Bergiel, 14350 West 101st Avenue – asked why the south section was singled out; a fifth area could have been drawn up. The residents also could have been asked to sign a covenant agreeing not to take water from other services.
Mr. Monanteras asked that a map of the new district boundaries be given to each board member and available as handouts as soon as possible.
Mr. Pharazyn stated a Public Works employee will start in two weeks.
Mr. Monanteras asked Mr. Pharazyn to determine the next step in the waterworks expansion with wells. Mr. Pharazyn is considering a new water treatment plant on the south side. Mr. Myers stated the developers should incur that cost.
Mr. Pharazyn stated that a credit was given to St. John Evangelist Church in the amount of $300.00. The town was making a repair to the water main that resulted in a leak in the service line.
Mr. Monanteras mentioned that the bond issue would be on the agenda of the next Town Council meeting.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Hanlon motioned to approve payment of $90,730.96 for APV’s #4245 - #4304 for the Water Utility. Seconded by Mr. McCall. Motion unanimously passed.
Mr. Monanteras asked about the status of the Vulnerability Assessment. Mr. Pharazyn advised that it is basically complete; he will review it before it is forwarded to the Government.
Mr. Pharazyn stated that he intended to have Robinson Engineering provide for review one week prior to the meeting the plans on when the North 93rd Ave to 85th Avenue segment can go out for bid. He also mentioned that there is a pipe along the railroad that no one knows anything about.
Mr. Monanteras stated that he still wants a “gee whiz” number as well as the bid information in three weeks. He also mentioned that there will be this Wednesday, a meeting on the Comprehensive Plan.
Reschedule July Study Session date to July 4th holiday - It was stated that it was not necessary to have a study session in July. Ms Sury stated that she would post and distribute the necessary notices.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Myers motioned to amend the agenda to add New Business on both the Sanitary and Waterworks agenda regarding the Municipal Complex Project. Seconded by Mr. Hanlon. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
36” Pipe | 42” Pipe | |
Knowles Construction | $1,675,730.50 | $1,798,360.00 |
Grimmer Construction | $1,945,259.00 | $2,121,846.00 |
Woodruff & Sons, Inc. | $2,047,254.14 | $2,168,359.34 |
Gough Inc. | $1,124,964.35 | $1,315,243.55 |
Mr. Wyllie confirmed that all bidders had the bid bonds attached and the bids were in proper form.
Mr. Hanlon motioned to accept the bids as tendered and take them under advisement so that legal counsel can review them more thoroughly and that Robinson Engineering can review the bids and attachments. Seconded by Mr. Myers. Motion unanimously passed.
Mr. Hanlon motioned to adopt Ordinance #SD 88 / #1353, an ordinance repealing Ordinance #SD 50 / #980 Tap Charges. Seconded by Mr. McCall. Motion unanimously passed.
Mr. Monanteras stated that the Sanitary Board has not looked at the budget in terms of how much money was spent in each area. He referred to Mr. Carter who put together a proposal that would explain the Sanitary District’s overall financial position.
Mr. Carter stated that he has been doing this for ten years; the database used by the Town does not give a financial picture for any point in time. He generates reports for about 25-30 communities and they compile the financial data annually, quarterly, or whatever is requested. This information can be used to do revenue projections. The reports Ms. Sury has are from tax revenue; his reports would be revenue generated from user fees. The charge for a semi-annual report for both Sanitary and Waterworks would be approximately $6,000.00.
Mr. Monanteras asked the other board members to review the contract and that this item be placed on the agenda for the August special meeting.
Mr. Carter stated that he has submitted proposals for the (BAN) Bond Anticipation Note with responses due this Wednesday. Discussion ensued. The Board decided to get $1,800,000 for the short-term note.
Mr. Pharazyn stated that he has two quotes for the LS #10 removal and they have come in at about $70,000.00. He is not in a hurry to get rid of LS #6 on Acorn Court. The developer will take care of the lift station on the corner of White Oak and 101st.
Mr. Faberbock stated that he calculated the treatment capacity charge for the new St. John Public Library. He used water usage for the Schererville and Dyer libraries and created a ratio to account for building size to determine the treatment capacity charge of $3,599.04 for the new library. It was mentioned that they would also pay the system development charges based on the size of the line. Mr. Hanlon motioned to approve the sewage capacity charge of $3,599.04 for the St. John Public Library. Seconded by Mr. Myers. Motion unanimously passed.
Mr. Faberbock asked that the Engineer Inspection Agreement be placed on the August 30th agenda. Discussion followed. Mr. Faberbock and Mr. Pharazyn will review prior to the next meeting.
Mr. Monanteras requested that an update on LS #3 be placed on the September 20th agenda.
Mr. Pharazyn referenced the recent ordinances regarding capacity charges, which are based on the meter size; he recommends the ordinance be changed so the charges are based on line size. Mr. Monanteras suggested that Mr. Pharazyn meet with Mr. Wyllie and Mr. Carter to discuss.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Meeting opened and closed to the public. There were no members of the public present.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Pharazyn stated that he has one proposal for LS #10 for $78,894.50; he will have another bid at the next meeting.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Meeting opened and closed for public comment. There were no members of the public present.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. McCall motioned to amend the agenda to address the budget and the capacity at the water treatment plant under Waterworks Old Business. Seconded by Mr. Myers. Motion unanimously passed.
Mr. McCall requested permission to leave the meeting due to a pressing engagement.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Monanteras and Ms. Sury provided an update on the bond sale status. Bank Calumet was awarded the bid and the $30,000.00 “good faith check” was received and deposited.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Alternate #1: Construct a 24” gravity sewer from LS #3 to LS #1, expand the pumping capacity of LS #1 and construct a new force main from LS#1 over to the future extension of the east side interceptor. They would leave in place the existing force main from LS #1 to the force main on U.S. 41 that runs up to 93rd Avenue. By doing this LS #3 could be eliminated.
Alternate #2: Rehabilitate and expand LS #3, construct a new force main from LS #3 to the extension of the east-side interceptor. Continue to use the existing 12” gravity sewer that presently goes from LS #3 to LS #1, try to optimize that and minimize the energy costs for pumping.
Discussion followed regarding the financing, timing, project phases and soil borings. Mr. James stated that he would return to a future meeting after the soil borings are completed.
Inflow comes in real fast and can be fixed easily, such as down spouts. Infiltration would be like ground water leaking through the joints of a sewer pipe. The final recommendation would be to put in a 36” interceptor right away from 85th Avenue to the Schererville Treatment Plant. The estimated cost is between $3 and 3.5 million and should be constructed in the next 2-3 years.
Mr. Hanlon motioned to adopt Ordinance #SD 90 being an Ordinance establishing a schedule of wages, salaries and fees for the Sanitary District and Wastewater Utility for the Town of St. John. Seconded by Mr. Myers. Motion unanimously passed.
1) Scada Water System - estimated construction cost $150,000.00 and an estimated engineering cost of $16,500.00. The plans will be completed by February 2005 with construction expected to start June 2005 and completed February 2006. Robinson Engineering will begin upon board approval.
2) Booster Pumping Station - construction cost of approximately $600,000.00 with the same time frame of plan completion by February 2005 and project completion by February 2006. Robinson Engineering will begin upon board approval. The cost is due to a much larger area, about 4,000 acres, having pressure problems. Discussion ensued.
3) Iron Removal System - estimated engineering cost of $115,500.00 and an estimated construction cost of about $2,000,000.00 and a time line of 2005/2006-winter season with completion summer 2006.
Mr. Hanlon motioned to adopt Ordinance #WD 58 that being an ordinance establishing a schedule for wages, salaries and fees for the Waterworks District and the Water Utility for the Town of St. John. Seconded by Mr. Myers. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Myers motioned to amend the agenda to add an item under New Business to approve Robinson Engineering as the Sanitary and Waterworks Districts’ engineer for 2005 and to approve the law firm of Wieser and Sterba for 2005. Seconded by Mr. Hanlon. Motion unanimously passed. Mr. Monanteras stated the fees and charges would remain the same in 2005 as they were in 2004.
Mr. Myers motioned to retain the services of Wieser and Sterba for 2005 for both the Sanitary and Waterworks Districts. Seconded by Mr. Hanlon. Motion unanimously passed.
Mr. Hanlon motioned to approve the retention of Robinson Engineering for services in 2005 for both the Sanitary and Waterworks Districts. Seconded by Mr. Myers. Motion unanimously passed.
It was decided that Mr. Pharazyn and Mr. Monanteras would meet soon to look at the Capital Improvement Plan to determine what the priorities are at this time. Mr. Pharazyn stated that LS #4 lost power this past weekend, and that there was also a problem with the emergency generator. They were unaware of the problem until they stopped by the lift station this morning. When the SCADA system is implemented the police station would be notified.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer