Mr. Pearson motioned to adopt Ordinance #1411. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Mainwaring stated that the pump at J.J.’s has been replaced with a new one.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel stated that on behalf of the Town Council, they wanted to extend their thoughts and prayers to Mr. Pearson and his family on the death of Mr. Pearson’s mother.
Ms. Teibel motioned to approve the payment of $5,089.00 to Hoover’s Nursery. Seconded by Mr. Barenie. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel called the meeting to order at 7:00 p.m. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer.
Public Comment – None
Mr. Barenie motioned to adopt Resolution #06-02-16. Seconded by Ms. Teibel. Motion passed with four yeas and one nay by Mr. Volk.
Ms. Teibel reported on the Youth Meeting and the selection process of the students that is scheduled for April 27th.
Mr. Pearson expressed his appreciation to the Town Council and Town employees for all their kind words and thoughts with the passing of his mother.
Mr. Fryzel stated that the town offices would be moving on March 1st, 2nd and 3rd to the new Public Works Building for the renovations on the municipal building. The offices will be closed on Friday, March 3rd, 2006.
Mr. Fryzel read a letter that was sent to the residents regarding the town water supply, Exhibit B, and referenced the general information letter regarding the renovations to the existing Town Hall, Exhibit A.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Chief Frego asked that the Police Department be able to collect funds temporarily for accident reports, fines and other items. He stated that the walk-ins to the police station requesting such items would not have to make several trips back and forth between the Police Department and the Clerk’s office. Discussion ensued. The chair will entertain a motion that for the time the Clerk’s office will be moved to the temporary facility, that all reports and fees connected to reports that are distributed by the Police Department be collected by the Police Department as long as the State Board of Accounts guidelines and regulations are followed. So moved by Mr. Barenie. Seconded by Ms. Teibel. Motion carried.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
OPENING REMARKS FOR CDBG PUBLIC HEARING
Each spring, the Lake County Community Economic Development Department applies to the U.S. Department of Housing and Urban Development (HUD) for new funding through the Community Development Block Grant program (CDBG).
One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2006, the Town of St. John CDBG allocation is $29,050.00.
The most common use of CDBG funds is for infrastructure, including street reconstruction, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheel chair ramps. CDBG funds may also be used to eliminate slums and blight through demolition of unsafe buildings or other clearance activities.
CDBG funded infrastructure projects may only be done in areas where the neighborhood is as least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area’s eligibility for CDBG funding.
Handicapped access projects and demolition may be done anywhere in a community, without the need for area income determinations.
The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st, and needs to be expended by June 17th of the following year.
After public comment tonight, three documents need to be read and adopted: the Affirmative Action Program, Section 3 Understanding, and a Resolution authorizing the Town Executive to submit a project proposal for CDBG funding.
Finally Project Applications, and supporting documentation, need to be submitted no later than April 1st for review by Lake County.
The floor is open for comments.
Public Comment
Ms. Margo Sabato, Director of South Lake County Community Services – provided an overview of the agency that provides the public transportation for the Town of St. John and St. John Township. She thanked the council for last year’s donation of $4,000 and asked for their consideration for the same amount this year.
Floor closed to public comment
Mr. Kil requested that Section 3 Understanding, the Affirmative Action Program Implementing Section 3, the Citizen Participation Plan and the Resolution for consideration be incorporated into the minutes.
AFFIRMATIVE ACTION PROGRAM
IMPLEMENTING SECTION 3 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
SPECIFIC AFFIRMATIVE ACTION STEPS
TOWN OF ST. JOHN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and project area businesses.
_____________________________
Signature
TOWN COUNCIL PRESIDENT
Title
LAKE COUNTY, INDIANA
Section 3 Understanding
The U.S. Department of Housing and Urban Development (HUD) issued regulations that provide the directive to creative job opportunities for low income persons when HUD funds are expended on a construction project. These regulations are known as Section 3 policy. The purpose of the Section 3 policy is to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons.
Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include contracts for purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.
Fund recipients and contractors must show compliance with the numerical goals set forth by the regulations. The numerical goals for new hires apply only to the number of new hires generated because of the financial assistance of the HUD programs. The numerical goals are not absolute numerical requirements. They are goals that each recipient and contractor should try to reach. The goals, if not met, do not trigger sanctions against the recipient or contractor. However, if challenged on the issue of compliance with Section 3, the recipient or contractor should be ready to demonstrate that they tried to reach these goals. The goals are as follows:
In addition, recipients and contractors are required to show compliance with the goal that at least 10% of any building trade activity, which is subcontracted, and 3% of non-building trade activity (construction management, etc.), is awarded to eligible Section 3 business concerns.
Further information regarding these requirements may be found in the Federal Regulations at 24 CFR 135 and the Lake County Section 3 Plan.
I certify and I have read the information above and understand the Section 3 requirements and numerical goals.
Name:_________________________________________________________________
Title:__________________________________________________________________
Date:__________________________________________________________________
CITIZEN PARTICIPATION PLAN
The following is a detailed citizen participation plan which:
RESOLUTION NUMBER #06-03-16
A RESOLUTION AUTHORIZING AND DIRECTING
THE TOWN COUNCIL PRESIDENT OF THE TOWN OF ST. JOHN TO
SUBMIT A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FEDERAL FISCAL YEAR 2005
WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended to date, Lake County, Indiana is authorized to provide financial assistance to units of general local government for undertaking and carrying out Community Development activities; and
WHEREAS, it is provided in such Act that the unit of general local government shall provide satisfactory assurance prior to submission of its Application, that it has held one public hearing to obtain the views of citizens on Community Development needs; and
WHEREAS, the Town of St. John is proposing a project for assistance under the Housing and Community Development Act of 1974, as amended to date, and to proposes to undertake and make available a total project cost of Twenty-Nine Thousand Four Hundred Thirty dollars ($29, 050.00); and
WHEREAS, the Town of St. John has held one formal public hearing on the proposed program and has made available to the general public, through the mass media and other sources, information concerning the program; and
WHEREAS, the Town of St. John has general knowledge of the proposed uses such funds and is cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development activities and undertaking with Federal financial assistance under Title 1, including those prohibiting discrimination because of race, color, creed, sex or national origin;
NOW, THEREFORE, BE IT RESOLVED, by the Town of St. John, Indiana:
Section 1: That the Town Council President of the Town of St. John, Indiana is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.
___________________________
Michael S. Fryzel
TOWN COUNCIL PRESIDENT
ST. JOHN TOWN COUNCIL
_______________________
_______________________
_______________________
_______________________
ATTEST:
_______________________
Sherry P. Sury
CLERK-TREASURER
This resolution shall take effect immediately, having been passed and adopted by the Town Council of the Town of St. John, Lake County, Indiana, this 16th day of March 2006.
Ms. Teibel referenced a statement from John Eenigenburg and requested permission to read his statement. (Exhibit A)
Mr. Kil stated that he received all the CF-1 Forms, reviewed them and found them to be in compliance.
Mr. Fryzel called a ten-minute recess at 7:15 p.m.
Mr. Fryzel reconvened the meeting at 7:30 p.m.
Proofs of Publication – Mr. Austgen stated that the notice of advertisement to bidders are in evidence in the Times and the Post Tribune, timely publication two times in each, February 16th and 23rd, 2006.
(Bids were accepted until the 7:00 p.m. date and time so noted in the legal advertisements). The bids all time receipt stamped, were compared to the list of prospective bidder’s list, arranged in the order of receipt and category and presented to Mr. Austgen for the bid opening. (Exhibit B consisting of six pages)
The chair entertained a motion to take the bids under advertisement. So moved by Ms. Teibel. Seconded by Mr. Pearson. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to accept the bids as read. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Austgen stated that the record should reflect and the public minutes should reflect that bid #28, (bid #27 on Exhibit A) the electrical bid, had a deviation from the award to what appeared to be the lowest bidder. The lowest bidder was Boender Electric by way of number or amount; however, in the review of the bid submitted an investigation revealed there were some issues and questions related to whether that bid in fact was the lowest responsive and responsible bidder. For purposes of this record, for purposes of this proceeding and for purposes of the financing for the project, which will be closing in early April, all of which requires strict compliance with the laws of the State of Indiana; it appeared in the investigation that the bid was not responsive, in that there was an incomplete portion related to addendum attachments and recognition of same. Additionally, in regard to responsible components it was presented; information was presented and reviewed and verified there were issues pertaining to previous project work here in this town where non-compliance with several statutes was included. It was part of a post audit review. Information revealed that, on the certified list of payroll information and data required to be provided, certain of the employees were not properly registered as required. There is a labor agreement and contract that requires that. There is also a bid requirement that mandates that. Additionally the ratio of journeymen to apprentices was not adhered to as reflected in the public records that were reviewed. Finally, the benefit items reflected or required to be paid were not substantiated. In other words the post contract review revealed those deficiencies. Because of the strict nature of compliance for the financing, your responsibility to the taxpayers, and conforming to law in undertaking these matters it was recommended (and apparently the council agreed by their actions tonight) that the lowest bid was not the lowest responsive and responsible bidder.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Public Comment – None
Ms. Teibel motioned to consider Ordinance #1413 on first reading only with the contingency of a review of the legal description. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Fryzel congratulated Ms. Jamrose on her accomplishments. He referenced the State Law regarding fireworks, that they are now legal and suggested that an ordinance be prepared for restrictions and time limitations. Mr. Austgen provided an update on the ordinance regarding sexually oriented businesses and that it will be submitted for consideration at the May meeting. Mr. Fryzel provided an update for the festival and mentioned that there are also raffle tickets for prizes at the festival.
Mr. Austgen referenced the information session-seminar to be held on Thursday, June 8th in Schererville with the Indiana Public Access Counselor.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken of the Town Council with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Chuck Pearson, Member; Mark Barenie, Member; Tim Kuiper, Austgen Kuiper & Associates, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Also present were Fire Chief Fred Willman, Police Chief Fred Frego, Code Enforcement Officer John Mainwaring, Bob Pharazyn, Public Works Director; Chip Sobek, Parks and Recreation Superintendent; Rhuben Pittman, Electrical Inspector; and Tina Fletcher, I.T.
Roll call was taken for the Youth Council with the following members present: Kara, President; Lindsey, Vice-President; Jordan, Council Member; Jamie, Council Member; Sydney, Council Member; Ethan, Town Attorney; Zac, Town Manager; Allison, Public Works Director and Julianne, Clerk-Treasurer. Also present were Michael, I.T. Director; Police Chief Colleen, Fire Chief Megan, Building and Planning Director Alexa, Parks Director Emily and Code Enforcement Officer Sydnee.
Roll call vote Youth Council: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Roll call vote Youth Council: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Youth Council roll call vote: President Kara, yes; Vice-President Lindsey; Councilman Jordan; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.
Councilman Jordan reported on the Heartland Baseball Complex.
Councilman Jamie stated that the Lake County Solid Waste Management District held a recycling workshop in March. He also mentioned other recycling sources available to the public.
Councilman Sydney reported that the storm sewer system at Mallard Lane and West 93rd Avenue is complete. He also stated that primary approval has been given for the final phase of North Pointe Subdivision.
President Kara gave an update on the Town Beautification Project that began in 2004.
Public Works Director Allison gave an update on the new weather and emergency warning sirens.
Fire Chief Megan stated the St. John Volunteer Fire Department voted to donate $20,200 to the Town Council for the weather warning system.
Mr. Mark Itczak, President, and Mr. Bill Gnerlich, Treasurer, of the Volunteer Fire Department, were introduced and presented the check to the Town Council. Mr. Fryzel thanked the Volunteer Fire Department for their donation and stated that the money will be used towards one of the five sirens that will be installed in the next 12-15 months.
Code Enforcement Officer Sydnee stated that the political signs that were not in compliance with Ordinance #1271 have been removed and are available for pick up at the Public Works Garage.
Police Chief Coleen mentioned that 57 citations were issued last month while working with the Drug Interdiction and DUI Task Force Grants.
Parks Director Emily gave an overview of the activities available at the Parks Department.
Town Manager Zac mentioned that the financing of the new Public Safety Building received an “A” bond rating. He also mentioned some of the new retail stores that will be opening in town.
Building & Planning Director Alexa gave a brief summary on the home building permits issued during 2005 and the related demographics.
Town Attorney Ethan gave an update on pending town ordinances regarding fireworks use, off–road vehicle regulations and a draft ordinance regarding taxable fringe benefits.
Jim Rainbolt, 2844 Jerrod Drive, Schererville – commended the Youth Council for doing an outstanding job tonight.
Mr. Fryzel thanked Ms. Teibel for putting together the Youth Council meeting, all the parents who came out tonight and all the kids who participated.
Mr. Fryzel mentioned that some pre-festival items require payment upon delivery and would like approval to generate those payments. Mr. Barenie motioned to approve miscellaneous bills prior to the docket. Seconded by Ms. Teibel. Motion unanimously passed.
Youth Council President Kara entertained a motioned to adjourn. Lindsey motioned. Seconded by Jordan. Youth Council Meeting adjourned.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to approve payment of the bill for Rite-Way Concrete in the amount of $9,940.60. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Pearson motioned to close the offices of the Town Manager, Building and Planning Department and Clerk-Treasurer’s offices on June 12 and June 13 for the relocation back to the 10955 W 93rd Avenue Address. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Austgen summarized the requirement of the lease-purchase financing document for the purchase of police vehicles and that public meeting action should take place to approve the resolution and the agreement. Ms. Teibel motioned to approve Resolution #06-05-25D. Seconded by Mr. Barenie. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to adopt Ordinance #1418. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Fryzel referenced the continuing problem of contractors illegally tapping into the town hydrants and asked Mr. Austgen to prepare an ordinance that includes a first offense penalty of $500.00.
Mr. Austgen mentioned that the Town of St. John asked the Town of Schererville for an extension of the emergency water supply agreement. He suggested the council extend the term to June 30th. Ms. Teibel motioned to enter into an extension with the Town of Schererville until June 30th for the emergency water agreement. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Austgen also referenced the Sexually Oriented Business Regulations Amendatory Ordinance that he is drafting. He explained the approval process of this zoning ordinance amendment and stated that the draft copy for the council will be provided next Thursday.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to adopt Ordinance #1421. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Mr. Fryzel requested that Mr. Austgen prepare and submit to Ms. Sury an opinion on the disposition of the funds collected for traffic school registrations whereby the funds would not have to be forwarded to County and requested a motion. Ms. Teibel motioned that no funds for traffic school registrations are to be submitted to Lake County. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Mr. Fryzel mentioned the fireworks that would be held at dusk on July 2nd with a rain date of July 3rd at Lake Central High School.
Mr. Fryzel referenced the situation and code violations with the cars and limos on Ventura Drive and requested authorization to have Mr. Austgen take corrective action.
Ms. Teibel referenced the town logos on the Water Tower and thanked Mr. Pharazyn.
Mr. Austgen referenced the binder containing information that was distributed pertaining to the proposed Sexually Oriented Business Regulations Amendatory Ordinance and mentioned that a Public Hearing would be conducted soon. He also reported that he is obtaining the signatures for the easement for the Keilman Drainage project. Mr. Austgen requested that an Executive Session be scheduled for the first meeting in the month of July.
Chief Willman thanked the Town Council for approving the payment of $10,000.00 for the Volunteer Fire Department contract with the Town.
Mr. Sobek stated that the construction of the four parks would be done next week and reported that the summer programs are going good.
Mr. Kil mentioned the status of the Plan Commission in relation to the new developments that included the Lotton Development a/k/a Gates of St. John.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Town Council comments – Mr. Volk asked if they would request a re-zone of the property and Mr. Kil stated that the comprehensive plan covers part of this area and the fiscal plan and ordinance would be adopted at the next meeting.
Open to the Floor for Public Comment – Ms. Paulette Schulte, 10609 Calumet Avenue, Dyer – inquired if the new development would connect to Saddle Creek, would there be an access to Calumet Avenue and how many units there would be. Discussion ensued.
Closed to the Floor
Ms. Teibel motioned to consider Ordinance #1422 on first reading only. Seconded by Mr. Pearson. Motion unanimously passed.
Chief Frego mentioned that a 5K run sponsored by Suncrest Church is scheduled for September 9th.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Pearson motioned to adopt Ordinance #1423. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Mr. Pharazyn stated that the drainage project is complete for Sierra Pointe; he received proposals for the Keilman project and that Robinson Engineering is working on the Larimer Park drainage project.
Mr. Sobek requested permission for the People with Special Needs to have a night designated for them during the Christmas in the Park event on December 5 or December 6, 2006. Discussion ensued, permission was granted for December 6, 2006.
A unidentified woman wanted to address the Council with her concerns regarding the status of purchasing a home in town and a problem she is experiencing. She was advised to meet with Mr. Kil after the meeting.
Mr. Fryzel commented on the vandalism that occurred Tuesday night at the Lake Hills Clubhouse and wished a happy birthday to Ms. Teibel.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – Mr. Kil stated that this Ordinance comes with the recommendation from the Waterworks District. He added that the last water rate increase in the town was on July 8th, 1991, and authorized by Ordinance #866. Compared to other communities, the cost of water in St. John is average to low. For the average user (about 7,500 gallons per month) this rate increase will be about $2.50 per month. The Town’s financial advisor, H J Umbaugh and Associates, has also recommended this rate increase.
Town Council comments – Mr. Fryzel stated that many residents questioned the capability of the town going to Chicago water. Umbaugh & Associates did a feasibility study of what the cost would be if Lake Michigan water were accessible. The cost would be $18.6 million dollars, would be accomplished through a bond issue and the residents would expect a rate increase per household of 165% of what they are paying today.
Open to the Floor for Public Comment – None
Closed to the Floor
Mr. Kil stated that for clarification of the effective date of this ordinance that the motion reflects an effective date of August 15, 2006, which is retroactive two days that would coincide with the billing cycle.
Ms. Teibel motioned to adopt Ordinance #1408 with a stipulation that it is retroactive and effective the 15th of August 2006. Seconded by Mr. Pearson. Motion unanimously passed. New Business
Ms. Teibel motioned to accept the proposal from Lindco Equipment Sales in the amount of $22,908.00 and to incorporate into the motion the comments made by the Town Attorney. Seconded by Mr. Pearson. Motion unanimously passed.
Chief Frego also mentioned that the department is in the process of establishing a police eligibility list. The prior list expired in March of this year. Application packets costing $30.00 are being handed out as of Tuesday; they have until the end of August to receive them. September 15th they are due back completed. Testing will proceed after the September 15th date every Saturday until complete. The test will be purchased by a company, Standard and Associates, that provides testing for police officers and will cost $12.50 per test and has been approved by the Police Commission. If the company corrects the test the cost will be $22.50 per test. Discussion ensued.
Ms. Teibel motioned to amend the agenda to encompass the Police application fee of $30.00 for the applications, $12.50 to be paid to Standard and Associates for the make up of the test per candidate with the stipulation that the Police Commission members will correct the tests. Seconded by Mr. Pearson. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – Mr. Kil stated that this is a small parcel of property that lies just west of the Edgewood Subdivision off of Beall Street. He mentioned that the petitioner, Dr. Brandon Docter, is in the audience, that that he is going to be annexing the property in as R-1 and then proceeding through the subdivision process for a small three-lot subdivision.
Town Council Comments – None
Open to the Floor for Public Comment
Denise Peterson, 9244 Eggert Lane - stated that the property backs up to her and questioned the location of the proposed property to be annexed. She asked if the easement for utilities would go through her property and Mr. Kil explained the process and the notification that she would receive in relation to the subdivision process. He stated that the utilities and the easements have not been finalized yet and mentioned the possibility of approaching homeowners for easements and if unsuccessful, than the utilities would probably go through 93rd Avenue. Discussion ensued.
Belinda Ivetich 14576 93rd Avenue – stated that her property sits directly west of their property, across the street and asked how big the lots would be. She stated that she does think they are big enough to divide into three. Mr. Kil stated it is definitely big enough to do three lots and that it would be almost identical to the lots in Edgewood, between 15 – 20,000 sq. feet.
Elfine Fernandez, Biel Street – asked how this annexation would affect the people on that block of Beall Street. Mr. Fryzel stated that the town is not going after the property; the property owners have come to the town for annexation.
Closed to the Floor
Town Council Action – Mr. Pearson motioned to consider Ordinance #1426, on first reading only. Seconded by Ms. Teibel. Motion unanimously passed.
Opening Remarks – Mr. Kil stated the total budget estimate for 2007 is $9,182,175.00 and that the budget is always published high, you cannot publish low. The normal and customary increase in the budget is actually just around 4% and the State has been decreasing that. We always go into the meetings with the State Board of Accounts and the DLGF with the hope they will get a little bit of a break meaning more of an increase for the towns’ growth factor as the town is one of the fastest growing communities in the State. Also, he stated that the State still is not on a regular budget payment basis
Town Council comments – None
Open to the floor for Public Comment – None
Closed to the Floor
Town Council Action – Mr. Pearson motioned to consider Ordinance #1425 on first reading only. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Volk also stated that he is not receiving his e-mail on the Town website. Ms. Teibel stated that there is a glitch and she will show him how to get around it. Discussion ensued regarding the efforts to get the problem resolved and that the e-mail was down.
Ms. Teibel stated that as the Town Council Liaison to the I.T. Department they want to get the imaging system set up in the Clerk’s office. She asked Ms. Sury if she received the memorandum requesting information to be forwarded and Ms. Sury stated that she just received the request. Discussion ensued as Ms Sury stated that she needed to explain to Ms. Fletcher how copies of the records could be supplied since the originals must be maintained in the Clerk’s office.
Mr. Fryzel stated that when the developers come in for commercial buildings in town they will be required to bring an additional set of plans that will be given to the Fire Chief. And budget wise, he requested that the Waterworks and Sanitary District Members also receive a copy of the budget for public works and the clerk’s office.
Mr. Pharazyn stated that the Keilman Street drainage project has begun and he expects the project to be completed mid to late next week.
Chief Frego asked that the board amend last week’s motion to enable the testing company to grade the tests. Ms. Teibel motioned to add the $10.00 for correction purposes to the company awarded the application to pay for the correction (total cost $22.50). Seconded by Mr. Pearson. Motion unanimously passed.
Chief Frego referenced the two officers killed near Terre Haute. He stated that this group was at the St. John police station Monday to honor a fallen officer Town Marshall James Larimer and is part of the COPS group that is Companions of Police Survivors. In lieu of flowers they are requesting donations to this organization. Chief Frego requested that the Town Council approve that the St. John Police Department donate $400.00, $200.00 in each officers name to that group. The funds would come from the Police gift fund. Mr. Pearson motioned to approve the sum total of $400.00 for donation to the COPS fund on behalf of the officers involved; former Chief Gary Martin, Lake County and Lt. Gary Dudley, Indiana State Police. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Kil asked the Town Council to reimburse the Fire Department for their festival expenses in the amount of $7,618.00. He stated that cable TV money has been received and are in a position to reimburse the Volunteer Fire Department. He also asked the council to authorize payment to SBC or AT&T in the amount of $21,375.00 to satisfy the contractual obligation for the cabling of public works and town hall which is done. Mr. Barenie motioned to approve the above expenses and authorize the Clerk-Treasurer to pay those. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Kil stated that the first floor decking of the public safety facility is ready to be put on. The decking is made of Flexicore; however, the town is unable to get their shipment of Flexicore and will be unable to do so until September 18th. In the beginning of July the company went on strike for five weeks. Since that time 14 of the 24 employees did not come back. Discussion ensued.
Mr. Mainwaring provided an update on the status of the red drop boxes located at the Car Wash site and that they will be removed. He also mentioned that he is hosting a Code Enforcement Officers’ meeting on September 13.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel introduced Ms. Jeanann George from IDEM, stated that the public hearings being held tonight were scheduled and asked her to explain to the Council the need for this action.
Resolution #06-09-21, a resolution as required by the Indiana Department of Environmental Management Recycling Grant Program - Purchase of Wood Chipper.
Resolution #06-09-21A, a resolution as required by the Indiana Department of Environmental Management Recycling Grant Program - Purchase of Combination Leaf Vacuum and Street Sweeper.
Ms. George stated that IDEM has a requirement of the recycling grant resolution; it speaks to the fact that the town has considered potential displacement and no displacement was expressed. The recycling grant resolution also commits the town to the matching cash that is required, it commits the town to accomplish grant funded activities within 12 months of the execution date of the grant agreement and also agrees to provide the required reports that IDEM has. This is the typical resolution that IDEM requires of all recycling grant applicants.
Mr. Kil stated that the matching money is contingent upon monies being receipted in from the Solid Waste Management District and if the money is not received they might need to postpone the grant.
Ms. George stated that at any point in the recycling grant process, a community could change its mind. Even after the agreement contracts basically have been signed. There is no penalty to a community to inform IDEM that it has chosen not to pursue recycling grant funded activity. If a resolution is not passed before September 29th the town will automatically not be considered for this round. She anticipates the town would not have the approval to spend the money until March of 2007 based on all the paperwork that is required once the grant is approved. The town would then have from the execution date of March 2007 through March 2008 to make grant funded purchases.
She also mentioned the maximum grant amount for the combination leaf vacuum and street sweeper to be $25,000. IDEM does not fund it at 50% because IDEM believes a street sweeper could be used year round. They will fund it for the period it is operating collecting leaves. An additional $5,000 is to fund a household educational brochure.
Ms. Teibel motioned to adopt Resolution #06-09-21. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Pearson motioned to adopt Resolution #06-09-21A. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Teibel motioned to consider Ordinance #1427 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Pearson motioned to adopt Ordinance #1427. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Fryzel thanked all the departments for coming together and doing a great job during the storm.
Chief Frego read a letter into the record that he received from the Lake Central School Corporation thanking them for the donation of the police squad car, Exhibit A.
Mr. Mainwaring was requested to report on the Code Enforcement Luncheon. He stated that eight towns were represented, it was a success, the luncheons will be done quarterly and that Schererville will host the next one.
Chief Frego provided details for the scheduled retirement party that would be given for Officer Conaway.
Roger Scott, 11732 105th Street – advised that there is an ongoing runoff problem on 105th Street (Homestead Village) and provided photographs. Discussion ensued. Mr. Fryzel stated the town engineer would look into the matter along with Mr. Pharazyn the next day.
Grace Olenick, 11721 West. 105th – stated that she is having the same problem as Mr. Scott. Since the new homes have been built behind them, there is a lot of water coming into their back yards. Discussion ensued. Mr. Fryzel stated that Mr. Faberbock and Mr. Pharazyn would also come out to her home the next day.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel asked to amend the agenda to announce that Corporal Rick Conaway retired from the Police Department today and will be the new Animal Control Officer in January. Chief Frego, Mr. Fryzel and Mr. Pearson extended congratulations to Officer Conaway as they presented a plaque to him recognizing his dedicated years of service.
Ms. Teibel motioned to adopt Ordinance #1430. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Teibel motioned to enter into the contract agreement with the South Lake County Community Services Incorporated for the period of October 1, 2006 to September 30, 2007. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Sury asked for permission to pursue a recycling program for used cell phones and ink cartridges with Waste Management and explained that the town would receive some money from Waste Management for the recycled items. Discussion ensued. The Council agreed Ms. Sury could research this matter.
Mr. Sobek stated that the Town Council would consider the use of CDBG funds to put in the sidewalks at Heron Lake this fall and some of the patchwork on the entryway into the softball fields at Heartland Park with approval at the next meeting.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Chief Frego announced the Halloween hours will be from 5:00 P.M. – 7:00 P.M. on Halloween night, October 31, 2006 and he will meet with Janet Dominguez to set up the parade route.
Mr. Kil stated that he has been out there countless times. When Mr. Barrick was ready to sod the property, Brooke Conaway demanded that he leave the property immediately. Mr. Mainwaring was with him at this time. Mr. Kil tried to tell Ms. Conaway they were ready to sod and complete the project and she said absolutely not. Mr. Kil instructed Mr. Barrick to leave the property pursuant to her request and not to return because she demanded that everyone leave. Mr. Kil told her they were there to do the work, Mr. Barrick is there to complete it, they are in the final stages of the project and they were not coming back. Ms. Conaway said fine.
Ms. Conaway said that she called the police at that time and asked Mr. Kil not to talk to Mr. Barrick until the police arrived and Mr. Kil went back there anyway. Eric Anderson arrived five minutes later, made a police report, everything is documented and this occurred on August 15th. Discussion ensued.
Mr. Fryzel stated that they were there to do the work. He asked if the problem she had was because Mr. Barrick showed up on her property and she was unaware that he was going to be there. She stated that she did not want him on her property due to the pending litigation she has with Mr. Barrick.
Mr. Kil asked Ms. Conaway to read the letter from her attorney. She read “this will be regrading and planting of the properties at the full expense of Barrick Builders”. Mr. Kil stated it did not say who would be doing the regrading; they are doing it at their sole expense.
Ms. Conaway said on April 20th Mr. Kil gave her the new grading plan and told her that Snow Excavation would be doing the work. Mr. Kil also told her that Barrick would be responsible for footing the bill and making sure that the landscaping would be done. Mr. Kil did not know nor did he think Mr. Barrick was capable of doing the actual sodding due to his physical imparities. Discussion ensued. Mr. Kil stated that Mr. Barrick was the only one capable of operating the equipment to move the sod to the back yard, to allow the laborers to install the sod. Mr. Barrick was not physically installing sod on the property.
Mr. Fryzel stated that Mr. Barrick would sod the property like he was supposed to. He has to do this for the town because they told him about the drainage problem. He had to fix this problem, he has to sod the yard and not be on the property. Have his guy sod the yard for him. Because of the litigation he should not be on the property in the first place. It is a separate issue with the town and his concern is that the town take care of the issue they have with the drainage and getting the sod in there. That’s it.
Mr. Kil asked that the town attorney be involved with him. Ms. Conaway stated they have a conflict of interest with the attorney because she hired him to begin with. Mr. Austgen stated she did not hire him. Ms. Conaway stated she hired his firm. Discussion ensued.
Ms. Meredith Bickell, 9765 Hart Street – she wanted to state for the record that she met with Steve Kill, brought videotape and has had several conversations with him. From the get go Mr. Kil said Mr. Barrick himself would not sod the property that he was to hire a landscaper. That is why she personally agreed to go ahead and have the town take care of the problem. She asked that the town confirm this in a letter, which did not happen. Mr. Fryzel stated this was confirmed in the letter from their attorney. He also stated they will get their sod and Mr. Barrick will not be on the property.
Mr. Mike Forbes, 12466 West 105th Place – stated that a few months ago a resident complained about (garbage) juice on the street and it seemed that immediately following the complaint from that resident, White Oak Manor got inundated. The streets in White Oak Manor are just awful and it seems that whenever someone complains, the problem moves to another part of town. Mr. Fryzel asked Mr. Kil to have the area power washed. Discussion ensued. Mr. Kil asked the council to authorize the re-bid of the waste contract along with the anticipated opening of the bids to be in December. Ms. Teibel motioned to authorize the re-bid of the waste contract. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Mr. Forbes also asked if there has been an accounting of the St. John Family Fest at the Ice Arena for this year. Ms. Sury stated that they have one report and that it needed to be updated. The Fire Department has now been reimbursed and that the report could be completed now and distributed to the Council. Mr. Forbes could then make a public information request for the information.
Mr. Mainwaring stated that he received several complaints about the trucks and has taken pictures of some of the spots the trucks have been leaving on the streets. Mr. Fryzel stated that if Mr. Mainwaring sees a truck leaking, they should shut the truck down and have it removed from the town. Mr. Mainwaring stated that the foreman told them that they would come out and power wash and this has not happened. Mr. Kil stated that in the past, he has withheld payment until they power wash. Mr. Fryzel asked that the town withhold this month’s payment and he will personally notify Ms. Sury when payment can be released.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Muenich provided the opening remarks, distributed a handout, and stated that he represents Ray and Marilyn Wachter and Frank E. and Shirley M. Schilling. He referenced a map from the Lake County Tract Book, provided background on the property owners and the relationship of the prayer trail on the property. The area for annexation was described to be like a pie slice triangle and asked for a waiver of the posting of a sign, the parcel is 1320 feet from Rt. 41. Discussion ensued and Mr. Austgen recommended a waiver of this sign posting on the parcel.
Mr. Pearson motioned to consider Ordinance #1429 on first reading. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Mr. Pearson motioned to grant a waiver to the posting of a sign in the parcel. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Ms. Teibel stated that as liaison to the IT Department, she has received phone calls inquiring why the minutes of the meetings are not being loaded onto the website. The minutes need to be stored on the local network. After any board or commission approves their minutes they can be uploaded to the town’s website. Ms. Sury stated that hers have been stored there and discussion ensued. Ms. Tina Fletcher will contact the individuals to train them to upload to the F drive.
Mr. Kil also stated that the Safety Village is up, operating and going very well. Both Mr. Kil and Chief Frego sit on the board. There is an amendment to the by-laws that will appear before the Council in November as well as a request for next year for all the towns to get together and each donate $5,000.00 for the construction of a Town Hall in the Village.
Chief Frego added that there was a meeting with the Chief’s of Police. The Police Station in the Village is now under construction. The exterior has been completed. A meeting will be held next Thursday to discuss the interior design. They anticipate to be fully operational in the beginning of the 2007/2008 school year with 3-4 groups coming through per week for 4-hour sessions. The will meet with Lake Central School Corporation’s Curriculum Director to be part of the field trip process.
Mr. Fryzel thanked all the members from the town for taking all the time and making it personal and making sure everything is done right.
Mr. Pharazyn mentioned that a resident from 105th Avenue appeared before the council about two months ago. He had some concerns with the amount of storm water that was flowing from his back property. Mr. Pharazyn stated that he corrected the problem with the addition of a couple of manholes. There is still some rear yard grading to redo but they were able to make that repair. Mr. Fryzel asked about the one across the street from Weston. Mr. Pharazyn stated that he met with the excavator that did the rough grading work in that subdivision, Mr. Larry Nelson from Nelson Excavating. He agreed to reinstall a swail in the rear yard that should solve the majority of that problem. Erosion occurred in the year and a half the area has been under construction. He has not verified that the work has been completed and will do so. They also spent some time with the residents explaining some of the problem could be corrected with some steps they could very simply take that were issues on their property. Between the two things happening, their problems should be solved also.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to adopt Ordinance #1431. Seconded by Mr. Barenie. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1432. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1433. Seconded by Mr. Barenie. Motion passed with 4 yeas and one abstention by Mr. Volk.
Ms. Teibel motioned to adopt Ordinance #1434. Seconded by Mr. Barenie. Motion passed with 4 yeas and one abstention by Mr. Volk.
Mr. Fryzel asked Mr. Austgen if this would take care of both of the items for compliance with the State Board of Accounts. Mr. Austgen responded that this would take care of the items referencing this matter and added that there are a couple of items to complete yet.
Chief Willman thanked the Town Council for passing the Open Burning Ordinance.
Mr. Kil mentioned that the Safety Village is holding a fundraiser tomorrow night and a dinner/dance fundraiser will be held in February. He also gave a construction update. Through the end of October there were 253 residential permits issued, five commercial permits and one industrial permit. The fees collected so far this year are $2,104,950.26 through October.
Mr. Kil also stated that the Senate enacted Senate Enroll Act 55 extending the drop for the members of the 1997 fund. He asked Mr. Austgen for clarification. There are two officers that expressed interest in this. Discussion ensued.
Tim Boyle, 8442 Magnolia – Mentioned that his developer said a park was to be built in his subdivision when he purchased the lot. He has since been told that an ordinance was passed giving an amount of money per lot to the Parks Department for parks. He asked what ordinance was in effect for his property referencing the phases of this subdivision. Mr. Kil answered that the only place there is a park in Kilkenny is the land that was donated which is adjacent to Edgewood Park. He added that Kilkenny was just in front of the Plan Commission. Mr. Boyle asked if a pathway could be made to the park. Mr. Kil stated that there is a preliminary plan that has been approved in concept by the Plan Commission and they are waiting on the developer. Discussion ensued. Mr. Fryzel referenced the Lake Hills development, which was not allowed to go to the next phase until all commitment for parks and sidewalks had been met. He added that he would meet with Mr. Kil and Mr. Kennedy, the developer, on this matter.
Mr. Volk requested the status of the eastside annexation (Tiburon & Grouse Pointe). Mr. Kill stated that they are in the process of gathering all the parcel data and all the assessed value data. Discussion ensued.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Pearson motioned to take the bid under advisement. Seconded by Mr. Barenie. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1435. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Tom Hausier, 10784 Schneider Place – read a statement prepared by his wife referencing the Plan Commission meeting the developer attended. The statement stressed the neighborhood and family atmosphere of the subdivision and also mentioned the developer has made settlement offers to purchase several homeowners property in that subdivision. The Hausiers operate their business, Dyno Jump, from their home.
Mr. Roger Scott, 11732 West 105th Street – stated that he attended the September 21st meeting and presented photographs to the Council of his backyard after medium to heavy rainstorms. Mr. Kil and Mr. Pharazyn came out to his house, followed by contractors, a plan was set, remedial action was taken, and he would like to thank the Council. He will see what happens in the spring rains.
General discussion followed regarding the distance between the buildings, the proposed site plan, the buffer zone and the Lee Residence. Mr. Kill stated that the access to Schneider Place would not change.
Mr. Frank Guzenski, 10832 Schneider Place – stated that the property previously referenced is just north of him and is a slum in his opinion. The town has taken the owner to court twice and nothing has been done. He called the health department who said it is the town’s problem. Discussion ensued, (tape inaudible). He asked with whom the contract is with, the house is deserted.
Mr. Hausier’s stated that his understanding is that the detention pond is runoff water from the parking lot. Most of the homes in the subdivision have private wells, do not have town water, and their concern is about the runoff from many cars and their wells. Discussion ensued.
Mr. Wieser stated that he is not able to answer subdivision questions now because nothing has been engineered which does not happen until the property is rezoned.
Ms. Teibel motioned to adopt Ordinance #1438 with the stipulation of an adequate quality buffer zone (tape inaudible) and with the entry of the Zoning Commitment as presented in form and content acceptable to your terms. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Barenie motioned to adopt Ordinance #1437. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Barenie reported that the Tidy John was removed from Heartland Park.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer