Town Council Meeting Minutes 2023

CALL TO ORDER:

Town Council President Gerald Swets called the St. John Town Council Meeting to order on Wednesday, January 11, 2023 at 7:01 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Michael Schilling, Councilman; and Gerald Swets, President.

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and David Westland, Town Attorney.

NEW BUSINESS:

Mr. Pondinas asked to move the Election of Officers to the beginning of the meeting. Mr. Swets responded that the agenda will stay in the order as posted.

A. Financial Matters of the Corporation

i. Motion to approve an Agreement with K2M for St. John Fire Station Needs Assessment/Concept Design amount not to exceed $16,000

Mr. Wiszowaty reported that K2M made a presentation to the Town Council at the last meeting with a favorable recommendation from the Board of Safety. Mr. Blazak made a motion to approve the Agreement with K2M for the St. John Fire Station Needs Assessment. Mr. Schilling seconded the motion. Motion carried with 5 ayes and 0 nays.

ii. Motion to authorize the Clerk-Treasurer to remit payment of $53,000 for the Groen Settlement from the Fund Balance in the Cumulative Capital Development Fund (#4402)

Mr. Westland explained that the Town sent a uniform offer in late 2019 to Mr. Groen regarding property required for the widening of Parrish, which was rejected. The construction on the road was completed without finalizing any compensation. Now Mr. Groen and his attorney contacted the Town to negotiate the price. Mr. Schilling made a motion to authorize the Clerk-Treasurer to remit payment of $53,000 for the Groen Settlement. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

B. Ordinances and Resolutions

i. Ordinance No. 1789: An Ordinance creating a Department of Parks and Recreation and repealing and/or amending Chapter 15, Parks and Recreation

Mr. Wiszowaty explained that the ordinance reestablishes the Parks & Recreation Board. Mr. Aurelio made a motion to consider Ordinance No. 1789 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

ii. Resolution No. 2023-01-11: A Resolution declaring an emergency and approving an extension for repayment of loans until not later than December 31, 2023

Mr. Wiszowaty reported that this resolution allows for a loan from the Cumulative Capital Development Fund (4402) to TIF #1 Fund (4445) as recommended by Cender Dalton in order to make the payment on the bonds. On December 21st, 2022, the County Auditor’s office certified the December tax distributions to each of the units of the County. The Target Corporation filed a tax appeal in November 2021 for their 2015 to 2020 assessed valuations. The notice of determination by the Indiana Board of Tax Review should have been sent to the Town Officials on the date the case was settled back in November 2021. The appeal was unexpected, and the Town now struggles to make the payment for the 2018 Redevelopment District Bond amount. It is the recommendation of Cender Dalton to approve the loan and extend the repayment of the loan until December 31, 2023. The Town will continue to assess the impact of this discovery, what our options are, and continued recommendations. Mr. Wiszowaty reported distributions from prior years. The Council members asked some additional questions and a discussion ensued.

Mr. Aurelio made a motion to approve Resolution No. 2023-01-11. Mr. Schilling seconded the motion. The motion carried with 5 ayes and 0 nays.

iii. Resolution No. 2023-01-11A: A Resolution providing for the transfer of appropriations for the various funds of the Town of St. John, Lake County, Indiana, for the Year 2022, for the Actions and Passable by the Town Council pursuant to IC 6-1.1-18-6 (Water District)

Mr. Wiszowaty explained that this resolution allows for various transfers of $30,739.98 appropriated funds within the Water District for FY2022. Mr. Blazak made a motion to approve Resolution No. 2023-01-11A. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

iv. Resolution No. 2023-01-11B: A Resolution providing for the transfer of appropriations for the various funds of the Town of St. John, Lake County, Indiana, for the Year 2022, for the Actions and Passable by the Town Council pursuant to IC 6-1.1-18-6 (Sanitary District)

Mr. Wiszowaty explained that this resolution allows for various transfers of $71,772.50 appropriated funds within the Sanitary District for FY2022. Mr. Blazak made a motion to approve Resolution No. 2023-01-11B. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

C. Council Action

1. Motion to remove a specific appointed member of the Board of Safety for cause pursuant to 18-1(e) and 16-47 of the St. John Town Code and Indiana Code 36-8-9-3.1 (a)(6)

Mr. Blazak made a motion to remove Rob Kmetz from the Board of Safety immediately. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

2. Consider Appointment of a specific individual(s) to the Safety Board

Mr. Swets reported that there are two (2) positions to fill, one position being a citizen appointment and one position being with Fire experience. One of the candidates is Randy Palmeter for the citizen appointment and Scott Swets for the Fire appointment. Mr. Blazak made a motion to approve. Mr. Schilling seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

3. Motion to remove specific appointed members of the Stormwater Management Board pursuant to 2-102 of the St. John Town Code

Mr. Swets reported that the Council is removing Bill Manousopoulos and Joseph Gomeztagle from the Stormwater Management Board effective immediately.

4. Consider Appointment of specific individual(s) to the Stormwater Management Board

Mr. Swets reported that the recommendations are Ken Gembala, Democrat to expire December 31, 2023 and Vanessa Merkle, Republican to expire December 31, 2024. Mr. Blazak made a motion to approve the candidates. Mr. Aurelio seconded the motion. Motion carried with 3 ayes and 2 nays by Mr. Pondinas and Mr. Schilling.

5. Motion to approve an Independent Contractor Agreement with Michelle Velez

Mr. Wiszowaty explained that this is for a Communication Event Coordinator. Mr. Aurelio made a motion to approve the Independent Contractor Agreement with Michelle Velez. Mr. Schilling seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

ELECTION OF OFFICERS – 2023

A. Town Council President (effective meeting of January 25, 2023)

Mr. Aurelio nominated Mr. Schilling for President. Mr. Blazak nominated Mr. Swets for President. The following voted via roll call vote: Mr. Aurelio-Schilling, Mr. Blazak-present, Mr. Pondinas-Schilling, Mr. Schilling-Schilling, Mr. Swets-Schilling. Michael Schilling is appointed as President with a 4-0 vote, with 1 present by Mr. Blazak.

B. Town Council Vice-President (effective meeting of January 25, 2023)

Mr. Blazak nominated Mr. Swets for Vice-President. The nomination is approved with 4 ayes and 1 nay by Mr. Pondinas.

ADJOURNMENT

A motion was made to adjourn. The Town Council Special Meeting was adjourned at 7:20 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 25th Day of January, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Meeting to order on Wednesday, January 25, 2023, at 7:27 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and David Westland, Town Attorney.

PUBLIC COMMENT:

Vanessa Knutsen 11745 W. 105th Ave.: Ms. Knutsen addressed concerns with the Town Council decisions with the Park Board, Park Advisory member selections and other members removed from other Boards. She questioned the purpose for those decisions and asked the residents to pay attention to the actions of the Council.

APPROVAL OF MINUTES:

Town Council Regular Meeting – December 29, 2022
Town Council Special Meeting – January 11, 2023

Mr. Blazak made a motion to approve the December 29, 2022 Regular Meeting Minutes and the January 11, 2023 Special Meeting Minutes. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

BID OPENINGS:

Mr. Westland confirmed the proofs of publication are in order for both bid requests.

1. 93rd Avenue Project
Milestone Contractors North - $3,850,781 base bid, with Alternative 1-1 - $72,440
Reith Riley - $4,066,030.98, with Alternative - $72,440
FH Paschen - $3,686,221.31, with Alternative - $72,735.79

Evan Laviolette, with First Group Engineering, addressed concerns with the timetable on construction if not approved at this meeting and suggested granting the Town Manager authorization to approve the contract, based on First Group’s recommendation. Mr. Blazak made a motion to accept the bids under advisement and pending engineering review, allow the Town Manager to execute. Mr. Swets seconded the motion. Mr. Wiszowaty confirmed that the recommendation will be shared with the Council and the Clerk. Motion carried with 5 ayes and 0 nays.

2. Parks Grass Mowing for 2023
Great Lakes Management - $2,670 per week for a total of $77,430.

Mr. Aurelio made a motion to defer to the Park Advisory Committee or upon the creation of the Park Board. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

OLD BUSINESS:

1. Ordinance No. 1789: An Ordinance creating a Department of Parks and Recreation and repealing and/or amending Chapter 15, Parks and Recreation

Mr. Blazak made a motion to adopt Ordinance No. 1789 on second reading. Mr. Aurelio seconded the motion. Mr. Pondinas addressed a concern regarding a newspaper article and how it is perceived that he is against the Park Board because he voted nay in the last meeting. He stated he is not against the Park Board, but against the action that was taken previously. He listed off accomplishments of the previous Park Board. Mr. Pondinas asked Mr. Westland if the Town would need a Park Board to qualify for grants. Mr. Westland responded that he is not fully knowledgeable about the subject, but that there are some that require it. Mr. Aurelio mentioned some issues with a couple of Parks projects that did not get completed as scheduled. Motion carried with 5 ayes and 0 nays.

2. Motion to rescind prior Town Council Action which authorized payment of no greater than $297,650.00 for certain right of way and construction access at 11211 W. 93rd Avenue, St. John, Indiana

Evan Laviolette, first Group Engineering, explained that the original number provided was under the assumption that the Church was going to be donating the permanent right-of-way, as well as the improvements, trees, landscaping and fence. The Church, after review, opposed the offer as they stated the home, itself, is worth $315,000 per their independent appraisals. The proposal now would be to pay them for the temporary right-of-way and the home, which brings them closer to the $309,000.

Mr. Swets reported that he received a request from someone whether it was possible to purchase the building and move it, as it is a historical building. Mr. Laviolette responded that it could become part of the process, but would not know the cost. A discussion continued on the topic of moving it. Mr. Laviolette added that it wouldn’t affect the project for much of it and they would pull the demo cost from the project.

Mr. Aurelio made a motion to rescind prior Town Council Action which authorized payment of no greater than $297,650.00 for certain right of way and construction access at 11211 W. 93rd Avenue, St. John, Indiana. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Motion to acquire certain property for public right of way and construction access at 11211 W. 93rd Avenue, St. John, Indiana for no greater than $309,600.00, and to authorize the Town Manager to sign the offer, agreement, closing documents, and any other related documents for FY2023 West 93rd Avenue & U.S. 41 Intersection

Mr. Blazak made a motion to acquire certain property for public right of way and construction access at 11211 W. 93rd Avenue, St. John, Indiana for no greater than $309,600.00, and to authorize the Town Manager to sign the offer, agreement, closing documents, and any other related documents for FY2023 West 93rd Avenue & U.S. 41 Intersection. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

Ms. Hernandez reported that there are 11 Requests to Purchase: 1 for Austgen Electric, 2 for Bosak Ford, 1 for Fence Masters, 1 for Fire Services, 1 for HECC, 1 for Mad Bomber, 1 for Precision Concrete, 1 for Superior Engine, 1 for Vigilant Solutions and 1 for Webb Ford for a total of $268,317.42.

Mr. Swets made a motion to pay the Requests to Purchase in the amount of $268,317.42. Mr. Blazak seconded the motion. Mr. Pondinas reported that two (2) Requests to Purchase were received today for two (2) vehicles, one for the Building Department and one as a Town pooled vehicle, coming out of ARPA funds. He said that the Town didn’t need the pooled vehicle at this time. A discussion about the vehicles ensued. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

2. Payment of the Bills

Mr. Swets made a motion to approve the Accounts Payable Voucher dated January 25, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,577,275.15. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Consider encumbrances for FY 2022 totaling $517,302.74.

Mr. Blazak made a motion to consider encumbrances for FY 2022 totaling $517,302.74. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

ORDINANCES AND RESOLUTIONS:

1. Resolution No. 2023-01-25: A Resolution authorizing Appropriation Transfer

This resolution authorized the transfer of appropriations within the 2023 budget for the American Recovery Plan Act funds for the Police Department in the amount of $197,002.00, from Fire equipment to uniforms, contractual and vehicles. Mr. Swets made a motion to approve Resolution No. 2023-01-25. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

B. Council Action

1. Consider Agreement of Services between St. John Township and the Town of St. John for firefighting and other emergency service protection for 2023

Ms. Cathy Lareau, St. John Township Trustee, referred to the Agreement which is mandated by State statute to be executed by January 31st. She added that the Agreement is the same as last year with the exception of a Board approved 5% increase. Mr. Aurelio made a motion to approve the Agreement of Services between St. John Township and the Town of St. John for firefighting and other emergency service protection for 2023 and authorize the Town Council President to sign. Mr. Pondinas seconded the motion. Motion carried with 4 ayes, 0 nays and 1 absent by Mr. Blazak.

2. Amendment to Interlocal Governmental Agreement by and between the Town of St. John, Schererville and Lake County, Indiana

Mr. Wiszowaty explained that the numbers were corrected to reflect the actual amounts due from each entity with respect to the W. 85th Avenue project. He provided the corrected dollar amounts due from Schererville and Lake County. These amounts were paid out of the General Fund and will be reimbursed accordingly. Mr. Aurelio made a motion to approve the Amendment to Interlocal Governmental Agreement by and between the Town of St. John, Schererville and Lake County, Indiana and authorize the Town Council President to sign. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Consider Acceptance of Performance Surety for St. John Commons, Phase 1 in the amount of $158,289.00 (Received Favorable Recommendation from the Plan Commission on January 4, 2023) Irrevocable Letter of Credit issued by Peoples Bank, NA

Mr. Aurelio made a motion to consider acceptance of Performance Surety for St. John Commons, Phase 1 in the amount of $158,289.00. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Consider Independent Contract Agreement with Soccer Shots Northwest Indiana for 2023 Soccer Program for the Parks and Recreation Department

Mr. Blazak made a motion to defer the Independent Contract Agreement with Soccer Shots to the Parks Board. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Consider appointments of specific individuals to the Parks and Recreation Board

Mr. Aurelio explained that the Board requires a specific mix of political affiliation, therefore he asked to consider the same members from the Committee that fit the mix. Mr. Aurelio made a motion to nominate Mr. Moffitt to a four (4) year term, Mr. Beezhold to a three (3) year term, and Ms. Toosley for a two (2) year term. Mr. Swets seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

6. Appointments of Council Liaisons

Mr. Schilling reported that the liaisons will remain unchanged from 2022. Mr. Blazak will serve on the Board of Zoning Appeals, the Plan Commission and the Storm Water Management Board. Mr. Aurelio will serve on the EDC and the Park Board. Mr. Pondinas will serve on the Water and Sanitary Boards. Mr. Swets will serve the Safety Village and NIRPC. Mr. Schilling will serve on the Safety Board, the Lake County Solid Waste and the Chamber of Commerce. Mr. Aurelio made a motion to approve the Liaisons as listed. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

STAFF REPORTS & CORRESPONDENCE:

Town Engineer - Tom Nagel, Robinson Engineering LTD: Mr. Nagle prepared a report summarizing the activities from the past three (3) months, and described the action and status of each.

Special Project Engineer - Evan Laviolette, First Group Engineering, Inc.: Mr. Laviolette provided updates on the 93rd Avenue project and what types of activities will be starting. The job should be completed by the end of November. He added that First Group has a massive detour mapping underway.

Town Manager - Joseph Wiszowaty: Mr. Wiszowaty reported that the Town was approved for the CBDG grant for 2022-23 for $80,456 for the pathways at the Gates Park. The Town submitted the application for the CCMG-23.

Clerk-Treasurer - Beth Hernandez: Ms. Hernandez explained that they did not have any requests for write-offs for sanitation for 2022. She reported on uncollectable accounts, billing totals, and the status of the investments.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Regular Meeting was adjourned at 8:34 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 22nd Day of February, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, February 16, 2023, at 7:00 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and David Westland, Town Attorney.

STUDY SESSION DISCUSSION ITEMS

1. Riverfront District Licenses

Mr. Westland referred to two documents and described the items that will be in the Ordinance. The Compliance document sets the criteria and the compliance requirements for the liquor licenses for the area. One of the statute requirements is that the establishment must have at least 51% in food sales. Discussion about the proof of sales and compliance ensued. Mr. Westland encouraged the Council members to read through the two documents provided in preparation of adopting the Ordinance on Wednesday. The Formal Written Commitment document commits the establishment to the statutory requirements. Questions and discussion continued about TIF districts and whether TIFs can be extended.

(Mr. Westland left the meeting at 7:20 p.m.)

2. 93rd/US41 Project

Scott Pruit, First Group Engineering, reported that the contract documents are in order and that AT&T submitted a Permit with the Town to relocate their facility by mid-March. He referred to a distributed document with fencing options. Closing documents were presented to the Town for review. The job was awarded under-budget. The anticipated project estimate was $4.1 million and Paschen came in at $3.756 million. The water items are $889,585 and the road items are $2,867,354. Lane closures would begin about mid-March to mid-April and the estimated time of completion is November 30th. Lighting details were discussed. Discussion about the justification of adding the conduit to 93rd Avenue ensued.

3. EMS Write -offs

Mr. Wiszowaty explained that there is a total in uncollectible debt of $265,738.96 for the period of January 1 through June 30, 2022. He read off the breakdown per category. He added that this is completed every six months.

4. PD Speed limit Ordinance Amendment

Mr. Wiszowaty explained that this is an amendment to the Town’s traffic code covering the speed limit and stop signs. The State law establishes a minimum speed limit for urban districts of no less than 25 mph and no greater than 30 mph. Mr. Wiszowaty listed the affected roads and intersections.

5. ARPA Authorization

Mr. Wiszowaty reported an additional need of $415,975.52 be transferred from ARPA. Mr. Pondinas asked for a breakdown on all ARPA expenditures. Mr. Aurelio asked if the Communications Director could publish the ARPA activity on the Facebook page or the Website.

6. Dollars for Scholars

Lake Central requests $500 for the annual Dollars for Scholars program. Ms. Hernandez added that the Council authorizes both Lake Central and Hanover at the same time.

7. Proposed Indoor Storage Facility

Mr. Wiszowaty explained that this is coming to the Council with an unfavorable recommendation from the BZA. He reported that the area they are looking at is unique because of the elevation changes, which makes it challenging for development. The reason this went to the BZA was for a use variance, as storage buildings are not permitted in a commercial area. Mr. Blazak, as the BZA liaison, added that it is an impressive, environmentally controlled facility and provided some insight as to the benefit of the storage facility.

8. Revisions to Town Meeting Schedule

Mr. Wiszowaty reported that the Board of Storm Water Management and the Park Board established their meeting schedules for the year.

9. Stale Dated Checks Resolution

Ms. Hernandez are checks that have remained outstanding for a period of two or more years and need to be cleared from the books.

ADJOURNMENT:

Mr. Aurelio made a motion to adjourn. The Town Council Special Study Session was adjourned at 8:09 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 22nd Day of February, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Meeting to order on Wednesday, February 22, 2023, at 7:12 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and David Westland, Town Attorney.

PUBLIC COMMENT:

There was no public comment.

APPROVAL OF MINUTES:

Town Council Regular Meeting – January 25, 2023
Town Council Special Study Session –February 16, 2023

Mr. Blazak made a motion to approve the Regular Meeting Minutes from January 25, 2023. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Blazak made a motion to approve the Special Study Session Minutes from February 16, 2023. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

PRESENTATION & RECOGNITION:

A. Proclamation Honoring Adam Lung – Eagle Scout

Adam Lung described his accomplishments as an Eagle Scout. Mr. Schilling read the Proclamation honoring Adam Lung. The signed Proclamation was presented to Adam Lung.

B. Proclamation Honoring Trevor Polaski – Eagle Scout

Trevor Polaski’s father described Trevor’s accomplishments as an Eagle Scout. Mr. Schilling read the Proclamation honoring Trevor Polaski. The signed Proclamation was presented to Trevor Polaski’s parents.

OLD BUSINESS:

There was no Old Business.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

Mr. Aurelio asked to have the RTP for Wonderware North pulled. Mr. Aurelio stated that he did not receive a full explanation on the SCADA system, which involves this RTP and seeks further explanation about proprietary software. Ms. Hernandez reported that there are 7 Requests to Purchase: 1 for CDW-G, 1 for EJ USA, 1 for Grimmer Construction, 1 for Hall Signs, 2 for Peerless Midwest, and 1 for Rhomar Industries for a total of $62,729.94. Mr. Pondinas made a motion to approve the eight (8) Requests to Purchase for a total of $68,020.94. Mr. Aurelio amended the motion to withdraw the Wonderware North for a total of $62,729.94. Mr. Dravet confirmed that the price remains until March 30th. Mr. Blazak seconded the motion to amend. Motion carried with 3 ayes and 1 nay by Mr. Pondinas. Mr. Aurelio made a motion to approve the amended motion to pay the $62,729.94. Mr. Blazak seconded the motion. The motion carried with 3 ayes and 1 nay by Mr. Pondinas.

2. Payment of the Bills

Mr. Blazak made a motion to approve the Accounts Payable Voucher dated February 22, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,867,157.27. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

B. Ordinances and Resolutions

1. Ordinance No. 1790 An Ordinance Amending Ordinance No. 1776, as to the designation and regulation of Speed Limits in the Motor Vehicle and Traffic Code of the St. John Code of Ordinances in the Town of St. John, Indiana

Mr. Blazak made a motion to consider Ordinance No. 1790 on first reading. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Blazak made a motion to adopt Ordinance No. 1790 on first reading. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Ordinance No. 1791: An Ordinance Establishing Ten Additional Alcoholic Beverage Permits, Establishing the Criteria for License Allocations and Application Compliance Requirements and Requiring a Formal Written Commitment for Liquor Licenses in the St. John Riverfront Development Project Area

Mr. Blazak made a motion to consider Ordinance No. 1791 on first reading. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Aurelio made a motion to adopt Ordinance No. 1791 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Resolution No. 2023-02-22: A Resolution Authorizing ARPA Funds

Mr. Aurelio made a motion to approve Resolution No. 2023-02-22. Mr. Blazak seconded the motion. Mr. Pondinas asked if they were going to receive the total that was spent. Mr. Wiszowaty responded that it will be distributed to the Council and placed on the website. Motion carried with 4 ayes and 0 nays.

4. Resolution No. 2023-02-22A A Resolution declaring uncollectible accounts of the Town of St. John, Lake County, Indiana as “Bad Debt” and Authorizing Collection efforts to cease and allowing the Town to write off said accounts

Mr. Blazak made a motion to approve Resolution No. 2023-02-22A. Mr. Pondinas seconded the motion. Mr. Aurelio clarified that the majority of this is an unfunded mandate due to Medicare and Medicaid, not that the Town was not able to collect the money. Motion carried with 4 ayes and 0 nays.

5. Resolution No. 2023-02-22B A Resolution to Void State Dated Checks Outstanding and Unpaid for a Period of Two or More Years and all matters related thereto

Mr. Aurelio asked to postpone this action if there is no urgency. Ms. Hernandez responded that there is urgency by law and that it needs to be passed by March 1st. She explained the reason for the resolution and the process by which to remedy any forward action. Continued discussion ensued. Mr. Aurelio made a motion to approve Resolution No. 2023-02-22B. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

C. Council Action

1. Consider Use Variance at 10045 Earl Drive for an Indoor Self-Storage within a C-2 (Commercial Highway) Zone and the US-41 Overlay District.

Mr. Wiszowaty reported that this comes to the Town Council with an unfavorable recommendation from the BZA. Mr. Aurelio made a motion to deny the Use Variance at 10045 Earl Drive. The motion dies for lack of a second. Mr. Westland read the state statute for petition. If no action is taken by the legislative body within 90 days, the action would be deemed approved. Mr. Blazak made a motion to defer. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Consider waiver of Park Impact Fee ($1,868.01) and Road Impact Fee ($2,815.64) for building permit to be issued for 10652 Manor Drive due to house fire.

Mr. Blazak made a motion to waive the Park Impact Fee and the Road Impact Fee for building permit to be issued for 10652 Manor Drive. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Consider Authorizing Contributions $1,000 each to Lake Central and Hanover Township Schools for Dollars for Scholars and authorizing and directing the Clerk-Treasurer to remit contribution

Mr. Blazak made a motion to authorize Contributions of $1,000 each to Lake Central and Hanover Township Schools for Dollars for Scholars. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

4. Consider designating Meyers Glaros Group as the Town of St. John’s Broker of Record

Mr. Aurelio made a motion to defer. Mr. Pondinas seconded the motion. Motion carried with 4 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

1. Revisions to 2023 Town Meeting Schedule

Mr. Wiszowaty explained that this is for informational purposes to be placed on record with the Clerk’s Office as she indicated that no action was needed.

STAFF REPORTS & CORRESPONDENCE:

Beth Hernandez, Clerk-Treasurer: Ms. Hernandez reported that new legislation has taken effect where the Town no longer has to re-establish the CCD fund on an annual basis and will automatically reset to the maximum amount. Therefore, there will be no action required. She explained a distinct difference between the CCD Fund and Cum Sewer and Cum Fire and that the CCD is outside of the Town’s maximum levy. Cum Sewer and Cum Fire is within the Town’ maximum levy, so if those are re-established, the Town would be taking from somewhere else, causing a negative impact in the other fund. Re-establishing Cum Sewer or Cum Fire would need to be done in May.

Tom Nagle, Town Engineer: Mr. Nagle provided updates on current projects:
1. Community Crossing Grant was submitted for a million dollar grant and response expected sometime in May. The project would need to be started within four (4) months of receipt.
2. The Acorn water main has been submitted to IDEM and expect to receive the permit by April 1st.
3. Robinson Engineering is assisting Teska with the Corridors Study and the community workshop is scheduled for March 9th.

Joseph Wiszowaty, Town Manager: Mr. Wiszowaty reiterated Mr. Nagle’s comments about the Corridors Study. He explained the process thus far and the actions moving forward.

TOWN COUNCIL
Wayne Pondinas: Mr. Pondinas provided the background and history of the SCADA system.

Bryan Blazak: Mr. Blazak expressed his approval of the progress with the Riverfront District actions.

Michael Aurelio: Mr. Aurelio reported that the Economic Development Committee met today and approved action to seek proposals for a Strategic Plan for the area west of US 41 starting at US 231 going North.

Michael Schilling: Mr. Schilling thanked the Boy Scouts for attending the meeting.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Regular Meeting was adjourned at 8:14p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 22nd Day of March, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Wednesday, March 8, 2023, at 7:00 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer and Joseph Wiszowaty, Town Manager

STUDY SESSION DISCUSSION ITEMS

1. Safety Village - William Jarvis

Bill Jarvis with Tri-Town Safety Village described the programs available to the surrounding school students and requested monetary participation from the Town of St. John. Discussion about the budget continued.

2. West 93rd Avenue/US-41 Project - Construction Engineering, First Group

Evan Laviolette, First Group Engineering, was asked to discuss the Consulting Engineers (CE) Agreement for the 93rd Avenue project. He explained that the CE Agreement was divided into the Water project and the Roadway project. He reported that the total worst case approximation for the Roadway project is $254,531.60. He added that the Water portion is roughly $80.000 or 24% of the total amount. He provided an update on possession of the property.

3. Health Insurance - Meyers-Glaros, Rob Adlard

Rob Adlard reported that Meyers-Glaros reviewed and evaluated the Town’s Health Plan and provided recommendations. The biggest determination was to maintain the current plan, BSA/HealthComp and Cigna. He explained that one item of concern is the stop-loss insurance and described the various programs. He then explained the proposed contract language. The fee to manage the plan would be $2,500.00 per month. There would be a reduction in the stop-loss premium.

4. Emergency Operations Plan - Chief LaDuke

Chief LaDuke reported that the most current Emergency Operations Plan on record is from 1996. He explained the proposed changes and the reasons for a Plan. He explained the NIMS training and who in the Town should receive the training.

5. Emergency Service Contract - Chief LaDuke

Chief LaDuke explained the program with the Emergency Services Billing Contract (ESBC) as an additional revenue stream and how the process would work. ESBC would not cover ambulance billing. There is no cost to the Town, as ESBC takes their portion of the collection before paying back the Town.

6. Use Variance - 10045 Earl Drive (proposed Indoor Storage Facility)

Mr. Wiszowaty reminded the Council that this will be up for action at the next Council meeting and unless the Council votes to deny at that time, it will default to approval.

7. Request to Purchase - SCADA Software, Wonderware $5,291.00

Mr. Wiszowaty explained that this RTP was pulled from approval at the last Council meeting and will appear again for a motion at the next meeting. Mr. Aurelio explained that Wonderware is a proprietary system and his concerns with it. Mr. Swets asked why this is before the Council and not the Water Board and Sanitary District. Ms. Hernandez explained the Council only wanted the RTPs that affected the Bond to go to the Water Boards. Mr. Dravet added that the Town currently own the licenses, therefore it is imperative to continue the maintenance plan. Ms. Hernandez advised the Council to study the RTPs to determine which RTPs should be going to the Utility Boards. She continued to explain that the current Purchase Policy states that the Council approves expenditures greater than $4,000.00.

8. Requests to Purchase 11 in the amount of $450,745.02

Mr. Wiszowaty added that there may still be a few more added before the meeting which will be forwarded to the Council after the Friday deadline.

9. Miscellaneous Matters - Town Manager

a. Arbor Day – Mr. Wiszowaty reported that there will be a Proclamation on the next Council agenda for Arbor Day on April 28th per the request of the Parks Superintendent.
b. Move to Indiana – Mr. Wiszowaty referred to a Move to Indiana document which came with a favorable recommendation from the EDC. This would market to families and businesses looking to move into Indiana. Mr. Aurelio added that this program would be another tool for growth in St. John.
c. Strategic Plan for the Town of St. John – Mr. Wiszowaty is working on the Strategic Plan and will present it to the Council for recommendation.
d. 5-Year Plan – Mr. Wiszowaty will be working with Cender Dalton and the Clerk-Treasurer on the Town’s 5-Year Capital Improvement Plan. It would be presented to the Council at a Study Session for review.
e. Student Government Day – Mr. Wiszowaty reported that he is bringing back Student Government Day to the Town of St. John on April 26th. He described the program in greater detail.

10. Chief LaDuke reminded the Council that there will be a large scale incident tomorrow at Clark School from Noon to 3:00 p.m.

11. Mr. Schilling provided a reminder of the Community Event tomorrow from 5:00 p.m. to 7:00 p.m. for the Corridor Study. He identified the Corridor.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Special Study Session was adjourned at 8:09 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 22nd Day of March, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Wayne Pondinas called the St. John Town Council Workshop to order on Thursday, March 9, 2023, at 3:15 p.m.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; and Wayne Pondinas, Councilman.

Also present: Beth Hernandez, Clerk-Treasurer and Joseph Wiszowaty, Town Manager

(Michael Schilling joined the meeting at 3:20 p.m.)

PRESENTATION:

St. John Corridor Study Workshop led by Francesca Lawrence and Michael Blue with Teska Associates, Inc.

Town Manager, Joseph Wiszowaty, and Building and Planning Director, Sergio Mendoza, gave a brief overview of the corridors that are being studied, which include 101st Avenue, Calumet Avenue, and US Highway 231/W. 109th Avenue.

Francesca Lawrence, Senior Planner with Teska Associates, Inc., addressed the present Council, Commission, and Committee members and began her presentation on the St. John Corridor Study. See Exhibit A.

After the presentation, all members broke out in to small groups and were given various challenges, opportunities, strengths, and weaknesses to discuss. They were also tasked with adding to the list of examples and sharing their thoughts with the entire group. See Exhibit B. Members were also given examples of community design and streetscape imagery to review and note which ones they felt would most enhance the corridors and community. See Exhibit C. Lastly, each group reviewed the Town’s Future Zoning Map from the 2017 Comprehensive Plan and used that to notate what types of development they would like to see along the corridors. See Exhibit D.

It was explained by Ms. Lawrence that the discussions that were had at today’s workshop will be compiled with the information that was received from the stakeholder groups as well as what will be gathered from the public open house tonight, and will then be presented to the Town Council, Plan Commission, and Economic Development Committee for review and discussion at a later date.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Workshop was adjourned at 4:49 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 22nd Day of March, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Meeting to order on Wednesday, March 22, 2023, at 7:00 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Councilmen absent: Wayne Pondinas, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and David Westland, Town Attorney.

PUBLIC COMMENT:

Ray Paradiso, 9515 Calumet Avenue: Mr. Paradiso asked about the Riverfront District and what is considered to be an upscale restaurant for the liquor license. Mr. Blazak explained the state statute as 51% of the gross revenue must be from food sales and that this would be confirmed via the annual tax reporting. He also named off some restaurants as examples of upscale dining.

Rob Kmetz, 8581 Fair Oaks Lane: Mr. Kmetz referred to a term being used as “Fiscal steward of your money”. He accused a Councilman of approving invoices without investigation. He also accused him of now making it an issue because of the election. Mr. Aurelio responded to say that he had been requesting changes in how the finances are processed and that he had been requesting invoices from the docket for many months. Mr. Aurelio added that he insisted on transparency with budget and ARPA processes.

APPROVAL OF MINUTES:

Town Council Regular Meeting – February 22, 2023
Town Council Special Study Session –March 8, 2023
Town Council Workshop – March 9, 2023

Mr. Blazak made a motion to approve the Town Council Regular Meeting Minutes from February 22, 2023, the Town Council Special Study Session from March 8, 2023 and the Town Council Workshop from March 8, 2023. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

PRESENTATION & RECOGNITION:

A. Proclamation Honoring Arbor Day

Ms. Hernandez read the prepared Proclamation.

OLD BUSINESS:

There was no Old Business.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

16 Requests to Purchase in the combined total of $608,398.68 – Mr. Aurelio asked about the Motorola RTP and what it is for. Mr. Wiszowaty explained it was for the Police Officers. Mr. Swets made a motion to approve the 16 Requests to Purchase in the amount of $608,398.68. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Request to Purchase – Wonderware North

Mr. Aurelio asked if this should be on the Council docket or the Waterworks Board docket. Ms. Hernandez explained that the purchase policy for the Town states that any Request to Purchase over $4,000.00 is approved by the Town Council. Purchases toward the water bond are approved by the Water Board. Mr. Wiszowaty added that this purchase for the SCADA system is not part of the water bond. Mr. Dravet explained that this is the software that allows the water operator to interface with the SCADA hardware. Mr. Swets made a motion to approve the one Request to Purchase for $5,291.00. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Payment of the Bills

Mr. Swets made a motion to approve the Accounts Payable Voucher dated March 22, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $1,647,209.16. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

4. Motion to authorize payment to Tri Town Safety Village, Inc. (a 501c3) pursuant to an Interlocal Cooperation Agreement in the amount of $34,900.00.

Mr. Swets made a motion to authorize payment to the Tri Town Safety Village in the amount of $34,900.00. Mr. Blazak seconded the motion. Mr. Aurelio asked to have this matter tabled until the Safety Village audit is complete. Mr. Swets explained that the Town has an interlocal agreement and is responsible for one third of the budget. Mr. Aurelio added that Schererville was waiting for the audit as well of which Mr. Swets responded that he was not aware. Mr. Swets withdrew his motion. Mr. Blazak withdrew is second. Mr. Aurelio made a motion to defer until the audit is complete. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

5. Motion to designate Meyers Glaros Group as the Town of St John’s Broker of Record

Mr. Wiszowaty explained that this group presented at the Study Session and that the change for Broker of Record is recommended as they have a lower cost alternative. Mr. Aurelio made a motion to designate Meyers Glaros Group as the Town of St John’s Broker of Record and authorize the Town Manager to sign the designated letter. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

6. Motion to approve the Town employee health insurance quote from Meyers Glaros Group for May 1, 2023 to December 31, 2023.

Mr. Blazak made a motion to approve the Town employee health insurance quote from Meyers Glaros Group for May 1, 2023 to December 31, 2023. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

B. Ordinances and Resolutions

There were no Ordinances or Resolutions

C. Council Action

1. Consider Construction Engineering Agreement with First Group Engineering, Inc. for the West 93rd Avenue/US-41 Project

Evan Laviolette, First Group Engineering was present to answer any questions. Mr. Laviolette stated that utility relocation is currently in progress. Mr. Aurelio asked about the dates for road closures and detours. Mr. Laviolette responded that they had not yet received the contractor’s final schedule. He then described some of the expected closure activity once they do. Mr. Blazak asked for a sequence of events, to which Mr. Laviolette provided a list of activities starting with water. Mr. Blazak made a motion to approve the Construction Engineering Agreement with First Group Engineering, Inc. for the West 93rd Avenue/US-41 Project. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Consider Use Variance at 10045 Earl Drive for an Indoor Self-Storage Facility within the C-2 (Commercial Highway) Zone and the US-41 Overlay District

Mr. Wiszowaty explained that this matter came to the Council with an unfavorable recommendation from the BZA. The Council needs to make a decision on this matter no later than April 17th, which predates the next meeting. Mr. Aurelio made a motion to deny the use variance at 10045 Earl Drive for an Indoor Storage Facility within the C-2 (Commercial Highway) Zone and the US-41 Overlay District. Mr. Swets seconded the motion. Mr. Schilling explained that this property is off of the commercial area and would be considered to be in an Industrial Park which would fit in there. Motion carried with 3 ayes and 1 nay by Mr. Schilling.

3. Consider appointment of a specific individual to the Economic Development Committee

Mr. Aurelio explained that there is an opening on the Economic Development Committee as Dave Beezhold has moved to the Parks and Recreation Board. He added that the position was advertised and two applications were received. Mr. Aurelio recommended Lauren Sustek upon approval by the Council. Mr. Aurelio made a motion a appoint Lauren Sustek to the Economic Development Committee. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

4. Motion to Approve and Declare Property Surplus and authorize the disposition of such property through the State of Indiana’s public auction pursuant to Indiana law 2008 Dodge Ram VIN: 1D7HU18N48J186845 and a 2016 Dodge Charger VIN: 2C3DXKT7GH259967 and for any proceeds to be receipted by the Clerk-Treasurer.

Mr. Swets made a motion to approve and declare Property Surplus and authorize the disposition of such property through the State of Indiana’s public auction pursuant to Indiana law 2008 Dodge Ram VIN: 1D7HU18N48J186845 and a 2016 Dodge Charger VIN: 2C3DXKT7GH259967 and for any proceeds to be receipted by the Clerk-Treasurer. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

1. Task Orders with Robinson Engineering

Mr. Wiszowaty explained that the task orders represent the Town projects for Earl Drive, the 2023 CCMG, the 101st Avenue and Calumet Avenue engineering, and 109th and White Oak Avenue engineering. In the past, the Town operated under a pay-as-you-go methodology. The total costs represent the design engineering and construction engineering, but does not include smaller projects and tasks assigned. These are being presented for transparency purposes and helps everyone understand what is being done and what the costs will be. He commended Robinson engineering on their professionalism and reported that the Acorn project is 45 days ahead of schedule. Going forward, the Task Orders will be presented at a Town Council meeting after discussion at the Study Session. Mr. Swets made a motion to accept the Robinson Engineering Task Order 22-02, Task Order 22-03, Task Order 22-10, and Task Order 22-11. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

STAFF REPORTS & CORRESPONDENCE:

Beth Hernandez, Clerk-Treasurer: Ms. Hernandez reported that she contacted Centier Bank in light of all of the failed banks in the news. They explained to Ms. Hernandez that Centier is a Community Bank, unlike SVB and Signature, where risks and poor asset management decisions made resulted in a run on their banks. Centier provided the Town with their audited financial statements along with their December 31st call report. Ms. Hernandez offered to share Centier’s information with interested residents.

Tom Nagle, Town Engineer: Mr. Nagle provided a status update on the Acorn Drive project with next steps. On the CCMG project, they are waiting to hear back on whether or not we are getting the $1 million grant, as in the past. He reported on a few other projects currently in progress to include Waterleaf Drive and White Oak intersection, the Town’s five (5) year capital improvement project plan, the Town’s Subdivision Control Ordinance and reviewing the bridge plan for Joliet Street for possibly adding a bicycle path. He reported on the Corridor Study open house with Teska and a timeline moving forward.

Joseph Wiszowaty, Town Manager: Mr. Wiszowaty reported that St. John Township, Hanover Township and St. John the Evangelist schools will be participating in the 2023 Student Government Day on April 26th. He asked the Town Council Members, Clerk-Treasurer and Department Heads to have their reports completed in Word format submitted to his office by April 14th. The report should be at least two (2) paragraphs and concise so that the students could read it during their respective slots on the agenda. Judging for the student government day’s essays on “Why is St. John a town you could call home” will begin on the week of March 27th. Winners will be announced to the schools by April 10th. Students will be given an opportunity that morning to tour the Town’s facilities and will be treated to lunch. That evening, the students will return to Town Hall for an official Town Council meeting. The Council Members will be seated behind the students, guiding them through the process. They will represent the members of the Town Council, the Clerk-Treasurer, the Town Manager and the Department Heads. He reported that he sent the schedule of events to the Department Heads and their participating is encouraged.

TOWN COUNCIL

Michael Aurelio: Mr. Aurelio reported that the Economic Development Committee is drafting a request for proposal for a comprehensive plan for the Riverfront District. They are developing a spotlight program for the new businesses in Town and creating a Business of the Year award program.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Regular Meeting was adjourned at 7:43p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of April, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Meeting to order on Thursday, April 20, 2023, at 8:08 p.m.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; and Joseph Wiszowaty, Town Manager.

NEW BUSINESS:

A. Ordinance No. 1792 - Cumulative Fire Fund reset

Mr. Blazak made a motion to consider Ordinance No. 1792 on first reading. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 0 nays.

B. Ordinance No. 1793 - Cumulative Sewer Fund reset

Mr. Aurelio made a motion to consider Ordinance No. 1793 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Wiszowaty stated that there will be a Public Hearing at the beginning of the meeting next week, as required by law. He asked Mr. Dalton to present the timeline for these fund resets. Mr. Dalton explained that upon approval, he will gather all of the documentation and submit the packet to the Department of Local Finance, which is due at the end of May. Between adoption and submission of the packet, there will a 30 day remonstrance period for taxpayers. As long as the number of remonstrations remains below a certain number, the packet is acceptable for submission and review. They will inform the Town of approval status sometime in late June or July.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. The Town Council Regular Meeting was adjourned at 8:11 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of April, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, April 20, 2023, at 7:14 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; and Joseph Wiszowaty, Town Manager.

STUDY SESSION DISCUSSION ITEMS:

1. Five-Year Plan – Cender Dalton

Mr. Daniel Dalton presented the Financial Review and Planning document, to be used as a financial guide. He reported that meetings were held with department heads and the Clerk Treasurer to create a document that can be a useful tool when the budget process begins. He then went through the process of preparing the information. Mr. Aurelio asked when the ARPA money needed to be spent by to which Mr. Dalton responded that the funds have to be appropriated by the end of 2024 and spent by the end of 2026. The second ARPA fund is earmarked for Water. Mr. Schilling asked if the Town is working on it, to which Mr. Wiszowaty responded that it is in process. Ms. Hernandez added commentary as well as to how the Town can obtain the funds. Mr. Dalton referred to the Actual and Projected Cash Flows slide for the General Fund. The slide shows the last three (3) years’ actual activity and out for the next five (5) years. He explained that he applied a three percent (3%) increase, year over year, in the projected numbers. He reviewed a few more of the funds and asked the Council to review the document more thoroughly and contact him with any questions. Mr. Dalton asked the Council to allow him to present updates for review a couple of times a year. Mr. Aurelio asked if the document could be published on the website. Mr. Dravet confirmed that he could post it. Mr. Dalton suggested waiting until there is an official approval before posting it. Ms. Hernandez suggested waiting for the budget season when the 2024 numbers are fine-tuned. A discussion of the current 5-year plan and whether it is publicly accessible ensued.

2. Resolution No. 2023-04-26 Fire Department & Police Department ARPA Funds

Mr. Wiszowaty reported that there are 2 requests from the Fire Department and some up fitting for 4 squad cars from the Police Department. A resolution for the total will be presented at the Council meeting.

3. Emergency Operation Plan

Mr. Wiszowaty explained that Chief LaDuke presented the document to the Council in March, and was seeking suggestions or changes to the document in order to proceed.

4. ESBC Service Agreement

Mr. Wiszowaty explained that this agreement allows for the billing for the use of fire equipment. The attorneys reviewed the agreement and stated it is a policy matter. Mr. Schilling sought further clarification on the policy. He asked the other Council members to review the agreement. Mr. Pondinas added that accidents could involve drivers that are not residents of the Town. Mr. Aurelio asked if it would be legal or possible to charge an involved resident one rate and non-resident a different rate. Mr. Wiszowaty concluded that the agreement would not be included on the agenda for the meeting so that Council could thoroughly review the information.

5. LIV Safe Agreement

Mr. Wiszowaty reported that this was previously presented by Chief LaDuke, which allows the Town to access the LIV Safe portal for fire inspection results. The Town would not do the inspections, but would obtain the reports upon completion, at no cost to the Town.

6. Opioid Funds for Fire Equipment

Mr. Wiszowaty explained that the Fire Chief was seeking to purchase two ambulance cots for about $60,000 and utilize these funds. The Town does not yet have all of the money, but when it becomes available, he wanted to proceed with the purchase.

7. Ordinance No. 1794 – Authorizing Promotion of Town Business

Mr. Wiszowaty explained that this would allow for payment of expenses for employee recognition and retiree plaques, etc. At this time the Town is not able to pay for those items.

8. Acceptance of Performance Surety for Parrish Woods

Mr. Wiszowaty explained that this came with a favorable recommendation from the Plan Commission for a Performance Surety in the amount of $216,965.98.

9. Ordinance No. 1795 - Amendment to Subdivision Control Ordinance

Mr. Wiszowaty explained that this came with a favorable recommendation from the Plan Commission, which establishes a Sidewalk, Curb and Gutter Installation Fund and amends the standards for the Town. Mr. Blazak shared the sidewalk discussions for future developments being pushed by both the Plan Commission and the BZA. Ms. Hernandez asked to add a fund number to the Ordinance. Mr. Blazak provided additional details about how the fund will be managed.

10. Use Variance – Favorable recommendation by BZA for medical office 9495 Keilman Street

Mr. Wiszowaty explained that this came with a favorable recommendation from the BZA which would allow for a medical office at that location. This will not be available for Council action until the May meeting. Discussion about Medical Offices and property tax ensued.

11. Road Repairs for Joliet Street

Mr. Wiszowaty reported that he received two quotes for road repairs for three areas on Joliet Street. He referred to a map to describe the actual locations. One of the quotes is from Sutton Asphalt for $43,800 and the other from Holland Asphalt for $46,800. Mr. Wiszowaty stated that he will work with the Clerk-Treasurer to determine the funding for the project and prepare an RTP. The RTP will be ready for a motion at the Town Council meeting next week.

12. Miscellaneous

Mr. Wiszowaty reported that the Clerk-Treasurer provided the RTPs for the month and asked the Council to review them for questions.

Mr. Wiszowaty reported that next week is the Student Government Day and asked the Council to provide their reports in Word. He added that it will be a scripted event. He then explained the process for the actions taken in the meeting.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Regular Meeting was adjourned at 8:00 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of April, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Meeting to order on Wednesday, April 26, 2023, at 7:05 p.m.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; David Westland, Town Attorney; Chief Flores, Police Department; Chief LaDuke, Fire Department; Sergio Mendoza, Building & Planning; Bob Davis, Public Works; Mike O’Shea, Parks & Recreation.

MOTION TO APPROVE STUDENT GOVERNMENT DAY AND SUSPEND THE REGULAR TOWN COUNCIL PROCEDURES FOR THIS MEETING

Mr. Aurelio made a motion to approve Student Government Day. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

OATH OF OFFICE presented to all students accepting their roles of the 2023 Student Government Day.

The students were asked to gather in the front of the room while the oath was taken. The following students were present:

Victoria Chavez – Town Council President
Ainsley Mullins – Clerk-Treasurer
Lilliana Uribe – Vice President
Audrey Cisneros - Councilmember
Camden Elmore – Councilmember

PLEDGE OF ALLEGIANCE:

Student Government Day Town Council President, Ms. Chavez, led the Council and all those present in the Pledge of Allegiance.

PUBLIC COMMENT:

Cecile Petro, 8541 Fairway Drive – Ms. Petro thanked the Council and staff for the open meeting regarding the Corridors Plan. She explained that the entire Town should be cohesive, identifying the Town when you enter from any other municipality. The Town should have its own brand reflected through signage, landscaping and light fixtures. There should be welcoming signs at all Town entrances. She continued to thank all Council, Board and Committee members for their time given to the Town in their service. She voiced a concern about inaccurate information and referred to a statement made by a Councilman at the February Town Council meetings. The Resolution presented was for a motion to write-off bad debt. She quoted Mr. Aurelio to say this was “an unfunded mandate from the Federal Government and we are basically subsidizing Medicare through our local taxes to the tune of $253,160.” She added that the statement is inaccurate and may lead to about 17% of the population to be concerned about their Medicare coverage for future ambulance services. She asked the Clerk-Treasurer or the Town Manager to explain to the public how the cost of the service is determined for all insurance.

Louise Tallent, 2723 Sycamore Drive, Dyer, IN – Ms. Talent reported that she works with the Lake Central Education Foundation serving the Tri-town area. She distributed some pamphlets and described the program. She also explained that the program is in need of funding to support it, as the State will be cutting the funding for CTE.

APPROVAL OF MINUTES:

Town Council Regular Meeting – March 22, 2023
Town Council Special Study Session – April 20, 2023
Town Council Special Meeting – April 20, 2023

Mr. Blazak, through Student Ms. Cisneros, made a motion to approve the March 22, 2023 Town Council Regular Meeting. Mr. Swets, through Student Ms. Uribe seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak, through Student Ms. Cisneros, made a motion to approve the April 20, 2023 Town Council Study Session. Mr. Swets, through Student Ms. Uribe seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak, through Student Ms. Cisneros, made a motion to approve the April 20, 2023 Town Council Special Meeting. Mr. Swets, through Student Ms. Uribe seconded the motion. Motion carried with 5 ayes and 0 nays.

PUBLIC HEARING:

Mr. Westland confirmed the Proofs of Publication were in order and compliant with Indiana code.

The floor was opened to Public Comment.
The floor was closed to Public Comment.

Mr. Pondinas, through Student Ms. Elmore, made a motion to adopt Ordinance No. 1792 on second reading. Mr. Blazak, through Student Ms. Cisneros, seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak, through Student Ms. Cisneros, made a motion to adopt Ordinance No. 1793 on second reading. Mr. Pondinas, through Student Ms. Elmore, seconded the motion. Motion carried with 5 ayes and 0 nays.

PROCLAMATION

A. Proclamation Honoring Student Government Day Winners

Mr. Schilling read the prepared Proclamation.

REPORTS OF OFFICERS:

A. Town Council President – Victoria Chavez – Ms. Chavez read the report describing the duties of the Town Council President.
B. Clerk-Treasurer – Ainsley Mullins – Ms. Mullins reported on the mature bonds or reinvestment. She reminded everyone about Community Shred Day, open to all St. John residents.
C. Town Manager – Joseph Wiszowaty read a prepared report. He reported that the plan is to have the five (5) year plan adopted at the next Council regular meeting. He provided updates on the West 93rd Avenue project. The Town will be going out to bid for the 2023 Community Crossings Matching Grant. It is a $2.3 million road project of which $1 million to be reimbursed by the State. He congratulated the Students and thanked the school staff and the parents for their support in the program. He thanked the Department Heads and described how the Students spent their day.
D. Town Attorney – Nothing to report.
E. Town Engineer – Tom Nagle, Robinson Engineering, reported on three (3) projects: the Pilot Study for the Well project, the Acorn Drive Water main, and the Bridge on Joliet Road, managed by the County, regarding bicycle paths.

REPORTS FROM TOWN COUNCIL:

A. Town Council Vice-President – Lilliana Uribe – Ms. Uribe read a prepared report about NIRPC’s Regional Transportation Plan. NIRPC announced available federal funding through the Safe Streets and Roads Programs. The Tri-Town Safety Village announced the May schedule.
B. Town Councilman Aurelio – Mr. Aurelio reported that the EDC is focused on new businesses for St. John, the Corridor Study, and the Riverfront District. From the Parks Department, he announced that the Freedom Fest is being held on July 3rd and asked for volunteers. He reported that the Parks Department is also in discussion about some upgrades in Gates Park.
C. Town Councilmember – Audrey Cisneros – Ms. Cisneros read a prepared report and announced the $1 million Community Crossings Matching Grant award. She reported on the completed road repairs. She then reported on the Parrish Woods Development performance bond which will allow for greater easements.
D. Town Councilmember – Camden Elmore – Ms. Elmore read from a prepared report. She reported on the activities of the Waterworks Board and the Sanitary District regarding the pilot study for Well 9. She also reported the progress on the water towers.

STAFF REPORTS:

A. Chief Flores, Police Department – Chief Flores, in his prepared document, reported on the number of sworn officers on staff, providing coverage on the streets. He also reported on a new program in St. John called the Crisis Intervention Team, whereby an officer is a certified counselor. This officer would respond to situations where individuals are experiencing mental breakdowns or substance abuse. This officer will also provide peer support within the team. Additional officers will be attending the certification training available through the State.
B. Chief LaDuke, Fire Department – Chief LaDuke, in his prepared report provided a list of typical response calls for the Department. He also provided staffing and call statistics.
C. Sergio Mendoza, Building & Planning – Mr. Mendoza, in his prepared report, described the divisions, duties and responsibilities of his department and related Boards and Commissions.
D. Robert Davis, Public Works – Mr. Davis, in his prepared report, explained the types of duties the Public Works Department is involved in within the Town, to include much of the water maintenance. The Department also maintains the roadways.
E. Mike O’Shea, Parks and Recreation – Mr. O’Shea reported how the Parks Department brings value to the community through its parks, recreational offerings, and events. On Arbor Day, the Department will be holding a tree seedling give away and a tree planting event.

OLD BUSINESS:

There was no Old Business.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

Ms. Mullins reported that there are 12 Requests to Purchase in the combined total of $146,615.85. Mr. Blazak, through Student Ms. Cisneros, made a motion to approve the 12 Requests to Purchase in the amount of $146,615.85. Mr. Swets, through Student Ms. Uribe, seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Request to Purchase – Sutton Asphalt for repairs to Joliet Street

Ms. Mullins reported that there is one (1) Request to Purchase for a total of $43,800.00 from Sutton Asphalt for repairs to Joliet Street. Mr. Aurelio made a motion to approve the one (1) Request to Purchase for $43,800.00 and authorize the Town Manager to sign acceptance of the proposal. Mr. Pondinas, through Student Ms. Elmore, seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Payment of the Bills

Mr. Blazak, through Student Ms. Cisneros, made a motion to approve the Accounts Payable Voucher dated April 26, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $2,645,503.69. Mr. Aurelio seconded the motion. Motion carried with 4 ayes, 0 nays, and 1 abstention.

B. Ordinances and Resolutions

1. Ordinance No. 1794: A Home Rule Ordinance Authorizing the Promotion of Town Business through Various Means

Mr. Blazak, through Student Ms. Cisneros, made a motion to consider Ordinance No. 1794 on first reading. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak, through Student Ms. Cisneros, made a motion to adopt Ordinance No. 1794 on second reading. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Ordinance No. 1795: An Ordinance Amending the Town of St. John Subdivision Control Ordinance No. 1707, as amended, and Establishing the Town of St. John Sidewalk, Curb and Gutter Installation Fund.

Mr. Blazak, through Student Ms. Cisneros, made a motion to consider Ordinance No. 1795 on first reading. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak, through Student Ms. Cisneros, made a motion to adopt Ordinance No. 1795 on second reading. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Resolution No. 2023-04-26: A Resolution Authorizing ARPA Funds

Mr. Swets, through Student Ms. Uribe, made a motion to approve Resolution No. 2023-04-26. Mr. Pondinas, through Student M. Elmore, seconded the motion. Motion carried with 5 ayes and 0 nays.

C. Council Action

1. Motion to adopt the All-Hazards Emergency Operations Plan

Mr. Blazak, through Student Ms. Cisneros, made a motion to adopt the All-Hazards Emergency Operations Plan. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Motion to approve Master Services Agreement with Life Safety Inspection Vault LLC (LIV) and authorize the Town Manager to execute.

Mr. Aurelio made a motion to approve Master Services Agreement with Life Safety Inspection Vault LLC (LIV) and authorize the Town Manager to execute. Mr. Swets, through Student Ms. Uribe, seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Consider acceptance of Performance Surety for Parrish Woods.

Mr. Blazak, through Student Ms. Cisneros, made a motion to consider acceptance of Performance Surety for Parrish Woods in the amount of $216,965.98. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Consider Use Variance to allow a medical office at 9495 Keilman Street

Mr. Blazak, through Student Ms. Cisneros, made a motion to defer action on this matter. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

1. INDOT Community Crossings Matching Grant Fund Award Letter
2. Lake Central School Board Appointment of Cindy Sues to Parks & Recreation Board

ADJOURNMENT:

Mr. Blazak, through Student Ms. Cisneros, made a motion to adjourn. Mr. Swets, through Student Ms. Uribe, seconded the motion. The Town Council Regular Meeting was adjourned at 8:04 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 24th Day of May, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Tuesday, May 16, 2023, at 7:02 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Katie Minchuk, Deputy Clerk-Treasurer; and Joseph Wiszowaty, Town Manager.

STUDY SESSION DISCUSSION ITEMS:

1. Building & Planning Software Solution

Mr. Wiszowaty explained that after the Town did their due diligence, they decided on one vendor, Central Square, for introduction and to answer any questions. Denise Pratt, Account Executive and Scott Bishop, Director of Public Administration were in attendance virtually explain their proposal. The Community Development and the Work Orders Asset Management are the two (2) modules presented today. Mr. Wiszowaty asked the vendor to present the benefits of the software. Mr. Bishop described the advantages of having their software. He referred to a PowerPoint that addresses all areas of Building & Planning. Mr. Dravet reported that the Town currently uses an Access program written in 1995. Mr. Dravet confirmed that the Building & Planning staff agreed on this vendor’s solution. Mr. Bishop reported on the cost of the packages, what they included, and how they were able to bundle the modules for cost savings. The bundled cost for the two (2) modules would be $305,200.00, which is a savings of $54,000.00. Ms. Pratt reported the timeline is from six (6) to nine (9) months. Ms. Pratt described all of the items and support, which includes best practice suggestions, that are included in the services cost. Ms. Pratt confirmed that the annual cost would be a fixed rate of $71,700.00 for five (5) years and the increase rate, following the term, will be in the contract. The five year term starts when the system is fully functional. Mr. Bishop explained how they work with Municipalities and their legal procurement processes. Mr. Wiszowaty reported to the Council that ARPA funds would be allocated to fund the software. A discussion about the benefits ensued. Mr. Schilling asked that the Building & Planning Director attend a Council meeting to explain the solution.

2. Fee Waivers for Town Project – First Group

Evan Laviolette, First Group Engineering, requested a variance for the fence on the corner of 93rd and US 41, in addition to a waiver on the Town Ordinances for the 8 foot sidewalk along 93rd Avenue, to include the fees associated with those. Mr. Wiszowaty added that the Town will be looking to add the waiver to the Town Ordinances for all Town projects. Mr. Laviolette provided updates on the 93rd Avenue project.

3. Additional School Resource Officer – Chief Flores

Chief Flores presented the possible partnership with Crown Point Christian School for the additional School Resource Officer, in light of the recent school shooting at the private school Nashville. He explained that the funding would be similar to the Lake Central schools, whereby the school pays for the Officer during the school year. He continued to report how the expenses would be covered. John Terpstra, Crown Point Christian School, explained that they added security measures and protocols, but noted that there was a need for immediate response by way of the experts. David Te Grotenhuis, Head of School, explained that Chief Flores engaged the school in the conversation about School Resource Officers. Mr. Te Grotenhuis explained how it would be funded. Mr. Wiszowaty reported that the Safety Board is in support of the partnership. The partnership would begin at the start of next school year. Staffing discussion continued.

4. Solar Power School Zone Signs

Chief Flores explained how they tried several different options for the Clark Middle School zone, but none were effective.

5. St. John Volunteer Fire Department Annual Request

Mr. Wiszowaty explained that this is an annual donation request for $15,000.00, included in the budget, to the St. John Volunteer Fire Department.

6. Paser Study 2023 – Robinson Engineering

Tom Nagle, Robinson Engineering, reported that the Paser study is an analysis of the roadways, which allows the Town to be eligible for local road and bridge matching grants, e.g. CCMG grants. He continued with timing of the study and changes in the way it is done. He confirmed they study every street in Town and the cost is $72,000.00. The residents will be able to see a map ranking of the streets.

7. Lotton Agreement – Freedom Fest

8. College Intern Program

Mr. Wiszowaty reported that Mr. Mendoza of Building & Planning made a recommendation to explore this option to cover staffing during a leave. He added that changes to the Salary Ordinance would have to be made to include the stipend for the internship program, which is $15.00 per hour, not to exceed 14 weeks.

9. Amendment to Personnel Policy & Procedures Manual

Mr. Wiszowaty asked to have this item deferred to the next study session.

10. Miscellaneous

Safety Village – Mr. Wiszowaty explained that the annual allotment is for $34,900.00. Mr. Schilling reported that the item was deferred at the last Council meeting, pending outcome of an audit. Mr. Jarvis, Safety Village, reported that the Board has not decided to do the audit, but if done, would not be complete until the fall.

ARPA Request for PD – Mr. Wiszowaty reported that the request is for additional up-fitting for the three (3) new police squads.

Conflict of Interest for a Board member.

The Use Variance for the Medical Office at 9495 Keilman was deferred at the last meeting will be presented for a motion at the next meeting.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Regular Meeting was adjourned at 8:09 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 24th Day of May, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Regular Meeting to order on Wednesday, May 24, 2023, at 7:00 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Councilman Michael Aurelio was not present during roll call, but arrived at 7:02 p.m.

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; David Westland, Town Attorney

PUBLIC COMMENT:

Tom Hocker - Mr. Hocker reported, that as part of the St. John Photo project, they are having a public exhibition of prints on the first and second weekends in June. The VFW contributed the use of their space. It will take place on the Friday afternoon, Saturday afternoon and Sunday afternoon. He asked that the Town media publish the information. He will be displaying about 30 framed images as well as a PowerPoint projected on the wall of hundreds of photos. The fiscal year ends at the end of June whereby he will be producing prints for the Town and supplying many more digital photos for use on the Town’s and the Clerk’s social media sites.

Tom Adamek, 9401 Chestnut Cove – Mr. Adamek noted that the Safety Village for $34,900.00 is on the agenda tonight. Several years ago, Dyer, Schererville and St. John had equal split, however, for the last couple of years, Dyer pays less. He asked about the audit discussed at a previous meeting. Mr. Schilling responded that the audit was not completed and that St. John and Schererville pay the same amount with Dyer paying less. Also, it is on the agenda because it was deferred. Mr. Adamek stated that during last week’s study session, Crown Point Christian wants a SR Officer, and that he is against the Town paying 25% of the salary. He followed by naming off the police officer expenses. He stated that Mr. Terpstra said that their attorney would get with the Town attorney, but that Mr. Westland is the attorney for both the Town and Crown Point Christian. Mr. Westland confirmed that he is not nor has he ever represented Crown Point Christian. Mr. Adamek responded that he will watch the meeting again. Mr. Pondinas responded on the Safety Village question to say that Dyer had their meeting and tabled the payment. Mr. Schilling clarified on the SR Officer and how the 25% that the Town pays would be for the 25% that he is working for the Town. School is only in session for nine (9) months, then he is back on the road, just like the two (2) other SR Officers. Mr. Adamek continued to say that it would still cost the Town more money and that he is not against the safety of the schools, but not at the expense of the Town.

Rob Kmetz, 8581 Fair Oaks Lane – Mr. Kmetz referred to the election results. He stated that the election had been unlike any other. He added that the candidates focused on a smear campaign, rather than what can be done for the Town. He called out several Council Members and referred to a Facebook page and the results of actions taken. He continued to insult the Council Members at the dais.

Bill Purcell, 8649 Fairway Drive - Mr. Pondinas reported that Mr. Purcell sent him a statement right before the meeting and asked him to read it.

Terry Nellemann, 9500 W. 103rd Place - Mr. Nellemann stated that he was in court with Mary Philbin and having failed to thank her, he asked Mr. Schilling to thank Ms. Philbin for him. Secondly, he referred to a visit by Mr. Aurelio to his home to see the structural issues and thanked him for his time. Thirdly, he asked Mr. Schilling to have Mr. Swets resign from his position and requested a certified letter. He has issues with his Lenar Homes house and asked for assistance, which he failed to do.

APPROVAL OF MINUTES:

Town Council Regular Meeting – April 26, 2023
Town Council Special Study Session – May 16, 2023

Mr. Blazak made a motion to approve the minutes from the April 26, 2023 Regular Meeting and the May 16, 2023 Special Study Session. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

OLD BUSINESS:

A. Consider Use Variance at 9495 Keilman Street for a Medical Office, per StJMC 24-172 and 24-342 et seq. Sec 24-45 Schedule of Use within the C-1 (commercial highway) and US 41 Overlay District.

Mr. Wiszowaty reported that this was before the Town Council last month and deferred while awaiting the approval of the minutes. This received a favorable recommendation from the BZA. Mr. Swets made a motion to approve the Use Variance at 9495 Keilman Street for a Medical Office. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

B. Motion to authorize payment to Tri Town Safety Village, Inc. (a 501c3) pursuant to an Interlocal Cooperation Agreement in the amount of $34,900.00 and direct the Clerk-Treasurer to remit payment from the appropriate account and appropriation

Mr. Wiszowaty reported that this had previously been before the Council and is back for action. Mr. Swets made a motion to approve the payment to the Tri Town Safety Village in the amount of $34,900.00. Mr. Blazak seconded the motion. Mr. Swets stated that in order for an audit to move forward, they would need a decision from Dyer and the amount is one third of the approved budget. The Town has an agreement with the Safety Village and are required to uphold that agreement. Mr. Aurelio agreed that the Town should cover its third, however, there was discussion about having an outside firm do an audit. Mr. Aurelio offered to pay half now with the understanding that once the audit is completed the other half would be paid. Mr. Swets refused to approve less than what is due. Mr. Pondinas agreed with Mr. Aurelio. Mr. Jarvis, Tri Town Safety Village, responded that the budget for the program is $104,000.00. He said the audit was requested as of January. He stated that Dyer has not shown up to have a quorum in order to pick a firm to conduct the audit. The three towns have to pick a firm to have the audit done and he is not involved in the process. The next meeting is on the 31st and expressed hopes of having a quorum. Motion failed with 1 aye and 4 nays. Mr. Jarvis asked to clear up a statement made about Dyer’s commitment. He stated that Dyer had not paid the full amount in eleven (11) years. He added that Dyer has a contract that should be honored. He stated that Lake County contributed $20,000.00 last year, making up the short-fall. Mr. Schilling advised Mr. Jarvis to return to the Council once the audit is done.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

There are no Requests to Purchase this month.

2. Payment of the Bills

Mr. Aurelio made a motion to approve the Accounts Payable Voucher dated May 24, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,977,506.68. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Motion to approve a donation to St. John Volunteer Fire Department in the amount of $15,000.00 and to authorize the Clerk-Treasurer to remit payment from appropriation 1101.002.398.000

Mr. Swets made a motion to approve the payment to St. John Volunteer Department in the amount of $15,000.00. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Motion to accept proposal from Hawk Enterprises to furnish and install two School Zone Solar Flashers Beacon Signs in the amount of $19,783.00

Mr. Aurelio made a motion to approve proposal from Hawk Enterprises to furnish and install two School Zone Solar Flashers Beacon Signs in the amount of $19,783.00. Mr. Swets seconded the motion. Mr. Pondinas asked if these lights were the same as the ones at Garden Way. Mr. Schilling responded that Chief Flores reported at the Study Session that they were the same. Motion carried with 5 ayes and 0 nays.

5. Motion to approve settlement of Slaven v Town of St. John and to authorize the Town Council President to execute any necessary settlement agreement, further to authorize the Clerk-Treasurer to remit payment of $162.10 to Mr. Slaven for his filing fee, and to pay his attorney Greg Bowes Legal Services, P.C. in the amount of $6,726.63

Mr. Swets made the motion to approve the settlement of Slaven v Town of St. John and to authorize the Town Council President to execute any necessary settlement agreement, further to authorize the Clerk-Treasurer to remit payment of $162.10 to Mr. Slaven for his filing fee, and to pay his attorney Greg Bowes Legal Services, P.C. in the amount of $6,726.63. Mr. Pondinas seconded the motion. Mr. Swets asked if this was a final settlement and can’t come back. Mr. Westland confirmed it is a final settlement. Motion carried with 5 ayes and 0 nays.

B. Ordinances and Resolutions

1. Ordinance No. 1796: An Ordinance Amending Salary Ordinance No. 1787

Mr. Wiszowaty explained that this establishes a regular, seasonal part-time Building and Planning Intern for the fourteen (14) week period at $15.00 per hour. This will not impact the budget. Mr. Blazak made a motion to consider Ordinance No. 1796 on first reading. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Aurelio made a motion to adopt Ordinance No. 1796 on second reading. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Resolution No. 2023-05-24: a Resolution of the Town of St. John, Lake County, Indiana, Transferring Monies within the 2023 Budget

Mr. Wiszowaty explained that this is for some Police equipment in the amount of $2,690.00. Mr. Blazak made a motion to approve Resolution No. 2023-05-24. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

C. Council Action

1. Consider waiving fees charged to the Town of St. John in the amount of $1,500.00 for Plan Commission Review for the West 93rd Avenue/US-41 Project

Mr. Aurelio made a motion to waive the fees charged to the Town of St. John in the amount of $1,500.00 for Plan Commission Review for the West 93rd Avenue/US-41 Project. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Consider waiving fees charged to the Town of St. John in the amount of $45.00 for Plan Commission application for the West 93rd Avenue/US-41 Project

Mr. Blazak made a motion to waive fees charged to the Town of St. John in the amount of $45.00 for Plan Commission application for the West 93rd Avenue/US-41 Project. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Consider waiving fees charged to the Town of St. John in the amount of $75.00 for a Board of Zoning Appeals for a Special Use application for the West 93rd Avenue/US-41 Project

Mr. Blazak made a motion to waive fees charged to the Town of St. John in the amount of $75.00 for a Board of Zoning Appeals for a Special Use application for the West 93rd Avenue/US-41 Project. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Consider License and Agreement between the Town of St. John and LBL Development to allow access to their property for Freedom Fest Fireworks. Term of the agreement is July 1, to July 5, 2023.

Mr. Blazak made a motion to approve the License and Agreement between the Town of St. John and LBL Development to allow access to their property for Freedom Fest Fireworks. Term of the agreement is July 1, to July 5, 2023. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Consider Uniform Conflict of Interest for Cynthia (Cindy) Sues

Mr. Swets made a motion to approve the Uniform Conflict of Interest for Cynthia (Cindy) Sues. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

6. Consider Appointment of a Specific Individual to the Contractors Board of Licensing term to expire December 31, 2024

Mr. Wiszowaty reported that the individual is Jason Vlasic. Mr. Blazak made a motion to appoint Jason Vlasic to the Contractors Board of Licensing term to expire December 31, 2024. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

7. Consider Appointment of Sergio Mendoza, in his capacity as Zoning Administrator, an annual appointment, to the Contractors Board of Licensing term to expire December 31, 2023

Mr. Swets made a motion to appoint Sergio Mendoza, in his capacity as Zoning Administrator, an annual appointment, to the Contractors Board of Licensing term to expire December 31, 2023. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

There was no information at this meeting.

STAFF REPORTS & CORRESPONDENCE:

A. Clerk-Treasurer – Beth Hernandez had nothing to report.

B. Town Engineer – Tom Nagle, Robinson Engineering, Ltd.
Mr. Nagle reported that advertising for the CCMG paving project will begin next week. They will also be advertising for the Acorn Water Main and Lift Station Abandonment project. He reported on the Pilot Study and that Peerless Midwest will have the results next week. The report will provide comparison to what it would cost to replace the media in the filters to expand the capacity filters as opposed to building new water treatment plants. He reported that they will save millions of dollars when this project is done. He referred to the PASER Study that has to be done in order to get CCMG funding. He admitted their quote was higher than another contractor’s and asked if the expectations are the same. Mr. Schilling confirmed they would make a comparison review.

Evan Laviolette, First Group Engineering, provided some updates on the W. 93rd Avenue road project. Mr. Blazak asked about the house demolition. Mr. Laviolette reported that the fencing of the property will occur on Friday ad that NIPSCO reported that there is a ten-day window for shutting off the gas in the house. The contractor would like to do the demo on Wednesday or Thursday of next week, however, the ten-day window brings it out to the second week of June. Mr. Pondinas asked about the project on Keilman and not having the money to do the entire project. Mr. Pondinas suggested that Cender Dalton see how the Town could come up with the money to finish it. Mr. Wiszowaty explained that the costs have escalated and that the Town is working with a tight budget. He reported that they would be looking at including it in the CCMG budget for next year. Mr. Pondinas asked how many feet there was to go to which Mr. Laviolette responded that it was about 500 feet down to School Street. Mr. Laviolette added that it is a two-part decision as it would need to be coordinated with the Town Council and the Water Board. Mr. Laviolette reported that had the Town done the project in 2020, they could have completed everything within budget, however, the costs have skyrocketed. Mr. Aurelio asked for a ballpark amount needed. Mr. Laviolette responded that they would need roughly $700,000 for the road budget and roughly $160,000, with current pricing, for the water budget. Mr. Aurelio asked for a comparison of doing it this year versus next year.

C. Town Manager – Joseph Wiszowaty
Mr. Wiszowaty reported that the repairs on the Joliet Street Roundabout will begin on June 21st, depending on the weather. The sign on 96th Place and US-41 has been repaired. He reported that First Group will provide pricing on additional street lights at the intersection of W. 93rd Avenue and US 41. He invited everyone to the Memorial Day service on Monday at 8:00 a.m. at the Veteran’s Civic Park behind Town Hall. The VFW and the American Legion will hold a ceremony to honor those who have died for our Nation. The American Legion, Post 369, will be having their Dedication and Open House on Saturday, May 27th at 9501 Wicker Avenue and all are invited to attend. He reported on his attendance to the International Commercial and Shopping Centers Conference and that he will be briefing the Council in the next week or so.

D. Town Council
Mr. Pondinas referred to the house on US 41 that is being demolished. He stated that the Town paid $309,000.00 for the house and someone went in and removed the furnace and much of the woodwork from the house. Mr. Pondinas asked if the Town could get any money back. Mr. Wiszowaty added that when the Town took possession of the house, it was already in that condition. Mr. Pondinas asked when the Town closed on the house. Mr. Blazak added that the house was appraised before anything was taken out of it. Mr. Pondinas thanked all of the veterans that served our country and those that gave the ultimate sacrifice so that public meetings can be held and that people have their rights.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Swets seconded the motion. The Town Council Regular Meeting was adjourned at 7:56 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 28th Day of June, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, June 22, 2023, at 7:03 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer; and Joseph Wiszowaty, Town Manager.

STUDY SESSION DISCUSSION ITEMS:

a. Snell License Agreement for Freedom Fest

Mr. Wiszowaty explained that this agreement will allow access for the Freedom Fest.

b. Guzzo v Town of St. John Payout

Mr. Wiszowaty explained that this is for the payout on the lawsuit and would like to have it completed this month so as not to incur any additional costs. The resolution is for additional appropriations from the General Fund. Mr. Pondinas said that he doesn’t agree that it should come out of the General Fund and referred to an email from the Clerk. Mr. Pondinas further explained that ARPA is like a gift and it should be taken from there, whereas the General Fund is not doing well. Mr. Schilling asked about the ARPA stipulations. Discussion about the General Fund use continued. Ms. Hernandez recommended not paying the lawsuit from ARPA funds, but to take a portion of the 93rd Avenue capital project and move that to ARPA funds to free-up funds in the GO Bond and make the entire lawsuit payment from the GO Bond. She added that the GO Bond was earmarked to pay the Guzzo settlement. Mr. Swets stated that $2.3 million of the GO Bond was earmarked for 93rd. The GO Bond was $5.4 million and Mr. Aurelio requested a breakdown to which Ms. Hernandez responded that she had provided the breakdown but will send it to Mr. Aurelio again. Mr. Wiszowaty requested some direction for tomorrow. Mr. Aurelio asked if either of the Financial Advisor firms provided a recommendation. Mr. Wiszowaty responded that Cender Dalton concurs with the Clerk-Treasurer’s recommendation. Discussion about the recommendations and Bond balance continued.

c. Acceptance of ROW for 109th and White Oak- Olthof Homes (Streamside Subdivision)

Mr. Wiszowaty reported that the Town is working with the development on the roundabout at 109th and White Oak. Olthof is donating the right-of-way carve-out to the Town. Mr. Yatsko with Olthof Homes explained how they have the homestead at the corner of 109th and White Oak, which is not part of Streamside. They worked with Robinson to dedicate an additional triangle for the future roundabout. As it is not part of a subdivision, it is presented as a separate document that would have to be accepted. Questions and discussion about the homestead ensued.

d. Annexation Ordinance – 10040 Cline Avenue (Sanaka) Public Hearing June 28th on matter.

Mr. Wiszowaty explained that Mr. Sanaka is seeking annexation into the Town as a simple R1 annexation and described the property. Mr. Sanaka plans to construct a home for himself and tie into water and sanitary. The public hearing on the matter will be held at the Town Council meeting. Mr. Westland provided the Annexation Ordinance and there will be a resolution for the Fiscal Plan.

e. Investment of Public Funds- Resolution to authorize for 1 year CD

Ms. Hernandez explained that the resolution will allow for the use of CDs outside of the Town’s boundaries to ensure the Town can go out for bid for the highest rates. Mr. Blazak asked how the investment is calculated and for how long. Mr. Hernandez responded that she and Baker Tilly do an analysis of Town funds that can be reinvested, then work with the Town Manager to make decisions. Discussion about the investment terms, FDIC secured maximums, distributions and funds continued.

f. Resolution for Uncollectable Accounts for EMS Billing 2022

Mr. Wiszowaty explained that these are write-offs for a total of $259,981.61. These write-offs consist of Medicare, Medicaid contractual assignments of $247,976.18. The Town cannot bill anyone less and the Medicare and Medicaid will only pay what is contractually allowed, so the difference is written-off. The regular write-offs, for various reasons is $12,005.43.

g. Amendment to Ordinance 1780 – Refunds

Mr. Wiszowaty explained that the intent is to allow checks for refunds be issued immediately by the Clerk-Treasurer’s office with the Town Manager’s approved for up to $1,500.00. This action will eliminate the delay in refunds.

h. Amendment to Ordinance 1719 – Pool Permit Extensions to 90 days

Mr. Wiszowaty is requesting that the permit be extended from 60 days to 90 days as the pool installations are getting pushed back because of supply chain and scheduling issues. Building and Planning is recommending the extension to 90 days on the pool permits.

i. Amendment to Salary Ordinance for Public Works Staff –

Mr. Wiszowaty explained that the intent here is to slow the loss of personnel in the Public Works Department by providing a step increase in pay per the schedule provided in the document. None of the employees covered are going to take a pay cut, while most will be receiving an increase. The increases will take effect on their anniversary date and not on the first of the year. This has been presented to the Public Works employees. Mr. Pondinas asked to have Cender Dalton determine how it will affect the budget. Mr. Wiszowaty responded that the Town is down three (3), going on four (4) crew members, therefore there would probably be a savings.

Ms. Hernandez returned to Item e. to report on the newest reinvestment, on a fifteen (15) month term at 5.15% expiring on August 2, 2024 with a total investment of $1.9 million over various different funds. The GO Bond that was reinvested is at a rate of 5.26% on a three (3) month term expiring on August 2, 2023.

j. 2-Year Maintenance Bond & 3-Year Warranty/Guaranty Letter $49,566.53 for Sublime Estates

Mr. Wiszowaty explained that this is coming before the Council for action to accept.

k. Amend Ordinance 1660 - Change for Fire Report Fee from a per page to a flat $25.00 fee

Mr. Wiszowaty reported that Attorney Westland provided the draft ordinance to do away with the per page fee for Fire Department reports and move to a flat rate.

l. Conflict of Interest – Matthew Easto

Mr. Wiszowaty explained that consideration is being taken to do some work for the Town and engaging Matthew Easto for it.

m. Re-appointments to Impact Fee Advisory Committee:

Mr. Wiszowaty explained that copies of the Board Applications have been provided to the Council members and the Council will be making the appointments to the Impact Fee Advisory Committee as well as reappointments to the Impact Fee Review Board. The Committee and Board address both the Park and the Road Impact Fee.

n. Re-appointments to Impact Fee Review Board

o. Appointments

Mr. Wiszowaty asked if Mr. Nagle with Robinson Engineering could provide some project updates. Mr. Nagle reported on a couple of projects that are going out to bid. The first one, Acorn water main, sanitary sewer and roadway improvement project and how they need to Water Board, the Sanitary District and the Town Council to approve it. The other project going to bid is the CCMG job. He reported that there is a portion of road that is outside of the Town boundaries. They spoke with Lake County Highway about paying for the repairs on that portion of the road. He described how the County would assist in completing the job. On the bid opening process, the projects will be advertised on June 26th with a bid opening of July 17th in a public forum. The reason it has to occur on July 17th is because the Water and Sewer Boards meet on July 18th and a recommendation for the Acorn project could be provided at the meeting. The recommendation could then be presented to the Council on July 26th. The Acorn project could be done before November. Ms. Hernandez asked about the CCMG project and if removing that portion of the road could impact the funds. Mr. Swets explained how the bid responses could play a role in the impact. Mr. Nagle added that in the specifications it said that the quantities are estimated and they could go up or down without penalties. Mr. Swets clarified that if the application is for 2 miles and the Town does 1.9 miles, it would have to be reimbursed. He asked Mr. Nagle to confirm what was applied for in the CCMG application. An Interlocal Agreement with Lake County may need to be prepared and processed. Mr. Nagle reported on the Pilot Study for the water system and they are going to meet with IDEM to discuss the Town’s big picture of getting off of Schererville water based on the results.

ADJOURNMENT:

Mr. Swets made a motion to adjourn. The Town Council Special Study Session was adjourned at 7:46 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of June, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Regular Meeting to order on Wednesday, June 28, 2023, at 7:00 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Councilman Michael Aurelio was absent

Also present: Katie Szczepanski, Deputy Clerk-Treasurer; Joseph Wiszowaty, Town Manager; David Westland, Town Attorney

PUBLIC COMMENT:

Steve Winarski, 8843 Mallard Lane – Mr. Winarski asked if the Town has any street repairs scheduled and listed off some areas in need. Mr. Schilling responded with the road repair plans for the season. Discussion of specific roads and projects ensued. Mr. Winarski asked about Code Enforcement and asked if the Town still had one as he never receives a response. Mr. Winarski voiced concerns about Earl Drive, his tax increases, the lack of response.

Tom Hocker, 12344 Forest Drive – Mr. Hocker provided a report on the St. John Photo Project which officially concludes at the end of the month. He stated that they had an exhibit at the VFW which was portrayed in The Times. He explained how the photographs will be well preserved and available for viewing for years to come. He also stated that he will continue to capture St. John on his own time and eventually do a book.

Terry Nellemann, 9500 W. 103rd Place – Mr. Nellemann referred to a letter he was expecting in regards to Mr. Swets’ resignation. Mr. Swets informed him that he is not resigning.

Randy Niemeyer, Lake County Councilman District 7 – Mr. Niemeyer offered his assistance and support to the Town Council, as a representative of the Town and its residents.

APPROVAL OF MINUTES:

Town Council Regular Meeting – May 24, 2023
Town Council Special Study Session – June 22, 2023

Mr. Swets made a motion to approve the minutes from the May 24, 2023 Regular Meeting and the June 22, 2023 Special Study Session. Mr. Blazak seconded the motion. Mr. Westland noted for the record, the agenda lists the date of May 22, 2023 for the minutes dated May 24, 2023. Motion carried with 4 ayes and 0 nays.

PUBLIC HEARING

Proofs of Publication – Attorney Westland
Mr. Westland confirmed the proofs of publication are in order and compliant with Indiana law.

Opening Remarks
Mr. Wiszowaty reported the petitioner has requested annexation for the property at 10040 Cline Avenue, to the Town of St. John as R1. The parcel is a one PIN at .58 acres. Tonight, before Town Council is the Ordinance annexing the property to be considered on first reading only. At the next meeting the Council will be presented with the Resolution Fiscal Plan for adoption as well as adoption on second reading of this Ordinance.

Mr. Schilling opened the floor to Public Comment.
There was no public comment.
Mr. Schilling closed the floor to Public Comment
Mr. Wiszowaty explained that the Fiscal Plan is attached to the Ordinance.

1. Motion to consider Ordinance No. 1800 Annexing Certain Adjacent Contiguous Territory (Petitioner: Shankar Sanaka)
Mr. Blazak made a motion to consider Ordinance No. 1800 on first reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

There are 6 Requests to Purchase in the combined total of $151,788.32. Mr. Pondinas asked about the request to purchase for the Town Hall. He stated that it started out at $103,000.00 then it went up to $113,000.00. He asked why it was not on the list and why it is $10,000.00 more without coming before the Council before the work was done. Mr. Pondinas addressed the request to purchase for the Fire Department for $100,000.00 as it is the same where it was approved to purchase the equipment. He referred to an email from the Clerk-Treasurer with regards to watching the budget. Mr. Wiszowaty explained that the Fire Department request to purchase actually went down from the original request and discussed as part of the ARPA fund. The request is significantly lower than the original quote. Mr. Pondinas responded about the protocols being followed. Mr. Swets made a motion to approve the 6 Requests to Purchase in the amount of $151,788.32. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Payment of the Bills

Mr. Blazak made a motion to approve the Accounts Payable Voucher dated June 28, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,280,563.61. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Motion to approve and authorize payment of Judgement for Guzzo v Town of St. John and to authorize the Clerk-Treasurer to remit payment of $999,020.83 from proceeds from the General Obligation Bond in an amount not to exceed $70,000.00 as appropriated from the Town’s General Fund

Mr. Wiszowaty reported that the $1.2 million was previously submitted and this is the balance due. The Town Council has two courses of action: 1) appropriate the $70,000.00 out of the General Fund, or 2) appropriate the $70,000.00, move those funds over out of the Bond Proceeds for the settlement and pay the entire amount out of the Bond Proceeds, use that additional $70,000.00 for the ARPA Funds for the West 93rd Ave project to backstop that. The $999,020.83 is coming out of the Bond Proceeds. The $70,000.00 would be considered out of the ARPA or the General Fund. The Clerk-Treasurer’s recommendation is to use the ARPA Funds toward the 93rd Avenue project and not to use the General Fund. Mr. Westland asked if the numbers were correct. Mr. Dalton of Cender Dalton, confirmed the accuracy of the numbers as of yesterday with the interest accruing at about $148.00 per day. Mr. Westland stated that as of Friday, the number was $1,064,468.87, providing the calculations, adding that assuming the check will be sent overnight for Friday delivery, it would be the payoff. Mr. Wiszowaty said that with the $70,000.00 additional appropriation, it gives them $1,069,000.00. Mr. Swets made a motion to approve and authorize payment of Judgement for Guzzo v Town of St. John and to authorize the Clerk-Treasurer to remit payment of $999,020.83 from proceeds from the General Obligation Bond in an amount not to exceed $70,000.00 as appropriated from the Town’s General Fund. Mr. Blazak seconded the motion. Mr. Westland clarified that the motion approves the $1,064,468.87. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

Mr. Westland provided an explanation about the case. He explained there was a piece of property near US 41, approximately 7 acres, which was taken through eminent domain in March, 2014. At the time, the Town Council took the property for the purpose of economic development and the property was transferred to a developer. Economic development is and was a legitimate purpose that municipalities can use eminent domain to foster. A few years later, a case out of New Jersey went to the Supreme Court challenging the right of municipalities to take properties for that reason. Indiana, as well as many other states, decided that, if you’re going to take property, which is someone’s residence, for the sole purpose of transferring it to another private developer for economic development, you have to pay 150% of the fair market value. The law went into effect in about 2017, which was three years after the lawsuit was filed. Typically, when laws get passed, they don’t have retroactive effect, so the Council at the time decided not to pay the 150% because this law does not have retroactive effect. This case went to the Supreme Court where the Supreme Court said the law does have retroactive effect, therefore any case that is pending, this particular determination would apply, unless there was already a jury determination value set. The case then went to the trial court to determine if it qualifies as residential property under the statute. In 2014, the property had a house on the 7 acres, that has not been lived in for almost 5 years, the utilities were pulled, meters removed and the water was turned off. Although it was a residence from the 1970s to 2009, the legal argument was in 2009 it became an abandoned residence. The appeals court had to decide if it was still a house and they determined it still qualified as a residence and the 150% applies. The original 100% was paid about a year ago. The land owner is entitled to interest on their money from the time the case was filed, which was March 2014. Therefore, with a statutory rate of 8% per annum, any significant number in damages accelerates quickly. Mr. Pondinas stated that he was going to make the motion to pay the proceeds from the Bond as opposed to the General Fund.

B. Ordinances and Resolutions

1. Ordinance No. 1797: An Ordinance Amending Ordinance 1719, Section 11 “Permit Validity” allowing for Pool Permits for 90 Days

Mr. Swets made a motion to consider Ordinance No. 1797 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays. Mr. Blazak made a motion to adopt Ordinance 1797 on second reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Ordinance No. 1798: An Ordinance Amending Ordinance 1780 Section 2-14 of the St. John Municipal Code Regarding Issuance of Refunds

Mr. Wiszowaty explained this action allows the Clerk-Treasurer’s office to issue the refunds for any amounts under $1,500.00 with the Town Manager’s approval without the necessity to go before the Council. Insurance refunds need to be issued within a certain amount of time. Mr. Swets made a motion to consider Ordinance No. 1798 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Blazak made a motion to adopt Ordinance 1798 on second reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Ordinance No. 1799: An Ordinance Amending Ordinance 1787 – 2023 Salary Ordinance

Mr. Schilling reported that this is the outline that Mr. Davis and the Town Manager worked out with Public Works. Mr. Pondinas asked if it was reviewed by Cender Dalton. Mr. Wiszowaty responded that he had discussed any impact with Mr. Dalton. Considering the Town is down 5 employees this fiscal year, this should not have any negative impact on the budget. Mr. Swets made a motion to consider Ordinance 1799 on first reading. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

4. Ordinance No. 1801: An Ordinance Amending Ordinance 1594 – establishing a Flat Rate for Fire Department Reports

Mr. Schilling read that the ordinance amends the current code and changes the fee for a Fire Department Report from a per page fee to a flat fee of $25.00. Mr. Blazak made a motion to consider Ordinance No. 1801 on first reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Swets made a motion to adopt Ordinance No. 1801 on second reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

5. Ordinance No. 1802: An Ordinance Amending Salary Ordinance 1787 and 1796

Mr. Schilling read that the ordinance amends the Building and Planning positions apportionment of salaries for personnel. Mr. Swets made a motion to consider Ordinance No. 1802 on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays. Mr. Swets made a motion to adopt Ordinance No. 1802 on second reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

6. Resolution No. 2023-06-28A: a Resolution Declaring Uncollectible Accounts of the Town of St. John as Bad Debt and Authorizing the Collection Efforts Cease and allowing the Clerk-Treasurer to write off said accounts.

Mr. Swets made a motion to approve Resolution No. 2023-06-28A. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

1. Resolution No. 2023-06-28B: a Resolution Authorizing Additional Appropriations for the St. John General Fund, Fund Number 1101

Mr. Westland noted that additional appropriations require a Public Hearing, therefore, the Council cannot take this action. Mr. Wiszowaty suggested deferring it and setting up a Public Hearing for it. Mr. Dalton asked to approach. Mr. Dalton asked if there is an opportunity to pay from the bond proceeds. Mr. Wiszowaty explained that the earlier motion approved taking it from the General Fund, and to allow the fund to go negative until the additional appropriation can be approved. Mr. Swets made a motion to defer. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

2. Resolution No. 2023-06-28C: a Resolution Authorizing the Investment of Public Funds pursuant to IC 5-13-9-5

Mr. Blazak made a motion to approve Resolution No. 2023-06-28C. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

C. Council Action

1. Consider Dedication of Right-of-Way to the Town of St. John from Lake Acquisitions Inc. as specified in the Conveyance in Exhibit A and B and authorize the Town Council President to execute Acceptance and Acknowledgement (Southwest Corner of White Oak Ave and 109th Ave)

Mr. Swets made a motion to accept dedication of Right-of-Way to the Town of St. John from Lake Acquisitions as specified. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

2. Consider License and Agreement between the Town of St. John and Harry A. and Katherine A. Snell Living Trust to allow access to their property for Freedom Fest Fireworks. Term of the agreement is July 1, to July 5, 2023.

Mr. Swets made a motion to accept the License and Agreement between the Town of St. John and Harry A. and Katherine A. Snell Living Trust. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

3. Consider Uniform Conflict of Interest for Matthew Easto

Mr. Swets made a motion to accept the Conflict of Interest Statement for Matthew Easto. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

4. Consider Acceptance of 2-Year Maintenance Bond and 3-Year Warranty/Guaranty Letter $49,566.53 for Sublime Estates

Mr. Wiszowaty asked to defer this to the next meeting. Mr. Swets made a motion to defer. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

5. Consider Acceptance of Performance Surety – St. John Commons, Phase 2 Performance Surety in the form of a Letter of Credit in the amount of $558,933.00

Mr. Swets made a motion to accept the Performance Surety in the amount of $558,933.00. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

6. Consider Appointment of Specific Individuals to the Impact Fee Advisory Committee

Mr. Wiszowaty explained there are four names for consideration. Reappointments of two members, Donna Fathke and Joan McInerney and two new appointments, Brad Lambert, replacing Jack Slager and Kathy O’Brien, replacing Dennis DeVito. All of the terms would expire December 31, 2023. Mr. Pondinas asked to vote on those one by one. Mr. Swets asked why the Council is reappointing members for a six month term. Mr. Wiszowaty explained that the Town has action that needs to be taken by the Impact Fee Advisory Committee at their meeting scheduled for July 5th and their terms have expired.

Mr. Blazak made a motion to appoint Donna Fathke to the Impact Fee Advisory Committee. Mr. Swets seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Swets made a motion to appoint Brad Lambert to the Impact Fee Advisory Committee. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

Mr. Swets made a motion to appoint Joan McInerney to the Impact Fee Advisory Committee. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

Mr. Swets made a motion to appoint Kathy O’Brien to the Impact Fee Advisory Committee. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

7. Consider Appointment of Specific Individuals to the Impact Fee Review Board for the term to expire 12-31-2023

Mr. Swets made a motion to appoint Scott Zajac to the Impact Fee Review Board. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 0 nays.

8. Consider Appointment of a Specific Individual to the Parks and Recreation Board for the term to expire 12-31-2024

Mr. Swets made a motion to appoint Rick Monroe to the Parks and Recreation Board. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

9. Consider Appointment of a Specific Individual to the Sanitary District Board for the term to expire 12-31-2026

Mr. Swets made a motion to appoint Rick Monroe to the Sanitary District Board. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 1 nay by Mr. Pondinas.

STAFF REPORTS & CORRESPONDENCE:

A. Clerk-Treasurer – Katie Szczepanski asked to put on record that the Clerk-Treasurer’s Office is disappointed that the Council disregarded the Clerk-Treasurer’s opinion and the Town Manager’s opinion and the Financial Advisor’s opinion to pay the entire settlement from the Bond Proceeds. Instead a decision was made tonight to fund a portion of it from our General Fund, where spending is occurring at an alarming rate. At the Study Session, an opinion letter from the Financial Advisor was requested to take opposite course of action than the action taken tonight.

B. Town Engineer – Tom Nagle reported that they will be taking bids on the Acorn water main, lift station abandonment and roadway resurfacing projects on July 17th. On July 18th, they will make recommendations to the sewer and water boards and on July 26th they will provide a recommendation to Town Council for the award on it. He then reported on the Pilot Study results and how they have been working with IDEM for the past few weeks. They are seeing positive results and will report more on it when the IDEM approval is received. He added that the Town can increase their water production with the current wells, and by retrofitting the treatment plants could reduce the reliance on Schererville water and save money. Lastly, he reported they’ve been working on the sewer capacity with Schererville, whereby the Town currently owns 30% of the wastewater treatment plant. Looking at the flows right now, the Town is at 76% capacity, which does not include the approved subdivisions and the unbuilt homes. To include those anticipated new homes in the calculations, the Town is at 98%. Conversations with Schererville have begun by Mr. Wiszowaty and the sewer board President to try to get more capacity. The intent is, to apply the additional cost associated with the increasing the capacity, to the future homeowners. Mr. Schilling asked Mr. Nagle to provide information on the Community Crossings Grant project. Mr. Nagle reported that the Town gets a $1 million match up to a $2 million job. They try to do the projects that are $2 to $2.4 million range. The roads that were chosen are 93rd Avenue, Deodor going south from 93rd and going north up to Parrish, then to 85th Street, and White Oak Avenue. 93rd Avenue will be from Deodor to the east side of Town. The part in front of the VFW is not on the list because of the long term planning on the curve. Mr. Schilling asked about repaving the east bound lane in that area. Mr. Wiszowaty suggested a mill and fill on that section. Mr. Nagle provided some options for completing that portion and getting some pricing. Mr. Pondinas asked about the problem with the portion of the road that belongs to the County. Mr. Nagle reported that they are working with the County on getting the funding allocated for that section. He said the County contractor is Milestone and Milestone is bidding on the Town project. If Milestone comes in low on that project, they will bill the County for that portion. If Milestone does not, there will have to be an inter-governmental agreement to transfer funds.

Evan Laviolette with First Group reported on the 93rd Avenue project saying the old water main on the west side is constantly breaking from the vibrations from the machinery. As of yesterday, all of the residents on the west side of the road hooked up to the new line and they shut off the old main on the west side. They will be finishing up the storm sewers this week and cleaning up for the festival. Mr. Blazak asked when the roads will be put back and the other half closed off. Mr. Laviolette responded that they have a progress meeting this week and should have a fine-tuned schedule then. They are talking about early August or late July to switch over to the south side of the road. Discussion on the process ensued. Discussion on the church property continued.

C. Town Manager – Joseph Wiszowaty reported that the Town received the property tax distribution totaling $5,861,527.00. Cender Dalton was asked to do a cash flow analysis on the TIF Funds. The Town also received the INDOT project coordination contract for the Community Crossings Matching Grant and once the contract has been awarded, the funds request will be submitted. Bid reviews for the CCMG and the Acorn water, sanitary and street project will be at the Study Session or before the regular Council meeting. The budget process has begun for fiscal year 2024. The Department Heads have submitted their budget requests for review. Revenue projections have been requested from the Clerk-Treasurer’s office for fiscal year 2024. St. John Freedom Fest is on Monday, July 3rd, kicking off with a 5K run at 2:00 p.m. The bands will begin at 3:00 p.m. Fireworks will be at 9:30 p.m. There will be over 17 vendors that have signed up and many activities for the kids, including a video gaming truck. St. John the Evangelist Catholic Church is having their annual parish festival from July 6th through July 9th.

D. Town Council
Wayne Pondinas – Mr. Pondinas addressed how much money the Town is spending right now. He referred to an email sent to the Council from the Clerk-Treasurer saying to watch how the money is being spent, noting this was the first time the Town was in the red. Mr. Pondinas stated that the Town is spending more money than what is coming in. Mr. Pondinas then referred to an email he sent to the Council saying that the Department Heads and the Town Manager should not be making any decisions and that it should be the Town Council until the end of the year. He stated that he did not like paying the Guzzo thing through the General Fund, especially with the General Fund being at $236,000 in the red. He asked the Town Manager why we keep locking doors in the basement. He heard it was a safety thing. He said he received a complaint today about getting in there and had to ask for a key to get in there. The door has always been open.

Gerald Swets – Mr. Swets reported that Tri-Town Safety Village met with all three (3) communities and have approved an accounting firm to begin the process of an audit. They will provide the report of the audit findings and recommendations.

Bryan Blazak – Mr. Blazak reported that the paving will start within the next 3 to 4 weeks.

Michael Schilling – Mr. Schilling asked about the door concerns raised by Mr. Pondinas. Mr. Wiszowaty responded that there is no safety hazard with respect to the doors. There is a key access to the door that is locked. Mr. Schilling asked to be sure there were no safety issues.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Swets seconded the motion. The Town Council Regular Meeting was adjourned at 8:16 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of July, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, July 20, 2023, at 7:00 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman and Michael Schilling, President.

Councilmen absent: Michael Aurelio, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; and Joseph Wiszowaty, Town Manager.

STUDY SESSION DISCUSSION ITEMS:

a. Student Resource Officer – Police Chief S. Flores

Chief Flores explained that this Student Resource Officer is for the Crown Point Christian School, and recapped some of the information discussed in a previous Town Council meeting. The setup would be the same at the setup with Lake Central Schools. Terms of the contract were discussed. Ms. Hernandez clarified that the officer would have to be budgeted and reimbursed to the General Fund. Mr. Terpstra, a member of the Board of Trustees, as well as an attorney, explained that the Organization would be obligated to reimburse the Town for all of the expenses related to the contract. Mr. Pondinas asked about the cost of the uniform and vehicle, to which Mr. Terpstra responded it would be paid for by the School through a safety grant and several donors. Mr. Wiszowaty asked about the Agreement Term and the fiscal year. Mr. Terpstra asked for an initial two year term, but has no objection with one year terms for the following years and added that the fiscal year is from June 1st to May 31st. Mr. Swets stated that he would prefer two-year agreements. Mr. Wiszowaty addressed the Indemnity section of the agreement regarding the insurance and Mr. Terpstra clarified that the school would be a loss payee if a fault was attributed to the officer’s actions as the officer is not employed by the school. Mr. Westland questioned the verbiage in the Indemnity section in the agreement. Mr. Westland questioned another section of the agreement referring to the school’s decision to replace SROs. The Town and the school should agree on an officer and that officer remains assigned for a period of time. The number of days assigned was discussed. Timing of agreement execution and hiring of replacement was discussed.

b. Annexation Matter:

a. Fiscal Plan Resolution 10040 Cline Avenue

Note: Public Hearing and Ordinance approved on 1st Reading June 28, 2023

n. Recommendation from Plan Commission: Adopt Park Impact Fee Ordinance

Mr. Wiszowaty reported that the Park Impact Fee is up for renewal every five years and this is the year. The study was commissioned by the Parks and Rec Board and awarded to American Structurepoint. In attendance here is Luke Kessler, with David Baird virtually. Mr. Baird explained that there are two items on the agenda, the first one being the Zone Improvement Plan Resolution and the second one is the actual Park Impact Fee Ordinance. The Plan is mandated by the State any time an Impact Fee is done. He explained the steps that were done according to statute. The Plan has all of the proposed improvements that have come forth through the master planning process. He displayed a document on the screen and explained how the proposed Impact Fee of $3,423.00 was derived. He added that it is a substantial increase due to the Community Center and the impact the growth will have on the existing infrastructure. Mr. Pondinas asked if the fee would increase and Mr. Baird responded that there would be no increase for the five years. Mr. Swets asked about the number of 5,252 housing increase in the next ten years. Mr. Baird explained the process by which they determined that number. Mr. Westland asked whether the Impact Advisory Committee’s and the Plan Commission’s recommendations were consistent. Mr. Baird responded that the Impact Fee Advisory Committee decided on a lower cost, while the Plan Commission recommended the full amount. Mr. Wiszowaty explained that the reason the Committee gave a lower recommendation is because they did not want the new residents paying the full burden and that existing residents should also be paying a portion. He added that impact fees have to be charged to the new residents, not the existing. Mr. Baird stated that there were some strong opinions expressed from the Committee that the full cost should not go to new residents. Mr. Westland stated that there are two (2) recommendations and the amount in the Ordinance is blank, therefore the Council will need to determine what that amount will be. Mr. Westland added that the Resolution to approve the Zone Improvement Plan statutorily has to come before the Ordinance.

o. Approve Zone Improvement Plan Resolution – Covered in previous topic.

c. Unsafe Building Code Provision: Attorney Heather McCarthy

Ms. McCarthy reported that she met with Mr. Wiszowaty and Mr. Mendoza with regards to the Town’s Unsafe Building law. She added that she is an attorney, represents the City of Hobart and works with municipalities to bring their codes up to date. She reported that she has a done a preliminary review of St. John’s codes and, although existing, nothing has been done to operationalize it when there are unsafe buildings. She listed off some examples of unsafe buildings.

(Mr. Westland left the meeting at 7:35 p.m.)

Ms. McCarthy summarized some of the steps taken to legally address the situations with unsafe buildings. She stated that there is a lot of confusion with unsafe building law, that it is not the Town taking a property, but it is ridding the Town of an unsafe structure. The municipality has an obligation to address unsafe structures. Mr. Schilling asked about determining if it is unsafe. In some instances, the County Health Department is brought in, other times the fire officials address it or other building officials. There has to be an evidentiary record created. Mr. Wiszowaty explained that putting the processes, procedure and legislation is necessary and that is the reason for engaging Ms. McCarthy. Ms. McCarthy’s role would be to assist in getting the infrastructure in place for the Town, giving the Town a way to address those buildings.

d. Waiving Vendor Fees for the Fire Department Open House - Fire Chief K. LaDuke

Chief LaDuke stated that he is asking the Council to consider waiving the Vendor Fees for the Fire Department Open House, scheduled for October 7th. They have 5 vendors registered and 5 interested vendors.

e. Fire Department Budgetary Transfer – Fire Chief K. LaDuke

Chief LaDuke explained how the shifts are structured in the Fire Department. During a review of the year-to-date financials, the department has a number of unused hours in the part-time appropriation. They have only used about 68% of the budget thus far and annualized, projects having a surplus of $134,746.00 by the end of the year. He is asking the Council to allow an appropriation transfer for the remainder of the year to the full-time appropriation line item and to create a full-time fire-fighter/paramedic position, which could be fully funded by the fund transfer. He is looking at a September 1 date, following all of the processes needed to accomplish it. He explained that he included the position in his FY2024 budget proposal. He explained more about the staffing levels and the issues they have at those levels. Chief LaDuke distributed a document to the Council members. Chief LaDuke clarified that he is not asking for any new money, but that he wants to use the money, that would not be used, differently, while increasing the amount of service provided. Mr. Swets asked him why he was not using the money for part-time. Chief LaDuke responded that he is trying, then explained that the part-time workers are just not picking up hours. He added that the majority of the calls are ambulance, not fire. Mr. Wiszowaty explained that this would be an additional change to the Salary Ordinance, as well as the new Police Officer.

f. Fire Equipment ARPA – Fire Chief K. LaDuke

Mr. Wiszowaty explained that he provided the Requests to Purchase for the fire equipment. The invoice for $672.28 is also pending approval and will appear on the ARPA resolution as well. He added that the RTP for $104,933.72 was approved by the Council at the last meeting. Chief LaDuke addressed the RTP for the ballistic vests and explained the reasoning behind it. In an active shooter situation, the fire department would be able to enter the scene to assist the injured if they had the vests, otherwise, they would not enter.

g. Interlocal Agreement EVP Emergency Pre-emption Devices- Resolution

Chief LaDuke and Deputy Chief Gillette presented this topic explaining that the grant is for the GPS integrated opticoms, providing priority for emergency vehicles. There are 3 intersections being addressed with this grant as well as a number of fire and police vehicles. The intersections include Olcott and 109th, Calumet and 101st, and Civic Drive. This is part of a $6.45 million grant from NIRPC involving a number of communities. The document before the Council is an Interlocal Agreement as part of the grant. There will be an expense beginning in 2026.

h. Additional Appropriation Resolution

Ms. Hernandez reported that she had emailed seven (7) appropriations for consideration.

i. Transfer Resolution - Category to Category

j. Recommendation from Storm Water Board Resolution – Cender Dalton D. Dalton

Daniel Dalton, Cender Dalton reported that the Storm Water Management Board provided a recommendation to the Council for the implementation of a Storm Water Fee. Cender Dalton, along with staff, conducted a rate study on property class codes, number of properties, costs to cover MS4 compliance, as required by the State, and other operational costs. Mr. Blazak asked when the information has to be submitted to the County to be added to the tax bills. Mr. Dalton responded that the timeline to have this approved by the Council on July 26th on first reading and adopt the Ordinance in August. He added that by the end of September he will have coordinated with the County to get the parcels and submit the billing file. Mr. Schilling asked about collecting it monthly, to which Mr. Wiszowaty responded that it was discussed but that it would be logistically difficult. Ms. Hernandez asked Mr. Blazak what was the other reason not to do it monthly. Mr. Blazak responded that the Board considered it. Ms. Hernandez stated that it would just be added on the water bill. Mr. Dalton responded that it was simpler procedurally to ask the County to put it on the tax bill one time per year. Mr. Dalton added that this was discussed last year and he recalls the argument was that it would be a large burden to handle all of the monthly bills. Placing the fee on the water bills was discussed further. Mr. Dravet interjected to explain that the fee assessed as the land use of the parcel and the Clerk Treasurer’s office does not have access to that data as the Clerk Treasurer’s data is based off of an address. Not everyone getting charged gets water from St. John.

k. Recommendation from Water District - 2023 Budget Adoption

Mr. Wiszowaty reported that budgets were prepared and presented to both the Water District and the Sanitary District for FY2023 and were adopted by each of the Boards. These budgets are for the Utility portions of those departments. The recommendation is for the Council to approve those. In the past, the Town has not done a budget for the Utility, so these will be the first. Cender Dalton for the Water and Baker Tilly for the Sanitary District had put a lot of time and energy into getting these numbers as accurate as possible, for the remainder of the year. Mr. Swets asked for the reason of adopting a budget for the last five months of the year. Mr. Wiszowaty stated that the Boards were both adamant about having the 2023 budget. Mr. Dalton stated that he prepared it through June 30th financials to estimate the remainder of the year. Ms. Hernandez stated that her understanding from the Board members was that they wanted to start with the 2024 budget. Ms. Hernandez added that she can’t just open the budget in the system as it had already been submitted. Mr. Dalton added that the intention was to track these unappropriated utility funds to ensure the Town can maintain internal records. Ms. Hernandez suggested the Town Manager create an Excel spreadsheet for tracking 2023.

l. Recommendation from Sanitary District - 2023 Budget Adoption – Included in k.

m. Planning and Zoning Matters

a. Sublime Estates – 2 Year Maintenance Bond (Presented at prior meeting)

Mr. Wiszowaty explained this was for the acceptance of a 2-year Maintenance Bond and 3-year Warranty/Guaranty Letter in the amount of $49,566.53. Mr. Swets asked about the amount of the Bond. Mr. Schilling responded that it is a smaller subdivision.

b. BZA Favorable Recommendation 10033 Wicker Avenue Top Nail

Mr. Wiszowaty explained this was for the Special Exception for the US-41 Overlay District with a favorable recommendation from the BZA.

n. Engineering Updates and Recommendations – Tom Nagle Robinson Engineering

Mr. Nagle reported that he has two (2) bids and Earl Drive for discussion. The first bid was the Acorn water main and reported that on July 17th at 10:00 a.m., the bids were opened publicly. He reported that the low bidder was M&J Underground for $1,344,853.25. The second bidder was Grimmer Construction for $1,631,293.50 and the third bidder was Gatlin Plumbing and Heating for $1,650,000.00. The engineer’s estimate was $1,350,000.00. The contract involves a sewer component and a water component and the prices were broken up as such. The water portion of the contract is $1,121,008.75 and the sewer portion is $223,844.50. He added that both the Water Board and the Sanitary Board agreed to the bids. The contract, according to Mr. Westland, will require approvals from the Water Board the Sanitary Board and the Town Council. Mr. Pondinas brought up a lawsuit that included M&J Underground. Mr. Pondinas said that Counsel reported that this did not make them an irresponsible bidder and that it should not affect the bid. Mr. Nagle and Robinson Engineering recommend M&J Underground with the bid of $1,333,853.25. He reported that after Town Council approval, they have a tentative pre-construction meeting scheduled for the following Friday at which time they will create a schedule. They will then prepare a letter to the residents in the area.

Mr. Nagle reported that on July 17th at 10:00 a.m. they opened bids for the 2023 CCMG paving improvements. The low bidder was Milestone Contractors North Inc. at $2,190,137.85 and the second bid came from Reith-Riley Construction Co. at $2,671,507.81. The engineer’s estimate on the project was $2.4 million. The recommendation is to award it to Milestone. This incorporates a $1.0 million CCMG Grant. It also incorporates a small part of the County route that is on Parrish, and as Milestone is the County’s general paving contractor, Milestone will invoice the County directly for that portion of the route. If the Board approves the contract, they would hold the pre-construction meeting on the following Friday. The intention is to start within a couple of weeks of the pre-construction meeting, upon receipt of their insurance, bonds and Town signatures. Mr. Wiszowaty added that the Town needs to send the funding request to the State as well.

Mr. Nagle addressed the Earl Drive project. He described the location as being east of the McDonalds. He explained that the issue with Earl Drive is the property owners are all the way across Earl Drive and is private property. Robinson Engineering recommends that the Town buys the private property, turns it into right-of-way and improves the roadway. He referred to a map displayed on the screen and spoke on several sections of the map. He added that it would be a substandard right-of-way but is the best they could do without impeding on the property owners. He described some of the improvements recommended. The cost for the work is about $110,000.00. He said that the plan has been presented to the property owners with positive response. Still needed are approvals and negotiations on the property price. Mr. Schilling said that leaving it the way it is, is not the answer. Mr. Wiszowaty added that the property owners seemed happy to get it resolved. He added that he is seeking direction from the Council before getting appraisals on the right-of-ways needed in order to make an offer to the property owners. Mr. Pondinas responded that appraisals have already been done, and Mr. Wiszowaty stated that it didn’t consider the additional right-of-way necessary. Mr. Nagle referred to another map showing the plans for improvement.

o. Interlocal Agreement with Lake County ARPA Funds

Mr. Wiszowaty reported that last year Lake County requested a list of projects that the Town is considering for the next few years. The County Council is allocating $462,143.00 to the Town, which was approved by both the County Commissioners and the County Council.

p. Ordinance Establishing Specific TIF Funds

Mr. Wiszowaty explained that the Ordinance will be establishing three (3) separate funds for the TIF.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Special Study Session was adjourned at 8:39 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 26th Day of July, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Regular Meeting to order on Wednesday, July 26, 2023, at 7:02 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; David Westland, Town Attorney

PUBLIC COMMENT:

Fred Benoit, Gates of St. John – Mr. Benoit presented a petition from 168 people against the Vape Shop going in the new development off of Parrish. He reported that there are too many kids around there for a Vape Shop and that it is not zoned for one. He reported a statistic and added that there is a Vape Shop nearby already. He provided the petition to Councilman Schilling.

Rob Kmetz, (Address not provided) - Mr. Kmetz stated that Councilman Swets made a disparaging remark about a disabled veteran. When asked, he denied saying it. He said that Councilman Swets was asked to apologize but has not done so and continued to berate the Councilman. He added that he expects an apology from Mr. Wiszowaty for racist posts on Facebook and continued to describe the remarks. He then addressed nepotism and accused Councilman Aurelio for hiring neighbors for paid performances.

Terry Nellemann, 9500 W. 103rd Place – Mr. Nellemann asked if a resignation letter from Councilman Swets was sent to him. He asked Councilman Schilling if he asked or would ask him to resign. Councilman Schilling responded that he did not, nor would he. Mr. Nellemann displayed an Ethics Pledge posted in the Hammond Times and asked if the Town of St. John signed an ethics pledge with the Shared Ethics Advisory Commission. He continued to ask more questions about such pledge. He asked Councilman Schilling to have Councilman Swets resign.

Councilman Pondinas read a statement that was sent to him from Ed Marek, 10135 W. 93rd. In his statement he said he is opposed to the Storm Water rates as it puts an unfair tax on homeowners to carry the bulk of the tax while giving vacant and large parcels a huge discount. He continued to say this tax should be paid by the billion dollar plus home industry that created this scenario.

APPROVAL OF MINUTES:

Town Council Regular Meeting – June 28, 2023
Town Council Special Study Session – July 20, 2023

Mr. Blazak made a motion to approve the minutes from the June 28, 2023 Regular Meeting and the July 20, 2023 Special Study Session. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

PRESENTATIONS AND PUBLIC HEARING

A. Presentation: South Shore Convention and Visitors Authority (SSCVA) – David Uran, CEO

Mr. Uran described the relationship the SSCVA has with the municipalities and how visitors play a big role in economic development. The SSCVA’s role is prospecting, securing and holding sporting events, and showcasing leisure opportunities. Tourism is a billion dollar industry and St. John has a great attraction in The Shrine of Christ’s Passion which brings in 250,000 visitors annually. They market through their Leisure Guides and promote the regional businesses and attractions. He explained the benefits of tourism as community investments and job creation. Lake County highlights $1.1 billion in tourism spending, which creates 15,000 jobs in the hospitality industry. He also explained how the tourism saves every household in the region $633.00 in taxes every year. The SSCVA is a resource to the Town to assist with economic development.

Mr. Pondinas asked Mr. Schilling if Evan Laviolette could provide an update on the West 93rd Avenue Project at this time. Mr. Laviolette provided an updated schedule on the water main hookup. He reported that the final grading on the west side of the road will begin next week to get the curb line in. On the restriction on US-41, the plan is to have that restriction pulled at the end of the day, Monday. He reported that the north end of the road should be paved by the end of August. The south side of the road will have less work as there are no water mains involved.

B. Public Hearing:

Proofs of Publication – Attorney Westland
Mr. Westland confirmed the proofs of publication are in order.

Opening Remarks – Clerk-Treasurer
Ms. Hernandez stated that all Council members should have received an email sent on July 5th with the additional appropriation requests made by various departments with the details. Additional appropriations are to cover expenses that exceed the 2023 budget.
Mr. Schilling opened the floor to Public Comment.
There was no public comment.
Mr. Schilling closed the floor to Public Comment

1. Motion to Approve Resolution No. 2023-07-26A Additional Appropriation
Mr. Blazak made a motion to approve Resolution No. 2023-07-26A. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

OLD BUSINESS:

A. Ordinance No. 1799: An Ordinance Amending Ordinance 1787 – 2023 Salary Ordinance

Mr. Pondinas explained that in the 2022 Ordinance, the Class I person could make up to $37.01, compared to the new Ordinance, the most the Class I person could make with 10 years is $26.85, which is 38% of their pay. Mr. Pondinas read a prepared statement. He said that one of the employees that recently left was told that he could not advance as he was going too fast. When Mr. Pondinas asked Mr. Wiszowaty for paperwork he had when discussing it with the employees he was told he could not get it. He accused the Town of disrespecting the employees and that the Town should offer employees a raise before they get another job.

Mr. Schilling asked Mr. Wiszowaty about the Class II position. Mr. Wiszowaty responded that Class I and Class II are not on this Ordinance and that the rate is higher. He was asked if anyone in Public Works reached out to him about it, to which Mr. Wiszowaty responded that he has not heard from any of them. Mr. Wiszowaty reported that the Ordinance is leveling the playing field for everyone as you have a step based on your number of years of service with the Town, plus the incentives. The starting pay would be going from $18.99 to $23.09. A discussion about new hires and qualifications continued. Mr. Swets stated that the Council had this document last week for discussion. Mr. Swets said that Mr. Wiszowaty was asked last week if anyone’s pay was going down and he said no. Mr. Wiszowaty responded that a statement was added to the Ordinance to ensure no employee is impacted by this Ordinance. Mr. Swets made a motion to defer. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

B. Annexation – 10040 Cline Avenue Property (Sanaka)

i. Resolution No. 2023-07-26 Adopting the Fiscal Plan for the six-tenths acres subject to the petition for Annexation filed by Shankar Sanaka

Mr. Swets made a motion to adopt Resolution No. 2023-07-26. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

ii. Ordinance No. 1800 An Ordinance Annexing Adjacent and Contiguous Territory to the Town of St. John

Mr. Swets made a motion to adopt Ordinance No. 1800 on second reading. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

Mr. Schilling reported that there are 8 Requests to Purchase in the combined total of $331,815.82. Mr. Pondinas reported an error on the RTP for the camera from Midwest Electric. The original RTP for the camera was through HECC and asked if the RTP had to be changed. Mr. Wiszowaty responded that this is the change. Mr. Pondinas reported that three water towers will be cleaned for $34,500.00. On the helmets and vests for the Fire Department, he is against sending the firemen into a hot zone if there’s a shooting. On the remodel work at the Town Hall, it was for $103,466.00 and somehow got another $10,000.00 tacked into that. He said he would like to pay Schilling the $59,934.78 and that the $10,345.00 did not have Town Council approval. At the time, he asked to wait until June but the project proceeded. Mr. Swets made a motion to pay the 8 Requests to Purchase. Mr. Blazak seconded the motion. Motion carried with 3 ayes, 1 nay by Mr. Pondinas, and 1 abstention by Mr. Schilling.

2. Payment of the Bills

Mr. Blazak made a motion to approve the Accounts Payable Voucher dated July 26, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,315,157.77. Mr. Swets seconded the motion. Motion carried with 4 ayes, 0 nays, and 1 abstention by Mr. Aurelio.

3. Motion to approve final payment to Schilling Construction in the amount of $70,279.78 for Town Hall Improvements and direct the Clerk-Treasurer to issue immediate payment.

Mr. Blazak made a motion to approve final payment to Schilling Construction in the amount of $70,279.78 for Town Hall Improvements and direct the Clerk-Treasurer to issue immediate payment. Mr. Swets seconded the motion. Mr. Swets asked about the difference in the amounts as the invoice is for $68,279. Mr. Wiszowaty explained that there was a retainage held, so this would be the total payment. Ms. Hernandez confirmed that the $2,000 is due and owing. Motion carried with 4 ayes, 0 nays, and 1 abstention by Mr. Schilling.

4. Motion to approve progress payment to F.H. Paschen for the 93rd Avenue Project in the amount of $154,265.86 and direct the Clerk-Treasurer to issue immediate payment.

Mr. Blazak made a motion to approve the progress payment to F.H. Paschen for the 93rd Avenue Project in the amount of $154,265.86 and direct the Clerk-Treasurer to issue immediate payment. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Motion to approve progress payment to First Group for the Construction Engineering for the 93rd Avenue Project in the amount of $22,911.96 and direct the Clerk-Treasurer to issue immediate payment.

Mr. Swets made a motion to approve the progress payment to First Group for the Construction Engineering for the 93rd Avenue Project in the amount of $22,911.96 and direct the Clerk-Treasurer to issue immediate payment. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Schilling asked Mr. Wiszowaty to rephrase “immediate payment” to something softer or nicer on the next agendas as it is appears to be directive.

B. Ordinances and Resolutions

1. Resolution No. 2023-07-26B: A Resolution providing for the transfer of appropriations for the various funds of the Town of St. John, Lake County, Indiana, for the Year 2023, for the Action and Passage by the Town Council pursuant to IC 6-1.1-18-6

Mr. Blazak made a motion to approve Resolution No. 2023-07-26B. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Resolution No. 2023-07-26C: A Resolution Adopting a Zone Improvement Plan and Amendment to the Comprehensive Plan of the Town of St. John, Lake County, Indiana and all matters related thereto.

Mr. Swets made a motion to approve Resolution No. 2023-07-26C. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Resolution No. 2023-07-26D: A Resolution Authorizing ARPA Funds for Police and Fire Equipment.

Mr. Blazak made a motion to approve Resolution No. 2023-07-26D. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Resolution No. 2023-07-26E: A Resolution Approving the FY2023 Budget for Water Utility.

Mr. Blazak made a motion to approve Resolution No. 2023-07-26E. Mr. Swets seconded the motion. Mr. Pondinas asked about a spreadsheet to be created by Mr. Wiszowaty since the budget is locked. Mr. Wiszowaty confirmed that he will ask Cender Dalton and Baker Tilly to create the respective spreadsheets and that his office will track them. Motion carried with 5 ayes and 0 nays.

5. Resolution No. 2023-07-26F: A Resolution Approving the FY2023 Budget for Waste Water Utility.

Mr. Swets made a motion to approve Resolution No. 2023-07-26F. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

6. Ordinance No. 1803: An Ordinance Establishing a Fee for Storm Water Management and for meeting State mandates regarding the Management of Storm Water and establishing a fund for the Department of Storm Water Management.

Mr. Blazak made a motion to consider Ordinance No. 1803 on first reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

7. Ordinance No. 1804: An Ordinance Amending Ordinance No. 1671, being “An Ordinance Amending and Replacing Ordinance Nos. 1295, 1471 and 1573, the same being An Ordinance Establishing an Equitable Impact Fee for the Purposes of Planning and Financing Park and Recreational Infrastructure needed to serve New Development in the Town of St. John pursuant to IC 36-7-4-13, et. seq and all matters related thereto

Mr. Wiszowaty reported that the Parks and Recreation Board engaged American Structurepoint to conduct an Impact Fee Study pursuant to law. The matter was considered by the Impact Fee Advisory Committee, who recommended the fee of $2,441.00, which is lower than the recommended fee of $3,423.00 determined by the study and recommended by the Plan Commission. The Plan Commission held a public hearing on the matter. The Impact Fee Advisory Committee believes that over the ten years, new residences will only comprise of 43% of the community, but shouldering 100% of the burden. Both have provided recommendations to the Town Council to adopt the Park Impact Fee and the Council could consider either of those options or adopt an option of their own. Should the Council not adopt the Impact Fee Ordinance this evening, the fee is in jeopardy of lapsing until approved. Mr. Schilling asked if it could be considered on first reading. Mr. Westland responded that due to the statute, it is written as part of a zoning, therefore would be passed on one reading. Mr. Wiszowaty stated that the current fee is $1,868.01. He explained that there was some consideration to increase that on a 5% annual basis and provided the following numbers: year one is $1,961.41; year two is $2,059.48; year three is $2,162.45; year four is $2,270.58; and year five is $2,384.11. Mr. Aurelio noted that one option is a 100% increase and the other is a 40% increase and when looking at the Town’s permit fee and impact fee compared to surrounding communities, St. John is high and provided Valparaiso’s numbers. Mr. Baird, American Structurepoint addressed the Council to say that the reason for the large increase is the Community Center and when comparing the fee to other communities, theirs does not incorporate a Community Center. When the cost of the Community Center is removed, it is substantially lower as the Community Center accounts for $12 million. Mr. Wiszowaty asked American Structurepoint to re-evaluate the impact in terms of projects should the Council adopt the lower graduated fee. Mr. Baird responded that the Town would essentially be pushing the timeline back for when it could realistically get a Community Center. The lower fee could still cover some of the lower cost park improvements. Mr. Baird added that they received a lot of questions from the Impact Fee Advisory Committee about alternate funding for the Community Center, e.g., grants. However, there is no other funding that the Town would have available today. Mr. Pondinas suggested starting from the $2,441.00 and graduating up to the $3,423.00. Mr. Aurelio made a motion to adopt Ordinance No. 1804 with the five percent (5%) increases each year starting at $1,961.41, as read into the minutes. Mr. Blazak seconded the motion. Motion carried with 3 ayes and 2 nays by Mr. Swets and Mr. Pondinas.

8. Ordinance No. 1805: An Ordinance establishing, creating and designating separate funds for Tax Increment Financing Allocation Areas in the Town of St. John

Mr. Blazak made a motion to consider Ordinance No. 1805 on first reading. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Blazak made a motion to consider Ordinance No. 1805 on second reading. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

9. Ordinance No. 1806: An Amending Salary Ordinance 1787, being an Ordinance establishing the 2023 Compensation Plan for the Town of St. John, Indiana, Fire Department.

This ordinance adds an FTE Authorized for Probationary Firefighter/Paramedic/EMT. Mr. Pondinas stated that the Council needs assurance from the Fire Chief that this will not require any additional staff this year. Mr. Swets made a motion to consider Ordinance No. 1806 on first reading. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

Mr. Swets made a motion to consider Ordinance No. 1806 on second reading. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

C. Council Action

1. Consider Motion to Award of Bids for the 2023-1 CCMG to the lowest responsible bidder Milestone Contractors in the amount of $2,190,137.85 as recommended.

Mr. Blazak made a motion to consider award of bid for the 2023-1 CCMG to the lowest responsible bidder Milestone Contractors in the amount of $2,190,137.85 as recommended. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Consider Motion to Award of Bids for the Acorn Water, Sewer and Roadway Project to the lowest bidder M&J Underground in the amount of $1,344,853.25 as recommended.

Mr. Blazak made a motion to consider award of bid for the Acorn Water, Sewer and Roadway Project to the lowest bidder M&J Underground in the amount of $1,344,853.25 as recommended. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Consider Motion to Approve an Interlocal Government Agreement by and between the Town of Munster, Indiana, the Town of Highland, Indiana, the City of Hammond, Indiana, the Town of St. John, Indiana, the City of Gary, Indiana and Lake County, Indiana establishing the contributions of each entity toward the acquisition and implementation of signal preemption devices.

Mr. Swets made a motion to approve an Interlocal Government Agreement by and between the Town of Munster, Indiana, the Town of Highland, Indiana, the City of Hammond, Indiana, the Town of St. John, Indiana, the City of Gary, Indiana and Lake County, Indiana establishing the contributions of each entity toward the acquisition and implementation of signal preemption devices. Mr. Blazak seconded the motion. Mr. Pondinas asked about the cost of $110,190.00 and what fund would that be appropriated to. Mr. Wiszowaty responded that this was considered as part of the operational budget. If the funds are not available within those funds, the Council should consider using ARPA funds. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

4. Consider Motion to Approve a Joint Interlocal Cooperation Agreement between the Town of St. John, Indiana and Lake County, Indiana for public improvement costs ($462,143.00).

Mr. Pondinas listed off the projects appearing on the agreement and stated that this money was supposed to be for water projects. Discussion about how the money was earmarked ensued. Mr. Aurelio made a motion to approve the Joint Interlocal Cooperation Agreement between the Town of St. John, Indiana and Lake County, Indiana for public improvement costs ($462,143.00). Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Consider Motion to Approve a Joint Interlocal Cooperation Agreement between the Town of St. John, Lake County, Indiana and Crown Point Christian School Association, Inc. for a School Resource Officer (2 year term).

Mr. Swets made a motion to approve a Joint Interlocal Cooperation Agreement between the Town of St. John, Lake County, Indiana and Crown Point Christian School Association, Inc. for a School Resource Officer (2 year term). Mr. Aurelio seconded the motion. Mr. Pondinas stated that he has concerns using public money for a private school and asked about the funding of the associated employee costs. He asked how the Town would handle it if another school wants the same deal. He asked Mr. Westland to weigh in on this. Mr. Pondinas added that his family was part of the school system and that the school is great. Attorney John Terpstra, representing the school, addressed the Council. Mr. Terpstra addressed Mr. Pondinas’ question about the expense for the school resource officer as being a fully reimbursable expense. He reported that a number their families are residents the school district and pay taxes into the local schools as well as the salaries of the Town Law Enforcement. He addressed the costs of a new officer and how Crown Point Christian School Association will be responsible for reimbursing those as stated in the agreement. Details about the Agreement were explained and discussed. He explained that the program protects the children who live, play, and do recreational activities in the St. John community and it allocates an expert to protect them. Mr. Swets explained that the only expense the Town is exposed to will be during the summer when the officer is at the Town’s disposal. Mr. Westland read the reimbursement section of the agreement aloud. Mr. Westland responded to Mr. Pondinas’ question to say that if another school, whether it be a private school or public school, would request the same arrangement, the Town would have to do accommodate. Motion carried with 5 ayes and 0 nays.

6. Consider Motion of Acceptance of 2-Year Maintenance Bond and 3-Year Warranty/Guaranty Letter $49,566.53 for Sublime Estates.

Mr. Blazak made a motion to accept a 2-Year Maintenance Bond and 3-Year Warranty/Guaranty Letter $49,566.53 for Sublime Estates. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

7. Consider Motion to Approve a Professional Services Agreement with Heather A. McCarthy, Attorney at Law, time not to exceed 40 hours for implementing Unsafe Building law provisions and to direct payment from appropriation 1101-005-311

Mr. Blazak made a motion to approve a Professional Services Agreement with Heather A. McCarthy, Attorney at Law, time not to exceed 40 hours for implementing Unsafe Building law provisions and to direct payment from appropriation 1101-005-311. Mr. Swets seconded the motion. Mr. Pondinas questioned the hourly rate at $200.00 since the Town pays Mr. Westland an hourly rate of $195.00. Mr. Pondinas suggested reducing hers to $195.00 per hour or having her work under Mr. Westland. Mr. Wiszowaty explained that she submitted the hourly rate of $200.00 and will only be working a total of 40 hours. Mr. Wiszowaty described how the attorneys hired for the Town handle different business independently. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

8. Consider Motion to Approve waiver of vendor fees for the St. John Fire Department Open House event for 2023.

Mr. Blazak made a motion to approve waiver of vendor fees for the St. John Fire Department Open House event for 2023. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

9. Consider Motion to Approve a Special Exception at 10033 Wicker Avenue, St. John for Trung Vo, Top Nail salon in the US-41 Overlay District.

Mr. Swets made a motion to approve a Special Exception at 10033 Wicker Avenue, St. John for Trung Vo, Top Nail salon in the US-41 Overlay District since it came from the BZA with a favorable recommendation. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

10. Consider Motion to Re-Appointment of Specific Individuals to the Impact Fee Review Board

Mr. Wiszowaty explained this is for the re-appointment of Tony Mitidiero to the Impact Fee Review Board. Mr. Blazak made a motion to re-appoint Tony Mitidiero to the Impact Fee Review Board to a three (3) year term. Mr. Aurelio seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

11. Consider Motion to Re-Appointment of Specific Individuals to the Contractor Licensing Board

Mr. Wiszowaty explained this is for the re-appointment of Angela Stack to the Contractor Licensing Board for a one (1) year period, but will verify the term. Mr. Blazak made a motion to re-appoint Angela Stack to the Contractor Licensing Board. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

1. Release and Satisfaction of Judgment –Guzzo, et al 45D11-1403-PL-00037
2. Notice of Public Hearing – BZA 2023-15
3. Notice of Public Hearing – BZA 2023-12
4. Notice of Public Hearing – BZA 2023-14
5. Letter to Lake County Board of Elections

Mr. Wiszowaty explained that these items listed are placed on file with the Clerk’s office as notices and communications served upon the Town and no action by the Council is required.

STAFF REPORTS & CORRESPONDENCE:

A. Clerk-Treasurer – Ms. Hernandez had nothing to report.

B. Town Engineer – Tom Nagle – Mr. Nagle reported that there is a preconstruction meeting scheduled for the CCMG job for Friday. Following the meeting, they will have a schedule and create a flyer for the website with expectations. They also have a preconstruction meeting for next Wednesday with M&J Underground for the Acorn Water/Sewer/Paving project. Following the meeting they will create a flyer to notify the public. Mr. Blazak requested emails with the details be sent to the Council members.

C. Town Manager – Mr. Wiszowaty reported that he attended the Luncheon with the Lieutenant Governor, Susanne Crouch at the SSCVA for a round-table discussion on economic development and ways to increase tourism within the region. The Town will continue discussions with the Town of Schererville with regards to expanding the sanitary capacity. Mr. Wiszowaty asked for consideration on an item from the Lake Central School Corporation. They are requesting a waiver of the building permit fee as they are in the process of doing HVAC renovations on their building. The total permit fee is $28,091.40 and they are asking for a waiver. Mr. Wiszowaty stated that it is a $4 million job at the Freshman Center. Mr. Schilling said that it has been past practice to waive some of the fee, but not all of it, as the Town still has send inspectors there. Discussion on past practice continued. Mr. Pondinas added that the school is a tri-town school and St. John is the only community taking the loss. Mr. Swets made a motion to waive 75% or $21,068.55. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

D. Town Council
Wayne Pondinas – Nothing to report.
Gerald Swets – Mr. Swets reported that at the recent NIRPC meeting, they adopted the 2050+ plan which details the direction with new roads, rails, walking and bike paths, and blueways on the water. Mr. Aurelio asked Mr. Swets if there was any update on funds from NIRPC for Cline. Mr. Swets responded that he didn’t have any answer.
Michael Aurelio – Mr. Aurelio thanked the Park Department for the hard work on the Freedom Fest and other activities.
Bryan Blazak – Nothing to report.

Michael Schilling – Mr. Schilling made an apology for an incident involving statements made by other Council members. Mr. Swets provided his statement in rebuttal.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. The Town Council Regular Meeting was adjourned at 8:38 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 23rd Day of August, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, August 17, 2023, at 7:05 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Beth Hernandez, Clerk-Treasurer; Joseph Wiszowaty, Town Manager; and Dave Westland, Attorney.

STUDY SESSION DISCUSSION ITEMS:

A. Central Square Software Agreement

Mr. Wiszowaty reported that the entire staff in the Building Department supports this software solution. They are currently using an antiquated Access database and are working without any workflow management. The staff reviewed the three (3) proposals and selected CentralSquare. Mr. Westland explored the agreement and returned with a solution on the agreement. Mr. Westland continued to say that the original agreement called for a five (5) year term with annual automatic extensions. He reported that there is an original startup cost of $205,000.00, then an annual subscription of about $70,000.00. He described some ramp up costs and termination provisions. Modifications include a two (2) year term, followed by one (1) year renewal terms. For termination, they added termination for convenience requiring a ninety (90) day notice with additional charges verbiage. The original payment of $276,000.00 would not be refunded in any way. Mr. Schilling stated that he’s kept the software off of the agenda as members of the incoming elected Council contacted him to report that they do not have a consensus that they would be utilizing this company. Mr. Aurelio asked why there are no members of Building and Planning present to provide their view. He also stated that the current software is outdated and should be upgraded. Discussion about the status of the final contract continued. Mr. Westland explained the pricing and the cost. Software implementation and how this software will tie into the mandated MS4 inspections was explained by Mr. Blazak. Mr. Pondinas explained that this would be forced onto the new Town Council and asked about a request for proposal and the responses. Mr. Pondinas reported that the new Town Council sent emails to say they will not go through with this, but will look at different things, meaning the taxpayers will lose $275,000.00. He added that the $275,000.00 could buy the roads on Earl Drive. Mr. Aurelio confirmed the age of the current software which is from 1997. Mr. Pondinas stated that this will probably never see the light of day. Mr. Pondinas asked to read something for the record: The Incoming Council let this Council know that they will not be moving forward and have requested the money go to a different project rather than trying to bind them into an agreement that they are not going to honor. Mr. Pondinas explained the costs for Earl Drive as a better investment. Mr. Aurelio explained that he would need Building and Planning present to explain their need and why, the other software looked at and the cost, in order to support the request. Moving the subject to the next month was discussed.

B. St. John Commons Discussion

Mr. Wiszowaty explained that this is for the development at the corner of Calumet and 101st Avenue. Mr. Westland explained the developer is looking for the Town to give him a Developer Purchased Bond that would defray the cost of the public infrastructure of about $1.7 million over a period of time. In this case, no money is exchanged, no selling of a bond, although papered like a bond, and the developer gets credit for the $1.7 million that he puts in and gets paid back over a period of time as he pays his taxes. Back in April, they started putting together a development agreement that would allow him to have a Developer Purchased Bond in the amount of $1.5 million based on the cost at that time. A certain portion of his taxes would go into the TIF fund and that portion would be split out. The Town proposed 60% for payment on his bond and 40% would be kept by the Town to do other projects within the TIF. The developer countered that with 75%/25%. The Town proposed that his bond would bear interest at 4%, and he came back at about 8.85% and that he wanted 25 years. The developer also removed the standard provision regarding prepayment without a penalty. They wanted it where the Town paid interest only over the 25 years and then balloon of the $1.5 million. Mr. Westland reported that he spoke with Attorney Faccenda, the Bond Attorney about it and he reported that he’d never seen a bond agreement done in that manner. Mr. Westland added that the issuance costs of about $125,000.00 were not accounted for which is typically fronted by the developer. Mr. Westland addressed concerns with the time of getting it completed and explained the steps required. He explained that an option would be to set up the TIF this year to set the base, however, there are still outstanding items that have not been agreed upon. Discussion of terms continued.

C. ARPA Authorizations

Mr. Wiszowaty explained that he will be asking the Council to authorize the spending for APRA appropriations for several items and he continued to list them out.

(Mr. Westland left the meeting at 7:43 p.m.)

Listed are two (2) vehicles for Public Works. The Earl Drive Land Acquisition was discussed. Appraisals from 2021 provided the values but new appraisals will be obtained. The cost of engineering for Earl Drive was discussed. The resurfacing of W. 93rd Avenue from Deodor to Hack or the Railroad track will be separate from CCMG being done by the same Contractor. Another item is for the 2023 CCMG match construction engineering. Change Orders #1 and #2 from First Group were explained. The next item is for the additional bunker gear that had been previously approved. Lastly, he reported a transfer from one fund to another to account for the PD uniform. Mr. Pondinas asked about the remaining balance of ARPA. Mr. Wiszowaty responded that the balance would be close to $580,000.00.

D. New Task Orders

Tom Nagle and Dave Shilling with Robinson Engineering were called to the podium to report on the five (5) task orders submitted. Mr. Pondinas asked if work had been started on any of the task orders presented. Mr. Nagle responded that the work on the Altitude Valves has been started. Mr. Pondinas explained that the task orders need to be signed before any work is started. Mr. Nagle responded that they wouldn’t know what the costs would be unless preliminary work is done.

The new proposed lighting and the design was discussed.

Ms. Hernandez asked Robinson Engineering about the task order for the Pavement Asset Management Plan. Mr. Shilling responded that the Plan needs to be updated every year and uploaded to the system by December 1st in order for the Town to qualify to apply for the CCMG Grant.

ANY AND ALL:

Mr. Wiszowaty reported that the Town current Vac Truck has reached its effective end life, so the Town obtained a quote for a new Vactor Truck from a Sourcewell provider, Standard Equipment. The total cost is $444,612.00 and the Town is considering a 5-year lease purchase and will include it in the respective utilities budgets for 2025 and explained the arrears payment. The breakdown would be $104,946.00 annually, covered by the Sanitary District at 40%, Waterworks at 30% and Storm Water at 30%. He explained other payment options. He reported that this needs to move forward quickly with getting the truck ordered.

Mr. Wiszowaty explained that he would like to add an RTP for a new roof for the Town Hall. He received three (3) quotes and the lowest price is $39,672.00 from Lange Roofing. Mr. Wiszowaty explained there was a leak in the Clerk’s office so he had someone in to look at the roof. He is considering using the available funds in CATV.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Special Study Session was adjourned at 8:01 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 23rd Day of August, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Regular Meeting to order on Wednesday, August 23, 2023, at 7:05 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Beth Hernandez, Clerk-Treasurer; David Westland, Town Attorney. Joseph Wiszowaty, Town Manager was absent.

PUBLIC COMMENT:

Dale Robert, 11990 Heron Lake Road – Public comment was given about the Requests to Purchase on the agenda and lack of inspection.
Mike Bouvat, 9291 W. 103rd Place – Public comment was given in opposition to the Building and Planning software purchase.
Rob Kmetz, 8581 Fair Oaks Lane – Public comment was given about Town employee behavior.
Terry Nellemann, 9500 W. 103rd Place – Public comment was given regarding the quality of homes.

APPROVAL OF MINUTES:

Town Council Regular Meeting – July 26, 2023
Town Council Special Study Session – August 17, 2023

Mr. Blazak made a motion to approve the minutes from the July 26, 2023 Regular Meeting and the August 17, 2023 Special Study Session. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

OLD BUSINESS:

There was no old business.

NEW BUSINESS:

A. Financial Matters of the Corporation

1. Requests to Purchase (RTP) – Town of St. John

Ms. Hernandez reported that the Agenda says there are 17 Requests to Purchase, however, one of those was separated into two requests, making it 18 in the combined total of $648,640.65. She listed them off as 2 from H3 Concrete, 4 from Fire Service, 1 from Motorola Solutions, 1 from Lange Roofing, 1 from Peerless Midwest, 1 from Image Trend, 1 from Ricoh USA, 3 from Lindco, 1 from Core & Main, 2 from Co-Alliance, and 1 from HVAC Masters. The RTPs for Lange Roofing and Motorola Solutions were discussed. Mr. Swets made a motion to approve the 18 RTPs in the combined total of $648,640.65. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Payment of the Bills

Mr. Blazak made a motion to approve the Accounts Payable Voucher dated August 23, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $2,367,657.91. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Motion to approve purchase of 2024 Vactor 2100i & Freightliner 114SD Chassis from Sourcewell provider Standard Equipment in the amount of $444,612.00 and to split the expense between Sanitary/Waste Water 40%, Water/Water Utility 30% and Storm Water 30% within their respective budgets and to secure a lease-purchase agreement not to exceed five-years.

Discussion on the appropriation numbers ensued and various fund numbers were provided. The urgency to order the equipment and the price was discussed. Mr. Swets made a motion to approve the Request to Purchase with appropriation numbers 6201 for Wastewater, 6101 for Water and a number to be determined for Storm Water not to exceed $444,612.00. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Motion to approve progress payment to F.H. Paschen for the 93rd Avenue Project in the amount of $153,770.69 and authorize the Clerk-Treasurer remit payment from 4413.000.446

Mr. Swets made a motion to approve the progress payment to F.H. Paschen in the amount of $153,770.69. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Motion to approve progress payment to First Group for the Construction Engineering for the 93rd Avenue Project in the amount of $20,786.61 and authorize the Clerk-Treasurer remit payment from 4413.000.446

Mr. Swets made a motion to approve the progress payment to First Group in the amount of $20,786.61. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

B. Ordinances and Resolutions

1. Ordinance No. 1803: An Ordinance Establishing a Fee for Storm Water Management and for meeting State mandates regarding the Management of Storm Water and establishing a fund for the Department of Storm Water Management.

Mr. Swets made a motion to adopt Ordinance No. 1803 on second reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

2. Resolution 2023-08-23: A Resolution of the Town of St. John, Lake County Indiana Authorizing Additional Appropriations and Transfers for the St. John Fiscal Recovery Plan in the ARP Coronavirus Local Recovery Fund, #2402

Mr. Swets made a motion to approve Resolution No. 2023-08-23. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

C. Council Action

1. Motion to Approve Change Order #1 and #2 for FH Paschen to West 93rd Avenue Contract to add Street Lighting

Mr. Laviolette approached the podium and provided an explanation of the Change Orders presented. Mr. Blazak made a motion to approve Change Order #1 and Change Order #2 for FH Paschen to West 93rd Avenue Contract for Street Lighting. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

2. Motion to Approve Task Order for Robinson Engineering for Earl Drive Improvements

Mr. Aurelio made a motion to approve Task Order for Robinson Engineering for Earl Drive Improvements. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

3. Motion to Approve Task Order for Robinson Engineering for CCMG Construction Engineering

Mr. Blazak made a motion to approve Task Order for Robinson Engineering for CCMG Construction Engineering. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

4. Motion to Approve Task Order for Robinson Engineering for West 93rd Improvements

Mr. Aurelio made a motion to approve Task Order for Robinson Engineering for West 93rd Improvements. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

5. Motion to Approve Task Order for Robinson Engineering for Altitude Valve Engineering

Mr. Blazak made a motion to approve Task Order for Robinson Engineering for Altitude Valve Engineering. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.

6. Motion to Approve Task Order for Robinson Engineering Pavement Management Plan Update

Mr. Blazak made a motion to approve Task Order for Robinson Engineering Pavement Management Plan Update. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.

7. Motion to Approve Engagement Letter with Barnes & Thornburg, LLP to serve as bond counsel and to provide legal work with respect to the St. John Commons Development.

Mr. Swets made a motion to approve the Engagement Letter with Barnes & Thornburg, LLP. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

8. Motion to Approve and authorize Milestone for repaving work on West 93rd Avenue from Deodor to about Hack Street for a total price of $275,605.95 and to authorize the Town Council President to execute the agreement.

Mr. Swets made a motion to approve and authorize Milestone for repaving work on West 93rd Avenue from Deodor to about Hack Street for a total price of $275,605.95 and to authorize the Town Council President to execute the agreement. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.

D. Information to be Accepted and Placed on File with the Clerk-Treasurer

1. Lake County Board of Elections – Cancel November election 2. Attorney General Rokita - Opioid Litigation Settlement 3. Interlocal Agreement – W. 85th Avenue Lake County and Schererville 4. Notice of Public Hearing – St. John Evangelist 5. Notice of Public Hearing – BZA 2023-14 6. Letter to Lake County Board of Elections

STAFF REPORTS & CORRESPONDENCE:

A. Clerk-Treasurer – Ms. Hernandez reported that she had not accepted the 6 documents listed above and cannot place them on file at this time.

B. Town Engineer – David Shilling – Mr. Shilling provided updates on the projects. He reported the Community Crossings paving is underway. He reported on the progress of the Acorn Drive project. He reported that are continuing work on the pilot study for the water filters. Mr. Schilling asked him about the extra work on 93rd Avenue and Mr. Shilling reported that Milestone confirmed holding their price. He will report to Milestone that the agreement has been approved this evening by the Town Council. Mr. Pondinas thank Robinson and the teams for the work on the pilot study.

C. Town Council
Wayne Pondinas – Mr. Pondinas addressed curb problems on the project at 93rd and US-41. He referred to the minutes from July 26, 2023 with regards to the adopted Park Impact Fee and provided some background.

Gerald Swets – Mr. Swets addressed the TIF for the Calumet and 101st project. Mr. Swets reported that the Town will be looking for a new Building and Planning Director and noted some issues that may affect someone’s desire to serve in that position. One in being the software and the second, having a new incoming Town Council. Mr. Swets explained the process by which they researched the software and recommended approval. He suggested forming a committee to include the incoming Town Council to conduct the interviews for the incoming Building and Planning Director.

Michael Aurelio – Mr. Aurelio addressed the software for Building and Planning and stated that the current solution is old and outdated and he is open to suggestions for the upgrade.

Bryan Blazak – Nothing to report.

Michael Schilling – Mr. Schilling stated that the Request to Purchases will be listed individually on the Agenda for the next meeting. He added to include the sponsor for the ordinances and resolutions.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Regular Meeting was adjourned at 7:56 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 27th Day of September, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council Vice-President, Gerald Swets, called the St. John Town Council Special Study Session to order on Thursday, September 21, 2023, at 6:05 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; and Gerald Swets, Councilman.

Councilmen absent: Wayne Pondinas, Councilman and Michael Schilling, President

Also present: Joseph Wiszowaty, Town Manager. Dave Westland, Attorney and Beth Hernandez, Clerk-Treasurer were absent

STUDY SESSION DISCUSSION ITEMS:

A. FY2024 Budget Presentation

Mr. Wiszowaty displayed a PowerPoint presentation on the screen. He noted it is a high level presentation of the total 2024 Budget. The document provides an overview of the Town’s major funds and identifies Budget priorities. The Town’s Fiscal Year is from January 1, 2024 through December 31, 2024 and the projected expenditures in appropriations for the Town of St. John include Water District, Sanitary District, Utilities, and the Civil Budget for a total of $40.5 Million. The Form 3 has been released in Gateway, which is the taxpayer notice announcing the public hearing for the Budget and Appropriation. On September 27th, the Council will consider the FY2024 Budget on first reading, following a public hearing. From September 28th through October 24th adjustments will be considered. On October 25th, the Council will adopt the Budget on second reading. Mr. Wiszowaty provided information on projects to be completed in 2023, as well as some of the major expenses. Mr. Wiszowaty reported that the assessed value since 2019 has increased by 38.6% from $1.2Billion to $2.07 Billion. He listed off the strengths of the Town and the list of 2024 projects with the totals to be expended. Mr. Wiszowaty highlighted the expenditures and the proposed budget for each department. The staffing and expenses for the Police Department were discussed. Mr. Wiszowaty explained that some of the expenses are being moved from LOIT to CCD in 2024. Discussion on the SRO officer ensued. Mr. Wiszowaty addressed the budget details for the Clerk-Treasurer’s office and the Administration and Town Council. The Cline Avenue Project reimbursement funds and expenses were discussed. Mr. Wiszowaty provided the details for the Building and Planning Department and explained the funding.

(Attorney Westland joined the meeting at 6:25 p.m.)

The drop in volume of building permits and the impact on staff was discussed. Fire Department budget details were introduced. Chief LaDuke reported that the fire truck will be delayed until 2025 due to supply chain issues. Mr. Wiszowaty will encumber or hold the funds to 2025. Chief LaDuke reported on the grants applied for and received. Budget details on the Public Works Department were given. Mr. Davis provided some additional details on the capital outlays and encumbering funds due to supply chain issues. Problems with salt storage was addressed with locations for additional storage. Mr. Wiszowaty provided clarification on how salaries and benefits are apportioned into utilities based on the percentage of work activity. Public Works staffing levels were discussed. Mr. Wiszowaty provided some details on the budget for Parks and Recreation Department and added that Mr. O’Shea had already presented the budget to the Parks and Recreation Board. Mr. O’Shea referred to a presentation and provided the details and expenses. He budgeted for an additional permanent part-time maintenance employee. Mr. O’Shea reported that he plans to improve many of the walking paths. Pickle ball courts were discussed. He provided updates on the plans for the Gates Park improvements. Incoming revenues to offset the costs for items such as the Dog Park, Farmer’s Market and Family Garden were discussed. Mr. Wiszowaty provided the details for the Water District and the Water Operations. The water purchased from Schererville was addressed and the plan for moving from the process was provided. Mr. Wiszowaty explained that the Town does need to expand the water storage capacity. Mr. Aurelio asked about the status of getting Well 8 online. Mr. Wiszowaty explained that the Task Order for the Well Houses was paused to determine the results from the media change out. He stated that he will present the Task Order for approval to continue with that work. Timelines for increasing capacity were discussed. Mr. Dalton explained the investment funds in Water Utility. Mr. Wiszowaty explained that Baker Tilley reviewed this budget for the Sanitary District. Wastewater Operations budget was reported and how additional capacity discussions with Schererville to increase from 30% to 40% are active. Crown Point as another option was reported, if necessary. Mr. Wiszowaty reported on the remaining miscellaneous funds. Stormwater will be a new budget in 2024 and the details provided using the fee collected with the tax distributions beginning in June. Mr. Wiszowaty reported that the fund balance in the Road Impact Fee is just over $2 million. The project anticipated for this fund is the White Oak Ave and 109th Roundabout and that phase 1 engineering is underway. The construction phase for this project would begin in 2025, estimated at about $2.5 million. Mr. Dalton provided a final report on the 2024 Budget. He explained that they originally budget high, then over the next couple of weeks, before adoption, there is opportunity to make adjustments. He reported that they are providing a balanced budget for 2024. Mr. Wiszowaty reported that the first reading will be at the next Council meeting. He explained that, based on discussions, there would be no raises anticipated for elected officials. The second reading and adoption will be at the October 25th meeting. Mr. Wiszowaty will present the Salary Ordinance at that meeting as well for first reading.

B. Declaratory Resolution for RDC

Mr. Wiszowaty explained that this Economic Development Area would be the parcels at the southeast corner at Calumet Avenue and 101st Avenue. The project is about $26 million in mixed use commercial and residential, the first the Town has had. Attorney Westland explained that this document begins the process of setting up the allocation area. Normally, the development agreement is done first, however, it can be completed in conjunction with setting the allocation area. These actions will set the base to set up the allocation area this year, or lose a whole year of increment. Mr. Wiszowaty explained that this resolution would be before the RDC, not the Council. Attorney Westland explained the various steps associated with the process and that the timing is tight.

C. FD Surplus SCBA’s and Bottles – Chief LaDuke

Chief LaDuke reported that they received a grant in 2021 for new bottles due to the change in US standards and got those in service recently. The old bottles are surplus, no longer standard in the US and is requesting to claim this inventory as surplus. Attorney Westland suggested a resolution to declare the surplus.

D. Mobile Integrated Health – Chief LaDuke

Chief LaDuke and members of the Fire Department made a presentation on the Community Para Medicine and Mobile Integrated Health program. They explained the issues the patients experience today and how this program can enhance patient care as a liaison for their health care. Chief LaDuke explained that the hospital goes into a partnership with the Fire Department and covers all of the cost of an FTE. Chief LaDuke explained that his goal is to start this program January 1st with one (1) full-time paramedic. St. John would be the first municipality in the region offering this service to its community. He reported that there are grants available. Mr. Aurelio asked for some metrics after the program begins. Chief LaDuke responded that the program is very data driven and reporting metric would be possible.

E. Building and Planning Department Solution

Mr. Wiszowaty stated that this topic has been in front of the Council before and is being presented again. Mr. Gill explained that over a year ago, their team was asked what was most needed in the department for use of ARPA funds and the team unanimously responded that it was a software upgrade. They had demos from three (3) providers, which they ranked and unanimously selected Central Square. Mr. Gill added that, based on the comment made at the last Council meeting, the team is no longer comfortable pursuing the topic. He said that the timeframe on a roll out is about a year to be fully functional, therefore, if the software is pulled after 1 or 2 years, it would not be worth the department’s time and effort. Mr. Gill explained that ideally, the Town as a whole should have one integrated solution for managing the files. At this time, a majority of the records are on paper instead of electronic files.

F. Special Exception BZA – Falling Sands Distillery

Mr. Wiszowaty reported that this item comes before the Council for a special exception with no recommendation from the BZA and is for a distillery at 9601 Industrial Drive. There would be no public consumption on-site. IDHS inspects the process for any dangers. Since there was already a Public Hearing on the matter, there cannot be any additional public comment on the matter, otherwise the Town would have to hold another public hearing. Mr. Wiszowaty informed the Council to forward any questions they have to him for action with the Building Department or BZA. Attorney Westland suggested approving the variance with the contingency of State authority approval.

G. Plan Commission Considerations:

1. Performance Surety Bond – St. John Commons Phase 1 for $187,069.00
2. Performance Surety – Continental, Unit 3 for $5,500.00

(Attorney Westland left the meeting at 8:20 p.m.)

3. Performance Surety – The Gates of St. John, Unit 25 for $ 13,530.00
4. Maintenance Letter of Credit – The Preserve, Unit 6 for $256,481.70
5. Use Variance – Clark Pediatric Dentistry – 9321 Wicker Ave.
   This comes with a favorable recommendation from the BZA for Medical Use within the US 41 Overlay District.
6. Special Exception – CLD Holdings, 9525 Wicker Ave.
   This comes with a favorable recommendation from the BZA for a Drive-Through Restaurant with C-2 Commercial Highway Zoning District for the proposed Chipotle.
7. Use Variance – CLD Holdings, 9525 Wicker Ave
   This comes with a favorable recommendation from the BZA for the use of outdoor seating within the US 41 District Overlay.
8. Special Exception – S.R. Ande, 10845 Parrish Ave
   This comes with an unfavorable recommendation from the BZA for a tobacco and vape shop proposed at 10845 Parrish Avenue. The unfavorable recommendation was unanimous 4 to 0.

H. Ordinance Establishing the NIRPC/INDOT LPA Program Fund

Mr. Wiszowaty explained that this ordinance will be to establish the Grant Fund for the NIRPC Cline Avenue project which was started in 2021.

I. ARPA Transfer Resolution

Mr. Wiszowaty explained that this resolution presented will balance out the ARPA Fund 2402.

J. Increase Above Max Levy for Civil, Sanitary and Water

Mr. Dalton reported that they are anticipating levying the maximum levy just a little bit higher to ensure the State approves the maximum. It is based on a three (3) year average of the Town’s assessed values and if we exceed the State’s three (3) year average the Town is able to apply for it. The Town was approved so we are asking for $500,000 on the Civil tax levy. For Sanitary, we are asking for $30,000 and for Water, $25,000 in excess of our levy. Mr. Wiszowaty explained that those funds are anticipated in this budget. Mr. Wiszowaty stated that the Town’s assessed value is over $2 Billion.

K. Agreement with Mad Bomber – Christmas in the Park

Mr. Wiszowaty explained that this is for the approval of the fireworks for the Christmas in the Park.

L. 93rd Avenue Project

Mr. Wiszowaty reported that the project cost on this project escalated from the original estimate from 2020. He added that the project was truncated and excluded the Keilman Avenue portion of this which would have added another $700,000 to the project cost. What was not considered at the time of the bond was the $672,000 in engineering costs, for both design and construction phases. With the remaining payouts of the project we’re estimating about $392,000 is going to be needed for the completion project plus the engineering. The recommendation that was given was to do an additional appropriation from the MVH Fund, which currently has about $1 Million. With the additional appropriation, that still leaves a healthy fund balance far in excess of the 35% maximum reserve. Next week, we are sending this to the Clerk-Treasurer’s Office to advertise for the additional appropriation. Mr. Laviolette provided an update on the project. He reported that they will still finish the project this year. He updated the Council on the delay of the lane switch due to the Church Oktoberfest. He provided updates on the concrete work, structure and storm sewer work. The traffic patterns will remain the same, only the south lane will be closed. Turn lanes on Keilman remained as part of the project and will start next week.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Special Study Session was adjourned at 8:35 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 25th Day of October, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Regular Meeting to order on Wednesday, September 27, 2023, at 7:05 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Joseph Wiszowaty, Town Manager; David Westland, Town Attorney; and Beth Hernandez, Clerk-Treasurer.

PUBLIC COMMENT:

Frances Reiter. 13714 River Birch Court – Public comment was given in regards to the maintenance at the Saddle Creek wetlands.

Barb Levin, 13636 Stanton Court – Public comment was given in regards to Heldt Park, the Saddle Creek walking path and the buffalo box at the Saddle Creek entrance.

Ed Marcin, 10704 Arbor Lane - Public comment was given in opposition of the Vape Shop appearing on the agenda.

Mike Bouvat, 9291 W. 103rd Place – Public comment was given in opposition of the Vape Shop and the Building and Planning software purchase appearing on the agenda.

Karen Smith, 8595 Larkspur - Public comment was given in opposition of the Row Homes in The Gates.

APPROVAL OF MINUTES:

A. Town Council Regular Meeting – August 23, 2023

Mr. Blazak made a motion to approve the Town Council Regular Meeting minutes from the August 23, 2023. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.

PUBLIC HEARING:

A. Ordinances 1808 A-C: Ordinances for the 2024 Municipal Budget for Civil Town, Sanitary District and Water District as part of said

Proofs of Publication – Attorney Westland confirmed the Budgets and the proofs were published according to the law.
Opening Remarks – Daniel Dalton, Cender Dalton, explained the process of creating the 2024 budgets.
Mr. Schilling opened the Floor to Public Comment
There was no public comment.
Mr. Schilling closed the Floor to public comment

Mr. Swets made a motion to approve the Ordinance 1808A, 2024 Civil Town Budget on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

Mr. Blazak made a motion to approve the Ordinance 1808B, 2024 Sanitary District Budget on first reading. Mr. Swets seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

Mr. Swets made a motion to approve the Ordinance 1808C, 2024 Water District Budget on first reading. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.

OLD BUSINESS:

There was no old business.

NEW BUSINESS:

1. Financial Matters of the Corporation
   1. Requests to Purchase (RTP) – Town of St. John
      Ms. Hernandez reported that they added one (1) Request to Purchase for Lange Roofing due to changes discovered during installation, increasing the total price to $41,360.39. There are a total of six (6) RTPs totaling $339,007.08: W.S. Darley totaling $201,501.45 for Fire Department gear; Franciscan Health totaling $9,000.00 for Paramedic class for two Firefighters; Image Trend totaling $14,490.92 for Fire Department billing and reporting software; Dell totaling $27,902.32 for a Town Hall server replacement; La Porte Chrysler totaling $44,752.00 for a police vehicle for the new officer. Mr. Swets made a motion to approve the six (6) RTPS for a total of $339,007.08. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   2. Payment of the Bills
      Mr. Pondinas made a motion to approve the Accounts Payable Voucher dated September 27, 2023, representing payment for payroll, purchases, supplies, equipment, and services rendered to the Town of St. John in the combined total of $3,542,327.46. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.
   3. Motion to approve progress payment to F.H. Paschen for the 93rd Avenue Project in the amount of $46,083.07 and authorize the Clerk-Treasurer to remit payment from the 2020 GO Bond
      Mr. Blazak made a motion to approve the progress payment to F.H. Paschen in the amount of $46,083.07. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.
   4. Motion to approve progress payment to First Group for the Construction Engineering for the 93rd Avenue Project in the amount of $50,482.70 and authorize the Clerk-Treasurer to remit payment from the 2020 GO Bond
      Mr. Swets made a motion to approve the progress payment to First Group in the amount of $50,482.70. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
2. Ordinances and Resolutions
   1. Ordinance No. 1807: An Ordinance Establishing the NIRPC/INDOT LPA Program Fund (#2405)
      Mr. Swets made a motion to consider Ordinance No. 1807 on first reading. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
      Mr. Swets made a motion to adopt Ordinance No. 1807 on second reading. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.
   2. Resolution 2023-09-27A a Resolution Providing for the Transfer of Appropriations for the various funds of the Town of St. John, Lake County, Indiana, for the Year 2023, for the Action and Passage by the Town Council Pursuant to IC 6-1.1-18-6 (Same Category ARPA to ARPA Transfers)
      Mr. Swets made a motion to adopt Resolution No. 2023-09-27A. Mr. Blazak seconded the motion. Motion carried with 4 ayes and 1 nay by Mr. Pondinas.
   3. Resolution 2023-09-27B a Resolution Authorizing the Clerk-Treasurer’s Office to file an Appeal for an Increase Above the Maximum Levy (Civil Town)
      Mr. Swets made a motion to adopt Resolution No. 2023-09-27B. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   4. Resolution 2023-09-27C a Resolution Authorizing the Clerk-Treasurer’s Office to file an Appeal for an Increase Above the Maximum Levy (Sanitary District)
      Mr. Swets made a motion to adopt Resolution No. 2023-09-27C. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   5. Resolution 2023-09-27D a Resolution Authorizing the Clerk-Treasurer’s Office to file an Appeal for an Increase Above the Maximum Levy (Water District)
      Mr. Swets made a motion to adopt Resolution No. 2023-09-27D. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
3. Council Action
   1. Consider Motion to Approve ad Declare Property Surplus and authorize the disposition of such property by advertising its sale, or dispose of through any other means pursuant to Indiana law – 28 SCOTT brand self-contained breathing apparatus (SCBA), which are 15 years old that are out of compliance and do not meet the NFPA standards.
      Mr. Swets made a motion to approve and declare the property surplus. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   2. Consider Motion to Approve Agreement with CentralSquare Technologies, LLC and the Town of St. John for a term of two (2) years.
      Mr. Aurelio made a motion to defer the agreement with CentralSquare Technologies, LLC. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.
   3. Consider Motion to Approve Agreement by and with Mad Bomber Fire Works Production of LaPorte, Indiana and the Town of St. John
      Mr. Swets made a motion to approve the agreement with Mad Bomber Fire Works Production. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   4. Consider Motion to Approve Special Exception BZA at 9601 Industrial Drive, Suite A, St. John for Falling Sands Distillery, within an Industrial Zoning District
      Mr. Aurelio made a motion to defer. Mr. Aurelio asked if the petitioner can return another day as there is some missing permits and documentation. Attorney Westland advised that the petitioner cannot speak on this matter. Mr. Blazak seconded the motion. Mr. Swets spoke against the motion. Mr. Swets repeated that there are things that are required by the State, but if the Council approves this, pending approval from the State, the Council is done and the petitioner can move forward and file for the permits. Attorney Westland advised that the Council cannot request additional evidence. The options are to vote yes and impose reasonable conditions or to vote no, which will restrict the petitioner for applying again for possibly six (6) months to one (1) year. If no action is taken for sixty (60) days, the petitioner is automatically granted approval. Mr. Aurelio withdrew his motion to defer. Mr. Blazak withdrew his second. Mr. Swets made a motion to approve the special exception conditioned upon State permits and legal review. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   5. Consider Acceptance of Performance Surety Bond in the amount of $187,069.00 for St. John Commons Phase 1
      Mr. Swets made a motion to accept the Performance Surety Bond in the amount of $187,069.00 for St. John Commons Phase 1. Mr. Blazak seconded the motion. Motion carried with 5 ayes and 0 nays.
   6. Consider Acceptance of Performance Surety Bond in the amount of $5,500.00 for Continental, Unit 3
      Mr. Blazak made a motion to accept the Performance Surety Bond in the amount of $5,500.00 for Continental, Unit 3. Mr. Swets seconded the motion. Motion carried with 5 ayes and 0 nays.
   7. Consider Acceptance of Performance Surety Bond in the amount of $13,530.00 for The Gates of St. John, Unit 25
      Mr. Blazak made a motion to accept the Performance Surety Bond in the amount of $13,530.00 for The Gates of St. John, Unit 25. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.
   8. Consider Acceptance of 3-Year Maintenance Letter of Credit in the amount of $256,481.70 for The Preserve, Unit 6
      Mr. Blazak made a motion to accept the 3-Year Maintenance Letter of Credit in the amount of $256,481.70 for The Preserve, Unit 6. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.
   9. Consider Motion to Approve a Use Variance at 9321 Wicker Avenue, St. John for Clark Pediatric Dentistry within the US 41 Overlay District
      Mr. Blazak made a motion to approve a Use Variance at 9321 Wicker Avenue, St. John for Clark Pediatric Dentistry within the US 41 Overlay District. Mr. Aurelio seconded the motion. Motion carried with 5 ayes and 0 nays.
   10. Consider Motion to Approve a Special Exception at 9525 Wicker Avenue, St. John for CLD Holdings within a C-2 Commercial Highway Zoning District
       Mr. Swets made a motion to approve a Special Exception at 9525 Wicker Avenue, St. John for CLD Holdings within a C-2 Commercial Highway Zoning District. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.
   11. Consider Motion to Approve a Use Variance at 9525 Wicker Avenue, St. John for CLD Holdings within the US 41 Overlay District
       Mr. Swets made a motion to approve a Use Variance at 9525 Wicker Avenue, St. John for CLD Holdings within the US 41 Overlay District. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.
   12. Consider Motion to Approve a Special Exception at 10845 Parrish Avenue, St. John for S.R. Ande with a C-2 Commercial Highway Zoning District and US 231 Overlay District
       Mr. Wiszowaty explained that this comes to the Council with a unanimous unfavorable recommendation from the BZA. Mr. Swets made a motion to deny the Special Exception at 10845 Parrish Avenue, St. John for S.R. Ande with a C-2 Commercial Highway Zoning District and US 231 Overlay District. Mr. Pondinas seconded the motion. Motion carried with 5 ayes and 0 nays.
4. Information to be Accepted and Placed on File with the Clerk-Treasurer
   1. IDEM Permit Application – ANR Pipeline 10313 White Oak Avenue
   2. Legal Notice – S.R. Ande LLC, 10845 Parrish Avenue
   3. Legal Notice – Suncrest Christian Church, Park Place and 109th Avenue

STAFF REPORTS & CORRESPONDENCE:

A. Clerk-Treasurer – Nothing to report.

B. Engineer – Evan Laviolette, First Group Engineering – Mr. Laviolette provided some updates on the W. 93rd Avenue project. The project is on schedule. Mr. Pondinas asked about extending the water main onto Keilman. Mr. Laviolette responded that they didn’t have any numbers yet. Additional discussion on the Keilman project continued.

C. Town Manager – He confirmed with INDOT that the CCMG projects for 2021 and 2022 were closed out, therefore, the Town will be eligible to apply again next year.

D. Town Council
Wayne Pondinas – Nothing to report.
Gerald Swets – Nothing new at Tri-Town Safety Village and NIRPC. He added that Mr. Bouvat addressed the Council earlier and he is interested in software and would like to hear those ideas and get started on it. He stated that he had previously suggested working together in the hiring of the new Building and Planning Director. Mr. Wiszowaty stated that there is one candidate for the Director position and agreed that is the best process for moving forward.
Michael Aurelio – Nothing to report.
Bryan Blazak – Nothing to report.
Michael Schilling – The Fire Department Open House is on Saturday, October 7, 2023.

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. The motion was seconded. The Town Council Regular Meeting was adjourned at 7:55 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 25th Day of October, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Meeting to order on Monday, October 9, 2023, at 5:50 p.m.

PLEDGE OF ALLEGIANCE:

Town Council President, Mr. Schilling, led the Council and all those present in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; Gerald Swets, Councilman; and Michael Schilling, President.

Also present: Joseph Wiszowaty, Town Manager; David Westland, Town Attorney; and Beth Hernandez, Clerk-Treasurer.

NEW BUSINESS:

1. Consider Water Change Order #3 – West 93rd Avenue Project – Evan Laviolette, First Group
   Mr. Laviolette provided some background for the change order and described the process of the changes affecting the project on Keilman and School Street. Mr. Wiszowaty explained that this is a water project, however, the Council approved the original bid and will require Council approval. Mr. Swets made a motion to approve Change Order #3 in the amount of $147,976.40. Mr. Pondinas seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0 nays.
2. Financial Matters of the Corporation
   1. Request to Purchase for Torrenga Surveying in the amount of $4,950.00
      Mr. Wiszowaty explained this was a survey for platting Well 9 in The Gates, Unit 24B to obtain final plat approval. Mr. Swets made a motion to approve the Request to Purchase. Mr. Blazak seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0
   2. Request to Purchase for Water Surplus (Gates) $127,315.38 (Bond)
      Mr. Wiszowaty explained that this is the media change out for the Gates treatment plant from the Water Bond. Mr. Swets made a motion to approve the Request to Purchase for Water Surplus for the Gates in the amount of $127,315.38. Mr. Pondinas seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0
   3. Request to Purchase for Water Surplus (Monix) $127,315.38 (Utility)
      Mr. Wiszowaty explained that this is the media change out for the Monix treatment plant from the Water Utility. Mr. Swets made a motion to approve the Request to Purchase for Water Surplus for Monix in the amount of $127,315.38 from Utility. Mr. Pondinas seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0
3. Consider Release of 2-Year Performance Letter of Credit in the amount of $158,289.00 for St. John Commons Phase 1
   Mr. Wiszowaty explained that these items were not on the last agenda and the Council approved the Performance Bond acceptance for both of these projects with a favorable recommendation. These actions will release those letters of credit. Mr. Swets made a motion to approve the release of the Letter of Credit for St. John Commons Phase 1. Mr. Blazak seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0
4. Consider Release of 2-Year Performance Letter of Credit in the amount of $447,918.90 for The Preserve, Unit 6
   Mr. Swets made a motion to approve the release of the Letter of Credit for The Preserve, Unit 6. Mr. Blazak seconded the motion. Motion carried by roll call vote: Mr. Aurelio-aye, Mr. Blazak-aye, Mr. Pondinas-aye, Mr. Swets-aye, and Mr. Schilling-aye. 5 ayes and 0

ADJOURNMENT:

Mr. Blazak made a motion to adjourn. Mr. Aurelio seconded the motion. The Town Council Special Meeting was adjourned at 6:56 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 25th Day of October, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer

CALL TO ORDER:

Town Council President, Michael Schilling, called the St. John Town Council Special Study Session to order on Thursday, October 19, 2023, at 7:01 p.m., and led all in the Pledge of Allegiance.

ROLL CALL:

Councilmen present: Michael Aurelio, Councilman; Bryan Blazak, Councilman; Wayne Pondinas, Councilman; and Michael Schilling, President.

Councilmen absent: Gerald Swets, Councilman

Also present: Joseph Wiszowaty, Town Manager and Beth Hernandez, Clerk-Treasurer

STUDY SESSION DISCUSSION ITEMS:

a. Presentations

1. Declaratory Resolution – St. John Commons EDA
2. Bond Ordinance – St. John Commons TIF
   Mr. Wiszowaty asked to have these two (2) items removed from the Agenda this evening as these items will be restructured to a more beneficial plan for the Town. These will be revisited with the RDC, the Plan Commission and the Town Council next month.
3. Meyers Glaros Insurance – 2024 Insurance Renewal
   Matt Glaros and Rob Adlard with Meyers Glaros Insurance presented on the packet provided. Mr. Glaros referred to a chart in the presentation reporting on the claims for the last twelve (12) months of the year which reports on how the plan is performing. The information provides what the Town spends on a total cost perspective and he listed off the line items. He described the stop loss selection and process. He reported that the plan is running to the maximum and how it affects the renewal rate. Mr. Glaros explained the Capital Investment policy and its benefits. Mr. Glaros explained a lower cost option could be added to the offering for 2024 upon approval in which the employee contribution would be reduced, but would add a little more risk to the employee by way of deductible and out of pocket costs, therefore it is generally geared toward young and healthy individuals. Mr. Adlard explained the addition of an Employee Assistance Program (EAP), which most employers carry, to assist employees with behavioral and mental health issues. All employees and any family member in the household has access to the program. He described the program in more detail. He listed off a few other optional programs that may reduce the costs to the employee and the Town. Mr. Glaros explained the increase and reduction in insurance costs overall.
4. K2M Design – Public Safety Building Design
   Eric Pros (virtually) and Carrie Colvin of K2M Design were in attendance to discuss improvements for the Public Safety building. Mr. Pros summarized what they’ve done in their assessment and offered some ideas. He reported that they had created of list of items based on safety priorities with associated costs. Mr. Wiszowaty explained that the plan was to get design and assessment of the priorities and costs, to understand the funds requirement. Mr. Pros explained that the next phase would be to create the construction documents to be available to contractors when the Town is ready to go for bids. Mr. Wiszowaty asked about the fee schedule on the proposal. Mr. Pros reiterated what the next phase is and the proposal could be set for that phase at this time. Mr. Aurelio asked what other Fire Departments or Towns had they done in the recent past. Mr. Pros replied that they recently broke ground in Cedar Lake, they are doing a heavy renovation with Merrillville on Station #74 and new Station #73, and they are working with Valparaiso on 2 additional stations. Mr. Pondinas noted that the Town will need about $1 million to get the job complete and that there is a new Town Council coming in and the pressure is being placed on them. Mr. Wiszowaty separated the steps as the design and the actual construction. Mr. Pondinas asked if this was in the budget. Mr. Wiszowaty responded that the Council could consider using the ARPA funds for the design. Mr. Aurelio added whether this is of urgent need or can wait until next year. Mr. Pros stated that K2M is not adding luxuries to the building but are adding things that would keep the first responders healthy and provided samples of concern. He asked that the Council consider those concerns when discussing whether to move forward or wait, as their current environment is unsafe.
5. W. 93rd Avenue Escrow Items – First Group
   Evan Laviolette, First Group Engineering, referred to a Change Order document representing a credit resulting in conversations with the church. The church’s new plans would render the fence obsolete. The Town is being asked to place a portion of this credit in escrow to allow for reimbursements as development is done for certain items. Mr. Laviolette provided additional details on the options being considered. Mr. Laviolette noted that they are on schedule to finish the project this year, and cannot ask the contractors to take on any additional work. Mr. Pondinas asked Mr. Laviolette to invite F.H. Paschen to the next Council meeting to explain the delays with the project. Mr. Laviolette responded that they have a scheduled progress meeting at Town Hall tomorrow. The deadline has always been December 8th and he is confident they are on target. They have daily inspection reports so they know when there has been no work on site, which has been a lot. Mr. Laviolette reported that NIPSCO will be closing 93rd down tonight from midnight to 3:00 a.m. at the intersection of 93rd and Keilman to finish some pole relocation. He explained the detour route and that there would be no power loss.
6. Hanover Township Fire Protection – K. Toth Trustee
   Mr. Toth reported that he is seeking a contract with the Town for Fire and EMS service in the unincorporated areas of Hanover Township. He referred to a map of the areas wheres coverage would be required. They are interested in improving the response times in these areas, as Cedar Lake Fire is a distance away. Mr. Toth explained that they are proposing the coverage to include everything from W. 109th north from State Line to Cline Avenue, the majority of which is Emerald Crossing. He added, based on their tracking information, there are about fifteen (15) calls per month, the majority accidents. He referred to the annual contract provided with a compensation of about $40,000.00. Mr. Wiszowaty reported that the contract was reviewed and recommended by the Safety Board. It was also reviewed and edited by Attorney Westland. Richard Niemeyer, 13339 Calumet Avenue, Cedar Lake, Brunswick – Mr. Niemeyer asked about the pecking order for mutual aid, as he serves on the Township Board. He asked if St. John uses Crete Township as it is right down the road.
7. St. John Township – Cathy Lareau, Trustee
   Ms. Lareau referred to an Interlocal Community Service Agreement and provided some history regarding a Tri-Town Ministerial Group that would collect funds and provide police departments with gas cards to be used in the call of duty for stranded vehicles without fuel, but the group disbanded in 2019. Since then, she continues to receive calls from police departments about the gas cards. She learned at a conference that she is able, by State Statute, to enter into Community Service Agreements with non-profits, as well as Interlocal agreements with governments. There is nothing on the part of the Town outside of the stipulation that there would need to be controls within the Police Department for the gift cards. The term being whenever they run out, they contact Ms. Lareau. The number of cards supplied would be based on the size of the Police Department. Mr. Wiszowaty reported that there was an occurrence last week where the firefighter paid out of pocket for the gas of a stranded motorist. Ms. Lareau described an internal control process.

b. Discussion – Policy for Ambulance Service for employees on duty

Mr. Wiszowaty explained that at this time, there is no policy for when an employee is not well, to say the Town will provide an ambulance to take them to the hospital. If they are hurt on the job, it is covered by Workers Comp. The recommendation is to develop a policy where an employee is taken by ambulance to the hospital while they are working on duty. He added that we had a situation like this and that’s the reason for the policy request. Mr. Schilling asked about a draft, to which Mr. Wiszowaty responded that there is no draft available, but was seeking Council consensus first. Mr. Aurelio asked if other towns had a similar policy. Mr. Wiszowaty responded that he would ask the Chief to make some calls.

c. Engineering Task Orders

Dave Shilling, Robinson Engineering, reported on the Task order for the Service Line Material Inventory for the water system. This Task order received favorable recommendation from the Waterworks Board in September. He added that this started with the Flint, Michigan water crisis in 2014. In Indiana, the inventory of all service lines is due by October, 2024 and he referred to lead lines. He then reported that the Waterworks Board recommended the desktop inventory option. The different materials were discussed and the process to obtain the information was described. Mr. Shilling referred to the other Task order, which is for the GIS updates for utility atlases and how it is broken down between Water, Sanitary Sewer and Storm Sewer. Water gave a favorable recommendation in September, Sanitary Board gave a favorable recommendation on Tuesday and Storm Water gave their recommendation last night. The cost would be $32,000 for water, $20,000 for sanitary, and $38,000 for storm sewer based upon what the Town has on record now and which areas are missing. As the Town already has an ArcGIS account, that extra expense here would not be necessary. Once the information is gathered and updated, the data would be under the Town’s ArcGIS account. Mr. Shilling described other benefits for an updated GIS atlases.

d. Additional Appropriations

Mr. Wiszowaty provided the totals of the requested additional appropriations per fund from the provided document.

e. ARPA Fund Request – Public Safety Building HVAC

Mr. Wiszowaty reported that there are two (2) requests to purchase for Mechanical Concepts, one being for a building automation upgrade and the other for a refrigerant leak repair. As the firefighters live in the building and as there are times when hazardous substances are brought into the building, the system needs to remove the poor air out of the building. It is recommended by both Chiefs to get this work done as soon as possible. Mr. Wiszowaty added that his recommendation would be to use the ARPA funds for a total of $111,987 and he could draft a resolution for the next council meeting, per the direction of the Council. Mr. Pondinas asked how much was left in ARPA. Mr. Wiszowaty responded that there is $900,000 that is unappropriated.

f. 2024 Salary Ordinance

Mr. Wiszowaty reported that this will be on the Agenda for first reading next week and the second reading in November for adoption. He reported that the employees will receive a cost of living increase of 3% and that there are several employees receiving promotions, listing those positions. He reported that he included the cost of the insurance in the ordinance. Mr. Schilling asked about the search for a new Building and Planning Director. Mr. Wiszowaty responded that an interview with a candidate is scheduled for next week. Mr. Pondinas asked about the impact of the salary ordinance will have on the budget. Mr. Wiszowaty responded that he will send the Council the total Town-wide increase in the total salary.

g. Resolution for Uncollectible Debt EMS

Mr. Wiszowaty explained that this is a routine process. The total for the uncollectible debt portion is $307,999.64 from January, 2023 through June 30, 2023. Much of this is from Medicare contractual agreements. Mr. Aurelio expressed his discontent with the process.

h. Accept Performance Surety – Gates of St. John Unit 21B for $21,335.00
i. Accept Performance Surety – Gates of St. John Unit 24B for $17,380.00

Mr. Wiszowaty asked for attention on one final thing regarding $750.00 for a Police Reserve Officer which was not included in the 2023 Salary Ordinance. This would be an amendment to the current salary ordinance.

ADJOURNMENT:

A motion to adjourn was made and seconded. The Town Council Special Study Session was adjourned at 8:26 p.m.

Respectfully Submitted:

Anastasia Lowery, Recording Secretary
St. John Town Council

Approved This 25th Day of October, 2023:

___________________________________
Michael Schilling, Town Council President

Attest:

________________________________
Beth Hernandez, Clerk-Treasurer