Town Council 11/16/10 Meeting Minutes - the Town of Winfield

Town of Winfield 10645 Randolph Street Winfield, IN 46307Meeting of the Winfield Town CouncilTuesday, November 16th, 2010 7:00 P.M.The meeting was called to order at 7:07 pm. Roll call found Jim Hicks, Mike Lambert, MikeDeNormandie, Rob Bult and Paulette Skinner present. Clerk-Treasurer Rick Anderson, Town Attorney BillEnslen, Town Engineering Tony Kenning and Council Administrator Kathleen DeRuntz were present.SPECIAL ORDER:Public Hearing – Tim Link at 4209 E. 101 st Avenue; petition to vacate no-access easementUnable to proceed due to inadequate legal notice in the newspaper, this is a legal requirement for a public hearingto occur.MINUTES TO BE APPROVED:The minutes from the Town Council Meeting October 19, 2010, Town Council Special Meeting October 26, 2010and Town Council Executive Session November 2, 2010 were presented. A motion to accept the minutes aspresented was made by Mike DeNormandie and seconded by Rob Bult. A roll call was taken; Jim Hicks –yes;Mike Lambert –abstain; Paulette Skinner –yes, Rob Bult – yes, Mike DeNormandie - yes. The motion passed witha 4-0 voteUNFINISHED/DEFERRED BUSINESS:1. Second reading of Ordinance 194, Establishing Storm Water User Fee and Adopting Storm Water ServiceUser Fee Rates and PoliciesAttorney Enslen read Ordinance 194 in title only. A motion to approve Ordinance 194 as read was made byMike DeNormandie; seconded by Rob Bult. Paulette Skinner believes that this is not the time due to theeconomy to implement this fee. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes, Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 4-1 vote.2. Discussion of Wyndance Performance Bond regarding Sewer Line ExtensionJim Hicks provided some background history and information regarding this issue, stating that both parties arenear an agreement. A motion to allow Mr. Thieneman to post an additional bond to be calculated by DLZalong with the expense of the calculation would be paid for by Mr. Thieneman to expire on February 25 th , 2011was passed at the Sewer Board meeting on 11/16/2010. The parties involved will still have to have a recaptureagreement to work through.NEW BUSINESS:1. Discussion of expenditures for Storm Water Billing; forms, software and equipmentRick Anderson went through a proposal of costs involved in implementing the Storm Water User Fee billingsystem, including computer server improvements, software module, data conversion, training, annual support,folding/sealing machine and one year’s supply of invoices/envelopes. The cost would be divided betweenthree funds: CCI, CCD and General Funds. Timeframe for implementation, publishing notice to public andpossible discounting for prepaying were discussed. Billing is expected to begin in March 2011.2. Change Order #2: Randolph Street Auxiliary Lane ProjectDeferred to December - change order pending.3. Payment Application #1: Walsh & Kelly for Randolph Street Auxiliary Lane ProjectTony Kenning reviewed the two invoices received from Walsh & Kelly in the total amount of $127, 923. 08 ; thecontracted amount was $122,613. 00 including the $350. 00 for recasting the sewer drain which will be paid fromthe Sewer Fund reducing the total recommended 1 st payment to $108,526. 25 . Certain quantities of materialswere used more of than expected, asphalt and gravel to extend the shoulder out for a better result; the netincrease is $5,310. 08 . A motion to approve a payment to Walsh & Kelly in the amount of $108,526. 25 wasPage 1 of 5

Town of Winfield 10645 Randolph Street Winfield, IN 46307Meeting of the Winfield Town CouncilTuesday, November 16th, 2010 7:00 P.M.made by Rob Bult; seconded by Mike DeNormandie. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 5-0 vote.4. Proposed Adjustment to Stonegate Commons/Stonegate Offsite/Stonegate Phase IPerformance/Maintenance Bond RecommendationJim Hicks presented the letter provided by the Plan Commission regarding the adjustment to the bond. Amotion to accept the recommendation made by the Plan Commission was made by Mike DeNormandie; RobBult seconded the motion. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –abstain, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 4-0 vote.5. Consideration of Ordinance 197, 2011 Wage and Salary Rates of the Elected Officers of the Town ofWinfield, IndianaRick Anderson explained that this is an annual ordinance which needs to be adopted for salaries of electedofficials of the Town in 2011. Rick reads Ordinance 197 in its entirety. A motion to defer sections 5, 6, 7, 8& 10 to be discussed in an executive session was made by Paulette Skinner; no one seconded. The motiondies. A motion to approve ordinance 197 on first reading was made by Mike DeNormandie; seconded by RobBult. Rick Anderson explained that the clerk treasurers’ pay has increased due to the enlarged workload; theTreasurer now manages 26 funds rather than 7; the Treasurer handles the Sewer, RDC and Storm WaterBoards as well as the Town’s. The rate has gone from $24,570.00 to $31,980.00; an increase of $7,410.00. Incomparison to communities of similar size in Lake County, some of those are: Schererville: $66,800.00, St.John: $75,344.00, Munster: $80,340.00, Highland: $63,740.00, Griffith: $59,798.00, Dyer: $62,900.00 andCedar Lake: $48,600. Paulette Skinner had asked how many hours that Rick puts in each week; Rick statedthat he currently is working 30 to 40 hours a week and he will commit to provide 30 hours per week to theTown. Mrs. Skinner than asked why the town would need a full time clerk treasurer and a full time deputyclerk treasurer, since the new employee will work exclusively for the Treasurer and not have any officemanagement duties as had the other deputy clerk treasurer. Rick replied that the job has expanded and that theduties of the previous deputy clerk treasurer included office coordination duties that are now delegated to himand Kathleen, those duties have not gone away with the position. The only duty not being handled in the officeis discipline of the employees which falls to the various liaisons from the Town Council. Paulette Skinnerwanted a firm schedule, Rick stated that he would put in place a basic schedule but will need flexibility as theCouncil has previously afforded him. Jim Hicks agreed with Rick, that the job will expand even more as thetown continues to grow. Jim believes that Rick has done an outstanding job and goes above and beyond. RobBult stated that the Town is lucky to have Rick as a Clerk Treasurer and that he has done a wonderful job.Paulette Skinner stated that when he was elected he knew what the pay was and should expect a raise and nowhe wants more; it is inappropriate at this time – we have too many unknowns, the town will have a firecontract coming up. Rick stated that comes out of a different category of the General Fund. A roll call wastaken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie - yes.Second reading will be added to the December 21 st meeting.6. Consideration of Ordinance 198, 2011 Wage and Salary Rates of the Non-Elected Officers and Employeesof the Town of Winfield, IndianaRick Anderson read Ordinance 198 in its entirety. A motion to approve Ordinance 198 on first reading wasmade by Mike DeNormandie; seconded by Rob Bult. Paulette Skinner asked if there were any performancereviews that substantiated the changes in wages. Rick Anderson stated that these are performed by the liaisonsfor each department and they will be distributed to the Town Council members when completed. A roll callwas taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie -yes. Second reading will be added to the December 21 st meeting.Page 2 of 5

Town of Winfield 10645 Randolph Street Winfield, IN 46307Meeting of the Winfield Town CouncilTuesday, November 16th, 2010 7:00 P.M.7. Resolution 2010-7, Paid Holidays for 2011Rick Anderson read Resolution 2010-7 in its entirety. Attorney Enslen pointed out that the Election Day inNovember was erroneous; it should be November 8 th rather than the 1 st . The change was made to reflect thecorrect date. A motion to approve Resolution 2010-7 with one date adjustment was made by Mike Lambert;seconded by Rob Bult. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, RobBult – yes, Mike DeNormandie - yes. The motion passed with a 5-0 vote.8. Discussion of Adjustment for Snow Plow RateRick Anderson explained that after reviewing the current snow plow rate it is in need of adjustment due to itbeing out of line with regular current pay rates. The Town currently has pay grades for different levels ofexperience and the change would fit in the budget and the salary ordinance; Rick suggests an adjustment of therate to $16.75 for Jerry Walsh, a $17.00 rate for Ed Wojcik and a general rate of $16.00 for all others. Amotion to approve the snow plow rate adjustment was made by Mike DeNormandie; seconded by MikeLambert. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – yes,Mike DeNormandie - yes. The motion passed with a 5-0 vote.9. Ratification of Employment of Deputy Clerk Treasurer, Lori LesniewskiRick Anderson stated his intention to employ Lori Lesniewski based on her resume, degree in accounting,professionalism and feels she would be a good fit in the Town’s Clerk-Treasurers office. A motion to approvethe hire of Lori Lesniewski at the salary ordinance provided by Rick Anderson was made by Rob Bult;seconded by Mike Lambert. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 5-0 vote.10. Resolution 2010-8, Modification of Payment of PERF Employee ContributionsAttorney Bill Enslen read Resolution 2010-8 in its entirety. A motion to accept Resolution 2010-8 as read wasmade by Rob Bult; seconded by Mike DeNormandie. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 5-0 vote.11. Winfield Community Foundation membershipJim Hicks stated that there are 5 appointments that need to be made for the Community Foundation; Jim’srecommended nominations were Jim Jungles, Rob Bult, Bill Stack, Don Biesen and himself. Jim presentedthe resignation letter sent to him by Gerry Stiener and stated that he would accept Mr. Stiener’s resignation. Amotion to appoint Mr. Hicks, Mr. Biesen, Mr. Jungles, Mr. Stack and Mr. Bult and accept Mr. Stiener’sresignation was made by Rob Bult; seconded by Jim Hicks. A roll call was taken; Jim Hicks –yes; MikeLambert –abstain; Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie - no. The item will be placed onDecember 21 st meeting agenda.12. Banner Requests –a. LOFS Lions Club Super Bowl PartyA motion to accept the request for the LOFS Lions Club Super Bowl Party Banner was made byPaulette Skinner; seconded by Mike DeNormandie. All were in favor. The request was granted.13. Organizational Meeting for 2011Special Orders:Election of Town Council Officers for 20111. Election of Town Council PresidentRob Bult nominated Jim Hicks as Town Council President, seconded by Mike DeNormandie. A roll call wastaken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie - yes.The motion passed with a 4-1 vote. Mr. Jim Hicks was elected Town Council President for 2011.Page 3 of 5

Town of Winfield 10645 Randolph Street Winfield, IN 46307Meeting of the Winfield Town CouncilTuesday, November 16th, 2010 7:00 P.M.2. Election of Council Vice PresidentRob Bult nominated Mike Lambert as Town Council Vice President, seconded by Jim Hicks. A roll call wastaken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – yes, Mike DeNormandie - yes.The motion passed with a 5-0 vote. Mr. Mike Lambert was elected Town Council Vice President for 2011.Appointments:Local Option or Home Rule Boards, Commissions, Administrative Officials and Consulting Professionals.1. Contract, Town AttorneyThe new contract for Attorney Bill Enslen was presented. A motion to take the contracts for TownAttorney and Town Engineer under advisement for an executive session was made by Mike Lambert,seconded by Paulette Skinner. Discussion of this motion ensued. A roll call was taken; Jim Hicks –no;Mike Lambert –yes; Paulette Skinner –yes, Rob Bult – no, Mike DeNormandie - no. The motion did notpass. A motion to accept the contract dated November 30 th , 2010 for Town Attorney, Bill Enslen, wasmade by Rob Bult; seconded by Jim Hicks. A roll call was taken; Jim Hicks –yes; Mike Lambert –no;Paulette Skinner –no, Rob Bult – yes, Mike DeNormandie - yes. The motion passed with a 3-2 vote.2. Contract, Town EngineerThe new contract for DLZ was presented. Rick Anderson went through the breakdown of services thatDLZ provided the Town in last two years, as well as the stimulus funds used and the reimbursementsreceived. A motion to accept DLZ’s new contract was made by Mike DeNormandie, seconded by RobBult. A roll call was taken; Jim Hicks –yes; Mike Lambert –no; Paulette Skinner –yes, Rob Bult – yes,Mike DeNormandie - yes. The motion passed with a 4-1 vote.3. Appointment of Council Representative to:a. Lake County Solid Waste Board f. NIRPCb. Township Services g. Officec. LOFS Fire Force h. Planning/Building Administrationd. CDBG i. Street Departmente. Community Development j. ParksAll above appointment of Council Representatives for each department will remain the same:Paulette Skinner – Lake County Solid Waste Board, Community Development, CDBG and Parks;Mike DeNormandie – LOFS Fire Force and NIRPC; Rob Bult – Streets Department andPlanning/Building Administration; Mike Lambert – Streets Department (shared with Rob Bult);Jim Hicks – Office.Statutory Boards and Commissions:1. Appointments to BZADeferred to December Meeting2. Plan Commission Appointments (Elected Officials)Currently serving Elected Officials: Paulette Skinner, Mike DeNormandie and Mike Lambert willremain the appointments for the plan commission for 2011.3. Redevelopment Commission AppointmentsDeferred to December Meeting4. Community Foundation AppointmentsPlaced on December Meeting as noted above in item #115. Storm Water BoardDeferred to December Meeting6. Sewer BoardDeferred to December MeetingPage 4 of 5

Town of Winfield 10645 Randolph Street Winfield, IN 46307Meeting of the Winfield Town CouncilTuesday, November 16th, 2010 7:00 P.M.TREASURER’S REPORT:Rick Anderson presented the Treasurer’s Report and register of claims in the amount of $80,552.38. There were nounusual or non-recurring claims this month. Mike DeNormandie made a motion to approve claims as presented;seconded by Mike Lambert. A roll call was taken; Jim Hicks –yes; Mike Lambert –yes; Paulette Skinner –yes, RobBult – yes, Mike DeNormandie - yes. The motion passed with a 5-0 vote.No citizens requesting placement on the agenda. Jim Hicks gave the announcements. Mike DeNormandie made amotion to adjourn the meeting, seconded by Mike Lambert. All were in favor. The meeting adjourned at 8:21 p.m.Respectfully submitted:James L. HicksTown Council PresidentKathleen DeRuntzCouncil AdministratorPage 5 of 5