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Enrolled Minutes of the Regular Meeting

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Enrolled Minutes of the Regular Meeting ...

Enrolled Minutes of the One Hundred Second Regular Meeting

    For the Twenty-Fifth Highland Town Council

    Monday, October 22, 2007

    Study Session. The Twenty Fifth Town Council of the Town of Highland, Lake County, Indiana met in a study session preceding the regular meeting on Monday, October 22, 2007 at 6:30

    O’clock P.M. in the regular place, the meeting chambers of the Highland Municipal Building,

    3333 Ridge Road, Highland, Indiana.

    Silent Roll Call: Councilors Bernie Zemen, Mark Herak, Robert Helmer, Joseph Wszolek and Daniel E. Dernulc were present. The Clerk-Treasurer, Michael W. Griffin was present to

    memorialize the proceedings. A quorum was attained.

General Substance of Matters Discussed.

1. The Town Council discussed the imminent agenda.

2. The Town Council and the Town Manager discussed a request from Gerald Brumm of

    Brumm’s Bloomin’ Barn (the letter is an agenda item) regarding the false alarm fees assessed

    against his business.

3. The Town Council and the Town Manager discussed proposed amendments to the

    Compensation and Benefits Ordinance regarding adding a full day holiday for Christmas

    Eve holiday, amending it from its current half and then removing the 2 hours early

    departure for New Year’s Eve.

4. The Town Council and the Town Manager discussed the temporary construction easement

    for the Hammond Water Vault.

5. The Town Council and the Town Manager discussed the request presented by Councilor

    Wszolek, in which Councilor Wszolek indicated his intention to amend the agenda for

    consideration of a use variance approved by the Advisory Board of Zoning Appeals by

    petitioner named Mr. Fortner.

The study session ended at 6:58 O’clock p.m.

    Regular Meeting. The Twenty Fifth Town Council of the Town of Highland, Lake County, Indiana met in its regular session on Monday, October 22, 2007 at 7:00 O’clock P.M. in the

    regular place, the plenary meeting chambers of the Highland Municipal Building, 3333 Ridge

    Road, Highland, Indiana.

The Town Council President Daniel E. Dernulc, presided and the Town Clerk-Treasurer was

    present to memorialize the proceedings.

The session was opened with Councilor Wszolek leading the pledge of allegiance to the United

    States Flag and leading a prayer.

    Roll Call: Present on roll call were Council Members Bernie Zemen, Mark Herak, Robert Helmer, Joseph Wszolek and Daniel Dernulc. The Town Clerk-Treasurer Michael Griffin was

    present. A quorum was attained.

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 2 of 19

    Additional Officials Present: Richard Underkofler, Town Manager; Rhett Tauber, Town

    Council Attorney; John M. Bach, Public Works Director; Peter J. Hojnicki, Metropolitan Police

    Chief; William R. Timmer, Jr., CFOD, Fire Chief; and Cecil Petro, Redevelopment Director.

Dan Stombaugh and Jon Koval of the Town Board of Metropolitan Police Commissioners; Rich

    Garza of the Redevelopment Commission; Dan Buksa of the Plan Commission; and Ed

    Dabrowski of the Park and Recreation Board, were also present.

Minutes of the Previous Session

The minutes of the regular meeting of 24 September 2007 were approved by general consent.

Special Orders:

1. Ceremony: Administration of Oath of Office for Police Officer Candidate Christopher R.

    Wright. Police Officer Candidate Wright was appointed by the Town Board of

    Metropolitan Police Commissioners at its meeting of 11 October 2007, with the

    thappointment to be effective on the 14 day of October 2007.

     (a) Action by Town Council determining that the named Candidate Meets the

    Qualifications for such position, as Determined by the Town Board of Metropolitan

    Police Commissioners and as now approved by the Highland Town Council.

    Councilor Zemen moved that Christopher R. Wright meets the qualifications for

    appointment as a Police Officer in the Highland Metropolitan Police Department, such

    qualifications as determined by the Town Board of Metropolitan Police

    Commissioners and now approved by the Town Council. Councilor Herak seconded.

    Upon a roll call vote, there were five affirmatives and no negatives.

     (b) Administration of Oath. The Clerk-Treasurer administered the oath to the Officer

    candidate, who did swear his oath.

    (c) Presentation of Badge by Town Board of Metropolitan Police Commissioners

    Representative and Town Council President. Officer Wright was given his badge.

2. Public Presentation: A presentation to the Town of Highland of a 2006 Safety Award for a

    favorable workers compensation insurance loss ratio and claim incident rate, was made by

    Tom Brown, Brown Insurance Group.

3. Public Presentation: A Presentation from Vince Galbiati, President of the Northwest

    Indiana Forum regarding local funding for the South Shore passenger rail extension. Karen

    Lauerman of the Northwest Indiana Forum, substituting for Mr. Galbiati, made a

    presentation as indicated called “Connections: South Shore Transit Rail Extension to Lowell

    and Valparaiso.”

Comments from the Public for Topics on the Agenda

    This portion of the Town Council Meeting is reserved for persons who desire to address the Town

    Council. Depending on the nature of he comments, the Town Council may direct the staff to address

    the topic or follow-up on matters that may arise from public comments. Persons addressing the Town

    Council are requested to limit their presentations to three (3) minutes and to try to avoid repetitious

    comments.

     There were no comments written.

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 3 of 19 Communication:

1. The Clerk-Treasurer read a letter from Gerald Brumm d/b/a Brumm’s Bloomin’ Barn

    “asking for leniency” for false alarm billing charges in the amount of $1,725.00 for the

    quarter ended June 30, 2007. There was no further action.

    Staff Reports: The Council received the following reports as information for the record:

• Building & Inspection Report for September 2007

    Permit Type No. Residential Commercial Est. Cost Fees Single Family 1 1 0 $199,900.00 $2,210.00 Duplex/Condo 0 0 0 $0.00 $0.00 Commercial 1 0 1 $569,739.00 $6,020.00 Residential 95 95 0 $625,351.00 $10,531.00 Addit/Remodel

    Commercial 6 0 6 $199,798.00 $3,026.00 Addit/Remodel

    Sheds 2 2 0 $4,300.00 $252.00 Fences 10 10 0 $35,491.00 $950.00 Garage 1 0 1 $114,500.00 $1,470.00 Swimming Pools 1 1 0 $20.00 Misc. Permits 8 8 0 $50,286.00 $998.00 Misc. Razing 2 2 0 $0.00 $149.00 Permits

    Signs 2 0 2 $7,300.00 $532.00 Fire Repair 0 0 0 $0 $0

    Total: 129 119 10 $1,806,665.00 $26,158.00

    Electrical 38 24 14 $3,496.00

    Permits

    Plumbing 14 9 5 $1,956.90

    Permits

    Water Meters 6 4 2 $1,000.00

    Water Taps 4 3 1 $930.00

    Sewer Taps 3 2 1 $1,300.00

    Total: 27 18 9 $5,186.90

September Code Enforcement: 145 warnings and 2 citations were issued.

There were 21 final building inspections, 9 plumbing inspections, and 26 electrical inspections.

    There was one electrical exam given. *1 of the residential permits was due to flood damage.

• Fire Department Report for September 2007

     Current Month 2007 YTD Previous YTD

    14 111 94 General Alarm

    0 7 12 Car Fires

    8 96 113 Still Alarms

    0 1 4 Ambulance Calls

• Workplace Safety Report for September 2007

    There were no incidents reported in September. The following incident summary was filed:

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 4 of 19 Department Injuries Year to Total in Restricted Lost Restricted Lost

    this Month Date 2006 Days 2007 Workdays Days Last Workdays

    2007 This Year Year (2006) Last Year

    (2006)

    1 5 2 0 0 0 0 Parks

    0 0 0 0 0 0 0 Fire

    1 7 7 0 25 0 9 Police

    1 2 5 0 0 2 0 Street

    0 2 1 0 0 0 0 Water &

    Sewer

    0 0 0 0 0 0 0 Maint.

    0 3 2 0 0 0 0 Other

    3 19 17 0 25 2 9 TOTALS:

Effective January 1, 2002, OSHA changed the record keeping guidelines. The municipality now counts the number of days lost from the day after the injury until the employee returns to work. Weekend, holidays, vacation days or other days scheduled off are included in the lost days count to a maximum of 180 days.

Unfinished Business and General Orders:

1. Introduced Ordinance 1368.1298G: AN ORDINANCE to AMEND the ORDINANCE to

    ESTABLISH THE WAGE and SALARY RATES of the ELECTED OFFICERS, the NON-

    ELECTED OFFICERS, and the EMPLOYEES of the TOWN of HIGHLAND, INDIANA. The

    ordinance was introduced and filed at the Town Council meeting of 24 September 2007 by

    Councilor Zemen. There was no further action.

     If adopted, the amendment reduces the authorized staffing level for Street Sweeper Operator from two (2) to one (1); increases the authorized staffing level for Utility Worker/Driver B from two (2) to three (3); and adds the International Municipal Signal Association to the agencies from which certification may be received for additional compensation for the Sign and Traffic Control Technician.

     Councilor Zemen moved the passage and adoption of Ordinance No. 1368.1298G. Councilor

    Herak seconded. Upon a roll call vote, there were five affirmatives and negatives. The

    motion passed. The ordinance was adopted.

    ORDINANCE No. 1368.1298-G of the TOWN of HIGHLAND, INDIANA AN ORDINANCE to AMEND the ORDINANCE to ESTABLISH THE WAGE and SALARY RATES of the ELECTED OFFICERS, the NON-ELECTED OFFICERS, and the EMPLOYEES of the TOWN of HIGHLAND, INDIANA. WHEREAS, Title 36, Article 1 Chapter 4 of the Indiana Code confers certain general corporate powers on the several units of government in Indiana; WHEREAS, Section fifteen of that chapter specifically provides that a unit of government may fix the level of compensation of its officers and employees; and WHEREAS, I.C. 36-5-3-2 further provides in pertinent part that the town legislative body shall provide reasonable compensation for the other town officers and employees; WHEREAS, I.C. 36-5-3-2(b), still further provides that the Town Legislative body shall, by ordinance fix the compensation of its own members and the Town Clerk-Treasurer; WHEREAS, I.C. 36-5-3-2(c) still further provides that the compensation of an elected town officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year; and WHEREAS, The Town Council of the Town of Highland, as the town legislative body, acted to fix the compensation of its elected officers, appointed officers and employees of the Town for the year ensuing, by passage and adoption or Ordinance No. 1298;

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 5 of 19

     WHEREAS, The Town Council of the Town of Highland has been advised that modification to certain provisions of Ordinance No. 1298 would be desirable; WHEREAS, The Town Council of the Town of Highland, as the town legislative body, now desires to modify and fix the compensation of its elected officers, appointed officers and employees of the Town for the year ensuing and to further perfect the wage and salary ordinance, NOW, THEREFORE, BE IT HEREBY ORDAINED by the Town Council of the Town of Highland, Lake County, Indiana, that the Wages, Salaries, and special detail levels of the Officers and Employees of the Town of Highland, are hereby established and fixed, pursuant to the provisions indicated herein and as follows: Provision One: That the Section 9 regarding the Public Works Department of Ordinance No. 1298 as amended, be repealed in its entirety and replaced with a new section to be styled as Section 9 which shall read as follows: Section 9. That subject to the provisions of this ordinance, the salary and wages for the non-elected officers and employees of the Town of Highland are hereby fixed for its Public Works Department as follows:

    (a) Supervisory Employees Starting Incumbent Rate Rate Public Works Director ( 1 ) With an employer provided vehicle: $ 2,635.13 bi-weekly Without an employer provider vehicle: $ 2,769.34 bi-weekly General Supervisor ( 1 ) $2,191.93 bi-weekly Supervisor Streets ( 1 ) $1,846.20 bi-weekly Supervisor Water & Sewer ( 1 ) $1,846.20 bi-weekly Supervisor Maintenance ( 1 ) $1,846.20 bi-weekly Supervisor Facilities ( 1 ) $1,846.20 bi-weekly

    (b) Associate Staff and Employees Starting Incumbent Rate Rate Public Works Secretary ( 1 ) $14.28 $17.30 per hr. Dispatch Clerk ( 1 ) $12.70 $12.70 per hr. Senior Mechanic ( 1 ) $17.80 $17.80 per hr. Senior Utility Technician ( 1 ) $17.75** $17.75** per hr. Utility Technician ( 2 ) $14.36 $14.36 per hr. This base rate shall be modified as follows: w/ Commercial Drivers License add $ 0.50 $ 0.50 per hr. w/DSL Operators’ License add $ 1.01 $ 1.01 per hr. Utility Worker /Equipment Operator ( 2 ) $17.75** $17.75 per hr. Utility Worker /Equipment Operator ( 2 ) $17.75 ** $18.75 per hr. Pump Station Operator ( 2 ) $15.20 $15.20 per hr. This base rate shall be modified as follows: w/ Commercial Drivers License add $00.50 $00.50 per hr. w/DSL Operators’ License add $ 1.01 $ 1.01 per hr. w/ CT Operators’ License add $00.25 $00.25 per hr. w/ Backflow prevention license $00.25 $00.25 per hr. Street Sweeper Operator ( 1 ) $15.88 $17.01 per hr. Utility Worker/Driver A ( 3 ) $17.22 $17.22 per hr. Utility Worker/Driver B ( 3 ) $14.69 $14.69 per hr. Utility Worker/Driver C ( 3 ) $12.34 $12.34 per hr. Mechanic ( 1 )*** $16.13 $16.13 per hr. Mechanic ( 2 ) $16.13 $16.13-$17.39 per hr.

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 6 of 19

    Utility Worker/Driver/ Street sweeper Operator (part-time) $12.34 $12.34 per hr. *** Once a worker is assigned the Senior Mechanic’s position, the authorization for this position is reduced to zero (0). Sign & Traffic Control Technician ( 1 ) $14.86 $14.86 per hr. w/ Commercial Drivers License add $ 0.50 $ 0.50 per hr. w/MUTCD* Certification add $ 1.01 $ 1.01 per hr. *Satisfactory completion of training course on the Manual of Uniform Traffic Control Devices as provided by the American Public Works Association (APWA), Local Technical Assistance Program (LTAP), the American Traffic Safety Services Association (ATSSA) or the International Municipal Sign Association (ISMA). Utility Worker A ( 3 ) $12.91 $12.91-$14.11 per hr. Utility Worker B ( 3 ) $ 9.86 $ 9.86-$12.28 per hr. Custodian ( 1 ) $11.92 $11.923 per hr. Attendant Town Garage ( 1 ) $10.55 $11.58 per hr. Secretary (part-time) $ 5.25-$12.00 per hr. Laborer (not truck driver)(part-time) $ 7.00-$ 11.14 per hr. Master Gardener/Streetscaping (part-time) $12.00 - $ 14.00 per hr. Effective July 15, 2007: Secretary (part-time) $ 5.85-$12.00 per hr. Laborer (not truck driver)(part-time) $ 7.00-$ 11.14 per hr. Effective July 13, 2008: Secretary (part-time) $ 6.55-$12.00 per hr. Laborer (not truck driver)(part-time) $ 7.00-$ 11.14 per hr. Effective July 12, 2009: Secretary (part-time) $ 7.25-$12.00 per hr. Laborer (not truck driver)(part-time) $ 7.25-$ 11.14 per hr. ** (c) Starting rate effected by the following provisions: (1) For the position of Senior Utility Technician (SUT), vacancies shall be posted at $17.75 per hour. Rate shall be adjusted upward and remain equal to, but not exceeding, the lowest paid UW/EO at the time that the lowest paid UW/EO receives any rate increases. (2) For the positions of Utility Worker/Equip Op (UW/EO), if top (senior) UW/EO departs, the incumbent wage and starting wage for UW/EO shall be the average of all four UW/EO wages, which at the time of adoption would be $18 per hour. Section 2. (A) That an emergency exists for the immediate taking affect of this Ordinance, which, subject to the provisions of this ordinance, shall become effective and shall remain in full force and effect from and after the date of its passage and adoption, pursuant to any effective dates herein described and until its repeal or amendment by subsequent enactment; (B) That the Clerk-Treasurer shall have authority to implement within a reasonable time those provisions regarding wage changes occurring between the effective dates set forth retroactively in this ordinance and the date of its passage and adoption. Introduced and Filed on the 24

    th day of September 2007. Consideration on same day or at same meeting of introduction was not considered, pursuant to IC 36-5-2-9.8. DULY ORDAINED and ADOPTED this 22nd Day of October 2007, by the Town Council of the Town of Highland, Lake County, Indiana, having been passed by a vote of 5 in favor and 0 opposed. TOWN COUNCIL of the TOWN of HIGHLAND, INDIANA /s/Daniel E. Dernulc, President (IC 36-5-2-10)

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 7 of 19

    Attest: /s/ Michael W. Griffin, Clerk-Treasurer (IC 33-16-4-1;IC 36-5-6-5)

2. Proposed Ordinance No. 1370: An Ordinance to Amend the Compensation and Benefits

    Ordinance (a/k/a Employee Handbook) to authorize a paid holiday on Christmas Eve,

    repeal two hours of holiday pay on New Years Eve and grant ten holidays to police sworn

    personnel and radio operators subject to Police Department regulations.

     Historically, town employees have been granted four hours compensated leave on Christmas Eve and 2 hours on New Year’s Eve. So, municipal employees had 9.75 paid holidays.

     Councilor Herak introduced and moved the consideration of Ordinance No. 1370 on the

    same meeting or evening of introduction. Councilor Zemen seconded. Upon a roll call vote,

    a unanimous vote being necessary, there were five affirmatives and no negatives. The

    motion passed. The ordinance could be considered.

     Councilor Herak moved the passage and adoption of Ordinance No. 1370 on the same

    meeting or evening of introduction. Councilor Zemen seconded. Upon a roll call vote, a

    2/3rds vote being necessary, there were five affirmatives and no negatives. The motion

    passed. The ordinance was adopted.

    ORDINANCE No. 1370 of the TOWN of HIGHLAND, INDIANA AN ORDINANCE to AMEND THE COMPENSATION AND BENEFITS ORDINANCE REGARDING PAID HOLIDAYS for MUNICIPAL FULL-TIME EMPLOYEES. WHEREAS, Title 36, Article 1 Chapter 4 of the Indiana Code confers certain general corporate powers on the several units of government in Indiana; WHEREAS, Section fifteen of that chapter specifically provides that a unit of government may fix the level of compensation of its officers and employees; and WHEREAS, I.C. 36-5-3-2 further provides in pertinent part that the town legislative body shall provide reasonable compensation for the other town officers and employees; WHEREAS, I.C. 36-5-3-2(b), still further provides that the Town Legislative body shall, by ordinance fix the compensation of its own members and the Town Clerk-Treasurer; WHEREAS, I.C. 36-5-3-2(c) still further provides that the compensation of an elected town officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year; and WHEREAS, The Town Council of the Town of Highland has been advised that modification to certain provisions of the Compensation and Benefits Ordinance more commonly referred to as the Municipal Employees Handbook, would be desirable; WHEREAS, The Town Council of the Town of Highland, as the town legislative body, now desires to modify certain provisions and to further perfect the wage and salary as well as the Compensation and Benefits ordinance, NOW, THEREFORE, BE IT HEREBY ORDAINED by the Town Council of the Town of Highland, Lake County, Indiana, that the Compensation and Benefits Ordinance be amended and modified, pursuant to the provisions indicated herein and as follows: Section 1. That Ordinance No. 1053, first passed and adopted December 30, 1996, known as the Compensation and Benefits Ordinance, commonly called the Employee Handbook, as amended, from time to time, be further amended by repealing in their entirety those provisions beginning with the heading styled Holidays of the Compensation and Benefits Ordinance as amended, then substituting in its stead these provisions which shall now read as follows: Holidays*

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 8 of 19 The Town recognizes and provides paid time off for certain holidays throughout the year for full-time employees who have worked at least 30 calendar days with the Town. They are: New Year's Day Labor Day President's Day Thanksgiving Day Good Friday Day after Thanksgiving Memorial Day Christmas Eve Independence Day (July 4th) Christmas Day If a recognized holiday falls on a Saturday, the previous Friday will normally be observed as the holiday. If the holiday falls on a Sunday, the following Monday will normally be observed. The Town Council President is authorized to issue a written clarification when the weekend rules don’t work. You will be paid for eight hours for the holidays listed above, unless otherwise indicated. You will not be eligible for holiday pay, if you have an unexcused absence on your regularly scheduled shift before the holiday or on your first regularly scheduled shift after the holiday. * Police Radio Operators Sworn Personnel will be granted 10 holidays (subject to Police Department regulations).

     Section 2. That an emergency exists for the immediate taking affect of this Ordinance, which, subject to the provisions of this ordinance, shall become effective and shall remain in full force and effect from and after the date of its passage and adoption, pursuant to any effective dates herein described and until its repeal or amendment by subsequent enactment; Introduced and Filed on the 22

    nd day of October 2007. Consideration on same day or at same meeting of introduction experienced a vote of 5 in favor and 0 opposed, pursuant to IC 36-5-2-9.8. DULY ORDAINED and ADOPTED this 22nd Day of October 2007, by the Town Council of the Town of Highland, Lake County, Indiana, having been passed by a vote of 5 in favor and 0 opposed. TOWN COUNCIL of the TOWN of HIGHLAND, INDIANA Daniel E. Dernulc, President (IC 36-5-2-10) Attest: /s/ Michael W. Griffin, Clerk-Treasurer (IC 33-16-4-1;IC 36-5-6-5)

3. Proposed Ordinance No. 1371-1298-H: AN ORDINANCE to AMEND the ORDINANCE to

    ESTABLISH THE WAGE and SALARY RATES of the ELECTED OFFICERS, the NON-

    ELECTED OFFICERS, and the EMPLOYEES of the TOWN of HIGHLAND, INDIANA.

    Councilor Zemen introduced and filed the ordinance. There was no further action.

     If adopted, the amendment would create two levels of pay for the Parks and Recreation Superintendent; one if the Town as employer provided a town owned or leased vehicle and another level if it did not. The amount of the difference in pay would be $134.21 bi-weekly.

     A 1997 Mercury Sable, which has been furnished by the Town for use by Parks and Recreation Superintendent, Alex Brown, is expected to be offered for sale at the Town’s surplus property auction. This vehicle has about 83,000 miles. Mr. Brown does not desire an employer-provided vehicle. In declining an employer provided vehicle, Mr. Brown would assume financial responsibility for insurance, operation and maintenance expense for business use of his privately owned vehicle. The proposed difference in pay is equivalent to the amount received by the Public Works Director, who also declined an employer provided vehicle. Pursuant to the Compensation and Benefits Ordinance, Mr. Brown’s insurer would provide a certificate of insurance naming the Town of Highland as an “additional insured” in limits of $1 million each accident for death and bodily injury exposures and $100,000.00 each accident for property damage exposures.

4. Resolution No. 2007-53: A Resolution Transferring Appropriations between and among

    Major Categories of Expense, pursuant to IC 6-1.1-18-6. in the amount of $3,983 within the

    Information Technology & Communication Fund.

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 9 of 19

     This transfer is for unanticipated payroll expenses of part-time IT Coordinator Dale Eenigenburg. 40 hours per pay period was budgeted for this position. Funding is available to underwrite this additional payroll expense as a result of a reduction in the monthly retainer for the Town’s IT consultant Ed Dabrowski d/b/a CBL Consulting.

     Councilor Wszolek moved the passage and adoption of the resolution. Councilor Herak

    seconded. Upon a roll call vote, there were five affirmatives and no negatives. The motion

    passed. The resolution was adopted.

    TOWN of HIGHLAND APPROPRIATION TRANSFER RESOLUTION Resolution No. 2007-53

    AN EXIGENT RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATION BALANCES FROM AND AMONG MAJOR BUDGET CLASSIFICATIONS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY FUND AS REQUESTED BY THE DEPARTMENT HEAD (S) OR PROPER OFFICER (S) AND FORWARDED TO THE TOWN COUNCIL FOR ITS ACTION PURSUANT TO IC 6-1.1-18-6. WHEREAS, It has been determined that certain exigent conditions have developed since adoption of the annual budget and it is now necessary to transfer certain appropriations into different categories than were appropriated in the annual budget for the various functions of the Information and Communications Technology Fund; WHEREAS, The Town Council has been advised that the transfer would involve creation and authorization of a major expense category, for which no appropriations were approved in the current budget; NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Highland, Lake County, Indiana as follows: Section 1. That for the expenses of said municipality, the following appropriations are hereby transferred and set apart out of the funds hereinafter named for the purposes herein specified, subject to the laws governing the same, such sums herein transferred unless otherwise stipulated by law; Section 2. That it has been shown that certain existing appropriations in the Information and Communications Technology Fund have unobligated balances which will not be needed at this time for the purposes for which appropriated, so it will not be necessary to increase the 2007 budget, and may be transferred as follows: I

    NFORMATION AND COMMUNICATIONS TECHNOLOGY FUND Decrease: Acct. 310.06 IT Consultant Services. $ 3,983.00 Total 300 Series Reductions $ 3,983.00 Increase: Acct. 111.16 Part-time IT Coordinator Salary $ 3,700.00 Acct. 112.01 IT Social Security/Medicare $ 283.00 Total 100 Series Increases $ 3,983.00 Total of All Fund Decreases: $ 3,983.00 Total of All Fund Increases: $ 3,983.00 D

    ndULY RESOLVED and ADOPTED this 22 Day of October 2007 by the Town Council of the Town of Highland, Lake County, Indiana, having been passed by a vote of 5 in favor and 0 opposed. TOWN COUNCIL of the TOWN of HIGHLAND, INDIANA Daniel E. Dernulc, President (IC 36-5-2-10)

     Michael W. Griffin, Clerk-Treasurer (IC 33-16-4-1;IC 36-5-6-5)

5. Resolution No. 2007 - 54: A Resolution Authorizing a change in an agreement with Langel

    Realty LLC to enable relocation of a planter and trees from 2833 Highway Avenue to

    Markley Park on request of Highland Little League. Councilor Wszolek moved the passage

    Enrolled Minutes

    Highland Town Council

    October 22, 2007

    Page 10 of 19

    and adoption of Resolution No. 2007-54. Councilor Herak seconded. Upon a roll call vote,

    there were five affirmatives and no negatives. The motion passed. The resolution was

    adopted.

    TOWN OF HIGHLAND TOWN COUNCIL Resolution No. 2007-54 A Resolution Authorizing a Change in an Agreement with Langel Realty LLC to Enable Relocation of a Planter and Trees to Markley Park WHEREAS, The Town Council adopted Resolution 2007-30 at a meeting held July 9, 2007 authorizing a license to encroach upon the public way for use of a portion of the sidewalk for outdoor dining by Rodney D. Langel d/b/a Langel Realty LLC, 2833 Highway Avenue, Highland, Indiana; and WHEREAS, Said license agreement prescribed “an existing planter and trees shall be relocated at Grantee’s expense to a specific downtown Highway or Jewett Avenue location approved by the adjacent property owner(s) and the Public Works Director”; and WHEREAS, Richard Garza on behalf of Highland Little League has requested that said planter and trees be relocated to Markley Park in anticipation of a National Little League tournament to be held at that venue in 2008; and WHEREAS, This request was endorsed by the Highland Redevelopment Commission at a meeting held October 10, 2007; and NOW, THEREFORE, BE IT RESOLVED, by the Town Council of Highland, Indiana that a “License to Encroach” approved by Resolution 2007-30 is hereby amended to enable relocation of the planter and trees from 2833 Highway Avenue to Markley Park provided said relocation expense shall be the responsibility of a party other than the Town of Highland.

     DndULY ADOPTED by the Town Council of the Town of Highland this 22 day of October 2007. Having been approved by a vote of 5 in favor and 0 opposed. TOWN COUNCIL of the TOWN of HIGHLAND, INDIANA Dan Dernulc, President(IC 36-5-2-10) Attest: Michael W. Griffin, Clerk-Treasurer (IC 33-16-4-1; IC 36-5-6-5)

    6. CDR 2007-31: A Council Decision Request Authorizing a temporary construction easement

    with Oak Brook Metro, LLC for construction of a meter vault pursuant to agreement with

    the Hammond Water Utility and a $250 payment to Grantor’s Attorney for consultation and

    preparation of the agreement on behalf of the Grantor. Councilor Herak moved to

    authorized the Town Council President, Clerk-Treasurer and Public Works Director to sign

    a temporary construction easement agreement with Oak Brook Metro, LLC and to pay

    Patrick A. Schuster, grantor’ attorney $250 for consultation and preparation of the

    agreement on behalf of the grantor. Councilor Zemen seconded. Upon a roll call vote, there

    were five affirmatives and no negatives. The motion passed. The motion was adopted.

    7. Works Board Order No. 2007-16: An Order of the Works Board Declaring a list of surplus

    property excess to the needs of the municipality and authorizing its disposal at a public

    auction, all pursuant to IC 5-22-22 et seq. Councilor Zemen moved the passage and

    adoption of the Works Board Order. Councilor Herak seconded. Upon a roll call vote there

    were five affirmatives and no negatives. The motion passed. The order was adopted.

    THE TOWN of HIGHLAND BOARD of WORKS ORDER NO. 2007-16

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