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Minutes of a joint meeting of the town council, economic development commission, and the redevelopment commission


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TOWN OF MUNSTER

MINUTES OF A JOINT MEETING OF THE TOWN COUNCIL, ECONOMIC DEVELOPMENT COMMISSION, AND THE REDEVELOPMENT COMMISSION

JULY 25, 2011

A joint meeting of the Munster Town Council, Munster Economic Development Commission, and Munster Redevelopment Commission reconvened at 7:00 p.m. on July 25, 2011, at the Munster Town Hall. Town Councilors and Redevelopment Commissioners John W. Edington, Robert H. Mangus, and David B. Nellans were present; Andy Koultourides and Michael Mellon were absent. Commissioner Judy Florczak was present. Mr. Mangus presided over the Town Council and Redevelopment Commission. Economic Development Commissioners Marion G. “Red” Fulte, David R. Schneider, and Richard A. Sopko were present. Commissioner Sopko presided over the Economic Development Commission. Also present were Clerk-Treasurer David F. Shafer, Accounting Supervisor Patricia L. Abbott, Town Attorney Eugene M. Feingold, Assistant to the Town Manager Clay T. Johnson, Financial Advisor Todd Samuelson of Umbaugh, and Mitchell Simborg, President of Simborg Development, Inc. The news media were represented by Lu Ann Franklin of The Times.


President Mangus opened the meeting.

ECONOMIC DEVELOPMENT COMMISSION

President Sopko reconvened the July 11, 2011, meeting of the Economic Development Commission.


APPROVAL OF MINUTES
Commissioner Schneider moved, with a second by Commissioner Fulte, to approve the minutes of the July 11, 2011 meeting. Motion carried viva voce.
PUBLIC HEARING: LAKE BUSINESS CENTER FINANCING AGREEMENT
President Sopko reconvened the public hearing from July 11, 2011 by opening the floor for the purpose of receiving public comment on the proposed Lake Business Center Financing Agreement.
Mr. Joseph Uzubell, 327 Salisbury Drive, asked whether the TIF bonds will be offered at 6.25% and how the average citizen can purchase some of the bonds. Mr. Todd A. Samuelson (of the Plymouth, Indiana, office of the accounting firm Umbaugh) replied that the interest rate has not been determined but will be as a result of the private sale in the first week of August. Mr. Samuelson further stated the underwriter William Blair will determine if any bonds are to be sold to individual investors. Citizens interested in purchasing the bonds were instructed to provide their contact information to Clerk-Treasurer Shafer who will forward same to William Blair.
There being no one else desiring to speak, President Sopko closed the Economic Development Commission’s public hearing.
At President Sopko’s request, Mr. Samuelson gave a summary of the financial report. The bonds to be issued are in an estimated amount of $19,720,000.00 for twenty years at an interest rate to be determined at the time of the private sale. The bonds are secured solely by TIF revenues. The bonds will maintain a minimum of 200% coverage meaning the TIF revenue stream must be at least twice the debt service obligation. Current estimates, which do not include this project, estimate annual TIF revenues at $570,000.00.
Mr. Feingold then explained the legal process stating the Economic Development Commission must adopt the Project Report and resolution recommending the issuance of the bonds and the Town Council must adopt an ordinance.

ADOPTION OF THE PROJECT REPORT
The PROJECT REPORT OF THE TOWN OF MUNSTER ECONOMIC DEVELOPMENT COMMISSION CONCERNING THE PROPOSED FINANCING OF ECONOMIC DEVELOPMENT FACILITIES FOR THE BENEFIT OF MUNSTER DEVELOPMENT, LLC AND LAKE BUSINESS CENTER, INC. was presented to the Commission for consideration. The facilities are located at 9200 Calumet Avenue and include acquisition of land, demolition of part of the south warehouse, exterior façade renovations, improvements to the south office building, exterior parking and circulations roads, new environmental system, renovation of a building for manufacturing and/or warehousing use, capital projects of the Town and related financing costs. The total aggregate cost of the Project is not to exceed $19,720,000. The report also provides employment impact as a result of the Project.
Commissioner Fulte moved, with a second by Commissioner Schneider, to adopt the Project Report as presented. Commissioners Fulte, Schneider, and Sopko voted in favor; none voted against. The motion carried.
RESOLUTION 11-001: FINAL ACTION RESOLUTION
Proposed RESOLUTION 11-001 has been drafted to approve the forms of the Financing Agreement, Trust Indenture, and Bond Purchase Agreement. The Project as approved supra will be financed through the issuance and sale of economic development revenue bonds in an amount not to exceed $19,720,000.00.
Commissioner Schneider moved, with a second by Commissioner Fulte, to adopt Resolution 11-001 as presented. Commissioners Fulte, Schneider, and Sopko voted in favor; none voted against. The motion carried.

REDEVELOPMENT COMMISSION
RESOLUTION 017: TIF PLEDGE RESOLUTION
Proposed RESOLUTION 017 is a RESOLUTION OF THE MUNSTER REDEVELOPMENT COMMISSION PLEDGING TIF REVENUES. Mr. Samuelson explained that as part of the Financing Agreement, TIF revenues must be pledged to the repayment of the proposed economic development revenue bonds and the replenishment of the reserve fund. The bonds will be on parity with the 2010 bonds.
Commissioner Nellans moved, with at second by Commissioner Edington, to adopt Resolution 017 as presented. Commissioners Edington, Nellans, and Mangus voted in favor; none voted against. The motion carried and the resolution was adopted.
CONSENT AGENDA
APPROVAL OF MINUTES
Approval of minutes of the meeting held on July 11, 2011

Approval of minutes of the meeting held on May 10, 2010


ACCOUNTS PAYABLE VOUCHER REGISTERS
Confirmation of Voucher Register #1-6J dated 06/21/10 totaling $204.64

Confirmation of Voucher Register #1-7C dated 07/12/10 totaling $166.51

Confirmation of Voucher Register #1-7D dated 07/21/10 totaling $1,326.22

Confirmation of Voucher Register #1-7E dated 07/25/10 totaling $2,750.00

Approval of Voucher Register #1-7F dated 07/25/10 totaling $47,726.63
Commissioner Edington moved, with a second by Commissioner Nellans, to suspend the rules, waive the readings and approve the Consent Agenda as presented. Commissioners Edington, Nellans, and Mangus voted in favor; none voted against. The motion carried.
GENERAL ORDERS
REQUEST FROM SCHOOL TOWN OF MUNSTER FOR TIF FUNDING
This matter was discussed at the meetings of May 23, 2011 and July 11, 2011. Since that time, Staff has requested the opinion of Ice Miller as to the legality of using TIF revenues for 50% of the cost of computer infrastructure improvements at the School Town of Munster. Mr. Feingold read a letter from Ice Miller stating that the Munster Redevelopment Commission and the School Town of Munster can enter into an interlocal agreement for the project, but it is not required. However, both sides must adopt nearly identical resolutions for the project to move forward.
Commissioner Nellans moved, with a second by Commissioner Edington, to direct Staff to prepare the necessary resolution. Motion carried viva voce.

ADJOURNMENT
There being no further business to come before the Redevelopment Commission, Commissioner Edington moved, with a second by Commissioner Nellans to adjourn at 7:25 p.m. Motion carried viva voce.

_______________________________________________

Robert H. Mangus, President
ATTEST:

__________________________________________

David F. Shafer, Executive Secretary

TOWN COUNCIL
ORDINANCE 1528: 2011 ECONOMIC DEVELOPMENT BONDS
Proposed ORDINANCE 1528 is an ORDINANCE AUTHORIZING THE TOWN OF MUNSTER, INDIANA TO ISSUE ITS “ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 (LAKE BUSINESS CENTER REDEVELOPMENT PROJECT)” AND APPROVING OTHER ACTIONS IN RESPECT THERETO. Mr. Samuelson summarized the ordinance which authorizes the issuance and sale of the bonds as well as approving the Financing and Covenant Agreement, the Bond Purchase Agreement, the Continuing Disclosure Agreement, the Trust Indenture, and all other required documents.
Councilor Edington moved, with a second by Councilor Nellans, to suspend the rules, waive the readings, and adopt Ordinance 1528 on first reading as presented. Councilors Edington, Nellans, and Mangus voted in favor; none voted against. Motion carried and Ordinance 1528 was adopted.
There being no further business to come before the Economic Development Commission, and upon a motion by Commissioner Fulte, seconded by Commissioner Schneider, the Economic Development Commission meeting was adjourned at 7:32 p.m.

_______________________________________________

Richard A. Sopko, President

ATTEST:


__________________________________________

Marion G. Fulte, Secretary

At 7:33 p.m., Town Council President Mangus excused the other bodies from the joint meeting and called for a five-minute recess of the Town Council.
REGULAR MEETING OF THE TOWN COUNCIL
The regular meeting of the Munster Town Council was called to order at 7:42 p.m. Those in attendance were Town Councilors John W. Edington, Robert H. Mangus, and David B. Nellans. Also present were Clerk-Treasurer David F. Shafer, Accounting Supervisor Patricia L. Abbott, Town Attorney Eugene M. Feingold, and Assistant to the Town Manager Clay T. Johnson. The news media were represented by Lu Ann Franklin of The Times.

OPEN TO THE PUBLIC



Mr. Joseph Uzubell, 327 Salisbury Drive, asked about the proposed conservancy district.
Ms. Beatrice Hanusin, 1835 Azalea Drive, asked what the next step will be for the conservancy district after the work-study session scheduled for August 1, 2011 with Lake County Surveyor George Van Til. It was explained that the Town Council will discuss it and take appropriate action at a subsequent meeting when it is known what exactly is being proposed.
Mr. Robert Leary, 1433 Park Drive, asked if Munster Steel is being acquired by the Town in order to provide additional parking at Centennial Park. It is not.
There being no one else requesting to speak, the floor was closed.
CONSENT AGENDA
APPROVAL OF MINUTES
Approval of minutes of the meeting held on July 11, 2011
ACCOUNTS PAYABLE VOUCHER REGISTERS
Confirmation of Voucher Register #11-6N dated 06/21/11 totaling $262.28

Confirmation of Voucher Register #11-7E dated 07/12/11 totaling $213.37

Confirmation of Voucher Register #11-7F dated 07/14/11 totaling $188,164.58

Confirmation of Voucher Register #11-7G dated 07/20/11 totaling $24,055.50

Confirmation of Voucher Register #11-7H dated 07/21/11 totaling $125,879.44

Confirmation of Voucher Register #11-7I dated 07/15/11 totaling $364,988.39

Approval of Voucher Register #11-7J dated 07/25/11 totaling $394,009.61

Approval of Voucher Register #11-7K dated 07/25/11 totaling $470.00


TREASURER’S REPORT
The June 2011 Treasurer’s Report was presented for acceptance.

Councilor Nellans moved, with a second by Councilor Edington, to suspend the rules, waive the readings, and approve the items on the Consent Agenda as presented. Councilors Edington, Nellans, and Mangus voted in favor of the motion; none voted against. The motion carried.



GENERAL ORDERS
ORDINANCE 1527: AMENDMENT #3 TO ORDINANCE 1510 – 2011 PAY PLAN
Proposed ORDINANCE 1527 is AN ORDINANCE AMENDING THE 2011 SALARY ORDINANCE 1510 TO PROVIDE FOR AN INCREASE IN THE MILEAGE REIMBURSEMENT RATE IN ACCORDANCE WITH A REVISED INTERNAL REVENUE SERVICE DETERMINATION. The State Board of Accounts allows reimbursement for use of a personal vehicle in the conduct of official business of a town or city if a reasonable rate per mile is fixed by ordinance or resolution of the legislative body. In accordance with the then-latest Internal Revenue Service determination, the 2011 salary ordinance (Ordinance 1510, adopted December 22, 2010) fixed the mileage reimbursement rate at 51 cents per mile for miles driven on official Town business during the year beginning January 1, 2011, and ending December 31, 2011.
On June 23, 2011, the Internal Revenue Service announced that the rate will increase to 55.5 cents/mile for all business miles driven from July 1, 2011, through December 31, 2011, an increase of 4.5 cents. Ordinance 1527 has been drafted to amend the 2011 salary ordinance and increase the Town’s mileage reimbursement rate to 55.5 cents/mile, in accordance with the IRS announcement. If adopted, retroactive adjustments will be made for any Town of Munster employee who was reimbursed at the 51-cent rate for miles driven on or after July 1, 2011.
Councilor Nellans moved, with a second by Councilor Edington, to suspend the rules, waive the readings, and adopt Ordinance 1527 on first reading as presented. Councilors Edington, Nellans, and Mangus voted in favor; none voted against. The motion carried and Ordinance 1527 was adopted on first reading as presented.
ORDINANCE 1529: MECHANICAL AND ELECTRICAL EQUIPMENT SCREENING
Proposed ORDINANCE 1529 is AN ORDINANCE AMENDING THE MUNSTER LAND DEVELOPMENT CODE SECTION 26-1208 AND 26-1284, TO INCLUDE ADDITIONAL SCREENING REQUIREMENTS FOR MECHANICAL AND ELECTRICAL EQUIPMENT. At its July 12, 2011 meeting, the Plan Commission voted unanimously to recommend modifying the Town Code to require all street-level equipment be screened from public view. In addition, it is recommended that developmental plan reviews include this screening requirement. Ordinance 1529 serves to codify what is currently being required.
Councilor Edington moved, with a second by Councilor Nellans, to suspend the rules, waive the readings, and adopt Ordinance 1529 on first reading as presented. Councilors Edington, Nellans, and Mangus voted in favor; none voted against. The motion carried and Ordinance 1529 was adopted on first reading as presented.
BID AWARD: SOUTH STREET STORM SEWER
On July 13, 2011, eight bids were received for the South Street Storm Sewer project. Initial review indicated that six of the bids are complete and proper. The bids were as follows.


Bidder

Amount













Gatlin

$ 67,595.00




Olthoff

$ 78,976.15

Incomplete

Hasse

$ 80,135.00




H & G

$ 90,191.00




deBoer Egolf

$ 93,000.00




Rex

$ 98,922.50




Gough

$ 99,412.50




Gariup

$119,700.00

Stated & Actual Amounts disagree

Staff is recommending awarding the bid to Gatlin Construction. Gatlin has completed several projects for the Town and have been a consistent good performer.


Councilor Nellans moved, with a second by Councilor Edington, to award the bid for the South Street Storm Sewer project in the amount of $67,595.00. Councilors Edington, Nellans, and Mangus voted in favor; none voted against.
REPORTS
FINANCIAL REPORTS
Clerk-Treasurer Shafer presented optional financial reports for informational purposes. Clerk-Treasurer Shafer commented on the POS software being used at Centennial Park and informed the Council that the June, 2011 property tax settlement will be available the next day.
ANNOUNCEMENTS

(Unless stated otherwise, all meetings of the Town Council begin at 7:00 p.m. at the Munster Town Hall.)


The Town Council will conduct a work-study session Monday, August 1, 2011. Lake County Surveyor George Van Til will be present to discuss the proposed conservancy district.
The Munster Police Department and Choice Community Council are hosting the 16th Annual National Night Out Against Crime on Tuesday, August 2, 2011 beginning at 5:00 p.m. at the Swimming Pool.
The Town Council will conduct a regular meeting Monday, August 8, 2011.
ADJOURNMENT
There being no further business to come before the Town Council, and upon a motion by Councilor Nellans, seconded by Councilor Edington, the meeting was adjourned at 7:58 p.m.

_______________________________________________

Robert H. Mangus, President
ATTEST:

__________________________________________



David F. Shafer, IAMC, MMC,

Clerk-Treasurer


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