Town of Cedar Lake, Lake County, Indiana
Minutes of the Town Council

Pledge of Allegiance & Moment of Silence

The Pledge of Allegiance was recited and a moment of silence observed.

Roll Call

Agenda Amendment

Mr. Recupito solicited a motion to amend the agenda to add the advertisement for Park Board member under New Business. A motion was made by Chuck Becker with second by Richard Thiel.

Vote 5 – 0.

Public Comment

None

Consent Agenda

1. Minutes: March 3, 2026 and March 17, 2026
2. Claims: All Town Funds: $1,838,188.82; Wastewater Operating: $120,567.96; Water Utility: $82,542.92; Storm Water: $63,564.17; Payroll (06/18/26, 07/01/26, 07/02/26): $736,086.70

A motion to waive the reading of the minutes and approve the consent agenda as listed was made by Chuck Becker with second by Mary Joan Dickson.

Mr. Carnahan discussed the meeting minutes regarding the superintendent ordinance. He asked Jen if she received an ordinance. Ms. Sandberg stated no. Mr. Carnahan stated she does not have a signed copy. They never had an ordinance the night they passed that. Mr. Recupito stated they had a recommendation from the Park Board with a resolution. He stated he was not aware they did not have an ordinance. Ms. Sandberg stated they had a recommendation from the Park Board with an exhibit. There was never an ordinance. Mr. Recupito asked what do they need to do to get caught up on it. Ms. Sandberg stated they need somebody to draft an ordinance. She stated she does not know who was actually drafting the exhibit. She does not believe the original exhibit that was given with the recommendation in early March was what was discussed to be amended. Line 18 read differently from what was suggested in the motion. She stated she did not know who was drafting that. Mrs. Dickson asked Mr. Austgen if he created that. Mr. Austgen stated no. Mr. Carnahan stated Mr. Austgen needed to prepare an ordinance. Mr. Austgen stated the ordinance referenced was not drafted by him. There was confusion and discussion. You still had a Town Manager and discussion on who was handling what. There is a bit of confusion. Mr. Carnahan stated they need to direct him to draft an ordinance and then bring it before them for official adoption. Mr. Austgen stated yes. Mr. Recupito briefly discussed the amendments including line 18. Ms. Sandberg stated Line 18 was specifically referenced in the motion but she believes there were other changes from the original ordinance 1449 from 2023. Mrs. Dickson stated they will get it from Gayle Brannon. Mr. Austgen was directed to draft the ordinance.

Vote 5 – 0.

Ordinances / Resolutions

1. Resolution No. 1400 — A Transfer Resolution

Mr. Thiel read Resolution No. 1400 by title only. Ms. Sandberg explained the following transfers.

Mr. Carnahan asked about the unemployment and who it was for. Ms. Sandberg stated that would be for the secretary position.

A motion to approve Resolution No. 1400 was made by Chuck Becker with second by Richard Thiel.

Vote 5 – 0.

2. Resolution No. 1401 — Amending Fire Department Hiring & Training Reimbursement Agreement

Mr. Thiel read Resolution No. 1401 by title only. Mr. Recupito read a letter of recommendation from the Board of Safety. Chief Mager explained the title of paramedic was removed throughout the contract. Section Three made it non applicable to previously certified firefighter/paramedic and section four was an addition. In discussion with the attorney, they added verbiage in there to amend the dates of the past agreements with the passing of this resolution. Again, the word paramedic was deleted throughout. The other two changes were from a term of 60 months to 36 months and the amount went from $10,000 to $7,500. He stated he spoke with Clerk-Treasurer Sandberg at length with the edits as well as Attorney Austgen and they have the favorable recommendation from the Board of Safety.

Mr. Recupito asked Chief Mager why he took this initiative on. Chief Mager explained this was a big deterrent with the department to attract and retain people due to the terms. They learned during interviews with the Board of Safety, part of the $10,000 was geared towards PPE and the Town has to provide PPE. That was the $3,500 deleted from the $10,000. With the 36 months, once hired an individual is on probation for one year. In the second year, if they are ready, they are sent to paramedic school. It takes a year to complete that. They are on the road for a year. Mr. Carnahan discussed a typo. Mr. Recupito thanked everyone for their work on this item.

A motion to approve Resolution No. 1401 was made by Robert Carnahan with second by Chuck Becker.

Vote 5 – 0.

3. Resolution No. 1402 — A Resolution of the Cedar Lake Town Council Authorizing and Approving the Disposal of Town Owned Real Estate located at 14525 Bell Street in the Town of Cedar Lake, Lake County, Indiana

Mr. Thiel read Resolution No. 1402 by title only. Mr. Austgen explained under the provisions of Indiana Code 36-1-11, they have advertised the notice of the availability of the parcel to be purchased. The Town is no longer in need of the property. Mr. Austgen stated he saw Mr. Kubiak take the building down on the property. Mr. Recupito stated this resolution is to trigger the process to sell the property. Mr. Austgen stated that is correct.

A motion to approve Resolution No. 1402 was made by Chuck Becker with second by Richard Thiel.

Vote 5 – 0.

BZA / Plan

1. Acceptance of Performance Letter of Credit Extension for Cedar Lake Storage LLC, in the Amount of $7,700 to Expire on August 1, 2026

A motion to approve was made by Chuck Becker with second by Robert Carnahan.

Vote 5 – 0.

Agenda Amendment — W. 127th Avenue Parcel

A motion to amend the agenda to add W. 127th Ave Parcel under New Business was made by Chuck Becker with second by Richard Thiel.

Vote 5 – 0.

New Business

1. Park Board Advertisement

Mrs. Dickson stated they would like to see applications through July 31st. It is a democratic seat. That would give time to review and appoint before the August meeting. This follows the resignation of David Jostes.

A motion to approve was made by Mary Joan Dickson with second by Richard Thiel.

Vote 5 – 0.

Mr. Recupito allowed public comment on agenda items added. None received.

2. W. 127th Avenue Parcel Sale

Mr. Austgen stated this is the end result of the process of noticing sale/disposal of Town owned property. The advertisement occurred, notice was issued and published, and they received one bid. He stated he should open the bid tonight. They do not need to act on it tonight but they need to open it. Mr. Recupito identified the bidder as Sherryl Reeves and the bid amount is $41,374.00. Mr. Austgen recommended they take it under advisement. Discussion continued on the check amount. Ms. Sandberg stated the check is only for the 10% surety. It will be taken under advisement and discussed at a future meeting.

No vote taken; item taken under advisement.

3. Utopia Sidewalks Balancing Change Order #1

Mr. Kubiak stated everything was done as submitted. There was some stone needed for subgrade along the sidewalks. That was part of it. Ms. Sandberg stated that was not part of the change order. It is just for final field measurements. It is a decrease of $582.10. Mr. Recupito stated the new price is $93,423.90.

A motion to approve was made by Mary Joan Dickson with second by Robert Carnahan.

Vote 5 – 0.

4. Utopia Sidewalks Pay Application #1

Ms. Sandberg reported this is the first and final pay application. The project is done. The amount matches the contract price as stated with the change order.

A motion to approve was made by Robert Carnahan with second by Mary Joan Dickson.

Vote 5 – 0.

5. Innkeepers Distribution to Previously Approved Organizations

Ms. Sandberg stated they received the innkeeper's distribution of $4,725 and previously they approved three organizations with the amount to be determined. They need to tell her what those amounts are. Mr. Recupito asked who it was. Ms. Sandberg stated the Knights of Columbus, Cedar Lake Summerfest, and Cedar Lake Historical Association. Mrs. Dickson recommended they give $1,000 each and see if anyone else needs funds. She asked if they had to spend it all tonight. Ms. Sandberg stated it is completely up to them. At one point they did discuss formalizing the process next year. That way they do not have them coming in all over the place. Make it a clean process. Mr. Recupito asked what they need to do to get that put in place. Mrs. Dickson discussed creating an application. Ms. Sandberg stated she would add it to the to do list. Mrs. Dickson stated there are some applications she can share from other communities. Mr. Carnahan stated he has a concern with Airbnb's in Town and payment of the innkeeper's tax. Mrs. Dickson stated earlier this year they suggested those individuals get a business permit. That ordinance did not go far. It needs to be revisited. This way they have an idea of how many Airbnb's there are. Discussion continued on the funds available and future use of the funds.

A motion to approve $1,000 each to the Cedar Lake Historical Association, Knights of Columbus, and Cedar Lake Summerfest was made by Chuck Becker with second by Richard Thiel.

Vote 5 – 0.

6. Acceptance of Crowe LLP Services Agreement

Ms. Sandberg stated this is an engagement agreement for financial and municipal advisory services. Attachment A lists the potential services. Specifically, she asked for help with revenue estimates for the budget and future years as there are many changes with property and income taxes. A brief discussion continued on the proposal.

A motion to accept the agreement was made by Richard Thiel with second by Chuck Becker.

Vote 5 – 0.

7. Approval of Concrete Flatwork for the Cedar Lake Historical Association

Julie Zasada explained they are bringing today the last piece of flatwork for the Taylor Ice Truck. This is more of a decorative stamped border. They are going to place a border along the sidewalk. It will be a small patio with decorative signs. More of a placemaking space. Mr. Recupito asked about the grant received. Mrs. Zasada stated it is part of the grant received by the Indiana Historical Society. It is fully paid for. Mr. Kubiak stated it is an addition to the original approval.

A motion to approve was made by Chuck Becker with second by Robert Carnahan.

Vote 5 – 0.

8. Consideration of Building Permit Fees Waived for the Cedar Lake Historical Association Concrete Flatwork

A motion to approve was made by Chuck Becker with second by Richard Thiel.

Mrs. Dickson asked if they are waiving it because it is located on the Town grounds or is a non-profit. Mr. Kubiak stated yes. Mrs. Dickson asked for clarity. She pointed out the American Legion paid for three permits within the last few years. Mr. Kubiak stated it is because it is on their property.

Vote 5 – 0.

Discussion / Update

1. Heart and Soul

Mrs. Zasada reported they launched this grant funded project through the Legacy Foundation about 18 months ago. There are four phases. They are at the end of the phase two. The community statements are available. They are the culmination of the past 18 months. They were asked what matters most, what they love about Cedar Lake, and what their dreams are for the future. Themes have started to emerge. After these were vetted with the community, they have statements to be adopted on behalf of the community. These are guiding statements for the next phase. They will now move into action items. They will rank them and figure out how to move forward. They will have four input session for this phase. They will receive the action items, list them, put them under the statements and rank them. They will be working to organize it all for the fourth phase. Meetings will start in August. She will submit letters for the next meeting. Heart and Soul has a matching requirement. Last year, they requested $2,000. They are asking for that again out of the promotion line. She discussed quick wins or small projects. The two they did already were a small exhibit in the museum for Heart and Soul as well as cedarlakeheart.org was hired out and they hope for it to last into perpetuity. It will have all the Heart and Soul information. They have been invited by the Crown Point Community Foundation to move into Phase Two for the million dollars. They want to use the community heart and soul action items to form the basis of the grant item. They want to request someone from Town Council, Parks, and Park Foundation to finalize the application and see about getting action items funded. Mr. Recupito asked if they are working on getting this information to the organization helping with the comprehensive plan. Mrs. Zasada stated yes. It will fit in with the placemaking. A brief discussion continued.

2. Food Truck License

Mrs. Dickson stated they have it being submitted by the Town Manager's office. She asked about who would be enforcing it. Mr. Recupito stated that was a question from the last time. Mrs. Dickson discussed overnight uses. Mr. Carnahan asked if any food trucks in the community have had an opportunity to look at it and discuss. Mr. Thiel agreed he would rather not have any overnight. Mr. Kubiak thinks it should go before the Plan Commission work session to hash out the items they are discussion. This way it is clarified. Mr. Thiel asked about renewals and if they would go back each year. Mrs. Dickson asked if he meant for Plan Commission to approve them. Mr. Kubiak stated the ordinance. Mr. Carnahan asked who would enforce it. Discussion continued on enforcement. Mr. Thiel asked about the amounts per license. Mrs. Dickson stated each of the fees are different. They are not adding up. She discussed clarifying it.

Mrs. Dickson made a motion to pass it on to the Plan Commission with enforcement handled by the Police Department. A second was made by Mr. Thiel.

Mr. Thiel stated communication with the Plan Commission before it ends up on their agenda. A lengthy discussion continued.

Vote 5 – 0.

3. Sewer System Development Charge

Mrs. Haase asked if David's office had a chance to review what she had sent regarding the proposed changes to an ordinance. Mr. Austgen stated he reviewed the proposed changes for an amendment to the existing ordinance. There are some clarifications needed. He has been working with Sue on it. Mrs. Haase stated she took the old ordinance. It recalculates the charge. They made a change to meter size from meter line. For those few on a well, they have specifically put in that when the building permit is applied for, the system development charge for the customer will be based on the gallons per minute for the well pump. The equivalent calculation is based on a 5/8" meter and is $275 per GPM. Under no circumstance, will a system development charge be less than a 5/8" meter of $5,500. That is self-explanatory to a new customer coming on to the sewer system. This charge is not for existing customers. Mr. Recupito asked what they thought the average charge would be for a private well. Mr. Kubiak stated $5,500. A lengthy discussion continued on the charge calculated for a private well. Mrs. Haase discussed the timeline for approval. She stated she would get with David to discuss the schedule of meetings.

Reports

1. Town Council

Mr. Carnahan reported Project Love Food Pantry is open tomorrow from 9:00–11:30 AM. They purchased a new freezer. They will be collecting canned goods at the Farmers Market tomorrow. The volunteer, Kelly, will give the food pantry a free space at all future markets. Mrs. Dickson suggested they meet Tuesday, July 28th for the comprehensive plan. She is suggesting 6:30 PM. Mr. Recupito stated they have to follow up with Sam. Mrs. Dickson stated they will get the information out as soon as possible. Mr. Thiel was contacted by Mr. Kubiak about Muir Woods and a revision. Instead of doing what they agreed on, now a structure and pipe will be put in. Mr. Kubiak stated they attempted to put it in once and it washed out. They have come to the conclusion they will put in most of the original plan which is to build a structure with a pipe. Luke is good with the change. Mr. Thiel stated all the parties are in agreement. They wanted to have the discussion tonight since it is a deviation from Revision Four. Mr. Carnahan asked if they should make a motion. Mr. Austgen stated they should. Mr. Thiel asked if they should call it Revision Five. A brief discussion continued.

A motion to approve the storm water plan revision for Muir Woods from June 30th was made by Richard Thiel with second by Chuck Becker.

Mr. Carnahan asked about public comment. Mr. Recupito gave the opportunity. No public comment was made.

Vote 5 – 0.

2. Town Attorney

No report.

3. Clerk-Treasurer

Clerk-Treasurer Sandberg reported she will be out of the office next week at the Indiana League of Municipal Clerks and Treasurers Annual Conference. It is also a State Board of Accounts called meeting and attendance is required.

Written Communication

None

Public Comment

Teri Cox — 8505 W. 139th Avenue

Teri Cox, 8505 W 139th Avenue, asked questions about a new home being built at 8421 W 139th Avenue, M2 Land Group LLC. It is their understanding that the home at the corner of 139th and Huseman Street was approved for a certain style, location, and placement per the BZA on April 9th. She stated the way the property is currently being built is flipped around. It is a foul of what was approved. Mrs. Cox voiced concerns with significant ramifications through the lack of drainage and proximity to the lack of storm sewers on Huseman Place. She voiced concerns for safety of the approximate 100 homeowners in the area as the only way they have to access the lakefront is on 139th Avenue. Mrs. Cox stated in reviewing the public record, they cannot find where the Town Council, who may have reviewed the BZA's decision, subsequently modified it. She voiced concerns with the significant change and asked why it did not return to the BZA. She stated this has significant ramifications for an already congested area. She voiced concerns with the storm sewer, fire access, and safety for people going to and from the lake. She asked if there was some portion of the public record that is missing from the approval.

Mr. Recupito asked if she wanted an answer of if she had more. Mrs. Cox stated she is asking if he would know. Mr. Recupito stated if it was a developmental variance, it would not have come to the Town Council. Mrs. Cox asked how did it get approved and why did it not get returned to the BZA. Mr. Recupito asked Mr. Kubiak if he had any information. Mr. Recupito stated use variances are a recommendation from the BZA to the Town Council. If this did not get a use variance and it was only developmental, they did not have their hands on it. Mr. Thiel stated it was for setbacks. Mr. Kubiak stated it came to the BZA for setbacks for a variance. It came with five-foot setbacks. It was turned back to make an adjustment. They came back with twenty-five-foot in the front yard, twenty-five-foot in the side yard, and twenty-five-foot in the rear yard. During the presentation the drawing he showed had the driveway on Huseman on the south side of the house. When he turned in the site plan to build the house and got the permit, the driveway is on the north side of the house going out onto 139th. The setbacks are still what were approved by the variance. Mr. Kubiak noted the positioning of the house is exactly the same as approved but the driveway goes out to 139th versus Huseman.

Mr. Thiel stated this is something Mr. Kubiak brought to his attention. He called Mary Joan and Chuck as being Council Affairs. They asked Tim to go over there to do a stop work order until they could come up with a conclusion after watching the meeting and reviewing minutes and applications. All the setbacks were met with what they applied for. The front of the house is still on Huseman Street. However, the driveway goes north now. Everything still falls within the setbacks that were approved in the meeting. Someone from the audience stated not the driveway. Mr. Thiel stated there was no approval for the driveway going either direction. The audience member stated it was in the plan. Mr. Recupito asked about review. Mr. Thiel stated they did. They reviewed the meeting. The petitioner applied for setbacks. The house falls within setbacks.

Becky Davis — 8504 W. 139th Avenue

Becky Davis, 8504 W 139th Avenue, stated she spoke at that meeting. The BZA said they would not put the driveway on 139th. Mrs. Cox offered to play the video for them. Mr. Thiel stated he watched it. He talked with the rest of Council Affairs. The application was for setbacks. Mrs. Davis stated they asked the BZA about the driveway. They said there will be no driveway on 139th Avenue. It was their words. She stated Mr. Thiel needed to review it again because those words are on that video. She insisted there was no driveway on 139th Avenue. She stated it takes five parking spots.

Mrs. Cox voiced concerns with congestion as that is right at the corner of 139th and Huseman Street. She stated that is the only access to the lakefront for 100 homeowners. She stated the roof line is slanted different and that is part of what is going to cause the three homes behind it to flood. The way the roof was positioned in the first drawing, it would have been going down to 139th and that has storm sewers. There are no storm sewers on Huseman Place. Mr. Thiel asked Mr. Kubiak if everything was reviewed through the Building Department and everything with drainage through the engineers. Mr. Kubiak stated yes, the engineer reviewed the site plan as submitted. It was good. Mrs. Cox asked which site plan. Mr. Kubiak stated the official building site plan that was submitted to build the house. The drawing that was at the BZA was a sketch of the house. It was not officially a site plan. The setbacks are exactly what were approved. Mr. Recupito stated he understands that. Mr. Kubiak stated there is nothing stopping anybody from having a driveway on 139th. Mrs. Davis stated the BZA said no. Mr. Recupito asked anyone who wanted to speak to please come up and give their name and address for the record.

Lynn Conroy — 13908 Huseman

Lynn Conroy, 13908 Huseman, stated she is right behind the house being built. She stated her main concern is the drainage. The roof is now coming towards her house. At the BZA meeting, the pitch was brought up. Mike Dolder said it was about two-feet pitch. Mrs. Conroy stated it is more like six to eight feet pitch towards her house. During all the storms she gets a ton of water in her driveway. She stated silk worms are up. She asked what happens when those are removed. She asked who approved and looked at that drainage. Mr. Kubiak stated the Town engineer. Mrs. Conroy asked if he approved that. Mr. Kubiak stated he approved the site plan, correct. He stated it is under construction so it is not complete. Mrs. Conroy stated she wished her husband was present. She stated he did this for a living. She stated he voiced concerns regarding the roof and it all coming towards their house. She voiced concerns with the approvals of those being built around them. She voiced concerns with all of the water. She asked for someone to make sure they are not flooding. Mr. Recupito asked if there are gutters on the house. Mrs. Conroy stated her husband wants to know where their drain is. They are probably going to put drain tile down in the basement. She asked where is that going to go to. She stated everything needs to be answered.

Mr. Carnahan stated Luke looked at the site plan. He wondered if what they are building is the same as what the site plan shows. Mr. Kubiak stated that is when the as-built comes in. Mrs. Conroy stated it is not. Before they had the drainage going the right way where there are sewers. Now it is pitched towards them with no sewers. Mr. Kubiak stated the site plan that was turned in for the building permit is exactly the way the house is being built. Mrs. Conroy stated no, it is turned. Mr. Kubiak repeated that the site plan that was turned in for the house building permit, is an engineered site plan. It is built exactly how he turned in the site plan to build it. Mrs. Davis stated that was not what they were given. Mrs. Conroy voiced concerns with a neighbor having to pump out his basement during the rain and putting dirt in his backyard to build it up. Mr. Recupito stated they have valid questions. He asked them to get information over to Tim. Multiple people yelled out that he has it. Mr. Recupito stated he does not. He asked for order. He stated if someone wants to speak, they need to come up to the podium.

Mrs. Conroy stated she does not care how he builds the house. He has every right. The house he built in front with them. It was only supposed to be 25-feet high. She claimed it was bigger. She stated they are tired of things going through and no considerations. She voiced concerns with her driveway being used by contractors on the house. She stated he communicated with him and it has stopped. She stated it is a tight area. The water is a huge thing. The roof pitch is a big thing. She voiced concerns with the water coming to them. Mr. Recupito stated if they want to know plans and where water is directed, they would have to get them from the Building Department. Mrs. Conroy stated they have them. The first plans were fine and they were changed.

Nancy Sullivan — 13914 Huseman Street

Nancy Sullivan, 13914 Huseman Street, stated the plans that were submitted, the garage should have been on the south side of the house. The entrance on the south side of the house. The plans submitted were flipped and the garage is on the north end of the house. The driveway now comes out onto 139th Street. That is the entrance from Lauerman to get to the lake access. That includes 105 properties in the neighborhood and nine lake view homes. She voiced concerns with them taking up another 25-five foot of driveway to allow no parking. It is only 20-feet after that to turn onto Huseman Place. She voiced concerns with one car parking there and the congestion. Mrs. Sullivan stated was approved is not being built. She discussed inspections and the house being flipped. Mr. Recupito stated he watched the meeting. He does not recall verbatim. There was an approval given. He asked if there was a contingency in the motion regarding the driveway and it had to be a certain rotation. Mrs. Sullivan stated yes. Mrs. Conroy stated it did. They all left happy. Mrs. Cox played a video for Mr. Recupito. Mr. Recupito asked if it was in a motion. Mrs. Conroy stated it was. The video from the Board of Zoning Appeals was played during this time for Mr. Recupito. Mr. Recupito again asked about the motion. The minutes were displayed on the main meeting screen so they could see the motion made.

Mr. Recupito read the Board of Zoning Appeals motion as follows:

Motion to approve 2026-04 (2M Land Group, LLC / Dolder) developmental variance to build a new home on a corner lot with a lot size of 9,167 sq. ft., front width of 87.5 feet on Huseman Street and 103 feet on 139th Avenue, and setbacks of 25 feet on all applicable sides, with a two-story home of 2,092 sq. ft. footprint and attached garage exceeding 400 sq. ft., consistent with the revised site plan submitted, and contingent upon confirmation of legals, and to the Findings of Fact made by Mr. Burnham; seconded by Mr. Swick.

Mr. Recupito stated it does not state clearly in the motion where the driveway would be. There is mention of consistency with the revised site plan submitted. Mrs. Sullivan stated when they called on it with the BZA, they said that they did not approve it but the board overturned it and approved it. Mr. Recupito stated that is false. Mr. Recupito asked what they are doing about it. They have concerns with the project. It meets all the setbacks. But representations were made during the BZA meeting. Mr. Kubiak stated he put a stop work order on it due to the conflict. The Building Department reviewed the approval with the setbacks and approved site plan that was turned it. The petitioner turned in an engineered site plan with the driveway going out to 139th. Mr. Kubiak agreed it was different then what was brought to the BZA. He brought in an engineered site plan with the driveway going to 139th with the 25-foot setbacks as was approved by the variance. The guys gave a permit. Someone called about the driveway. He pulled everything out to look into it. He put the stop work order on it. Originally, he turned in for 5-foot setbacks off of Huseman and 139th. It went from 5-feet to 25-feet. That is the revised submission. Mr. Thiel asked for Cliff to scroll to the application and what it was submitted for. Mr. Recupito stated the revised site plan was approved by the Board of Zoning Appeals. Mr. Kubiak stated it referred to the revised site plan but the revision was from 5-feet to 25-feet. They are correct. At the meeting someone asked if the driveway would come out and he said no. Mr. Recupito discussed representations made at the meeting. The guys made the decision based off of what was presented. What was presented changed. He understands it meets setbacks but it got changed.

Mrs. Conroy continued to voice concerns with the plan. Mr. Kubiak stated the site plan turned in with the permit is exactly what the engineer reviewed. Mrs. Conroy stated no. It went a different way. Mrs. Dickson asked Mrs. Conroy to listen to what he is saying. The site plan that is there today, that is what the engineer approved. Mrs. Sullivan stated it is not because it flipped. Mrs. Conroy continued to voice concerns. Mr. Recupito asked Mr. Austgen for his opinion. Mr. Austgen stated the red tag put on the property is proper. It will give time to assess. Until that is done. Mr. Thiel stated it was done last week. Mr. Austgen stated the red tag needs to go back on. The Town engineer needs to review the permit and application and tell them what is different, if anything. Until they know that, he knows they are upset, but they are not to where they can make a decision. Mr. Thiel explained review by himself, Mary Joan, and Chuck. They looked at what was reviewed by Luke, which was the site plan brought in to get the permit. They saw setbacks and what was reviewed. Everything fit within the setbacks. Tim could tell them to remove it and they could continue with building. Mr. Austgen stated that makes sense. Mr. Becker stated they were there for the setbacks. That was the reason they went to the BZA. Mrs. Conroy stated no. It was for the flooding and the way the water would flow. Mr. Recupito stated technically they came in for setbacks. Mr. Recupito asked about their action plan. Mr. Austgen stated the red tag needs to go back on. The engineer needs to assess it. Mrs. Conroy voiced concerns with her house flooding and who she holds responsible. Someone in the audience continued to voice concerns with kids on bicycles. Mr. Austgen stated he was at the same meeting. That was not talked about. Multiple conversations continued to overlap. Mr. Kubiak stated the engineer has reviewed it. Exactly how it is on the lot. It has been done. He stated he gave all of them the information. He gets the concern and technically the setbacks are achieved. Multiple conversations continued to overlap. Mr. Austgen discussed having the engineer review. Mr. Recupito asked for engineer review and getting answers on the water and roof issues brought up. Mr. Kubiak stated he would have him review it a second time. Mrs. Cox asked if she could meet with the engineer when he comes out. Mr. Recupito asked if that could be arranged. Mr. Kubiak stated yes. Discussion continued on the matter and concerns brought forward. Members of the public continued to yell out concerns and questions from the audience.

Carol Kerr — 9900 W. 129th Place

Carol Kerr, 9900 W. 129th Place, stated the women are brilliant. They did their homework. She asked if who is responsible. Mr. Recupito asked responsible for what. Mrs. Kerr discussed the zoning. Mr. Recupito stated they are just finding out about this. It is not the end of the road. Mrs. Kerr voiced concerns with things going through and not being watched. She asked Mr. Recupito again about responsibility. Mr. Recupito stated he was not going to answer. He does not know that anything was done wrong. Mrs. Kerr continued to voice concerns. Mr. Thiel stated it was built as the permit was applied for. Mrs. Kerr stated that was wrong. Multiple conversations overlapped.

Dan Mitchell — 12534 Tall Oaks Drive

Dan Mitchell, 12534 Tall Oaks Drive, stated last time he was here he asked about August Oaks and if his street was on the schedule to get repaved. Mr. Carnahan stated it was not on the priority list. He discussed roads on the east side that are mud and dirt. Mr. Mitchell asked about the AI and who was getting fired. That salary would go to the town for something else. Mr. Mitchell stated someone is not doing their job. Mr. Thiel stated that is not the reason it was purchased. It was purchased to help expedite permits. Mr. Mitchell again voiced the opinion that someone is not doing their job. He voiced concerns with the way things are ran. He stated the Building Commissioner should not have a development company in town. He asked if they have thought about getting a mayor. Mr. Carnahan stated it is up to the citizens if they become a city. Mr. Mitchell continued to voice concerns.

Adjournment

President Recupito called the meeting to adjournment at approximately 8:40 PM.