Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA January 16, 2013 Call to Order – Moment of Silence: Mayor Snedecor called the meeting to order at 4:05 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mayor Snedecor, Mr. Lain and Mr. Ehrhardt and Attorney DeBonis. Also present: Clerk-Treasurer Longer and Trish White, C-T Admin. Asst. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept and approve the Regular Meeting minutes of January 2, 2013 as presented. All aye, motion carried. (3-0) Correspondence: Mr. Snedecor stated that Police Officer Tambrini will be leaving HPD to take another opportunity with an IL Police Department and extended his best wishes. Approval of Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept and approve the claims lists and payroll claims lists as presented. All aye, motion carried. (3-0) Approval of Agenda: Mr. Snedecor requested the following additions to the agenda: Review of Fire Commission Action re: Lt. Slonaker; and Review of Conflict of Interest Disclosure for Shelia DeBonis. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the agenda with the additions. All aye, motion carried. (3-0) Unfinished Business: Continued: Order to Comply: Thomas Evans, re: 1230 Fleming St.: Mr. Evans, 8025 Ainsworth Rd was present. Mr. Hannigan stated that Mr. Evans is now in full compliance and recommends the Board remove this item from the agenda. Mr. Evans asked the Board to consider reducing his fine. Mr. Hannigan recommended a $200.00 fine remain in place. Mr. Ehrhardt stated he felt communication was the biggest problem but overall it was great progress. Mr. Lain stated he agreed that great progress has been made and asked if the property was now up for sale? Mr. Evans advised he does have a for sale sign up. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to reduce the fine to $200.00, to be paid in full by the end of the business day March 15, 2013 and to close this file. All aye, motion carried. (3-0) Continued: Order to Comply: Bob Berndt: re: Grand Blvd: Mr. Berndt was present. He stated that the ceiling is fixed and back soffit has been fixed. He now has a sump pump so the basement is dry. The furnace and the hot water heater both are not in working order. Mr. Snedecor read an email from Mr. Berndt’s son stating that the house is cleaned out, the basement is dry and a temporary stove heater has been established, mold inspections are being scheduled. The cluttering is continuing, weather has stopped the fence being installed, he and his sisters are looking into a long-term care plan for their Dad. Mr. Berndt has obtained a fill permit application from Mr. Lewis but has not completed it. Mr. Snedecor stated that at this time he has still not applied for a permit to install the fence. His property has the cattle and he is solely responsible for containing the cattle. Sergeant Gagliardi stated he got a letter from the Williamson’s attorney that stated they did not want the cattle on the property. They also returned all the grazing right check payments from 2012. Mr. Snedecor stated that this has been going on since the fall and he does not know what more the City can do to work with him on getting this accomplished. Motion Board of Works Minutes: Jan. 16, 2013 1 by Mr. Snedecor, seconded by Mr. Ehrhardt, to advise the legal department of the City to file an injunction in court against Mr. Berndt and the property in regards to containment of the livestock. All aye, motion carried. (3-0) New Business: Agreement for Grant of Access Easement: 3198 E. 83rd Place, Hobart: conveys and grants to: Tradewinds Services, Inc.: Jeff Ban, President and John Gold, the Executive Director of Tradewinds, were present. They have been to both the BZA and the Plan Commission and have prepared a draft easement for the City Legal Staff review. He is asking the Board to approve the access easement as they are looking to put in a new drive way. Mr. Snedecor stated it looks like it would be safer. Attorney DeBonis reviewed the document and provided a revised version that is acceptable to all parties. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the agreement for grant of access easement as presented by Attorney DeBonis. All aye, motion carried. (3-0) Review of Fire Commission action: Re: Mark Slonaker: Attorney DeBonis stated that under the Fire Civil Service Law which governs Hobart, the Fire Commission handles all disciplinary matters and has the authority to prepare eligibility list for promotion based on examinations but this body is the appointing authority and that law says if the commission has a disciplinary matter before it and conducts a hearing and decides on a sanction and a decision on the matter, that decision must be implemented by the Board and is binding. Lt. Slonaker was charged with violations of the rules and regulations of the Fire Department. He was represented by counsel and a hearing was held. The Commission deliberated and entered a decision along with Findings and Conclusions which has been provided this evening for your consideration to be confirmed and implemented. Attorney DeBonis further stated that he noted a small problem when he read the decision. He provided the Board a written Opinion 2013-01 re: Authority of Fire Civil Service Commission to Impose “Probation” as a Sanction in Disciplinary Matters. He stated that under the Civil Service law, the Fire Commission only has so many options when it’s faced with a disciplinary matter: remove from employment, demote, discharge or suspend. They reduced a proposed demotion to a suspension but also imposed a probationary measure implying the Fire Fighter would be subject to additional sanctions if he does something wrong in the future or it may also mean that this Fire Fighter would not be able to be promoted while on probation. Chief Taylor concurred with the possible implications as stated. Attorney DeBonis recommended the Board affirm the suspension and all of the Findings of Fact rendered by the Commission and make them effective immediately but that the Board specifically refrain from imposing any probationary provision upon Lt. Slonaker’s continuing status as a Lieutenant on the Hobart Fire Dept. The result would be that Lt. Slonaker would have a suspension of five (5) days without pay but would not be in probationary status. Motion by Mr. Snedecor, seconded by Mr. Lain to affirm and implement the suspension as recommended by the City Attorney. All aye, motion carried. (3-0) Review of Conflict of Interest Disclosure: Shelia DeBonis: Attorney DeBonis excused himself from any discussion of this item. A conflict of interest disclosure statement was presented for Shelia DeBonis who sits on the Redevelopment Commission. This is submitted annually. Her husband Anthony DeBonis is the City Attorney. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the disclosure statement as presented. All aye, motion carried. (3-0) Board of Works Minutes: Jan. 16, 2013 2 Signing of the Mylars: 4-lot subdivision for McDonalds, E. Ridge Road: Mr. Snedecor noted the Plan Commission approved this final plat unanimously and recommends approval, stating no bond is required as there is no public infrastructure involved. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the signing of the mylars as presented. All aye, motion carried. (3-0) Announcements: Megan German questioned why her brother, Kirk Homoky, is being paid as a police officer but has not been permitted to patrol and is working in the office and doing odd jobs throughout the building. Mr. Snedecor stated he cannot comment as this matter may come before the Board in the future. Mr. Homoky, Kirk Homoky’s father, stated he feels it is a waste of taxpayers’ money to have his son sitting behind a desk when he could be fighting crime. Mr. Snedcor stated he cannot comment as this matter may come before the Board in the future. Attorney DeBonis stated Mr. Homoky is the plaintiff in a case against the city and we cannot comment. Mr. Homoky asked why he is not able to carry his gun or badge. Mr. Snedecor stated this is a decision that was made by the police dept. Mr. Homoky stated that administration is no longer in charge. Attorney DeBonis stated whoever becomes Chief will decide. Mr. Snedecor asked if anyone wished to address the Board there was no response. Adjournment: Motion by Mr. Lain to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 4:53 p.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: Jan. 16, 2013 3