Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA June 4, 2014 Call to Order – Moment of Silence: Mayor Snedecor called the meeting to order at 4:03 p.m. followed by the Pledge of Allegiance and a moment of silence. Roll Call: The following members were present: Mayor Snedecor, Mr. Lain and Mr. Ehrhardt. Also present: City Attorney DeBonis and Clerk-Treasurer Longer. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept and approve the minutes of the Regular Meeting of the May 21, 2014 as presented. All aye, motion carried. (3-0) Correspondence: Police Chief Zormier offered a brief overview of the partnership with the School City of Hobart and stated an additional School Resource Officer will be assigned to the schools when school begins in the fall. Officer Simon Gresser and his K-9 Scout, will be at the schools along with Officer Joe Clemmons to serve as a deterrent to unwanted activity and to allow better familiarity with the students and foster a healthy relationship between students and the public safety officers. Chief Zormier also announced that the School City of Hobart partnership continues as the National Night Out event will be held at the Hobart High School on August 5th. The previous years’ events had been held at the Hobart Community Pool and the attendance showed that a larger space was needed and the School City is excited to participate in this event. Chief Zormier also informed the Board that Officer Kevin Garber Jr. was awarded the Officer of the Year award from the local American Legion and also won the District award. He is now nominated for the State award. Raeann Trakas announced the Summer Market on the Lake begins tomorrow at Festival Park and the Navy Band is scheduled to play at 7pm. Mr. Snedecor also announced the Plan Hobart meetings continue on Monday night at the Festival Park Community Center from 6 – 8 pm and the public is encouraged to attend. Approval of Register of Claims and Payroll Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the register of claims and payroll claims as presented. All aye, motion carried. (3-0) Approval of Agenda: An amended agenda was published and distributed on Monday, June 2nd. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the amended agenda as presented. All aye, motion carried. (3-0) Unfinished Business: There was no unfinished business. New Business: Request to remove 2 trees in parkway: Leslie Hill, re: 25 Hillcrest St.: The owner was not present. Mr. Hannigan stated he had met with the owner and although the trees were no dead, the owner wanted them removed as they are full of ants. Mr. Hannigan stated the owner was willing to pay for the cost of removal and had obtained three estimates. He noted she may wish to replace them in the future and he advised her that this would take a separate request of the Board of Works and there is a list of preferred types of trees that the Board would consider. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve Board of Works Minutes: June 4, 2014 1 the removal of the two trees in the parkway as requested at the property owner’s expense. All aye, motion carried. (3-0) Request to allow two existing parking lot lights and paving to remain in right-of-way: Dwayne Walker, re: 5470 E. Lincoln Hwy.: Mr. Walker was present. He stated he is opening his business in July and has a lease with an option to purchase the property. He noted the existing pavement and lights located in the right-of-way were being maintained by a previous tenant and the lights are on timers and the property pays the utility bills as the lights illuminate the parking lot. Sergio Mendoza, City Planner, stated the site plan review by the Plan Commission was approved pending the necessary consideration by the Board of Works regarding the lights and pavement in the right-of-way, suggesting that if the City should ever determine a need to improve the area and require the use of the right-of-way, the lights would be removed at the owner’s expense. Mr. Mendoza also stated that adequate parking exists and if the right- of-way pavement needed to be removed at a time when the City improved the area, the parking would still be adequate for the business use. Phil Gralik, City Engineer, asked the Board to also consider a provision that if the lights were ever in disrepair or damaged, that they be relocated outside the right-of- way and on to the property. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the request, allowing the lights and pavement to remain in the right-of-way until such time as the City determines they must be removed at the owner’s expense for other area improvements or until they were damaged. Attorney DeBonis suggested the motion be amended to say that the request is approved and the petitioner is granted a license to maintain the security lights in their current location unless and until the lights need to be replaced at which time they will be removed from the right-of-way and they will be maintained at the sole cost of the petitioner. Mr. Ehrhardt withdrew his original motion and Mr. Lain withdrew his original second to the motion. Mr. Ehrhardt then amended his motion to approve the request and to grant the petitioner a license to maintain the security lights and pavement in their current location unless and until the lights need to be replaced at which time they will be removed from the right-of-way and they will be maintained at the sole cost of the petitioner. The amended motion was seconded by Mr. Lain. All aye, motion carried. (3-0). Request for Reinstatement to pay status and other matters: Officer Kirk Homoky: City Attorney DeBonis noted that Officer Homoky’s attorney Christopher Cooper was present as was Dan Whitten, Attorney for the Police Department. Attorney DeBonis stated a Notice of Discipline was served on Officer Homoky on May 30, 2014, a copy of which has been provided to the Board of Public Works and Safety, stating that that Police Chief seeks dismissal of Officer Homoky based on the charges as stated. Attorney Cooper has filed a Demand for a Hearing, received by the City on June 2, 2014 and Mr. DeBonis informed the Board that, under applicable law, evidentiary due process hearing must commence within 30 days of receipt of same. The Police Department and Officer Homoky by counsel, agreed that Officer Homoky’s current Unpaid Administrative Leave status be changed to Paid Administrative Leave status as of May 21, 2014, the date of the Order in the Criminal Division of Lake Superior Court which approved a pre-trial diversion agreement, order for restitution and other matters on the criminal charges previously pending against Officer Homoky. Attorney DeBonis then noted that the first order of business of the Board with respect to the due process hearing will be to appoint a hearing officer for this case and requested that, following the Board’s usual practice, he be appointed. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to appoint City Attorney DeBonis as the hearing officer for this case. Attorney Cooper stated that Officer Homoky objects to Attorney DeBonis presiding over this case. He requested that a Third party lawyer agreed upon by he and Mr. Whitten be appointed. Discussion followed. Attorney DeBonis noted he has taken no side and has represented the Board on a number of matters in his role as City Attorney. Attorney Cooper again requested an “administrative law judge” who would be truly neutral. Attorney Whitten stated he had no objection to Attorney DeBonis serving as hearing officer. Attorney Cooper stated his concern was that while DeBonis would be objective, he is also in a role to advise the Board rather than presiding over the Board of Works Minutes: June 4, 2014 2 hearing and he expected the hearing to last a full eight (8) days. Cooper offered to request the FOP to pay for one-half of the fees for third-party judge in this matter. In response to a question by Mr. Lain as to any question of any bias or integrity issue with Mr. DeBonis, Mr. Cooper stated that he did not question the integrity of Attorney DeBonis but wanted a “third party” to preside. Mayor Snedecor stated that Attorney DeBonis has presided over similar cases in front of the Board of Works previously and called for a vote on the motion. All aye, motion carried. (3-0) Attorney DeBonis is appointed the hearing officer for this matter. Mr. DeBonis noted that the role of the hearing officer is procedural only and the Board determines the facts and makes the decision on the merits of the case, acting much as a jury acts. Attorney DeBonis noted that the hearing will be held in public, open meeting(s). An Executive Session will be held after the hearings conclude for deliberations of the Board and the final decision of the Board will be made at an open meeting. Attorney DeBonis asked the Board to consider the request of the Chief, authorizing the change of status of Officer Homoky from Unpaid Administrative Leave to Paid Administrative Leave without prejudice as to claims relating to back pay which will be considered in the future, to be effective May 21, 2014 which was the date of the Superior Court Order. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to change Mr. Homoky’s status to administrative leave with pay effective May 21, 2014, said change being without prejudice to the contentions of either Homoky or the Police Department with respect to any other claims for back pay which may arise. All ayes, motion carried. (3-0) Attorney DeBonis stated the Board has been asked for available dates for hearing and is prepared to move forward with the hearing on Tuesday, June 24th to commence at 9:30 a.m., to break for lunch at 12 or 12:30 p.m. and to reconvene in afternoon session at 1 or 1:30 p.m. until 4 or 4:30 p.m. If additional days for hearing are needed, the Board will reconvene on Monday, June 30th at 9:30 a.m. and again onTuesday, July 1st with similar schedules both days. Extensive discussion followed as to scheduling issues and alternate dates of commencing with the hearing. Attorney Cooper again stated he anticipates eight (8) full days being needed for the hearing. Consensus of all legal counsel and the Board members was found and Attorney DeBonis stated the hearing will commence on Monday, June 30, 2014 at 9:30 a.m. in the Council Chambers under the daily schedule as outlined previously and will continue on Tuesday, July 1st at 9:30 a.m. under the same schedule. He noted at the adjournment of the July 1st hearing, subsequent hearing dates and times will be determined. Attorney DeBonis may hold a pre-trial conference call with counsel to review calendars for additional dates before June 30th. Attorney DeBonis stated the matter will be recorded and transcribed by a Court Reporter who will be retained and paid by the City. He provided Attorney Cooper with twenty-five (25) blank executed forms of subpoena and noted any Hobart Police Officers who would be called will not need a subpoena but Attorney Cooper may provide a written list of Hobart officers and when he would like them to appear to Attorney Whitten and he will inform the Chief of Police who will order their appearance in this matter. Copies of all subpoenas are to be provided to opposing counsel and return of service must also be filed. He instructed the parties to exchange witness lists and exhibit lists by June 11, 2014 and those lists will not be amended except for good cause shown. Attorney DeBonis noted the parties will be receiving a formal Notice of Hearing in the near future. By unanimous consent, the Board approved the hearing dates and arrangements for hearing announced by Mr. DeBonis. Neither Mr. Cooper or Mr. Whitten had anything further to come before the Board at this meeting. Announcements: Mr. Snedecor asked if there was anyone who wished to address the Board and there was no response. Board of Works Minutes: June 4, 2014 3 Adjournment: Motion by Mr. Lain to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 4:50 p.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: June 4, 2014 4