Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA August 20, 2014 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: Mr. Lain, Mr. Ehrhardt and Mayor Snedecor. Also present: City Attorney DeBonis, Clerk-Treasurer Longer and Admin. Asst. Trish White. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept and approve the minutes of the Regular Meeting of August 6, 2014 as presented. All aye, motion carried. (3-0) Correspondence: There was no correspondence. 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: Mr. Snedecor asked that the matter of City of Hobart vs. Officer Kirk Homoky be added to the end of the meeting. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the agenda as amended. All aye, motion carried. (3-0) Unfinished Business: Tabled: Consideration of Motorola Solutions Radio Quote: E911 Consolidation: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to remove this item from the table. All aye, motion carried. (3-0) Attorney DeBonis presented: Resolution 2014-06: A Resolution Authorizing Special Purchase of Digital Radio Equipment for the Hobart Police and Fire Departments: The Resolution was read. Motion by Mr. Snedecor, seconded by Mr. Lain, to approve Resolution 2014-06 as presented. All aye, motion carried. (3-0) Continued: Request to remove tree on private property overhanging public sidewalk: 3020 Crowsnest Drive: Officer Sipes was present. He presented the Board with photos and a copy of a notice asking them to allow him to put the owner on notice of a dangerous tree that needs to be removed. Erwin Tree Service called the Public Works Department stating concern that it may fall into the street, currently it hangs over the sidewalk and street. Mr. Dubach stated it is unsafe. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve Officer Sipes putting the homeowner on 10 day notice. Discussion followed. Mr. Ehrhardt withdrew his motion. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to have the City Arborist, Hodge Tree Service, look at the tree and write a recommendation and then come back to the Board for further action. All aye, motion carried. (3-0) Continued: Unsafe Building Code - Order to Comply: Estate of Edborn Estrom, re: 512 4th St.: Attorney Koprcina was present representing this Estate. He stated that Attorney Steve Place is the Attorney on record representing this estate he has not yet filed a substitute of Council. Mr. Koprcina stated the IRS has a lien on this property. He asked specifically what the items were that deemed this building unsafe, stating it would be helpful to know what specially is unsafe. The Estate is two buildings: the store front and the house. Attorney DeBonis asked if there was an inventory showing the assets of the estate and recommended a meeting with Mr. Hannigan to secure the building in interest of public safety. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to continue this item to September 17, 2014 for further review. All aye, motion carried. (3-0) Board of Works Minutes: August 20, 2014 1 New Business: Request to remove tree from the City Easement: 3785 Sandusky Street: Bill Haynes, 3785 Sandusky Street, was present. Mr. Haynes stated that there are two Ash trees that are dead. Mr. Snedecor stated the City has crews out removing trees in order of priority. Motion by Mr. Snedecor, seconded by Mr. Lain, to have Public Works take a look at these two trees and if they are ready to take down they should be added to the tree removal list. All aye, motion carried. (3-0) Request for an appeal from stormwater permit requirements: Don Froman, re: 418 S. Liverpool Rd: Mr. Froman was present. He stated the stormwater on his property is self-contained and the property is bermed, his goal is to have a manmade lake on his property. City Engineer Phil Gralik toured the site and stated the water is retained on the property and the Ordinance the City has in place is to protect the storm sewers from pollution he stated 12 inches of rain at once would be the only way water might leave this property. It is Mr. Gralik’s recommendation to waive the permit requirement under the stipulations that the property condition remain the same. Mr. Kingsland was asked for any comment and he had nothing to add. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve request with stipulations of the City Engineer as stated. All aye, motion carried. (3-0) Review of 2014 Model Power Boat Race contract: Special Events: Mrs. Trakas stated this has already been before the Park Board for approval and this is the same contract as last years with the exception of the dates. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to approve this contract as presented. All aye, motion carried. (3-0) Approval of the Long Term Maintenance and Operation Agreement: Wilkerson Creek Quarry: Sergio Gutierrez was present. Mr. Kingsland recommended approval. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the Long Term Agreement as presented. All aye, motion carried. (3-0) Matters re: Richard Zormier, Chief of Hobart Police Department, Petitioner vs. Officer Kirk Homoky, Respondent: Attorney James Meyer, Hearing Officer for this case in front of the Board of Works was present. Attorney Whitten and Attorney Elwood on behalf of Police Chief Richard Zormier were also present as was Chief Zormier. Attorney Cooper, representing Officer Kirk Homoky was present. Officer Homoky was not present. A Court Reporter hired by Mr. Cooper was also present. City Attorney DeBonis stated he had received as counsel for the Board of Works, numerous filings on this matter and asked Hearing Officer Meyer to update the Board on this case. Mr. Meyer stated he had issued and filed with all legal counsel a 1-page determination that there is a pending criminal charge against Officer Homoky and under Indiana Statutes, no further action can be taken by the Board to proceed with the disciplinary hearing other than whether or not Officer Homoky should be placed on Administrative Leave and if so, whether it is paid or unpaid. As a result of the determination, hearing dates of May 21st and May 22nd, 2015 have been set. Mr. Meyer also stated there have been other motions and determinations but nothing the Board needs to deal with at this time. Mr. DeBonis asked all legal counsel whether they had any comment on the issue of postponement and both sides offered no comment. Motion by Mr. Lain, seconded by Mr. Snedecor, to accept the determination of the Hearing Officer and rescheduling the matter for hearing on May 21, 2015 at 9:00a.m. and continuing on May 22nd, 2015. All aye, motion carried. (3-0) Mr. DeBonis stated there have been 4 filings made by the Respondent: 2 versions of a Motion for an Order to the City of Hobart to create a Public Repository for all documents filed in Zormier vs. Homoky or that the Board itself caused the creation and maintenance of a repository; a motion requesting payment to Officer Homoky of paid vacation and sick days; and Respondent’s demand for a hearing as to whether he remains in pay status or no pay status. He noted the last filing was received late this afternoon, just before the Board of Works began their meeting. Board of Works Minutes: August 20, 2014 2 As to the demand for a hearing on pay status, Mr. Elwood advised the Board that there is an intent on behalf of Chief Zormier, to serve notice on Officer Homoky to place him again on unpaid Administrative Leave status. He noted Mr. Cooper has already filed a request for hearing and Mr. Elwood asked that the hearing be set sometime between September 8th and September 20th, 2014. Mr. Elwood also objected to dealing with the other motions today from Mr. Cooper as they have just been served and in some instances deal with substantive matters in the case rather than the procedural and status issues we are currently addressing. Mr. Cooper asked that Chief Zormier stop sending uniformed police officers to the Homoky residence to serve papers and noted that he, as Officer Homoky’s attorney will accept notices via e-mail or U.S. Mail. Mr. DeBonis noted that statutes specifically require that notice be served upon him, not his counsel or an agent for him. Mr. DeBonis stated he would ask that when charges are ready, they will be brought to his law office, he would e-mail Mr. Cooper that the documents are ready and for Mr. Cooper to contact his client to pick them up. Mr. Cooper agreed to this delivery method. Discussion followed as to the scheduling of the hearing and with all parties in agreement, the hearing on the request to place Officer Homoky on unpaid administrative leave status is set for Wednesday, September 17, 2014 at 1:30 p.m. Mr. Meyer will serve as Hearing Officer for this hearing. Mr. Snedecor noted that even though Chief Zormier is a licensed attorney, he is the Chief of Police in this case and is not acting as an attorney. Mr. DeBonis addressed the pending request for vacation and sick days pay, stating that this will be taken up by the Hearing Officer at the hearing on September 17th. Mr. Ehrhardt asked that all information and filings be e-mailed to the Board prior to the hearing date to allow them time to consider the filings. Mr. Elwood objected to the request, stating that there are certain items the Board should not receive as part of this proceeding until determined to be allowed to be considered by the hearing officer. Mr. Elwood asked that any additional filings with the intent to be heard of September 17th be filed no less than 7 days prior to the hearing date. Mr. Meyer stated he will provide any filings that should be presented to the Board to the Clerk-Treasurer and she will provide them to the Board. As to the two similar motions regarding a public repository, Mr. DeBonis asked Mr. Cooper to address the Board as to whether these motions need to be heard by this body or at the hearing set for September 17th. Mr. Cooper noted the two motions are similar but one is filed by Kirk Homoky as a member of the public under the Open Meetings Act and the other is filed by Officer Kirk Homoky as a party in this case. He asked that the Board cause a public repository to set up on the internet so that every public document filed in this case is available to the public. Mr. Elwood noted the Clerk-Treasurer’s office is the public repository for any filings in this case as determined by the hearing officer and he reserves the opportunity to respond to this motion and asked that this be taken up at the hearing on September 17th. Mr. Cooper stated he has information that the public has a right to know in this case and should be available under the act as part of the record. Mr. Whitten objected on the basis that this is not the appropriate time to get into the substantive nature of the charges in this case. Mr. DeBonis stated the Access to Public Records Act makes it clear what records are available to the public and Mr. Cooper only cited the Open Meeting Act in his filings. He noted the Records Act says the City can go to a digital document system which is considered enhanced public access but it is optional and the City is not set up for this type of system but the City does routinely make all records that are subject to disclosure available to the public. Mr. DeBonis recommended the Board deny the pair of motions and stated if Mr. Cooper would like to challenge a denial, he could ask the Hearing Officer to revisit the subject at the hearing on September 17th. Board of Works Minutes: August 20, 2014 3 Mr. Meyer recommended that all filings be presented to him on or before September 5th and responses to filings by September 10th to allow time to determine and provide information as appropriate to the Board. Mr. DeBonis suggested the order of the Hearing Officer regarding the procedural issues be put in writing by the Hearing Officer so there is no misunderstanding by any of the parties. Motion by Mr. Snedecor, seconded by Mr. Lain, to confirm the setting of a hearing on September 17th, 2014 at 1:30 p.m. regarding the issue of whether or not Officer Homoky should stay on Administrative Leave with pay until the full hearing on the merits is heard on May 21st and 22nd, 2015. All aye, motion carried. (3-0) Motion by Mr. Snedecor, seconded by Mr. Lain, to deny the two motions regarding the establishment of a public repository subject to the right of either party to re-present that matter to the Board at the hearing on September 17th. All aye, motion carried. (3-0) All other matters are referred to the Hearing Officer for the hearing set for September 17th. Announcements: Larry Brown, 2 W. Old Ridge Rd., asked if we still had the two garbage trucks from Canada. Mr. Snedecor stated those are both still in service, bringing the automated trucks to a total of four. Mr. Fulton stated for the S. Ash St. and Connecticut Street residents there is a meeting Tuesday, August 26th at 6:00 p.m. at Kirby Manor regarding Sewer Project updates and Ash Street access to 14th Street. Mr. Snedecor asked if there was anyone who wished to address the Board and there was no further response. Adjournment: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 5:33 p.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: August 20, 2014 4