Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA October 7, 2015 Call to Order/Pledge to the Flag: Mayor Snedecor called the meeting to order at 4:07 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mr. Lain, Mr. Ehrhardt, and Mayor Snedecor. Also present: Clerk-Treasurer Longer, Admin. Assist. C. Govert and Hearing Officer Meyer. Absent: Attorney DeBonis. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the minutes of the Regular Meeting of September 2, 2015 as presented and remove the minutes of the Special Meeting of August 26/August 28/ September 30/and October 2, 2015 as they have not yet been presented for consideration. All aye, motion carried. (3-0) Attorney DeBonis arrived. Correspondence: Chief Zormier presented a commendation to Officer Monte White. On September 7, 2015, Officer White received information of an accident at the Cresmoor Apartments pool. A 7 year old boy had slipped into the pool and struck his head. Two young ladies, Kashmir Maull, age 11 and Victoria Krueger, age 14, discovered the boy at the bottom of the deep end of the pool, swam to the bottom and brought the boy to the surface. Officer White began lifesaving measures to resuscitate the boy. After a few minutes he began breathing. Officer White was presented with a lifesaving pin and the girls received plaques. Approval of Register of Claims and Payroll Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept and approve the register of claims and payroll claims as presented. All aye, motion carried. (3-0) Approval of Agenda: Mr. Snedecor requested the addition of Signing Mylar’s for 230 Main St.: Art Theater Subdivision, and 625 Lake St.: Suncrest Christian Church Hobart Subdivision. Motion by Mr. Lain, and seconded by Mr. Ehrhardt, to approve the Agenda as amended. All aye, motion carried. (3-0) Unfinished Business: Mr. Snedecor turned the gavel over to Hearing Officer Meyer. In the Matter of the Disciplinary Action filed by the City of Hobart Chief of Police Zormier regarding Officer Kirk Homoky: Mr. Meyer stated the Board is here to make a decision as to whether or not Officer Kirk Homoky did or did not commit the violations charged against him in the Amended Notice of Discipline filed by Chief Zormier on August 26, 2015. Count I: Hearing Officer Meyer stated that Count I of the Amended Notice dealt with the wrongful use of IDACS for non-law enforcement purposes. He asked what the Board's decision is as to whether or not the evidence proved, by a preponderance of the evidence, that Officer Homoky did or did not commit that violation. A motion was made by Mr. Lain, who stated that based on the evidence presented, the Board finds that Officer Kirk Homoky was proven to have violated the charges in Count I, the use of the IDACS system for non- law enforcement purposes, and from this incident, Kirk Homoky violated the Rules and Regulations of 10.1.1.20 Protection of Confidential Information, and 10.1.1.26 Conduct Unbecoming an Officer. The motion was seconded by Mr. Ehrhardt. There being no Board of Works Minutes: October 7, 2015  discussion offered, Hearing Officer Meyer asked for a roll call vote on the motion. Roll Call Vote taken. All aye, motion carried. (3-0) Count II: Hearing Officer Meyer stated that Count II of the Amended Notice is in reference to Mr. Homoky taking $20 from Mr. Pineda during a traffic stop. He asked for the Board’s decision as to whether the evidence established by a preponderance of the evidence, that Officer Homoky did or did not commit that violation. A motion was made by Mr. Snedecor, who stated that based on the evidence presented by the City, they failed to prove that Officer Homoky was guilty of the violations contained in Count II. The motion was seconded by Mr. Lain. There being no discussion offered, Hearing Officer Meyer asked for a roll call vote on the motion. Roll Call Vote taken. 2 Aye: Lain, Snedecor / 1 Nay: Ehrhardt. Motion carried (2 Aye/1 Nay) Count III: Hearing Officer Meyer then asked for the Board’s decision as to Count III which charged Officer Homoky with converting checks from the Stardust Bowl to which he was not entitled. A motion was made by Mr. Ehrhardt who stated that based on the evidence submitted it has been proven that Officer Homoky committed the violations contained in Count III which include violation of the Rules and Regulations 10.1.1.22 Conversion, 10.1.1.23 Disregard for Property Rights, 10.1.1.25 False Information, and 10.1.1.26 Conduct Unbecoming an Officer. The motion was seconded by Mr. Lain. There being no discussion offered, Hearing Officer Meyer asked for a roll call vote on the motion. Roll Call Vote taken. All aye, motion carried. (3-0) Discipline Determination: Hearing Officer Meyer asked that, in light of the Board’s decision as to Count I and Count III of the Amended Notice of Discipline, what is the Board’s decision as to the appropriate discipline to be imposed on Officer Kirk Homoky? A motion was made by Mr. Snedecor that Officer Kirk Homoky be terminated from employment by the Hobart Police Department. The motion was seconded by Mr. Ehrhardt. There being no discussion offered, Hearing Officer Meyer asked for a roll call vote on the motion. Roll Call Vote taken. All aye, motion carried. (3-0) Hearing Officer Meyer turned the gavel back over to Mayor Snedecor. The Board thanked Attorney Meyer for his leadership and professionalism during the course of the hearing. Continued: Request for Release of Liens: Allen Watkins, Choice Homes Realty, re: 317 Center St: Mr. Watkins was not present. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to table this item. All aye, motion carried. (3-0) New Business: Request to remove tree in easement: Joshua Magner, re: 2817 Coral Dr.: Mr. Magner was present and presented pictures to the Board. Mr. Magner is asking to be added to the City list for tree removal. He’s concerned for public safety. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to add this tree to the City’s list for tree removal or grant permission for Mr. Magner to remove at owner’s cost if he chooses to do so. All aye, motion carried. (3-0) Request for easement at Fire Station #3 on 37th Avenue: Hobart Assembly of God Church, 7545 Ridge Rd: Mr. Gralik, City Engineer, asked that this item be tabled. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to table this item. All aye, motion carried. (3-0) Board of Works Minutes: October 7, 2015 Request to install 3’ wide mulch trail and 2 eco-gravel parking spaces on City property: Jen Woronecki-Ellis, Woodland Savanna Land Conservancy, re: Eastward end of 40th Ave: Ms. Woronecki-Ellis was present. Mr. Snedecor suggested input from the Storm Water, Engineer, and Planning Departments. Motion by Mr. Snedecor, seconded by Mr. Lain, to continue this request until the November 18, 2015 meeting to get feedback from various departments. All aye, motion carried. (3-0) Request to Waive Sign Permit Fees for Informational signage at 3 nature preserves: Jen Woronecki- Ellis, Shirley Heinze Land Trust, Inc., Save the Dunes Conservation Fund, Inc., Woodland Savanna Land Conservancy, Inc., re: nature preserves on Old Ridge Road and Liverpool Road: Ms. Woronecki-Ellis stated that this is part of the Neighborhood Spotlight Initiative to identify that the areas are nature preserves and not vacant lots. Mr. Hannigan, from the Building Department and Mr. Mendoza, from the Planning Department do not see any problems with this issue as long as the signs are not placed on City Property. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to waive the Sign Permit Fees for these three signs as requested. All aye, motion carried. (3-0) Signing of Mylar’s: Art Theater Subdivision, 1-lot subdivision, 230 Main St., located approx. 100’ north of the NW corner of 3rd and Main Streets, zoned B-2, 0.242 acres: The City Engineer has determined that no bond is required for this subdivision. The Plan Commission has recommended approval. Motion by Mr. Snedecor, seconded by Mr. Lain, to approve signing of Mylar as presented. All aye, motion carried. (3-0) Suncrest Christian Church Hobart Subdivision, 1-lot subdivision, 625 Lake St., located approx. 100’ south from the SE corner of 6th and Lake Streets, zoned R-2, 0.90 acres: The City Engineer has determined that no bond is required for this subdivision. The Plan Commission has recommended approval. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve signing of Mylar as presented. All aye, motion carried. (3-0) Announcements: Katie Lemon, BF&S gave a brief update of the 61st Ave. Project. She reported that the project is on schedule for the November 2016 completion. The pond is complete and the bridge work has begun. To date there are two change orders that are in the final stages of review and will be on the October 21, 2015 Board of Works agenda for approval. Patty Woronecki thanked Russell Tree Care for the removal of the trees on her block. The crew was very respectful, fast and clean. They really did a great job. June Welfer, 337 N. Virginia St., expressed concern about the number of dead animals on the roads and is unsure who to contact. Mr. Snedecor suggested she give him some locations and he will follow up with the Public Works Department. Mr. Snedecor asked if there was anyone who wished to address the Board and there was no further response. Adjournment: Motion by Mr. Lain, to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 4:48 p.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: October 7, 2015