Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA September 7, 2016 Call to Order/Pledge to the Flag: Mayor Snedecor called the meeting to order at 4:00 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mr. Lain, Mr. Ehrhardt and Mr. Snedecor. Also present: C-T Longer and Admin. Asst. C. Govert. Absent: Attorney DeBonis. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept the minutes of the regular meeting of August 17, 2016 as presented. All aye, motion carried. (3-0) Correspondence: Update on 61st Ave. Project: Brandon Towle, BF&S, distributed a status update to the Board: G.E. Marshall has completed the remaining underdrain on site and Rieth Riley paved with first lift of asphalt base west of Wisconsin. Most of the sidewalk east of Wisconsin has been poured. LaPorte Construction has encountered water infiltrating beneath the sheet piling into the cofferdam on the west side of Deep River. A concrete foundation seal was poured last week to help remedy the situation. Rieth Riley will begin work on the remaining concrete curb and gutter west of Wisconsin. Once complete, the remaining asphalt base and intermediate can be paved in this area. Sidewalks and resident’s driveways will be installed afterwards. Once the concrete footers for the median wall are complete, concrete curb can be installed east of Wisconsin followed by asphalt. Approval of Register of Claims and Payroll Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept and sign the register of claims and payroll claims as presented. All aye, motion carried. (3-0) Approval of Agenda: Mr. Snedecor asked for the addition of 1370 S. County Line Road Violations. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the agenda with the addition. All aye, motion carried. (3-0) Unfinished Business: Continued: County Line Event Traffic Plan: Phil Gralik, City Engineer: Mr. Gralik was present and stated that he has not heard from Ryan Richardson from County Line Orchard and recommends removal of this item from the agenda. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to remove County Line Event Traffic Plan from the agenda. All aye, motion carried. (3-0) Attorney DeBonis arrives. Continued: Update/Discussion of Pending Action: Cressmoor Trailer Park, re: W. 37th Ave.: Attorney Sawochka was present. He stated that the ownership issue has been resolved due to the auction held earlier this week. Mayor Snedecor said that he toured the area earlier today and is concerned that the progress that had been made has begun to regress. His main concerns are the office with one collapsed side and the addition of construction trailers. Mr. Snedecor asked Attorney Sawochka about his plans for the construction trailers that have been moved into the location. Attorney Sawochka said that the plan is to rehab them for future dwellings. He stated that he has met with Mr. Hannigan and that Mr. Lewis was to send him some regulations. Mr. Lewis stated that he did not forward the information because he was waiting for information from the City Attorney. Attorney DeBonis said he had sent an email just a few minutes ago and provided a 2 page e-mail to Mayor Snedecor and Mr. Lewis. Attorney DeBonis stated Board of Works Minutes: September 7, 2016 1 that the City’s power is confined to Electrical, HVAC, and Plumbing inspections only and trailer set-up and inspections must be done by a State Licensed installer. Sgt. Russo reviewed code enforcement issues and said that the majority of items have been addressed but there are still a few concerns such as a car to be removed and furniture being used as fire wood. Mr. Snedecor stated that the City had taken a very aggressive effort to clean this area up and it cannot go backward. Mr. Lain suggested that in this matter there should be a “lead” staff member to handle communications between the City and owner of Cressmoor and suggested Sgt. Russo. Mr. Vinzant addressed the Board about residents expressing their concerns that this project is regressing back to the way it was, and said the citizens won’t tolerate this. Mr. Snedecor stated that the Building Department and Code Enforcement will be the point of communication with Attorney Sawochka. Attorney Sawochka was asked when he could remove the office trailer from the property and he said it may take him up to 30 days. Sgt. Russo stated that compliance has been met with the current property maintenance issues, with the exception of a few minor items that he is sure Attorney Sawochka will take care of. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept compliance of property maintenance issues. All aye, motion carried. (3-0) Signing of Mylars: Willow Marsh, a 2-lot subdivision located approximately 1200’ east of I-65 and north of 49th Ave. zoned B-3, 36.09 acres: The Plan Commission recommends approval of this subdivision and noted that no bond is required for public improvements. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve Willow Marsh subdivision and sign the mylars as presented. All aye, motion carried. (3-0) Continued: Consideration of Proposal for Toter Lid Advertising: National Cart Marketing, LLC: There was no representative present. Attorney DeBonis provided the board with a copy of his opinion regarding advertising parameters on public property. Mr. Snedecor stated that he would like to see this matter continued so a representative from the company can be present. Mr. Lain asked if it would start off as a pilot program, and Mr. Snedecor and Councilman Huddlestun agreed that it should roll out as pilot program. Attorney DeBonis requested that National Cart Marketing provide a sample agreement before the next meeting. This matter is continued to the September 21, 2016 Board of Works Meeting. New Business: Request to Issue RFP for Hot In-Place Recycling (HIR) Pavement Projects: Mr. Gralik requested that the date for the Bid opening be changed from what was distributed to September 28 at 1:00 p.m. This pavement process may be used to repair 10th St. from Lincoln to County Line and Old Ridge Rd. from Festival Park to Liverpool Rd., along with other areas in the City. Motion by Mr. Snedecor, seconded by Mr. Lain, to approve the Notice to Bidders as presented with the new date and time for opening of bids as recommended. All aye, motion carried. (3-0) Consideration of Change Order #1 to 2016 Paving Program: for Slurry Seal: Mr. Gralik stated that this is a treatment that can be used on roads that are in good shape to rejuvenate and seal the pavement. This Change Order will allow the City to get prices from all 3 bidders from the 2016 Paving Program for this treatment. Motion by Mr. Snedecor, seconded by Mr. Lain to approve Change Order #1 to the 2016 Paving Program as presented. All aye, motion carried. (3-0) Consideration of Agreement for Engineering Services: 73rd Ave. Interchange Justification Phase 1& 2, 61st Avenue Corridor and US 30 Corridor, Analysis and Conceptual Design: Phil Gralik, City Engineer: Mr. Gralik was present and recommends approval. Mr. Dammarell, BF&S was present and stated that with the study being done it will be easier to justify future projects. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the Agreement for Engineering Services in an amount not to exceed $150,260.00 as presented. All aye, motion carried. (3-0) Board of Works Minutes: September 7, 2016 2 Request to Install Electric Vehicle Charging Station on City Easement at City Hall: Bob Fulton, Assistant to the Mayor, was present and explained that the charging stations have already been installed and are operational. NIPSCO has provided a Level II electric vehicle charging station with 2 parking spaces at the north end of City Hall on 4th St. This is part of a project with South Shore Clean Cities, and NIPSCO covered the cost of installation and software maintenance for the first 2 years. Deadlines were looming and installation happened before approval from the Board of Works. An ordinance will be introduced by the Council to reserve these two parking spaces for electric powered vehicles only and to determine the fees for charging. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the installation of an Electric Vehicle Charging Station on city easement north of City Hall. All aye, motion carried. (3-0) Request for Appeal of Property Maintenance/Nuisance Fine: Re: 246 N. Lake Park Ave.: Ms. Anita Dubovi, 2864 Bernice Dr., Lansing, IL, was present and stated that she is the legal property owner but does not live at that location. She was unaware of the compliance issues or the fine until she met Sgt. Russo at the dwelling on July 29, and he indicated that certified mailings had been sent to both her Illinois and Indiana addresses. Ms. Dubovi stated that she has worked hard to comply with the order and is requesting that the fine be lifted. Sgt. Russo said he has met with Ms. Dubovi and feels that the north end of the property is in compliance but there is still work to be done. Ms. Dubovi stated that she can meet substantial compliance by September 21, 2016. Mr. Snedecor said that at this time the fine should stay in place and once full compliance has been met, Sgt. Russo may advise the Board on the removal or reduction of the fine. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to review this matter at the September 21, 2016 Board of Works meeting for full compliance and a recommendation from Sgt. Russo as to the removal or reduction of the fine. All aye, motion carried. (3-0) Notice to Abate: Property Maintenance Issues re: Mihojka and Nikola Tomich, 1312 S. Lake Park Ave., 1317 S. Lake Park Ave., and 2411 E. 10th St.: Sgt. Russo was present and stated that little to no work has been done to meet compliance. Mr. Tomich’s attorney was in attendance. Attorney McIllery is requesting an additional 30 days in order for his client to get all 3 proprieties into compliance. He noted that he believed 1317 S. Lake Park is scheduled for sheriff’s sale very soon. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to grant the property owner 30 days and review for full compliance at the October 19, 2016 Board of Works meeting. All aye, motion carried. (3-0) Notice to Abate: Property Maintenance Issues re: Amos Tschopp, 3803 Parker St.: Mr. Tschopp was not present. Sgt. Russo stated that some items have been addressed but there are still multiple problems at this property. Sgt. Russo recommended that this item be set for review at the September 21, 2016 meeting. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to set this item over for further review at the September 21, 2016 Board of Works meeting. All aye, motion carried. (3-0) Notice to Abate: Property Maintenance Issues re: Henry Aguilera, 31517 St. Joseph Place: Mr. Aguilera was not present. Sgt. Russo visited the property today and said that it is 90% compliant and recommends this item be reviewed at the October 19, 2016 meeting. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to set this item for review for full compliance at the October 19, 2016 Board of Works meeting. All aye, motion carried. (3-0) Order to Comply: Detention Ponds in Liberty Heights Subdivision: re: Randy Hall, Luxor Homes: Mr. Hall, registered agent of Liberty Heights HOA was present and stated that when he purchased the lots the detention ponds were not included and someone from the City called and said that the ponds would be sold in a tax sale and asked if he would purchase them for future use. The ponds were purchased and placed in a tax exempt entity for the future HOA once turned over to the residents. Mr. Hall would like to change ownership to the HOA but not sure of the steps to take legally. Attorney DeBonis briefly Board of Works Minutes: September 7, 2016 3 explained the process and noted the Covenants should be referred to for guidance. There was some discussion of who is responsible for the care of the detention ponds. Attorney DeBonis suggested that a letter be sent to the residents explaining the issues and inviting them to a meeting to form a HOA. Mr. Snedecor suggested that Mr. Hall be the facilitator of the meeting and the City could provide the location. Mr. Hall feels that he can pull together a meeting in the near future in order to set up the HOA. Mr. Gralik suggested that either he or Mr. Kingsland also attend the meeting and explain the stormwater issues to the residents. Mr. Hall agreed to maintain and mow around the ponds until they are handed over to the future HOA. It was agreed that a meeting would be set with Mr. Hall, the City Engineer and the residents of Liberty Heights to begin the process of turning over the homeowners association as the covenants intended. Review of Stormwater Long-Term Maintenance and Operation Agreements: Dunkin Donuts, 3412 81st Ave. and Lake Park Senior Apartments, 111 W. 10th St.: Mr. Gralik stated that Mr. Kingsland recommends approval of both Agreements. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the Long-Term Maintenance and Operation Agreement for Dunkin Donuts, 3412 810st Ave. as presented. All aye, motion carried. (3-0) Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the Long Term Maintenance and Operation Agreement for Lake Park Senior Apartments, 111 W. 10th St., as presented. All aye, motion carried. (3- 0) Review of Fireworks Display Performance Agreement: Johnny Rockets Display Company: Mr. Snedecor said that this is a 5-year agreement with Johnny Rockets for 4th of July festivities for the years 2017 through 2021, in the amount of $14,000 for each year and recommends approval. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the Agreement with Johnny Rockets as presented. All aye, motion carried. (3-0) Review of Crossing Guard (Replacement) Contract: Ridgeview School through December 31, 2016: Chief Zormier said it is a standard contract and recommends approval of this replacement. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the contract for replacement Crossing Guard, Amanda DeSoto, at Ridgeview School, in the amount of $1,446.12 as presented. All aye, motion carried. (3-0) Discussion: Re: 1370 S. County Line Rd. Violations: Cashmere Hollister, property owner, and Randy Goldschmidt, fiancé of the owner, were present. Mr. Gralik said that on September 1, 2016 he received a complaint from a resident that earthwork being done at 1370 S. County Line Road had blocked drainage and that the water backing up onto other properties had an oil sheen on it. Mr. Gralik visited the property and met with Mr. Goldschmidt, who did have a fill permit for a driveway pad in the front part of the property, but not the rear where fill was being deposited. During his visit he found several violations including large chunks of asphalt being dumped and used as fill, causing him to revoke the fill permit and invoke a cease and desist order. Mr. Gralik then met with the Mayor, Chief Zormier, Sgt. Russo, Mr. Kingsland and Mr. Lewis, Attorney DeBonis was also contacted via phone, to discuss his visit. It was determined that IDEM be contacted and concerns be reported and to ask them to also visit the property. During this meeting, Mr. Goldschmidt entered the Mayor’s office. He was told at that time that he would have to attend the September 7th Board of Works Meeting and to cease and desist all earth moving activity. Mr. Gralik stated that Mr. Goldschmidt asked him what were his biggest concerns and Mr. Gralik stated the large chunks of asphalt being used for fill, the fuel tank and the white chemical that had been poured out on the ground. Later that morning, Mr. Kingsland and Mr. Gralik met IDEM representatives at the property. After being informed his permit was revoked and that a cease and desist order was forth coming, Mr. Gralik stated that Mr. Goldschmidt apparently had someone regrade the site to cover the white chemical residue and remove the fuel tank. Mr. Goldschmidt discussed the plans for the property and the activities he has been doing to develop it and stated he would be grinding up the Board of Works Minutes: September 7, 2016 4 chunks of asphalt. Attorney DeBonis explained that Mr. Goldschmidt had violated the terms of the fill permit by the type of fill he was using and the location of the fill being outside the parameters of the permit. Mr. Goldschmidt stated that he had paid someone to bring the asphalt grindings for fill on to the property. Mr. Snedecor stated that the matter at hand is the cease and desist order. Mr. Gralik stated that IDEM also has very serious concerns and in the process of reviewing the property and engineering drawings will be required. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, that the cease and desist order remain in effect until such time that the City Engineer determines that it should be lifted with the understanding that some other agencies are making an assessment of the issues on the property. All aye, motion carried. (3-0) Announcements: Motion by Mr. Lain, seconded by Mr. Ehrhardt, that the October 5, 2016 Board of Works Meeting be cancelled due to the members attending the IACT Conference. All aye, motion carried. (3-0) Mr. Snedecor asked if there was anyone who wished to address the Board and there was no further response. Adjournment: Motion by Mr. Ehrhardt to adjourn the meeting. All aye, motion carried. (3-0) The meeting adjourned at 5:58 p.m. ______________________ ____________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: September 7, 2016 5