Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA May 3, 2017 Call to Order/Pledge to the Flag: Mayor Snedecor called the meeting to order at 3:35 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mr. Lain, Mr. Ehrhardt, and Mr. Snedecor. Also present: Attorney DeBonis, C-T Longer, and Admin. Asst. C. Govert. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept the minutes of the Regular Meeting of April 19, 2017 as presented. All aye, motion carried. (3-0) Correspondence: Acceptance of Retirement letter: Mark Mokris, Hobart Police Department: Mark was present. His retirement date is May, 5, 2017 which is his 22nd year anniversary with the HPD. Mayor Snedecor and Chief Zormier both thanked him for his service. The Board acknowledged receipt of his Letter of Retirement. 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: Mayor Snedecor asked the Board to add: Approval of Long Term Maintenance Agreement: Tractor Supply Co. with signing of Mylars; and CNG Award Announcement. He also requested the removal of Public Works Maintenance Garage from the agenda as this will be part of the Special Meeting called for Friday, May 5, 2017 at 8:30 a.m. Chief Zormier requested the removal of HPD Disciplinary Matter from the agenda. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the agenda as amended. All aye, motion carried. (3-0) Unfinished Business: Review: Consideration of “No Parking” signs: re: Nike Nelson, 1105 Lillian: Mr. Nelson was not present. Chief Zormier said he is not opposed to posting “No Parking” signs on the south side of Lillian St. The Public Works Department can install the signage. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve “No Parking” signs on the south side of Lillian St. from the 4-way stop to the SCOH Maintenance Yard. All aye, motion carried. (3-0) New Business: Improper Home Occupation: Sandra Shriner and Paul Lewis, re: 1671 Sapphire Ct: The property owners, having been served with notice in writing as required by law failed to appear. Sgt. Russo stated that proper service of the notice of this meeting had been received and signed. He presented information regarding a limousine service, automobile detailing business and automobile sales business being operated out of the home at 1671 Sapphire Court under the names of A-1 Executive Limousine and/or AAA Limousine Service. He stated the property is zoned R-1 Residential and this type of business is not permitted under the Hobart Municipal Code Sec. 154.007 as a Home Occupation. Sgt. Russo provided the Board with a history of charges filed through Hobart City Court for offenses concerning zoning violations in 2016 and the Court has issued a Default Judgment for those violations. He stated this recent zoning violation occurred on April 19, 2017 and he is bringing this current violation Board of Works Minutes: May 3, 2017 1 to the Board of Works for action. Attorney DeBonis asked how the vehicles are registered and Sgt. Russo stated they are registered in Indiana to the Sapphire Court address under either A-1 Executive Limousine or AAA Limousine Service and possibly a few other names of companies. Attorney DeBonis stated this current violation is separate from the City Court charges. Discussion followed as to the possible actions the Board could consider to remedy the situation. Attorney DeBonis suggested the Board consider impounding all vehicles found as part of a business and holding them until all fees, fines and charges are paid and if not paid, to start selling them to offset the charges. Mr. Snedecor questioned whether this included vehicles on the easement and in the driveway of the residence. Attorney DeBonis stated that the vehicles should not be there and the City has a duty to protect the neighbors in this residential area from having vehicles like this parked on the street in front, sitting on the easement, sitting on the property itself as it is a violation of the local ordinance. Mr. Snedecor noted that the Board had prior issues with this property owner for similar violations and the owner had assured the Board that he would not continue the operations. Attorney DeBonis stated that proper notice of this meeting was given and the owner was not present and has only showed contempt for the City’s proceedings as well as the City Court actions and further attempts at dialogue with the owner is not needed by this Board. He stated the vehicles should be properly locked up and protected against someone trying to retrieve them and the principals of the companies involved and the owners of the real estate should be given notice and sent a bill for everything owed. As to the violations of the ordinance that occurred on April 19, 2017, motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to impose a $500 fine to be paid by July 5, 2017, and authorizing the Hobart Police Department to tow and impound the vehicles used for the limousine service, auto detailing and sales businesses being conducted at 1671 Sapphire Court with all towing and impound costs including any daily storage costs incurred being charged to the owner of the vehicles. All aye, motion carried. (3-0) Attorney DeBonis stated the action of the Board should be made part of the Order served on him by the Hobart Police Department and may be used whenever vehicles are found at that residence in violation of the ordinance Request to Remove 2 Trees in Easement: Mr. Gilbeau, re: 414 Woodland Ct.: Mr. Gilbeau was not present. Mr. Snedecor and Mr. Lain said that the tree did not look like it was dead but could use some maintenance because it is overgrown. Motion by Mr. Snedecor, seconded by Mr. Lain, to send to the Arborist for a recommendation and review at the May 17, 2017 Board of Works meeting. All aye, motion carried. (3-0) Request to Remove Tree in Easement: Mark Goetzke, re: 110 Beverly Blvd.: Mr. Goetzke was not present. The tree is not dead but may be diseased. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to send to the Arborist for a recommendation and review at the May 17, 2017 Board of Works meeting. All aye, motion carried. (3-0) Signing of Mylars: A 2-lot subdivision (Clay Parkway, Phase 3) located 0.21 miles west from the SWC of US 30 and Clay St., 5.4 acres: 3PP Hobart LLC: This subdivision received approval from the Plan Commission. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve and sign the Mylars for the 2- lot subdivision (Clay Parkway, Phase 3) as presented. All aye, motion carried. (3-0) Consideration of Long Term Maintenance Agreement: 3PP Hobart LLC re: 4471 E US Hwy 30: Tim Kingsland was present and stated he is only seeking the Boards approval for the LTMA. The prospective owner has requested that all required city documentation is completed and approved prior to the scheduled closing date. Motion by Mr. Lain, seconded by Mr. Snedecor, to approve the Long Term Maintenance Agreement for 3PP Hobart LLC/Tractor Supply located at 4471 E US Hwy 30 as presented Board of Works Minutes: May 3, 2017 2 and authorizing the Mayor and Clerk-Treasurer to sign once the property is transferred to the new owner. All aye, motion carried. (3-0) Request to Use Fenced Area at the Top of Brickie Bowl for Secure Storage Yard for Downtown Streetscape Project: John Dudlicek, Grimmer Construction: John Dudlicek was not present. Discussion was held about what will be stored in this area and how much space is needed. Mr. Snedecor said that Phil Gralik, City Engineer, the Police Chief and Public Works Supt., will need to work with Grimmer Construction to define a location. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the request pending detail of area to be used to be approved by the City Engineer, Police Chief and Public Works Supt. All aye, motion carried. (3-0) Request to Discharge 1.4 Consumer Fireworks on Little League Parking Lot at 2301 Field of Dream Drive on May 20, 2017 at dusk: Kerrie Thorton, Kaboom Fireworks: Kerrie Thorton was present. Ms. Thorton is requesting permission to discharge 1.4 Consumer fireworks at the Little League Field at dusk on May 20, 2017, to demonstrate new product for the 2017 firework season to wholesale/retail customers, and the public is welcome. The display will begin at dusk and will last approximately an hour and a half. Mr. Snedecor asked if Ms. Thorton had contacted the Fire Department or the Police Department about this event, she stated that before she went to them she wanted to have permission from the Board. Mr. Lain asked if the State of Indiana needs to approve such a request. Chief Kerr, Hobart Fire Department, said a permit issued by the State of Indiana to discharge and sell product must be turned into the HFD for review of the site. Ms. Thorton stated that product will not be sold at the Little League site but understands Permits are required by the State. The Hobart Municipal Code was reviewed. Fire Chief Kerr said that Kaboom Fireworks is willing to pay for fire watch and Police Chief Zormier has no objections. Attorney DeBonis suggested the Board include in their motion the signing of the cities Indemnification Agreement and to provide a Certificate of Insurance showing the City of Hobart as an additional insured. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the request to discharge 1.4 Consumer fireworks in the Little League Parking lot at 2301 Field of Dreams Drive on May 20, 2017 at dusk as long as Kaboom Fireworks signs an Indemnification agreement and provides a Certificate of Insurance showing the City of Hobart as an additional insured, and upon approval of all permits by the Fire Chief. All aye, motion carried. (3-0) Consideration of Contract: Hot Air Balloon Rides on Thursday, July 27, 2017: Nikki Lopez: Ms. Lopez was present and stated that this event is in conjunction with the Movie in the Park Series Finale, which is the Disney movie “UP.” Two people will win a ride around the City in the hot air balloon. Attorney DeBonis recommended when making the motion to include Indemnification Agreement be signed and a Certificate of Insurance showing the City of Hobart as an additional insured. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the contract with Michiana Balloon Rides LLC and provided that all insurance and Indemnification Agreements are in place. All aye, motion carried. (3-0) Consideration of Long Term Maintenance Agreement: Hobart Animal Clinic, re: 2650 SR 130: Tim Kingsland: Mr. Kingsland was present and recommends approval of the LTMA. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve and sign the Long Term Maintenance Agreement for Hobart Animal Clinic as presented. All aye, motion carried. (3-0) CNG Station Award Announcement: Mr. Snedecor stated that Ozinga was the most responsive and responsible bidder and was awarded the contract to install the slow-fill CNG Station at the Public Works Yard. Carl Lisek, representative from South Shore Clean Cities was present, and thanked and congratulated everyone who worked on this project. The funding was a grant thru NIRPC/LMAQ Grant which is federally funded 80% with a 20% match. Mr. Dubach, Public Works Supt., thanked the Mayor and Staff for all of the hard work on this project. Mr. Lisek said the anticipated opening date will be before the end of the calendar year. Board of Works Minutes: May 3, 2017 3 Consideration of Quit Claim Deed Conveying 441 Center Street to City of Hobart: Habitat for Humanity: The lot is small and unbuildable, Habitat for Humanity is asking the City to take ownership. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept the deed and authorize the Mayor and Clerk- Treasurer to accept the deed when received. All aye, motion carried. (3-0) Announcements: Dr. McCullough, 5307 E. 61st Ave., asked if water was going to coming to her area soon. Mr. Fulton said that the lines are approved but paperwork must be moved through the proper channels to get the pipes turned over to the Water Company. Hopefully by mid to late summer the water should be ready to be turned on by Indiana American Water. Mr. Snedecor asked if there was anyone who wished to address the Board and there was no response. Adjournment: Motion by Mr. Lain, to adjourn the meeting. All aye, motion carried. (3-0) The meeting adjourned at 4:55 p.m. ______________________ ____________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: May 3, 2017 4