CITY OF WHITING – APRIL 6_ 2010

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					                           CITY OF WHITING – APRIL 6, 2010

                      MINUTES OF A REGULAR MEETING OF
                    THE BOARD OF PUBLIC WORKS AND SAFETY
                       OF THE CITY OF WHITING, INDIANA

The Board of Public Works and Safety of the City of Whiting met in regular session on Tuesday,
April 6, 2010, at 9:00 a.m. with Mayor Stahura presiding.

I. ATTENDANCE
The following Board members were present: Mayor Stahura, Board Member Jakubowski and
Board Member Harbin. Also present were Clerk-Treasurer Adam, City Attorney Sejna, Acting
Fire Chief Stolman, Street Commissioner Spebar, Police Chief Miller, Utilities Director Tumo,
Building Commissioner Hrinyo, Code Enforcement Officer Bielawski, Economic Development
Director Kark, Sue Polak of American Trust Insurance Department, City Consultant Dudzik,
Steve Manich, Ron Wiedeman of Robinson Engineering; interested bidders Mike Drott of Tierra
Environmental Services; Tom Woods of Visu-Sewer IL; and interested citizens Melissa Miller
and Bryan Ciers.

Board Member Jakubowski moved for suspension of rules to open bids for the Video of Existing
Combined Sewer along Indianapolis Boulevard from Atchison Avenue to New York Avenue
project. Board Member Harbin seconded the motion. Motion carried unanimously.

Clerk-Treasurer Adam presented Proof of Publication of advertisement for bids on the sewer
video project, which was published in The Times and the Post Tribune on March 9 and March
16, 2010. Five bid packets were picked up; as of 9:00 a.m. today, three sealed bids were
received. Clerk-Treasurer Adam opened each packet in turn and handed its contents to City
Attorney Sejna to be read aloud.

       1.     National Power Rodding Corporation
              2500 W. Arthington Street
              Chicago, IL 60612-7700
              Bid packet contained the following:
                  Base Bid: $29,881.73
                  Completion by 5/20/10
                  No Addendum
                  Form 96
                  Executed Non-Collusion Affidavit
                  Bid Bond



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       2.     Visu-Sewer of Illinois, Inc.
              9014 S. Thomas Avenue
              Bridgeview, IL 60455
              Bid packet contained the following:
                  Base Bid: $13,649.00
                  Completion by 5/20/10
                  No Addendum
                  Form 96
                  Executed Non-Collusion Affidavit
                  Bid Bond

       3.     Tierra Environmental Services
              3821 Indianapolis Boulevard
              East Chicago, IN 46312
              Bid packet contained the following:
                   Base Bid: $11,270.00
                   Completion by 5/20/10
                   No Addendum
                   Form 96
                   Executed Non-Collusion Affidavit
                   Certified Check in lieu of Bid Bond

Board Member Jakubowski moved to refer these bids to the Engineering Department for review,
tabulation and recommendation to the Board of Public Works and Safety. Board Member
Harbin seconded the motion. Motion carried unanimously.

Mayor Stahura returned the meeting to the regular format of the Board of Public Works and
Safety.

II. MINUTES
Mayor Stahura asked for consideration of the minutes of the March 16, 2010 regular Board of
Public Works and Safety meeting.

Board Member Harbin made the following correction to said minutes:

      Page 7, New and/or Unfinished Business, second paragraph: eliminate the motion ‘Board
       Member Harbin moved to approve the illuminated sign and message board sign concept,
       pending further information regarding sign size from Horizon Bank. Board Member
       Jakubowski seconded the motion. Motion carried unanimously’, as it is redundant.


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Board Member Harbin moved to approve said minutes, as amended. Board Member Jakubowski
seconded the motion. Motion carried unanimously.

III. VOUCHERS
Mayor Stahura presented Water Department Accounts Payable Vouchers #8385 - #8405
inclusive for approval.

Board Member Jakubowski moved to approve said Vouchers for payment; seconded by Board
Member Harbin. Motion carried unanimously.

IV. CORRESPONDENCE AND REPORTS
Mayor Stahura reported receipt of the following Department reports:

       1.     Whiting Water Department Report, for the month of March 2010; submitted by
              Utilities Director Paul J. Tumo.

Mayor Stahura reported the following City correspondence:

       1.     Summons to Court for Building Code and Permit Violation; submitted by
              Building Commissioner Hrinyo.

       2.     Two Notices of Municipal Ordinance Violation, submitted by Code Enforcement
              Officer Bielawski and Building Commissioner Hrinyo.

       3.     Four Zoning Opinions on Whiting properties, submitted by Zoning Administrator
              Harbin.

       4.     Letter dated March 17, 2010, from Clerk-Treasurer Adam to Governor Mitch
              Daniels, regarding Whiting Common Council Resolution No. CC-2010-04 urging
              the veto of H.E.A. 1065 concerning handgun regulation.

       5.     Letter dated March 16, 2010, from Building Commissioner Hrinyo to Mr. Milan
              Kesic, granting an extension for demolition of the structure at 2428 Schrage
              Avenue until June 8, 2010.

       6.     Letter dated March 17, 2010, to Attorney Thomas Zubeck from Building
              Commissioner Hrinyo, granting an extension of time regarding demolition of the
              structure at 2446 Schrage Avenue. The status hearing is set for May 18, 2010.




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7.    Letter dated March 22, 2010, from Police Chief Miller to Mayor Stahura,
      commending Sergeant Kevin Puhek, Sergeant John Sopo, Corporal Jeffrey Allard
      and Patrolman Robert Gajewski for a job well done in handling a shooting
      incident on Birch Avenue that took place on March 16th.

8.    Two letters dated April 5, 2010, from Police Chief Miller to Mayor Stahura,
      regarding temporary parking restriction and stop signs to be posted during the
      upcoming turnaround at the BP refinery.

9.    Letter dated April 1, 2010, from Mayor Stahura to Ms. Karie Brudis of the
      Indiana Department of Natural Resources (DNR), requesting review of the City’s
      funding application through the Energy Efficiency and Conservation Block Grant
      Program.

10.   Notice dated January 2010 from the Illinois Environmental Protection Agency
      regarding a composting/recycling permit application filed by Calumet Organic
      Recycling Facility.

11.   Letter dated March 23, 2010, from the Historic Preservation Commission to
      National Shopping Plazas Inc., regarding repair of damaged drywall at their
      property at 1418-119th Street and inviting a meeting to discuss their plans for the
      building, which has been vacant for some time.

12.   Letter dated March 18, 2010, from the Indiana Department of Environmental
      Management (IDEM) regarding receipt of an air permit application from BP
      Products North America, Inc.-Whiting Business Unit.

13.   Letter dated March 16, 2010, from State Representative Shelli VanDenburgh to
      Indiana Mayors and Town Council Presidents, regarding House Bill 1059,
      currently awaiting the Governor’s signature. This bill would require county
      treasurers to issue provisional tax bills if the spring tax bills are expected to be
      late.

14.   Letter dated March 18, 2010, from Historic Preservation Commission Chairman
      Kark to Shaun O’Brien of Landmark Sign Group, regarding signage for Horizon
      Bank.

15.   Letter dated March 22, 2010, to property/business owners within the Historic
      Preservation District from the Whiting Redevelopment Commission, offering its
      50/50 matching program for façade renovation on properties within the District.


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       16.    Letter dated March 29, 2010, from SEH to Mayor Stahura, regarding a
              supplemental contract for the Lakefront Park Trail Connector for additional
              services for a fee of $4,200.00.

       17.    Letter dated March 10, 2010, from Mayor Stahura to Mr. John Dull, Lake County
              Attorney, regarding the Redevelopment Commission acquiring the property at
              1427 John Street, formerly the St. Mary’s convent, through tax sale certificate.

       18.    Flyer from the Whiting Police Department to area residents regarding parking
              changes on Schrage Avenue and Indianapolis Boulevard due to construction
              projects at the BP refinery. Residential stickers will be issued, along with visitor
              passes, for affected residents.

       19.    Copy of Baseball Tomorrow Fund $100,000 grant application, to help offset the
              costs of new baseball field construction in conjunction with the Lakefront Project.

Clerk-Treasurer Adam, City Attorney Sejna and Board Member Jakubowski had no
correspondence to report.

V. REPORT OF THE MAYOR
No report was given.

VI. RESOLUTIONS
None.

VII. REPORT OF THE CITY ATTORNEY
City Attorney Sejna reported under New and/or Unfinished Business.

VIII. REPORT OF THE ENGINEERING DEPARTMENT
Engineering Coordinator Kark reported on the following City projects:

      The fencing for the Bike Trail is 95% complete; landscaping has begun. Construction of
       the garbage/recycling area will begin shortly.
      SEH is putting together sketches for the NIPSCO substation access; hopefully their
       solution will be acceptable to all parties.
      Walk-through for the Bike Trail, from head to finish, will take place Wednesday. SEH,
       Region Signs and representatives from City Hall will all take part.




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      The American Structurepoint comprehensive plan including the Lakefront project was
       approved by the Whiting Plan Commission; the next step is getting Common Council
       approval.
      The infrastructure project is being bid today; there will be a preconstruction meeting with
       the successful bidder.
      The contractor is applying for dewatering permits to install the lines under the railroad
       tracks.

Mr. Hrinyo reported on the following:

      The Schrage Avenue Alley water main is hooked up at both ends and checked out okay;
       all service to homes are hooked up, and only the paving remains to be done.
      On the Cleveland Avenue Reconstruction Project, the brick crews are still removing
       brick; all the trees and curbs have been removed.
      Asbestos abatement is being done at the Cleveland Avenue Apartments prior to their
       demolition.

IX. NEW and/or UNFINISHED BUSINESS
Mayor Stahura presented the following Amusement Device License applications:

       1.     Midtown Station
              1928 New York Avenue
              submitted by owner Karen Holmes
              10 devices; total fee $500.00

       2.     Center Lounge
              1312-119th Street
              submitted by owner Karen Holmes
              2 devices; total fee $100.00

       3.     The Office
              2008 Indianapolis Boulevard
              submitted by owner Lynn Miskus
              2 devices; total fee $100.00

       4.     Gametime
              1708-119th Street
              submitted by owner Joan Kienzl
              2 devices; total fee $100.00



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Board Member Harbin moved to approve said Amusement Device License applications;
seconded by Board Member Jakubowski. Motion carried unanimously.

Building Commissioner Hrinyo presented a Demolition Order for property at 1427 John Street,
owned by Julio Garcia of Chicago. Mr. Hrinyo confirmed service of notice of said order and
hearing on the owner by certified mail. Mr. Hrinyo presented photos of the building, which has
been vacant over 10 years and damaged by fire. The roof leaks, causing interior water damage.
Mr. Hrinyo determined that the building is unsafe and a public nuisance, and recommended
demolition. City Attorney Sejna noted that the owner was not present at today’s hearing.

Board Member Jakubowski moved to affirm the Building Commissioner’s request for demolition
of the structure within 30 days. Board Member Harbin seconded the motion. Motion carried
unanimously.

Mr. Hrinyo will have the Demolition Order recorded, and will have demolition bid specifications
ready in the event the owner does not demolish the structure within 30 days.

Mayor Stahura presented Notice of Award and Notice to Proceed for removal of the asbestos
pipe insulation at 1620 Cleveland, issued to J & K Environmental of East Chicago. Mayor
Stahura signed and issued this document, which was also signed by the contractor, to complete
said work for a total cost of $6,250.00.

Board Member Harbin moved to ratify the action of Mayor Stahura in signing said Notice of
Award and Notice to Proceed, as presented. Board Member Jakubowski seconded the motion.
Motion carried unanimously.

Mayor Stahura presented a Public Works Project Agreement for the same project, which was
signed by the contractor and Building Commissioner Hrinyo.

Board Member Harbin moved to ratify the action of Building Commissioner Hrinyo in signing
said Public Works Project Agreement for asbestos removal at 1620 Cleveland Avenue. Board
Member Jakubowski seconded the motion. Motion carried unanimously.

Mayor Stahura presented a Public Works Project Agreement with D&B Construction to do work
on the Redevelopment Commission owned building at 1510-119th Street, for the sum of
$16,300.00. Building Commissioner Hrinyo signed the Public Works Project Agreement on
behalf of the City.




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Board Member Jakubowski moved to ratify the Building Commissioner’s signature on said
Public Works Project Agreement. Board Member Harbin seconded the motion. Motion carried
unanimously.

Mayor Stahura presented a Tag Day Application submitted by the Grand Knight Thomas Caco of
Whiting Knights of Columbus to solicit funds at various City locations on April 30th and May 1st.
Proof of Insurance will be faxed to the City if approved.

Board Member Harbin moved to approve said Tag Day Application, pending receipt of insurance
information. Board Member Jakubowski seconded the motion. Motion carried unanimously.

Mayor Stahura presented a Tag Day Application submitted by Roxanne Bartoszek of American
Legion Post 80 Auxiliary, to solicit funds on May 14th & 15th in front of local businesses.

Board Member Jakubowski moved to approve said Tag Day Application, as presented. Board
Member Harbin seconded the motion. Motion carried unanimously.

City Attorney Sejna stated that a 1998 Volvo involved in a seizure can either be used by the
Department for 3 years or the City can request that Attorney Glover handle the sale of the
vehicle, in which case the attorney will keep 20%, the Whiting Police Department will get 75%,
and the prosecutor’s office will get 5% of the sale price. Police Chief Miller stated that his
preference would be to use the vehicle. After three years, Attorney Glover must be contacted to
dispose of the vehicle.

City Attorney Sejna presented Legal Notice for Phase II of the parking lot project on the 1500
block of 119th Street. This is a Redevelopment Commission project, but the Board of Public
Works and Safety will be handling the advertisement and bidding. The proposed schedule would
be advertisement for bids on April 13th and April 20th, with bid-opening on May 4th.

Board Member Jakubowski moved to authorize this project and advertisement, as presented.
Board Member Harbin seconded the motion. Motion carried unanimously.

Mayor Stahura presented a proposal from Midwestern Electric to install a new light at Atchison
Park, for a total cost of $3,980.00; the cost will be funded from Park Department funds. Mayor
Stahura approved this proposal on April 1, 2010.

Board Member Harbin moved to ratify the action of Mayor Stahura in signing said Proposal.
Board Member Jakubowski seconded the motion. Motion carried unanimously.




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Mayor Stahura presented a Change Order for the 1500 block of 119th Street parking lot, Phase I.
The fence material was upgraded from the bid specs, for an increased cost of $2,870.00, bringing
the contract cost to $106,069.00. Mayor Stahura signed the Change Order on behalf of the City.

Board Member Harbin moved to ratify the signature of Mayor Stahura on said Change Order;
seconded by Board Member Jakubowski. Motion carried unanimously.

Mayor Stahura presented Change Order No. 1 prepared by SEH to create a new driveway behind
the homes on Schrage Avenue adjacent to the Bike Trail, fenced off from the trail, to allow for
trash/recycling pickup. The cost of this work will be $19,636.34.

Board Member Harbin moved to authorize said Change Order, as presented. Board Member
Jakubowski seconded the motion. Motion carried unanimously.

Mayor Stahura presented Pay Request No. 1 from Christopher Burke Engineering for work done
to date on the Cleveland Avenue Reconstruction Project, in the amount of $96,530.17. The City
Engineering Department and Clerk-Treasurer Adam have both reviewed this Request and found
it to be in order.

Board Member Jakubowski moved to approve Pay Request No. 1 for Christopher Burke
Engineering, as presented. Board Member Harbin seconded the motion. Motion carried
unanimously.

Mayor Stahura presented a new proposal for the Horizon Bank sign, with explanation as to why
the expanded size was originally requested. The new sign, which was significantly redesigned,
was approved by the Historic Preservation Commission.

Board Member Harbin moved to authorize Horizon Bank to install the modified signage, as
presented, pending receipt of proper permits from the Building Commissioner. Board Member
Jakubowski seconded the motion. Motion carried unanimously.

Mayor Stahura presented a letter dated April 6, 2010, from Building Commissioner Hrinyo
regarding bid comparison for demolition of 1620 Cleveland Avenue. After review, Mr. Hrinyo
recommended that the bid be awarded to the lowest responsive responsible bidder, CHS
Construction and Restoration LLC, for the bid amount of $42,000.00.

Board Member Jakubowski moved to accept the recommendation to award the bid for
demolition of the Cleveland Avenue Apartments to CHS Construction and Restoration, as
presented; and to authorize Mayor Stahura to issue Notice of Award and Notice to Proceed on
this project. Board Member Harbin seconded the motion. Motion carried unanimously.


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Mayor Stahura presented a letter dated April 6, 2010, from Building Commissioner Hrinyo
regarding quote comparison for demolition of 1642 Sheridan Avenue. Mr. Hrinyo recommended
that the quote be awarded to CHS Construction and Restoration LLC for a total cost not to
exceed $5,400.00.

Board Member Harbin moved to accept the recommendation to award the bid for demolition of
1642 Sheridan Avenue to CHS Construction and Restoration, as presented; and to authorize
Mayor Stahura to issue Notice of Award and Notice to Proceed on this project. Board Member
Jakubowski seconded the motion. Motion carried unanimously.

Mayor Stahura presented a Memorandum prepared by City Attorney Sejna regarding allegation
of ghost employment raised by Melissa Miller in her correspondence to the Board of Public
Works and Safety dated March 17, 2010. Ms. Sejna interviewed every sworn member of the
Whiting Police Department as part of her review, and found no evidence that a crime has
occurred. Mayor Stahura read the Memorandum aloud in its entirety. Mayor Stahura asked
Police Chief Miller to include the correspondence from Ms. Miller with the Memorandum from
City Attorney Sejna when sharing this information with his staff.

Board Member Harbin moved to accept the report of City Attorney Sejna as part of the official
record of the Board of Public Works and Safety. Board Member Jakubowski seconded the
motion. Motion carried unanimously.

Clerk-Treasurer Adam presented a letter from Detective Captain John Sotello regarding the
Whiting Police Department application for funding to equip an Interview Room, which will be
required by State law as of January 1, 2011. The amount of the grant would be $4,062.00; the
City portion would be $406.00.

Board Member Harbin moved to authorize application for funding to equip a Police Department
Interview Room, as presented. Board Member Jakubowski seconded the motion. Motion carried
unanimously.

X. PUBLIC DISCUSSION
Melissa Miller of 1238-119th Street asked how to apply for the 50/50 Redevelopment
Commission grant. She informed the Board of problems the residents of her block are having
with a homeless man, and stated that she will be installing a door to keep him out of the lobby of
her building.

Ms. Miller asked for a copy of the attorney’s report regarding ghost employment. She discussed
details of her allegations.


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City Attorney Sejna noted that she asked every officer if their responses would be any different if
asked to provide sworn testimony to the Indiana State Police. All indicated that it would not
make a difference.

XI. ADJOURNMENT
There being no further business to come before the Board, Board Member Jakubowski moved to
adjourn the meeting at 9:45 a.m. Board Member Harbin seconded the motion. Motion carried
unanimously.




                                             _________________________________________
                                             MARK S. ADAM, Clerk-Treasurer




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