CITY OF WHITING – APRIL 1, 2014
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 1, 2014 at 9:00 a.m. with Mayor Stahura presiding.
I. ATTENDANCE
The following Board members were present: Mayor Stahura and Board Member Harbin, Board
Member Jakubowski, also present were Clerk-Treasurer Haynes, City Attorney Sejna, Street
Commissioner Spebar, Utilities Director Tumo, Building Commissioner Hrinyo, Fire Chief
Danielides, Police Chief Miller, Economic Development Director Kark, Code Enforcement
Officer Rancich, City employee Norb Dudzik, Representatives from Mix Design, and Becky
Wajvoda of the Engineering Department.
Board Member Harbin made a motion for suspension of the rules to allow a public hearing
regarding a request from the Animal Warden. Board Member Jakubowski seconded the motion.
Motion carried unanimously.
Mayor Stahura read a letter in its entirety from Clerk Treasurer Haynes addressed to Mr. Bruce
Moll of 1727 Center Street for code enforcement violations involving his dogs. This letter states
he was asked to attend a hearing at the meeting being held today.
Attorney Sejna informs all members involved on how the hearing will proceed. Animal Warden
Jakubowski will present his case and then Mr. Moll will in turn present his case before the
Board.
Attorney Sejna states that even though Mr. Jakubowski is a Board member he is not to vote on
any portion of this hearing. If Mr. Moll or Mr. Jakubowski has any other witnesses, they will be
able to call them to make a statement or answer questions.
Mr. Jakubowski presents his case starting in 2011 when the Ordinance was passed and Mr. Moll
owned approximately seven dogs. The City Ordinance limits the number of animals per
household. Mr. Moll’s argument has always been that his dogs were grandfathered in. Mr.
Jakubowski stated that he has received numerous phone calls, had numerous Ordinance
violations, and that Mr. Moll care of this many dogs. Violations were noted as follows: March
10, 2014 there was a violation regarding animal waste, November 26, 2013 violation for animal
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waste. A case log to the police on August 12, 2013 complaining about an extremely foul stench
due to the dogs at Mr. Moll’s residence. November 10, 2013 police dispatched to 1449 119th
Street for dogs belonging to Mr. Moll running loose. August 6, 2013 Mr. Moll called because all
five of his dogs got out of the gate and were running loose and were picked up on 119th Street.
October 26, 2013, dogs got out of the yard again. September 24, 2011 dogs running loose again.
September 24, 2011 a Municipal Ordinance violation with restraint of animals and nuisance.
November 26, 2013 for animal waste. March 10, 2014 for animal waste. At this time, Mr.
Jakubowski presented a photo from the last call regarding the neglected animal waste disposal.
Police Chief Miller added that he cited Mr. Moll’s landlord, Mr. Haluska for dog ordinance
violation.
Mayor Stahura asked if Mr. Jakubowski had anything to add. With Mr. Jakubowski adding
nothing, Mr. Moll was given the opportunity to present his case.
Mr. Moll thanked the Board for the opportunity to present his case. Mr. Moll expressed his
opinion on what he thought grandfathering meant. The waste area is in a small area and he tries
his best to keep up with the maintenance of the area. Both times that he received a citation for the
animal waste, he complied and had it cleaned up within three days and is still clean. He is in the
process of finding homes for all his animals because his landlord informed him that he can no
longer have animals in his residence. He reassures the Board that he is diligently trying to find a
home for all his animals. Mr. Moll then states his intention on his future endeavors for the world.
Mr. Harbin asked Mr. Moll what the time frame was that his landlord gave him. He responded by
saying March 31, 2014. In response to this, Mr. Moll asked the Board and Animal Control for
any help they can give. If he cannot receive any help, he will have to surrender them to
Hammond and they will more than likely be put to sleep if they aren’t adopted. Mr. Moll asks for
assistance.
Mayor Stahura states that Mr. Moll has had multiple violations for more than one year. The most
recent violations are not just from a harsh winter, but go back three years which establishes an
ongoing problem.
Mayor Stahura states that an Ordinance is City law and all Ordinances are abided by. There are
strict guidelines to those laws and Mr. Moll is in violation of that law.
Mr. Jakubowski states that Animal Control has five kennels and four are currently occupied
leaving one available. Mr. Moll owns large breed dogs and it is posing a difficult problem
finding placement for them.
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Mayor Stahura agrees with Mr. Jakubowski to revoke the grandfathering of the animals, but
allow Mr. Moll an additional 30 days to find homes for the animals. If a home is not found for
the animals, the shelter will take one if the kennel is available. This ruling is subject to the
landlord’s discretion because they should have been removed already. If animals are still on
property in thirty days, animal control may remove them.
Board member Harbin made a motion to adopt the Animal Warden’s recommendation as well as
letting the owner keep the animals within City limits for an additional 30 days with the intention
of finding homes for the animals subject to the discretion of the landlord. If the animals are still
within City limits after 30 days, the owner will have to surrender them to Animal Control. Mayor
Stahura vacated the chair in this instance to vote, seconding the motion. Motion carried
unanimously.
Mayor Stahura returns the meeting to the regular order of business.
II. MINUTES
Mayor Stahura asked for consideration of the minutes of the March 18, 2014, regular Board of
Public Works and Safety meeting.
Board member Jakubowski moved to approve said minutes. Board Member Harbin seconded the
motion. Motion carried unanimously.
III. VOUCHERS
Mayor Stahura presented Water Utilities Accounts Payable Voucher Checks #966- #968 and
payroll No. 104-105 conclusive for approval.
Board Member Harbin moved to approve said Accounts Payable Voucher Checks and Payroll
for payment. Board Member Jakubowski seconded the motion. Motion carried unanimously.
IV. CORRESPONDENCE AND REPORTS
Mayor Stahura reported receipt of the following:
1. Report of the Building Commissioner, for the month of February and March,
2014 submitted by Building Commissioner, Mike Hrinyo.
2. Rental Application Report for the month of March 2014 submitted by Park
Department Superintendent, Marty Jakubowski.
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3. Two Zoning Opinions submitted by Zoning Administrator Harbin one dated
March 18, 2014 and one March 31, 2014.
4. One Ordinance Code Violations submitted by Code Enforcement Officer Rancich.
5. Memorandum from StructurePoint, Inc. that generally states that Gariup
Construction was the lowest bidder for the Park Entry Monuments and are waiting
for additional documentation for the awarding.
6. Public Notice issued by BP Whiting Business Unit giving information regarding
date and location for Public Meeting and Extension of Comment Period for Class
3 Permit Modification.
7. Letter dated March 18, 2014 from BP to all vendors, suppliers, and subcontractors
stating they comply with discrimination and affirmative action requirements.
8. Thank you letter from the Whiting Elks for the City’s participation in their
Recruit Christmas Dinner.
9. Email dated March 28, 2014 from Robert Maule of 1519 John Street thanking
Firemen Nate Sabol and Jim Muratori for services and assistance.
10. Letter dated March 18, 2014 from the Fourth of July Parade and Festival
Committee to the Hammond Board of Public Works regarding the parade route
and applications for the Fourth of July Parade.
11. Letter from Captain Bruce Stolman of the Fire Department announcing his
retirement effective May 19, 2014.
12. Letter dated February 15, 2014 from Calumet College of St. Joseph’s regarding
Enterprise Expansion Opportunity Network and the City has agreed to be part of
this program.
V. REPORT OF THE MAYOR
Mayor Stahura reported that he would be out of town next week April 8-14th.
Easter Parade and Hunt on Saturday April 12, 2014.
Chamber of Commerce Easter festivities.
VI. RESOLUTIONS
None.
VII. REPORT OF THE CITY ATTORNEY
None.
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VIII. REPORT OF THE ENGINEERING DEPARTMENT
Economic Development Director Kark reports:
 Pre-Construction meeting for the Trail Project April 2, 2014.
 Gariup Construction concerning the Park Monument bid award recommendation
from Structurepoint had one issue to resolve that will be discussed in New
Business.
Building Commissioner Hrinyo reports:
 Gariup Construction started on T-ball field.
 Community Center drawings have been sent to Indianapolis.
IX. NEW and/or UNFINISHED BUSINESS
Mayor Stahura presented a Notice of Award to Gariup Construction for the Park Monument
project. The Board received a letter from StructurePoint, Inc. stating that they were the lowest
responsible bidder pending receipt of pending documents.
Board Member Jakubowski made a motion to approve the Notice of Award pending the receipt
of documents. Board Member Harbin seconded the motion. Motion carried unanimously.
Attorney Sejna presented an Intralocal Agreement between the Board of Public Works and
Safety and the Redevelopment Commission giving the Commission permission to authorize the
Building Commissioner for the next five years to solicit quotes for demolition. In the Agreement,
the Redevelopment Director notifies the Building Commissioner when the title is obtained and
the property is being demolished and the Building Commissioner will follow the applicable
statute whether to solicit quotes or bids. The Redevelopment Commission remains owner of the
property and pays for all demolition costs. Attorney Sejna recommends approval of Agreement.
Board Member Jakubowski made a motion to approve the Interlocal Agreement. Board Member
Harbin seconded the motion. Motion carried unanimously.
Board Member Harbin presented a Sign Permit Application submitted by Lora Shade for
property at 1345 119th Street.
Board Member Jakubowski made a motion to approve sign permit. Board Member Harbin
seconded the motion. Motion carried unanimously.
Mayor Stahura read a letter dated April 1, 2014 from Mr. Kark to the Board of Public Works.
November 3, 2010 the Board suspended L&S Electric for bidding on any City projects due to the
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fact they have not returned three light poles they borrowed from the City on August 26, 2010.
These poles were finally returned/replaced on March 24, 2014.
Board Member Jakubowski made a motion to approve the removal of the suspension for future
bidding. Board Member Harbin seconded the motion. Motion carried unanimously.
Mayor Stahura presented a request from yoga instructor Dave Potesta to commence Yoga in the
Park starting the first Sunday in June and ending the last Sunday in September from 9-10 am,
weather permitting. He will not be an employee, he will be compensated through donations.
Board Member Harbin made a motion to approve the request. Board Member Jakubowski
seconded the motion. Motion carried unanimously.
Mayor Stahura presented a contract with Christopher Burke Engineering, LLC for construction
and supervision of the 117th Street Sewer and Water Main Project. This will also include
construction and supervision for the Atchison Avenue sidewalk replacement and ramp
replacement. Total for contact is $141,000.00 being paid from the first Sanitary District Bond.
Board Member Harbin made a motion to approve contract. Board Member Jakubowski seconded
the motion. Motion carried unanimously.
Mayor Stahura presented Amendment #8 from StructurePoint LLC. For the Lake Front contract
for construction management and construction services in the amount of $154,150.00. This is
broken down into several different funds.
Board Member Harbin made a motion to approve. Board Member Jakubowski seconded the
motion. Motion carried unanimously.
Mayor Stahura presented a Notice to Proceed for Midwestern Electric. They were awarded the
bid for work on the 119th Street Gateway Project. Mayor Stahura requests approval to sign
notice.
Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
Mayor Stahura presented an Agreement with Midwestern Electric for the 119th Street Gateway
Project. Mayor Stahura requests authority to enter Agreement.
Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
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Mayor Stahura presented Even Permit Application submitted by the Alternate Power Initiative
for May 31, 2014 from 10:00 am – 5:00 pm. Special requirement is the use of the Chamber of
Commerce sound system.
Board Member Harbin made a motion to approve. Board Member Jakubowski seconded the
motion. Motion carried unanimously.
Mayor Stahura presented Even Permit Application submitted by Norb Dudzik for the Farmer’s
Market to be held May 3 – October 25, 2014 from 7:00 am – 3:00 pm. Special requirements are
farmers parking only for 10 minutes and signs in front of City Hall.
Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
Mayor Stahura presented Even Permit Application submitted by the Lions Club for Cruise Night
to be held May 21, June 18, July 16, August 20, September 17, and October 15, 2014 from 5:00
pm – 9:00 pm. Special requirements are to close Oliver at 119th Street alley on May 21, June 18,
and July 16, 2014, two port-a-potties one on Oliver and one on New York corners, barricades,
recycle cans, and garbage cans.
Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
Attorney Sejna requests approval for all further phases for the contract with Vavrak Architecture
to begin on the Community Center Project.
Board Member Harbin made a motion to approve. Board Member Jakubowski seconded the
motion. Motion carried unanimously.
Attorney Sejna presented a legal notice for advertisement for bids for the next phase in the
Whiting Lakefront Project Phase VI, formal garden improvements. Advertising dates of March
25, 2014 and April 1, 2014, mandatory pre bid meeting on April 2, 2014 and bid opening on
April 15, 2014.
Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
Attorney Sejna requests approval for the Berglund to proceed with the next phase of the contract
which is construction management of the Community Center Project.
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Board Member Jakubowski made a motion to approve. Board Member Harbin seconded the
motion. Motion carried unanimously.
Attorney Sejna presented a proposal from Polygon regarding options for the roof of the gazebo.
They have presented a composite slate option. It contains the discount price for being members
of the NJPA and includes the total cost of $36,672.00. This type of roof comes with a 50 year
guarantee. Attorney Sejna recommends approval of proposal.
Board Member Harbin made a motion to approve. Board Member Jakubowski seconded the
motion. Motion carried unanimously.
Attorney Sejna presented information presented to the Board from contractor Context regarding
working on the Lake Front Project at the railing wall. Shawnee Steel has provided a quote for ¼
inch railing totaling $187,920.00. Attorney Sejna is requesting authorization of this purchase
based on two special purchasing statues. The first one is IC 5.22.10-8 which is the compatibility
of equipment which they have fabricated to match perfectly. The second is IC 22.10.13 is the
sole source because Shawnee Steel has the steel locked up and ready to use. Without this being
fixed, the bike path walk/road way is dangerous. Attorney Sejna requests authorization of this
special purchasing method.
Board Member Harbin made a motion to approve. Board Member Jakubowski seconded the
motion. Motion carried unanimously.
Building Commissioner Hrinyo presented a proposal date March 11, 2014 from Safe
Environmental Corp. who are removing the layers of flooring of the Community Center Lobby.
This is a change order for another layer of flooring discovered under the top layer. The total is
for $23,583.00. Building Commissioner Hrinyo requests authorization to ratify change order.
Board Member Jakubowski made a motion to ratify. Board Member Harbin seconded the
motion. Motion carried unanimously.
Building Commissioner Hrinyo presented sealed quote document package for the demolition of
1942 New York Avenue and 1733 119th Street. They were mailed on March 31, 2014 with a
return date of April 15, 2014 at 9:00 a.m.
X. PUBLIC DISCUSSI ON
None.
XI. ADJOURNMENT
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There being no further matters to come before the Board of Public Works and Safety, Board
Member Jakubowski moved to adjourn the meeting at 9:52 a.m. Board Member Harbin
seconded the motion. Motion carried unanimously.
_________________________________________
John T. Haynes, Clerk-Treasurer
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