REGULAR MEETING OF THE MISHAWAKA
BOARD OF PUBLIC WORKS AND SAFETY/UTILITY BOARD
December 17, 2013

 

The regular meeting of the Board of Public Works and Safety/Utility Board was called to order by President Gary West at 10:02 a.m. All members were present. Mr. Prince moved to dispense with the reading of the minutes of December 10, 2013, and accept them as circulated. Mr. Watson seconded; motion carried.

Bid Opening:
One bid was received for one (1) light duty dump truck with front mounted snow plow and v-box salt spreader for the Street Department and is summarized below:

BIDDER AMOUNT
Selking International, South Bend  
2015 International TerraStar $95,269.90
Trade in: 2000 4 X 4 mini dump truck - 3,500.00
Trade in: 2004 4 X 4 Explorer - 2,000.00
TOTAL minus trade-ins: $89,769.90
Delivery: 120 days  
Discount: 22%  

Mr. West said this bid will be forwarded to the Street Department for their review and recommendation.

Mayor’s Comments:
Mayor Wood was not available for today’s Board meeting. Mr. West announced a brief staff meeting would follow today’s Board meeting.

Department Head Reports:
Fire Chief Dale Freeman preferred the following charges against Driver/Operator Eric L. Hazen of the Mishawaka Fire Department:

  1. Conviction of Crimes (Indiana Code 36-8-3-4(b)(1)): On December 2, 2013, in the St. Joseph (Indiana) Superior Court, Eric L. Hazen was found guilty of Intimidation, Class A Misdemeanor, and Resisting Law Enforcement, Class A Misdemeanor.
  2. Conduct Injurious to the Public Peace or Welfare (Indiana Code 36-8-3-4(b)(2)(G)): On or about the 21st day of September, 2013, St. Joseph County Police Officers were dispatched to Eric L. Hazen’s home located at 10654 Dunn Road in Osceola, Indiana. The officers report that during their interaction with Mr. Hazen there, he displayed hostility toward the officers, repeatedly used profane language, refused to cooperate with lawful commands and instructions, threatened to do physical harm to the officers, instigated and engaged in a physical confrontation with the officers, and resisted lawful arrest.
  3. Violation of the Code of Ethics of the Mishawaka Fire Department Standard Operating Guidelines. The above-referenced behavior is in contradiction of each member’s oath to “remember that I am in the eyes of the public on and off duty and shall conduct myself in a manner that is a credit to the Department.”

Chief Freeman said in light of these charges, he recommends the Board of Public Works and Safety terminate Mr. Hazen’s employment with the Mishawaka Fire Department.

Mr. West outlined the events preceding today’s actions. He said Firefighter Eric Hazen was placed on Administrative Leave without pay on October 15, 2013, pursuant to Indiana Code 38-3-4(n). At that time, any further action of the Board was stayed until the disposition of the criminal charges in the trial court.

Mr. West said the trial court has come to the final disposition of the criminal charges against Firefighter Eric Hazen, therefore, the Board of Public Works and Safety can accept the charges preferred by Fire Chief Dale Freeman.

The Board would ask Fire Chief Dale Freeman or his designee to inform in writing Firefighter Eric Hazen that charges have been preferred against him and that these charges are asking for dismissal. Also, that the Board of Public Works and Safety is offering Firefighter Eric Hazen the opportunity for a hearing. Firefighter Eric Hazen must also be notified that he has five (5) days to request a hearing before the Board of Public Works and Safety.

Mr. West said if a hearing is requested by Firefighter Eric Hazen, then a hearing date will be set at the next regular meeting of the Board of Public Works and Safety. Once the hearing date is set, a notice must be delivered to Firefighter Eric Hazen as outlined in Indiana Code 38-3-4(c).

Mr. West also would suggest that when Firefighter Eric Hazen is notified that charges have been preferred against him, that a full copy of Indiana Code 38-3-4 be given to him at this time.

Mr. Prince moved to accept the preferred charges against Firefighter Eric Hazen as submitted by Fire Chief Freeman. Mr. Watson seconded; motion carried.

Human Resources Director Bonham requested the Board approve a one-year Memorandum of Understanding for 2014 with Wipperman Occupational Health to provide work-related injury treatment and management, drug screenings, laboratory tests and screenings, pre-employment, PERF and periodic physicals and fitness for duty testing for Mishawaka Police, Fire, and Central Services, and designate the Director of Human Resources as signatory. Mr. Watson moved to approve as presented. Mr. Prince seconded; motion carried.

Mrs. Bonham presented a contract renewal for the New Avenues Employee Assistance Program (EAP) and Definition of Eligibility for the calendar year 2014, and requested the Human Resource Director be designated as the signatory to the agreement. She also said there will be a $.03 increase in the per capita cost of the services bringing the per capita to $2.65. Mr. Watson moved to approve as presented. Mr. Prince seconded; motion carried.

City Planner Ken Prince presented Change Order No. 2 from Selge Construction for Riverwalk Improvements and Extension for an increase of $102,720.09 for a new contract amount of $1,305,464.21, and moved for its approval. Mr. Watson seconded; motion carried.

Mr. Prince presented a Professional Services Agreement with Orion Group to provide project management and technology consulting services for the Riverwalk video surveillance system for an hourly rate, total of which is not-to-exceed $23,375.00, and moved for its approval. Mr. Watson seconded; motion carried.

Engineering Director Gary West presented Supplemental Agreement No. 2 from Lawson-Fisher Associates for additional construction engineering services on West Street Phase II for an increase of $32,210.00 for a new not-to-exceed amount of $235,670.00, and moved for its approval. Mr. Watson seconded; motion carried.

Mr. West requested the Board approve plans and sign the cover sheets for Twin Branch and Beiger Elementary Schools sidewalk improvement projects prepared by DLZ, and moved for their approval. Mr. Prince seconded; motion carried.

Mr. West presented Change Order No. 1 Final from Selge Construction for Fulmer Road Area Improvements for an increase of $83,518.96 for a final contract amount of $785,375.26, and moved for its approval. Mr. Watson seconded; motion carried.

Mr. West also reminded everyone that next week’s Board meeting will be held on Monday, December 23, due to the Christmas holiday.

Approval of Claims:
There were no claims to approve.

New Business:
There was no new business.

Old Business:
Mishawaka Utilities Complaint Resolution Appeal Form received from Varin/River Pointe, LLC, regarding 10” water meter at River Pointe Apartments, 350 Bercado Circle, continued under advisement.

A request for Notice of Recognition of Encroachment submitted by Bethel College for installation of a directional sign on Lowell Avenue continued under advisement.

A request submitted by ASAP Towing Services for Towing Services Contract continued under advisement.

Public Comments:
James Elliott, President, Mishawaka Firefighters Association Local #360, asked if the recommendation was that of the Board of Public Works or the recommendation of Chief Freeman. Mr. West indicated it was Chief Freeman’s recommendation.

Mr. Elliott asked if Mr. Hazen was terminated yet. Mr. West said no.

Eric L. Hazen said he was formally requesting a hearing on the charges brought against him (provided a letter to the Board). Mr. West said a hearing date will be set at the next Board meeting to be held Monday, December 23, 2013 at 10:00 a.m.

Mr. Hazen asked how he would be notified. Mr. West said he would be notified by mail.

Mr. Prince said a hearing date must be set within a certain time period and the Board will work with counsel to determine a date that works for both parties.

Unfinished Business:
There being no additional business brought before the Board, the meeting was adjourned at
10:25 a.m.

Gary West – President of the Board of
Public Works and Safety/Utility Board

Kari Myers - Clerk of the Board of
Public Works and Safety/Utility Board