REGULAR MEETING OF THE MISHAWAKA

BOARD OF PUBLIC WORKS AND SAFETY/UTILITY BOARD

August 25, 2009

 

 

The regular meeting of the Board of Public Works and Safety/Utility Board was called to order by President Gary West at 10:08 a.m.  Mr. Prince moved to dispense with the reading of the minutes of August 18, 2009, and accept them as circulated.  Mr. Watson seconded; motion carried.

 

Bid Openings:

Bids were opened for the demolition of 317 W. First Street and are summarized below:

 

 

 

 

 

COMPANY

 

 

 

BASE

QUOTE

 

 

TIME

TO

COMP.

ALT. 1

REMOVE

DRIVE &

INSTALL

CURB

 

 

TIME

TO

COMP.

ALT. 2

REMOVE

TREES/

REPLACE

SIDEWALKS

 

 

TIME

TO

COMP.

 

 

 

TOTAL

QUOTE

Alva Enterprises

$33,497.00

30 days

$1,400.00

30 days

$2,900.00

30 days

$37,797.00

C & E Excavating

$23,134.00

30 days

$   709.00

 5 days

$3,980.00

  7 days

$27,823.00

Torok Excavating

$24,750.00

30 days

$   750.00

30 days

$3,220.00

30 days

$28,720.00

R & R Excavating, Inc.

$39,530.00

To spec

$4,900.00

 

$4,450.00

 

$47,530.00

Ritschard Bros., Inc.

$29,365.00

30 days

$2,682.00

35 days

$5,616.00

45 days

$37,663.00

Indiana Earth

$27,800.00

30 days

$2,105.00

10 days

$7,481.00

10 days

$37,386.00

 

Mr. West indicated that these quotes will be taken under advisement for review, evaluation, and recommendation by the Community Development Department.

 

Bids were opened for the demolition of 109 W. Front Street and 207 N. Mill Street and are summarized below:

 

 

 

COMPANY

 

 

109 W. FRONT ST.

 

 

207 N. MILL ST.

 

SOIL STABILIZATION

AND SEEDING

 

 

TOTAL QUOTE

R & R Excavating, Inc.

$10,905.00

$38,515.00

$5,000.00

$54,420.00

C & E Excavating

$  6,188.25

$13,080.00

$2,182.00

$21,396.25

Ritschard Bros., Inc.

$  9,461.00

$30,015.00

$1,243.00

$40,719.00

Torok Excavating

$  9,189.00

$21,420.00

$1,900.00

$32,509.00

 

Mr. West indicated that these quotes will be taken under advisement for review, evaluation, and recommendation by the Engineering Department.

 

Mayor’s Comments:

Mayor Rea announced that a brief staff meeting would follow today’s Board meeting. 

 

Department Head Reports:

Police Chief Ken Witkowski introduced Cpl. Eric Beckham as the recipient for “Officer of the Second Quarter”.  Chief Witkowski said Cpl. Beckham, who is assigned to the Investigative Division – Metro Special Operations Section, was instrumental in several lengthy investigations that led to the arrest of four drug dealers, an indoor marijuana grow operation and the seizure of numerous guns.  He also said Cpl. Beckham’s work ethic and tenacity in targeting illegal drugs and gun sales in our community is greatly appreciated and should be recognized.

 

Chief Witkowski requested the Board’s approval to promote Probationary Officers Franklin Ennis and Joshua Mortimore to the rank of Patrol Officers with the Uniform Division effective August 26, 2009.  Mr. Prince moved to promote Probationary Officers Franklin Ennis and Joshua Mortimore to the rank of Patrol Officers effective August 26, 2009.  Mr. Watson seconded; motion carried.

 

Chief Witkowski also requested the Board’s approval to place Sgt. Joseph Kasznia on Administrative Leave with pay until further notice, retroactive to August 19, 2009, due to circumstances involving an incident on August 19, 2009 resulting in the discharge of his weapon while on a SWAT call.  Mr. Watson moved to place Sgt. Joseph Kasznia on Administrative Leave with pay retroactive to August 19, 2009.  Mr. Prince seconded; motion carried.

 

Fire Chief Dale Freeman requested the Board’s approval of the five-year Third Party Service Agreement with AccuMed Billing, Inc., and AccuMedWeb.Com,LLC, Subscription Agreement and designate the Fire Chief as signatory, effective August 25, 2009.  Mr. Prince moved to approve the Third Party Service Agreement with AccuMed Billing, Inc., and AccuMedWeb.com, LLC, subscription agreement and designate the Fire Chief as signatory.  Mr. Watson seconded; motion carried.

 

Chief Freeman requested that Firefighter Sam Bailey be promoted from his current rank of Master Firefighter to the rank of Driver/Operator effective August 25, 2009.  Mr. Prince moved to promote Master Firefighter Sam Bailey to the rank of Driver/Operator effective August 25, 2009.  Mr. Watson seconded; motion carried.

 

Chief Freeman requested that Jeffrey M. Hums be transferred from the Fire Department Suppression Division to the Fire Department EMS Division effective August 24, 2009.  His rank of Master Firefighter shall change to Paramedic in the Fire Department EMS Division.  Mr. Watson moved to promote Jeffrey M. Hums from Master Firefighter in the Fire Department Suppression Division to that of Paramedic in the Fire Department EMS Division.  Mr. Prince seconded; motion carried.

 

Park Superintendent Mike Faulkner submitted a request for tree and stump removal at 824 Fairmount.  The Park Department landscaper has analyzed the tree and recommended its removal.  Mr. Watson moved for the Board’s approval to remove the tree and stump at 824 Fairmount.   Mr. Prince seconded; motion carried. 

 

Wastewater Division Manager Karl Kopec said the City’s consultant, Greeley and Hansen, has reviewed the bids for the High Efficiency Aeration Blower Project and the lowest, most responsive and responsible bidder was Mason Engineering and Construction and asks the Board to accept their bid of $197,900.00 conditioned upon the approval by the Indiana Finance Authority for project financing under the SRF program and so notify said company of the Board’s “Intent to Award.”  Mr. Prince moved to approve.  Mr. Watson seconded; motion carried.

 

Human Resources Director Tara Antonucci presented a one year Memorandum of Understanding with Wipperman Occupational Health to provide periodic physicals to the selected groups of the Mishawaka Police and Fire Departments and requested that the Board designate the Director of Human Resources as signatory.  Mr. Watson moved for the Board’s approval of the Memorandum of Understanding with Wipperman Occupational Health to provide physicals to the Mishawaka Police and Fire Departments and designate the Director of Human Resources as the signatory.  Mr. Prince seconded; motion carried.

 

Ms. Merriman also presented a one year Memorandum of Understanding with Wipperman Occupational Health to provide work related accident and illness treatment to the selected groups of the Mishawaka Police and Fire Departments and requested that the Board designate the Director of Human Resources as signatory.  Mr. Prince moved for the Board’s approval of the Memorandum of Understanding with Wipperman Occupational Health to provide work related accident and illness treatment to the Mishawaka Police and Fire Departments and designate the Director of Human Resources as the signatory.   Mr. Watson seconded; motion carried.

 

Engineering Director Gary West requested the Board’s approval to award the Mishawaka Avenue Streetscape project to Rieth-Riley Construction Co., Inc., the lowest, most responsive and responsible bidder, in the amount of $386,156.99, and moved for the Board’s approval.  Mr. Prince seconded; motion carried.

 

Mr. West presented Supplemental Agreement No. 1 to the Professional Services Agreement with First Group Engineering, Inc., for ARRA Project No. 5, Bremen Highway – Ireland to US 20, if surplus funds are available, for an increase of $15,000.00 making the new not-to-exceed agreement $86,000.00 and moved for its approval.  Mr. Watson seconded; motion carried.

 

Mr. West presented two (2) Sanitary Sewer Reimbursement Agreements with St. Pius Church and moved for the Board’s approval.  Mr. Prince seconded; motion carried.

 

Mr. West requested the Board approve plans and authorize receipt of bids for Mill Street and Mill Street Parking Lot Improvements to be opened September 15, 2009 and moved for the Board’s approval.  Mr. Watson seconded; motion carried.

 

Mr. West requested the Board accept the Storm Sewer Easement from Marion High School and moved for its approval.  Mr. Prince seconded; motion carried.

 

Mr. West requested the Board authorize receipt of bids for Northwest Trunk Gravity Sewer Rehabilitation to be opened September 15, 2009 and moved for the Board’s approval.  Mr. Watson seconded; motion carried.

 

Mr. West presented Change Order No. 5 from Rieth-Riley Construction Co., Inc. for the Main Street Underpass Project, Phase II, for a decrease of $105,061.41 making the new not-to-exceed amount of this construction contract $13,707,765.16 and moved for its approval.  Mr. Prince seconded; motion carried.

 

Mr. West presented Resolution 2009-07 amending the Firefighters/EMS Light Duty Guidelines to create a more efficient use of the light duty program.  Mr. Prince moved to approve Resolution 2009-07 amending the Firefighters/EMS Light Duty Guidelines.  Mr. Watson seconded; motion carried.

 

Mr. West presented Resolution 2009-08 establishing guidelines when a police officer is required to submit a physician’s statement confirming illness or inability to permit duties.  Mr. Watson moved to approve Resolution 2009-08.  Mr. Prince seconded; motion carried.

 

Approval of Claims:

City Controller Yvonne Milligan requested payment approval of claims for Utilities and Civil City as listed below:

 

#900255          $   330,189.15             #900267          $         368.18

#900256          $   436,625.78             #900268          $   825,030.07

#900257          $   760,928.95             #900269          $      5,917.75

#900258          $   102,249.98             #900270          $           55.00

#900259          $5,060,881.46             #900271          $   910,151.02

#900260          $       9,670.95             #900273          $         386.15

#900263          $   271,192.41             #900274          $      3,247.05

#900264          $         318.00              #900275          $           53.47

#900265          $   176,406.51             #900277          $         105.00

#900266          $   101,433.67

 

NOTE ONLY:

#900254                      Park Docket

#900261                      Park Docket

#900262                      Park Docket

#900272                      Park Docket

#900276                      Park Docket

 

Mr. Watson moved to approve the aforementioned claims.  Mr. Prince seconded; motion carried.

 

New business:

Mr. West made a motion to approve the Mishawaka High School Homecoming Parade scheduled for Friday, September 11, 2009, with no rain date, between the hours of 1:30 and 3:00 p.m.  The route will be the same as in past years (LWE to Main, Main to Mishawaka Avenue, Mishawaka Avenue to Studebaker).  The bonfire is scheduled for Wednesday, September 9, 2009, at small basement diamond, Merrifield Park.  Mr. Prince seconded; motion carried. 

 

Open Items:

Hearing for Fraternal Order of Police Grievance 2009-07 is scheduled for Tuesday, September 1, 2009, at 11:00 a.m. in Room 106.

 

Public Comments:

There were no public comments.

 

Unfinished Business:

There being no additional business brought before the Board, the meeting was adjourned at 10:57 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

 

 



RESOLUTION  NO. 2009 - 07

A RESOLUTION of the BOARD OF PUBLIC WORKS AND SAFETY

AMENDING THE FIREFIGHTERS/EMS LIGHT DUTY GUIDELINES

 

 

            WHEREAS, a policy was enacted, by resolution, on April 9, 2002 for the purpose of establishing guidelines for the use of firefighters who are partially unable to perform the essential functions of their job; and

 

WHEREAS, the City recognizes that changes should be made to the current guidelines to create a more efficient use of the light duty program.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety that we do hereby adopt the attached light duty guidelines for the Mishawaka Fire and EMS Department.

 

PASSED by the Board of Public Works and Safety of the City of Mishawaka, Indiana, on this ______ day of _________________, 2009.

 

 

 

 

BOARD OF PUBLIC WORKS AND SAFETY

Mishawaka, Indiana

 

____________________________

Gary E. West

 

____________________________

Ronald E. Watson

 

____________________________

Ken Prince

 

 

ATTEST:

________________________

Kari Myers, Clerk of the Board

 



Firefighters/EMS Light Duty Guidelines

 

            This policy establishes a light duty work status and guidelines for its utilization in the Mishawaka Fire/EMS Department.

 

1.            Subject to the needs and best interests of the department as determined by the Chief, light duty may be assigned during periods of time when employees of the Mishawaka Fire/EMS Department (hereinafter referred to as “Employees) are certified by a physician as unable to perform the essential functions of their job and are under the continuing treatment and care of a physician.

 

2.            Light Duty is a temporary status available only during periods of temporary disability and is not available for extended periods of time.

 

3.            The availability of light duty in any situation shall be determined exclusively by the fire chief who shall consider the number of employees on light duty status, the availability of light duty work, and the recommendation of the employee’s physician and/or a physician specified by the Fire Chief.

 

4.            Light duty shall include duties such as:

a.    Office duties, such as answering telephones, updating pre-plans, assisting office personnel, and helping the fire inspection bureau.

b.    On-site fire inspections.

c.    Delivering fire department supplies.

d.    Picking up parts for mechanics.

e.    Driving Unit 104.

f.     Assisting the Officer in Charge.

g.    And, such other duties as the Fire Chief may deem appropriate.

 

5.            At the Chief’s sole discretion, a firefighter may be required to consult with a physician of the City’s choosing.  The physician chosen by the City shall certify to the Fire Chief that the employee is able to perform any and all of the light duty functions described hereinabove with any exclusions or exceptions to be stated in writing.  The certification shall be in the form attached hereto and shall be signed by the physician.

 

6.            Employees on light duty status shall not be required to participate in on-scene rescue or fire suppression duties.

 

7.            The work schedule for employees on light duty status shall be determined by the Fire Chief; provided, however, light duty shall not consist of more than 40-hours per week and 5-days per week, from Monday through Friday, 8:00 to 4:30, and shall be consistent with any conditions or limitations recommended by the City’s chosen physician.

 

 



RESOLUTION NO. 2009 - 08

 

A RESOLUTION OF THE

BOARD OF PUBLIC WORKS AND SAFETY

 

 

Whereas, Article X of the Collective Bargaining Agreement between the City of Mishawaka and the Mishawaka Fraternal Order of Police, Lodge 91, states “During illness, a police officer’s pay shall continue for a maximum of sixty (60) working days, subject to the right of the Board of Public Works and Safety to require a physician’s statement confirming the police officer’s illness and his inability to perform his duties. Medical disabilities shall be determined by the police officer’s Pension Board.”

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF MISHAWAKA, INDIANA, that:

 

The Board hereby directs the Police Chief or his appointed designee to implement the following procedures outlining when a physician’s statement will be required:

 

  1. Police officers shall be allowed three (3) unexcused sick days per calendar year. For the purposes of this policy, “unexcused” means that the absence was due to sickness and no physician’s statement was turned-in. Sick days in excess of three (3) days per year shall require “a physician’s statement confirming the police officer’s illness and his inability to perform his duties during his current absence” if the police officer’s pay is to be continued.

 

  1. Police officers who incur more than three (3) unexcused sick days who are unable to provide a physician’s statement shall have their pay reduced by the applicable hourly rate of their respective rank multiplied by the total hours off work.

 

  1. If a police officer has a contractual random day available: no more than one (1) random day can be used to cover one (1) additional unexcused absence. The police officer must request in writing this random day be applied to cover this day of sickness within 24 hours of returning to work.

 

  1. If a member of the police department is absent from work for a period of more than one (1) month under a physician’s care, the Board of Public Works and Safety shall be notified in writing by the Police Chief or his/her designee of the member’s status and expected date of return to work. The Board of Public Works and Safety may convene the Mishawaka Police Pension Board at any time following such one- month notification.

 

  1. Whenever a police officer is disciplined for any time off without pay the Chief shall notify the Board of Public Works and Safety.

 

  1. No documentation in violation of the H.I.P.A.A. Act shall be required of the employee, only the physician’s statement declaring the employees inability to perform his duties for his current absence.

 

PASSED by the Board of Public Works and Safety of the City of Mishawaka, Indiana, on this ______ day of _________________, 2009.

 

 

                                                            BOARD OF PUBLIC WORKS AND SAFETY

                                                            Mishawaka, Indiana

 

                                                            ____________________________

                                                            Gary E. West

 

                                                            ____________________________

                                                            Ronald E. Watson

 

                                                            ____________________________

                                                            Ken Prince

 

 

ATTEST:

________________________

Kari Myers, Clerk of the Board



RELEASE TO PERFORM LIGHT DUTY FUNCTIONS

 

 

I certify that firefighter _________________________________________       is able to perform the following examples of light duty functions with any exceptions or restrictions listed in the space provided below.

 

          Office duties, such as answering telephones, updating pre-plans, assisting office personnel, and helping the fire inspection bureau

 

          On-site fire inspections

 

          Delivering department supplies

 

          Picking up parts for mechanics

 

          Driving unit 104

 

          Assisting the officer in charge

 

          Other duties (explain) ____________________________________

            _____________________________________________________

            _____________________________________________________

 

Physician’s specific restrictions: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

 

                                                                        Signed:__________________________

Physician

 

__________________________

Date