REGULAR MEETING, BOARD OF SANITARY DISTRICT COMMISSIONERS WEDNESDAY, AUGUST 27, :00 P.M E. EIGHTH STREET

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1 REGULAR MEETING, BOARD OF SANITARY DISTRICT COMMISSIONERS WEDNESDAY, AUGUST 27, :00 P.M E. EIGHTH STREET The meeting was called to order at 4:00 p.m. in the Board Room of the Administration Building, 1100 E. Eighth Street, by the President of the Board, Michael W. Gonder. Commissioners present for the meeting were Holt L. Edinger, Michael W. Gonder, Frank R. Harris, and Charles G. Peller, Jr. Commissioner Garry L. Mitchell, Sr. was absent. Staff Members present for the meeting were: Michael P. Kuss, General Manager Milorad Milatovic, Water Reclamation Superintendent Doretha M. Sanders-Malone, Administrative Director Tina M. Tabisz, Administrative Assistant William J. McNeill, Assistant Superintendent of Operations & Maintenance James L. Kintzele, Sr., Refuse Superintendent Terry L. Blanch, Refuse Foreman James B. Meyer, Legal Counsel Also present for the meeting were: Yvonne Hoffmaster, Deputy City Controller Jeff Deuitch, Human Rights Director John Doyle, John A. Doyle & Associates Tim Haas, Haas & Associates Jim Maurer, Haas & Associates Tom Weinmann, Haas & Associates Tony Kenning, DLZ Paul Vicari, Land & Resource Management Group Steve Stanford, Weaver Boos Consultants Andre Steele, Access La Porte County (allcommunity.org) Minutes Mr. Gonder entertained a motion on the matter of minutes. Mr. Peller made a motion to approve the minutes of the Regular Meeting of July 23, 2014, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. Financial Report Deputy City Controller Yvonne Hoffmaster read the cash balances of each of the funds. Ms. Hoffmaster then distributed a different form of budgetary reports for the Board s review and approval, and brief discussion was held on same. Ms. Hoffmaster advised that, if there was no objection, she would be using the new report formats. The Board agreed.

2 Regular Meeting Page 2 of 21 Mr. Kuss then distributed and briefly discussed his budgetary reports. Ms. Hoffmaster presented the proposed 2015 Tax Levy Budgets (Stormwater Operating and Refuse Department Funds). Attorney Meyer explained that these budgets must be approved and submitted for approval by the City Council, along with the other city budgets. Ms. Hoffmaster briefly discussed the budget forms, explaining how the figures are derived. Considerable discussion was held on the matter. Mr. Kuss then made a recommendation that the Board approve the budgets, as submitted, so that they can be forwarded to the City. Attorney Meyer clarified that the budgets need to be sent to the La Porte County DLGF (Department of Local Government Finance) on or before September 2, 2014, for review and comments. They will then be sent on to the City Council for consideration. All tax levy budgets must then be approved no later than November 1 st. Mr. Peller made a motion to approve the tax levy budgets, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. Ms. Hoffmaster advised that the budgets will be published in the newspaper on August 30 th and September 6 th. Mr. Gonder thanked Ms. Hoffmaster for her report. Public Comment Mr. Gonder called for public comment. There was none. Jim Kintzele & Terry Blanch In reference to the budgets, Mr. Kintzele advised that he submitted a proposed budget for the Refuse Department in July, after which he received the proposed budget for 2015 that was approved. Mr. Kintzele explained that he had made suggestions for increases to the budget on such items as Vacation Bonus, Vacation Sell Back, Longevity Pay, Office Supplies, Gasoline, Clothing & Safety Equipment, due to increased costs, as well as Equipment, and Machinery & Motor Equipment. However, none of these requests were granted. He expressed his concern about how he will be able to operate his department with these anticipated shortages.

3 Regular Meeting Page 3 of 21 Mr. Kuss agreed with Mr. Kintzele s point about the lack of funding for Machinery & Equipment, and noted that the District should be planning for replacement of the vehicles. Mr. Kuss added that there may be a future need for temporary loans as well as looking at some other options. Mr. Kintzele added that the Overtime account has already been depleted by 70%, and the leaf pickup and snow season is still coming, as well as holidays. Additionally, the Waste Management dumping fees have increased by $1.50 per ton. He explained that they have been trying to cut back, but they have also been trying to follow orders. Mr. Kuss added that there has been additional overtime worked on the weekends in an attempt to pick up piles throughout the alleys. This is being done in an attempt to keep the city clean. Mr. Kintzele then reported on the following: Monthly Tonnage Report Refuse & Dump Trucks Eliminating two trucks by using four trucks to fabricate two good vehicles Two Minor Fund Transfers Made Extra Refuse Pickups Listed Special Summer Events Absenteeism Report Meeting was held with staff about excessive use of sick time Review of Special Pickups Average of 3.3 stops per hour, which is unacceptable Newspaper clipping about garbage pickup in India Employees work a 12-hour day picking up trash in the sewers by hand, 7-days per week, for $5.00 per day Mr. Gonder thanked Mr. Kintzele for his report. Mr. Steve Stanford, of Weaver Boos, reported on the following project: Karwick Road Landfill Site Mr. Stanford reminded the Board that the District has engaged his firm for the objective of safely and effectively reviewing the environmental impacts of the Karwick Road

4 Regular Meeting Page 4 of 21 Nature Park. This matter came to the attention of the State and it is now a topic that needs to be addressed. Mr. Stanford explained that there were three main tasks addressed in their contract. The first one was to develop a Scoping Technical Memorandum (STM), which he reviewed with the Board at last month s meeting. The second major task is a Site Characterization Plan so we know exactly what we are doing with the area, as well as what kind of solutions can be used to resolve the problem. The third major task is to execute the Site Characterization Plan, by drilling the borings for additional monitoring wells so that we can be sure that we understand what we have, in order to design the correct solutions for the problems that we have. Mr. Stanford reviewed the findings of the STM. He added that the Economic Development Corporation hired a consultant in 2001 to test the site under the Voluntary Remediation Program (VRP) and some items were found at that time that will remain a current issue in the shallow groundwater. Although VOCs (Volatile Organic Compounds) were found directly in the refuse deposits, as well as some Semi-Volatile Compounds, which render water unfit to drink; however, historical surface water results show that there is very little, if any, impact on the creek water itself, which is good news. The previous consultant also collected a fair amount of sediment data at the bottom of Trail Creek along-side of the site. Only one of the samples contained levels of anything that could be of potential concern based on ecological screening levels. Mr. Stanford pointed out that the sediment that was previously onsite in 2001 and 2003 is no longer there but has moved downstream, since this is a dynamic environment which continues to change. Mr. Stanford added that another concern is an 18 inch corrugated metal pipe that seems to discharge stormwater runoff. The District was able to sample this runoff last year and found that it contained 24 mg/l of ammonia, which is a bit higher than it is supposed to be for a point-source surface water discharge. This is also something that will need to be addressed. Brief discussion was held about what can be done about this pipe in the short run. Mr. Stanford continued his report displaying a series of maps showing the flow of the water, and reviewed future work his firm will be performing.

5 Regular Meeting Page 5 of 21 Mr. Peller asked if there was any cost range for the remedy of the site. Mr. Stanford advised that he has nothing at this point. Mr. Kuss added that the previous estimates were between $2 Million and $10 Million. Mr. Harris asked about the end use of this land. Mr. Kuss explained that the hope is to continue the current use of a nature park. Attorney Meyer added that the results of what is found on the property will have some impact on what the land can be used for later. Mr. Peller asked where the $2-$10 Million will be coming from. Mr. Kuss reminded the Board that work is being done to look for parties that have been responsible for dumping in the past, and possibly some costs may be recouped from them. Additionally, there is a TIF (Tax Increment Financing) District in the area, which may also be a source of some funding. Attorney Meyer advised that the Board also hired the law firm of Plews Shadley Racher & Braun to look into insurance coverage for the City and the District. They have found some policies that appear to provide some coverage. However, there may be the need for litigation in the matter. Mr. Stanford pointed out that the City of La Porte successfully settled for over $2 Million with the insurers of the former Allis Chalmers property. There being no further questions, the Board thanked Mr. Stanford for his report. Mr. Paul Vicari, of Land Resource Management Group, reported on the following project: Diagnostic Feasibility Study Enhancement of Salmonoid Fishing Opportunities in Trail Creek Mr. Vicari provided a brief report on his current project, and referenced a posted map displaying three sub-watersheds, within a total of 56 square miles. There is approximately 12.5 miles of that watershed that is within the area of influence of the corporate boundaries of Michigan City. Mr. Vicari discussed the sections that have been viewed and surveyed, and explained that they have identified three primary areas on the main branch of Trail Creek. The first area is outside of the corporate limits of Michigan City and is formerly owned by Woodruff. The City of Michigan City currently owns this 10 acres of property, and is located directly across stream from the current DNR access site on East U.S. Highway 20. Although there are some spoils on site that were most probably part of Woodruff s

6 Regular Meeting Page 6 of 21 operations, however this is the highest quality area that he has viewed, as well as most likely the greatest existing opportunities for fishing. The next area is along Karwick Road and are somewhat good in terms of quality. The next area of high quality is rounding the bend through the golf course, where there is a lot of complexity of full ripple run, as well as extremely stable banks in some of the sections that have mature trees along the shoreline. Mr. Vicari explained that Trail Creek, as a whole, is a sandy-bottomed creek. It is really all about mature standing trees along the shorelines that have created a basketry of root mass that holds the banks. When the trees are lost, the banks destabilize because of the way that stormwater is currently delivered to the creek, in a way that did not previously occur. Mr. Vicari then explained that his next step is to bring in the focus on the three areas and actually develop some conceptual practices that could take place to improve access, improve the fishing experience, and, to a certain degree, sustain habitat. Mr. Vicari then noted that there is an area, known as Deer Creek, that is a main tributary that flows past Krueger Middle School, into the golf course, into Motts Woods, through a large wooded property and ends up at the Municipal Airport. These may be some of the most productive areas of enriching fishing opportunities. Additionally, there is a large area of city-owned property in this potential study area. Mr. Vicari advised that his next steps will be to focus in on these areas to develop some more specifics as far as existing characteristics, which will then lead into conceptual level recommendations of how to improve access, habitat and passage. Mr. Vicari then noted that he had a very positive conversation earlier today with the Principal from Krueger Middle School, who has expressed a great deal of interest in doing projects along the area. Additionally, he will speaking with Park Department officials as well as officials at the Municipal Airport. Construction and Engineering Reports John Doyle, of John A. Doyle & Associates, reported on the following projects: Fourth Street Lift Station Renovation Project Mr. Doyle submitted an Engineer s Pay Request in amount of $2,140.00, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $2,140.00, as submitted seconded by Mr. Edinger.

7 Regular Meeting Page 7 of 21 There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Doyle advised that construction began on August 11 th and the project is moving along fairly well. He distributed some photos displaying how thick the walls and top of the concrete structure was. He explained that the structure consists of concrete with railroad rail web and flange as reinforcement. Mr. Kuss asked the status of the NIPSCO service. Mr. Doyle advised that NIPSCO has been notified that the electrical panel has been approved that NIPSCO can make their connection. There is supposed to be someone from NIPSCO onsite tomorrow so that the order for the service can be issued. Mr. Doyle then submitted an Engineer s Pay Request for inspection services in the amount of $5,980.00, and requested approval of same. Mr. Harris made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $5,980.00, as submitted seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 4 0 in favor. Beech Street Storm Sewer Project Mr. Doyle submitted Pay Request #1, of Woodruff & Sons, in the amount of $120,451.14, and recommended approval of same. Mr. Peller made a motion to approve Pay Request #1 of Woodruff & Sons, in the amount of $120,451.14, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted Certificate of Substantial Completion, adding that restoration remains to be done, as well as very little videoing of the sewer, and mandrel testing. He requested approval of same. Mr. Gonder entertained a motion to accept the Certificate of Substantial Completion, as submitted. Mr. Peller made such a motion seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted an Engineer s Pay Request for inspection services, in the amount of $15,240.00, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $15,240.00, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor.

8 Regular Meeting Page 8 of 21 Plum Street Alley Sanitary Sewer Project Mr. Doyle submitted Pay Request #1, of Woodruff & Sons, in the amount of $54,369.18, and recommended approval of same. Mr. Peller made a motion to approve Pay Request #1 of Woodruff & Sons, in the amount of $54,369.18, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted an Engineer s Pay Request in the amount of $1,492.75, for inspection and administration services, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $1,492.75, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Riley Court/Combs Street/Michigan Boulevard Sanitary Sewer Project Mr. Doyle submitted a contractor s pay request, which basically amounts to a reduction in retainage from 10% from 5%, in the amount of $29,524.78, and recommended approval of same. Mr. Peller made a motion to approve Pay Request #4, of H&G Underground Utilities, for reduction in retainage, in the amount of $29,524.78, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted an Engineer s Pay Request, in the amount of $2,432.50, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $2,432.50, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. U.S. Hwy 12/Meer Road Sanitary Sewer Extension Project Mr. Doyle advised that he has been advised that the plans that were sent back to Amtrak on June 28 th had not been received. However, after numerous correspondence back and forth, it appears that Amtrak cannot locate them, although Mr. Doyle s office has proof of delivery. In the meantime, everything was immediately ed again, and he is now waiting for information back.

9 Regular Meeting Page 9 of 21 Donnelly Street/Carlon Court Sanitary Sewer Project Mr. Doyle advised that the contractor, D&M Excavating, began construction on August 25 th and they will be back on site on August 28 th. There was an issue with materials needed on site. Mr. Doyle then submitted a proposal for the design of a sanitary sewer extension on U.S. Highway 12 at Sheridan Avenue. This project would basically replace an existing 6 inch sewer that currently have five individual homes connected to the same line. Mr. Doyle noted that this is the same area where there was a problem with Highway 12 collapsing due to a broken water pipe. Although that aspect of the job has been repaired and resolved, this is merely an extension of the sewer line to apply individual connections to the separate residences. Mr. Doyle noted that this proposal is in the amount of $9, Mr. Kuss pointed out that this would be for the engineering work to design the sewer to eliminate another community lateral. Although this amount is less than his $10,000 authority limit, he recommended that the Board approve this work. Attorney Meyer added that it is the District s standard policy that no District sewer be less than 8 inches in diameter. Mr. Peller made a motion to accept the proposal of John A. Doyle & Associates, for the engineering work, in an amount not to exceed $9, seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted an Engineer s Pay Request for services rendered to date, in the amount of $2,476.75, and requested approval of same. Mr. Kuss clarified that this amount is not included in the previous proposal, but rather for surveying work to be done during the previous emergency repair. Mr. Peller made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $2,476.75, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted an Engineer s Pay Request for work on the Marquette Trail/Friendship Trail Sanitary Sewer Replacement Project, wherein they provided some investigative work at the District s request, however there was no design work. He advised that the request is in the amount of $1,290.00, and requested approval of same.

10 Regular Meeting Page 10 of 21 Mr. Harris made a motion to approve the Engineer s Pay Request of John A. Doyle & Associates, in the amount of $1,290.00, as submitted seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then submitted a proposal for engineering design for a sewer extension on Michigan Boulevard east of the South Shore Railroad Crossing, on the south side of Michigan Boulevard across from the Municipal Golf Course. The proposal is to design a connection to the existing sewer in the area and construct a sewer adjacent to the north side of the railroad, in order to serve two properties. Mr. Kuss explained that American Structurepoint, as part of Phase II of the Michigan Boulevard Project, was asked to look into the cost of placing a sewer in Michigan Boulevard to serve these two properties. The engineering fee, as well as estimated cost for placing the sewer in the roadway, was quite high. After further in-house District discussion, it was thought that the sewer could be run a bit shallower at the rear of the properties instead, which would also save on cost. Mr. Kuss recommended approval of same. Mr. Peller made a motion to accept the proposal of John A. Doyle & Associates, in an amount not to exceed $17,500.00, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Doyle then reported that District staff has uncovered the manholes on the North End that were previously covered so that his firm can now finish the manhole inspections. Mr. Doyle added that his firm has not done any of this inspection work on private property, which are primarily the condominiums that are on West 4 th Street. He asked if the District would like his firm to attempt to locate the sewers there as well. Mr. Kuss recommended that he continue the work on that private property noted. The Board agreed. Jim Maurer and Tom Weinmann, of Haas & Associates, reported on the following projects: Greenwood Avenue Sanitary Sewer Replacement Project Mr. Weinmann advised that he wanted to withdraw the agenda items of Change Order #8 and the Certificate of Final Completion, explaining that he is missing one segment of sewer in the video testing report. Until he receives same, he does not want to move forward with these items.

11 Regular Meeting Page 11 of 21 Mr. Weinmann then reported that final inspection was conducted on 7/11/2014 and the punch list was completed on 7/23/2014. The as-built drawings have been reviewed and the electronic copies were submitted to the District on 8/22/2014, and hard copies of the sewer lateral diagrams were submitted to the District today. Mr. Weinmann advised that he submitted Pay Request #10 of D&M Excavating on, July 21 st, in the amount of $136,583.87, with recommendation of approval of same. At that time, there was a request by SRF authorities to hold payments until required paperwork had been submitted. This has been done. The work completed constitutes approximately 91% of the total contract price of $1,069,193.90, including all approved change orders. He then recommended approval of the pay request. Mr. Peller made a motion to approve Pay Request #10 of D&M Excavating, in the amount of $136,583.87, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Weinmann then submitted Pay Request #11 of D&M Excavating in the amount of $22,285.60, and recommended approval of same. This reflects the finalized quantities of the project and there is a retainage currently being withheld. Mr. Peller made a motion to approve Pay Request #11 of D&M Excavating, in the amount of $22,285.60, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Weinmann then submitted Change Order #7, which finalizes quantities as directed by SRF. This change order decreases the contract cost from $1,069, to $981, Therefore, this equates to a savings of $87, He recommended approval of the change order. Mr. Peller made a motion to approve Change Order #7, as recommended seconded by Mr. Edinger and Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Weinmann then submitted the Engineer s Pay Request of Haas & Associates, in the amount of $6, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request, in the amount of $6,511.01, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor.

12 Regular Meeting Page 12 of 21 Indiana State Prison Sanitary Sewer Flow Screening & Metering Improvement Project Mr. Maurer advised that the final inspection was performed yesterday, which included the Prison Superintendent and Maintenance Chief. The only two items remaining to be done is some top soil and seeding of some small areas within the fenced area of the bar screen, and on Hitchcock Street, as well as providing a heavier duty wireless keypad operator for the fence gate operation at the Bar Screen building. Mr. Maurer then submitted Pay Request #10 of Woodruff & Sons, in the amount of $28,175.00, and recommended approval of same. Mr. Harris made a motion to approve Pay Request #10 of Woodruff & Sons, in the amount of $28,175.00, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Maurer then submitted the Engineer s Pay Request, in the amount of $800.00, and requested approval of same. Mr. Peller made a motion to approve the Pay Request of Haas & Associates, in the amount of $800.00, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Maurer advised that approximately $2, remains in the engineer s budgeted amount. Mr. Maurer then noted that he hopes to have everything ready for finalizing at next month s Board Meeting. Storm Drainage Master Plan for the Southwest Michigan City Area. Mr. Haas advised that they would like to schedule a coordination meeting with District staff sometime next week to discuss the current status, and then potentially schedule a public stakeholders meeting after that. Mr. Kuss suggested holding the meeting on September 3 rd at the District. Mr. Haas agreed and advised that he would arrange the meeting. Mr. Haas reported that they have been making progress on field inspections and planning analysis. He noted that he was able to view the end of the Ohio Street culvert, which is a 42 inch diameter pipe. He explained that the end of the pipe seemed to be in good condition. However, there seem to be areas upstream that are holding water. Mr. Haas then submitted the Engineer s Pay Request in the amount of $1,731.25, and requested approval of same.

13 Regular Meeting Page 13 of 21 Mr. Peller made a motion to approve the Pay Request of Haas & Associates, in the amount of $1, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. WWTP Potable Water Service Improvement Project Mr. Maurer advised that all of the pipe is installed and has passed the pressure testing. The contractor is working on disinfecting the system in order to pass the bacteria testing. Mr. Maurer then submitted Pay Request #1 from D&M Excavating, in the amount of $62,080.99, and recommended approval of same. Mr. Harris made a motion to approve Pay Request #1, of D&M Excavating, in the amount of $62,080.99, as submitted seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Maurer then submitted an Engineer s Pay Request, in the amount of $2,110.00, and requested approval of same. Mr. Peller made a motion to approve the Pay Request of Haas & Associates, in the amount of $2,110.00, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Chlorine Tank Drainage Gates & Aerated Channel Weir Gates Mr. Maurer advised that the work is complete and there is nothing new to report. However, he took the opportunity to thank the Sanitary District staff for making the work happen with the extra items that they assisted with the contractor. Mr. Kuss agreed, adding that it was a team effort and a good example of how working together really does work. He explained that the Maintenance, Collection, Operations and Lab crews all worked together on this project, along with the contractor and the engineer. Mr. Maurer advised that he did not have a contractor s pay request for this month. Mr. Maurer then submitted an Engineer s Pay Request, in the amount of $2, for construction-related services on the project, and requested approval of same. Mr. Peller made a motion to approve the Engineer s Pay Request of Haas & Associates, in the amount of $2,357.50, as submitted seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Tony Kenning, of DLZ Engineering, reported on the following projects:

14 Regular Meeting Page 14 of 21 Lake Avenue Lift Station Project Mr. Kenning advised that the project is almost complete but he just received as-built drawings in CAD (Computer-Aided Design) format that still need to be reviewed in detail. However, he has forwarded same to the District for their records. Mr. Kenning then submitted Change Order #6, which is a balancing change order including quantity adjustments, installation of new gutter and buried piping on the north side of the restroom building, installation of additional full depth of pavement patching on Colfax Avenue and Lake Avenue in lieu of mill and resurfacing, installation of deadbolt with indicator locks on the restrooms, costs associated with property damage release for landscaping restoration at the southeast corner of Colfax and Lake Avenues, as well a deduction for restroom signage. Mr. Kenning also explained that the original cost of the generator was increased by $1, with the addition of a generator cord. This change order increases the contract amount by $21,431.90, to a total cost of $1,092, There was also a time change requested to extend from August 4 th to August 27 th. He then recommended approval of the change order. Attorney Meyer noted that Mr. Kenning advised that he had not made the final review of the as-built drawings. Mr. Kenning agreed. Attorney Meyer then suggested that any approval should be contingent upon the Engineer s review and acceptance of the as-built drawings. Mr. Peller made a motion to approve Change Order #6, contingent upon the Engineer s review and approval of the as-built drawings and acceptance. Brief discussion was held about the cost of the generator cord, as well as the additional paving costs. The motion was then seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kenning then submitted Pay Request #7 of HRP Construction, in the amount of $90,417.65, and recommended approval of same. Mr. Edinger made a motion to approve Pay Request #7, of HRP Construction, in the amount of $90,417.65, as submitted seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kenning then submitted Pay Request #8 of HRP Construction, in the amount of $109,270.41, which represents the retainage amount. He recommended approval of

15 Regular Meeting Page 15 of 21 same contingent upon approval of the as-built drawings, as previously discussed. Attorney Meyer asked about a Certificate of Final Completion. Mr. Kenning advised that he did not have one, and has not previously been involved in such a form. Mr. Kenning advised that he would prepare one for submittal. Attorney Meyer then advised that any final pay request to the contractors for release of retainage should only be made after execution of a Certificate of Final Completion has been executed by the contractor and the engineer. Mr. Peller made a motion to approve Pay Request #8, of HRP Construction, in the amount of $109,270.41, contingent upon approval of the as-built drawings and submittal of a Certificate of Final Completion executed by the contractor and engineer seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Sheridan Beach Storm Sewer Separation Project Mr. Kenning advised that the project is very close to complete, however there are a couple of outstanding punch list items that need to be completed. Brief discussion was held about the punch list items, as well as a puddling problem in the area. Mr. Kenning believed that all of these issues will be resolved. Mr. Kenning then submitted Pay Request #7 of Woodruff & Sons, in the amount of $172,348.40, and recommended approval of same. Mr. Peller made a motion to approve Pay Request #7, of Woodruff & Sons, in the amount of $172,348.40, as submitted seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kenning then submitted Supplemental Agreement #4 for engineering services, due to the construction work not being complete on July 19 th. The two components of the requested supplemental agreement was to cover DLZ s inspection and construction administration to close out during the extra period of time, in an approximate amount of $26,400, as well as an amount of $2,420 for some investigation survey work on a sidewalk at Lakeshore Drive and Lake Avenue. He requested approval of same, in the amount of $28,820, to take the engineering costs to $399, Mr. Peller made a motion to approve Supplemental Agreement #4, of DLZ, in the amount of $28,820.00, as submitted seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kenning then submitted an Engineer s Pay Request in the amount of $9,975.00, and requested approval of same.

16 Regular Meeting Page 16 of 21 Mr. Peller made a motion to approve the Engineer s Pay Request of DLZ, in the amount of $9, seconded by Mr. Harris. There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Kuss advised that the District has been receiving many compliments on these projects, and took an opportunity to read from an recently received from Nick and Sara Walz, as follows: We d like to compliment the City on both the completion and conduct of this project (Sheridan Beach Project). It was not easy. The personnel involved, City, Reith-Riley and Woodruff, communicated well and were more than attentive to the needs of the homeowners. We d like to mention a few who were particularly helpful. Larry Simpson from DLZ, Spike Peller, Michael Kuss, Bill McNeill, David Farmer and Craig Phillips were involved and interested in bringing the project which would serve the residents in at a reasonable cost. While the timing could have been better, most everyone affected was happy with the project when completed. Most understood the difficulties with various projects underway around town like Lake Street, Sheridan Beach, Michigan Blvd., and the others. Thank you for being attentive to our needs and giving us the sand and water control and a first class road to access our properties. Mr. Kuss then advised that Councilman Rich Murphy thanked Mr. & Mrs. Walz for their comments, noting that the City has a wonderful, talented team of city staff and contractors. Staff Reports Mr. Kuss reported on, and briefly discussed, the following: Monthly Safety Report Will be reported next month Monthly Report of Operations No violations or exceedances for July, and none in August, to date Lake Henry Refuse crew onsite on August 26 th to pick up debris in the lake along the shoreline. Noted that a resident is possibly dumping grass clippings along the lake. A visit will be made to the property to explain not to dump. Land Application Permit Application Sent to IDEM on August 26 th

17 Regular Meeting Page 17 of 21 Monthly Cash Flow Spreadsheet Mr. Kuss then advised that an employee from the Refuse Department, as well as an employee from the WWTF, have requested a Medical Leave of Absence. Mr. Kuss advised that Tim Dietz, of the Collection System Department, has requested an extension of his Medical Leave of Absence, through the end of August. Attorney Meyer clarified that the employee is requesting an extension of a Medical Leave of Absence, since he has exhausted his leave under the Family Medical Leave Act (FMLA), noting that this employee has not been receiving any wages. The District is only paying the employer s portion of his health insurance costs and the employee is continuing to pay his portion. Mr. Kuss recommended approval of the request. Mr. Peller made a motion to approve the extension of a Medical Leave of Absence for Tim Dietz through the end of August, as recommended seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kuss advised that Refuse Department employee Eric Dunning, has requested an extension of Medical Leave of Absence, who has also exhausted his FMLA leave, and is requesting an extension through September 5 th. Mr. Kuss recommended approval of same. Mr. Peller made a motion to approve the extension of Medical Leave of Absence for Eric Dunning through September 5th, as recommended seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Kuss continued his report, as follows: Great Lakes Shoreline Cities Green Infrastructure Grant Ongoing meetings with Angela Larsen for assistance on this matter. July 2014 Compliance Plan Progress Report Briefly reviewed the remaining four projects. In reference to the Cheney Run Feasibility Study, Mr. Kuss explained that a Request for Proposals & Qualifications was issued in January 2014 regarding this matter. Three proposals were received from: SmithGroup JJR/Haas & Associates, LLC Cardno JFNew/Global Engineering & Land Surveying Land Resource Management Group (LRMG)/Robinson Engineering, Ltd. After review of the proposals and meetings were held with each of these groups to

18 Regular Meeting Page 18 of 21 discuss their proposals, it is District staff s recommendation to accept the proposal of SmithGroup JJR/Haas & Associates, LLC. Additionally, a more firm price of $129,000 was offered to complete the aspects of the project. Mr. Kuss also advised that the State has advised that the microinvertebrate testing was not necessary, so this work was removed. Additionally, these two firms are currently working with the City to develop a model for the FEMA (Federal Emergency Management Agency) FIRM (Flood Insurance Rate Map) flood mapping. Since this somewhat ties into the Cheney Run Study, consultants have also agreed to reduce an additional amount of $5,000, for a total cost of $124,000, of which 50% will be funding through the LARE (Lake and River Enhancement) Grant and the remainder will be funded through the Stormwater Fund #8201. Mr. Kuss then recommended approval subject to him working with Attorney Meyer to prepare a contract. Mr. Gonder entertained a motion on the matter. Mr. Peller made a motion to accept the proposal of SmithGroup JJR/Haas & Associates, LLC, as recommended seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 4 0 in favor. James Meyer, Legal Counsel Attorney Meyer submitted a list of delinquent liens for certification to be filed with the La Porte County Auditor s Office, in the total amount of $10,106.42, explaining that this is a requirement to include these liens on the property tax bills. He recommended approval of same. Mr. Harris made a motion to approve the list of delinquent accounts for certification with the County, as submitted seconded Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Attorney Meyer then advised that the Controller s Office recently notified him that there were some line item deficits in the Refuse Department and Stormwater Fund budgets, which will require Board action to transfer funds to eliminate these deficits. Attorney Meyer then submitted the following proposed resolution: AUTHORIZING AMENDMENT TO APPROPRIATIONS IN 2014 REFUSE BUDGET TO ELIMINATE DEFICIT IN APPROPRIATION WHEREAS, unanticipated expenditures have caused a deficit balance in the appropriation in the Repair and Maintenance - Equipment line item in the Sanitary District Refuse Fund 8203; and

19 Regular Meeting Page 19 of 21 WHEREAS, a credit balance exists in the Contractual Services line item in Fund 8203 in an amount sufficient to offset the deficit balance in the Repair and Maintenance - Equipment line item; and WHEREAS, Indiana law allows municipalities to transfer appropriations between line items in the same classification in Funds for the specific purpose of eliminating deficit balances. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Michigan City Sanitary District, La Porte County, Indiana, that it finds there is a need, due to unanticipated expenditures to make an intrafund transfer of appropriation in the 2014 Refuse Budget Fund 8203 as follows: Decrease: Contractual Services $50, Increase: Repair and Maintenance Equipment $50, This Resolution shall be effective upon adoption and any necessary approval by the Indiana Department of Local Government Financing. ADOPTED this 27 th day of August, Mr. Harris made a motion to approve the resolution, as presented seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Attorney Meyer then submitted the following proposed resolution: AUTHORIZING AMENDMENT TO APPROPRIATIONS IN 2014 STORM WATER BUDGET TO ELIMINATE DEFICIT IN APPROPRIATION WHEREAS, unanticipated expenditures have caused a deficit balance in the appropriation in the line items Electric and Gas Service and Water Service line items in the Sanitary District Storm Water Fund 8201; and WHEREAS, a credit balance exists in the Repair and Maintenance Vehicles line item in Fund 8201 in an amount sufficient to offset the deficit balances in the Electric and Gas Service and Water Service line items; and

20 Regular Meeting Page 20 of 21 WHEREAS, Indiana law allows municipalities to transfer appropriations between line items in the same classification in Funds for the specific purpose of eliminating deficit balances. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Michigan City Sanitary District, La Porte County, Indiana, that it finds there is a need, due to unanticipated expenditures, to make intrafund transfers of appropriations in the 2014 Storm Water Budget Fund 8201 as follows: Decrease: Repair and Maintenance Vehicles $1, Increase: Electric and Gas Service Water Service $1, $ This Resolution shall be effective upon adoption and any necessary approval by the Indiana Department of Local Government Financing. ADOPTED this 27 th day of August, Mr. Harris made a motion to approve the resolution, as presented seconded by Mr. Edinger. There being no question or comment on the matter, the motion carried 4 0 in favor. Mr. Gonder entertained a motion to approve and allow Revenue and Tax Levy Claims for payment. Mr. Kuss requested to include the pay requests of Austin Masonry, for completion of the work on the Digester Brick Repair Project, as well as pouring a concrete wall slab for the CSSB Flow Meter Project. The two requests are in the amount of $11, and $3,250.00, and requested approval of same. Mr. Peller made a motion to add the two claims of Austin Masonry, as requested seconded by Mr. Edinger. There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Gonder entertained a motion to approve and allow Revenue and Tax Levy Claims for payment.

21 Regular Meeting Page 21 of 21 Mr. Harris made such a motion seconded by Mr. Peller. There being no questions or comments on the matter, the motion carried 4 0 in favor. Old Business There was none. New Business There being no further business to come before the Board, Mr. Gonder adjourned the meeting at 6:37 p.m. The next regular monthly meeting of the September 24 th at 4:00 p.m. at 1100 E. Eighth Street / Frank R. Harris / Frank R. Harris, Secretary