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

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1 REGULAR MEETING, BOARD OF SANITARY DISTRICT COMMISSIONERS WEDNESDAY, MARCH 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 Michael W. Gonder, Frank R. Harris, Phillip E. Jankowski, Garry L. Mitchell, Sr., and Charles G. Peller, Jr. Staff Members present for the meeting were: Michael P. Kuss, General Manager Milorad (Mike) Milatovic, Water Reclamation Superintendent Arber Himaj, District Engineer Doretha M. Sanders, Administrative Director Tina M. Tabisz, Administrative Assistant James J. Micheals, Assistant Superintendent of Collection William J. McNeill, Assistant Superintendent of Operations & Maintenance James L. Kintzele, Sr., Refuse Superintendent James B. Meyer, Legal Counsel Also present for the meeting were: Donna Pappas, City Controller John Doyle, John A. Doyle & Associates Tom Weinmann, Haas & Associates Tim Haas, Haas & Associates Michele Bollinger, Abonmarche Matt Keiser, Abonmarche Kiel Williams, Brown Equipment Terry O Brien, Link Equipment Greg Dadlow, Pyramid Equipment Keith Harris, 523 Tremont Street Kelley Smith, News-Dispatch Kevin Harmon, Access La Porte County (allcommunity.org) CNG (Compressed Natural Gas) Combined Sewer Cleaning Truck Sealed bids were received, opened and read, as follows: Brown Equipment, Fort Wayne, IN $381, Attorney Meyer recommended that the bids be taken under advisement for review and recommendation by staff. The Board agreed. Minutes Mr. Gonder asked if there were any corrections or additions to the minutes of the Regular Meeting of February 27, Mr. Jankowski offered the following comments:

2 Regular Meeting Page 2 of 7 1. Correction Board President Gonder opened the meeting, not Attorney Meyer 2. Addition - The entire text of the 2013 Salary Resolution be included in the minutes as part of the record in the minutes. Mr. Gonder entertained a motion on the matter. Mr. Harris made a motion to approve the minutes with the amendments offered by Mr. Jankowski seconded by Mr. Jankowski. There being no question or comment regarding the matter, the motion carried 5 0 in favor. Financial Report City Controller Donna Pappas provided the monthly financial report and discussion was held regarding same. Public Comment Mr. Gonder called for public comment. There was none. Tom Weinmann, of Haas & Associates, reported on the following projects: Dunes Plaza Update Mr. Weinmann provided a status update of the Dunes Plaza Project. Discussion was held about the erosion control and the progress on the sewer installation to date. Jim Kintzele Mr. Kintzele reported on the following: Pickup Truck Replacement Request for Refuse Foreman Attorney Meyer explained that the procurement procedure was followed, three quotes were received and the lowest quote of Gates Automotive for a Chevrolet truck, with Tommy Gate, Snow Plow, and less trade-in offered was $28, Discussion was held about utilizing CNG for pickups, solicitation of local vendors, as well as the suggestion of a fleet replacement plan. Attorney Meyer explained that staff is requesting approval of the quote of Gates Automotive and Attorney Meyer is recommending approval. Mr. Gonder entertained a motion to approve the purchase of the Chevrolet pickup truck from Gates Automotive of South Bend, as requested.

3 Regular Meeting Page 3 of 7 Mr. Peller made such a motion seconded by Mr. Jankowski. There being no questions or comments on the matter, the motion carried 5 0 in favor. Attorney Meyer then reminded the Board that bids were received and opened at the last meeting for a CNG (Compressed Natural Gas) Garbage Truck and were referred to staff for review and recommendation. Attorney Meyer explained that Central Maintenance Superintendent Ben Neitzel, as well as Mr. Milatovic and Mr. Micheals, reviewed the specifications for a comparison to the bid requirements. The lowest bid, from Pyramid Equipment of Rolling Prairie, either met or exceeded the specifications. Therefore, Mr. Kintzele s recommendation is to purchase the lowest quoted vehicle and Attorney Meyer concurred. There being no questions or comments, Mr. Gonder entertained a motion to accept and approve the bid of Pyramid Equipment, as recommended. Mr. Jankowski made such a motion seconded by Mr. Mitchell. There being no questions or comments on the matter, the motion carried 5 0 in favor. Mr. Kintzele reported and discussed the following: Monthly Tonnage Report Spring Cleanup Began this week Garbage Truck Accident - Resulted in Employee Injury City Engineer Charles Spike Peller, Jr. Mr. Peller reported on discussions recently held about sanitary sewer extension south of County Road 400 North. Michael Kuss In reference to departmental status reports, Mr. Kuss was joined by Mr. Milatovic, Mr. Micheals and Mr. McNeill. Mr. Milatovic provided brief reports, and discussion was held, on the following: Safety Record for the WWTP and Refuse Departments Mr. Harris suggested tracking total work hours without injury to help reinforce safety practices as well as recognition to the employees. Mr. Peller added that District crews also need to be aware of injuries as the result of an occurrence with citizens.

4 Regular Meeting Page 4 of 7 Mr. Milatovic continued his report: Monthly report of operations No exceedances of limitations Mr. Milatovic explained a recent power loss that resulted in a temporary bypass of tertiary treatment (sand filtration), which required a report to IDEM. Mr. Kuss further explained discussions held internally, as well as with Haas & Associates to discuss a promising resolution to any future problems with bypassing tertiary treatment. Mr. Milatovic continued his report, and discussed the following: Refuse Committee Submitted draft report Mr. Jankowski asked if there are any standard metrics regarding the quantity of garbage trucks relative to the number of pickups and/or population. Brief discussion was held about the type of trucks currently used. Mr. McNeill reported that the work is continuing on the Filter Building and he has been involved in meetings regarding Dunes Plaza and the 400 North Project. Mr. Micheals provided a brief report on the four overflows/backups that occurred in February. Discussion was held about a citation issued by Code Enforcement regarding grease being washed into a catch basin. Mr. Jankowski asked whether any of these basement backups were reoccurring and expressed his concern about better servicing problem areas. Discussion was held about the matter. Mr. Michaels also provided a brief update on the Dunes Plaza Project. Mr. Kuss provided brief reports on the following matters: Agreed Order Compliance Update Partners for Clean Air The Board authorized the District to join the Partners for Clean Air cost-free partnership. Mr. Kuss discussed the status of some of the State Revolving Fund (SRF) Loan Program Projects, and requested the Board s authorization to advertise for bids for the following projects, to be received at the Board Meeting on April 24, 2013.

5 Regular Meeting Page 5 of 7 Greenwood Avenue Indiana State Prison Bar Screen Prison is picking up entire cost Small Sewer Projects Spring & Cedar Streets Wabash Street Village Road South of Springland Avenue Kimball Woods Lift Station Mr. Gonder entertained a motion to authorize advertisement for bids pursuant to the May 23, 2013 SRF Loan Closing, as requested. Mr. Jankowski made such a motion seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 5 0 in favor. Mr. Kuss and Attorney Meyer explained and discussed a proposal by Abonmarche Consultants, Inc. to review the stormwater ordinances for necessary changes and prepare a Stormwater Technical Guidebook for the Sanitary District and Michigan City. This is a joint effort with other city departments as well as with the La Porte County Grant Project. The cost of the proposal is less than the authorized purchasing limit for Mr. Kuss but he wanted to make the Board aware of this request. There were no objections by the Board. Mr. Kuss continued his report and discussion was held on the following: MS4 (Municipal Separate Storm Sewer System) Program Stormwater Advisory Group (SWAG) Stormwater Inspections Krueger Neighborhood Association Meeting 3/28/2013 Stormwater Inspector s Meeting (6/7/2013) & Viewing NIPSCO Dry Desulfurization Project Mr. Gonder asked if there was any sense of urgency for anyone, other than the City of Michigan City, to get into MS4 compliance. Mr. Kuss explained that he believes that the other four entities believe that they are currently in compliance. Mr. Kuss continued his report and discussion was held on the following: Fiber Optics (through storm sewer lines) Presentation at next Board Meeting CNG Conference Second week of June 2013

6 Regular Meeting Page 6 of 7 Mr. Harris asked about the status of the second GIS (Geographic Information System) position. Mr. Kuss explained that the previous desirous candidate has taken a position in New York State. There were approximately 10 additional applications received, from across the country and internationally, there were no Michigan City residents that applied that had any credentials for the position. Mr. Kuss then discussed provisions in the Employee Handbook that states that any current city employees from departments other than the Sanitary District (Refuse & Water Reclamation) that are hired by the District are treated as totally new employees and are not entitled to carry over any longevity or benefits. Mr. Kuss discussed his disapproval and concerns about this policy and distributed proposed language to amend the Handbook such that city employees who transfer to the District would be allowed to bring their longevity and benefits with them. Mr. Kuss also discussed proposed language that would allow a District employee who voluntarily left employment for a period of 180 days or less would be able to be rehired, if there were a position available, and still maintain their previous years of service, less the time that they were not employed. Attorney Meyer indicated that these changes should be considered under a resolution. Mr. Kuss asked if the Board would merely think about his proposal at this point and revisit the matter at next month s meeting. Discussion was held about the matter, the possibility of reciprocity between all city departments, as well as temporary employees. James Meyer, Legal Counsel Attorney Meyer explained that there has been a pending lawsuit against Argonaut Insurance, the District s former liability insurance carrier, to recover some of the attorney s fees that were spent in defending the District against IDEM that ultimately resulted in the Agreed Order. This lawsuit is currently being negotiated and the proposition is for settlement that would recover more than $60,000 for the District, after attorney fees and expenses. The representation was done on a contingency fee basis so that there would be no attorneys fees if the District did not prevail. He explained that the litigation concerned policy language in the insurance policy from the company that did not renew coverage. Attorney Meyer recommended and asked for the Board s authorization to approve the settlement for a gross amount of $110,000. Mr. Gonder entertained a motion on the matter.

7 Regular Meeting Page 7 of 7 Mr. Peller made a motion to authorize Attorney Meyer to work with retained counsel to finalize the settlement of the claim seconded by Mr. Jankowski. There being no questions or comments on the matter, the motion carried 5 0 in favor. Attorney Meyer then discussed the Karwick Nature Preserve (former landfill along Trail Creek) and explained that the Mayor has asked the District to take the lead on the issues arising from complaints, as well as determination of what type of consultants that may need to be obtained to resolve the issues. Mr. Kuss explained that IDEM has issued two letters regarding this matter and briefly discussed them. Attorney Meyer advised that District staff has obtained information to be included in a request for quotes for a CNG Dispensing Station. Attorney Meyer then advised that documents have been prepared for releases of paid liens, recording of new liens, and certification of liens that need to be signed by the Board after the meeting. Mr. Peller asked about the status of the possible property acquisition across the street. Attorney Meyer advised that District staff is in the process of obtaining the three appraisal quotes. There being no further reports, Mr. Gonder entertained a motion to approve Revenue and Tax Levy Claims for payment. Mr. Jankowski made such a motion seconded by Mr. Harris. There being no question or comment on the matter, the motion carried 5 0 in favor. Old Business Employee Uniform Program Mr. Milatovic is working on this and will report back at the next meeting New Business There was none. There being no further business to come before the Board, Mr. Gonder adjourned the meeting at 6:40 p.m. The next regular monthly meeting of the on April 24 th at 4:00 p.m. at 1100 E. Eighth Street / Frank R. Harris / Frank R. Harris, Secretary