Sanitary District Waterworks District Meeting Minutes 2008

Mr. Myers called the meeting to order at 6:01 P.M and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Peter Faberbock, Robinson Engineering; Bob Pharazyn, Public Works Director; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Jerri Teibel, Town Council Liaison.

Election of Officers – both Districts –

Mr. Hanlon motioned to retain Mr. Myers as President. Seconded by Ms. Sims-Smierciak. Mr. Gembala motioned to close nominations. Seconded by Mr. Monanteras. Motion unanimously passed to close nominations. Motion to retain Mr. Myers as President unanimously passed.

Ms. Sims-Smierciak motioned to retain Mr. Monanteras as Vice-President. Seconded by Mr. Myers. Mr. Gembala motioned to close nominations. Seconded by Mr. Monanteras. Motion unanimously passed to close nominations. Motion to retain Mr. Monanteras as Vice-President unanimously passed.

Approval of the minutes – Regular Meeting of December 17, 2007 –

Mr. Monanteras motioned to approve the minutes of the Regular Meeting of December 17, 2007. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

SANITARY DISTRICT

Old Business

LS#1 – Update –

Mr. Faberbock stated that he met with Mr. Pharazyn on Friday to review the changes and ensure that everything is okay. Mr. Pharazyn stated that he spoke with Mr. Muenich today regarding the acquisition of the land. Mr. Muenich assured him that he expects to know something in a week to ten days. Mr. Pharazyn reiterated the importance of the timing and the identity of the potential owner of the property. Brief discussion ensued regarding the extra 20 feet and if it was brought before the Town Council. Mr. Wyllie referenced his communication with Mr. Muenich and Mr. Gembala mentioned that he saw the surveyor who wrote up the paperwork a week ago.

Railroad easement for interceptor to Schererville – update –

Mr. Wyllie reported that the agreement should be coming to them in the mail, and based on the contents of the e-mail, they agreed to the $350,000 figure. Mr. Faberbock stated that he is going to follow up to ensure they have the permit the same time the agreement arrives. Discussion ensued regarding the anticipated meeting with Mr. Lotton after this agreement is concluded to begin this project.

Proposal of Robinson Engineering for 2008 services to Board –

Mr. Hanlon motioned to accept the proposal from Robinson Engineering for 2008 services for Sanitary. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Legal Services Agreement – Wieser & Wyllie –

Mr. Monanteras motioned to approve the attorney contract agreement for the legal services of Wieser & Wyllie. Seconded by Mr. Hanlon. Motion unanimously passed.

Consideration of appointment of financial consultant – H.J. Umbaugh –

Ms. Sims-Smierciak motioned to appoint H.J. Umbaugh as their Financial Consultant. Seconded by Mr. Monanteras. Motion unanimously passed.

Proposed upgrade WWTP – Schererville – Discussion –

Mr. Pharazyn stated that he spoke with John Phipps, who took over as Schererville’s engineer, they are going to get a copy of the original report, look at it and will get back to Mr. Pharazyn. His advice is not to take action until then. Mr. Myers stated that he spoke with Mr. Kil regarding the woman superintendent, who ran the treatment plant, Juanita Dills. She has retired and Mr. Myers suggested they look at hiring her as a Consultant when the time comes. Mr. Pharazyn stated that he would follow up with Mr. Kil. Discussion ensued regarding the permit renewal timeframe. Mr. Monanteras asked that the inflow and infiltration be added to the next study session.

New Business

Proposed System Development Charges Discussion –

Mr. Myers referenced the packet of information everyone received from Steve Carter regarding the system development charges for the sanitary district. He stated that the board previously discussed changing the ratio to 1.4; the report shows a significant difference for the 1” meters. The larger the meter the less significant the change. The increase can be justified by what was discussed two weeks ago. Mr. Wyllie stated that an Ordinance needed to be prepared and presented to the Town Council for approval. Mr. Pharazyn stated that he has not had any feedback from anyone. Mr. Myers stated that he will review this matter with Mr. Fryzel and Mr. Kil and asked that this be on the boards’ next study session for approval in the February meeting.

PAYMENT OF BILLS - #2000 - #2012 for $86,887.76 for Sanitary District & WW Utility #6000 - #6018 for $297,546.26 –

Mr. Myers asked about the purchase of a laptop and monitor for the Water District (and Sewer). Mr. Pharazyn stated that the laptop was put in his office; his computer was given to Bob Davis who did not have a computer. The monitor went into Derwin Neitzel’s office so he would have a monitor to go with the laptop computer on his desk that was bought through the SCADA project.

Mr. Myers referenced the APV’s for tires purchased for trucks from GCR Tire Centers for over $2,000.00 and inquired if the tires were for water and sewer and also referenced the numbered vehicles #203, #213 and #414. Mr. Pharazyn stated that the 200’s are the water utility trucks and one dump truck is the responsibility of the water utility and that Larry Bustamante, the mechanic, codes his own invoices for Mr. Pharazyn’s signature and offered to verify the exact information received from Mr. Bustamante. Mr. Pharazyn further mentioned that he believed the dump truck was the vehicle belonging to the sewer.

Mr. Myers questioned the invoice from Redbud Landscaping Service for $8,310.00; Mr. Pharazyn stated about $5,000 was to fix the area that was damaged when raising the water tower by the Town Hall and the remainder of the invoice was to repair the grass in front of the Public Works Building that was infested with grubs.

The last item Mr. Myers asked about was for work done at 97th & Olcott by Metro Excavating in the amount of $5,400. Mr. Pharazyn stated that this was an emergency sanitary sewer repair done about three weeks ago. This was due to a tap right at the main that became disconnected and it filled with stone about nine feet deep.

Mr. Gembala asked if the $1,500 bill from the Marriott was for the room for the meeting. Ms. Sims-Smierciak added it was $1,800 with the two bankcards. Mr. Pharazyn replied that this is for three employees to attend the AWWA convention, registration and lodging. He added that he has nine employees that are required to receive 30 hours of training every three years to receive and retain their water licenses. Because there are not very many opportunities for training he is looking into having someone come into the building to provide ten hours of training every year.

Ms. Sims-Smierciak asked about an invoice from St. John Sports for caps. Mr. Pharazyn stated that baseball and stocking caps were purchased because the Town Council had given a directive that no longer is anybody to wear a hat with any designation logo other than that of St. John. Ms. Sims-Smierciak stated that they are not nit picking, they just want to ensure they are not paying for anything the Town should be paying for.

Mr. Hanlon motioned to approve the payment of bills #2000 - #2012 in the amount of $86,887.76 for the Sanitary District and for the Wastewater Utility #6000 - #6018 for $297,546.26. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Wyllie referenced a letter from Mr. Kil regarding the Sewer Recapture Agreement for the Gates of St. John and that John Lotton (the developer) did not want his lots in this subdivision to pay that fee. He stated that Mr. Kil added up all the builders that paid that fee erroneously that needed to be reimbursed and suggested that he draft a letter for the Clerk-Treasurer’s signature to include with the reimbursement checks to each builder stating that this is a refund. (Motion for the approval of the refunds will be addressed at the February meeting.)

Mr. Monanteras inquired about the progress of SCADA. Mr. Pharazyn replied that they are 99% up and running and it is working well.

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Letter of Credit Review –

Mr. Wyllie stated that this is regarding the status of the partial payment for the water tower by Mr. Lotton and the Letter of Credit that will expire in September of 2008. Mr. Pharazyn stated that he has Mr. Lotton’s permission to work directly with his bank to get the payments processed. The bank will pay Caldwell, a waiver of lien to the bank will need to be issued and then the letter of credit will be reduced. The pay requests will go directly to him and he will coordinate with the bank. Mr. Pharazyn will present the check from the bank to Ms. Sury for tracking purposes; then it will be forwarded to Caldwell. He does need to verify the partial wavier of lien because the contract is with Caldwell and the Town of St. John and they have to get the bank to accept the waiver of lien that comes to the Town instead of it presented to Mr. Lotton. Discussion ensued and both payments to Caldwell Tank (Town’s and Mr. Lotton’s portion) will be sent together.

Partial Pay Estimate #6 – Caldwell Tanks – Gates of St. John -

Mr. Monanteras motioned to approve partial pay estimate #6 to Caldwell Tanks for $196,513.30. Seconded by Mr. Hanlon. Motion unanimously passed.

Proposal of Robinson Engineering for 2008 services to Board –

Mr. Hanlon motioned to approve the proposal from Robinson Engineering to provide 2008 services to the Water Works District. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Legal Services Agreement – Wieser & Wyllie –

Mr. Monanteras motioned to approve the contract with the attorney for the legal services for Wieser & Wyllie. Seconded by Mr. Hanlon. Motion unanimously passed.

Consider of appointment of financial consultant – H.J. Umbaugh –

Mr. Hanlon motioned to appoint H.J. Umbaugh as their Financial Consultant. Seconded by Mr. Monanteras. Motion unanimously passed.

Update – Verizon Wireless –

Mr. Wyllie stated that he spoke with Mr. Pharazyn and with Ms. Sury. Verizon is doing something out at the site. Mr. Pharazyn stated that he heard from them two days after the meeting, they have been delayed because they switched companies. He provided an update and mentioned that the property has been staked out where they have the lease. Mr. Wyllie added that the district signed the agreement in March 2006, Verizon did not counter sign until September 2006. The lump sum payment they agreed upon in the agreement of $16,500 has not been paid. Mr. Wyllie stated that they should not construct anything until the district receives the lump sum payment and the monthly payments would begin once the construction is up. Discussion ensued regarding the plans and that a review is needed. Mr. Wyllie stated that he would send a letter to them stating that there is to be no more construction until the district receives payment, they have ten days to submit payment or the lease will be cancelled. The district would be willing to re-negotiate at today’s standards.

Mr. Pharazyn stated that he has heard from T-Mobile and they are very interested in co-locating on the water tower in The Gates subdivision. Information has been provided as requested. Discussion ensued.

New Business

Proposed System Development Charges Discussion –

Mr. Myers stated that Mr. Wyllie would write the ordinance for the water also as discussed earlier during the sanitary meeting, after passage these ordinances would then be forwarded to the Town Council for approval. Discussion ensued regarding the costs per connection, requirements of the 1” meters to be installed and the possible trade of the ¾” meters for 1”. Mr. Pharazyn will talk to the vendor to follow up on this and Mr. Myers will follow up with Mr. Kil to determine if the 5/8” - ¾” meter cost should be in the ordinance.

PAYMENT OF BILLS - #3000 - #3009 for $13,323.48 for Waterworks District and #4000 - #4042 for $281,371.04 for Water Utility –

Mr. Hanlon motioned to approve payment of vouchers #3000 - #3009 in the amount of $13,323.48 for the Waterworks District and vouchers #4000 - #4042 in the amount of $281,371.04 for the Water Utility. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board

Ms. Sury distributed and explained the handout that outlined how much time the respective departments, attorneys and the engineering firm spend each time for processing Grant of Right requests and recapture agreements in anticipation of adjusting the fees to reflect the actual costs incurred by the town. Discussion ensued. Mr. Pharazyn suggested they have Steve Carter review the material and suggest the appropriate fees. Mr. Faberbock suggested the grantee pay the actual engineering fees. Discussion ensued.

Mr. Pharazyn stated that he is getting estimates for the Forrest Avenue water main replacement project. Discussion ensued regarding the proposed capital improvement plans. Mr. Pharazyn stated that they are going to begin the final phase of the U.S. Rt. 41 project from Aspen Café south to St. John Pub. He also contacted Camp, Dresser, and McKee (did the wellhead protection plan) regarding the new well and spoke with Gordon McCrerria who will have a Scope of Work by the end of this week with a proposal. He also spoke with him regarding a 3rd well site a couple years down the road.

Mr. Monanteras mentioned that some of the procedures from the secret report regarding safe water that was done after the 911 attacks should be included since they are looking at a new water source.

Mr. Pharazyn mentioned that he will be doing his annual talks at the schools and will be getting prices for the cost of the water bottles.

Public Comment

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion unanimously passed. The meeting adjourned at 6:56 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:01 P.M and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President (arrived 6:22 P.M.); Kenneth Gembala, Member; Patricia Sims-Smierciak, Member; Peter Faberbock, Robinson Engineering; Randy Wyllie, Attorney; and Sherry Sury, Clerk-Treasurer. Absent were Michael Hanlon, Member; Bob Pharazyn, Public Works Director and Jerri Teibel, Town Council Liaison.

Approval of the minutes – Regular Meeting of January 21, 2008 –

Mr. Wyllie stated that on page two pertaining to the system development charges, a public hearing is not necessary for the Sanitary Board; however, a public hearing is necessary for the Town Council. He asked that the words “no public hearing” be removed. Mr. Gembala motioned to approve the minutes as corrected. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3 - 0.

SANITARY DISTRICT

Old Business

LS#1 – Update –

Mr. Faberbock stated that they are finishing up the design and it should be done by the end of this month. Mr. Wyllie stated that he was checking with Mr. Faberbock as to the status of the easements and asked if they are in a position to sit down with Mr. Muenich. Mr. Faberbock stated that he would follow up with Mr. Muenich on this matter. Discussion ensued regarding the ingress/egress and condemnation.

Contract Approval - Railroad easement for interceptor to Schererville –

It was noted that this agreement is for $350,000 plus $1,000 for insurance and funds will be paid out of the Wastewater Treatment Plant account. Ms. Sims-Smierciak motioned to pass the Railroad easement agreement for the interceptor to Schererville. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Resolution SD #08-02-18 amending Ordinance #1381 – System Development Charges –

Mr. Myers stated that the 1” was changed to $1500.00 and the ratio as follows all the way down, and some language was changed so it will be pick up either the largest of the line size, connection or the meter. Ms. Sims-Smierciak motioned to pass Resolution #08-02-18. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0. Mr. Wyllie stated that this must go through the Town Council with a public hearing so the effective date should be April 1st.

Approval of refund to builders – Lotton Recapture Agreement – Gates of St. John –

Mr. Myers stated that this is the money they collected that they shouldn’t have from builders in The Gates Subdivision. Ms. Sury stated that the first batch of returns was prepared based on occupancy permits and the second batch are for the homes not completed at this time. Ms. Sims-Smierciak motioned to pay the first and second batch of the refunds. Seconded by Mr. Gembala. Motion passed with a vote of 3 -0.

Cheries Garden Daycare – Sewage Capacity/System Development Charges –

Mr. Faberbock explained the sewage capacity charges for $2,221.75 and the system development charges to be for $1,000.00 each. Mr. Gembala motioned to approve the sewage capacity and system development charges as reported by Mr. Faberbock. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3 - 0.

Rescinding Resolution SD # 07-11-19 – and consideration of Resolution SD #08-02-18A – Establishing administrative fees for sewer reimbursement agreements –

Mr. Myers referenced this resolution to the recapture agreement previously mentioned that pertained to the builders receiving refunds in the Lotton Subdivision. He stated that he would like to rescind the first resolution and approve the second one and then sit down with the attorney’s and tell them what was done. Discussion ensued regarding the time frame for passing these resolutions. Ms. Sims-Smierciak motioned to rescind Resolution SD #07-11-19 and adopt Resolution SD #08-02-18 establishing administrative fees for sewer reimbursement agreements. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Rescinding Resolution SD# 07-11-19A – and consideration of Resolution SD# 08-02-18B – Increase of fees for Grant of Right to install utilities – administrative fees -

Ms. Sims-Smierciak motioned to rescind Resolution SD #07-11-19A and adopt Resolution SD #08-02-18B increasing the fees for Grant of Right to install utilities and administration fees. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Approval of 50/50 split payment for 2008 Dodge Durango – between water and sewer utilities –

Mr. Myers explained that back awhile ago they approved a new truck for Mr. Pharazyn with a 1/3 – 1/3 – 1/3 payment split; the vehicle is here and the town does not have the money for their 1/3 portion of the split. He stated that Mr. Pharazyn spoke to him regarding this purchase; Mr. Myers spoke with Mr. Kil and told Mr. Kil he is against fronting the town for his truck. Ms. Sury suggested the district pay for this truck and for the next vehicle to be purchased the town would pick up their third plus the third for this truck. Mr. Gembala motioned to approve to pay the 50/50 split with a memo to Mr. Kil that for a future vehicle purchase, the town will pay their third for that vehicle and a third for this vehicle. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3 - 0.

New Business –

None

PAYMENT OF BILLS - #2013 - #2024 for $39,680.80 for Sanitary District and WW Utility #6019 - #6070 for $278,039.28 –

Ms. Sims-Smierciak motioned to pay bill payment memo’s #2013 - #2024 for $39,680.80 for the Sanitary District and for Wastewater Utility memo’s #6019 - #6070 in the amount of $278,039.28. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Any and all business that may come before the Board – Ms. Sury asked if the Board would allow her to use the utility billing program to add refuse collection fees to be charged to residential customers. She stated that the Town would pay for the upgrade to the system in the amount of about $900 and plans to have the Town pay once a year for the mailing and postage so that the Board would not incur all the expenses of billing. Discussion ensued regarding the costs shared by the districts and the Town for the “Keystone” software programs. Ms. Sims-Smierciak motioned to allow the Town to add the garbage service collection fee to the water bill. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Mr. Wyllie referenced an e-mail he sent to the Board members regarding an amendment that Olthof homes wanted pertaining to their Grant of Rights for both sewer and water. He stated that he spoke with Mr. Pharazyn on the phone; however, he has not had a chance to look at it. Mr. Myers stated that they would just table this item until Mr. Pharazyn can look at it. Ms. Sury questioned the acceptance of the $1,000.00 payment for the recapture agreement. Discussion ensued and it was agreed to let Olthof go ahead and pay it.

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John - Status of payment from developer –

Ms. Sury stated that she has not received payment. Mr. Wyllie stated that he does not know if there is a problem, he will call Lotton’s attorney. Mr. Myers advised Ms. Sury to release the payment for the Boards share to Caldwell Tanks.

Resolution WD #08-02-18 amending Ordinance #1382 – System Development Charges -

Mr. Monanteras motioned to pass Resolution WD #08-02-18 amending the Ordinance #1382 for the System Development Charges. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0. Mr. Wyllie added this has the April 1st effective date also.

Rescinding Resolution WD #07-11-19 – and consideration of Resolution WD #08-02-18A – Establishing administrative fees for water reimbursement agreements –

Discussion ensued regarding the concern that Attorney Austgen has regarding the basis for the fee increases and that a rate fee study should be done. Mr. Myers stated that he plans to sit down with Mr. Austgen and Mr. Monanteras and either Mr. Wyllie or Mr. Kil. Mr. Monanteras motioned to rescind Resolution WD #07-11-19 and adopt Resolution WD #08-02-18A establishing administrative fees for water reimbursement agreements. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Rescinding Resolution WD #07-11-19A – and consideration of Resolution WD #08-02-18B – Increase of fees for Grant of Right to install utilities – administrative fees -

Ms. Sims-Smierciak motioned to rescind Resolution #WD 07-11-19A and adopt Resolution WD #08-02-18B increase of fees for Grant of Right to install utilities – administrative fees. Seconded by Mr. Monanteras. Motion passed with a vote of 4-0.

Update – Verizon Wireless – Kilkenny Park –

No update was provided, Mr. Pharazyn not in attendance.

Agreement Approval – Camp, Dresser & McKee – Wellhead Protection Plan – Phase II –

Mr. Myers stated that he spoke with Mr. Pharazyn who has looked at this agreement; he advised that it is the same agreement they did last time and recommended that the Board approve the agreement. Mr. Monanteras motioned to approve the agreement with Camp, Dresser & McKee for the Wellhead Protection Plan in an amount not to exceed $24,980.00. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

New Business –

None

PAYMENT OF BILLS - #3010 - #3023 for $18,943.27 for Waterworks District and #4043 - #4115 for $499,573.39 for Water Utility -

Ms. Sims-Smierciak motioned to pass bill payment memo’s #3010 - #3023 for $18,943.27 for the Waterworks District and memo’s #4043 - #4115 for $499,573.39 for Water Utilities. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

Ms. Sury mentioned that her utility billing clerk, Judie Gorney, would be retiring on April 1st. She explained that Ms. Gorney is training Connie to be her replacement and she will receive an increase in salary; Doug, the part time employee will assume a full time position and that she is currently seeking a candidate for the part time position. Discussion ensued regarding Judie’s length of tenure and dedicated service to the town.

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:31 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Public Works Director; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Jerri Teibel, Town Council Liaison.

Approval of the minutes – Regular Meeting of February 18, 2008 –

Mr. Monanteras motioned to approve the minutes of the regular meeting of February 18, 2008. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

LS#1 – Update –

Mr. Pharazyn referenced the letter he provided to the Board that addressed the issue of capacity that was discussed at the last study session, provided an update and stated that the final plans were reviewed. He stated that there are a few modifications but for all intense purposes, they are ready to seek authorization to advertise for bids and the need to work out the issue of money. There are approximately 117 taps available at the lift station and referenced the conversation he had with the Town Manager and Town Council President regarding the project status and cost. Mr. Monanteras asked if the subject of a bond of some type to repay the Sanitary District come up in the conversation. Mr. Pharazyn stated that it did. Mr. Myers referenced the $1.5 million lent to the Council about a year ago and the letter of agreement regarding repayment, as it was their intent that this money was to be used for this project. Mr. Myers suggested that a letter be sent to Steve Kil and the Council advising them that this is what the money was to be used for and to request a meeting regarding the status of repayment including starting the process for a bond. Discussion ensued.

Mr. Wyllie stated that he heard from Mr. Muenich and he is prepared to deed the property.

Mr. Myers stated that he is going to have Steve Carter come in and provide a brief overlay of what’s going on and to ensure that his anticipations are not falling short. Discussion ensued.

Interceptor to Schererville – Update –

Mr. Faberbock reported that the peer review is complete for the permits and that Mr. Wyllie has received the additional temporary easements that are required north of Route 30. Discussion ensued and Mr. Pharazyn stated that he would have his staff send a letter to the residents. Mr. Monanteras mentioned that any charges that are part of the 36” transmission line should be paid through the Wastewater Treatment Fund including the engineering and adjustments need to be made, if warranted. Discussion ensued.

Recapture Agreement fees (both districts) –

Mr. Myers mentioned that Mr. Wieser and Mr. Wyllie sent a letter to Mr. Austgen and the response they received was that Mr. Austgen is going to re-write the ordinance for them. Mr. Wyllie stated that he spoke with Mr. Austgen today and was advised that he is still working on the response for the recapture agreement and Grants of Rights. Mr. Wyllie stated that he asked Mr. Austgen the status of the system development fees and was advised to send him a reminder because he needs to set up a public hearing. Discussion ensued.

Water & Sanitary system development fees (both districts) –

See above item.

Grants of Right – Water/Sewer – Extension of time period – Olthof Homes –

Mr. Wyllie stated that Mr. Pharazyn gave him the revisions, which he made and sent to Mr. Olthof. Mr. Pharazyn stated that he spoke with Joe at Olthof and he has not had a chance to review the document.

New Business –

None

PAYMENT OF BILLS - #2025 - #2036 for $19,455.94 for Sanitary District & WW Utility #6071 - #6106 for $562,425.90 -

Mr. Monanteras motioned to pay bill payment memos #2025 - #2036 for $19,455.94 for the Sanitary District and for Wastewater Utilities #6071 - #6106 for $562,425.90 with the condition that the one item related to the transmission line that was paid be transferred to the WWTP fund. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Pharazyn stated that he has not met with Mr. Lotton regarding the 50/50 split agreement and the 70/30 agreement as Mr. Lotton was on vacation last week and would not have a chance to review this before tonight’s meeting. Mr. Pharazyn stated that Jennifer, Robinson Engineering, is working with the architectural firm on a proposal to redo the drawings as discussed.

Mr. Pharazyn stated that Jennifer brought him the draft version of the contract book and would like approval to advertise this project for bid so he can recommend an award at the April meeting. He also referenced his conversation with Steve Carter, the timeframe for delivery and payment to be late November. Mr. Monanteras motioned to approve the advertisement for bid on the water filters subject to Mr. Lotton’s signature on both contracts prepared by Mr. Wyllie. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Myers asked the status of the water tower. Mr. Pharazyn reported the progress and stated that the tank will be raised on the 26th of this month and that it may be delayed a couple of days due to weather. He also said there were three things that were not done or put in that they were leaving in the water treatment project in the hopes that somebody else would pay for it. That is: #1, a sprinkler system, #2, the landscaping and #3, a backup generator; this was not put in because they knew the power would be coming from the treatment plant and the plant would have a backup generator. The district spent their million and Lotton was to spend $1.1 million, the award amount for the project was $2,039,000. He stated that he asked Jennifer to speak to Caldwell and prepare a change order for the costs associated with the installation of a very small generator for backup and to also put them in contact with one of the local landscaper’s that they use on a regular basis and prepare a change order for landscaping. He added they are responsible to put a sidewalk on that corner and will have it installed via a change order so Lotton will spend their portion. Mr. Monanteras mentioned that Mr. Lotton will spend $1.1 million and his amount is capped at that amount. Discussion ensued.

Meter change over/replacement program –

Mr. Pharazyn distributed a handout pertaining to the need for this change over, referenced the 138 meters that are 13 years of age, the ones that need to be researched and also to look into the radios that are attached to meters. He provided background information of the different meters installed in town and the estimated project cost of under $500,000 was discussed. Discussion ensued. Mr. Myers stated that he would discuss this project with Mr. Carter.

New Business

Mr. Gembala inquired as to the status of the easement on Rte. 41, the well site; discussion ensued and Mr. Pharazyn stated that he would follow up on this. This item is to be placed back on the agenda.

Mr. Pharazyn asked permission to purchase water bottles for his annual grade school presentation; they will cost about $3,800.00. Discussion ensued and permission for the purchase was approved.

PAYMENT OF BILLS - #3024 - #3031 for $15,933.55 for Waterworks District and #4116 - #4156 for $131,859.58 for Water Utility –

Mr. Hanlon motioned to pay bill payment memos #3024 - #3031 for $15,933.55 for the Waterworks District and #4116 - #4156 for $131,859.58 for the Water Utility. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:50 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:02 P.M and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Peter Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney; Jerri Teibel, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – Regular Meeting of March 17, 2008 –

Mr. Monanteras motioned to approve the minutes for the Regular Meeting of March 17, 2008. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

LS#1 – Update –

Mr. Wyllie referenced the Grant of Temporary Construction Easement along with the Quit - Claim Deed, recorded today that was distributed to the Board Members. He stated that the documents executed by Mr. Schilling pertain to the area adjacent to the LS#1 project. Mr. Pharazyn stated that he is waiting for direction from the Board on how and when to proceed. Mr. Myers said that hopefully Steve Carter will be at the next study session and they will have more information then.

Interceptor to Schererville – update –

Mr. Faberbock stated that they would like to get additional easements north of Route #30 to get them from Route #30 to the actual treatment plant. Mr. Pharazyn mentioned that he had a meeting with Mr. Faberbock, R & R Sewer, and the Project Designer from Robinson (Tom) and they discovered they would have to get both temporary and permanent easements. Discussion ensued. Mr. Wyllie stated that his firm represents two of the businesses where permanent easements are located and will approach them. Discussion ensued regarding appraisals, trees in the easements and the anticipated time frame.

New Business –

None

PAYMENT OF BILLS - #2037 - #2046 for $32,137.68 for Sanitary District & WW Utility #6107 - #6137 for $471,714.44 –

Mr. Hanlon motioned to pay bill payment memos #2037 - #2046 in the amount of $32,137.68 for the Sanitary District & for the Wastewater Utility, memos #6107 - #6137 in the amount of $471,714.44. Seconded by Mr. Monanteras. Mr. Monanteras referenced APV’s #6129 - #6131 in the amount of approximately $186,000 that were processed by checks to restore any funds that were utilized for payment pertaining to the 36” Transmission Sewer Main to SWWTP that were to be paid from the Waste Water Treatment Plant fund. Mr. Wyllie stated that he would provide separate billings for the easements for this project that would be paid from the WWTP fund. Discussion ensued pertaining to the land acquisitions and approval for payment from the WWTP fund. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Myers stated that everyone received the updated list today pertaining to the raising of the bowl for the water tower. It has been postponed until April 30th. Mr. Pharazyn stated that they just began working on the temporary well and hopes to have the site ready for Peerless next week. Mr. Myers asked Mr. Pharazyn to mention to Mr. Lotton, when they next meet, to advise him that they are still waiting for his attorney to get the paperwork done. Discussion ensued regarding the need for the executed contracts, approved by motion, and the bidding process for the filters.

Meter change over/replacement program – update –

Mr. Myers stated that they are waiting for Steve Carter’s report. Mr. Pharazyn stated that the meters would cost more than he thought because an incorrect number was used in the calculations.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he has not spoken to Mr. Muenich. Mr. Pharazyn stated that Steve Kil spoke with Mr. Muenich and Mr. Muenich said the paperwork sat on his desk, that he dropped the ball and he will get something to Steve Kil. They are aware the paperwork must come to the Board for review, prior to going to the Town Council for approval.

Status – Proposed Cost increase of Primary Water Connections –

Mr. Pharazyn stated that he is working with Mr. Wyllie to amend the ordinance and change the language regarding the subsidized meters and the price increases. Discussion ensued. Mr. Wyllie stated that he would have the proposed ordinance ready for the next study session.

Appointment of members – Wellhead Protection Advisory Committee -

Mr. Gembala motioned to approve the list of members as submitted April 7, 2008, by Mr. Pharazyn to appoint all the people, which includes Ms. Sims-Smierciak. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

Mr. Myers asked Mr. Wyllie how they could change the language in the System Development Fees to eliminate the loophole without changing the amounts since the fees will not be settled soon. Discussion ensued. Mr. Wyllie stated that he would prepare a resolution to include that change in the language.

PAYMENT OF BILLS - #3032 - #3040 for $26,062.67 for Waterworks District and #4157 - #4204 for $406,664.77 for Water Utility –

Ms. Sims-Smierciak motioned to pay bill payment memo’s #3032 - #3040 for $26,062.67 for the Waterworks District and memos #4157 - #4204 in the amount of $406,664.77 for the Water Utility. Seconded by Mr. Hanlon. Motion unanimously passed. Mr. Monanteras pointed out the items that are interfund transfers as an FYI for the members.

Any and all business that may come before the Board

Mr. Myers inquired as to the status of Forest Drive. Mr. Pharazyn stated that he spoke with Metro Excavating today; he pulled them off of Route #41 to work on a temporary well for him today. The U.S. #41 water main is now completely installed, they will be pressure testing it Wednesday, they will check the service taps and make some tie ins and then the next stop will be Forest Avenue, they had to order some special gaskets.

Mr. Gembala asked if the annexation the Town Council is working on expands the Sanitary District. Mr. Myers stated that it does not; it is already part of the district and referenced the Tiburon and Grouse Pointe Subdivisions.

Ms. Teibel asked who the members of the Wellhead Advisory Committee are and what their responsibilities are. Mr. Pharazyn stated that he would meet with her and discuss this tomorrow.

Public Comment –

None

Adjournment –

Mr. Hanlon motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion unanimously passed.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Peter Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Member Patricia Sims-Smierciak and Town Council Liaison Jerri Teibel.

Approval of the minutes – Regular Meeting of April 21, 2008 –

Mr. Hanlon referenced pages two and three of the minutes that needed correction, (“Forest Drive” – spelled with one r – and “is” not his). Mr. Hanlon motioned to approve the minutes with these corrections. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

SANITARY DISTRICT

Old Business

LS #1 – Update -

Mr. Myers stated that there is no update to report until they are able to review the financials with Steve Carter. Mr. Pharazyn reported that 8 taps have been released for Lift Station #1 this year and will provide a monthly listing henceforth to the members.

Interceptor to Schererville – Update –

Mr. Faberbock stated that the engineering side is complete, Mr. Wyllie referenced the resolution and discussion ensued regarding the easements needed. Resolution SD# 08-05-19A – To Proceed with Eminent Domain for Acquisition of Certain Real Estate Easements to complete 36” Transmission Line to Schererville – Mr. Monanteras motioned to adopt SD# 08-05-19A. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Resolution SD# 08-05-19 – Recommending Amendment to Ordinance #1381 Regarding System Development Charges –

Mr. Wyllie referenced the recommended changes to the language that are contained in the resolution and stated that after passage, the resolution would be forwarded to the Town Council for consideration. Mr. Hanlon motioned to pass Resolution SD# 08-05-19. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie stated that he is working on this issue with Mr. Faberbock.

New Business

Mr. Pharazyn stated that he spoke with Jeff Hewitt, from Schererville, today concerning issues they have been having with the shared camera trailer as it relates to the computer that drives the system and the video equipment that’s in there. The equipment that is in that trailer is approximately ten years old, in need of some fairly significant repair and Mr. Hewitt obtained a few proposals. The cost for the upgrade is approximately $16,000.00 and would be split by two communities (St. John and Schererville). Discussion ensued. Mr. Monanteras motioned to authorize Mr. Pharazyn to coordinate this transaction with Schererville at a cost not to exceed $8,100.00 for the District. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

PAYMENT OF BILLS - #2047 - #2056 for $23,790.76 for Sanitary District & WW Utility #6138 - #6161 for $156,301.80 -

Mr. Hanlon motioned to pay bills #2047 - #2056 in the amount of $23,790.76 for the Sanitary District & for the Wastewater Utility bills #6138 - #6161 for $156,301.80. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Myers stated that there are no updates to provide on the Lotton agreements, Mr. Wyllie is working on this, feels that this was negotiated fairly and does not feel they are being treated fairly anymore. Discussion ensued. Mr. Monanteras mentioned that he is going to call Mr. Lotton. Mr. Pharazyn provided an update on the well; NIPSCO was on site to begin the process of hooking up power and Peerless has completed their work. The well is installed, ready to be fired up, a piece of pipe will be put in on Wednesday, and a temporary construction fence around the well will be put up, then they’ll be ready to go.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he still has not heard from Mr. Muenich and will follow up on this issue.

Resolution WD# 08-05-19 – Recommending Amendment to Ordinance #1382 Regarding System Development Charges -

Mr. Monanteras motioned to pass Resolution WD# 08-05-19 recommending an amendment to Ordinance #1382 regarding System Development Charges. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Joint Ordinance #1470/WD 65 – Amending Ordinance #866 Update Primary Water Connection Charges -

Mr. Monanteras motioned to consider Joint Ordinance #1470/WD 65 amending Ordinance #866 updating the Primary Water Connection Charges. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Mr. Hanlon motioned to adopt Joint Ordinance #1470/WD 65 amending Ordinance #866 updating the Primary Water Connection Charges. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

New Business

Mr. Pharazyn mentioned that the Verizon antenna equipment is almost installed.

PAYMENT OF BILLS - #3041 - #3048 for $21,998.75 for Waterworks District and #4205 - #4271 for $200,540.73 for Water Utility -

Mr. Hanlon motioned to pay bills #3041 - #3048 in the amount of $21,998.75 for the Waterworks District and #4205 - #4271 in the amount of $200,540.73 for the Water Utility. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Mr. Hanlon motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:18 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:11 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Jennifer Printz for Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Alex Monanteras, Member and Town Council Liaison Jerri Teibel.

Approval of the minutes – Regular Meeting of May 19, 2008 –

Mr. Hanlon motioned to approve the minutes of the Regular Meeting of May 19, 2008. Mr. Gembala seconded. Motion passed with a vote of 3 ayes and 1 abstention by Ms. Sims-Smierciak.

SANITARY DISTRICT

Old Business

LS #1 – Update –

Ms. Printz stated that there were no updates and that the IDEM report is on hold for funding. Mr. Pharazyn provided the report that Mr. Monanteras requested and stated that through May they have allocated ten taps to lift station #1, which brings the remaining capacity down to 109 units. He added that the board would be receiving this report monthly in their packets.

Interceptor to Schererville – update –

Mr. Wyllie referenced the drawings they received in their packets for the parcels and stated that once the appraisals are done they expect to make the offers in July.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie referenced the letter he sent to Attorney Muenich regarding the easement to include the as-built manholes and stated that he is working on it. He added that on the other item regarding the easement pertaining to the land swap for Well #4, Mr. Schilling was out of town and could not sign the document.

New Business

Resolution #SD 08-06-16 Temporary Loan & Transfer for Payment of Bond and Interest Due –

Ms. Sury explained that this is a general obligation bond where the money to make the payment comes from taxes, she added that since they are behind in receiving the taxes they need to get money in the fund to make the next payment. Ms. Sims-Smierciak motioned to pass Resolution #SD 08-06-16. Mr. Hanlon seconded. Motion passed with a vote of 4 - 0.

PAYMENT OF BILLS - #2057 - #2067 for $18,320.93 for Sanitary District & WW Utility #6162 - #6181 for $104,461.40 –

Mr. Hanlon motioned to pay bill payment memos #2057 - #2067 in the amount of $18,320.93 for the Sanitary District and for the Wastewater Utilities memos #6162- #6181 in the amount of $104,41.40. Ms. Sims-Smierciak seconded. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Wyllie referenced the letter he sent to Attorney Leeth outlining the issues the board had. The revisions to the contract to be that the term “engineering” is re-included back into the agreement, to start the project as soon as possible and that it include the shared cost of the temporary well. Mr. Pharazyn stated that he has not heard from Lotton, once the plans are received from Ms. Printz they will go to Lotton. Mr. Myers stated that Jennifer put together a plan for storage in the basement at the treatment plant that should be added now.

Caldwell Tank Discussion – Penalty Phase -

Mr. Pharazyn stated that a poor job was done managing the project; he added that a letter from the town attorney should be sent out addressing the penalty clause of $1,000 per calendar day. Discussion ensued. Mr. Gembala motioned that a letter be sent per the outline of Robinson Engineering to the Caldwell Tank Company and it include the penalty procedures. Mr. Hanlon seconded. Motion passed with a vote of 4 - 0.

Status of easement issue for well on Route 41 –

See above - Sanitary District part of meeting.

New Business

Mr. Pharazyn stated that there was some water bubbling up behind the treatment plant and found a leak at the U.S. 41 right-of-way that was following the stone trench all the way under the new addition to the building. It was the water line that brings water back into the treatment plant so they can monitor the pressure and take the chlorine test, a compression fitting did not hold.

PAYMENT OF BILLS – #3049 - #3058 for $18,935.75 for Waterworks District and #4272 - #4320 for $194,247.69 for Water Utility –

Ms. Sims-Smierciak motioned to pay bill payment memos #3049 - #3058 in the amount of $18,935.75 for the Waterworks District and memos #4272 - #4320 in the amount of $194,247.69 for the Water Utility. Mr. Hanlon seconded. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board

Mr. Pharazyn stated that the Forest Avenue water main project is done and is in the process of being bacteriologically sampled. This week the asphalt driveways will be replaced, restoration work will begin and that they will return in the fall to do the over seeding.

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Mr. Hanlon seconded. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:28 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Member; Kenneth Gembala, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Michael Hanlon, Member and Town Council Liaison Jerri Teibel.

SANITARY DISTRICT

Consider Financial Advisor Services for Sanitary District -

Mr. Monanteras motioned to sever the relationship with H. J. Umbuagh as their Financial Consultant and that Mr. Wyllie would notify H. J. Umbuagh of this decision. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

WATERWORKS DISTRICT

Consider Financial Advisor Services for Waterworks District -

Ms. Sims-Smierciak motioned to sever the relationship with H. J. Umbuagh as their Financial Consultant and that Mr. Wyllie would notify H. J. Umbuagh of this decision. Seconded by Mr. Monanteras. Motion passed with a vote of 4 - 0.

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Mr. Monanteras seconded. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:04 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Randy Wyllie, Attorney; and Sherry Sury, Clerk-Treasurer. Absent were Bob Pharazyn, Director of Operations and Jerri Teibel, Town Council Liaison.

Approval of the minutes – Executive Session and Regular Meeting of June 16, 2008 –

Mr. Hanlon motioned to approve the minutes of the Executive Session and the Regular Meeting of June 16, 2008. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Monanteras.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Wyllie referenced the six appraisals for the easement parcels and stated that the total cost is $112,000 if everyone accepts. He stated that he anticipates that Paul Craven (Rollin RV) probably will not accept the offer and that the other ones looked okay. Mr. Wyllie stated that he would send the qualified offers to each of them and see where it goes. He stated that Attorney David Austgen also called him to talk about this since the parcels are going through the Town of Schererville, connecting with their system, and to discuss the specifics of what to do if they don’t accept the offers and how to go about the actual eminent domain.

Approval to pay Vale Appraisal Group (6) easement parcels ($7,100.00) -

Mr. Monanteras motioned to pay the Vale Appraisal Group for the appraisals of the easement parcels. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

LS#3 – Easement Status – (Bull Run Creek) –

Mr. Wyllie stated that he has a scheduled meeting with Mr. Muenich this Friday and will discuss all of the outstanding issues.

Sewer Recapitulations –

Mr. Faberbock stated that he has not had a chance to complete the recapitulations and requested that this item be placed on the agenda for the next meeting. Discussion ensued regarding the impact the Dialysis Center will have, if they need to go back and re-figure the capacity fees.

Corrpro Proposal – Cathodic Protection systems for LS #4, #5 and #7 at $10,700.00 each –

Mr. Hanlon motioned to defer the Corrpro Proposal to the next regular meeting. Seconded by Mr. Monanteras. Motion unanimously passed.

New Business –

None

PAYMENT OF BILLS - #2068- #2075 for $25,918.61 for Sanitary District & WW Utility #6182 - #6225 for $367,527.45 –

Ms. Sims-Smierciak motioned to pay bill payment memos #2068 - #2075 for $25,918.61 for the Sanitary District and for the Wastewater Utility payment memos #6182 – #6225 for $367,527.45. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Faberbock stated that he had nothing further to report.

Caldwell Tank Discussion – Penalty Phase -

Mr. Myers referenced a letter that Mr. Wyllie sent to Caldwell and stated that he was very impressed with the letter; the letter told Caldwell what the Board wants.

Pay Estimate #7 Partial –

Mr. Wyllie suggested that the pay estimates be put on hold until they find out the status with Caldwell. He stated that they have kept promising Mr. Pharazyn they will be there the next day for the past several days and no one has shown up.

Pay Estimate #8 Partial –

Mr. Hanlon motioned to defer both partial pay estimates to the next regular meeting. Seconded by Mr. Monanteras. Motion unanimously passed.

Status of easement issue for well on Route 41 –

Discussed under Sanitary District, see above

Authorization for denial of unwarranted water and / or sewer adjustment requests –

Mr. Myers recommended they turn these down as they come in. Ms. Sims-Smierciak motioned to deny the unwarranted water and / or sewer adjustment requests as they come in. Seconded by Mr. Hanlon. Discussion ensued concerning the inclusion of the five requests earlier received. Motion unanimously passed.

New Business

Mr. Myers referenced the information/proposed action for water and/or sewer adjustment requests distributed earlier by Ms. Sury. Mr. Wyllie summarized the first item as giving Ms. Sury authorization to deny the unwarranted water and/or sewer adjustment requests. Mr. Myers stated that he is confident Ms. Sury can do these however, he would rather have these go to the Board and Ms. Sury can put this off on them and she doesn’t have to be responsible for denying requests. They can also address these requests with Mr. Pharazyn and have him research into this further. Discussion ensued that included the summer sprinkling/swimming pool adjustments prior to and after the designated time frame, the two requests for adjustments recently received to be addressed during the August 18, 2008, meeting and to review the ordinances that address the summer sprinkling/swimming pool adjustments.

Mr. Myers stated that the second item (reimbursement for watering replacement sod, resident on Manor Drive) would be held off until the Board can discuss this with Mr. Pharazyn and will be addressed at the study session. Discussion ensued.

Ms. Sury also mentioned a new law that states fifteen days before a taxing district can approve a budget; the proposed budget must go before the Lake County Council. To meet these time constraints she would to have the public hearing on Tuesday, September 2nd and to schedule the regular meeting a week later on the 4th Monday, September 22nd to adopt the budget. The board agreed with Ms. Sury’s proposed meeting schedule.

PAYMENT OF BILLS - #3059 - #3067 for $18,341.37 for Waterworks District and #4321 - #4421 for $299,833.18 for Water Utility -

Mr. Hanlon motioned to approve bill payment memos #3059 - #3067 for $18,341.37 for the Waterworks District and #4321 - #4421 for $299,833.18 for the Water Utility. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Myers stated that he and Mr. Monanteras sat and negotiated with Lotton in good faith along with Mr. Pharazyn regarding the 70/30 split with the water treatment plant. Since Mr. Lotton has ignored every phone call Mr. Pharazyn has made, he has ignored every phone call and a letter that Mr. Wyllie has sent him. Mr. Lotton’s attorney has corresponded with Mr. Wyllie stating it is not he; he is doing his best to get this matter resolved. Mr. Myers stated that he, Mr. Pharazyn, Mr. Kil, and Mr. Monanteras would like to bring in Mr. Nick Kile from Barnes and Thornburg to work with Mr. Wyllie and Mr. Weiser. Mr. Kile is the attorney who ran the Aqua Inc. lawsuit that they won. This action is not to reflect anything bad against Mr. Wyllie and Mr. Weiser; this would bring in a fresh set of eyes to look at these contracts and to start pushing Lotton.

Mr. Myers stated that Mr. Pharazyn met with Mr. Kile on Friday, gave him the whole story and copies of every piece of paper he had. Mr. Myers will try to talk to Mr. Fryzel tomorrow. Mr. Kile would like to generate an Executive Session between the Town Council and the Waterworks Board and explain what he thinks the next step should be. Mr. Monanteras cited three significant issues with Lotton: ensuring they are kept whole with the water tank, the water filtration facility, the 50/50 split on the re-engineering architectural design fees and the interceptor sewer. Mr. Myers added that there is also the issue of the water lines that Mr. Lotton will not do. Discussion ensued.

Mr. Myers stated that he spoke with Jennifer today and the revised engineering drawings will be in their hands by August 1st. Discussion ensued. Mr. Myers stated that the reason all of this has to be redone is because they agreed with Lotton and to do it his way.

Public Comment –

None

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion unanimously. Meeting adjourned at 6:33 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Jerri Teibel, Town Council Liaison.

Approval of the Minutes – Special Meeting of July 7, 2008 and Executive Session and Regular Meeting of July 21, 2008 –

Mr. Hanlon motioned to approve the minutes of both the Executive Session of July 7, 2008 and the Regular Meeting of July 21, 2008. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Proposal – Cender & Company – Provide Financial Consulting Services to the Sanitary District -

Ms. Sims-Smierciak motioned to approve the proposal from Cender & Company to become the Sanitary District’s new Financial Advisors. Seconded by Mr. Monanteras. Motion unanimously passed.

Interceptor to Schererville –

update

Offer status of six easement parcels –

Mr. Wyllie stated that two offers have been accepted, has commitments from two others, and there are two outstanding that he has not heard from. Mr. Monanteras confirmed that the payments for the easements would be paid from the Wastewater utility fund.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie stated that he met with Mr. Muenich today on another issue, there is no update on this issue. Mr. Muenich is getting the easement completed for the well and will get it to the town.

Sewer Recapitulations -

Mr. Hanlon motioned to approve the sewer recapitulations as outlined in Mr. Faberbock’s letter. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Sewage Treatment Capacity Charge – Lake Central High School addition -

Mr. Monanteras motioned to approve Mr. Faberbock’s recommendation for the sewage treatment capacity charge of $4,467.96. Seconded by Mr. Hanlon. Motion unanimously passed.

Corrpro Proposal – Cathodic Protection systems for LS #4, #5 and #7 at $10,700.00 each -

Mr. Monanteras motioned to approve the Corrpro Proposal for the Cathodic Protection systems for LS #4, #5 and #7 at $10,700.00 each. Seconded by Mr. Hanlon. Motion unanimously passed.

Authorization to Director of Operations for denial of unwarranted water and/or sewer adjustment requests – Mr. Monanteras asked that in the event Mr. Pharazyn denies a request, would the “higher authority” be the Sanitary Board. Mr. Myers said it could come to them if they want; however, he believes Mr. Pharazyn should have the final say. Ms. Sury asked if that would also cover residents filling their pools before or after the summer sprinkling period. The back of the water bill states that prior to filling their pools or landscaping, to contact the Town for approval. Mr. Myers confirmed that the resident must have prior approval. If not, the credit adjustment will be denied. Mr. Monanteras motioned to give the Director of Operations authorization to deny unwarranted water and/or sewer adjustments. Mr. Gembala added that final appeal can be made to this board; his concern is potential legal action. Ms. Sims-Smierciak motioned to grant authorization for Director of Operations to approve or deny water and/or sewer adjustment requests with an appeal process to the Board if necessary. Seconded by Mr. Monanteras. Motion unanimously passed.

New Business –

None

PAYMENT OF BILLS - #2076 - #2086 for $31,385.40 for Sanitary District & WW Utility #6226 - #6259 for $145,468.42 -

Mr. Monanteras motioned to pay bill memos #2076 - #2086 for #31,385.40 for the Sanitary District and Wastewater Utility #6226 - #6259 for $145,468.42. Seconded by Mr. Hanlon. Motion unanimously passed.

Any and all business that may come before the Board

Ms. Sury stated that the budget deadline for adoption has been extended to December 1st and that the Council is looking for areas where they can cut expenses. The budgets have not been finalized and are not ready for publication or hearings at this time. Mr. Monanteras asked if they still should have the study session on Tuesday, September 1st. Discussion ensued and the consensus was to cancel the September study session.

Mr. Monanteras stated that he wanted to share a conversation he had with Mr. Steve Carter the former financial advisor regarding a recent report Mr. Carter provided. There was a need for a 7% rate increase on the sewer side; for an average consumer of 7,000 gallons per month that translates to $2.33 per month. There would also be a need, probably in 2010, for a revenue bond of about $1.1 or $1.3M to finance the second half of LS#1. The 7% was to mitigate against the need to borrow from themselves for the Wastewater Utility. They also agreed they would need a $500.00 per permit increase for both the systems water and systems sewer development charges. And finally there is something called PILT, Payment in lieu of Taxes, it’s a way for the town to recapture, in a sense, pseudo property taxes for the net value of the utilities. Mr. Carter offered an idea: agree to the PILT, (the Town charges the District taxes of about $79,000 for one district and $89,000 for the other). The two districts send the tax payment checks to the town, the town returns the check and the amount is credited against the loan the Town owes the district.

Mr. Pharazyn mentioned the Town’s financial consultant’s recommendation on how the town can meet their operating expenses for the next two years. Discussion ensued and included the need for developers to help alleviate the cost or install the lines themselves, i.e., US 41 and #231.

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Myers referenced a meeting he had the other day with Mr. Monanteras, Mr. Kil, Mr. Pharazyn and Mr. Nick Kile. They are going to try and set up a joint Executive Session for the last Thursday of this month (the 28th) at 6:00 P.M.; however, they have not received any confirmation of that as yet. Mr. Pharazyn mentioned that Mr. Kile is available and an e-mail was sent to the Town Council members today. Discussion ensued.

Caldwell Tank Discussion – Penalty Phase –

Mr. Pharazyn stated that before his vacation, Mr. Wyllie sent Caldwell Tank a letter in response to their understanding that the tank is considered substantially complete. Mr. Wyllie made it very clear that it is not substantially complete they must first be able to: 1) secure the tank; 2) control the tank; and 3) have the cathodic protection system installed on the tank. To date that has not been completed; basically there has been no activity there since he returned from vacation that was a week ago today, and per Mr. Wyllie’s letter, they are holding all pay requests.

Pay Estimate # 7 Partial ($101,401.11) - Pay Estimate #8 Partial ($65,018.79) - Pay Estimate #9 Partial ($56,088.00)

Mr. Gembala motioned to table the payments. Seconded by Mr. Monanteras. Motion unanimously passed.

Mr. Monanteras referenced a hand out prepared by Ms. Sury and stated that Lotton has a $1.1M cap and there is a $67,000 imbalance which would require them to collect the money from Lotton. Discussion ensued regarding the $1.1M cap, the penalties and landscaping. Mr. Wyllie stated that he would check the language of the contract.

Mr. Faberbock added that the tentative new schedule is August 28th to have the tank all sterilized and up and running.

Retract previous approval of water treatment plans for the Gates –

Mr. Pharazyn stated that he met with Jennifer, the plans look very nice and they are 99% ready to go. He recommends approving this motion. He added that he bumped into Mr. Lotton today and mentioned that he would be presenting him (Mr. Lotton) with a set of plans for the water treatment plant. He asked Mr. Lotton if he would like to go through formal channels and do that or just say “Here you go “, either way. He let Mr. Lotton know they would be in his hands tomorrow.

Mr. Monanteras asked if the gist of the change is to build the filtration plant where the well is at. Mr. Pharazyn said there are three or four main things that they did: 1) move the water filtration plant from underneath the water tower, down the block to where the well is going to be; 2) a five or six foot basement under the building to store the backwash effluent or water and release it into the sanitary system slowly, 3) some changes were made to the outside elevation of the building and the methodology used for construction; the building almost mirrors the school that’s on site. Those are the main changes, nothing to the filters, the piping, the SCADA, nothing to the heart of the building. It would all be aesthetics, the basement and the location.

Mr. Monanteras motioned to retract the previous approval of the water treatment plans for The Gates. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Approve revised water treatment plans for The Gates - Mr. Monanteras motioned to approve the revised water treatment plans for The Gates subject to Mr. Pharazyn’s final review. Seconded by Mr. Hanlon. Motion unanimously passed.

Status of easement issue for well on Route 41 –

See above.

Proposal – Cender & Company – Provide Financial Consulting Services to the Waterworks District -

Mr. Monanteras motioned to approve the proposal from Cender & Company to provide financial consulting services to the Waterworks District. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

New Business –

None

PAYMENT OF BILLS - #3068 - #3073 for $16,139.14 for Waterworks District and #4422 - #4475 for $430,454.31 for Water Utility -

Ms. Sims-Smierciak motioned to pay bill payment memos #3068 - #3073 for $16,139.14 for the Waterworks District and #4422 - #4475 for $430,454.31 for the Water Utility. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Pharazyn advised the Board that in his absence the Department of Homeland Security contacted Mr. Kil about sending some of their workers up to Highland, which the Town did. He has not spoken to John Bach (Highland Public Works Director) personally to find out how they did however he believes that they did a good job and spent three days there.

He added that when he returned on Monday he received a phone call from the Department of Homeland Security and from the Griffith Director of Public Works, Rick Konopasek, to ask if St. John could send some people up there. Mr. Pharazyn sent the payloader, the backhoe; two dump trucks and four workers. They spent Tuesday through Friday there. He received nothing but positive feedback from Mr. Konopasek on the performance of our workers and the equipment. Mr. Pharazyn stated that he also found out today that they qualify for reimbursement from the Department of Homeland Security for the equipment and time spent there.

Mr. Pharazyn stated that he would like to have Derwin attend the next meeting and would discuss the matter with Mr. Myers. He would like to allocate some time at the next study session to address the meter change out project. He does not know how much money he will need for new meters. Discussion ensued. The board agreed to pre-approve funding to keep the project going. Mr. Monanteras motioned to authorize Mr. Pharazyn to spend up to $30,000 on new meters. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Hanlon motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion unanimously passed. Meeting adjourned at 6:45 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Town Council Liaison Jerri Teibel.

Approval of the Minutes – Regular Meeting of August 18, 2008 and Executive Session of August 28, 2008 –

Mr. Hanlon motioned to approve the minutes of the Regular Meeting of August 18, 2008 and the Executive Session of August 28, 2008. Seconded by Mr. Monanteras. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville –

update

Offer status of six easement parcels -

Mr. Wyllie reported that he has received four of the six offers returned and signed, the one from NIPSCO is not a problem they need to hear from Mr. Faberbock where they are going to put the pipe and the sixth one should not be a problem either. Mr. Faberbock stated that he has talked to NIPSCO and they have the drawing. There was a short discussion to confirm that the payments for the easements will be from the Waste Water Treatment Plant (WWTP) fund.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie stated that he did not have an update. Mr. Gembala mentioned that the last time they had a communication from Mr. Muenich regarding this item was eleven months ago.

Sewer Recapitulation – Great Lakes Orthopedics –

Mr. Faberbock stated that they had a water problem, (confirmed) a water leak that resulted in excessive usage for three months last summer. Discussion ensued regarding the nine months of sewer bills that could be used for the recapitulation. Mr. Myers stated that he would like to wait until they have twelve months of bills to ensure this doesn’t happen again. Mr. Monanteras motioned to table the sewer recapitulation for three months. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Grants of Right – Water/Sewer – Mark Begs (SE corner of 93rd and Blaine) –

Mr. Begs addressed the Board regarding the subdivision being developed by Sophia Panagakis. He stated that he owns the property on the southeast corner of Blaine and 93rd along with his brother and other partners and that it would be cheapest to put in the sewer across his property, they have long ago intended to put a subdivision there. The property is in the county and he would like the Board’s approval to do so and would like to hook into the sewer in the next year or so. Discussion ensued. Mr. Pharazyn went over the two possible routes for the sewer; he agreed the most economical way to run the sewer would be through Mr. Begs’ property. Mr. Begs said he has about 20 acres that will be developed. Discussion ensued regarding the exact location of the property and if Schererville should be involved because of the district boundaries; Mr. Pharazyn stated that Mr. Volkmann in Schererville is aware and there is not a problem. Mr. Wyllie recommended that Mr. Faberbock look into this and they can review the matter at the next study session. Mr. Myers stated that they would not have a problem once all the appropriate steps are taken.

Sewage Capacity/System Development Charges – First United Bank –

Mr. Faberbock stated that the bank is going in at Park Place and Rt. 231; they are using a 4” line which equates to $50,000 for the water and sewer system development charges ($25,000 each), and they will have minimal water usage. Mr. Monanteras motioned to accept the letter from Mr. Faberbock regarding the First United Bank for sewage capacity and system development charges. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

Mr. Myers referenced the resolution for the temporary loan to the Town that they need to pass. He stated that he attended a meeting last Friday with Mr. Kil, received a spreadsheet showing the town’s finances and that the Town would like a loan of $600,000 from the Sanitary District. Because the Town already owes the District $800,000, the new loan should be repaid as soon as the tax money comes in. He added that the Town is not sure they want to use the PILT (payment in lieu of taxes) the District proposed. Mr. Monanteras expressed concern that the District may need the money in the event Schererville upgrades their water treatment plant in the near future. Discussion ensued regarding the legal requirements of when money needs to be repaid. Mr. Myers mentioned that he made it clear there would be no LS#1 improvements until the $800,000 is repaid; if construction stops because they run out of taps then that’s what it means. Ms. Sims-Smierciak motioned to pass Resolution SD #08-09-15 with the addition of “loan is to be paid at the first tax draw the town receives”. Seconded by Mr. Hanlon. Motion unanimously passed.

PAYMENT OF BILLS - #2087 - #2093 for $16,421.56 for Sanitary District & WW Utility #6260 - #6289 for $94,078.73 -

Mr. Monanteras motioned to approve bill payment memos #2087 – #2093 for $16,421.56 for the Sanitary District and Wastewater Utilities #6260 – #6289 for $94,078.73. Seconded by Mr. Hanlon. Motion unanimously passed.

Any and all business that may come before the Board

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John –

Mr. Myers stated that Nick Kile sent a letter to Mr. Lotton’s attorney, Todd Leeth, with the Boards’ conditions and their requests for action. Mr. Myers stated that he received an e-mail from Nick Kile today that was a response from Todd Leeth that stated, “I received your letter regarding our client BLB St. John, LLC and the Gates of St. John development. He was out of the office part of last week and was not able to discuss the issues raised in a meaningful way with Mr. Lotton in order to respond. There is a meeting scheduled with Mr. Lotton on Tuesday (tomorrow) and I hope to get back to you shortly after that. Thank you.” Mr. Myers stated that he hopes the Board will hear something in the next few days.

Caldwell Tank Discussion –

Mr. Myers stated that they have four partial pay estimates that total $321,945.39. It was reported that the last e-mail received from Caldwell is that they are basically done and it can be operational once it gets filled with water. Mr. Pharazyn stated that Caldwell’s opinion is that the tank is substantially complete and his opinion is that once the SCADA system is installed, the tank is substantially complete and ready for operation. As of last week SCADA, has not been started. Mr. Faberbock recommended that they pay #7, #8 and #9 as they have seen progress and should be paid something. Mr. Monanteras motioned to pay estimates #7, #8 and #9 in the total amount of $222,507.90. Seconded by Mr. Hanlon. Motion unanimously passed.

Status of easement issue for well on Route 41 –

Nothing to report

New Business

Mr. Myers commended Mr. Pharazyn and his staff and stated they were out all day yesterday trying to save their wells. Mr. Pharazyn stated that they had a problem over the weekend with wells #3, #4 and #5 and the water treatment plant was in danger of being flooded out due to the rains over the weekend. They built a berm and pumped water out of the building. Discussion ensued. To prevent this from happening in the future he would like to build a levee that starts at U.S. 41 and makes a horseshoe around the water treatment plant. Mr. Pharazyn elaborated on the plan and expects the project to cost about $60,000 and would take no longer than ten days to two weeks to complete. Ms. Sims-Smierciak motioned to allow Mr. Pharazyn to do whatever work is necessary to berm the water treatment plant and wells at a cost not to exceed $60,000. Seconded by Mr. Monanteras. Motion unanimously passed.

PAYMENT OF BILLS - #3074 - #3080 for $16,878.25 for Waterworks District and #4476 - #4535 for $186,055.70 for Water Utility –

Mr. Hanlon motioned to pay bill payment memos #3074 – #3080 for $16,878.25 for the Waterworks District and #4476 – #4535 in the amount of $186,055.70 for the Water Utility. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board

Ms. Sims-Smierciak stated that she heard that the Schererville Waste Water Treatment Plant overflowed, beyond capacity. Mr. Pharazyn said the treatment plant has the capability of bypassing the treatment plant and that was what was going on. He also stated that St. John has the highest elevation in Lake County, roads were closed at about 12 spots throughout town; maybe a half a dozen homes, four of which were totally engulfed with water, across from the Shrine; and Prairie West Park has been the highest it’s ever been, four homes came within of about a foot of their basements being engulfed with water

Public Comment –

None

Adjournment –

Mr. Hanlon motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion unanimously passed. Meeting adjourned at 6:58 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President; Michael Hanlon, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Kenneth Gembala, Member; Patricia Sims-Smierciak, Member and Jerri Teibel, Town Council Liaison.

Approval of the minutes – Regular Meeting of September 15, 2008 –

Mr. Hanlon stated that there was a word missing on page one under the agenda item of Sewer Recapitulation – Great Lakes Orthopedics. Mr. Monanteras motioned to approve the minutes of the Regular Meeting of September 15, 2008 with the addition of the word “would” under Great Lakes. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

SANITARY DISTRICT

Old Business

Interceptor to Schererville –

update

Offer status of remaining easement parcels –

Mr. Wyllie stated that NIPSCO is ready to go, the last parcel owner, Mr. Olivotto, is concerned about repairs to his parking lot. Mr. Myers stated that they would do that. Mr. Wyllie stated that he would add a sentence to reflect the repair to the parking lot.

Authorize payment for easements from WWTP Fund -

Mr. Wyllie stated that one of the parcel owners returned two of the three documents and he is waiting for receipt of the third document. Mr. Monanteras motioned to approve payment upon the receipt of all three documents. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

LS#3 – Easement status – (Bull Run Creek) –

There were no changes to report, this item to be left on the agenda.

Grants of Right – Water/Sewer – Mark Begs (SE corner of 93rd and Blaine) –

Mr. Faberbock stated that the owner does not want to do anything yet and he is working with Mrs. Panagakis. Mr. Myers said to remove this item from the agenda until Mr. Begs shows up at a district meeting. Mr. Faberbock distributed a concept plan that he received from the Panagakis’ engineers, V3.

Status update – Lotton Recapture Fee Reimbursement –

Mr. Pharazyn stated that Mr. Lotton should have received the recapture reimbursement fees received to date, but has not. Discussion ensued regarding the money in the fund, the need to review all the fees received from the permits that pertain to the recapture area to determine if these fees collected by permit issuance are to be forwarded on to Mr. Lotton or returned to the builders, and Mr. Pharazyn and Ms. Sury will be able to report the status at the next meeting.

Lotton – The Gates Development Sanitary Service Connections –

Mr. Myers stated that they had a meeting with Mr. Nick Kile on Thursday and referenced the Executive Session that night. The Town Council agreed with them that if Lotton does not meet with them and come to an agreement by November 1st there would be no issuance of water and sewer taps at The Gates. Mr. Myers stated that Mr. Kile sent a letter to Todd Leeth advising him of this decision and that he needs to contact the district. Mr. Monanteras motioned to authorize the building department or Mr. Pharazyn to stop all sewer taps in The Gates beginning November 1st if this is not agreed to. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

New Business

Public Hearing

Reading of the Budget Estimate for the following funds: Mr. Myers read the 2009 budget for the Sanitary District Operating and Sanitary District Bond & Interest Funds.

Proof of Publication –

Mr. Wyllie verified that the Proofs of Publication are in order and the budget estimate was published two times in The Times and Post Tribune.

Open Floor for Public Comment -

none

Close Floor for Public Comment

Ordinance #SD 98 – 2009 Sanitary District Budget – First Reading -

Mr. Monanteras motioned to consider Ordinance #SD 98, the 2009 Budget on first reading. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

PAYMENT OF BILLS - #2094 - #2110 for $34,732.88 for Sanitary District and WW Utility #6290 - #6334 for $900,621.57 -

Mr. Hanlon motioned to approve payment of memo’s #2094 - #2110 in the amount of $34,732.88 for the Sanitary District and for the Waste water Utility memos #6290 - #6334 in the amount of $900,621.57. Seconded by Mr. Monanteras. Motion passed with a vote of 3 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion –

Mr. Pharazyn stated that things are going slow. Discussion ensued and Mr. Wyllie would be going to confirm, in writing, to Caldwell Tank that final completion has to be after the exterior site work is done.

Pay Estimate #10 Partial -

Mr. Monanteras motioned to approve Partial Pay Estimate #10 in the amount of $99,437.49. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he is still working on this item.

Lotton – The Gates Development Water Service Connections –

Discussion ensued regarding the water taps, non-issuance of permits and the deadline. Mr. Hanlon motioned to authorize the building department or Mr. Pharazyn to stop all water taps in The Gates beginning November 1st if contact is not made with the district and a meeting held by November 1st. Seconded by Mr. Monanteras. Motion passed with a vote of 3 - 0.

NEW BUSINESS

Public Hearing

Reading of the Budget Estimate for the following fund: Mr. Myers read the 2009 budget for the Waterworks District Operating Fund.

Proofs of Publication –

Mr. Wyllie confirmed that the Proofs of Publication are in order and the budget estimate was published two times in The Times and the Post Tribune.

Open Floor for Public Comment -

none

Close Floor for Public Comment

Ordinance #WD 65 – 2009 Waterworks District Budget – First Reading -

Mr. Monanteras motioned to consider Ordinance #WS 65 – the 2009 Budget on first reading. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0.

PAYMENT OF BILLS - #3081 - #3093 for $28,085.11 for Waterworks District and #4536 - #4603 for $221,895.07 for Water Utility -

Mr. Hanlon motioned to pay bill payment memo’s #3081 - #3093 in the amount of $28,085.11 for the Waterworks District and memos #4536 - #4603 in the amount of $221,895.07 for the Water Utility. Seconded by Mr. Monanteras. Motion passed with a vote of 3 - 0.

Any and all business that may come before the Board

Mr. Myers referenced a news article that was distributed to the members regarding the upgrade to the Wastewater Treatment Plant in Schererville.

Public Comment –

None

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion passed with a vote of 3 - 0. Meeting adjourned at 6:28 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Mr. Monanteras, Vice-President arrived at 6:16 P.M. Town Council Liaison Jerri Teibel was absent.

Approval of the Minutes – Regular Meeting of October 20, 2008 –

Mr. Hanlon motioned to approve the minutes of the Regular Meeting of October 20, 2008. Seconded by Mr. Myers. Motion failed with two ayes and two abstentions by Mr. Gembala and Ms. Sims-Smierciak. Approval of the minutes re-introduced for consideration under the last item of the Waterworks District agenda.

SANITARY DISTRICT

Old Business

Interceptor to Schererville –

update

Offer status of remaining easement parcels –

Mr. Wyllie stated that the documents for three easements are done, paid for and recorded. Of the last three, he received a check from Ms. Sury for I-Ping and Yi-Ying Chiang. He stated that NIPSCO is on board and sent a package to them. The last one is Olivotto, who is represented by Attorney Greg Bouwer and he called today and stated that he is waiting for his clients to come in and sign everything. Mr. Wyllie stated that he believes that by the next meeting everything should be finished.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie stated that he has not had a response from them.

Status update – Lotton Recapture Fee Reimbursement

Approval to pay one reimbursement fee not collected for Gates of St. John and forward reimbursement fees to Mr. Lotton – Mr. Gembala motioned to authorize the payment of the one reimbursement fee from the WWTP fund for The Gates. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Lotton – The Gates Development Sanitary Service – Halt Future Sewer Service Connection Discussion –

Mr. Myers stated that their attorney, Nick Kile, sent two letters to Mr. Lotton asking him to come to some kind of agreement with the Sanitary Board and follow through on his agreement in the annexation ordinances, to follow through on building the infrastructure they are waiting for. They were pretty much ignored again. The second letter gave him a November 1st deadline to sit down with them and work this out. Again they were ignored. So as of November 1, 2008, they will not allow any further sanitary or water hookups (connections) in The Gates subdivision. That’s the entire subdivision, which in effect would tell Mr. Pharazyn to stop issuing building permits. He reminded them that they had Executive Sessions with the Town Council and they are on board with this. They will wait to see what Mr. Lotton does next, but as of November 1, 2008, no building permits, water and sewer taps will be allowed in The Gates. He stated that they are going to sit down in the near future with their attorney and Mr. Pharazyn is going to set up the meeting to see what the next step is.

Mr. Faberbock asked Mr. Wyllie if Mr. Lotton brings forward any final plats that have not already been approved do they consider (review) that or is just the sewer and water hookups. Mr. Wyllie stated they could do the final plat process because it’s just getting the subdivision approved; it’s just when they sell a lot that they are not going to issue the permits. Mr. Myers agreed.

Mr. Pharazyn stated that they received a request for a permit today for The Gates subdivision from McFarland Homes. The Building Commissioner approached him about it and the permit was denied. Mr. Pharazyn stated that he called Mr. McFarland personally; he did have a heads up as Mr. Kil spoke with Mr. McFarland last week that this was going to take place. Mr. Pharazyn advised Mr. McFarland that they will keep those permits aside and when the issue is resolved with Mr. Lotton, they will issue the permits as soon as possible. He added that it was not the Town’s intent to cause the builder’s a hindrance but that the Town feels it has been backed into a corner and had no other choice than to take these drastic steps.

Mr. Gembala referenced the building permit process also being affected by this action. Mr. Myers stated that you could not really get a building permit without the ability to tie into water and sewer so it affects both. Mr. Pharazyn stated that he specifically asked the attorney that the town has hired from Barnes & Thornburg that question, Mr. Nick Kile, and he stated that is a legitimate position for the town to take.

Adoption of Ordinance #SD 98 – 2009 Budget for Sanitary District Operating and Sanitary District Bond & Interest –

Mr. Hanlon motioned to adopt Ordinance #SD 98 – 2009 Budget for Sanitary District Operating and Sanitary District Bond & Interest. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

New Business –

None

PAYMENT OF BILLS - #2111 - #2116 for $14,769.80 for Sanitary District & WW Utility #6335 - #6367 for $2,480,578.54 –

Ms. Sims-Smierciak motioned to pay bill payment memos #2111 - #2116 for $14,769.80 for the Sanitary District and Wastewater Utility #6335 - #6367 for $2,480,578.54. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion –

Mr. Pharazyn stated that the tank had a small leak in it and they drained it. Caldwell had to cancel their appointment to come down and repair it, so they put it back in service and they are waiting for them to set up another time to come down and repair it. Mr. Pharazyn stated that it is not a big issue and that the tank for all intent and purposes is complete. The only thing remaining is the lighting that is going to go on the poles that will illuminate the top of the tank.

Status of Pay Estimates #7, #8, #9, #10 Partial -

Ms. Sury stated that Jennifer (Robinson Engineering) and Chicago Title said there was an issue regarding the payments, they have not been released and are working to resolve the matter.

Pay Estimate #11, #12 Partial –

Mr. Gembala moved that partial payments #11 and #12 be tabled pending further discussion. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Status of easement issue for well on Route 41 –

There was no report to provide.

Lotton – The Gates Development Water Service – Halt Future Water Service Connection Discussion –

Refer to discussion above under Sewer Service Connection.

Adoption of Ordinance #WD 65 – 2009 Budget for Waterworks District Operating -

Mr. Hanlon motioned to adopt Ordinance #WD 65 – 2009 Budget for Waterworks District Operating. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

New Business –

None

PAYMENT OF BILLS - #3094 - #3100 for $15,364.21 for Waterworks District and #4604 - #4679 for $2,151,044.24 for Water Utility –

Mr. Hanlon motioned to pay bill payment memos #3094 - #3100 for $15,364.21 for Waterworks District and #4604 - #4679 for $2,151,044.24 for Water Utility. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None Mr. Monanteras arrived at 6:16 p.m. and Mr. Wyllie asked that the board go back to the agenda, item #4 for the approval of the minutes by a motion and a second.

Approval of the Minutes – Regular Meeting of October 20, 2008 –

Mr. Monanteras motioned to approve the minutes of the Regular Meeting of October 20, 2008. Seconded by Mr. Hanlon. Motion passed with a vote of 4 ayes and one abstention.

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:20 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

Mr. Myers called the meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Robert Myers, President; Alex Monanteras, Vice-President (arrived at 6:16 P.M.); Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Town Council Liaison, Jerri Teibel.

Approval of the minutes – Regular Meeting of November 17, 2008 –

Mr. Hanlon motioned to approve the regular meeting minutes of November 17, 2008. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

SANITARY DISTRICT

Old Business

Interceptor to Schererville –update - Offer status of remaining easement parcels -

Mr. Wyllie stated that he received a check today from Ms. Sury to pay Ms.Olivotto that will be presented tomorrow and the document recorded. Mr. Myers executed the easement document for NIPSCO and he will get that countersigned.

Authorize payment for easement from WWTP Fund – Ms. Olivotto –

Ms. Sims-Smierciak motioned to authorize the payment for the easement from WWTP Fund to Ms. Olivotto for $7,100.00. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

LS#3 – Easement status – (Bull Run Creek) –

Mr. Wyllie stated that there has been no response and he will continue to follow up.

Adoption of Ordinance #SD 99 – 2009 Salary Ordinance -

Mr. Hanlon motioned to adopt Ordinance #SD 99 the 2009 Salary Ordinance. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

LS #3 Elimination Change Order for SBA –

Mr. Faberbock stated that this is to close the books on the project. The State Board of Accounts noticed that they paid less for the contract to Rex Construction for the construction work; this is a change order to balance the sheets. Ms. Sims-Smierciak motioned to authorize the change order with Rex Construction for LS#3 Elimination. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

New Business

Mr. Myers asked Ms. Sury to explain the two resolutions, Resolution #SD 08-12-15 and Resolution #SD 08-12-15A – before presentation to the board for consideration. Ms. Sury stated that both of these resolutions are for temporary loans. Resolution #SD 08-12-15 is a renewal of the $80,000 loan to pay the debt service on the bond and the $600,000 was for the loan to the Town. She stated that the tax draw did not provide enough money to pay off the loans; the loans need to be extended and the same fund, the WWTP fund was used. They are hopeful that when funds are received from the reconciliation bills that will be sent out the beginning of the year, there will be enough money to pay these two loans in full.

The other resolution #SD 08-12-15A in the amount of $12,000 is a new loan for the bond payment and is needed in addition to make the payment for the sanitary bond and interest.

Resolution #SD 08-12-15 – An Extension of Temporary Loans of Funds -

Mr. Hanlon motioned to pass Resolution #SD 08-12-15 an extension of temporary loans of funds. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Resolution #SD 08-12-15A – Authorizing a Temporary Loan and Transfer of Funds -

Ms. Sims-Smierciak motioned to approve Resolution #08-12-15A authorizing a temporary loan and transfer of funds. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

PAYMENT OF BILLS - #2117 - #2123 for $16,395.95 for Sanitary District & WW Utility #6368 - #6405 for $668,000.94 -

Mr. Hanlon motioned to pay bill payment memo’s #2117 - #2123 for $16,395.95 for Sanitary District and for the Waste Water Utility #6368 - #6405 for $668,000.94. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board

Ms. Sury asked if the meeting dates and times would remain the same for the next year and Mr. Myers confirmed that there would be no changes.

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion

Status of Pay Estimates #7, #8, #9, #10 Partial –

Mr. Wyllie stated that Pay Estimates #7, #8 and #9 have been paid by Lotton from his Letter of Credit. Ms. Sury mentioned that #10 was approved in October. It is pending, not signed off by Mr. Pharazyn and referenced the correspondence between Chicago Title and Jennifer from Robinson Engineering. Mr. Wyllie stated that he would like to see a motion to pay #10, #11 and #12 in full, the total amount will be $179,309.65 which will be Lotton’s responsibility. Discussion ensued regarding the penalties and the letter to be prepared by Mr. Wyllie. Mr. Wyllie stated that after this is paid out of Lotton’s Letter of Credit he will have paid $803,610 and the Water District needs to bill Lotton the balance of approximately $296,000 to get them at $1.1M. Discussion ensued. Mr. Gembala motioned to release payment for estimates #10, #11 and #12. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 5 - 0.

Ms. Sims-Smierciak motioned to authorize Mr. Wyllie to send a letter to Lotton’s bank requesting the balance of the $1.1M. Seconded by Mr. Hanlon. Discussion ensued regarding the penalties and remaining bills to be paid from the funds we receive from Lotton’s Bank. Motion passed with a vote of 5 - 0.

See above item.

Status of easement issue for well on Route 41 –

Mr. Myers stated that they would skip this item.

Adoption of Ordinance #WD 66 – 2009 Salary Ordinance -

Ms. Sims-Smierciak motioned to adopt Ordinance #WD 66 the 2009 Salary Ordinance. Seconded by Mr. Monanteras. Motion passed with a vote of 5 - 0.

Approval of Well #4 Repair –

Mr. Pharazyn stated that they have not received the invoice yet.

New Business

Permission to delete customer accounts paid in full and approval for write off on specified accounts - Both Districts - Mr. Monanteras motioned to allow the Clerk-Treasurer to delete customer accounts paid in full and approval for write off on specified accounts for both districts. Seconded by Mr. Hanlon. Motion passed with a vote of 5 - 0.

PAYMENT OF BILLS - #3101 - #3109 for $30,801.95 for Waterworks District and #4680 - #4731 for $649,973.47 for Water Utility -

Ms. Sims-Smierciak motioned to pay bill payment memo’s #3101 - #3109 for $30,801.95 for Waterworks District and #4680 - #4731 for $649,973.47 for Water Utility. Seconded by Mr. Monanteras. Motion passed with a vote of 5-0.

Any and all business that may come before the Board

Mr. Monanteras stated they have expended over $663,000 from the Wastewater Utility Fund, the bulk of that was the railroad right of way for $351,000; the easements added up to a little over $119,000 and the legal and engineering was about $193,500. He noted the loan balance of $800,000 from this fund for the original loan plus the additional $600,000 loan and the extension of this loan approved earlier in this meeting. He stated that he and Mr. Myers discussed this and it is their intention that there will be no more loans from this fund. Mr. Monanteras stated that he met with Mr. Kil and communicated this to him. Mr. Kil will be writing a letter to Mr. Austgen to begin the process of creating Tax Anticipation Warrants as needed in the future. The District is foregoing the interest and if the town is going to continue to operate this way with the tax situation the way it is, the town needs to be prepared to borrow the money and pay the interest out rather than have the District forego the interest.

Mr. Monanteras stated that he and Mr. Kil also discussed a second letter where they reiterated their position regarding increases in the system development fees, a 7% rate increase for sewer and they have offered in a sense to pay themselves back through PILT. Mr. Monanteras told him they want to get those things done as well as things they worked on back in February and March, the fees for the waiver of right, the recapture fees, those things are still on the table and nothing has happened.

Mr. Pharazyn stated that the temporary well at The Gates of St. John required a variable frequency drive that would require the motor to come off and on (similar to a dimmer light switch). He found a used one through John Boender and has been renting it to us for $800.00 a month. Because it is obvious this is going to carry on through the next year Mr. Pharazyn would like to purchase the drive. He was quoted a purchase price of $9,100 which includes credit for three months of rental fees. Discussion ensued regarding the purchase of a new one for the new building, use of this unit as a back up, referencing the 70/30 split added to the cost for Lotton and the timeframe. This item will be discussed further at the January study session.

Public Comment –

None

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion passed with a vote of 5 - 0. Meeting adjourned at 6:36 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer