Sanitary District Waterworks District Meeting Minutes 2009

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 6:10 P.M.); Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Election of Officers – both Districts –

Ms. Sims-Smierciak nominated Mr. Myers for President. Seconded by Mr. Hanlon. Mr. Gembala motioned to close nominations. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0. Separate vote for Mr. Myers as President, passed with a vote of 4 - 0.

Mr. Hanlon nominated Mr. Monanteras for Vice-President. Seconded by Ms. Sims-Smierciak. Mr. Gembala motioned to close nominations. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0. Separate vote for Mr. Monanteras as Vice-President, passed with a vote of 4 - 0.

Approval of the minutes – Regular Meeting of December 15, 2008 -

Mr. Hanlon motioned to approve the minutes of the regular meeting of December 15, 2008. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

SANITARY DISTRICT

Old Business

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

Mr. Wyllie stated that he has no report, Mr. Muenich does not respond to his messages. Discussion ensued regarding the manhole placed outside the easement. Mr. Wyllie will proceed with paperwork to condemn the property.

New Business

Legal Services Agreement for 2009 – Wieser & Wyllie -

Mr. Hanlon motioned to approve the agreement for legal services for 2009 for Wieser & Wyllie. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Proposal of Robinson Engineering for 2009 Services to Board -

Ms. Sims-Smierciak motioned to approve the proposal from Robinson Engineering for their services for 2009. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Payment of Bills - #2124 & #2000 - #2006 for $96,340.60 for Sanitary District & WW Utility #6406 - #6410 & #6000 - #6027 for $876,032.19 -

Ms. Sims-Smierciak motioned to pay bill memos #2124 & #2000 - #2006 for $96,340.60 for the Sanitary District and for the Wastewater Utility memos #6406 - #6410 & #6000 - #6027 for $876,032.19. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board

Mr. Pharazyn (inaudible) and Mr. Myers stated that Mr. Pharazyn is going to meet with Lotton tomorrow and look over the sanitary trunk line to Schererville.

Public Comment –

No one in attendance

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John - Caldwell Tank Discussion –

Mr. Wyllie stated that he met with Jennifer (Robinson Engineering) and Derwin last week to discuss the punch list. Mr. Pharazyn met with a Caldwell Representative at the site who initiated the contact with contractors to do the repairs. Mr. Wyllie stated that he has been in contact with the Caldwell Representative who has been responsive to his inquiries and added that the title company will not release the money until Caldwell submits their final bill. (Mr. Monanteras arrived during this discussion.)

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that there is no update. Mr. Gembala (under Sanitary District discussion) explained the roadway easement issue by the shrine on the Lift Station property for Mr. Forbes.

Approval of Well #4 Repair –

Mr. Pharazyn stated that the work is done and the approval for bill payment is on tonight’s docket. (Inaudible.)

Temporary Well – Gates of St. John – Purchase of VFD Unit –

Discussion ensued (inaudible) regarding rental vs. the purchase of the unit and the time frame of 36 weeks it will take for the filters. Mr. Wyllie stated that Mr. Lotton is questioning the water system development charges. Mr. Gembala motioned to purchase the Variable Frequency Drive for the temporary well at a cost of $8,300.00. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 5 - 0.

NEW BUSINESS

Legal Services Agreement for 2009 – Wieser & Wyllie -

Mr. Hanlon motioned to approve the legal agreement with Wieser & Wyllie for 2009. Seconded by Mr. Monanteras. Motion passed with a vote of 5 - 0.

Proposal of Robinson Engineering for 2009 Services to Board -

Mr. Monanteras motioned to approve the proposal from Robinson Engineering for their 2009 services. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 5 - 0.

Payment of Bills - #3110 & #3000 - #3004 for $20,282.52 for Waterworks District and #4732 - #4735 and #4000 - #4046 for $934,073.29 for Water Utility -

Mr. Hanlon motioned to approve bill payment memo #3110 & #3000 - #3004 for $20,282.52 for the Waterworks District and #4732 - #4735 and #4000 - #4046 for $934,073.29 for the 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. Pharazyn (inaudible) stated that they begun changing the water meters and he will report each month on how many they have done.

Mr. Monanteras stated that Karl Cender is working on all the detail schedule and justifications to increase the System Development charges for the water and sewer from $1,000 to $1,500. Mr. Wyllie has that information and has forwarded it on to Mr. Austgen, the resolutions they have passed raising the charge from $1,000 to $1,500 as well as the recapture agreements and the waivers of right to remonstrate, etc. Mr. Wyllie stated that the Town Council would hold a public hearing on January 22, 2009, for the system development charges.

Public Comment –

No one in attendance

Adjournment –

Mr. Hanlon motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion passed with a vote of 5 - 0. Meeting adjourned at 6:22 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; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer. Absent was Bob Pharazyn, Director of Operations.

Mr. Monanteras motioned to amend the agenda by removing under Sanitary District, New Business, item one, the presentation by Karl Cender and under the Waterworks District, New Business, item one, add Resolution WD #09-02-16. Seconded by Mr. Hanlon. Motion unanimously passed.

Approval of the minutes – Regular Meeting of January 19, 2009 –

Mr. Gembala motioned to approve the minutes for the regular meeting of January 19, 2009. Seconded by Mr. Monanteras. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update – NIPSCO –

Mr. Wyllie stated that he received an e-mail from a NIPSCO representative who will get the document executed.

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

Mr. Wyllie stated that he has left four or five voice messages for Mr. Muenich and has not had a response.

Discussion –Status of Moratorium on issuance of building permits – Gates of St. John – both districts –

Mr. Myers stated that Mr. Lotton’s response is essentially a retraction from where they were a year ago. He referenced the meeting with the attorneys and stated that the District would like to pull all previous agreements off the table and one last letter will be sent to Mr. Lotton replying to his counter offer. If Mr. Lotton does not make a serious counter offer, this will be worked out in the courts. Discussion ensued pertaining to the non-issuance of permits and that they will not be lifted until they have a signed agreement or a judge tells them that they have to start to issue permits. Mr. Monanteras motioned effective tomorrow to deny all water and sewer permits to anyone requesting one in The Gates subdivision. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Update – installation of water/sewer lines – Northeast corner of 101st Avenue and Calumet –

Randy referenced the correspondence he received from Mr. Austgen and stated that the parcel will not be a problem.

New Business

Grant of Temporary Sewer Easement – Heritage Christian School –

Mr. Faberbock referenced the previous approval of the grants of rights for the installation of the sewer/water lines and the recorded easements. Mr. Wyllie stated that the recorded easements of May 2008 are between CWS LLC (Frank Schilling, Manager) and Heritage Christian School and that no action is needed. Discussion ensued. Mr. Faberbock stated that he is in the process of checking out the drawings that were submitted.

PAYMENT OF BILLS - #2007 - #2019 for $17,210.07 for Sanitary District & WW Utility #6028 - #6061 for $664,099.59 -

Ms. Sims-Smierciak motioned to pay bill payment memos #2007 - #2017 for $17,210.07 for the Sanitary District and for the Wastewater Utility memos #6028 - # 6061 for $664,099.59. Seconded by Mr. Hanlon.

Mr. Monanteras referenced APV #6050 a payment to Caterpillar; this was to be split 50/50 with the Town with this year’s payment to be paid by the town. Ms. Sims –Smierciak amended the motion to approve said bills with the exception of #6050 (Old National Bank – Lease Caterpillar Payloader) in the amount of $14,618.76. Seconded by Mr. Monanteras. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

WATERWORKS DISTRICT

Old Blusiness

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion –

Mr. Wyllie stated that he received an e-mail today from Caldwell which indicated the last workers were there finalizing the punch list. When the punch list is done he will send the letter they requested regarding the liquidated damages.

Status of easement issue for well on Route 41-

no update available

Update – Gates of St. John additional acquisition of property for well and treatment plant -

Mr. Wyllie referenced the appraisal for the property (from Vale Appraisal Group) came in at $31,500 for the land needed for the water filtration/well facility. Discussion ensued. Mr. Wyllie and Mr. Faberbock will recheck the drawings before presenting the offer to purchase.

Purchase of Snow Removal Equipment (International DT 7400 cab and chassis with hydraulic dump body – both districts –

Mr. Myers stated that this is for the International DT 7400 cab and chassis with hydraulic dump body only, the snow removal equipment will be purchased by the town. Because they do not have the exact dollar amount this is deferred to the next study session. Mr. Monanteras motioned to defer this item to the next study session. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

New Business

Presentation by Karl Cender, financial representative, new fee structure for water connections in the Gates of St. John, if necessary – Mr. Myers stated that this is in regards to The Gates, this is what the special assessment district will be and what it will cost The Gates if and when the District has to build the plant or if they remove the old one. Mr. Cender stated that he was asked to come up with a special assessment charge based on the anticipated capital cost would be for constructing this new well system. They received the estimated equivalent units from Robinson Engineering and took the total debt service and divided by the estimated units. The special assessment charge they calculated is $4,855.00 for a combination of 5/8”, ¾” or 1” meter that will be the base charge. A larger meter will be based on an equivalency ratio as developed by American Water Works Association manual. This was based on 100% of the projects’ improvements for The Gates subdivision. Mr. Myers emphasized that this is only for water, they have not come up with anything for sewer yet. Discussion ensued regarding this recommendation to the Town Council, the need for the public hearing to be held and the passage of the ordinance to establish the fees. Mr. Hanlon motioned to approve Resolution #WD 09-02-16. Seconded by Mr. Monanteras. Motion unanimously passed.

Grant of Temporary Water Easement – Heritage Christian School -

item addressed above

PAYMENT OF BILLS - #3005 - #3013 for $20,023.17 for Waterworks District and #4047 - #4104 for $649,965.73 for Water Utility -

Mr. Monanteras motioned to approve vouchers #3005 - #3013 for payment in the amount of $20,023.17 and for the Waterworks District vouchers #4047 - #4104, in the amount of $649,965.73 except for #4090, (Old National Bank – Lease Caterpillar Payloader) in the amount of $14,618.76 for Water Utility. Seconded by Mr. Hanlon. 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 Ms. Sims-Smierciak. Motion unanimously passed. 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; 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, Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Presentation of Awards – Wellhead Protection Plan Contest -

Mr. Pharazyn provided an overview of the contest which was for fourth grade students to draw a poster that would be used in two reports the town would send out. One report goes to IDEM regarding the Wellhead Protection Plan, the other report goes to approximately 5,000 residents and businesses in the utility district as the cover of the annual water quality report. The theme of the poster was ways to protect the water. Mr. Pharazyn thanked Ms. Sims-Smierciak and Ms. Joan Millis for the work they put into the contest.

Ms. Sims-Smierciak thanked the fourth grade school teachers for their help with the posters, stated that there were many very good posters to choose from, it was a difficult choice and recognized the following students for the top three posters:

Third Place – Anna Crkovich, St. John Evangelist $50.00 gift card for Target
Second Place – Samantha Fischer, Lincoln Elementary $75.00 gift card for Target
First Place – Briana Sobczak, St. John Evangelist $100.00 gift card for Target

Briana’s poster will be the one used as the cover for the two reports mentioned above and all three posters will be on display in the Town Hall for the next month.

Approval of the Minutes – Regular Meeting of February 16, 2009 –

Mr. Gembala motioned to approve the minutes of the Regular Meeting of February 16, 2009. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – Update – NIPSCO –

Mr. Wyllie confirmed that the document is ready and signed it is just a matter of NIPSCO getting it to him so he can record it. He added that the easement has been extended for several years.

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

Mr. Wyllie stated that he requested the actual legal description from Randall so he can get an appraisal and reminded the Board that this parcel is going for condemnation.

Discussion – Status of Moratorium on issuance of building permits – Gates of St. John – both districts –

Mr. Myers reported that Mr. Forbes, Mr. Barenie, and he had a meeting with Mr. Lotton and another meeting is scheduled for this Friday. He said it’s a contract, so they’re talking. Mr. Wyllie added that he received a call from Lotton’s attorney today. They were to have their mediation before May 1st and the plan is that based on how or what happens with the talks, they plan to try and schedule the mediation in the last couple weeks of April.

Update – installation of water/sewer lines –

Northeast corner of 101st Avenue and Calumet – project approval – Mr. Gembala asked if the litigation with Dyer had any effect, knows they received a letter from Mr. Austgen stating it did not and referenced the new revision. Mr. Forbes stated that he believes the area in question has been removed from Dyer’s annexation package. Mr. Monanteras motioned to approve the installation of water & sewer lines on the Northeast corner of 101st Avenue and Calumet. Seconded by Mr. Hanlon. Motion unanimously passed.

Request of Eenigenburg Builders – Sewer (summer sprinkling credit) –

Ms. Sims-Smierciak motioned to reject the request. Seconded by Mr. Monanteras. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Gembala. Mr. Gembala stated that he abstained because he has done some work for this company in the past.

New Business

Update – SRF Stimulus Funding for LS#1 –

Mr. Pharazyn stated that he is waiting for direction from Mr. Kil in light of the potential unavailability of funds. He found out there is $315 million in projects lined up for this money and $130 million available in low interest loans. These funds already appear to be committed and he doesn’t feel this is the right time for the project. He stated that Robinson’s cost was going to be significantly higher as well and that there are other projects they can work on; the timing for the sewer project is bad.

PAYMENT OF BILLS - #2020 - #2028 for $18,776.05 for Sanitary District & WW Utility #6062 - #6095 for $1,192,368.69 –

Ms. Sims-Smierciak motioned to pay bill payment memo’s #2020 - #2028 for $18,776.05 for the Sanitary District and for the Wastewater Utilities #6062 - #6095 for $1,192,368.69. Seconded by Mr. Monanteras with a question. He referenced APV #6082 for Underground Pipe and Valve pertaining to the meter change over program. He stated that he previously discussed this with Mr. Pharazyn and they agree that 100% of this cost should be charged to the water side. APV #4143 is the other half of the bill. Discussion ensued. Mr. Gembala motioned to amend the previous motion to remove that item from the amount they are approving. 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

Caldwell Tank Discussion - Partial Pay #13 - $9,225.00 and Partial Pay #14 - $9,090.05 –

Mr. Wyllie recommended that the Board not take any action. He stated that he met with Caldwell’s representative who advised them he could not discuss this with them and that Caldwell may have to get their lawyer involved. Mr. Wyllie stated that Caldwell considers liquidated damages late at 61 days; the District considers the liquidated damages to be late at 248 days. Mr. Wyllie anticipates they will agree somewhere in between and advised the Board to defer both these items. Mr. Monanteras motioned to defer both payments. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Monanteras stated that from the look of things the District owes them about $220,000. Mr. Wyllie referenced a list of payments used in the meeting with Caldwell last Friday and summarized that the developer has paid $803,000 and the Town has paid $999,000 as of today’s date. His understanding is that Chicago Title is going to issue the check to the District for payments #13, #14, #15 and the 10% retainage. $259,000 will be a check to the District, that will be the amount they will be negotiating with Caldwell and that relieves Lotton of his $1.1 million, he is paid in full.

Status of Easement for well on Route 41 –

Mr. Wyllie reported that he spoke with Mr. Meunich who indicated that this one would be received very soon.

Updated Appraisal – Gates of St. John addition acquisition of property for well and treatment plant –

Approval to pay Vale Appraisal Group revised amount is $29,000 with $1,500 to Vale Appraisal Group - Mr. Myers and Mr. Wyllie stated that the payment should be approved, however, the payment not sent out for the property. Discussion ensued. Mr. Monanteras motioned to pay Vale Appraisal Group $1,500 for services rendered. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Update – T-Mobile – antenna work –

Mr. Wyllie stated that there was not going to be any additional equipment and that this is only going to be an upgrade of the equipment.

Approval to pay for gift certificates/party – Wellhead Protection Plan Contest –

Pizza’s from Carlos’ and $225 reimbursement to Ms. Pat Sims-Smierciak – Ms. Sims-Smierciak stated that the Target gift certificates totaled $225.00. The three classes with the most entries will receive a pizza party from Carlos’s pizza. Each class should be no more than $75.00 each which includes all the drinks and the family size pizzas. Mr. Monanteras motioned to approve payment for the gift certificates and party for the Wellhead Protection Plan Contest for an amount not to exceed $500.00. Seconded by Mr. Hanlon. Motion unanimously passed. Ms. Sims-Smierciak added that the contest qualifies for the Public Relations part of the IDEM requirement for the Wellhead Protection Plan.

Suncrest Church – billing status of three private hydrants –

Mr. Myers stated that previously the Board discussed this and decided they would not give them a discount this year; however they would look at a new proposal next year. Mr. Monanteras motioned to deny their request for the 2008 non-payment and to revisit this item next year. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

Mr. Pharazyn stated that it is the time of year he goes to the schools for Safe Drinking Water Week and anticipates he will need 3,000 water bottles at a cost of $1.50 each. Discussion ensued. Mr. Hanlon motioned to approve the purchase of water bottles not to exceed $4,000. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Pharazyn gave an update on the meter replacement project. They have done 126 and have another 13 or 14 appointments to do. Mr. Myers stated that he has received feedback that the actual meter readings are higher than what we have been getting off the radio reads. Discussion ensued regarding how to handle the higher meter readings, and preparation of the adjusted bills allowing time payments for the specified account customers whereby the revenue will not be lost. Mr. Myers stated that the actual meter reading is what counts. Discussion ensued regarding the difference in the reads, any differences if owed should be charged and an overall communication effort to advise all the customers regarding the ongoing meter change over program. There is only one reading (account) that is significantly higher at this time resulting in a high consumption billing. Mr. Pharazyn will prepare a letter that would provide an explanation of the situation to be sent out to this customer and their utility bill would be prepared accordingly. Further discussion ensued as to the procedure to be implemented after the first thousand gallons at the time of the meter change over and the previous program performed several years ago.

PAYMENT OF BILLS - #3014 - #3021 for $17,447.69 for Waterworks District and #4105 - #4153 for $887,872.56 for Water Utility –

Mr. Monanteras motioned to pay bill payment memos #3014 - #3021 for $17,447.69 for Waterworks District and memos #4105 - #4153 for $887,872.56 for the Water Utility. Seconded by Ms. Sims-Smierciak. Motion unanimously passed. Motion was amended to add the payment (for the meters – referenced APV #6082 – Underground Pipe & Valve) that was deleted from the Sanitary District.

Any and all business that may come before the Board

Mr. Monanteras asked Mr. Wyllie about the Judge’s orders for the mediation. Mr. Wyllie stated that he is going to contact Mr. Kile to discuss who they would want to attend the mediation and the injunction hearing. He anticipates Mr. Myers and Mr. Monanteras will be asked to attend the injunction hearing on the 14th.

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Monanteras. Motion unanimously passed. Meeting adjourned at 6:40 P.M.

ATTEST:

/s/ SHERRY P. SURY, Clerk-Treasurer

Mr. Barenie called the meeting to order of the Town Council and Sanitary/Waterworks District at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following Town Council members present: Mark Barenie, President; Michael Forbes, Vice-President; Michael Fryzel, Member; Jerri Teibel, Member and Steve Kil, Town Manager. The following members of the Sanitary and Waterworks District Boards were present: Bob 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 were Gregory Volk, Town Council Member and David Austgen, Town Council Attorney. Also in attendance was Karl Cender.

BLB St. John – Gates of St. John – Subdivision Issues –

Mr. Barenie referenced the handouts and asked that Mr. Wyllie and Mr. Myers lead the discussion as they have had numerous discussions regarding this matter.

Mr. Wyllie stated that it looks like they have agreement on both sides on most items. There are about four to six items that are not major issues that have to do with timing of when he begins payment of the fire station, how soon the construction of the water line starts, issues like that. He stated that he spoke with both of Mr. Lotton’s attorney’s today and said the Town owes them discovery and a response to the injunction motion this week. The attorney’s told him they will not push litigation and perhaps this can be settled sometime this week and that he wanted everyone to see where they are with this.

Mr. Myers added that he agrees with Mr. Wyllie that they are pretty much there, the four to five items left are not a deal breaker and they will explain to Mr. Lotton why they don’t want those included in the agreement. They had plenty of discussions and they will build the water treatment plant without a rate increase and stated that Mr. Cender is in attendance to answer any questions they may have. Mr. Cender has met with Mr. Pharazyn and Mr. Monanteras numerous times to discuss the financing portion.

Mr. Cender stated that they looked at the existing rates for the year ending December 31, 2008, and it appears they do have, adjusting some of the operational maintenance items, to have what they are proposing for the 2009 budget. They will still be able to cover those items and include that service in not only the existing bonds but on the total 3.9 of what they are proposing for the facility. The bond ordinance will probably be for $4 million, there will not be a rate increase and after the engineers look at the project, there will be a resizing of the bond.

Mr. Barenie asked if there would be any undue stress put on the rest of the projects in town that may need to be delayed or deferred for a time. Mr. Myers stated that there was nothing major that needs to be stopped. It will tighten Mr. Pharazyn’s budget a bit; he won’t have as much money to spend the next few years. He also said the system development fees will now come to the town instead of the recapture agreement. Mr. Pharazyn stated that the only capital improvement work they will be doing, that is shown in Mr. Cender’s budget for next year, will be the water meter replacement program. The water meter replacement project will cost about $145,000 per year for the next three years and paid through the system development fees fund.

Discussion ensued regarding the pay off of any current bond issues, the need to have a schedule (timetable) and Mr. Monanteras explained the offset regarding the anticipated revenue to be received for the capital improvements from the increase in the system development fees.

Mr. Fryzel referenced the open issues as noted in the handout and inquired about the first line of Mr. Lotton’s attorney’s letter, clarification on the 3.5 million plus interest. Mr. Wyllie stated that this is regarding the sanitary line that Mr. Lotton is required to run to Schererville, the amount he is to recapture is up to $3.5 million and the District doesn’t think he is going to expend $3.5 million. Discussion ensued regarding the recapture up to $3.5 million. Mr. Wyllie stated that the recapture starts once the construction starts. Discussion ensued. Mr. Kil asked for clarification of the construction start and notification as to when to begin the recapture so that the information could be forwarded to Building and Planning to begin collecting the fee district wide. Mr. Myers stated that items two and three are not of concern to Mr. Lotton, the time frame is of concern to the Town. Discussion ensued.

Mr. Fryzel expressed concern why the original attorney, Mr. Kiel, was not at the final meeting and why an assistant was there. Discussion ensued. Mr. Myers said it didn’t matter as Mr. Lotton’s attorney’s showed up with two new documents. Item four is that Mr. Lotton wants to see the final plans and Mr. Monanteras stated that they were finalized last March.

Mr. Myers stated that they hope to get this finalized this week and then send it to the Town Council for approval. Once they get Mr. Lotton’s signature they will also ask for permission to release the permits.

Ms. Teibel asked what the utility board’s requests are. Mr. Myers stated that his comments are the ones in front of the document handout.

Discussion ensued regarding the timeline for the agreement and release of the building permits. Mr. Myers stated that there are three parts to the agreement: sign the agreement, a copy of the contract with his developer that he’s going to put in the sanitary sewer line; and an order sheet showing that the material for that line has been ordered. If Mr. Lotton does these three things they could release the permits and the Town Council could act on the agreement.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. 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, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney, Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – Regular Meeting of March 16, 2009 –

Mr. Monanteras motioned to approve the minutes of the Regular Meeting of March 16, 2009. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Pharazyn stated that they are cutting trees and that he has a meeting tomorrow with Mr. Lotton.

New Business

Approval of “The Gates” Settlement Agreement between BLB St. John and St. John Utility Districts (Both) – Mr. Wyllie referenced the Town Council meeting whereby the agreement was approved, the revision on page five pertaining to Robinson’s legal description that would be utilized, that the water filtration plant will be built with the one foot additional, Exhibit A, and that will be attached to the agreement. Ms. Sims-Smierciak motioned to approve “The Gates” Settlement Agreement between BLB St. John and the St. John Utility Districts (Both). Seconded by Mr. Monanteras. Motion unanimously passed.

PAYMENT OF BILLS - #2029- #2042 for $31,454.40 for Sanitary District & WW Utility #6096 - #6134 for $780,093.35 –

Mr. Monanteras motioned to pay bill payment memo’s #2029 - #2042 for $31,454.40 for the Sanitary District and the Wastewater Utility #6096 - #6134 for $780,093.35. Ms. Sims-Smierciak requested to amend a line item. Mr. Myers stated that one item would be removed (APV #6099) in the amount of $125.00, the fee to Cintas for the cleaning of the Village Hall bathrooms until clarification is received as to why they are paying for this. Mr. Monanteras amended his motion to make those payments with the exception of APV #6099 for $125.00. Seconded by Mr. Hanlon. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Wyllie stated that he sent the Town Manager a memo stating he should start collecting the new fees today along with the amortization schedule for the 36” transmission line.

Mr. Monanteras referenced the Bond and Interest Fund and stated that they have not been collecting the monies back from the State timely enough to make these payments directly out of the fund. They have lent money from the Wastewater Treatment Fund to this fund, now they have the money and going to re-pay it but now they are going to have to re-borrow it. As of the end of March the wastewater money for system development is over $900,000 and would like to re-pay the wastewater treatment fund and borrow back from the system development fund. He would rather have the only outstanding loan from the wastewater treatment plant to be what the Town owes them $811,000. He stated that it is his understanding that the Clerk’s office, Mr. Cender, and Mr. Kil are discussing tax anticipation warrants to prevent the Town from coming back and borrowing any more money from the wastewater treatment plant fund. Ms. Sury confirmed that is correct, discussion ensued. Mr. Monanteras added that Mr. Cender would have his report ready for presentation at their next study session.

Public comment -

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John - Caldwell Tank Discussion –

Mr. Wyllie stated that he sent the agent an e-mail, they would be getting back to him soon.

Status of easement issue and Public Hearing for well on Route 41 – Mr. Wyllie stated that he is waiting to hear back from Mr. Muenich.

Status of meter change over program –

Mr. Pharazyn reported that as of today they have installed 190 meters.

New Business

Resolution # WD 09-04-20 Issuance of Revenue Bond not to exceed $4 million for the water treatment plant and well field –

Mr. Monanteras motioned to pass the $4 million bond Resolution # WD 09-04-20. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Pharazyn requested the Board’s authorization to advertise for bids for this project with the advertisement in the newspaper Friday or Saturday of this week. Mr. Monanteras motioned to amend the agenda to add Mr. Pharazyn’s request to advertise for bids for the water treatment plant project. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Monanteras motioned to authorize Mr. Pharazyn to advertise for bids for the water treatment plant. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Cender stated that he referenced the bond schedule, the first reading of the bond ordinance by the Town Council will be this Thursday, the second reading will be May 21st and will be the final approval for the Town to issue the bond. Mr. Pharazyn stated that this is where he has an issue with the Town Manager and the Bond Counsel about why they cannot approve it the same night with two readings if the Town Council is comfortable with it. It will cost them a month at the end of the schedule which will make a difference of the water treatment plant operating mid to late June or mid to late July. He is concerned not only because of potential weather problems but there is language in the bid document that after September 15th of this year they can remove the temporary well facility which will render it un-useful for the following spring early summer. Discussion ensued. Mr. Cender resumed reviewing the bond schedule noting that bids will be opened on June 1st; awarded on June 15th, the 17th will be the first publication to sell the bonds, the second notice will be the 24th, a tentative bond sale on July 9th, close on the 23rd and notice to proceed the next day.

Mr. Wyllie asked that the Board vote on the proposals/letters of engagement from Cender & Company, Barnes & Thornburg and Mr. Wyllie for the bond work. Discussion ensued as to the fees. Mr. Monanteras motioned to amend the agenda to include the proposals from their financial advisors, bond attorney and Weiser & Wyllie for their services to float the bond. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Monanteras motioned to approve the Letters of Engagement, Karl Cender not to exceed $30-35,000,00 for the Bond Counsel, Barnes and Thornburg not to exceed $45,000.00 and Weiser & Wyllie the fixed fee of $10,000.00. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

PAYMENT OF BILLS - #3022 - #3032 for $22,997.69 for Waterworks District and #4154 - #4207 for $676,858.02 for Water Utility –

Mr. Hanlon motioned to pay bill payment memo’s #3022 - #3032 for $22,997.69 for Waterworks District and #4154 - #4207 for $676,858.02 for Water Utility. Seconded by Ms. Sims-Smierciak. 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 Ms. Sims-Smierciak. Motion unanimously passed. 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; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – St. John Town Council & SD/WD District Joint Executive Session on April 16, 2009; St. John Town Council & SD/WD District Joint Special Meeting of April 6, 2009 and Regular Meeting of April 20, 2009 -

Mr. Gembala motioned to approve the April 6th Joint Meeting from the standpoint of the Sanitary and Waterworks District. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Gembala motioned to approve the minutes of the Regular Meeting of the Sanitary and Waterworks District. Seconded by Mr. Monanteras. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Pharazyn stated that he spoke to R&R Sewer today, the contractor who will be doing the work, on behalf of Mr. Lotton. Rain obviously has been a challenge the past three to four weeks. Tomorrow they will be going in there to attempt to cut a road as access to the area in back of the water treatment plant to get some stone in. Manholes are built; pipe is ready to be delivered but they need Mother Nature to come around a little bit and dry things up for them back there. They do expect to begin, if weather continues to cooperate, by June 1st.

Biennial Rate Study Progress –

Mr. Myers referenced his e-mails previously sent out and asked for a motion to hire Steve Carter as their Financial Consultant regarding the Schererville Biennial Rate Study progress and anything to do with the Schererville Treatment Plant. Mr. Monanteras motioned to hire Steve Carter as their Financial Consultant regarding the Schererville Biennial Rate Study progress and anything to do with the Schererville Treatment Plant. Mr. Wyllie asked that the motion reflect that Mr. Carter is with Umbaugh and Associates. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Wyllie stated that he would notify council for Schererville, Mr. Austgen, that they hired Steve Carter for the Biennial Rate Study as well as address St. John’s 20% pro-rata share of the capital replacement cost.

Schererville Capital Cost – payment request WWTP – 4/29/09 –

Discussion ensued and this item will be deferred to next month to give Mr. Carter a chance to review it. Mr. Pharazyn stated that he spoke with Mr. Volkmann, Schererville’s Town Manager, today regarding this letter and the attached invoice for $130,000. The invoice is a separate issue; they drained a couple of tanks, had some small problems, were going to repair them and before they knew it turned into a $130,000 repair. Discussion ensued. Mr. Pharazyn stated that what they are asking for is 20% payment of this bill. That is, 20% of $130,000.00, so it is two separate issues. There are going to be several phases not just the two mentioned in this memo. Mr. Gembala motioned to defer to next meeting. Seconded by Mr. Monanteras. Motion unanimously passed.

New Business

Mr. Wyllie stated that there was a Grant of Right to install Sanitary and Water lines to Jim and Louise Janda. Discussion ensued regarding this area that was not annexed into town. Ms. Sims-Smierciak motioned to approve the Grant of Right to Install Sanitary Lines to Jim Janda and Louise Janda with the waiving of the fee. Seconded by Mr. Hanlon. Motion unanimously passed.

PAYMENT OF BILLS - #2043 - #2049 for $25,258.62 for Sanitary District & WW Utility #6135 - #6165 for $104,085.99 –

Mr. Monanteras questioned APV #6144 which is the $800 recapture fees paid. Ms. Sury referenced the two different recapture fees being collected and forwarded monthly to BLB St. John (Lotton) per the agreement. Ms. Sims-Smierciak inquired about APV #6136, the liability insurance payment for the Sanitary property. Ms. Sury explained that it pertained to the equipment, land, liability, and the normal charges for the district’s insurance. Mr. Myers asked about 8506 Heather Court sewer work that was charged to the district; Mr. Pharazyn stated that this was the letter that was read at last month’s meeting. He said there would be one more bill for landscaping. Mr. Myers also asked about the street repair at Calumet and White Oak. Mr. Pharazyn stated that this was for cutting the trenches for running the sewer lines for the new homes. Mr. Hanlon motioned to pay bill payment memo’s #2043 – #2049 for $25,258.62 for the Sanitary District and for the Wastewater Utilities #6135 – #6165 for $104,085.99. 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

Caldwell Tank Discussion–

Mr. Wyllie stated that he just received Jennifer’s comments on the letter on Thursday and he was out on Friday. Discussion ensued regarding the Districts’ response to the letter and that Mr. Wyllie will respond that they are in receipt of their letter and the board’s position on this matter.

Mr. Wyllie stated that he has a Quit Claim Deed for execution for Lot #1427. Mr. Monanteras asked what the status of the checklist is. Mr. Pharazyn stated that as far as he is concerned they are done. Discussion ensued (inaudible).

Authorization to re-advertise for bids – water treatment plant and well – Gates of St. John -

Mr. Myers stated that they are going to re-publish the water treatment plant and well construction, notice to bidders. He stated that they did absolutely nothing wrong, had the right to do what they did but rather than stall our process of the building because someone decides they want to sue us, they are going to change the way they are doing things, and republish the notice. Mr. Wyllie added that because some contractors were concerned about the prequalified bidders, (inaudible) they decided to republish rather than risk a lawsuit. With those issues it is better to republish. Mr. Myers added that other communities including INDOT have restrictions on who can bid on their projects. Mr. Wyllie stated that there is a specific Statute in Indiana that states that INDOT has their own prequalification process that they can only pick from certain contractors that build highways, and other construction; they don’t let just anybody build. There is a specific Statute that INDOT has, it does not apply to the Town of St. John, Schererville, or anybody, the utility board is restricted by the Public Bidding Statute (inaudible).

Mr. Monanteras motioned to authorize to the republication on the bid. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Discussion ensued regarding a mandatory meeting for the bidders and that the motion to approve the re-publication of the notice to bidders should satisfy any objections that were raised. Mr. Wyllie referenced the two letters he sent out. Mr. Pharazyn suggested that they have a pre-bid meeting; if people choose to come and are serious about the job they will be there. If they’re not…they’re not. Discussion ensued. It was decided not to have a mandatory meeting.

Discussion ensued regarding the revised notice and specification booklet, they are going to eliminate the word “Town Engineer” from the notice so that the language can be Mr. Pharazyn’s and anyone else’s. Mr. Pharazyn also referenced the other changes in the specification booklet.

Status of easement issue and Public Hearing for well on Route 41 –

Mr. Wyllie stated that he has not received a response. Discussion ensued. Mr. Myers stated that something needs to be done this individual has received what they wanted. Mr. Faberbock stated that would make a follow up call.

Status of meter change over program –

Discussion ensued regarding the status of Mr. Shapiro’s request. Mr. Monanteras motioned to send a response to Attorney Shapiro advising him that. Seconded by Mr. Hanlon. Motion unanimously passed. Mr. Pharazyn referenced a few residents who did not respond to repeated attempts to set up an appointment to have their meters replaced. Discussion ensued and Mr. Wyllie will send letters out to the residents that refused entry to their homes for their meters to be replaced.

Grant of Right to install water & sewer lines – Jim and Louise Janda – 14174 W. 101st Avenue – waiver of fees -

Mr. Monanteras motioned to approve the Grant of Right to Install Water Lines to Jim and Louise Janda and to waive the fee. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

PAYMENT OF BILLS - #3033 - #3041 for $24,920.52 for Waterworks District and #4208 - #4253 for $299,760.90 for Water Utility -

Mr. Monanteras inquired about bill number #4213, and three payments for Highway 41, APV #4240 for approximately $25,000.00. Ms. Sury stated that APV #4213 pertains to the Lotton original recapture agreement and confirmed that the $121,870.81 collected for the recapture, was placed in the Water System Development Fund due to the new agreement. Mr. Pharazyn stated that these bills (APV #4240) were for the mandate by INDOT to relocate the water main near LS#1. Mr. Hanlon motioned to pay bill payment memos #3033 – #3041 for $24,920.52 for Waterworks District and #4208 – #4253 for $299,760.90 for Water Utility. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment

Joe Hero, 11723 S. Oakridge Drive – referenced the re-publication of the revised notice to bidders that was approved and asked what the estimated time and project cost of the Water Treatment Plant will be. Mr. Pharazyn stated that it is $3.7M and change and prefers that this number stay as close to the vest as possible as to not contaminate the people that are going to bid it because when you hear that number they tend to believe that that is what the job ultimately will cost.

Mr. Hero asked if there will be any federal funding? Response was no.

Mr. Hero referenced the criteria for qualifications for redoing this bid and asked who developed the old criteria for qualifications and asked if the board did that. Mr. Myers stated that it was a combination of the board, Town employees and Robinson Engineering. Mr. Hero asked what meeting this was done at and Mr. Myers stated that it was discussed among himself, Mr. Pharazyn and the Town Engineer and that is was not a board decision.

Mr. Hero asked who established the new criteria and Mr. Myers said that there is no criteria. Mr. Wyllie and Mr. Myers stated that anyone can make a bid.

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion unanimously passed. Meeting adjourned at 6:32 P.M.

ATTEST:

s/s SHERRY P. SURY, Clerk-Treasurer

Note: Entire Tape from meeting inaudible

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; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Barbara Haralovich Pro tem for Sherry Sury, Clerk-Treasurer. Absent were Alex Monanteras, Vice-President and Pete Faberbock, Robinson Engineering. Also present was Jennifer Prinz, Robinson Engineering.

Approval of the minutes – Regular Meeting of May 18, 2009 –

Mr. Hanlon stated that there were three typographical errors; on page three in the last paragraph the amount should be $25,000.00; on page four in the public comment, it was Mr. Faberbock that replied to Mr. Hero’s question not Mr. Pharazyn* and in the third paragraph of public comment line four delete the second “this”. Mr. Gembala stated that on page three, the word “Statute” was misspelled. Mr. Hanlon motioned to approve the minutes with the above-mentioned changes. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0. (*Audio tape was re-checked and it was re-verified that the comments made were by Mr. Pharazyn, therefore, no correction to this reference was necessary.)

Water Treatment Plant Bid Opening

Mr. Wyllie confirmed that the Proofs of Publication were in order being published in both The Times and the Post Tribune. Six bids were received, all file stamped, compared to the list of prospective bidder’s list, arranged in the order of receipt, and all received before the 6:00 p.m. deadline. Mr. Wyllie opened and read all the bids, confirmed receipt of the three addendums by all bidders and stated that the bids were in order:

COMPANY	BID AMOUNT
LGS PLUMBING	$2,383,708.56
BOWEN ENGINEERING	$2,392,950.00
GASKILL & WALTON	$2,368,800.00
HASSE CONSTRUCTION	$2,170,000.00
THIENEMAN CONSTRUCTION	$2,164,000.00
JOSEPH H HENDERSON & SON	$2,229,000.00

Mr. Gembala motioned to take the bids under advisement. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – Update –

Mr. Pharazyn stated that there is a problem on U.S. 30 regarding ground water and there is fiber optic cable installed in the easement the Town purchased. Mr. Wyllie stated that he needs to see the documents to determine what was not picked up in the topological work. Mr. Pharazyn stated that he would sort through the documents and send SBC a letter.

Biennial Rate Study Progress –

Mr. Wyllie stated that he has not received an update from Umbaugh & Associates nor from Mr. Austgen.

Schererville Capital Cost – payment request WWTP – 4/29/09 –

Mr. Pharazyn stated that he has not received any feedback and added that Mr. Volkmann, Schererville’s Town Manager and Mr. Phipps would attend the district’s next study session to update them on the improvements over the next two years. Mr. Gembala motioned to table until the next regular meeting. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Utility Billing Dispute – Mr. Shapiro –

Ms. Sims-Smierciak motioned to deny Mr. Shapiro’s request. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0. Mr. Wyllie stated that he would send Mr. Shapiro a letter advising him of the Board’s decision.

Pay Request #5 Partial - $4,171.65 and Pay Request #6 Final - $44,009.90 minus $229.40 due to Reduction in change order adjustment –

This is for the SCADA project, Mr. Pharazyn asked that the check be held until he receives the project manuals. Mr. Hanlon motioned to approve payment and to hold the check until Mr. Pharazyn receives the project manuals. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

NEW BUSINESS

PAYMENT OF BILLS - #2050 - #2057 for $15,335.16 for Sanitary District & WW Utility #6166 - #6196 for $2,781.628.66 –

Mr. Hanlon motioned to approve payment of pay vouchers #2050 - #2057 for $15,335.16 for the Sanitary District and Waste Water Utility pay vouchers #6166 - #6196 for $2,781.628.66. 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

Caldwell Tank Discussion –

Mr. Wyllie stated that he received a telephone request to meet with Mr. Lotton, Mr. Myers and Ms. Prinz. He added, and the Board agreed, that an in person meeting is not in order but a conference call would be and he would send Caldwell a letter requesting a conference call.

Status of easement issue and Public Hearing for well on Route 41 – Mr. Myers stated that Mr. Muenich now wants something different. They may have to move forward with condemnation or a lawsuit and that there will be more information at the next meeting.

Status of meter change over program – Mr. Pharazyn stated that he did not have an update for tonight’s meeting. Mr. Gembala mentioned that his meter was replaced; everything went well and asked Mr. Pharazyn to thank Wayne.

New Business

Mr. Pharazyn mentioned that the landscaping is complete at the water tower site; he added that the annual water report would be ready in July.

PAYMENT OF BILLS - #3042 - #3045 for $13,637.43 for Waterworks District and #4254 - #4327 for $2,550,813.31 for Water Utility –

Mr. Gembala motioned to approve pay vouchers #3042 - #3045 for $13,637.43 for the Waterworks District and #4254 - #4327 for $2,550.813.31 for the Water Utility. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

Mr. Myers mentioned that he will be on vacation from this Thursday through the following Thursday.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment -

Mr. Hanlon motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:27 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; 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 Alex Monanteras, Vice-President; Michael Hanlon, Member, and Michael Forbes, Town Council Liaison.

Gates of St. John – Water Treatment Plant Award -

Mr. Myers stated that Thieneman Construction Inc. was the lowest responsible and responsive bidder for a bid amount of $2,163,987.06 contingent upon the Waterworks District obtaining the appropriate financing for the project. Mr. Myers asked for a motion. Ms. Sims-Smierciak so moved. Mr. Gembala seconded for discussion. Mr. Gembala asked if they were comfortable with the letter that was distributed from Mr. Wyllie prior to the meeting. Mr. Wyllie stated that the attached letter from his office was hand delivered to the Town Attorney today and referenced Attorney Austgen’s letter that stated that Thieneman was the lowest responsible and responsive bidder. Motion passed with a vote of 3 - 0.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3 - 0. Meeting adjourned at 6:05 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; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – Regular Meeting of June 15, 2009 –

Mr. Hanlon motioned to approve the minutes of the Regular Meeting of June 15, 2009. Mr. Gembala asked about the corrections to the previous meeting minutes – he wasn’t sure he made a correction. Ms. Sury stated that there was not a tape recording of that meeting, the machine did not work during the meetings on Monday and Tuesday of that week. Mr. Monanteras seconded the motion to approve the minutes. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Monanteras.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Pharazyn stated that they are almost down to where the pipline intersects underneath U.S. 30; there are some issues being addressed regarding the ground condition under U.S. 30 and directional drilling. The contractor and the developer are in the process of preparing some revisions to the plans for Robinson and us to consider and when they submit those we’ll take a look at them and go from there. He stated that he believes they are at a standstill right now coming up with a Plan B for dealing with this poor soil they have encountered as they get close to 30. Mr. Pharazyn stated that he anticipates they may move the pipe up a couple of feet. Mr. Faberbock stated that would not affect the project providing INDOT agrees with the changes that they are presenting, by raising the sewer it will not affect the capacity of the pipeline or the flow. If they raise it, they will increase the slope of the pipe, they are real high south of 30 and they will not drop down as deep as they anticipated.

Biennial Rate Study Progress –

Mr. Wyllie referenced the e-mail he received from Steve Carter that was distributed to the members suggesting there be a group meeting with representatives of this Board as well as Schererville’s board members, their attorney and financial advisor to talk about this last issue which is allocation of payroll. He stated that Schererville had several people shift from their payroll, is basically asking for documentation asking why have they shifted and what are they doing on the treatment side necessitating St. John paying 20% of their salary. Discussion ensued. Mr. Wyllie stated that he would let them know what dates he and Mr. Myers are available for the meeting.

Mr. Wyllie stated that they have not responded to Schererville‘s June 16th letter regarding their plan for work and whether they are going to reject or consent to their request for pro rata payment for St. John’s share, of the WWTP. Discussion ensued. Mr. Pharazyn stated that they are making sure all their plans are up to date. Mr. Myers stated that they should respond affirmative, are ready to do that and are talking a total of $6,168,600 for all the projects less stimulus money that comes off the top then is divided 80/20. Mr. Monanteras motioned to respond affirmatively to Schererville that they are consenting to their projects going forward and they are consenting to their presentation made at the Study Session, that they will be on board for St. John’s 20% share as long as it is treatment related and is what St. John is responsible for. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business – None

PAYMENT OF BILLS - #2058 - #2064 for $103,485.58 for Sanitary District & WW Utility #6197 - #6240 for $351,287.12 -

Mr. Monanteras motioned to pay bill payment memos #2058 - #2064 for $103,485.58 for the Sanitary District and for the Wastewater Utility #6197 - #6240 for $351,287.12. Seconded by Mr. Hanlon. Ms. Sims-Smierciak stated that APV #6231 for Schilling Lumber has a line item for old bills with no explanation and stated that Mr. Pharazyn needs more time to research this item. Mr. Pharazyn stated that he has copies of bills that add up to about $100 more than this item. Discussion ensued. The bills do not have appropriation numbers on them, in the past when MVH was out of money and he could not justify the charge to the Utility District he would just leave it blank, he does not know what they were doing, he would just code them and today is the first day he was aware there were bills from this age. Chances are that he did not code these bills because they are not charges directly related to the water or sewer utility district and stated that he will review the bills. Mr. Monanteras revised his motioned to approve the docket with the exception of Invoice #6231 to Schilling Brothers Lumber for $700.00. Seconded by Ms.Sims-Smierciak. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Gembala.

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. Wyllie stated that there have been no new e-mails or correspondence with them. Discussion ensued.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that this issue has been going on since December 2007. He sent a letter to Mr. Muenich today asking him to have his client sign the deed and return it to Mr. Wyllie’s office so they can get it recorded and leave it at that.

Status of meter change over program –

Mr. Pharazyn stated that as of July 20, 2009, they have installed or changed out 477 water meters, there are four appointments scheduled for next week and that is out of a total of 721 that he set as his goal for this year. To date they have spent $101,000 out of $144,000 they allocated for this year’s project.

New Business

Cannon – request to receive town water –

Ms. Sury stated that Mrs. Cannon lives behind the pawnshop on Route 41 at 8167 Wicker Avenue. She has been receiving sewer service since 1996 and would like to receive water service. St. John Public Works told her she must get her water from Schererville who told her they will provide her water however she needs a letter from the St. John Utility Board as to why St. John will not provide the water. This property was annexed in 2004. Ms. Sury stated that she gave all the information to Mr. Wyllie to verify. Mr. Pharazyn stated that he does not recall telling a resident they have to go to the Town of Schererville, he can say one of the reasons that she has been unable to connect to the Town of St. John is that it would be extremely cost prohibitive for her to connect. A long time ago he was approached by a gentleman about connecting the property; they would have had to push a service line under U.S. 41 because that was where, at that time, the water main laid. About four years ago they put an interconnect between St. John and Schererville and that does run in the parkway on the same side of the street as that homeowner. He stated that he did have a conversation in the last two years with someone and he was sure he explained to them that line was there but it is pressurized with Schererville water not St. John water, he is not sure it is pressurized as he does not know if Schererville keeps their line closed. So that is the problem there. He advised them years ago they are more than welcome to connect to a water main within any reasonable distance to their property and if they want to hire a firm to directional drill under U.S. 41 they can connect. But to tap the water main that is in place now, even if they turn their valve on and Schererville’s off; she would be tied into a dead end. Discussion ensued regarding the fiscal plan and annexation of this property of 2004. Mr. Myers stated that he would tie her into a dead end. Mr. Wyllie recommended that they follow through with connection whichever is the most efficient, expedient way to do it. Ms. Sims-Smierciak motioned that Public Works will look into this situation and will make the connection in the most efficient, expedient way possible. Seconded by Mr. Hanlon. Motion unanimously passed.

Car Wash Request –

Boy Scout Troop #561 – Ms. Sury referenced the letter she distributed requesting a car wash by the Boy Scouts. Ms. Sury stated that she did tell the Scouts they have stopped doing that which is why the Troop sent the letter to the Board. Mr. Myers stated that they quit doing this because everyone and their brother wanted to do this using the water for free. It was expensive plus it was a big wear and tear on Public Works coming out to run the fire hydrants, bring meters out, things like this. What most people have been doing is going to the business themselves hooking up to their spigots and running their hoses off of that. Discussion ensued. Mr. Myers stated that just recently St. John’s Animal Control for their fundraiser hooked up to Northwood’s. Part of the problem is that organizations not in St. John also want to hook up. Mr. Hanlon motioned to deny the request. Seconded by Mr. Monanteras. Motion unanimously passed.

PAYMENT OF BILLS - #3046 - #3052 for $25,913.51 for Waterworks District and #4328 - #4404 for $523,730.52 for Water Utility –

Ms. Sims-Smierciak motioned to approve bill payment memos #3046 - #3052 for $25,913.51 for the Waterworks District and #4328 - #4404 for $523,730.52 for the Water Utility with eliminating line item #4397 for $700.00 for Schilling Brothers Lumber. Seconded by Mr. Hanlon. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Gembala.

Any and all business that may come before the Board

Mr. Pharazyn stated that the District’s portion is done on U.S. 41. Discussion ensued regarding the potential start up of this project to be in early August. Mr. Pharazyn stated that Chief Frego asked him to take part in the National Night Out at Prairie Park West and he would like to purchase more water bottles, rulers or trinkets to hand out. He added that an overlay of Joliet Street will be done with Stimulus money and there is going to be some significant storm sewer work done on Joliet Street. The Joliet Street water main has been one of the districts capital improvement projects that is penciled in for next year. The master plan calls for it to be upgraded to a 12, over the winter he would like to get everything he needs to get done prior to the paving. This is the last asbestos pipe the Town needs to remove. After that it will be in the grass and the pavement will not be a problem. Discussion ensued. He will be talking to Board further about this.

Mr. Pharazyn stated that on this date in 2008 they pumped 298M gallons and YTD 2009 they have pumped 287M gallons of water, that’s 11.5 million under last year. He showed the Board a copy of the Wellhead Protection Book that was mailed to IDEM this week. They are also looking at well sites on the west side of Town that he anticipates they will need in the next 3-4 years. He stated that Lift Station #1 has 94 slots available and spoke with an individual that acquired the property on the south west corner of 231 and 41 and is chomping at the bit to get something going there; he has a landowner that is kind of being hard to negotiate with. So far this year they had 6 of the 30 building permits issued this year, went to Lift Station #1.

Mr. Myers stated that Mr. Monanteras will be leaving the Board, they will miss all the financial help he has given them and Mr. Pharazyn will miss all the good questions, Mr. Monanteras is going to come back one more time to sit in the audience on August 17th.

Mr. Monanteras thanked everyone for the time he spent with them and that it has been more fun than aggravating. He individually addressed each member, offered comments and stated what a pleasure it was working with them. Discussion ensued.

Ms. Sims-Smierciak motioned to accept the resignation, with regret, of Mr. Monanteras. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Myers opened the floor for nominations for Vice-President to fill Mr. Monanteras’ spot until January. Ms. Sims-Smierciak nominated Mr. Gembala. Seconded by Mr. Myers. Motion unanimously passed.

Public Comment –

An unidentified individual stated that he was at the wrong meeting however, he thanked Mr. Monanteras for all the help he has given him through the years.

Adjournment –

Mr. Monanteras motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:40 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, Vice-President; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – Special Meeting of July 6, 2009 and Regular Meeting of July 20, 2009 –

Mr. Gembala motioned to approve the minutes of the Special Meeting of July 6, 2009 and the Regular Meeting of July 20, 2009. Mr. Hanlon stated that there were three typographical errors in the minutes of the July 20th meeting and referenced the corrections. Motion amended to the changes mentioned by Mr. Hanlon. Seconded by Mr. Hanlon. Motion unanimously passed.

Joint Resolution #SD/WD 09-08-17 –

Mr. Wyllie read the resolution that acknowledged Alex Monanteras for his dedication and service to the Town, the utility board and citizens. Ms. Sims-Smierciak motioned to approve the joint resolution. Seconded by Mr. Hanlon. Motion unanimously passed. Mr. Pharazyn read the plaque that was then presented to Mr. Monanteras.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Pharazyn stated they have about 3,300 feet of pipe installed – today they are shoring up holes dug on either side of U.S. 30 - tomorrow they plan to start the process of drilling the casing pipe under U.S. 30 – they had about a four week delay in working out exactly how they were going to do the casing work under 30 between the State, Robinson and us trying to come up with an alternative plan, so they would not have to have the pipe as deep as it was originally designed. He stated that they have done that and INDOT has signed off on everything and Robinson is good with what they are doing. The hardest part of the project is basically going to start tomorrow. Mr. Pharazyn stated that he asked Bob from R&R today to guestimate a completion date since they have lost about a month, as part of their negotiation discussions, they are looking at the early part of December as when they would like to be putting the finishing touches on the project. He stated that the delays they have experienced have been valid delays, has no problems with how they have been working to date as far as the progress they have been making and it has been going pretty well.

Biennial Rate Study Progress –

Mr. Myers stated that there is a meeting scheduled this week with Mr. Pharazyn, Steve Carter and Bob Volkmann from Schererville. Mr. Pharazyn stated that the meeting is this Wednesday and that there will not be legal counsel present.

New Business

Request of Martk Homes – Adjustment for Sewer Charges –

Mr. Myers reminded everyone of the letter that states they do not give these adjustments to builders. He opened it up for discussion, and no discussion ensued. Ms. Sims-Smierciak motioned to deny the request of Martk Homes for a sewer adjustment. Seconded by Mr. Hanlon. Motion unanimously passed.

PAYMENT OF BILLS - #2065 - #2071 for $15,824.37 for Sanitary District & WW Utility #6241 - #6275 for $188,991.19 –

Mr. Hanlon motioned to pay bill payment memos #2065 - #2071 for $15,824.37 for the Sanitary District and for Wastewater Utility #6241 - #6275 for $188,991.19. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Pharazyn stated that (for the benefit of Mr. Monanteras) the final tap count for LS #1 is 91.

Public Comment –

None

WATERWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion –

Mr. Wyllie referenced the two letters regarding the settlement amounts, Caldwell offered $15,000, the Waterworks District is asking for $248,000. Mr. Wyllie asked for direction from the Board, do they want to go to arbitration, he mentioned each side picks one arbitrator and those two pick a third. Discussion ensued. Mr. Pharazyn suggested they have a conference call before they go to arbitration. Mr. Wyllie stated that they can have witnesses come in like in a trial or get affidavits from the witnesses. Mr. Gembala motioned that they proceed to arbitration proceedings. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Project update – Water Treatment Plant/Well Bond Status & Proposed Notice to Proceed –

Mr. Myers stated that they did get approved for a $2.6M bond, got a fairly decent rate that was close to what Karl Cender said. Their bond rating is excellent thanks to Ms. Sury, her staff and Mr. Cender talking to Standard & Poor’s. Ms. Sury stated that they did get the 4.58%, they only had two bidders for the bond the other one was City Securities at 4.81%. She added that they anticipate closing tomorrow and will receive $2,522,028.90 as a deposit into the account. The original bond issue amount is $2.6M; there was a good faith deposit of $26,000; and the net original issue discount of $7,433.10; and the underwriter’s discount of $44,538.00. Once this comes into Standard Bank they will call Ms. Sury who will call Mr. Faccenda who will release the bonds. Ms. Sury asked that they sign the contract book however she will not attest to it until the money is in the bank and she will then contact Mr. Wyllie who will generate a written Notice to Proceed. Mr. Pharazyn mentioned that Ms. Prinz from Robinson Engineering is preparing a Notice to Proceed. Ms. Sims-Smierciak motioned to issue the Notice to Proceed upon receipt of the funds. Seconded by Mr. Hanlon. Motion unanimously passed.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he called Mr. Muenich today and received his voice mail. He received a faxed copy of the signed deed last Friday but not the original document. Mr. Wyllie stated that he would follow up and would have someone pick up the original deed from Mr. Muenich’s office. Discussion ensued how to proceed and potential problems with NIPSCO lines.

Status of meter change over program –

Mr. Pharazyn reported that to date they have installed 553 meters at an expense of $120,000; they have 120 meters left to install to reach their goal this year which leaves them slightly under budget of the $140,000 that was allocated.

New Business

Dixon Engineering – Proposal/Agreement for Gates of St. John – Warranty Inspection –

Mr. Pharazyn stated that he signed this agreement after consulting with Jennifer Prinz of Robinson Engineering, they were running up against their deadline of one year warranty inspection although he told Ms. Prinz he feels the warranty doesn’t start until all the bills have been paid. But it has been a year since the tank has been in service so he authorized Dixon Engineering to come out; they put a scuba diver inside the tank to do an inspection. Mr. Pharazyn stated that he is waiting for the written report, and they did give him some pictures. Mr. Durham was out there with them. Mr. Pharazyn stated that he did not get any feedback from Mr. Durham if they discovered any problems with the tank. The inspection was done on the 6th and it was $2,400 for the inspection.

Backflow Prevention Program – Sprinkle Meters –

Mr. Pharazyn stated that IDEM has been cracking down on municipalities lately enforcing something that is in the State Plumbing Code. He needs to work with Mr. Wyllie on some of this. This is the first step of something that will take him a month or two to sort through. IDEM is starting to crack down on residential sprinkling systems as being a potential source of contamination for the potable drinking water system. In a nutshell they are required to send notification to all of their customers (Munster and Schererville have already done this) letting them know this is something they are mandated to do. He stated that he is not exactly sure how many sprinkler systems are in town; there are approximately 150 sprinkler meters. They may need to inspect every home to check if they have a sprinkler system. There is double check valve on every sprinkler system and is a testable device and it is required to be tested. The valve prevents backflow into the Town’s water system.

He added that they do need to do some work on the backflow in Town. As new businesses come in they require it, they get the inspection report annually from the newer, larger businesses. They have a lot of room to grow on their residential side and stated that he is not sure if the Town has an ordinance in place. He has a copy of Schererville’s ordinance which he is giving to Mr. Wyllie to see if St. John has a backflow ordinance that could have been done 10-12 years ago when this first come to pass. If not, an Ordinance needs to be written and passed by the Waterworks Board and the Town Council; followed by educating the public. Discussion ensued.

PAYMENT OF BILLS – #3053 - #3062 for $19,677.35 for Waterworks District and #4405 - #4466 for $171,276.78 for Water Utility –

Mr. Hanlon motioned to approve payment of vouchers #3053 - #3062 for $19,677.35 for Waterworks District and #4405 - #4466 for $171,276.78 for Water Utility, and $5,500 for Standard & Poor’s (this was not in the packet and is for the bond). Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Pharazyn mentioned moving some of the bond money when it comes in to pay engineering expenses, (tape inaudible).

He stated that there is a 4-inch water main on 93rd by Patterson & Kielman that he needs to cut and cap that needs replacement. It will cost about $13,000 in materials and $32,000 in labor and expects the job will take 11 days. Ms. Sims-Smierciak motioned to approve the water work on 93rd to replace the 7 water services, cut and cap, and a hydrant not to exceed $46,000. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Pharazyn also mentioned there was a water main break on Olcott & Northcote. They have made repairs to this pipe in the past and there are still leaks. Tape inaudible. Discussion ensued. Mr. Hanlon motioned to approve the work on Northcote and Olcott Avenue for the water main replacement not to exceed $32,000. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Pharazyn added as an FYI that the Capital Account has approximately $1.49M in it. He looked at the Capital Improvement Plan and plugged in the existing projects, tape inaudible.

Mr. Pharazyn reported on the progress of the Cannon property water service connection. He stated that by Tuesday of next week the B Box would be installed in front of the pawnshop for one tap (tape inaudible).

Ms. Sury referenced the Red Flag Regulations that are in place to prevent identity theft. She stated that the Town is not at high risk because we do not accept or process charge or debit cards, or access the individual accounts of our customers for payments. However, they are now required to have a copy of the individual’s license when they apply for service. She asked the Board how they want to handle the following situation: a resident moves – the final meter reading is done (currently the Town does not turn off the water) a new resident moves into the home and has not made the meter deposit or provide the required identification, and asked if the water could be turned off? Discussion ensued. Ms. Sury also confirmed the procedure in place for a customer that comes in, wants to present his identification for verification, to make a meter deposit for another customer (brother, sister, etc.). A copy of the identification can only be accepted for the actual customer and if he/she merely authorizes by signature on the identification presented that the actual customer gave permission to present his identification and seeks service. Mr. Myers stated that this situation is to be included in the ordinance discussed earlier regarding the sprinkler system inspection to be prepared by Mr. Wyllie. Mr. Wyllie stated that the ordinance will be a generic one where if you fail to take action, whatever that action may be, required by our rules and regulations, that we can shut off your water.

Mr. Myers stated that he would like Ms. Sury to look into debit cards for the bulk water, so a contractor can come in and give the Clerk-Treasurer’s office so much money and get a debit card to go use it. He stated that he would also like her to look into on-line bill payments. Discussion ensued.

Mr. Myers stated that he would like to cancel the September Study Session as it falls on Labor Day. Ms. Sims-Smierciak motioned to cancel the September Study Session. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Pharazyn stated that he provided the wrong number earlier; the amount in the bank is $1,053,000.

Public Comment

Mr. Monanteras, 9823 E. Oakridge – stated that he looked over the accomplishments of the Boards’ through the years and he wanted to applaud them for everything they have done. He expressed his appreciation for all the help and assistance he received while serving as a board member.

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:57 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; Kenneth Gembala, Vice-President; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer. Absent was Bob Pharazyn, Director of Operations.

Approval of the minutes – Regular Meeting of August 17, 2009 –

Mr. Hanlon motioned to approve the minutes of the Regular Meeting of August 17, 2009. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Faberbock stated that the contractor is working around the Schererville Treatment Plant and took some core samples there to verify concrete thickness and so forth. The Contractor is proposing another change; he is not sure exactly what it will entail.

Biennial Rate Study Progress –

Mr. Myers referenced the letter from Mr. Steve Carter and stated that he e-mailed him last week asking what the status is. He stated that Mr. Carter wrote a letter to Mr. Volkmann (Schererville Town Manager) asking to settle right now and then work on the salary problem. Mr. Myers stated that it appears Schererville is putting a lot of employees in sewer and then charging St. John. The biggest issue right now is where they are placing employees to work.

Status of PILT –

Mr. Myers stated that there was a first version of PILT that put the price at $208,700. It was much more than Mr. Monanteras and he talked about and he went to Mr. Cender and told him there was a problem and they needed to look into it. It was discovered that part of the increase was because the tax rate was higher, which they can do nothing about and the other part was that they took the cost of the municipal utilities at face value, they did not depreciate anything. Mr. Myers distributed a second version that includes depreciation and that comes out at $129,700. He stated that the problem with PILT; is that the Town is charging the District now. The District will have to pay the town $129,700 a year and out of that, the first four or five years the Town will pay the District back the $800,000 (loan). Mr. Myers stated that he has been discussing this with Mr. Barenie to see what they do.

Status of WWTP – Interlocal Agreement –

Mr. Wyllie referenced the two letters that were distributed to the members that were sent to Attorney Austgen who is representing Schererville. He reminded the members of the meeting in July when Schererville attended their meeting to tell them about the four core projects, what they were going to be and what they were estimated to cost. They never received any real numbers from Schererville and have now learned from the media that the two bids have been awarded at a substantially higher dollar figure than they were led to believe. The amount was about $2.5 million more than the engineer’s estimate. Mr. Wyllie stated that he wrote a letter to Attorney Austgen dated September 8the regarding this and did not receive a response from Mr. Austgen but he did receive a one page spreadsheet (which was sent to Steve Carter who forwarded it to Mr. Wyllie) that shows all four projects, the cost, and what St. John’s 20% share would be under that agreement which would come out to $1.8 million. He would like to see a copy of the bids, what work will be done in St. John and how the bid came in so much higher than the engineer’s estimate. As a result of no response, just over a week later, on September 14th, Mr. Wyllie sent a letter to the Clerk-Treasurer, Janice Malinowski, by certified mail as required by the contract.

Mr. Myers stated that the biggest issue is that, for some reason, Schererville is hiding everything from them. They will not give them the information they are requiring, no one can understand how they are $2 million above an engineer’s estimate. He stated that originally Schererville was going to get a $1.9 million dollar grant from the Stimulus Funds; they were going to take that off their share and not St. John’s. However, the contract states the grant money must come off the top. Now, no matter what the District tries to do, Schererville is not responding and Mr. Wyllie is writing letters. Mr. Wyllie stated that he recently heard from Mr. Carter that Schererville had their bond issue closing last Thursday. Mr. Myers stated that he heard from Mr. Carter that Schererville was putting St. John’s money up front since St. John will not give them the money. However, the reason St. John will not give them the money is because Schererville will not give them any information.

New Business

Public Hearing

Mr. Wyllie confirmed that the Publication Notices were in order with publication dates of August 31st and September 7th and that the public hearing could proceed. Mr. Myers read the budget estimates for the Sanitary District Operating and Sanitary District Bond & Interest Funds. Mr. Myers opened the floor for Public Comment.

Public Comment –

none – Mr. Myers closed the floor

Ordinance #SD100 – 2010 Sanitary District Budget – First Reading -

Ms. Sims-Smierciak motioned to approve the budget estimates on first reading. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Lake Central High School Addition – Sewage Treatment Capacity Charge –

Mr. Faberbock stated that he used the same format as last year; they are expecting 100 new students and referenced his calculations. He stated that based on the ordinance it works out to $1,860.27; there are no system development charges because Lake Central is an existing customer. Mr. Hanlon motioned to accept $1,860.27 as the treatment charge for the Lake Central High School Addition. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 – 0.

Resolution #09-02-21 – Temporary Transfer & Loan of Funds from WWTP to Bond & Interest Fund –

Ms. Sury explained that this is to pay the Bond & Interest Fund since they have not received their tax money yet. This is a temporary loan until the tax money comes in. Ms. Sims-Smierciak motioned to pass Resolution #SD 09-02-21. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Discussion on proposed use of distribution of Excess Levy Funds – both Districts –

Ms. Sury stated this is a one-time distribution of the money, whatever they choose to do with the money they must go through an additional appropriation, a notice in the paper and a public hearing. They have the money in the bank but they do not have permission to spend it. The money must be used for public safety; she hopes the money can be used to install automated handicap accessible doors on the Municipal Building. Discussion ensued. Mr. Myers asked about the $88,000 the Town received and Ms. Sury stated that the money must be used for public safety as well; she hopes they can put the money in the LRS fund to pay for salt. Mr. Hanlon motioned to authorize the Clerk to seek proposals for automatic doors for the Town Hall. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 4 - 0.

PAYMENT OF BILLS - #2072 - #2088 for $18,090.06 for Sanitary District & WW Utility #6276 - #6295 for $172,408.49 -

Ms. Sims-Smierciak motioned to pay bill payment memos #2072 - #2088 in the amount of $18,090.06 for the Sanitary District and for the Wastewater Utility #6276 - #6295 for $172,408.49. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board –

Mr. Myers stated that he has a letter from BLB in St. John, which is Mr. Lotton, he would like their payments sent to a different location. Mr. Hanlon motioned to authorize the Clerk to send the payments to the new location on the letter. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Mr. Myers referenced a letter Ms. Sury received from the Hands On Premium Car Wash, they had a leak and they requested a credit on their billing. Mr. Myers stated that he does not want to set precedence with issuing credits. Discussion ensued. Ms. Sims-Smierciak motioned to deny Hands On Car Wash’s petition to waive their water and sewer bill. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Public Comment –

None

WATEWORKS DISTRICT

Old Business

Lotton – Water Improvements Update – Gates of St. John

Caldwell Tank Discussion –

Mr. Wyllie stated that he has reviewed the complete contract (170 pages) and that there is not an arbitration clause and would like a motion to file a lawsuit against Caldwell Tank. Mr. Hanlon motioned to authorize Mr. Wyllie to file suit against Caldwell Tank. Seconded by Mr. Gembala. Motion passed 4-0. Mr. Wyllie added that he e-mailed Ms. Prinz at Robinson Engineering to ensure this is everything Caldwell has signed.

Project update – Water Treatment Plant/Well –

Mr. Faberbock stated that they started working and did some soil borings.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he received the deed from Mr. Muenich and recorded it; however, he has subsequently learned that the Town never recorded the deed that they were to give the other portion back to Schilling. Mr. Myers stated that he discussed this with Mr. Forbes and that the Town must change the way they record deeds.

Mr. Wyllie gave an update on the condemnation of the easements and received a new legal description so that it covers all the easements that are needed by the Town and other public utilities. This week he will send that to the title company to ascertain the owner of the property, will then send it to the appraiser to get what the cost would be and make offers to the owners.

Status of meter change over program –

Mr. Myers stated that this item would be addressed at the next meeting.

Status of PILT –

Addressed above under the Sanitary District

New Business

Public Hearing

Mr. Wyllie confirmed that the Publication Notices were in order with publication dates of August 31st and September 7th and that the public hearing could proceed. Mr. Myers read the budget estimates for the Waterworks District and opened the floor for Public Comment.

Public Comment –

none – Mr. Myers closed the floor

Ordinance #WD67 – 2010 Sanitary District Budget – First Reading -

Ms. Sims-Smierciak motioned to approve the budget estimates on first reading. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Backflow Prevention Program – Sprinkle Meters –

Mr. Myers stated that this item would be addressed at the next meeting.

PAYMENT OF BILLS - #3063 - #3070 for $17,758.35 for Waterworks District and #4467 - #4527 in the amount of $260,812.43 for the Water Utility –

Mr. Myers asked about an item on page three, voucher #4509, snow plow parts, and stated that they will not pay for that item. Discussion ensued. Ms. Sims-Smierciak motioned to pay bill payment memo’s #3063 - #3070 in the amount of $17,758.35 for the Waterworks District and memo’s #4467 - #4527 for $260,812.43 for the Water Utility minus $1,360.00 for voucher #4509. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0.

Any and all business that may come before the Board

Mr. Myers referenced a letter that was received from Verizon and that they will be conducting maintenance visits for antennas. He stated that he does not have a problem with them replacing antennas but does not want them adding more and if they are going to add antennas then they want more money. Discussion ensued. Mr. Wyllie was directed to send a letter to Verizon.

Mr. Forbes stated that the State Board of Accounts requires that the Town logo be placed on all Town vehicles. There is one vehicle in the Public Works Department without the town logo on it. That vehicle is parked this week so they are going to take this time to have the logo put on this vehicle. He stated that he received an e-mail that this Board is opposed to having the Town logo put on the vehicle driven by the Director of Operations. Mr. Myers stated that he never said that and does not believe any one on the Board said they were opposed. He just heard about this concern this afternoon. He stated that he does not understand why they would do it (put the logo on the vehicle) and is not aware of any Public Works Directors in Illinois that have their cars marked, it is just like Police Chiefs, they don’t have their cars marked either. If there is something that says by law they will abide by the law. Mr. Forbes stated that they have been trying to get it on the vehicle, but the vehicle is in constant motion. Ms. Sury added that in the Clerk-Treasurer State training the IRS is very adamant about this as proof that this is not a taxable fringe benefit and that the State Board of Accounts has told the Town about it. Mr. Myers asked what kind of logo it would be. Discussion ensued and included reference to the Code Enforcement vehicle. Ms. Sims-Smierciak mentioned that since he represents the Town at State functions, etc. the logo not be as large as it is on the big vehicles.

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:40 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; Kenneth Gembala, Vice-President; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Steve Kil, Town Manager; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Faberbock stated that he presented the Town of Schererville with the Rule of Five Notice, they just have to sign off on it and then he will submit it to IDEM. The contractor is just waiting for approval. Robinson Engineering also has to write a letter to the Town of Schererville, stating that the contractor will not follow the installation guidelines submitted, as part of Robinson’s construction specifications for the placement of the flume when pouring the concrete. They are supposed to pour it in 6 inch lifts, the contractor feels he can do that in 12 inch lifts or greater as long as the flume itself doesn’t float. Robinson is going to leave the means and methods to the contractor, and make the recommendation that it be followed. If it is not installed correctly they will have to tear it up and start again.

He also discussed a school crossing at 77th Avenue that they are proposing to open cut. The Town of Schererville is okay with them open cutting the roadway as long as they do it when school is out. They are going to propose the Christmas break time frame. Another option he recommended is they close the road from 9:00 A.M. to 2:00 P.M. during the school day which would give the contractor enough time to get across the roadway but he has not heard back from Schererville.

Biennial Rate Study Progress –

Mr. Myers stated that he has sent numerous e-mails including one last week, to Bob Volkmann who promised Mr. Myers he would get back to him at the end of last week (or the week before). Mr. Myers does not know what the problem is and stated that he may go to their Water Board meeting to find out why they can’t get an answer or a counter offer to their proposal.

Status of PILT –

Mr. Myers stated that he e-mailed everyone the proposal Karl Cender sent. Mr. Cender is essentially saying there is not enough money in the sanitary fund to cover a PILT payment and believes there is enough money in the water fund to cover a $95,500 PILT payment. Mr. Myers stated that he thinks Mr. Cender is overestimating on the system development charges. Mr. Kil interjected that this does not have to done immediately; they have time to look at it and speak with Mr. Cender.

Mr. Kil confirmed that the first few years of the PILT payment would be the Town repaying their loan to the district. Mr. Forbes added that he also thought the intent of the PILT was to pay the district back.

Status of WWTP – Interlocal Agreement –

Mr. Myers stated that this is also something he has e-mailed Mr. Volkmann about and has not had a response. Adoption of Ordinance #SD100 – 2010 Budget for Sanitary District Operating & Sanitary District Bond & Interest - Ms. Sims-Smierciak motioned to approve Ordinance #SD100. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

Ordinance #SD101 – 2009 Salary Ordinance Amendment –

Mr. Wyllie stated that this is to remove the job description, just eliminating the one line item on the ordinance that was passed last year. Mr. Gembala motioned to consider Ordinance #SD101 on first reading. Seconded by Mr. Hanlon. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #SD101. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

PAYMENT OF BILLS - #2089 - #2095 for $21,825.04 for Sanitary District & WW Utility #6296 - #6332 for $161,651.20 –

Discussion ensued on who is checking the invoices to ensure sewer and water are charged correctly. Mr. Kil stated that Joan is in his office daily to discuss the invoices. Mr. Hanlon motioned to pay bill payment memos #2089 - #2095 for $21,825.04 for the Sanitary District and for Wastewater Utility #6296 - #6332 for $161,651.20. 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

Caldwell Tank Discussion –

Mr. Wyllie stated that he brought a copy of the complaint, the lawsuit that was filed on September 28th and asked Ms. Sury to distribute a copy to everyone.

Project update – Water Treatment Plant / Well –

Mr. Faberbock stated that they poured the basement walls and they are getting ready to pour the slab over the top.

Partial Pay #1 in the amount of $107,952.30 – Thieneman Construction -

Mr. Gembala motioned to pay the Partial Pay #1 in the amount of $107,952.30 to Thieneman Construction. Seconded by Mr. Hanlon. Motion unanimously passed.

Status of easement issue for well on Route 41 –

(Ownership of Marian Shrine easement parcels) Mr. Wyllie stated that he brought the invoice from Chicago Title and provided an overview of the appraisal and offer process. Discussion ensued. Mr. Hanlon motioned to pay the $730.00 invoice for Chicago Title. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Status of meter change over program –

Mr. Kil stated that there are five meters yet to be replaced. Discussion ensued regarding the use of clips on the meters at a cost of $100.00 each or the replacements themselves along with the need to budget next year for the meter replacement program.

Verizon site work – Approve Agreement -

Mr. Gembala motioned to approve the agreement. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Adoption of Ordinance #WD67 – 2010 Budget for Waterworks District Operating -

Mr. Hanlon motioned to adopt Ordinance #WD67 – 2010 Budget for Waterworks District Operating. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Backflow Prevention Program – Sprinkle Meters –

Mr. Kil stated that there is a proposed ordinance prepared by Mr. Wyllie and it is in the District member’s package for their review and comment.

New Business

Ordinance #WD68 – 2009 Salary Ordinance Amendment -

Mr. Gembala motioned to consider Ordinance #WD68 – 2009 Salary Ordinance Amendment on first reading. Seconded by Mr. Hanlon. Motion unanimously passed.

Ms. Sims-Smierciak motioned to approve Ordinance #WD68 – 2009 Salary Ordinance Amendment. Seconded by Mr. Hanlon. Motion unanimously passed.

PAYMENT OF BILLS - #3071 - #3082 for $19,789.18 for Waterworks District and #4528 - #4588 for $307,464.97 for Water Utility -

Ms. Sims-Smierciak motioned to pay bill payment memos #3071 - #3082 for $19,789.18 for the Waterworks District and #4528 - #4588 for $307,464.97 for the Water Utility. Seconded by Mr. Gembala. Motion unanimously passed.

Any and all business that may come before the Board

Ms. Sury and Mr. Kil referenced a problem that was discovered at a resident’s home where the main water meter and the sprinkler meter were both billing water usage for the sprinkling system. The problem has been corrected. Ms. Sury said a refund is due to Oltoff Builders for $3,366.94 and the refund for the resident for the 2009 billing cycle a credit of $217.92 that will be credited to their account. There is also a refund due for 2008 billing. Also, during this time there was a problem with the water softener and the water softener company paid the water bill for this resident, discussion ensued including reimbursement to the company.

Mr. Kil stated that at this time of year there is an extraordinary amount of calls to come out and shut off the sprinkling meters. The Town only charges $5.00 to do this; in the spring they go and turn the meters back on and charge $5.00; by doing this way the resident avoids the minimum bill. Mr. Kil suggested that they raise the price to the $50.00 charge that is charged for other services. Discussion ensued regarding a policy to be instituted that will be discussed further in the next study session.

Derwin mentioned they are having problems with B boxes in the older homes, discussion ensued and Mr. Myers referenced a different type of tool they can use to open the B box.

Mr. Faberbock stated that as part of the stimulus project on Joliet Street they are doing a storm sewer and are going to auger underneath the railroad tracks to do the storm sewer. They are also going to move and replace the water main along Joliet and that has been broken down into four phases, the first phase is U.S. 41 to Thielen. Mr. Faberbock stated that there are additional costs to the project and has gotten quotes to auger the 24” pipe. Discussion ensued. Mr. Faberbock stated that the work would be done next year and wanted to advise the board of this project and the anticipated costs.

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion unanimously passed. Meeting adjourned at 6:48 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; Kenneth Gembala, Vice-President; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Steve, Kil, Town Manager; Randy Wyllie, Attorney; Michael Forbes, Town Council Liaison and Sherry Sury, Clerk-Treasurer.

Approval of the minutes – Regular Meetings of September 21 and October 19, 2009 –

Ms. Sims-Smierciak motioned to approve the minutes of the Regular Meetings of September 21 and October 19, 2009. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Faberbock stated that the contractor poured the flume into place; the forms have been stripped, they will set the slab over the top, and they will be able to move the flow and calibrate the flume in the coming weeks. The contractor will start putting pipe back in the ground on the south side of Route 30 hopefully this week.

Biennial Rate Study Progress –

Mr. Myers stated that the initial rate was $1.70; Steve Carter with the help of St. John countered at $1.67; Schererville countered back to Steve Carter and himself at $1.68; after talking to Steve Kil and Steve Carter they are okay at that cost. In 2001 they were paying $1.51 and in 2009 they will be paying $1.68 which will be only be a 17 cent increase in 8 years. Mr. Wyllie mentioned that Schererville must pass their ordinance increasing their rate first, then St. John needs to have a public hearing, but Schererville must act first. Discussion ensued and it was decided to go ahead and schedule St. John’s public hearing for the second meeting in December, which would be December 21st at 6:00 P.M.

Status of PILT –

Mr. Myers stated that they came to an agreement with PILT for the Waterworks District. The District will pay $71,000; this amount was used in the depreciation figure and it was decided that they would do a study every year to ensure that the Board can pay that amount every year.

State of WWTP – Interlocal Agreement –

Mr. Myers stated that this has been ironed out too; they have gotten all the paperwork from Schererville. They will have to send Schererville $1,800,944.00. Ms. Sims-Smierciak motioned to transfer to Schererville $1,800,944.00. Seconded by Mr. Gembala. Motion unanimously passed.

8561 Patterson – sewer backups –

Mr. Faberbock stated that he does not have an update and would like to do a video inspection of the sewer.

Ordinance SD#102 – Establishing Excess Welfare Levy Distribution -

Mr. Gembala motioned to consider Ordinance #102 on first reading. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #102. Seconded by Mr. Hanlon. Motion unanimously passed.

Joint Resolution – SD#09-11-16 & WD#09-11-16 -

Mr. Hanlon motioned to adopt the Joint Resolution SD#09-11-16 & WD#09-11-16. Seconded by Ms. Sims-Smierciak. Motion unanimously passed. Ms. Sims-Smierciak presented Derwin Neitzel with a plaque and read the resolution that recognized him for 36 years of service to the Town of St. John.

New Business

Grant of Rights Request – Both Districts – Cline Avenue Partners –

Mr. Mistina stated that he represents a group of investors, Cline Avenue Partners, that own property at 10623 Cline Avenue and they are requesting permission to tap in to both water and sewer at that parcel. He stated that Schererville told them the parcel was part of their utility planning district, the problem is that Schererville is unable to service them in the near future. Mr. Myers suggested that they go to Schererville; get something in writing allowing them to take water and sewer from St. John and at that point the District, would entertain offering them those utilities and would want them to annex into the Town of St. John.

PAYMENT OF BILLS – #2096 - #2098 for $13,552.36 for Sanitary District & WW Utility #6333 - #6357 for $170,898.88 -

Mr. Gembala motioned to approve bill payment memo’s #2096 - #2098 for $13,552.36 for the Sanitary District and for Waste Water Utilities #6333 - #6357 for $170,898.88. Seconded by Mr. Hanlon. 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

Caldwell Tank Discussion –

Mr. Wyllie referenced a letter that was included in the packets of the Board members that stated that Caldwell’s attorneys have moved the case to the Federal District Court. He stated that it means that instead of being in the State Court here in Crown Point, it will be in the U.S. District Court in Hammond. Mr. Wyllie stated that he also spoke with Attorney Kevin Steele who represents Caldwell on the telephone and that he has not met with Caldwell, he will be meeting with them in the next week or so. Mr. Wyllie told Mr. Steele that once he gets his feet on the ground with this case to call him.

Project update – Water Treatment Plant/Well – -

Mr. Faberbock stated that they are progressing along and are on the spreadsheet schedule. Discussion ensued.

Partial Pay #2 in the amount of $210,452.84 – Thieneman Construction -

Ms. Sims-Smierciak motioned to approve Partial Payment #2 in the amount of $210,452.84 for Thieneman Construction. Seconded by Mr. Hanlon. Motion unanimously passed.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that he is still waiting for the appraisal and will send another e-mail out to the appraiser.

Status of meter change over program –

Mr. Kil stated that he believes this was addressed in Karl Cender’s e-mail; Mr. Myers asked in the last meeting if Mr. Cender could verify availability of funding for the continuance of this program. Discussion ensued as to the contents of this communication and Mr. Myers stated that no motion is needed, just keep the change-out program going.

Backflow Prevention Program - Sprinkle Meters –

Mr. Wyllie stated that IDEM made only one change regarding the verbiage on the last page regarding notification in the event they do find a cross connection or a flow problem in the system when they shut them down IDEM wants a specific notice.

Policy Direction turn on/off fees – (Sprinkling Meters)

Mr. Wyllie stated that he prepared a letter as directed during the study session that was distributed whereas town workers should not turn residents sprinkling meters on and off every season. Mr. Wyllie stated that a formal motion should be made that it will be the policy of the Board that the town workers do not turn the meters off and in order for the customers to not receive a minimum utility bill, they need to have their sprinkling company advise the town that they are turning it off and provide the reading. Discussion ensued and Mr. Gembala stated that there should be something in writing that this is the policy of the Board and requested that Mr. Wyllie prepare a formal resolution for direction. Mr. Wyllie stated that the resolution would be ready for consideration by the Board at the December meeting.

Ordinance WD#69 – Establishing Excess Welfare Levy Distribution -

Mr. Hanlon motioned to consider Ordinance WD#69 Establishing Excess Welfare Levy Distribution on first reading. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Mr. Hanlon motioned to adopt Ordinance WD#69 Establishing Excess Welfare Levy Distribution. Seconded by Mr. Gembala. Motion unanimously passed.

Issuance of Credit – Three customers – Both Districts – Double Metered Water –

Ms. Sury referenced and explained the recap of the pay off amounts to be issued that was distributed to the Board members. The matter was addressed at the last meeting and she stated that there is backup documentation in the event of an audit. Ms. Sims-Smierciak motioned to approve the three credits as outlined by the Clerk-Treasurers Office for the three customers that were double billed. Seconded by Mr. Hanlon. Motion unanimously passed.

New Business

Mr. Kil suggested that the M.E. Simpson proposal that was received to test meters be put on next month’s agenda.

PAYMENT OF BILLS - #3083 - #3087 for $15,086.04 for Waterworks District and #4589 - #4650 for $353,544.97 for Water Utility -

Mr. Gembala motioned to pay bills #3083 - #3087 for $15,086.04 for Waterworks District and #4589 - #4650 for $353,544.97 for the Water Utility. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board

Mr. Gembala asked if they got anywhere with the funding for the Patterson project, the water line at the crossing of the railroad tracks. Mr. Myers stated that it has not been finalized yet and according to Karl Cender that was projected for 2011. Discussion ensued as to the availability of funds. Discussion ensued regarding the old water line that ran from Patterson to Joliet (through the Church parking lot – previous street was diagonal) and Mr. Myers asked if it they could tie in to the dead end sewer – would only be about 60-70 feet (inaudible). Mr. Faberbock wants to do this right away; he’s trying to stay ahead of the other project that involves the stimulus funding (storm sewer).

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:35 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; Kenneth Gembala, Vice-President; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Steve Kil, Town Manager; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Pete Faberbock, Robinson Engineering and Michael Forbes, Town Council Liaison.

Approval of the minutes – Regular Meeting of November 16, 2009 -

Ms. Sims-Smierciak motioned to approve the minutes of the Regular Meeting of November 16, 2009. Seconded by Mr. Hanlon. Motion unanimously passed.

SANITARY DISTRICT

Old Business

Interceptor to Schererville – update –

Mr. Myers reported that they are putting in about 30 feet of pipe a day. It seems to be going okay; they are working on a punch list.

Biennial Rate – update on Public Hearing for Tracker Fee –

Mr. Myers stated that they are changing the ordinance to a resolution due to the opinion of the Town Council Attorney and that the Town Council public hearing would be on December 30, 2009. Joint Ordinance #1503 / #SD103 – is now the following resolution #SD09-12-21A. Ms. Sims- Smierciak motioned to pass Resolution #SD09-12-21A, the Tracker Fee. Seconded by Mr. Hanlon. Motion unanimously passed.

Adoption of Ordinance #SD104 – 2010 Salary Ordinance -

Mr. Hanlon motioned to consider on first reading Ordinance #SD104 – the 2010 Salary Ordinance. Seconded by Mr. Gembala. Motion unanimously passed.

Ms. Sims- Smierciak motioned to adopt Ordinance #SD104 – the 2010 Salary Ordinance. Seconded by Mr. Gembala. Motion unanimously passed.

New Business

RES #SD 09-12-21 – Temporary Transfer & Loan of Funds –

Ms. Sury referenced the information contained in their meeting packet regarding this temporary transfer. Ms. Sims-Smierciak motioned to pass Resolution #SD09-12-21. Seconded by Mr. Hanlon. Motion unanimously passed.

Permission to delete customer accounts paid in full and approval for write off on specified accounts –

Both Districts - Mr. Gembala motioned to approve the write offs for both Districts. Seconded by Mr. Hanlon. Motion unanimously passed. The Board congratulated the Clerk-Treasurer, her staff, and Mr. Wyllie on their good job in the collection process.

PAYMENT OF BILLS - #2099 - #2110 for $105,062.51 for Sanitary District & WW Utility #6358 - #6402 for $2,160,024.75 -

Ms. Sims- Smierciak motioned to pay bill payment memos #2099 - #2110 for $105,062.51 for the Sanitary District and for the Wastewater Utility #6358 - #6402 for $2,160,024.75. Seconded by Mr. Hanlon. 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

Caldwell Tank Discussion –

Mr. Wyllie stated that there is nothing new to report; he is trying to schedule an appointment with the opposing counsel.

Project Update – Water Treatment Plant/Well –

Mr. Myers reported that the treatment plant project is going well and Thieneman is doing a good job.

Partial Pay #3 in the amount of $113,326.31 – Thieneman Construction -

Mr. Gembala motioned to approve Partial Pay #3 in the amount of $113,326.31 for Thieneman Construction for the Water Treatment Plant. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Status of easement issue for well on Route 41 –

Mr. Wyllie stated that the waiver valuations were prepared by the appraisal company: The first easement was appraised at $3,500 and the second at $9,900. He has not sent out the offers on those yet. He also has an invoice for $800 for the appraisal company. Mr. Gembala mentioned that this is not the town’s fault and now the town has to pay for it. Mr. Myers stated that the recording of deeds must be done promptly; it seems it falls through the cracks often. Discussion ensued. Mr. Myers stated that this invoice should be paid out of the System Development Fund. Mr. Gembala motioned to approve payment of the $800 invoice to the appraisal company. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

M.E. Simpson – Proposal for Large Meter Testing -

Ms. Sims-Smierciak motioned to approve the proposal from M.E. Simpson to start testing the large meters. Seconded by Mr. Hanlon. Motion unanimously passed.

Adoption of Ordinance #WD70 – 2010 Salary Ordinance -

Ms. Sims-Smierciak motioned to consider on first reading Ordinance #WD70 the 2010 Salary Ordinance. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #WD70 the Salary Ordinance. Seconded by Mr. Hanlon. Motion unanimously passed.

ORD #WD71 - Backflow Prevention Program – Sprinkle Meters -

Mr. Hanlon motioned to consider on first reading Ordinance #WD71 for the Backflow Prevention Program. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Ms. Sims-Smierciak motioned to adopt Ordinance #WD71 the Backflow Prevention Program. Seconded by Mr. Hanlon. Motion unanimously passed.

RES #WD 09-12-21 PILT Payment –

Mr. Myers stated that the Town will receive from the District $71,200 for the PILT payment of 2010 (FY 2009 in Town Ordinance #1497) and referenced the yearly review as noted in the resolution for next year. Mr. Gembala motioned to approve Resolution #WD09-12-21 the PILT payment. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

RES #WD 09-12-21A Policy Direction turn on/off –

Mr. Gembala motioned to approve Resolution #WD09-12-21A, the policy directing town employees to no longer turn on and off sprinkler systems. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Update – Patterson/Joliet Water main Project (boring under railroad tracks) –

Mr. Myers stated that he talked to Mr. Cender about this. The original plan was to start in 2011, after talking with him about the District’s finances they both feel it is okay to start in 2010. Mr. Myers stated that the Board would discuss this project with Mr. Faberbock at their next Study Session and approve to go ahead at the January meeting. Mr. Kil stated that the Town Council did approve the storm sewer and the boring and that will be bid. Mr. Myers explained the estimated project cost of $194,000 and that they will run the water line and tie it in. The project will be paid out of System Development Fees. Discussion ensued.

New Business

Mr. Wyllie stated that the fee to turn the water on and off for residents needs to be determined. Discussion ensued and examples cited. Mr. Wyllie stated that he will revise the document to reflect the $75.00 charge for each service and the resolution will be ready for the next meeting.

PAYMENT OF BILLS - #3088 - #3095 for $45,802.08 for Waterworks District and #4651 - #4708 for $352,905.59 for Water Utility -

Mr. Hanlon motioned to pay bill payment memos #3088 - #3095 for $45,802.08 for the Waterworks District and #4651 - #4708 for $352,905.59 for the Water Utility. Seconded by Ms. Sims-Smierciak. Motion unanimously passed.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Hanlon. Motion unanimously passed. Meeting adjourned at 6:22 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer