November 9 - North Shore Sanitary District
November 9 - North Shore Sanitary District
November 9 - North Shore Sanitary District
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<strong>November</strong> 9, 2011<br />
Minutes of the Regular Meeting of the Board of Trustees of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> held<br />
Wednesday, <strong>November</strong> 9, 2011 at 9:30 A.M. at the <strong>District</strong> Office of the Raymond E. Anderson Complex<br />
located in Gurnee, Illinois.<br />
The meeting was opened with the Pledge of Allegiance.<br />
Vice President Stephen Drew chaired the meeting in President Daniel Pierce’s absence.<br />
On roll call, the following Trustees were present:<br />
Stephen J. Drew, Vice President<br />
John R. Paxton, Treasurer<br />
James E. Swarthout<br />
Daniel M. Pierce, President was present via telephone due to a medical reason.<br />
Staff members present were General Manager Brian Dorn, Assistant General Manager Dave Miller,<br />
Attorney Greg Jackson, Director of Engineering Services Jai Gupta, Director of Laboratory Services Joe<br />
Robinson, Director of Operations Gary Sowma and Director of Technology Services Pete Russo.<br />
Before proceeding with the meeting, Vice President Drew asked that there be a moment of silence in<br />
remembrance of Trustee Effie Wroten, a valuable member of the Board of Trustees who had recently<br />
passed away.<br />
Vice President Drew asked if there were any comments from the Public.<br />
Jose Guzman introduced himself and stated he has been a resident of Waukegan since 1970 and had run for<br />
Trustee for the 3 rd Ward of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> in 2008. Mr. Guzman stated he intends to run<br />
again and is willing to work together with the Board and serve the residents of Waukegan.<br />
Jerry Archibald introduced himself and stated he is a Waukegan Township Committeeman for Precinct 388<br />
and is very interested in running for Trustee for the 3 rd Ward of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>.<br />
Beverly “Sugar” Young introduced herself and stated that she is also interested in running for Trustee for<br />
the 3 rd Ward of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>.<br />
President Pierce commented that anyone who is interested in the Ward 3 vacancy should submit a letter<br />
expressing such interest and qualifications to either himself or one of the other Board members. President<br />
Pierce stated that in accordance with the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> Act, the vacancy of Ward 3 Trustee<br />
shall be filled by appointment by the President of the <strong>Sanitary</strong> <strong>District</strong> Board of Trustees, with the advice<br />
and consent of the trustees of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>. President Pierce then thanked all those<br />
present for coming to the meeting and introducing themselves.<br />
Vice President Drew presented the Consent Agenda, as follows:<br />
A. Approval of the Minutes of the Regular Meeting held on October 12, 2011.<br />
B. Consideration of Bills.<br />
Wastewater Treatment Fund $1,288,745.04<br />
Check No. 155374 through 155394, Check Nos. 155396 through 155675.<br />
Void check 155395.<br />
C. Financial Report, September, 2011.<br />
D. Hearing Summary, October 4, 2011.<br />
E. Prepayment for Procurement of SRF Parts.<br />
1. Kollemann GmbH, Purchase Order #22926 in the amount of 1,353.00€.<br />
F. Authorize Payroll and Finance Department to issue <strong>District</strong> checks to meet expenses where<br />
necessary for payroll and to avoid interest and/or penalties before the next Board Meeting.
It was moved by Trustee Swarthout and seconded by Trustee Paxton, that the items under the Consent<br />
Agenda be approved.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
Vice President Drew presented the President Report as follows:<br />
A. Resolution.<br />
1. Recognition of Service – Effie Mae Wroten.<br />
Vice President Drew invited Kelvin Tate, son of Effie Wroten to come forward. Vice President Drew read<br />
aloud the Resolution for Recognition of Service for Effie Mae Wroten.<br />
R E S O L U T I O N<br />
WHEREAS, EFFIE MAE WROTEN was elected as a Trustee of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong><br />
<strong>District</strong>, taking office on December 6, 2004, and serving upon the Board of Trustees until her death on<br />
October 21, 2011; and<br />
WHEREAS, throughout her lifetime and during the time EFFIE MAE WROTEN served the <strong>North</strong><br />
<strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> she was known for her devoted dedication to all those she served both personally<br />
and professionally in the community; and<br />
WHEREAS, the President and Board of Trustees of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> are greatly<br />
saddened by the news of her recent passing and desire to recognize her contributions to the <strong>District</strong> and to<br />
express their condolences to the members of her family.<br />
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the <strong>North</strong><br />
<strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> as follows:<br />
1. That the many valuable contributions of EFFIE MAE WROTEN to the <strong>North</strong> <strong>Shore</strong><br />
<strong>Sanitary</strong> <strong>District</strong> and all of its citizens are hereby officially recognized and the condolences of the <strong>District</strong><br />
and all of its officers and employees are extended to the family of EFFIE MAE WROTEN.<br />
2. That the Secretary is hereby authorized and directed to send a certified copy of this<br />
Resolution to the family of EFFIE MAE WROTEN.<br />
It was moved by Trustee Swarthout and seconded by Trustee Paxton, that a Resolution for Recognition of<br />
Service for Effie Mae Wroten be adopted.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
Vice President Drew stated that a formal version of the Resolution would be presented to the family.<br />
Kelvin Tate thanked the Board for all they had done on behalf of his mother and his family.<br />
General Manager Dorn presented the Management Report as follows:<br />
A. Presented IMRF Executive Trustee Election.<br />
General Manager Dorn stated that there is a position open on the IMRF Board of Trustees. General Manager<br />
Dorn stated that IMRF is governed by an 8 member Board, 4 of which are Executive Trustees elected by<br />
participating units of government. The position serves a five year staggered term. In August, the Board<br />
approved nominating Dave Miller as a Trustee for the IMRF Board. General Manager Dorn stated that Dave<br />
is interested in protecting the interests and investments of local governments and their employees and that it<br />
would be good to have a voice from NSSD involved in upcoming pension issues. General Manager Dorn<br />
stated that Secretary Mary Jo Bryant is the Authorized Agent who has the authority to vote on behalf of the<br />
<strong>District</strong> and recommended that the Board direct her to cast a ballot for Dave Miller in the Executive Trustee<br />
Election.
It was moved by Trustee Paxton and seconded by Trustee Swarthout, to direct Secretary Mary Jo Bryant, as<br />
the Authorized IMRF Agent, to vote for Dave Miller in the IMRF Executive Election.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
B. Presented Update on American Transmission Company Electric Transmission Line.<br />
General Manager Dorn gave an update on the American Transmission Company (ATC) who has petitioned<br />
the ICC for a Certificate of Public Convenience and Necessity to construct an electricity transmission line<br />
between the Pleasant Prairie Power Plant and the Calpine Energy Center Plant. All three routes under<br />
consideration pass through property owned by the <strong>District</strong> which is reserved for the City of Zion via the<br />
Trumpet Park Real Estate Agreement. General Manager Dorn stated that Attorney Jackson and Assistant<br />
General Manager Miller attended the ICC Prehearing Conference at which the Village of Pleasant Prairie filed<br />
a petition to intervene. ATC’s attorney indicated that the City of Zion intends to purchase the subject property<br />
from the <strong>District</strong> and provide ATC with an easement. Attorney Jackson feels that the <strong>District</strong> should strongly<br />
consider intervening in the process to protect its property rights in the event that Zion fails to purchase the<br />
land from the <strong>District</strong> and ATC subsequently attempts to take it via eminent domain. President Pierce asked if<br />
there was another mechanism to resolve this issue outside of eminent domain. Attorney Jackson stated that if<br />
Zion does not purchase the property, the <strong>District</strong> may end up with a power line it doesn’t want. Trustee<br />
Paxton asked as long as the <strong>District</strong> receives compensation for the property does it really matter Attorney<br />
Jackson responded that the installation of a power line through <strong>District</strong> property could impact the development<br />
of adjacent property. A discussion ensued. Attorney Jackson discussed several alternative solutions that the<br />
<strong>District</strong> could pursue. Assistant General Manager Miller asked if a motion should be made to delegate legal<br />
counsel to intervene.<br />
It was moved by Trustee Pierce and seconded by Trustee Swarthout to delegate Legal Counsel to File a<br />
Petition with ICC to Intervene in Objection to Routing a Power Line through NSSD property.<br />
On roll call, the vote was 3-1 with Trustees Swarthout, Drew and Pierce voting "Aye". Trustee Paxton voted<br />
“Nay”. Motion declared carried.<br />
Assistant General Manager Miller presented the Administration Division Report as follows:<br />
A. Presented 2011 Tax Levy Ordinance.<br />
TAX LEVY ORDINANCE<br />
Combined Annual Budget and Appropriation Ordinance of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>, passed by the<br />
Board of Trustees of said <strong>District</strong> on June 8, 2011.<br />
Combined Annual Budget and Appropriation Ordinance of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>, published<br />
according to law in the News-Sun on June 11, 2011.<br />
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE NORTH SHORE SANITARY DISTRICT,<br />
LAKE COUNTY, ILLINOIS AS FOLLOWS:<br />
Section 1:<br />
That there be and is hereby levied upon all taxable property within the limits of said <strong>District</strong><br />
subject to taxation for the year 2011 the total sum for the purposes itemized as follows:<br />
WASTEWATER TREATMENT FUND<br />
Unrestricted - Operation and Maintenance Appropriation Levy<br />
Waukegan Sewage Treatment Plant 3,728,650 867,258<br />
Clavey Road Sewage Treatment Plant 3,747,650 871,678
Gurnee Sewage Treatment Plant 3,964,650 922,150<br />
Pumping Stations 868,120 201,919<br />
Sludge Recycling Facility 3,547,680 825,166<br />
Landfill Operations 64,810 0<br />
Maintenance Scheduling 211,960 0<br />
Operations Laboratory 444,920 0<br />
Instrumentation Laboratories 603,770 0<br />
Compliance 229,840 0<br />
Information Systems 719,960 0<br />
Electrical Maintenance 674,230 0<br />
Process Automation Maintenance 734,840 0<br />
Purchasing 316,160 0<br />
Human Resources 131,170 0<br />
Administrative Services 781,790 0<br />
Budget Management 235,620 0<br />
Engineering Services 477,920 111,161<br />
Design and Construction 159,890 0<br />
Board of Trustees 187,270 0<br />
Staff Management 604,410 0<br />
Directors 883,700 0<br />
Legal 155,350 0<br />
Administration Building 130,160 0<br />
Public Relations 23,620 0<br />
Non-Allocated 430,710 0<br />
Subtotal - Unrestricted - O & M 24,058,850 3,799,332<br />
System Expansion Reserve Appropriation Levy<br />
Proposed Projects 4,225,600 0<br />
Subtotal - System Expansion Reserve 4,225,600 0<br />
Capital Additions Reserve Appropriation Levy<br />
Proposed Projects 7,981,900 7,644,438<br />
Subtotal - Capital Additions Reserve 7,981,900 7,644,438<br />
Replacement Reserve Appropriation Levy<br />
Proposed Projects 13,142,900 0<br />
Subtotal - Replacement Reserve 13,142,900 0<br />
1991 Debt Retirement Reserve Appropriation Levy<br />
General Obligation Bond Payments 1,437,700 0<br />
Subtotal - 1991 Debt Retirement Reserve 1,437,700 0<br />
Total - Wastewater Treatment Fund $ 50,846,950 $ 11,443,770
Section 2:<br />
That the Secretary of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> is hereby directed to file with the County<br />
Clerk of the County of Lake, State of Illinois, a certified copy of this Ordinance within the time<br />
limited by law and to certify to the County Clerk of said County, the sum of $11,443,770 as the<br />
amount to be raised by taxation as set forth in this Ordinance for the year 2011.<br />
Assistant General Manager Miller gave a brief overview of the 2011 Tax Levy. Assistant General Manager<br />
Miller wanted it noted that the 2011 property tax year represents the final levy for the 1991 bonds issued to<br />
construct the expansion of the Waukegan STP. In his FY 2011 audit letter to the Board, the <strong>District</strong>’s<br />
auditor included the following comment: “The 1991 Environmental Protection Agency loan agreement<br />
calls for debt service payments totaling $2,875,383 over the next two fiscal years. At April 30, 2011, the<br />
<strong>District</strong> had restricted cash of $1,111,311 and property taxes receivable for the bonds totaling $1,503,287.<br />
This leaves a net balance of $260,785 to be funded from property taxes. As the <strong>District</strong> approaches the<br />
final debt service payment in January, 2013, it might consider abating the calendar year 2011 tax levy.”<br />
President Pierce initiated a discussion regarding the nature of any potential abatement. Assistant General<br />
Manager Miller explained that the <strong>District</strong>’s original Bond Ordinance, approved by the Board on February<br />
28, 1991 established terms and conditions that govern the issuance and repayment of the bond issue,<br />
including the distribution and use of all funds levied pursuant to that Ordinance. President Pierce asked if<br />
this had to be approved today or could it wait until the next meeting. Assistant General Manager Miller<br />
stated the tax levy ordinance must be submitted to the Lake County Clerk no later than the last Tuesday in<br />
December. President Pierce asked what amount of reserve does the <strong>District</strong> currently have on account.<br />
Assistant General Manager Miller explained the different fund accounts and how they work and stated his<br />
recommendation would be that the <strong>District</strong> approve the current 2011 Tax Levy and continue to follow the<br />
procedures established in the original 1991 Bond Ordinance. Should the Board then elect to abate a portion<br />
of the bond levy, an appropriate abatement ordinance could be drafted for inclusion on the December Board<br />
agenda. Assistant General Manager Miller explained the 1991 Ordinance provides for the administration of<br />
any funds remaining after all obligations for principal and interest have been satisfied. This 2011 Tax Levy<br />
Ordinance has been prepared pursuant to those procedures.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to approve the 2011 Tax Levy<br />
Ordinance.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
B. Presented Workers Compensation and Public Official’s Bond Renewals.<br />
Assistant General Manager Miller introduced Brad West of West Insurance. Brad West then introduced<br />
Brent Jones and newest member Luke Dover who had recently joined West Insurance in September. Mr.<br />
West gave a brief presentation on the proposed <strong>District</strong>’s workers compensation and surety bond renewal<br />
for the five Trustees.<br />
Assistant General Manager Miller wanted it noted that the Illinois Public Risk Fund makes grant money<br />
available to its members which is used for the purchase of safety related equipment and/or safety training.<br />
Assistant General Manager Miller stated that the <strong>District</strong> has claimed every penny of this grant money over<br />
the years. He also wanted to note that Paul Becker, one of the founders of the Illinois Public Risk Fund had<br />
recently passed away and that Paul was very helpful to the <strong>District</strong> in all matters related to the Illinois<br />
Public Risk Fund. Assistant General Manger Miller stated he would be missed and hoped that his<br />
replacement will be as helpful. Trustee Paxton asked if the <strong>District</strong> was still getting decent service from<br />
them. Assistant General Manager Miller replied, so far it has been good.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to approve the Workers Compensation<br />
and Public Official’s Bond Renewals.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
Director of Engineering Services Gupta presented the Engineering Services Division Report as follows:
A. Presented Reassignment of Waukegan Effluent Forcemain (F3) Pipe Rehabilitation Project<br />
Contract.<br />
Director of Engineering Services Gupta reported that Instituform Technologies, Inc. had recently acquired<br />
Fibrwrap Construction LP, creating two new companies - Fibrwrap Construction Services USA, Inc. and<br />
Fibrwrap Construction Services, Inc. Fibrwrap Construction, LP was originally awarded the Waukegan<br />
Effluent Force Main (F3) Pipe Rehabilitation Bid on July 13, 2011. Due to the recent change of ownership,<br />
Instituform had requested NSSD’s consent in order for them to assign this Contract to Fibrwrap<br />
Construction Services, USA, Inc. This consent was approved at the September 14, 2011 Board meeting.<br />
However, given the nature of the work, Instituform Technologies decided it would be in the best interest of<br />
the parties for NSSD to agree to reassign the Contract to Fibrwrap Construction Services, Inc. Director of<br />
Engineering Services Gupta says he sees no problem with this consent and asked for Board approval.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to approve Reassignment of<br />
Waukegan Effluent Forcemain (F3) Pipe Rehabilitation Project Contract.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
B. Presented Bid Summaries.<br />
1. Women Locker Room Facilities at the Gurnee, Waukegan and Clavey Road STPs, Boller<br />
Construction Co., Inc of Waukegan, IL in the amount of $402,500.00.<br />
Director of Engineering Services Gupta reported that this bid was presented at last month’s meeting. The<br />
Board expressed a concern at that time that the amount of the project seemed extremely high. A<br />
recommendation was made at last month’s meeting that one of the Trustees tour the three facilities to<br />
evaluate if such a project is warranted. Trustee Swarthout subsequently toured the plant facilities. Trustee<br />
Swarthout’s impression is the project is unnecessary at this point in time. Trustee Swarthout stated that<br />
there is only one woman currently working at the Waukegan STP and that the facilities are adequate<br />
enough at all three plants at this time. It would be his recommendation to scrap the project.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to Reject the project for the Women<br />
Locker Room Facilities at the Gurnee, Waukegan and Clavey Road STPs.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
2. Main Sludge Cake Conveyor Replacement at Waukegan STP, Reject all Bids.<br />
Director of Engineering Services Gupta presented an overview of the Main Sludge Cake Conveyor<br />
Replacement at Waukegan STP. Director of Engineering Services Gupta reported after the bid opening it<br />
was discovered that one specified manufacturer was acquired by a different company and another qualified<br />
conveyor company was identified. Adding those manufacturers to the specifications could lead to<br />
significant savings for the <strong>District</strong> and therefore the recommendation would be to reject all bids and rebid<br />
the project incorporating these modifications.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to Reject all Bids, Main Sludge Cake<br />
Conveyor Replacement at Waukegan STP.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
C. Presented Construction Change Order.<br />
1. C.O. No. 3, Waukegan STP Building 240 HVAC Improvements, Amber Mechanical<br />
Contractors, Inc., Increase of $5,204.70 and 78 Calendar Days for Final Completion.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to approve C.O. No. 3, Waukegan<br />
STP Building 240 HVAC Improvements, Amber Mechanical Contractors, Inc., an Increase of $5,204.70<br />
and 78 Calendar Days for Final Completion.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.
Director of Laboratory Services Robinson presented the Laboratory Division Report as follows:<br />
A. Presented Current Status of Significant Industrial Wastewater Violation(s) in the Service Area<br />
of the NSSD.<br />
Director of Laboratory Services Robinson reported that all Industries were currently in compliance.<br />
Director of Laboratory Services Robinson did want to update the Board on the Industrial User Population<br />
Equivalent Audit and the status of the 10 remaining open case Industrial Users. He gave a brief overview<br />
of the industries and indicated that commercial accounts have now been evaluated for PE compliance.<br />
Director of Laboratory Services Robinson stated there are several commercial users discharging in excess<br />
of their permitted PE who were in operation before the permit system was incorporated in 1983. The<br />
<strong>District</strong> will have to go back and estimate a baseline for these particular commercial users. Director of<br />
Laboratory Services Robinson stated that this is being done now and letters to all commercial users<br />
exceeding their permitted PE will be will going out shortly. This was informational only with no action<br />
required.<br />
There was no report requiring Board action for the Operations Division. However, Director of Operations<br />
Sowma informed the Board that all three plants met their permit requirements for the month.<br />
There was no report requiring Board action for the Technology Services Division.<br />
Attorney Gregory Jackson Presented the Attorney Report as follows:<br />
A. Resolution.<br />
1. Vacancy in Office – Ward 3 Trustee.<br />
Attorney Jackson recommended that the Resolution notifying the Clerk for the County of Lake and such<br />
other officials as required by law, that there currently exists a vacancy in the office of Trustee for Ward 3 of<br />
the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> be adopted.<br />
It was moved by Trustee Paxton and seconded by Trustee Swarthout to Adopt a Resolution for Vacancy in<br />
Office – Ward 3 Trustee.<br />
On roll call, the vote was 4 – 0 with all Trustees present voting "Aye". Motion declared carried.<br />
R E S O L U T I O N<br />
WHEREAS, EFFIE MAE WROTEN was elected as a Trustee of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> for<br />
Ward 3, taking office on December 1, 2008 with the term of office ending on December 3, 2012 or until<br />
such time as a successor is qualified and sworn; and<br />
WHEREAS, Trustee EFFIE MAE WROTEN died on October 21, 2011 while serving as Trustee<br />
of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> for Ward 3; and<br />
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the <strong>North</strong><br />
<strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong> as follows:<br />
1. That upon the death of EFFIE MAE WROTEN there was created a vacancy in the office<br />
of the Trustee for Ward 3 of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>.<br />
2. That the Secretary is hereby authorized and directed to notify the Clerk for the County of<br />
Lake, State of Illinois, and such other officials as required by law, that there currently exists a vacancy in<br />
the office of Trustee for Ward 3 of the <strong>North</strong> <strong>Shore</strong> <strong>Sanitary</strong> <strong>District</strong>.<br />
There being no further business to come before the Board, on motion duly made, seconded and<br />
unanimously passed, the meeting was then and there adjourned until the next regular meeting to be held on
Wednesday, December 14, 2011 at 9:30 A.M. at the <strong>District</strong> Office of the Raymond E. Anderson Complex<br />
in Gurnee.<br />
_________________________________<br />
SECRETARY<br />
_____________________________<br />
PRESIDENT