Joint Sewer and Town Council Meeting 11/27/12 Minutes

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012Call to order: A Joint meeting of the Winfield Town Council and Sewer Board was held in WinfieldGovernment Center, Winfield, Indiana on November 27, 2012. The meeting convened at 7:00 pm,President Paulette J. Skinner presiding.The Pledge of Allegiance was recited.Members in attendance: Paulette Skinner, Gerald Stiener, Jim Simmons, Don Samburg, Dave Anderson,BC Spear, and Mark WacnikMembers not in attendance: Bob Gertzen, Utility ServicesAlso in attendance: Attorney Dave Austgen, DLZ Engineer Anthony Kenning, Clerk-Treasurer RickAnderson, and Administrative Assistant Tammi TravisAPPROVAL OF MINUTES:Paulette Skinner entertained a motion for the Sewer Board to approve the minutes of the Study Sessionand Joint Sewer Board and Town Council meeting on October 23, 2012. Mark Wacnik made a motionand BC Spear seconded the motion. With no discussion, a voice vote found all were in favor. Minuteswere approved as read.Paulette requested to have the Treasurer’s Report read for Sewer Board claims. Rick Anderson presentedthe Treasurer’s Report for Sewer Board, through the end of October 2012 and routine claims to-date in theamount of $56,131.96. He noted unusual items on the claims were NIES Engineering Study, $16,975.63;DLZ for GIS work with collection system $4,835.50; and Computrain, $4,725.00. Paulette Skinnerentertained a motion to pay the claims as presented. BC Spear made a motion to pay October claims todateand Mark Wacnik seconded the motion. BC Spear questioned how much had been paid, to-date, onthe NIES Engineering study. Rick Anderson provided the total and noted it was not final billed to$20,000 per the contract. With no further discussion, a voice vote found all were in favor. Motion passedto pay the claims.Paulette Skinner entertained a motion for the Town Council to approve the minutes of the Joint SewerBoard and Town Council meeting on October 23, 2012 and Special Session and Study Session onNovember 13, 2012. Gerald Stiener made a motion to approve the meeting minutes. Jim Simmonsseconded the motion. With no discussion, a voice vote found all were in favor. Minutes were approvedas read.STAFF REPORTSPaulette Skinner asked if any one wished to discuss/have comments in regard to the staff reports. RickAnderson stated that Bob Gertzen from Utility Services had sent an e-mail requesting approval to cleanout the wet wells at the Meadows, Snead St., and Deer Creek lift stations. The cost would be no morethan $800.00 per station. BC Spear made a motion to approve cleaning of the three lift stations at nomore than $800.00 per station. Mark Wacnik seconded the motion. A voice vote found all were in favor,motion passed.PUBLIC COMMENTS (Agenda Items):There were no public comments.Page 1 of 8

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012UNFINISHED/DEFERRED BUSINESS:1. Update on Wyndance/Deer Creek/Stonegate Lift StationsDon Samburg advised that the Town received executed agreements in regard to the Deer CreekLift Station Transfer Agreement and Sanitary Sewer Reimbursement Agreement by DaveVanDyke on behalf of Deer Creek Investors. Don recommended that the Sewer Board authorizeexecution of the documents and once the documents are signed, then the new constructionmoratorium on Deer Creek subdivision could be lifted. There was a lengthy discussion in regardto the agreements. Attorney Austgen stated the documents presented were what was circulatedbeginning in April 2012 and gave an overview of what the documents included. Attorney Austgengave his recommendation that the Sewer Board and Town Council approve the agreements. DonSamburg made a motion for the Winfield Town Council to authorize the approval of the LiftStation Transfer Agreement and Sanitary Sewer Reimbursement Agreement and to authorize theCouncil President to sign both agreements. Gerald Stiener seconded the motion. With no furtherdiscussion, a roll call vote was conducted by Rick Anderson: Dave Anderson, yes; Jim Simmons;yes; Don Samburg, yes; Gerald Stiener, yes; Paulette Skinner, yes.Paulette Skinner opened the floor to the Sewer Board for a motion regarding the agreements. MarkWacnik made a motion to defer the Sewer Board decision, in order to provide additional time toadequately review the Sewage Lift Station Transfer Agreement and the Sanitary SewerReimbursement Agreement, until a Special Sewer Board meeting to be called on December 3,2012 at 6:00 pm. BC Spear seconded the motion. A roll call vote was conducted by RickAnderson: BC Spear, yes; Mark Wacnik, yes; Paulette Skinner, yes. The motion passed; it wasannounced that there will be a Sewer Board Special meeting on Monday, December 3, 2012 at6:00 pm.Attorney Austgen advised that the Town Council needed to address a couple items once the twoagreements were fully executed. One item of consideration was the new construction buildingmoratorium being lifted on Deer Creek Estates once the contract was executed. Gerald Stienermade a motion, to lift the moratorium on Deer Creek Estates subject to the Sewer Boardsfavorable decision and execution of the Sewage Lift Station Transfer Agreement and the SanitarySewer Reimbursement Agreement. Don Samburg seconded the motion. With no furtherdiscussion, a roll call vote was conducted by Rick Anderson: Jim Simmons, yes; Dave Anderson,yes; Don Samburg, yes; Gerald Stiener, yes; Paulette Skinner, yes. The motion passed.2. Indiana American Water Usage Data AgreementRick Anderson advised that there was a conference call earlier between him, Indiana Americanrepresentatives, and Attorney Austgen to clarify the definition and description of a “unit of data”for billing purposes and a revised agreement was ready for signature. Attorney Austgen gave hisrecommendation for the Council to approve the agreement. Jim Simmons made a motion toapprove the Indiana American Water Usage Data Agreement. Dave Anderson seconded themotion. With no further discussion, Rick Anderson conducted a roll call vote: Jim Simmons, yes;Page 2 of 8

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012Dave Anderson, yes; Don Samburg, yes; Gerald Stiener, yes; and Paulette Skinner, yes. Motionpassed.3. Update on Sewer Engineering Study, Consideration of Proposal for Final Report from NIESEngineeringPaulette Skinner stated that there was a proposal from NIES to prepare a final report in regard tothe sewer collection study that was recently completed. Don Samburg gave an update in regard tothe NIES Engineering study, stating the work was complete to the $20,000.00 study. Don statedthat Mr. Phipps brought the council up-to-date on the conditions of all the lift stations and ourconstraints within the weekly e-mail updates. However, Don noted there was more work thatneeded to be completed/addressed, such as to put the de-sludge operation under cover, provideoffice space for consolidation of all sewer documents and a place for Utility Services to work outof, and other on-going items that were critical to the operation and to move forward, at an hourlyrate, to complete these tasks. Mr. Phipps initial $20,000 study included: going to each lift stationassessing the operational problems, identifying the need for immediate fixes. The scope of theproject changed and became predominately immediate attention areas vs. capacity studies, whichwas completed. Don stated that the new proposal was up to $5,000.00 to complete a study, at anhourly fee, to move forward with the various tasks. Gerald Stiener stated that he did not feel asthough there needed to be final report at this time, as he felt there will be a lot more things to beaccomplished and that the Town will need to continue using his services. There was furtherdiscussion in regard to what the additional $5,000.00 would cover and/or include and if the workshould be bid out or have DLZ complete the work that NIES indicates. It was noted that NIESEngineering’s expertise is in sewer infrastructures. Don informed the Sewer Board about issues ata few lift stations and the degree work needed at each station. Mark Wacnik made a motion todefer the NIES proposal until there is a further development of a scope of priorities. BC Spearseconded the motion. With no further discussion, Rick Anderson conducted a roll call vote of theSewer Board: BC Spear, yes; Mark Wacnik, yes; Paulette Skinner, yes. Motion passed.At this time Sewer Board members Mark Wacnik and BC Spear left the meeting.4. Update on Stonegate Commons ParkGerald Stiener suggested that this subject be deferred.5. Discussion of Revenue Bond Refinancing MattersRick Anderson stated that the Town Council needed to consider of the Fee Proposal for the PayingAgent, Registrar & Refunding Escrow Agent with Wells Fargo. Rick stated that is was a standardagreement for bond refinancing that would allow him, as Clerk-Treasurer of the Town, to enter theagreement with Wells Fargo. Rick reviewed the fees involved. Attorney Austgen gave hisrecommendation of the execution of this agreement.Attorney Austgen advised that the underwriters are currently working on the bond and shouldhave pricing next week and the likelihood of closing on the bonds by the end of December ifpricing was received next week. Interest rate should be in the estimated range of 3.4%. AttorneyPage 3 of 8

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012preference. There was a discussion in regard to the work that had not been completed andcontinues not to get completed, along with a discussion that took place that determined that thedeveloper was not going to plow the final two streets they were still responsible for. JimSimmons made a motion to authorize Clerk-Treasurer, Rick Anderson, to pull the four DoubletreeEstates West Phase 7 and 8 Letters of Credit that are currently set to expire on December 22, 2012and March 13, 2013. Gerald Stiener seconded the motion along with stating that there was beenno cooperation with Doubletree or the Receiver or evidence that the work would be completed in atimely manner. A roll call vote was conducted by Rick Anderson: Don Samburg, yes; DaveAnderson, yes; Jim Simmons, yes; Gerald Stiener, yes; and, Paulette Skinner, yes. Motion passed.Rick Anderson will follow-up on initiation of the claim.Don Samburg advised that there continues to be a problem with the Erie Drive sewer line beingfilled with debris including rocks and chunks of asphalt. Don stated that the Town cannot affordto put any additional load onto the downstream side of Erie Drive sewer line. Don Samburg madea motion to place a new construction building moratorium on Doubletree East, namely Phases 15,16, 17 and 9 and incorporate the un-platted proposed townhomes and condominiums on CountyLine Road, effective immediately. Jim Simmons seconded the motion. Attorney Austgeninquired if this deficiency was noted by John Phipps, of NIES Engineering. Don Samburg statedthat John has been on site in regard to this matter. Individuals also noted on site include KevinMisch and Bob Gertzen of Utility Services, who are all in agreement that there is a seriousproblem in regard to this line. With no further discussion, Paulette Skinner requested RickAnderson to conduct a roll call vote: Jim Simmons, yes; Dave Anderson, yes; Don Samburg, yes;Gerald Stiener, yes; and, Paulette Skinner, yes. Motion carried to initiate a new constructionbuilding moratorium on Doubletree East, Phases 15, 16, 17 and 9, effective immediately.10. Update on 104 th and Randolph St., LightThis subject was discussed under Old Business, Item #7, see above.11. Update of Police Protection and Animal Control contractsDon Samburg advised that both contracts need to go before the Lake County Commissioner forapproval first and hereby requested this subject be deferred to the December regularly scheduledmonthly meeting. As a side note, the contract changes are now for three-years term, at a fixed 3%escalator each year, and taking off the restriction of hiring off-duty officers in order to controlvandalism issues and traffic control problems.NEW BUSINESS:1. Consideration of Change Order #4, Walsh & Kelly roadwork, deduct $177,558.49Anthony Kenning stated the work has been completed and the change order brings the contractdown $177,558.49. This is a result of changes that were made throughout the time frame thatwork was completed. This brings a final contract amount of $1,007,781.26. Anthony Kenningsrecommended approval of Change Order #4 at this time so that there can be a final considerationof payment. Gerald Stiener made a motion to approve Change Order #4 to Walsh & Kellydeducting $177,558.49. Dave Anderson seconded the motion. A roll call vote was conducted byPage 5 of 8

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012Rick Anderson: Gerald Stiener, yes; Jim Simmons, yes; Don Samburg, yes; Dave Anderson, yes;and Paulette Skinner, yes. Motion passed.2. Consideration of Supplemental Maintenance Bond for roadwork completed on 125 th Ave.Anthony Kenning advised that he, Jim Simmons, and a Vice President from Walsh & Kelly allmet on 125 th Ave. in regard to the “ripples” and “puddles” that were noted on 125 th Ave. It wasdetermined that there is no structural deficiency and Walsh & Kelly was willing to put in place aSupplemental Maintenance Bond in the amount of $210,000.00 for one-year to cover any repairissues that would arise. There was a discussion in regard to the application of the asphalt surfacethat may be completed differently in the future. Anthony Kenning recommended accepting thesupplemental maintenance bond. Jim Simmons made a motion to accept the SupplementalMaintenance Bond in the amount of $210,000.00 from Walsh & Kelly in regard to 125 th Ave.roadwork. Dave Anderson seconded the motion. A roll call vote was conducted by RickAnderson: Don Samburg, yes; Dave Anderson, yes; Jim Simmons, yes; Gerald Stiener, yes; andPaulette Skinner, yes. Motion passed.3. Update on Road Projects and Consideration to Pay Application #5, to Walsh & Kelly,$57,017.53Anthony Kenning advised that Walsh & Kelly submitted two pay applications this month, PayApplication #5 and Release of Retainage Held.. Anthony Kennings recommended paying bothamounts. Gerald Stiener made a motion to approve of Pay Application #5, in the amount of$57,017.53, and Release the Retainage Held, in the amount of $101,778.12, for Walsh & Kelly.Jim Simmons seconded the motion. A roll call vote was conducted by Rick Anderson: DaveAnderson, yes; Jim Simmons, yes; Don Samburg, yes; Gerald Stiener, yes; and Paulette Skinner,yes. Motion passed.4. Consideration of Release of Retainage Held for Walsh & Kelly, $100,778.12This item was discussed and passed during New Business Item #3. See above.5. Consideration of Contract Extension with Walsh & Kelly for the Year 2013Rick Anderson advised the Council in regard to the Contract Extension with Walsh & Kelly forthe Year 2013. Rick stated he updated the roadway budget and there was funding in the amount of$210,801.88 for roadway improvements for the year 2013. There was discussion in regard tolocking in pricing for next year and Attorney Austgen advised in regard to this matter. JimSimmons made a motion to accept the Contract Extension with Walsh & Kelly for the Year 2013.Dave Anderson seconded the motion. A roll call vote was conducted by Rick Anderson: DonSamburg, yes; Dave Anderson, yes; Jim Simmons, yes; Gerald Stiener, yes; and Paulette Skinner,yes. Motion passed.6. Resolution 2012-7, Resolution Providing for Paid Legal Holidays for the Year 2013Rick Anderson advised and read Resolution 2012-7, in full. Gerald Stiener made a motion toaccept Resolution 2012-7. Jim Simmons seconded the motion. A roll call vote was conducted byRick Anderson: Dave Anderson, yes; Don Samburg, yes; Jim Simmons, yes; Gerald Stiener, yes;and Paulette Skinner, yes. Motion passed.7. Ordinance #215, 2013 Salary Ordinance for Non-elected Officers and EmployeesRick Anderson presented and read Ordinance #215, in full. Dave Anderson made a motion toaccept Ordinance #215 on first reading. Jim Simmons seconded the motion. A roll call vote wasPage 6 of 8

Town of Winfield 10645 Randolph Street Winfield, IN 46307MINUTESWinfield Joint Town Council and Sewer Board MeetingMeeting date: Tuesday, November 27, 2012discussion, Rick Anderson conducted a roll call vote: Dave Anderson, yes; Jim Simmons, yes;Don Samburg, yes; Gerald Stiener, yes; and Paulette Skinner, yes. Motion passed. The Councilthanked Paulette for her service.TREASURERS REPORT:Rick Anderson presented the Treasurer’s Report, through the end of October 2012 and routine claims todatein the amount of $357,010.46. He noted unusual items on the claims: Walsh & Kelly in the amountof $235,144.00; the last quarterly payment to Lake County Sheriff in the amount of $27,500.00, and thefirst installment of the building department software in the amount of $5,970.00. Paulette Skinnerentertained a motion to pay the claims as presented. Dave Anderson made a motion to pay Octoberclaims to-date and Jim Simmons seconded the motion. Jim Simmons questioned a payment in regard tothe Cam’s Tree Service. Rick Anderson advised of a complaint by the Crown Point School system of treelimbs hitting buses. The tree trimming work was completed on 109 th & 125 th Avenues. The Town’sStreet Department does not have the equipment to complete this type of tree trimming work. Jim wantedto know if the trees should be removed, not just trimmed. There was discussion in regard to that matterand it was noted that given resources available tree trimming was more likely. Jim Simmons alsoquestioned two street light bulb replacements on Ontario and 104 th and Randolph St. Jim stated that hehas a problem with contracting with a Town employees’ business to complete the work. AttorneyAustgen advised in regard to this matter and noted that it was not technically improper but that theCouncil may wish to exclude this. There was a discussion in regard to this matter. Gerald Stienerquestioned a Merrillville Ace Hardware purchase and suggested we shop local. Rick Anderson explainedthat the purchase was made while the Street Department was on their way back into town from anothererrand and that Winfield Ace did not stock the item. With no further discussion, a roll call vote wasconducted by Rick Anderson: Gerald Stiener, yes; Don Samburg, yes; Dave Anderson, yes; JimSimmons, yes; and Paulette Skinner, yes. Motion passed.CITIZEN REQUESTING PLACEMENT ON THE AGENDA:None at this time.ANNOUNCEMENTS:Paulette Skinner read the announcements, with special attention made in regard to a Special Sewer Boardmeeting on Monday, December 3, 2012 at 6:00 pm.ADJOURNMENT:Paulette Skinner entertained a motion to adjourn the meeting. Gerald Stiener made a motion and it wasseconded by Don Samburg. All were in favor. The meeting adjourned at 8:41 p.m.Gerald StienerTown Council PresidentRichard C. Anderson, Jr.Clerk-Treasurer________________________________Tammi A. TravisRecording SecretaryDate of Approval __________________Page 8 of 8