October 13, 2009
The Santa
Claus Waterworks Board met October 13, 2009 at the Santa
Claus Town Hall.
The meeting was called to order by Board Chairman Elliott at
6:00 p.m.
Present:
Scot Elliott, Frank Fowler, Mike Kamp, and Marvin
Leibering.
Absent:
Steve Leibering
Also present were Town Attorney, Kevin
Patmore, Clerk Treasurer, Kim Christensen and Utilities
Superintendent, Russ Luthy.
APPROVAL OF MINUTES:
M. Leibering
moved to approve the minutes of the September 15, 2009
regular session, with the following change: first paragraph,
second sentence should read “The meeting was called to order
by Board Chairman Elliott at 6:03 p.m.”
Kamp seconded.
Ayes:
Unanimous
Motion passed.
PUBLIC COMMENT:
Taste of Water:
Jeff Stillman said that
he had received complaints about the taste of the water.
Luthy explained that this goes on every year with the
algae bloom.
Patoka has something on slate to help with this but will not
be until 2011.
The water is safe to drink.
BUSINESS:
Hwy 245
Update:
Mike Mathias, Midwestern
Engineers, was present to update the Board on the Hwy 245
line relocation project.
The line has been tested out and 16 of the 28
services, have been connected, they will then cut and cap
with hopefully the final walkthrough late next week.
Mathias will be doing a punch list that will have to
be completed before retainage will be released.
Mathias updated the Board on an incident on the Hess
property that the contract will have to rectify.
Kamp asked about the material and supplies sitting up
by the old Santa statute.
Mathias stated that would be part of the punch list.
Water Project
Update:
Matt Robinson, Capitol
Engineers, presented his update to the Board.
Elliott asked about the crossing of the ditch by the
contractor that was not supposed to be done.
Robinson stated that the contractor has been spoken
to about this oversight.
Redwing will be meeting with Kimberly Simpson
regarding their report.
Patmore asked if any special features had been
identified in the ditch area that had been crossed.
Robinson stated there were none.
Fowler asked if there had been any negative contact
with Simpson or Boehm.
Robinson said none had been received.
Redwing had spoken with Simpson and she had requested
additional work be performed, which will an additional
$1,100.00 above the not to exceed cost.
They did find an additional small wetland.
Christensen
requested Board approval of the additional $1,100.00 for
Redwing’s services.
Elliott so moved.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #9 for Graves Plumbing in the amount
of $108,814.54 and retainage.
The pay request has been reviewed by the engineer and
utilities superintendent.
M. Leibering moved to approve Pay Request #9 for
Grave Plumbing.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #8 for National Water Services in the
amount of $104,036.40 and retainage.
The pay request has been reviewed by the engineer and
utilities superintendent.
M. Leibering moved to approve Pay Request #8 for
National Water Services.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #7 for American Development and
Excavating in the amount of $28,332.94.
The pay request has been reviewed by the engineer and
utilities superintendent.
Elliot moved to approve Pay Request #7 for American
Development. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen updated the Board on the
finances involved with the water project.
UTILITIES SUPERINTENDENT:
Fairway
Condos:
Luthy stated that
Winkler had paid one tap on the Fairway Condos.
Do we charge per individual tap?
Patmore stated that the Board can change, but the
practice had been when developer pays for lines the Town
only charges for one tap.
Kamp asked if the water lines had been officially
taken over.
Luthy said that we are still waiting on an easement
clarification.
Vacation:
Luthy notified the Board
that he would be on vacation from October 15th –
October 23rd.
CLERK-TREASURER:
Christensen
asked about scheduling a budget session along with the Town
Council. The
Board asked about meeting November 23rd or 24th.
Christensen will coordinate with the Town Council.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board vouchers were
signed and Fowler moved to adjourn the meeting at 6:39 p.m.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
November 10, 2009
The Santa
Claus Waterworks Board met November 10, 2009 at the Santa
Claus Town Hall.
The meeting was called to order by Board Chairman Elliott at
6:03 p.m.
Present:
Scot Elliott, Frank Fowler, Mike Kamp, Marvin
Leibering and Steve Leibering.
Also present
were Town Attorney, Kevin Patmore, Clerk Treasurer, Kim
Christensen and Utilities Superintendent, Russ Luthy.
APPROVAL OF MINUTES:
Kamp moved to
approve the minutes of the October 13, 2009 regular session.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
BUSINESS:
Hwy 245
Update:
Mike Mathias, Midwestern
Engineers, was present to update the Board on the Hwy 245
line relocation project.
The contractor has been given a Certificate of
Substantial Completion and a punch list.
The retainage will be withheld until the punch list
is complete.
Hwy 245
Relocation Project Pay Requests:
Christensen presented
Pay Request #8 in the amount of $24,777.00 and Pay Request
#8A in the amount of $810.00 for American Development.
The pay requests have been reviewed by the engineer
and utilities superintendent.
Fowler moved to approve payment of Pay Request 8 and
8A. M. Leibering
seconded.
Ayes:
Unanimous
Motion passed.
Water Project
Pay Requests:
Christensen presented
Pay Request #3 for Reynolds, Inc. in the amount of
$25,840.00. The
pay request has been reviewed by the engineer and utilities
superintendent.
Kamp moved to approve Pay Request #3 for Reynolds, Inc.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #10 for Graves Plumbing Co., Inc., in
the amount of $149,451.15.
The pay request has been reviewed by the engineer and
utilities superintendent.
Fowler moved to approve Pay Request #10 for Graves
Plumbing. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen
requested approval to pay the retainage amount of $7,865.85
for Graves Plumbing.
Kamp moved to approve the retainage amount.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #9 for National Water Services in the
amount of $86,958.25.
The pay request has been reviewed by the engineer and
utilities superintendent.
Fowler moved to approve Pay Request #9 for National
Water Services.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen
requested approval to pay the retainage amount of $4,576.75
for National Water Services.
Elliott moved to approve the retainage amount.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen
requested approval to pay the retainage amount of
$1,360.00 for Reynolds, Inc.
M. Leibering
moved to approve the retainage amount.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
Fiber Optics:
Luthy gave the Board an
update on the fiber optics installation and the cost to the
Town for repairs and labor.
Water Project
Update:
Dave Eberenz, Capitol
Engineering, presented an update on the water project.
Should get permits from the Army Corps of Engineers
for all crossing.
Have been given a verbal to do the crossings, but
want the actual permit before proceeding.
Christensen updated the Board on the
finances involved with the water project.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board vouchers were
signed and M. Leibering moved to adjourn the meeting at 6:45
p.m. S.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
December 15, 2009
The Santa
Claus Waterworks Board met December 15, 2009 at the Santa
Claus Town Hall.
The meeting was called to order by Board Chairman Elliott at
6:0 p.m.
Present:
Scot Elliott, Mike Kamp, Marvin Leibering and Steve
Leibering.
Absent:
Frank Fowler
Also present
were Town Attorney, Kevin Patmore, Clerk Treasurer, Kim
Christensen and Utilities Superintendent, Russ Luthy.
APPROVAL OF MINUTES:
Kamp moved to
approve the minutes of the November 10, 2009 regular session
with the change to the motions reading “deposited into
retainage account” and the minutes of November 23, 2009
special session as presented.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
BUSINESS:
Hwy 245
Update:
Mike Mathias, Midwestern
Engineers, was present to update the Board on the Hwy 245
line relocation project.
Mathias presented Change Order #2 in the amount of
$14,418.60, which will true up the quantities and cover the
increase on the bore cost.
S. Leibering moved to approve Change Order #2.
Elliott seconded.
Ayes:
Unanimous
Motion passed
Mathias
presented pay request #9 in the amount of $5,637.69.
Elliott moved to approve the pay request.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Mathias asked
that the Board approve the release of retainage subject to
the cut and caps being completed, submission of all waivers
of liens.
Elliott moved that the retainage be release once the cut and
caps and completed, waivers of liens are submitted, and the
Engineer and Utilities Superintendent sign off on the
release. S.
Leibering seconded. Kamp asked about the removal of
construction equipment from Koch Development property.
The motion was amended to include that the
construction equipment needed to be removed.
Ayes:
Unanimous
Motion passed.
Water Project
Update:
Matt Robinson, Capitol
Engineering, presented an update on the water project.
Kamp stated that Southern Indiana Power might be
interested in supplying power to the water plant.
Robinson is to call this week regarding easement and
agreement with Vectren.
Kamp was to check on the rates with Southern Indiana
Power.
Robinson
presented a listing of change orders for each division of
the project.
Division C, water plant, change order #13 (on list) is for
$2,337.95 and is the cost to add local disconnects for high
service pumps on the clearwell.
Elliott motioned for the Engineer to prepare the
change order for approval.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Division B,
water line, change order #8, #9, and #10 were presented.
Change order #8 was for additional footage of 16” PVC
DR 18 pipe. Kamp
moved that the change order #8 be presented with amendment
showing breakdown justification.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Elliott moved
that change order #9 be presented with amendment showing
breakdown justification.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Elliott moved
that change order #10 be presented with amendment showing
breakdown justification.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Change orders #12 and #13 for Division
B were not prepared yet.
Division B
change order #4 was discussed.
This change order is for additional erosion control
measures.
Patmore asked if the Engineer had compared what National
Water Services and the other contractors had bid for erosion
control measures.
Elliott stated that the Board might look at material,
but not labor.
Kamp asked for the Town Attorney’s professional opinion on
whether the Town was responsible for this cost.
Patmore stated that the contractor was supposed to do
the plan, but the Town had to hire someone.
Legally the Town should not have to pay.
Kamp moved to deny change order #4, in the amount of
$24,500.00. S.
Leibering seconded.
Can resubmit if changes are made.
Ayes:
Unanimous
Motion passed.
Division B
change order #11, in the amount of $23, 159.57, was
discussed. This
change order is for the cost of falling back to make stream
crossings.
Elliott moved to deny the change order, with the Engineer
and Contractor meeting and bringing back to the Board a
different request.
S. Leibering seconded.
Ayes:
Elliott, S. Leibering,
M. Leibering
Nays:
Kamp
Motion passed.
Pay Requests:
Christensen presented
Pay Request #11 for Graves Plumbing Co., Inc., in the amount
of $149,451.15 with retainage in the amount of $6,272.70.
The pay request has been reviewed by the engineer and
utilities superintendent.
Kamp moved to approve Pay Request #11 for Graves
Plumbing and that the retainage amount be deposited into the
retainage account at the bank.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #4 for Reynolds, Inc. in the amount of
$72,392.99 with retainage in the amount of $3,809.66.
The pay request has been reviewed by the engineer and
utilities superintendent.
Elliott moved to approve Pay Request #4 for Reynolds,
Inc. and that the retainage amount be deposited into the
retainage account at the bank.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #10 for National Water Services in the
amount of $93,629.89, with retainage in the amount of
$4,927.88. The
pay request has been reviewed by the engineer and utilities
superintendent.
Elliott moved to approve Pay Request #10 for National Water
Services and that the retainage amount be deposited into the
retainage account at the bank.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
2010 Water
Budget:
Kamp moved to recommend
the presented 2010 Water Budget to the Town Council for
approval. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
Auto gun:
Luthy asked for
permission to replace an auto gun meter reader for the water
department at a cost of $1,319.38.
Elliott moved to approve the purchase.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Year end
meeting:
Christensen reminded the
Board about their year end meeting scheduled for December 28th
at 6:30 p.m.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board vouchers were
signed and M. Leibering moved to adjourn the meeting at 7:20
p.m. S.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
December 28, 2009
The Santa
Claus Waterworks Board met in special session December 28,
2009 at the Town Hall.
The meeting was called to order by Board Chairman
Elliott at 7:50 p.m.
Present:
Scot Elliott, Frank Fowler and Stephen Leibering.
Absent:
Mike Kamp and Marvin Leibering
Also present
were Utilities Superintendent Russ Luthy and
Clerk-Treasurer, Kim Christensen
BUSINESS:
Water Project:
Luthy stated that
National Water Services will be doing the connection in
Christmas Lake Village
on January 4th.
Meeting
Schedule:
Elliott moved that the
meetings for 2010 be the second Tuesday at 6:00 p.m.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
With no
further business to come before the Board vouchers were
signed, Elliott moved to adjourn the meeting at 7:55 p.m.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
January 12, 2010
The Santa
Claus Waterworks Board met January 12, 2010 at the Santa Claus
Town Hall. The
meeting was called to order by Board Chairman Elliott at
6:00 p.m.
Present:
Scot Elliott, Frank Fowler, Mike Kamp, Marvin
Leibering and Steve Leibering.
Also present were Town Attorney, Kevin
Patmore; Deputy Clerk, Carol Severson; and Utilities
Superintendent, Russ Luthy.
APPOINTMENTS:
S. Leibering
nominated Elliott as Chairman and Fowler as Vice Chairman.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
APPROVAL OF MINUTES:
M. Leibering
moved to approve the minutes of the December 15, 2009 (regular
session) and
December 28, 2009 (special session).
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
COMMENTS FROM THE FLOOR:
None
BUSINESS:
Hwy 245 Update
– No update as Mike Mathias, Midwestern Engineers, was not
present.
Water Project
Update – Matt Robinson
distributed information and, along with Dave Eberenz,
provided update on the highlighted items.
Water Project
Change Orders – Robinson
distributed and reviewed Change Orders –
Change order
#7 to cover laborers, operators, excavator and compact
loader for National Water Services in the amount of $845.00.
S. Leibering moved to approve Change Order #7 for
National Water Services.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
A request for
a change to the contract in the amount of $18,837.00 for
erosion control fencing and revetment mattresses was
presented. Elliott
moved to table the request 12/29/2009 until a letter
regarding the permits is received from the corps of
engineers. S.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
A request for
a change to the contract for additional costs in the amount
of $14,908.32 for having to skip the stream crossing and
avoid the wetlands was presented.
Elliott moved to reject the request.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
Change order
#8 to cover having to move the waterline at various
locations to avoid known wetlands and intermittent streams
for National Water Services in the amount of $18,851.85 was
presented.
Fowler moved to approve Change Order #8 for National Water
Services.
Elliott seconded.
Ayes:
Unanimous
Motion passed.
Graves
Plumbing:
Elliott moved to approve
Graves Plumbing Pay Request #12 in the amount of $49,760.05
and retainage of $2,618.95 to be placed in the water
retainage account at the bank.
S. Leibering
seconded.
Ayes:
Unanimous
Motion passed.
National Water
Services:
Elliott moved to approve National Water Pay Request #11 in
the amount of $95,505.28 and retainage of $5,026.60 to be
placed in the water retainage account at the bank.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
Reynolds,
Inc.: Elliott
moved to approve Reynolds Pay Request #5 in the amount of
$16,232.23 and
retainage of $854.33 to be placed in the water retainage
account at the bank.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
UTILITIES SUPERINTENDENT:
12” Line
Relocation – Luthy
explained Old Tyme Liquors plan to expand the building and
the situation with the necessity to move the water line and
exactly where to.
Patmore explained the missing easements and is to
check on the easements.
16” Finished
Water Line Tie-in – Luthy
explained the tie-in was completed last week and all appears
to be good.
TOWN ATTORNEY:
No
business.
CLERK-TREASURER:
No business
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board, vouchers were
signed and Elliott moved to adjourn the meeting at 7:00 p.m.
M. Leibering seconded.
Ayes:
Unanimous
Motion passed.
February 9, 2010
The Santa Claus Waterworks Board met
February 9, 2010 at the Town Hall.
The meeting was called to order by Chairman Scot
Elliott at 6:03 p.m.
Present:
Scot Elliott, Frank
Fowler, Mike Kamp, Marvin Leibering, and Steve Leibering.
Also present were Town Attorney, Kevin
Patmore, Clerk Treasurer, Kim Christensen and Utilities
Superintendent, Russ Luthy.
APPROVAL OF MINUTES:
Kamp moved to approve the minutes of
the January 12, 2010 regular session.
S. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
BUSINESS:
Water Project
Update:
Matt Robinson, Capitol
Engineering, Inc., presented the Board with his monthly
report concerning the water project (see attachment).
Robinson stated that there was a need to extend the
contract time for National Water Services because of having
to fall back and moving of the water line.
The contactor had asked for 60 days, but Robinson
felt that 31 days should be enough.
Kamp asked how long it would take to start producing
water if the extension to April 1, 2010 is granted.
Robinson stated that it would take at least an
additional 3 weeks for the plant to be operational.
Fowler asked if the Town could expect to see another
request for an extension of time.
Robinson stated that they would consider it
substantially completed once all of the pipe is in the
ground and connected.
Fowler moved to approve the extension or the contract
by 31 calendar days and that this request be included in
change order #8.
M. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
Robinson
presented Change Order #9 in the amount of $3,249.46.
This would be compensation due to a right of way
dispute on the Pledger property that resulted in the
skipping of the water line on the property, which will have
to be completed later.
Elliott moved to approve Change Order #9 in the
amount of $3,249.46.
S. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
Vectren
Contract:
Patmore stated that a
contract and easement had been received from Vectren for
them to provide service to the new water plant.
Patmore stated that the contract calls for a minimum
payment of $30,146.37 for 2 ½ years or we make up the
difference.
Patmore has asked about extended this to 4 years.
Kamp moved to authorize Elliott to execute the
contract and easement for 2 ½ years or the longer term if
received. S.
Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
CLERK-TREASURER:
Pay Requests:
Christensen presented
Pay Request #13 for Graves Plumbing Co., Inc. in the amount
of $173,964.00 with retainage in the amount of $9,156.00.
The pay request has been reviewed by the engineer and
utilities superintendent.
M. Leibering moved to approve Pay Request #13 for
Graves Plumbing and that the retainage amount be deposited
into the retainage account at the bank.
Fowler seconded the motion.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #12 for National Water Services., LLC
in the amount of $67,458.31 with retainage in the amount of
$3,550.44. The
pay request has been reviewed by the engineer and utilities
superintendent.
M. Leibering moved to approve Pay Request #12 for National
Water Services and that the retainage amount be deposited
into the retainage account at the bank.
S. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
Christensen
presented Pay Request #6 for Reynolds, Inc. in the amount of
$5,077.75 with retainage in the amount of $267.25.
The pay request has been reviewed by the engineer and
utilities superintendent.
M. Leibering moved to approve Pay Request #6 for
Reynolds, Inc. and that the retainage amount be deposited
into the retainage account at the bank.
S. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
Resolution
2010-01:
Christensen presented
Resolution 2010-01, water utility accounts to be written
off. She
explained that there were accounts that are considered
uncollectible either because of bankruptcy, sheriff sale or
the individual could not be located.
The total to be written off is $248.83.
M. Leibering moved to
approve Resolution 2010-01.
Fowler seconded the motion.
Ayes:
Unanimous
Motion passed.
Resolution
2010-02:
Christensen presented
Resolution 2010-02, cancellation of old warrants.
She stated that once a warrant is two years or older
and has not been submitted to the bank for payment it is to
be voided and the funds returned to the fund from with it
was written. The
three warrants to be cancelled total $52.26.
Elliott moved to approve Resolution 2010-02.
M. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board vouchers were
signed and Fowler moved to adjourn the meeting at 6:36 p.m.
M. Leibering seconded the motion.
Ayes:
Unanimous
Motion passed.
March 9, 2010
The Santa
Claus Waterworks met in regular session on March 9, 2010 at the Town
Hall. The
meeting was called to order by Board Vice Chairman Fowler at
6:00 P.M.
Present:
Frank Fowler, Mike Kamp and Marvin Leibering and
Steve Leibering (6:05
p.m.)
Absent:
Scot Elliott
Also present were Town Attorney, Kevin
Patmore; Deputy Clerk, Carol Severson; and Utilities
Superintendent, Russ Luthy
APPROVAL OF MINUTES:
M. Leibering
moved to approve the minutes.
Fowler stated that the date of the meeting should be
February 9, 2010 instead of January 9, 2010.
Kamp moved to approve the minutes with the date
correction. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
COMMENTS FROM THE FLOOR:
No comments received.
BUSINESS:
Water Project
update:
Robinson passed out the
status report and went over the highlighted items.
Fowler reminded Robinson that the Town was not going
to pay any charges from Redwing because of them having to
come out and do an inspection because the contractor did not
put up silt fence.
In their contract they are required to conform to
best practices and if there is going to be a charge the Town
is not going pay for them.
Eberenz elaborated on Rule 5 permit.
Also advised the extension expires on April 1st
and the penalty is $500 per day.
Robinson advised the cost to get across the creek is
$22,000 and the contractor offered to split the cost with
the town. Kamp
moved to authorize a change order to cross the creek, for
which the net to the Town would not exceed $7,500.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed
Robinson will pass this information on
to the contractor.
National Water
Service Pay Request:
Robinson reviewed Pay
Request #13 for National Water Services in the amount of
$43,975.87 and recommended approval to pay.
Luthy state that he has reviewed the request and
everything looked okay.
Kamp moved to approve payment of Pay Request #13 and
retainage of $2,314.50 be placed in the retainage bank
account. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
Robinson will
be presenting a change order for heaters in the chemical
feed rooms at the next meeting.
Patmore
advised that Gray & Pape, Inc. is sending a final report to
the state. They
have billed the Town an amount that is over their contract
amount; will advise the Clerk-Treasurer to not pay.
Kamp asked
about the letter from Burgher & Burgher.
Patmore informed the
Board that he has addressed this.
He advised Burgher &
Burgher that we have retainage and will notify them before
releasing retainage even though we do not have to do so.
UTILITIES SUPERINTENDENT:
Luthy had nothing to report.
TOWN ATTORNEY:
Patmore
advised that he will take care of the Vectren contract.
CLERK-TREASURER:
No business to come before the Board.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board, vouchers were
signed and M. Leibering moved to adjourn the meeting at 6:40
P.M. S.
Leibering seconded.
Ayes:
Unanimous
Motion passed
April 13, 2010
The Santa
Claus Waterworks Board met in regular session on April 13,
2010 at the Town Hall.
The meeting was called to order by Board Chairman
Scot Elliott at 6:00 p.m.
Present:
Scot Elliott Frank Fowler, Mike Kamp, Marvin
Leibering, and Steve Leibering.
Also present were Town Attorney, Kevin
Patmore; Clerk-Treasurer, Kim Christensen; and Utilities
Superintendent, Russ Luthy.
Announced that the meeting was being
recorded.
APPROVAL OF MINUTES:
S. Leibering
moved to approve the March 9, 2010 minutes.
M. Leibering seconded.
Ayes:
Unanimous
Elliott abstained because he
was not in attendance at the meeting.
Motion passed.
COMMENTS FROM THE FLOOR:
No comments received.
BUSINESS:
Water Project
update:
Matt
Robinson, Capitol Engineers, went over the highlighted items
on the update concerning the wells and water plant.
Robinson
presented Change Order #7 for Graves Plumbing requesting an
extension on their contract to May 1, 2010.
Kamp moved to approve a contract extension through
end of business on May 11, 2010.
Fowler seconded.
Ayes:
Unanimous
Motion passed.
Robinson then
presented Change Order #8 for an additional $3,388.55 to
cover the cost of two small heaters in the chlorine and
ammonia rooms.
M. Leibering moved to approve Change Order #8.
S. Leibering seconded.
Ayes:
Unanimous
Motion passed.
Robinson
presented Change Order #9 for an additional $798.62 to cover
the cost of up sizing the wiring to the tankless water
heater for the safety shower.
Discussion followed concerning the labor cost.
This was tabled so Robinson could speak with the
contractor concerning the labor.
Robinson
reviewed the updates concerning the transmission line.
Redwing had submitted their report to COE on the
possible discharge of sediment to the wetland areas.
National Water Services has submitted their self
monitoring reports to IDEM.
Redwing has submitted a letter listing all of the
items they found relating to erosion control.
Elliott stated that was the letter to National
containing 34 items needing attention.
There was a letter hand delivered from the Department
of the Army to Elliott shortly after the inspection of the
site on April 7th that goes through in date order
various noncompliance issues.
Based on the events listed in the letter they gave
the Town a couple of options to come into compliance.
The Town has 30 days within receipt of letter to do
one of the two options and at that point it will be turned
over to the United States Attorney.
There was a site inspection April 8th
listing the various issues that were found.
Also have a letter that the Town Attorney prepared
and sent to National Water Services.
The Board should have an email from Capitol Engineers
giving a summary of events.
Patmore stated
that along with the COE letter there are two breeches of the
contract. First,
time has expired on the contract and second, the contract
requires compliance with all federal, state, local laws and
regulations and obviously it is the United States and Indiana contention that they are not in
compliance with the law and that is a breech.
Patmore stated that a letter had been sent to
National Water Services giving them10 days to be in
compliance or the Town would have to explore other measures
to complete the project, because obviously if the U.S.
Attorney gets involves they have already threatened fines
back to October against the Town and they do have the power
to do that.
Fowler asked
if this would affect the Town’s financing.
Patmore stated it is obviously a last resort that you
want to go to.
Ron Smith has looked into Reynolds and because they are
already an existing contractor, they have been approved by
EDA and everyone, we don’t think there would be too much of
a problem if they would come in and finish the project.
Fowler thought there would be a problem if we did not
finish the project on time.
Patmore stated that we have until October to complete
the project.
Fowler stated that if the EPA would come in a stop the
project we would have a problem then.
We have 30 days to fix the problem, not to finish the
project. Elliott
stated that because we are in violation of the Regional
General Permit, we need to have the other permit to go
through the small area south of the water plant.
The permit has been put on hold pending further
review of the project.
Dave Arnold,
National Water Services, stated that the delineation of the
stream crossings and wetland areas has nothing to do with
the best management practices and the violations.
That was a requirement before the contract was
awarded. Elliott
stated that was not the reason they will not let us finish
the project, it is because of best management practices, it
is stated in the letter, it says it right here.
Arnold
said that he understood that, but all of those areas should
have been delineated and approved well before the project
started. Elliott
stated that we would have been able to approve the project
if we did not have the violations, Simpson has told that to
our attorney, she has told him, she has put it in writing.
She is not shutting the job down because we don’t
have it delineated, she is shutting it down because National
can not do the best management practices.
Additional
discussion followed.
Eberenz stated we do exactly what the letter states,
it is the best way to get it done.
Issues change each time it rains.
Elliott said if we don’t see progress and get
verified progress we better off cutting our ties with
National and bring someone else in to finish the project to
satisfy IDEM and COE and get water to the Town.
Kamp stated that the last two summers the Town was in
a water crunch in June and July.
S. Leibering asked why the problems were not fixed
before the inspection.
Arnold stated that they can only do so much.
Tried their best to get done, to get the inspection
and get the project done.
Arnold
stated that best management practices are subject to
interpretation.
Elliott stated that we need to get the line in the ground,
be in compliance, verify in compliance.
Arnold
stated that they are working on reclamation.
Kamp stated if we need sod, we get sod, if we need
rain, we get a water truck.
Kamp said if work is to be done on Thursday, Redwing
could inspect on Friday.
Or if rain, can inspect on Monday and report on
Tuesday. K.
Fuhs, Redwing, need to look at all crossings and put
together report, COE will either make a site visit or go
with the Redwing report.
Eberenz stated
that there needed to be coordination between National and
Crider & Crider.
Need something in writing concerning responsibility.
Elliott asked
if Redwing could do an inspection of the whole job and be at
meeting Tuesday with report.
Patmore will send letter to IDEM and COE giving them
the Town’s plan of action.
Fowler stated
that one of the things addressed in the letter is
maintenance needs to be done on a regular basis.
Any issues that are found and fixed need to stay
fixed. If that
means that Redwing has to do inspections from now on, on a
regular basis, then that is what needs to be done.
Elliott stated that concern had been expressed by
IDEM and COE about ongoing issues.
Fowler moved
to have a special session on Tuesday, April 20, 2010 at 6:00
p.m. M.
Leibering seconded.
Ayes:
Unanimous
Motion passed.
Pay Requests:
Pay Request #14 from
National Water Services was tabled until the meeting on
April 20th.
UTILITIES SUPERINTENDENT:
Luthy stated
that he felt that Ronnie Boehm, IDEM, could be satisfied.
National needs to do the maintenance required.
Luthy updated
the Board that Larry Albin, Lamar resident, had some water
seepage in his yard that may end up being an issue.
Patmore asked
if the trenching company had been satisfied.
Arnold stated that he did not know but would
look into it.
TOWN ATTORNEY:
No business to come before the Board.
CLERK-TREASURER:
Christensen
stated that the Council had asked her to check into using a
collection agency for delinquent accounts.
She informed the Board that the Council had asked
Patmore to review one of the agreements and report back to
the Council at the next meeting.
Kamp stated that he had some concerns with some of
the wording in the contract.
VOUCHERS AND ADJOURNMENT:
With no
further business to come before the Board, vouchers were
signed and S. Leibering moved to adjourn the meeting at 7:06
P.M. Fowler
seconded.
Ayes:
Unanimous
Motion passed
April 20, 2010
The Santa
Claus Waterworks Board met in special session April 20, 2010
at the Town Hall.
The meeting was called to order by Board Chairman
Elliott at 6:00 P.M.
Present:
Scot Elliott, Frank Fowler, Mike Kamp, Marvin
Leibering and Steve Leibering.
Also present were Town Attorney, Kevin
Patmore; Clerk-Treasurer, Kim Christensen; Utilities
Superintendent, Russ Luthy; Bill Reynolds, Ronnie Warren and
Ralph Burton, representing National Water Services; Max
Apple, Attorney; Matt Robinson and Dave Eberenz,
representing Capitol Engineering, Inc.; and Kiersten Fuchs
and Brad Anderson, representing Redwing Ecological Services,
Inc.
Announced that the meeting was being
recorded.
Elliott stated
that the meeting had been called to bring everyone up to
date on events regarded in the water project. Ultimately to
night the Board needs to make a decision on how to proceed
from this point forward.
Patmore stated that a feel good letter had been sent
to the Corps of Engineers and IDEM letting them know about
the Town’s timeline and about the meeting tonight.
Hopefully all of their issues would be remedied at
that time or the Town would have to explore other options to
bring the project under compliance and meet their timeline
because the Town is dedicated to meeting the timelines
pronounced the latest from the Corps of Engineers.
Have not received any response from them.
Received a letter from Tucker and Tucker, attorney
for National Water Services, indicating that the Town should
not terminate the contract, invoking 15.4 of the General
Conditions of the contract saying all of the delays in the
project are either due to weather conditions or acts of the
Town and failure to timely secure required permits for the
project. Say
that National Water Services has been performing diligently
under the contract to bring the project into compliance.
Patmore has not responded to the letter.
Would like direction on whether to respond or not.
Fuchs and
Anderson, Redwing, looked at the corridor from the well
field to the treatment plant.
Put together a short report showing general comments
and specific items.
They either need to be addressed or are partially
completed and need to be completed.
Last section is on going maintenance comments.
There are things that National will have to keep
checking on.
Things look better, they have made great strides.
There is not 100% completion.
If these things could be done by the end of the week,
Redwing could come back and go through everything, get the
report to Corps of Engineers and IDEM.
Fowler said
that there had been a list of 34 items that had been
identified prior to the last meeting and the Board had been
told at that meeting that there were only a handful of those
items that needed to be completed.
Is this list of 31 items new things that have
occurred since then or are these basically the same 34 items
that haven’t been completely addressed?
Fuchs stated that many of the items had been
addressed, there may be areas that are not completed to the
full extent that had been talked about to National Water in
the field. There
are a couple of new items in areas that had not been looked
at previously.
Anderson
stated that Boehm had stated that any of the concentrated
flow areas needed to be stabilized.
There are some areas that had been stabilized and
Crider and Crider have since disturbed the areas.
Boehm stated that Redwing/National needed to have a
conversation with Crider & Crider, which they did have.
Anderson
gave details on the issues with Crider & Credit.
Fowler again
asked of the 31 items on the list how many of them are new
and how many are items that were not completed to Redwing’s
satisfaction of the original 34 items that were turned in.
Fuchs stated that she felt 75% were from the original
34 items. Anderson stated that many of the areas are
where they had seeded and strawed, where the straw had not
held or the seed had not come up.
Fowler stated that was a point that was made in the
letter and he had said in the last meeting that these kind
of things needed to be taken are of on a weekly basis if not
daily to make the 31 item list a 2 item list.
If this is not going to be kept down to a 2 item
list, then we are going to continue to have problems with
the state. We
need a continuous third party monitoring of these issues and
these need to be addressed on an ongoing continuous basis by
National Water Services to stay compliant.
Redwing agreed that we are not in a position to have
IDEM or the Corps come and do an inspection and give a
passing grade.
Luthy stated
that great strides were made this week.
Anchoring the mulch has been an issue and the
monitoring reports, along with ongoing maintenance.
Burton
stated that they need to seed and straw the bare spots, they
placed rip rap this afternoon.
Seems to keep changing what needs to be done every
time they go through.
Should have everything pretty well cleaned up by
Thursday or Friday.
Reynolds
stated that part of the problem was the crimper.
It is so dry that it is not working correctly.
Either do netting on the entire job or need rain for
the crimper to work properly.
Kamp asked
when National Water Services could be fully compliant with
the environmental requirements.
When will the list go from 31 to 2?
Elliott if you can get there then the Town will get
someone that can.
Have heard Thursday or Friday and also heard another
week. If you
can’t handle it tell us and we will get some to come in and
do it.
Reynolds said
that they have been out there busting it for the last few
days. The items
that have to be completed, if they need to use netting or
have to use the crimper, because that is 99% of the problem.
If we have to put down netting on the entire job,
then that is what we do.
Could water with a water truck.
Kamp stated that he had brought that up at the last
meeting.
Discuss
followed concerning the storage lot.
Anderson
said that a lot of the items are maintenance items.
Elliott stated that if you read the letter part of
the concern is National Water Services ability to maintain
the site once it is complete.
Anderson stated that the maintenance issues
should be caught through weekly inspections.
Fowler stated that the Town’s problem is, as he read
the letter from the State, is the maintenance issues are the
problem, not timely repaired.
Doesn’t matter about the permits, the work has not
been done, National has not maintained the work that has
been done and the State is telling us that they are not
going to let us put in another foot of pipe in the ground
because of the ongoing maintenance issues that have not been
corrected.
Elliott stated that this is the second time that we have
been shut down.
Fowler stated that this has been an ongoing issue since the
beginning of the project.
Reynolds stated that there is not reason that they
cannot complete the project.
After
additional discussion it was decided to give National
additional time to address the issues noted in the Redwing
report and to come into compliance and to have another
special session.
Fowler moved
to schedule a special session on April 27, 2010 at 6:00 p.m.
M. Leibering seconded the motion.
Ayes:
Unanimous
With no
further business to come before the Board S. Leibering moved
to adjourn the meeting at 7:02 p.m.
Fowler seconded the motion.
Ayes:
Unanimous
Motion passed
April 27, 2010
The Santa
Claus Waterworks Board met in special session April 27, 2010 at the Town
Hall. The
meeting was called to order by Board Chairman Elliott at
6:00 P.M.
Present:
Scot Elliott, Frank Fowler, Mike Kamp, Marvin
Leibering and Steve Leibering.
Also present were Town Attorney, Kevin
Patmore; Deputy Clerk, Carol Severson; Utilities
Superintendent, Russ Luthy; Bill Reynolds, Shawn Fischer,
Ronnie Warren and Ralph Burton, all of National Water
Services; Max Apple, Attorney; Matt Robinson and Dave
Eberenz of Capitol Engineering, Inc.; and Kiersten Fuchs,
Redwing Ecological Services, Inc.
Announced that the meeting was being
recorded.
Elliott stated
the only business for this meeting was an update on the
water line.
Fuchs passed
out Redwing’s report, reviewed the results of the site visit
of last Thursday and advised National Water is in compliance
so can move forward with the compliance letter.
She also emailed Ronnie Boehm advising National Water
is in compliance.
IDEM needs to review the report.
Eberenz stated
he has reviewed Redwing’s report, inspected the worksite and
concurs with Redwing’s report.
We will now be able to bore Brown Creek.
Robinson advised it is a maintenance
issue from here on forward.
Luthy thanked
Redwing and National Water for what they have done.
He concurs and agrees with Redwing’s report.
Fowler wants
to be sure that everything is okay after this past weekend’s
weather.
Reynolds stated it is.
Eberenz requested to see the report
that was done this past Monday, after the weekend storms.
Reynolds
advised maintenance is being addressed and requested Redwing
provide the scope of what needs to be done regarding
maintenance.
With regard to the Crider and Crider situation, met with
Patmore last week regarding what paperwork is needed; a
contract or something in writing.
It is still National Water’s responsibility; now
taking responsibility; don’t anticipate any problem; will
work with Crider and Crider.
Fowler
inquired about the report after the rain storm this past
weekend. Fuchs
advised she does not yet have it.
Fischer advised he has the reports for 4/22 and
today.
Eberenz stated
they have 24 hours after the end of a ½ inch or more storm
ends to make the report and it does not have to be filed.
Reynolds advised a purchase order has
been done to release the sections.
Elliott stated
should follow up with a letter to IDEM advising they should
be in receipt of Redwing’s report and appears we are now in
compliance.
Eberenz said this would go a long way to do so and Crider
and Crider maintenance issues have been addressed.
Patmore advised he will do a letter, tonight, and get
it in the mail tomorrow.
With
no other questions, Fowler thanked everyone for getting the
project in compliance.
Elliott
requested Reynolds have a follow-up update at the next
Waterworks Board Meeting on May 11th.
Regarding Pay
Capitol Engineering’s Pay Request #14, Elliott stated it
will be postponed until the next meeting on May 11th.
With no
further business to come before the Board, Elliott moved to
adjourn the meeting at
6:35 P.M.; Fowler made a motion; Marvin Leibering
seconded the motion.
Ayes:
Unanimous
Motion passed