Waterworks Board Minutes

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The most recent minutes will be added to the website after they have been approved and signed at a Board meeting.   

 

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

 

 

 

 

 


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