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HomeMy WebLinkAbout09-15-2011 CITY OF JEFFERSONVILLE SANITARY SEWER BOARD MINUTES OF SEPTEMBER 15, 2011 The Sanitary Sewer Board of the City of Jeffersonville met in regular session in the Mayor's Conference Room in City Hall, Jeffersonville, Indiana on Thursday, September 15, 2011 at 3:00 P.M. Mayor Galligan called the meeting to order at 3:05 P.M. Board Members Bill Saegesser and Dale Orem were present. Also present were Board Attorney Scott Lewis, Utility Director Len Ashack, Assistant Utility Director Lori Kearney, City Engineer Andy Crouch, Financial Officer Monica Harmon, Economic Development Director Clarence Hulse, Josh Hillman representing Jacobi, Toombs and Lanz, Lenin Kasthuri representing Bernardin Lochmueller, and Deputy Clerk Treasurer Barbara Hollis. Board Member Orem made the motion to approve the agenda as presented, seconded by Board Member Saegesser, passing on a vote of 3 -0. The minutes of September 1, 2011, were presented for approval. Board Member Saegesser made the motion to approve the minutes with a correction of changing the word same on page 3 to Scottsburg, second by Board Member Orem, passing on a vote of 3-0. The claim lists were presented for approval. Following discussion, Board Member Orem made the motion to approve the Operating claim list in the amount of' $232,310.04, the Cum Improvement Fund claim list in the amount of $2,723.07, the 20110 BAB claim lists in the amount of $271,327.19 and $70,000.00, the 2010 Construction Bond claim list in the amount of $76,167.00, the 2009 SRF claim list in the amount of $48,236.31, and the 2011A SRF claim list in the amount of $717,618.66 as presented, second by Board Member Saegesser, passing on a vote of 3 -0. Clarence Hulse appeared before the Board to ask the Board to approve the Sewer Board portion of the TKT Associates, Canal District Supplier Participation Program contract and answer any questions the Board may have. The Redevelopment Commission will pay Part 2 and Part 3 of the contract. Board Member Orem asked if this contract is an annual contract or a one -time contract and was informed this was annual. Board Member Saegesser questioned why the City Economic Development Director is promoting a Louisville, KY firm. He then asked if there is anybody in Jeffersonville qualified to do this work. Mayor Galligan said in his opinion there is not. Board Member Saegesser then asked why the City Attorney prepared the contract. He also asked if anyone knew of any private firm that has the City Attorney prepare their contract. Board Member Saegesser asked why not invest in Jeffersonville. Board Member Saegesser then said let Redevelopment pay for this contract; the Sewer Board has sewers to fix. Board Member Orem asked does the Sewer Board not have to abide by Federal and State hiring practices laws. Mayor Galligan then reviewed the situation with the bid for the Big 4 Bridge project. Board member Saegesscr said there is a form to use for this on the INDOT website. A grant writer will certify the form. Board Member Orem said this needs to be looked at further. Mayor Galligan said all need to be comfortable with it. If there is a different side the Board needs to know. Board Member September 15, 2011 2 Orem made the motion to table, second by Board Member Saegesser, passing on a vote of 3 -0. TKT Associates needs to have a representative at the next meeting. CMMS Clerk Cindy Seifert conducted a demonstration of the Cartegraph system saying it is ready to go on line. There is an ability to delete inappropriate requests. Attorney Lewis does have some concerns, noting the need for a policy, and a disclaimer. He will work on a draft. Director Ashack reviewed the uses and advantages. Josh Hillman explained the need for Change Order — Extra Work Agreement No. 2 for the Herb Lewis Road Sewer Project, Excel Excavating, Inc., contractor, in the amount of $9,472.70. City Engineer Crouch has requested this change to improve the drainage. The Drainage Board will reimburse the Sewer Board. City Engineer Crouch explained the project. Board Member Saegesser made the motion to approve Change Order — Extra Work Agreement No. 2 in the amount of $9,472.70, second by Board Member Orem, passing on a vote of 2 -0 -1. Mayor Galligan abstained. Josh Hillman next explained the need for Change Order — Extra Work Agreement No. 3 for the Woodland Court Sewer Improvements, Clark Nickles, Inc., contractor, in the amount of 42,015.20. This change order nets out #1 and #2. Board Member Orem made the motion to approve Change Order — Extra Work Agreement No. 3 for Woodland Court Sewer Improvements, second by Board Member Saegesser, passing on a vote of 3- 0. Josh Hillman thcn presented Attachment B: Work Order Form, Work Order No. 2011 -6, Engineering Services For PER Amendment For The Tenth Street Pump Station Project, 09/15/2011. This is to allow for SRF funding. This is not to exceed $2,500. Board Member Orem made the motion to approve the work order as presented, second by Board Member Saegesser, passing on a vote of 3 -0. Josh Hillman next explained the need for Attachment 13: Work Order Form, Work Order No. 2011 -5 "On Call" Services, September 15, 2011, not to exceed $15, 000. Board Member Orem made the motion to approve Work Order No. 2011 -5 as presented, second by Board Member Saegesser, passing on a vote of 3 -0. Josh Hillman explained TSPS Expansion Force Main Survey & CSX Assistance Work Order No. 2011 -2 representing an increase of $4,800. Board Member Orem made the motion to approve Work Order No. 2011 -2 as presented, second by Board Member Saegesser, passing on a vote of 3 -0. Josh Hillman presented and explained Lentzier Creek Pump Station, Gravity Interceptor & Force Main Design Project Agreement For Professional Engineering Services Surveying, Design & Construction Supervision between Jeffersonville Sewer Board and Jacobi, Toombs, and Lanz, Inc. This is a $125,000 lump sum agreement. Board Member Saegesser made the motion to approve the agreement as presented, second by Board Member Orem, passing on a vote of 3 -0. Josh Hillman next reviewed a letter of notification from MAC Construction to the City of possible delays due to traffic problems. No delays are anticipated. Mayor Galligan understands the identified issues, saying if there is a claim the City must be notified within 24 hours. Anything having to do with the plant has to come thru HDR. Josh Hillman believes the issue is receiving of shipments due to the Sherman Minton Bridge closing and the restrictions on wide Toads. Mayor Galligan said this issue has affected everybody. September 15, 2011 3 Director Ashack presented Contract Change Order 14o. 1, Annexation Area "C -2 ", Surrey Lane, Basham Construction, contractor, in the amount of 510,000. Mayor Galligan feels it is hard to lay one or one and one quarter inch of asphalt. The specs need to be one and one half inch. Board Member Orem made the motion to approve the change order as presented, second by Board Member Saegesser, passing on a vote of 3 -0. Director Ashack reviewed a letter from Bemardin, Lochmueller & Associates, Inc., dated September 13, 2011 regarding North Wastewater Treatment Plant Comments on Dugan & Meyers Construction and Shook Construction. Mayor Galligan said he talked with a contractor that did not bid on this project and he was not complimentary of Arnold Dugan & Meyer. The low bidder is not always the best. Mayor Galligan said the City is going to spend 18 to 20 million dollars on this project, and he does not want any problems. He does not want to go thru litigation. Mayor Galligan reviewed previous problems. Director Ashack noted how well the design and inspection is done can avoid problems. Board Member Saegesser stressed that some things done wrong during construction cannot be fixed. BLA will arrange a meeting with the apparent low bidder contractors with Board Member Saegesser. Director Ashack noted the favorable article in the Courier Journal regarding the North W WTP finding of no significant impact (FONSI). He has talked with Jerry Acy of River Ridge and his comments have been addressed. Board Member Saegesser noted the good job done by Bemardin Louchmueller. Director Ashack is still working on the odor at the Mill Creek Pump Station. He has quotes for wet well cleaning. Mayor Galligan said the design is killing us. Options were reviewed and discussed. Director Ashack called the board's attention to a scheduled visit from Jack Bajor (US EPA) scheduled for October 19, 2011. Director Ashack reviewed the NPDES Draft Permit Comment Letter, email on IDEM comments on the City letter. Director Ashack explained the history of the Ordinance establishing sewer rates and sewer capacity fees reviewing proposed changes. The suggestion was made to change references from "building" to "property". The need for changes on page 5 was discussed. Board Member Saegesser commented that connection fee is the capacity fee. Attorney Lewis will work on this. Board Member Saegesser noted the need to take serious, service capacity. Attorney Lewis will research this. Watering adjustments (summer adjustments) were discussed next. These will no longer be given. Director Ashack said that due to rain the Rivcrport Pump Station service area smoke testing has been delayed. Financial Officer Harmon presented and explained the financial report. It was explained that due to the manner of the funding of the SRF Funds, there are negative Fund balances. Director Ashack called attention to the sources and uses report, discussing uses of the remaining bond money. Officer Harmon presented the Certificate of Adjustment dated September 14, 2011 through September 14, 2011 in the amount of - 86,921.83. Following discussion, Board Member Orem made the motion to approve the adjustments as presented, second by Board Member Saegesser, passing on a vote of 3-0. Attorney Lewis informed the Board the Court has reversed a lot of the EMC Case in favor of the City. Included is the trial court ruling of the violation of the Open Door • September 15, 2011 4 Law, and the reversal of the $315,000 in attorney fees. The issue of contempt was affirmed. The contempt legal fees were upheld. The City will have to pay $268,000 and some legal fees. He feels this is a victory for the City. A petition of transfer may be filed by EMC. He sees no need for the City to file. This is a positive ruling and some vindication for the Board. Board Member Saegesser feels this is a victory. It was the right thing to do. Board Member Saegesser said this is a feather in Scott's (Attorney Lewis) hat. Attorney Lewis feels money has been saved. Board Member Saegesser said he received a water bill from River Ridge and noticed the logo has been changed to Louisville Water. Board Member Orem made the motion to adjourn at 5:45 P.M., seconded by Board Mygib 1 ge� passing unanimously. a J t AiRalli i i i gesser, M , L Dale Orem, Member EST: Peggy *Icier, Clerk Treasurer