REGULAR MEETING, BOARD OF SANITARY DISTRICT COMMISSIONERS WEDNESDAY, MAY 22, :00 P.M E. EIGHTH STREET

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1 REGULAR MEETING, BOARD OF SANITARY DISTRICT COMMISSIONERS WEDNESDAY, MAY 22, :00 P.M E. EIGHTH STREET The meeting was called to order at 4:00 p.m. in the Board Room of the Administration Building, 1100 E. Eighth Street, by the President of the Board, Michael W. Gonder. Commissioners present for the meeting were Michael W. Gonder, Phillip E. Jankowski, Garry L. Mitchell, Sr., and Charles G. Peller, Jr. Commissioner Frank R. Harris was absent. Staff Members present for the meeting were: Michael P. Kuss, General Manager Milorad (Mike) Milatovic, Water Reclamation Superintendent Arber Himaj, District Engineer Andrew W. Matanic, IT Manager Doretha M. Sanders, Administrative Director Tina M. Tabisz, Administrative Assistant James J. Micheals, Assistant Superintendent of Collection William J. McNeill, Assistant Superintendent of Operations & Maintenance James B. Meyer, Legal Counsel Also present for the meeting were: Donna Pappas, City Controller Damon Tsouklis, Cender & Company John Doyle, John A. Doyle & Associates Jim Maurer, Haas & Associates Tom Weinmann, Haas & Associates Fred Larmore, Beam Longest & Neff (BLN) Mike Edinger, Woodruff & Sons, Inc. Ryan Miller, D&M Excavating Kiel Williams, Brown Equipment Kevin McGuire, Michigan City Area Schools Brian Baker, Com Control, Inc. John Theodore, ProITCo Richard Pate, Pate & Associates Tim Moran, News-Dispatch Matt Stefanski, News-Dispatch Andre Steele, Access La Porte County (allcommunity.org) Minutes Mr. Gonder asked if there were any corrections or additions to the minutes of the Regular Meeting of April 24, 2013 or the Special Meeting of May 3, Mr. Jankowski made a motion to approve the minutes, as submitted seconded by Mr. Mitchell. There being no question or comment regarding the matter, the motion carried 4 0 in favor.

2 Regular Meeting Page 2 of 8 Financial Report City Controller Donna Pappas provided the monthly financial report and discussion was held regarding same. Public Comment Mr. Gonder called for public comment. There was none. Mr. Kuss advised that he asked IT Director Andrew Matanic to give a presentation concerning fiber optics and the possibility of running same in storm sewers. Mr. Matanic introduced Brian Baker of Com Control, Inc., explaining that the Michigan City Board of Public Works & Safety contracted with Mr. Baker s company to develop a draft Request for Proposals for placing fiber optics to connect all city departmental locations. Mr. Matanic and Mr. Baker have been working on same for the past 18 months. Mr. Matanic and Mr. Baker then gave a PowerPoint presentation and explanation with the following highlights. Current City Infrastructure Current Michigan City Area Schools Infrastructure Lack of Redundancy Michigan City Broadband Infrastructures Broadband User Base South Shore Railroad Fiber Line Dual Aerial Connection Point Possible Solutions o Fiber Optics in lines above 36 o Fiber Optics in lines 10 to 36 Storm Sewer Run to City Hall Storm Sewer Network Storm Sewer Network in Relation to Schools Storm Sewer Network in Relation to City Locations Fiber Works Board Estimated Costs Mr. Matanic explained that the next step would be to begin meetings of the Fiber Works Board, after the necessary appointments are made by the Mayor and others. Considerable discussion was held on the subject. Mr. Matanic explained that this information was being presented at this point for informational purposes only and no action is necessary by the Board. Tom Weinmann, of Haas & Associates, reported on the following projects:

3 Regular Meeting Page 3 of 8 Dunes Plaza Update Mr. Weinmann provided a status update of the Dunes Plaza Project, with sewers and manholes in place as well as the lift station wet well. There is a problem with the existing force main with different options being reviewed. The developer has indicated that they have no further funding available for additional needs. Therefore, they may decide to keep the system private. Discussion was held about the possibility of the need for a control document of some kind if the system remains private, which allows for monitoring. Additionally, discussion was held about stormwater control issues Staff Reports Jim Kintzele Mr. Kuss explained that Mr. Kintzele was unable to attend the meeting. Mr. Kuss then reported the following: Code Sweep of 5/16 and 5/17/2013 o 106 Tons removed at a cost of $3,726 Spring Cleanup o Street Department 391 Tons removed at a cost of $13,751 o Sanitary District $3,000 o Refuse Department $10,000 Costs Related to Remediation Action at Karwick Nature Park o Work performed on 4/29, 4/30, 5/5 and 5/6/2013 o 56 Tons removed at a cost of $7,407 Discussion was held about anticipated costs for the remediation work to date. City Engineer Charles Spike Peller, Jr. Mr. Peller advised that Karwick Road is scheduled to be closed for repair of the NICTD (Northern Indiana Commuter Transportation District South Shore) railroad crossing for approximately three days. Michael Kuss In reference to departmental status reports, Mr. Kuss was joined by Mr. Milatovic, Mr. Micheals and Mr. McNeill.

4 Regular Meeting Page 4 of 8 Mr. Milatovic provided brief reports, and discussion was held, on the following: Safety Record for the WWTP and Refuse Departments Employee Uniform Program evaluation is still in process. Discussion was held on the matter. Monthly report of operations No exceedances of limitations and no releases from CSO (Combined Sewer Overflow) Outfall #002. Results from the Whole Effluent Toxicity (WET) testing have been received and we have no toxicity. The MS4 Annual Conference is scheduled to be held in Indianapolis on 5/30/2013. Mr. Michaels provided brief reports, and discussion was held, on the following: There were no basement backups or overflows in the last month. Mr. McNeill provided brief reports, and discussion was held, on the following: The Maintenance crew completed 70 work orders, which included vehicles, plant maintenance, lift station maintenance, preventive maintenance, as well as work requests. Work on the Filter Building continues with one more cell to repair and complete. A new rain gauge was installed at the sludge lagoon and the data monitored with Mission Communication. The gear reducer for Clarifier #5 was changed, as part of the in-house repairs now being done. Beach Monitoring Technicians have been hired to begin beach sampling on 5/26/2013, in cooperation with the Park Department s Beach Grant. This monitoring will be performed through Labor Day. Mr. Milatovic noted that there are a number of activities next month in conjunction with Lake Michigan Coastal Awareness Month. He noted some of the activities, as follows: Krueger Middle School Water Festival June 1st

5 Regular Meeting Page 5 of 8 Environmental and conservation-themed Banana Slugs String Band at Millennium Plaza June 7 th Storm Drain Artwork Contest at Lubeznik Center June 7 th W.G. Jackson Research Vessel June 8 th & 9 th Mr. Kuss reported that land application began on April 30 th and almost everything produced since last fall has been removed. This partnership with the farmers seems to be working very well. Mr. Kuss then reported that the District issued a Request for Proposals for a CNG Filling Station. Attorney Meyer opened and read the sealed proposals, as follows: HE System Technologies, Inc. $ 88,250 Willowbrook, IL Cobey Energy $161,745 Buffalo, NY Most Energy $161,000 Middleton, WI Attorney Meyer recommended referral of the proposals to District staff and legal counsel for review and recommendation. Mr. Gonder entertained a motion on the matter. Mr. Jankowski made a motion to refer the proposals to staff and legal counsel for review and recommendation seconded by Mr. Peller. There being no question or comment on the matter, the motion carried 4 0 in favor. Attorney Meyer reminded everyone that the Board passed a previous resolution on December 19, 2012, in reference to obtaining an SRF (State Revolving Fund) loan, through the Indiana Finance Authority, from the State of Indiana for various District construction projects, as well as the Prison Bar Screen Project. At that time, it was anticipated that there would be BANs (Bond Anticipation Notes) in anticipation of final loans being authorized. In connection with the paperwork and procedures that must be followed, some of the Prison Project funds will be coming from a supplemental fund. As part of this process, a preclosing meeting is scheduled for June 4 th.

6 Regular Meeting Page 6 of 8 Attorney Meyer then distributed a proposed resolution, as follows: A SUPPLEMENTAL RESOUTION OF THE BOARD OF COMMISSIONERS OF THE SANITARY DISTRICT OF THE CITY OF MICHIGAN CITY, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS OF THE SANITARY DISTRICT TO PROVIDE FUNDS TO BE APPLIED TO THE COSTS OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE SANITARY DISTRICT S SEWAGE WORKS, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF THE BONDS, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF REVENUES AND OTHER RELATED MATTERS. Attorney Meyer explained that this resolution adds another source of funding, the supplemental fund, to the previous two methods discussed in the previously approved resolution, as well as a financial agreement. The entire project will be funded through an SRF Loan, which will include funding from the supplemental fund, the normal fund, and the carry-over fund from the previous year. The District s projects will be calculated with a two percent interest rate, and that amount will be added into the principal, but with a final interest amount shown of zero. Attorney Meyer requested approval of the resolution. Mr. Gonder entertained a motion on the matter. Mr. Jankowski made a motion to approve the resolution, as submitted seconded by Mr. Peller. There being no questions or comments on the matter, the motion carried 4 0 in favor. Mr. Kuss provided brief reports, and discussion was held, on the following matters: The District will be hosting the Indiana MS4 Inspectors Group Meeting on June 7 th, with a site inspection of NIPSCO s $249 Million air scrubber that is being constructed Small Purchasing Policy Nothing to submit at this time Reciprocating Internal Combustion Engines (RICE) paperwork has been submitted for the City to participate in voluntary program. James Meyer, Legal Counsel In reference to the SRF Loan closing, Attorney Meyer explained that various invoices are paid immediately at the time of closing. The District will be reimbursed for

7 Regular Meeting Page 7 of 8 expenditures already made to engineering firms, as well as current bills by engineering firms that have not yet been paid. The same will be true for the financial consultant, Cender & Company and the bond counsel, Faegre Baker Daniels. Attorney Meyer submitted a list of invoices for payment from SRF Funding for the Board s review and requested approval of same. He noted that any invoices submitted after this point will have to be submitted through a separate process for payment once the loan is closed. Mr. Gonder entertained a motion on the matter. Mr. Peller made a motion to approve the invoices, as submitted seconded by Mr. Mitchell. There being no questions or comments on the matter, the motion carried 4 0 in favor. Attorney Meyer noted that the Annual Stormwater Control Conference (StormCon) is scheduled to be held 8/18 through 8/22/2013, in Myrtle Beach, South Carolina. He strongly recommended that the Commissioners attend one of these conferences, if not this year, then in the future. This conference offers information about stormwater rules and regulations. Attorney Meyer then advised that documents have been prepared for releases of paid liens, recording of new liens, and certification of liens that need to be signed by the Board after the meeting. There being no further reports, Mr. Gonder entertained a motion to approve Revenue and Tax Levy Claims for payment. Mr. Peller made such a motion seconded by Mr. Jankowski. There being no question or comment on the matter, the motion carried 4 0 in favor. Old Business Mr. Kuss advised that two appraisals have been received regarding the property across the street from the District. Both of the appraisals indicate a value of $155,000. Copies of same were distributed to the Board. Attorney Meyer recommended that the staff should put together fact sheets about the property and why it would be good for the District to purchase the facility. Mr. Mitchell asked about the ownership of the empty parcel of land at the southeast corner of Eighth and E Streets. This property is owned by the City of Michigan City.

8 Regular Meeting Page 8 of 8 Mr. Mitchell asked about the possibility of building a large pole barn on that property instead of purchasing the building across the street. Discussion was held about the matter, including the fact that the District could not offer anything higher than the appraised value. New Business Mr. Gonder commented that this was Mr. Jankowski s last meeting as a Commissioner and took the opportunity to thank him for his assistance as a mentor and a friend. He added that Mr. Jankowski will be dearly missed. Mr. Jankowski thanked Mr. Gonder adding that he will miss everyone as well. Mr. Mitchell and Mr. Peller agreed with Mr. Gonder s comments and wished Mr. Jankowski well. Attorney Meyer noted that there has been a vast improvement in the financial status of the District from January 2012 to the present, adding that a substantial part of the reason is due to Mr. Jankowski s efforts, not only on the Board but as a City Council member. Mr. Kuss took the opportunity to thank Mr. Jankowski for all of his assistance and efforts in doing the right thing for the District. There being no further business to come before the Board, Mr. Gonder adjourned the meeting at 5:55 p.m. The next regular monthly meeting of the June 26 th at 4:00 p.m. at 1100 E. Eighth Street / Frank R. Harris / Frank R. Harris, Secretary