CITY OF WHITING – DECEMBER 19, 2007 MINUTES OF A REGULAR MEETING OF THE SANITARY COMMISSIONERS OF THE SANITARY DISTRICT OF THE CITY OF WHITING, INDIANA The Board of Sanitary Commissioners of the Sanitary District of the City of Whiting met in regular session on Wednesday, December 19, 2007. The meeting was called to order at 6:00 p.m. by President Mazur. I. ROLL CALL Those in attendance were: President Mazur, Vice President Strabavy, Secretary Hrinyo, General Manager Stahura, Clerk-Treasurer Drewniak, Clerk-Treasurer Elect Adam, Recycling Director Harbin, Basin Superintendent Drewniak, and Typist Mills-Groninger. Also in attendance were Acting Street Commissioner Spebar and Dennis Moore, City Liaison to the Sanitary District. Board Attorney Sejna arrived during the General Manager’s Report. II. MINUTES Mr. Mazur asked if there were any additions or corrections to the minutes of the regular rescheduled Sanitary Board meeting of November 28, 2007. Mr. Mazur made the following corrections to said minutes: Page 2, Correspondence, Item 4: change the word ‘water’ to ‘sewer’, to read ‘…regarding proposed settlement for the School City of Whiting sewer issue.’ Mr. Strabavy moved to approve said minutes, as amended. Mr. Hrinyo seconded the motion. Motion carried unanimously. III. CORRESPONDENCE Mr. Mazur reported the following correspondence: 1. Email forwarded from Mr. Kark to Mr. Hrinyo regarding the Sanitary District sampling stations. 2. Letter dated December 17, 2007, from Charles F. Farrell of Lawson-Fisher Associates to Mr. Mazur, indicating that the Hammond Sanitary District sanitary sewer system charges for the month of November 2007 appear to be correct. Mr. Mazur read the Whiting Sanitary District Retention Basin Report for the month of November 2007, indicating that the highest day pumped was the 21st. Mr. Mazur noted that the total gallons pumped were the second lowest monthly total for 2007. Mr. Mazur read the Microbac report dated November 9, 2007, and both the City and BP were in compliance. No oil & grease was found in either sample; the CBOD and TSS readings were both low. Sanitary Minutes 12/19/07 -1- Mr. Mazur read the Microbac report dated November 27, 2007, and both the City and BP were in compliance. No oil & grease was found in either sample; the TSS and CBOD readings were very low. Mr. Hrinyo moved to include all communications verbatim. Mr. Strabavy seconded the motion. Motion carried unanimously. IV. PRESIDENT’S REPORT Mr. Mazur stated that he read an article in today’s paper indicating that the Hammond Sanitary District is being sued over flooding during July’s rainstorms. Mr. Mazur asked if there has been any response from the Hammond Sanitary District indicating that Whiting was not to blame for the flooding, as was reported in the newspapers at the time. General Manager Stahura stated that, after correspondence from Whiting offering their assistance and outlining the results of an inspection of both cities’ meters, Hammond neither confirmed nor denied that their metering system might be part of the problem. A discussion ensued concerning this issue. V. GENERAL MANAGER’S REPORT General Manager Stahura asked Mr. Hrinyo to discuss the sampling point situation. Mr. Hrinyo stated that he received an email forwarded from former Engineering Administrator John Toleikis, which showed two sampling points at Whiting Clean Energy. Robinson Engineering has canceled recent meetings where the question of access to the sample points at BP could have been addressed. A brief discussion ensued. General Manager Stahura stated that it looks like BP is pursuing the purchase of Whiting Clean Energy. While Whiting Clean Energy has been persistent in requesting a special rate for their clean water discharge, BP will not ask for a discount if they acquire the facility. Discussion ensued concerning the particulars of the potential acquisition of Whiting Clean Energy by BP, and its potential impact on Whiting’s TIF district. General Manager Stahura reported that the new dual key system for fueling at the City Garage is now operational. General Manager Stahura authorized an additional $690 fee for remote web access to control the system; all system functions, including key changes and lockouts, can be controlled from City Hall. Mr. Strabavy moved to ratify the action of General Manager Stahura in authorizing the expenditure for remote web access control of the new dual key fueling system at the City Garage. Mr. Hrinyo seconded the motion. Motion carried unanimously. General Manager Stahura informed the Board that, during the construction phase of the New York Avenue Reconstruction Project, water service had to be switched from temporary to new permanent water lines. The engineering firm asked those residents to flush their water lines for 10 hours to clear all contaminants. This caused their water bills to run about $10-12 higher than normal. The Whiting Water Board took action to Sanitary Minutes 12/19/07 -2- authorize a credit to those households affected, based on their normal use. Since General Manager Stahura was granted authority by the Sanitary Board, he authorized a minor sewer credit for those bills as well. General Manager Stahura reported that the Teamsters Union contract has been negotiated for the last several months. They are close to an agreement, but the document will not be ready before the last week of this month. Changes include the following: Language changes for clarification. Minor changes to time off, eliminating unproductive half days for holidays, like Christmas Eve, in favor of the whole day off. 3% pay raise for employees except for CDL-licensed employees, who receive 5%. Increased the perfect attendance stipend to $100 per quarter; if an employee works a whole year without using sick days, he will receive $250 in addition to that stipend. Good attendance increased productivity dramatically. Employees can accumulate more sick days. This will help employees achieve perfect attendance, since they will not be forced to use up sick days or lose them. Employees can sell back one week of vacation per year if they accumulate 5 sick days, and two weeks of vacation if they accumulate 10 sick days. The Union asked the City to consider making a weekly payment of $12 per active employee, to be put into a fund to pay for medical insurance when the employee retires. In return, the Union would give up two of their members’ floating days. This would be a productivity benefit, and help attract quality employees. This benefit will ideally start on July 1, 2008, to allow time to accrue or transfer funds. Details are still in negotiation. Clerk-Treasurer Drewniak noted that, for medical insurance, each employee has to pay something annually, even if it is just $1. She will investigate further. General Manager Stahura stated that he will try to have the final draft of this contract ready by the special meeting at the end of this year. He added that the City is considering doing random drug testing for the entire workforce in 2008. In the past, the Teamsters Union has fought drug testing for their employees only, but indicated they would not oppose such testing that would include all City employees. Discussion of various benefits ensued. Mr. Mazur stated that the Board will need to have a special meeting to approve claims and the Teamster contract. After discussion, Mr. Strabavy moved to hold a special meeting of the Sanitary Board on Wednesday, December 26, 2007, at 6:00 p.m. Mr. Hrinyo seconded the motion. Motion carried unanimously. General Manager Stahura gave a brief overview of the Governor’s Blue Ribbon Panel report recommendations: An elected City official will not be allowed to be a City employee. Sanitary Minutes 12/19/07 -3- A County-wide Board would be created to oversee all public safety activities in all municipalities in the County. That Board would include all Mayors from all those municipalities. Coordination of systems would be the first step. Smaller libraries and schools systems would be consolidated. Counties and townships would undergo massive restructuring. One County executive would be elected, and would have the authority to appoint all County positions, with the exception of the Prosecutor. Townships would be abolished. All budgets and debt service for all appointed Boards will be approved by the highest ranking legislative body in the taxing district. General Manager Stahura noted that the Governor’s tax plan will create a $750 million shortfall throughout the State; the Governor stated that Indiana communities will have to tighten their belts. Mr. Stahura informed the Board that the State Legislature will probably address the property tax situation this session, and will address the Blue Ribbon Panel recommendations next year. Mr. Mazur asked if there would be a business class distinction for property tax relief programs, so that small businesses would be have a different benefit than multinational corporations like BP and Mittal Steel. General Manager Stahura stated that, since BP and local steel companies already got a significant tax break, he is supporting legislation that would make them exempt from receiving the 3% cap in addition to the tax breaks they already received. They would be allowed one or the other credit, not both. The impact of the 3% cap for industry would result in loss of $3.2 million in tax revenue for Whiting. Every Indiana Mayor is charged with listing specific losses in personnel and services that would occur in their municipality for presentation to the Legislators, so they can better judge the true impact of this legislation. Discussion of potential TIF district changes and the negative impact on Whiting took place. Board Attorney Sejna noted that any changes to the State Constitution would require going through a two-year process, so any such change is not imminent. Discussion of the coming tax bills took place, including discussion of the proposed 1% County income tax. General Manager Stahura reported that City construction projects are wrapping up, and that Front Street should be reopened to traffic shortly. The New York Avenue Reconstruction Project is done except for the light poles, and the Ohio Street and 118th Street Water Main Project is completed. He noted that drainage on Standard Avenue is much improved. VI. BOARD ATTORNEY’S REPORT Mr. Mazur asked Board Attorney Sejna if Hammond Sanitary District will be shielded from lawsuits for the July floods, as their attorney Mr. Allegretti claimed. She stated that they probably do have immunity, and added that tort claims must be filed within 180 days of the event. Sanitary Minutes 12/19/07 -4- Board Attorney Sejna stated that Resolution No. W-2007-591 amends the Salary Resolution already passed for next year, changing employee raises to 3% for everyone but the CDL drivers, who will receive a 5% raise. VII. CLERK-TREASURER’S REPORT Clerk-Treasurer Drewniak read Resolution No. W-2007-591 by title only. A RESOLUTION TO AMEND RESOLUTION NO. W-2007-588 TO ADJUST 2008 SALARIES IN ACCORDANCE WITH THE TERMS OF THE ARTICLES OF AGREEMENT WITH TEAMSTERS LOCAL NO. 142 Mr. Strabavy moved to adopt Resolution No. W-2007-591. Mr. Hrinyo seconded the motion. Motion carried unanimously. Clerk-Treasurer Drewniak stated that, if there are no tax draws, there will be a deficit cash balance in the Sanitary District General Fund. Resolution No. W-2007-592 authorizes temporary loans from the BP Settlement Fund and the Basin/Sewer Users Fund to the General Fund totaling $398,300.00. Clerk-Treasurer Drewniak has sent a letter requesting a tax advance; she will use this loan only if needed. She noted that the Sanitary District General Fund currently has a cash balance of $18,000.00, which would not be enough to meet the next payroll. Clerk-Treasurer Drewniak read Resolution No. W-2007-592 by title only. A RESOLUTION AUTHORIZING A TEMPORARY LOAN OF ONE HUNDRED NINETY EIGHT THOUSAND AND THREE HUNDRED DOLLARS ($198,300.00) FROM THE BP SETTLEMENT (SANITARY DISTRICT) FUND AND TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FROM THE BASIN/SEWER USERS TO THE SANITARY DISTRICT GENERAL FUND OF THE CITY OF WHITING, INDIANA After brief discussion, Mr. Hrinyo moved to adopt Resolution No. W-2007-592. Mr. Strabavy seconded the motion. Motion carried unanimously. Clerk-Treasurer Drewniak stated that the Sanitary District Bond Fund has four outstanding temporary loans which she has not been able to repay. Resolution No. W2007-593 authorizes the extension of the repayment of all four loans through December 2008. Mrs. Drewniak noted that part of the reason the Sanitary District General Fund balance is low is because of these loans to the Debt Service. Clerk-Treasurer Drewniak read Resolution No. W-2007-293 by title only. A RESOLUTION AUTHORIZING THE EXTENSION OF THE REPAYMENT OF THE TEMPORARY LOANS IN RESOLUTION NO. W-543, RESOLUTION NO. W-545, RESOLUTION NO. W-2007-584 AND Sanitary Minutes 12/19/07 -5- RESOLUTION NO. W-2007-586 FROM THE SANITARY DISTRICT GENERAL TO THE SANITARY DISTRICT BOND FUND AND DECLARING AN EXTRAORDINARY EMERGENCY Mr. Strabavy moved to adopt Resolution No. W-2007-593; seconded by Mr. Hrinyo. Motion carried unanimously. Clerk-Treasurer Drewniak stated that Resolution No. W-2007-594 authorizes a temporary loan from the BP Settlement Fund to the Sanitary District Bond Fund to meet a payment due on January 10, 2008. This loan will be taken in 2008 only if needed. Clerk-Treasurer Drewniak read Resolution No. W-2007-594 by title only. A RESOLUTION AUTHORIZING A TEMPORARY LOAN IN 2008 OF FOUR HUNDRED NINETY SEVEN THOUSAND DOLLARS ($497,000.00) FROM THE BP SETTLEMENT FUND (SANITARY DISTRICT) TO THE SANITARY DISTRICT BOND FUND OF THE CITY OF WHITING, INDIANA Mr. Hrinyo moved to adopt Resolution No. W-2007-594; seconded by Mr. Strabavy. Motion carried unanimously. Clerk-Treasurer Drewniak stated that Resolution No. W-2007-595 transfers $4,000.00 in the Sanitary District General Fund within its Street Cleaning Department from Equipment 472 to Salary 111 to meet payroll expenses. Summer help salaries depleted the Salary fund earlier in the year. This transfer from one line item to another does not increase the Budget in any way. Clerk-Treasurer Drewniak read Resolution No. W-2007-595 by title only. A RESOLUTION TRANSFERRING FUNDS WITHIN THE STREET CLEANING DEPARTMENT OF THE SANITARY DISTRICT OF THE CITY OF WHITING, INDIANA Mr. Strabavy moved to adopt Resolution No. W-2007-595; seconded by Mr. Hrinyo. Motion carried unanimously. VIII. CITY LIAISON’S REPORT Acting Street Commissioner Spebar requested two copies of the Salary Resolution listing the new pay rates. IX. RECYCLING DIRECTOR’S REPORT Recycling Director Harbin reported that Hasse Construction should be finishing their work at the Basin this week. X. BASIN SUPERINTENDENT’S REPORT Sanitary Minutes 12/19/07 -6- Basin Superintendent Drewniak stated that he has enjoyed his work for the City tremendously, but he is ready to retire now. Basin Superintendent Drewniak reported that the new stairs have been installed at the Basin, with only minor work left to complete the job. XI. ACCOUNTS PAYABLE VOUCHERS Basin Mr. Hrinyo moved to approve Basin Accounts Payable Vouchers #5287 - #5301 inclusive for payment; Mr. Strabavy seconded the motion. Motion carried unanimously. Sanitary Mr. Strabavy moved to approve Sanitary Accounts Payable Vouchers #815 - #845 inclusive for payment; Mr. Hrinyo seconded the motion. Motion carried unanimously. XII. ADJOURNMENT Mr. Mazur wished all present a Merry Christmas. There being no further business, Mr. Hrinyo moved to adjourn the meeting; seconded by Mr. Strabavy. Motion carried unanimously. The meeting was adjourned at 7:12 p.m. Respectfully submitted, Sue Mills-Groninger, Board Typist Sanitary Minutes 12/19/07 -7-