WARSAW — The Warsaw Board of Works held an executive session before the regular board meeting today, Sept. 1. The board updated the public on litigation that was discussed during the executive session.

Due to what City Attorney Mike Valentine referred to as a trial strategy, the city paid no expense for repairs recently completed to the exterior of City Hall. It was discovered that exterior trim of the building was failing. McComb & Sons, Fort Wayne, were hired to do the original trim work. 

After looking through the contract, the city brought suit against McComb & Sons for breach of contract. According to Valentine, McComb & Sons didn’t want any part of the litigation, so they brought a third party suit on against J. P. Phillips, Chicago. J.P Phillips was the contractors who actually completed the work on the building. 

Mediations were held and the suit went nowhere. “I told [J. P. Phillips] we needed to get the work done,” said Valentine. “It needed to be done this summer.”

J. P. Phillips agreed to complete the work in exchange for no charge. The city has dropped its suit and now a suit exists only between J. P. Phillips and McComb & Sons. 

City Engineer James Emans stated he is 100 percent satisfied with the recent work that was completed.

Valentine asked the board to approve the settlement agreement. The board approved without objection.

It was also noted that the overhangs on the exterior of the building are still faulty. The city has concluded that it was an engineering issue separate from the work by J.P. Phillips. This will need to be handled separately.

In other news:

• The Wastewater Collections department requested for multiple homes on Winona Avenue to have missed billings waived. The missed billings were a result of switching over to the new system and the city accepted fault in missing the properties. All past due bills were waived and the residents will receive bills from this day forward.
• Three agreements with Umbaugh & Associates were approved by the board. The agreements included a contract for the recent budget workshop, a comprehensive financial plan and policy development and ratings preperation.
• A Memorandum of Understanding was approved between the Stormwater Department and the Lilly Center for Lakes and Streams. The agreement provides the center with support for K12 stormwater and water quality education and outreach.
• An agreement was approved for NIPSCO to provide gas service for the new lift station at 420 North Lake Street.
• The board approved an agreement with USI Consultants for Engineering Services for Colfax and Clark streets.
• Pay application 22 was approved for the Buffalo Street Redevelopment Project.