Meeting Call to Order
The meeting was called to order at 6:00 PM by Jim Haney.
- Present: Jim Haney, Greg Mitchell, Mike DeWald, Bob Marcuccilli, Parke Smith, and Sue Ann Mitchell, Frank Kurth
Report of Meeting Notice
The meeting date and time were posted and advertised as required.
Approval of Previous Minutes
Parke Smith presented the July 18, 2018 regular meeting minutes and made a motion to approve. The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Treasurers Report and Other Financial Matters:
Mike DeWald presented the financial reports. Mike reported that he had met with Steve Carter and previous meeting minutes for 2018 would be required as part of the new audit process. Mike also noted that there was no change in EDU count from last month.
Mike reviewed the Unaudited Schedule of Cash Receipts and Disbursements and the Monthly Analysis of Cash Investment Accounts.
- Liens are an unexpected source of revenue
- Legal fees are higher than planned, due to ongoing litigation.
- USDA has received their payment of approximately $400,000.00
- Jim Haney made a motion to approve the Unaudited Schedule of Cash Receipts and Disbursements, the Monthly Analysis of Funds and Balances, and Monthly Analysis of Cash Investment Accounts. The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Mike DeWald presented the Monthly Claim Approval Form.
- Questions were raised on Claims 2018-1 and 2018-2.
- 2018-1
- Improper installation by general contractor caused issue at 45 EMS B16.
- Local contractor repaired and submitted claim.
- Board recommended to pay the local contractor for service, but will explore as warranty claim.
- 2018-2
- Property owner at 61 EMS B42B claimed damage from a flooded basement. The flooding occurred as a result of the grinder pump breaker being turned off after inspection some time after the initial inspection was complete.
- Inspector claims that the breaker was turned on as part of the inspection.
- This was a type two grinder with two breakers and both were turned off. Astbury assumes the breakers were turned off intentionally, possible as an act of vandalism, and recommended that the district attempt to provide some type of additional security to the disconnects.
- Generex Air Conditioner Repair
- Repair was required and completed by Generex. Generex is a subcontractor for RE Crosby.
- The question was raised as to why the bill was sent to LRSD, rather than Crosby.
- 2018-1
- Jim Haney made a motion to approve the Monthly Claim Approval Form and the list of bills paid after 7/18/18 in the amount of $59,939.34 but to exclude claim 2018-2 in the amount of $1,436.55 and exclude $749.60 pending further investigation. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Engineering Update/Engineering Services Agreement – DLZ:
Casey Erwin was not present but provided a written report prior to the meeting.
1-New Connection Reviews
- (25) complete to date;
- (1) pending, submitted to DLZ for review
2-Tank Items and Bypass Channels
- Notice of Award (attached is standard copy for review and consideration)
- Owner-Contractor Agreement, pending approval by district and attorney, needs to be sent to contractor
3-Project Open Items – WWTP (RE Crosby) (No updates)
- Access drive seeding and restoration complete on the east side. Contractor indicated the west side cannot be fine graded and seeded because it is too wet because of the constant overflow of water from neighboring pond.
- Per April meeting, contractor has been notified District’s position of final acceptance of cell phone technology should include a lump sum payment that includes all expected costs including monthly costs and updates for seven (7) years.
4-Misc New Property Owner Items and Complaints:
- Lake Estates (Contract C-ART): DLZ met with property manager on June 8 to discuss a sign that was removed and disturbed and not replaced by the Contractor. (sent to Contractor)
- Lake Estates (Contract C-ART): : DLZ met with property manager on June 8 to discuss an asphalt pavement patch on the private drive that has seams that were separating.
- Solomon (Contract C-ART): : Mr. Solomon claims his fence needs to be put back and was proposed some fill dirt. 765-623-7744, 37 EMS B33A LN. (sent to Contractor)
It was noted that warranty items do not seem to be moving forward and Jim Haney will be requesting DLZ presence at future meetings.
Engineering Services Agreement
- The current $10,00 maximum has been reached.
- It is estimated that an additional $5,000 will be required through the remainder of the year.
- Jim Haney made a motion to extend the current agreement through the end of the year, not to exceed $15,000. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Astbury Monthly Report
- The monthly report was submitted in advance. No issues, concerns, or violations were noted in the report.
- Jim Haney and Greg Gear will be meeting with Astbury to review some of the expenditures and seek clarity on questions.
Property Claims 2018-01 and 2018-02 (45 B16 and 61 EMS B42E)
See Treasurers Report and Other Financial Matters
Request for Rate Reduction – Aspy, Freimuth, Kryder, Lewis, Wheeler
- Property owner Aspy (26B1A) made a request for a rate elimination under Section 8 and waiver of failure to connect penalties. Greg Gear reported that all criteria were met for a Section #8 elimination and that the structure was removed prior to the bond obligation date. Jim Haney made a motion to approve the rate elimination and waiver for failure to connect penalties, as the structure was eliminated prior to bond obligation. In addition, the board authorized a credit for the account balance of $379.95. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
- Property owner Cripe (3765 N. Barbee Rd.) made a request for a rate reduction. Greg Gear reported that all criteria were met for a Section #7 reduction. Jim Haney made a motion to approve the rate reduction for operation and maintenance costs, but to continue payment for debt service. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
- It was also noted that Property owner Cripe requested a waiver for failure to connect penalties. Jim Haney made a motion to reduce the failure to connect penalties from $310 to $180, based on a completed inspection date of 7/19. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
JPR – Property Owner Connection Status
JPR reported that 54 properties not yet connected (25 of those properties have permits)
Failure to Connect Penalties – Properties with more than one EDU
There was a discussion among the board to clarify the intent of the failure to connect penalty. The question raised was whether the intent was to assess penalties based on individual accounts or on EDU’s. There are 5 accounts with more than 1 EDU that would be affected by this issue. Those accounts have EDU counts ranging from 3-125.
- Parke Smith made a motion to define the penalty to be assessed as an assessment per user account. The motion was seconded by Jim Haney, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
Other Items
- Property Owners representing Lake Tippecanoe and Chapman Lake have approached the County Commissioners in an effort to create a regional sewer district to service their lake regions. Representatives of this group have approached the Lakeland Regional Sewer District to explore the option of using the existing LRSD plant to treat sewage for this potentially new district. Jim Haney made a motion to accept information from this group regarding the possibility of the use of the LRSD plant as a treatment option without commitments to the group. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
- It was noted that some of the power breakers have been intentionally shut off to grinder pumps in a couple of locations. Bob Marcuccilli presented several security options for board consideration. Mike DeWald made a motion to authorize the district to purchase zip tie type security fasteners for installation on grinder pump power boxes. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
- Property owner Kouba has been receiving and paying monthly invoices since the start of the project and most recently started being invoiced for the failure to connect penalties. This was determined to be a clerical error. Jim Haney made a motion refund all amounts paid and issue credit for any outstanding amounts related to this issue. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas O Nays O Abstain
Public Q & A
- Property Owner Gene Miller (United Cottage Owners Association – Irish Lake) is requesting the district fill holes and sink holes that the property owner claims resulted from sewer system installation. Casey Erwin has reviewed the issue and assessed that the damage is within the parameters allowed and that an attempt to repair further would cause additional damage. The board directed Greg Gear to do an onsite visit and take pictures.
- Property Owner Theresa Guetlaff (United Cottage Owners Association – Irish Lake) reported a similar issue in the same general area. The board directed Greg Gear to do an onsite visit and take pictures.
- Property Owner Theresa Guetlaff (United Cottage Owners Association – Irish Lake) also reported that her exterior drain is clogged and causes rainwater to back up into her garage and cause damage to the structure. The board agree to gather documentation and evaluate.
- Property Owner Jamie Close (Big Barbee – 400 N) claimed she has been trying to get connected but has not been able to secure contractors. This is a bypassed property with no grinder. She requested an extension and waiver of penalties until she can secure funding and find a contractor to do the installation. The board recommended that she complete the connection process, then formally request that the board revisit any late and/or failure to connect penalties.
- Property Owner Gary Town is currently delinquent in payments and has multiple liens on his property. He has a potential buyer for the property and the buyer is requesting reduction in fees and penalties (in excess of $4,000) before he purchases the property. The board denied the request.
- Property Owner Ford informed the board that he is listing his property for sale and asked what next steps would be to reduce or eliminate continuing penalties. The board recommended that he consider applying for a rate reduction through the formal process.
Adjournment
Motion to adjourn the meeting at 7:37 pm was made by Jim Haney, seconded by Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Parke Smith, Secretary