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
- Absent: Frank Kurth
Report of Meeting Notice
The meeting date and time were posted and advertised as required.
Announcement
Jim Haney announced that the Kosciusko County Council has appointed Frank Kurth to the LRSD Board to fill the seat vacated by the resignation of Paula Stinson, but that Frank had a previous obligation for this meeting.
Approval of Previous Minutes
Parke Smith presented the May 16, 2018 regular meeting and public hearing minutes and made a motion to approve. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
Engineering Update – DLZ:
Casey Erwin provided a written update on contract issues.
- New Connection Reviews
- (24) complete to date;
- (1) under review
- Tank Items and Bypass Channels
- Bid summary complete;
- Final Award and contracts pending
- Project Open Items – WWTP (RE Crosby)
- 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. (6-20-18: No updates)
- 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. (6-20-18: Contractor is still reviewing.)
- Project Open Items – Contract C (ART)
- Asphalt patching on McKenna NOT complete, have sent requests to contractor and no response to date. (6-20-18: Completed by Contractor week June 4)
- Concrete patch at 35 EMS NOT complete, have sent requests to contractor and no response to date. (6-20-18: Completed by Contractor week June 4)
- Miscellaneous New Property Owner Items and Complaints:
- Jerry Soultz at 3625 North Barbee called and said his fence and bush damage was not fixed as promised by Contractor, have sent request to contractor and no response to date (6-20-18: Completed by Contractor week June 4)
- Gary Graham at B8 wants his grinder traffic lid raised to avoid water and ponding in his drive. Also, his neighbor has complained because grinder or stone has been raised is pushing water into their carport. This was discussed at final RD closing meeting and contractor provided preconstruction video noting grinder was set within project requirements, also noted that raising lid may push water in car port. I believe Mr. Graham has put more stone around lid without raising lid and is forcing water into neighboring carport. I told Mr. Graham I would meet him sometime in next few weeks. (6-20-18: No updates)
- Lake Estates: DLZ met with property manager on June 8 to discuss a sign that was removed and disturbed and not replaced by the Contractor.
- Lake Estates: 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: Mr. Solomon claims his fence needs to be put back and was proposed some fill dirt. 765-623-7744, 37 EMS B33A LN.
- Miller: Gene Miller of lot 14 of the United Cottage Assoc. (005-110-118). Still not happy about quality of the restoration in her grass yard.
WWTP Bypass Quotes
Melissa Oyer, of DLZ, provided additional information regarding the proposed wastewater treatment plant tank bypass bid review.
- Melissa provided a summary of the review and reported that all bidders have been responsive.
- During the bid review process, additional information was requested by DLZ, and was provided by Cornerstone Stewards, Inc. and Haskins Underground. No bid amounts changed as a result of the additional information.
- Clarification was provided that the financial information for Mason Engineering was provided because Mason is the parent company for Cornerstone Stewards.
- Melissa asked if the board would like to make a decision or table the bid award.
- Parke Smith made a motion to accept the bid of $31,000 and award the contract to Haskins Underground, as the lowest responsive bidder. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
Grinder Pump Electrical Panel Warranty:
- Jim Haney reported that he, Dan Fox (Astbury), and Don Neff (Astbury) have met with Ed Dunn of Crane to discuss the warranty replacement processes. Ed provided the District with a new process for shipping replacements.
- Don Neff (Astbury) is currently implementing the new process and will report to the Board at the next meeting. It was noted that the process should be more efficient, providing both parties adhere to it.
- It was also noted that turnaround time has improved and that some panels that have been damaged by contractors may be exempt from timeline expectations.
Treasurers Report and Other Financial Matters:
Mike DeWald presented the financial reports.
- 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:
6 Yeas 0 Nays 0 Abstain
- Mike DeWald presented the Monthly Claim Approval Form. Jim Haney made a motion to approve the Monthly Claim Approval Form in the amount of $70,677.51. The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- Mike DeWald made a motion to approve the list of bills paid after 5/16/18 in the amount of $88,019.51. The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
Hoover Late Fees
Property owner Hoover (54 EMS B4) is requesting a reimbursement of late fees. The property owner purchased the property in September of 2017 on land contract, with a deed change recorded in February of 2018. The property owner has paid the bill in full, but there are approximately $60 dollars in late fees that were incurred prior to the transfer of property ownership that they are asking the district to waive and refund. The general discussion was that the Board cannot be responsible for the due diligence of property owners who purchase property within the district.
- Jim Haney made a motion to deny the request of reimbursement of fees. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
JPR – Property Owner Connection Status
Ken Jones of JPR reported that as of 6/19:
- 95.9% of permits are in place (1584)
- 91.5% of potential connections are complete (1511)
- 74 properties have a permit but have not yet connected
- 75 properties have no permit and have not connected
- It was noted that there is some discrepancy in number of connections between JPR and the District. Greg Gear and Ken Jones are working to resolve those discrepancies.
Astbury Monthly Report
- The monthly report was submitted in advance. No issues, concerns, or violations were noted in the report.
- It was also reported that the IDEM renewal was completed.
Review of Ordinance 2015-05 Reduction in Billing
At the previous meeting, a question was raised regarding the status of the grinder pump in the scenario where a property owner would choose to tear down an existing home (with a grinder in place) in order to build a new structure at some point in the future. Andy Boxberger provided a proposal to the Board with modified language to consider for the ordinance.
- Jim Haney made a motion to approve the amended and restated ordinance as proposed. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
Request for Rate Reduction – Anderson, Bothwell, Clark, Jessup, Young
- Property owner Anderson (24 EMS B60) 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, pending a new signature was secured on the updated acknowledgment form (2018-01). The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- Property owner Bothwell (187 EMS B1) 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, pending a new signature was secured on the updated acknowledgment form (2018-01). The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- Property owner Clark (8 EMS B51A) 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, pending a new signature was secured on the updated acknowledgment form (2018-01). The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- Property owner Bothwell (187 EMS B1) 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, pending a new signature was secured on the updated acknowledgment form (2018-01). The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:
- Yeas 0 Nays 0 Abstain
- Property owner Jessup (United Cottage Owners Association Lots 8 & 10) made a request for a rate reduction for 2 structures. The Jessup’s have 4 lots with structures – Lots 8, 10, 2 (72) & 12. Lots 8 & 10 were purchased in 2016 with the intent for one to become a storage unit and the other for parking. They are not current on payment, but have claimed to overnight payment to JPR, with UPS receipt and correct dollar amount as evidence of intent to pay. 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, pending a new signature was secured on the updated acknowledgment form (2018-01), and pending documentation of receipt of full outstanding payment. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- A rate reduction was requested for Richard Young’s property (4881 Armstrong Rd.). Mr. Young has passed and Rick Wheeler manages the property presently, but has no legal ownership. It was noted that the property in question has no plumbing. It was determined that the request was being made by a person who did not have ownership of the property, and therefore no authority to make the request, so no action was taken by the Board.
- Property owner Hunter (6023 E. 450 N.) made a request for a Section #7 rate reduction. The request had been previously denied due to lack of proof that the septic had been abandoned. The property owner has now provided proof. Jim Haney made a motion to approve the rate reduction for operation and maintenance costs, but to continue payment for debt service, pending a new signature was secured on the updated acknowledgment form (2018-01). The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
- Property Owner Ford (158 EMS B60) owns a bypassed property and was requesting relief from assessment of penalties until a resolution can be determined for the installation of a grinder and connection to the system. Mr. Ford is not a full time resident and was unable to grant easement during construction due to the fact that his deceased wife was still listed on the property title. Mr. Ford did provide a death certificate and other documentation, but after the bond obligation date had passed. There was some discrepancy as to the timeline of documentation being provided to the district, so the Board asked Mr. Ford to provide any documentation with dates to Greg Gear for comparison. No action was taken at this time.
Other Items
- There were no other items raised.
Public Q & A
- Howard Swinhart (B74, Lot 29) reported that he purchased a property at a tax sale in October of 2017, the dwelling was torn down by the county in November of 2017, but the property has since incurred late fees of approximately $1700. Mr. Swinhart requested to begin receiving bills and make payments in order to avoid further late fees and fines. The Board advised that Mr. Swinhart had no legal ownership of the property so no action can be taken at this time, but that he may request a rate reduction and/or other considerations once ownership is established.
- Sandy Lewis (B74, Lot 34) reported that she has purchased a property and has torn down the structure and plans to rebuild. She asked the Board for guidance on next steps. The Board suggested that Ms. Lewis apply for a rate reduction.
- Judith Dietz lives in a bypassed property and asked the Board for consideration of waiver of late fees and non-connect penalties, due to a property title issue. The title includes the name of her daughter, who no longer lives in the area and has been unavailable to sign easements and other documentation. The Board advised that they cannot consider any potential actions until the property title issue has been resolved.
Adjournment
Motion to adjourn the meeting at 7:51 pm was made by Mike DeWald, seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
6 Yeas 0 Nays 0 Abstain
Parke Smith, Secretary