November 21, 2018 Minutes

November 21, 2018 Minutes

Meeting Call to Order

The meeting was called to order at 6:00 PM by Jim Haney.

  • Present: Jim Haney, Mike DeWald, Bob Marcuccilli, Parke Smith, Sue Ann Mitchell, and Frank Kurth
  • Absent: Greg Mitchell

Report of Meeting Notice

The meeting date and time were posted and advertised as required.

Approval of Previous Minutes

Parke Smith presented the October 18, 2018 regular meeting minutes. Parke Smith made a motion to approve. The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Treasurers Report and Other Financial Matters:

Mike DeWald presented the financial reports.

Mike reviewed the Unaudited Schedule of Cash Receipts and Disbursements and the Monthly Analysis of Cash Investment Accounts and noted the following:

  • All analysis appeared normal and appropriate.
  • Concern was raised regarding the JPR posting practices for ACH payments. ACH payments have been posted after the first of the following month (although no late fees are assessed). The board directed JPR to modify the process to post ACH payments prior to the end of the month, as that is the date they are due. This process change will be effective starting January of 2019 and JPR will send notice of the process change to affected property owners as well as posting the change on upcoming bills.
  • For accounting purposes, it was suggested that the existing balance of $68,299.30 in the Bypassed Property Fund be transferred to the Maintenance Fund to accurately reflect how those funds were collected and dispersed. Mike DeWald made a motion to transfer $68,299.30 in the Bypassed Property Fund to the Maintenance Fund to accurately reflect how those funds were collected and dispersed. The motion was seconded by Jim Haney, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

  • 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 Parke Smith, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

  • Mike also noted that the auditors were scheduled to begin their process on December 4. This process will now be conducted by Crowe, rather than the State Board of Accounts.

Mike DeWald presented the Monthly Claim Approval Form.

  • Jim Haney made a motion to approve the Monthly Claim Approval Form and the list of bills paid after 10/17/18 in the amount of $80,106.57. The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

  • Jim Haney Made a motion to amend a previous payment to Century Link (from August 31, 2018) to increase the amount paid from $302.60 to the corrected amount of $585.09. 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 and ART Restoration Issues

Casey Erwin of DLZ was present and provided updates on the report previously submitted prior to the meeting.

1-New Connection Reviews

  • (29) New Connections complete to date
  • Current

2-Tank Items and Bypass Channels

  • Status
  • Preconstruction Meeting Complete, Agreement signed in October
  • DLZ waiting for shop drawings and a start date from Contractor, expect to start in November.

3-Showalter Addition (current, no action items)

4-WWTP (RE Crosby, sub-contractor GAI/SCADATA)

4b-Pump Station Telemetering:  Per April meeting, contractor has been notified of 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.

Action Item and update from DLZ:

Per the District meeting earlier this summer, DLZ was instructed to work with Carson to develop a letter to Contractor (ART) and their vendors concerning this item.  To assist in preparing the letter, we were instructed to get clarification on 1) What is the annual fee of $350.00, and 2) Has there been any reoccurring problems or expenses associated with the cell phone technology to date?  DLZ Question to Contractor/Vendor and Contractor Responses to DLZ on October 18, 2018:

  • Sub-contractor has sent clarification to DLZ, information has been forwarded to District and Attorney for review. Clarification responses:
    • 1-Is the $350.00 annual upgrade fee for SCADA software at the plant?
    • Contractor Response: Yes.
    • 2-Is the $350.00 yearly fee linked to Cell phone technology, or would be available or required regardless of cell phone or radio communications?
    • Contractor Response: Is required regardless of cell phone or radio communications
    • 3-Is the $350.00 fee required? Or optional?
    • Contractor Response: Required
    • 4-Do you have any updates on how the system has been working to date?
    • Contractor Response: To date, we have not had any negative reports or calls regarding the reliability of the system. We work with Dan from Astbury on several other projects and have a good working relationship with his group. I am sure that he would let us know if there were issues.
  • Current Status:
    • Per the Equipment Vendor (SCADATA who installed/programmed the software, who is sub to Gasvoda who is sub to RE Crosby), they have not had any negative reports regarding the currently installed software or hardware (panels, wires, batteries, computers, etc.).  Also, their statement says the $350.00 annual fee is for software upgrades and is NOT linked to the system using Cell Phone Technology instead of Radio.   Assuming both of the items true, the only remaining item is the District’s request for one (1) lump sum fee instead of the fees paid by the Contractor.
    • Do we 1) continue to pursue the Lump Sum Payment and any other items herein or may brought up by District-DLZ-Astbury, OR 2) assume all items are answered and develop an agreement/letter with Carson and accept the Contractor’s proposal to Pay for seven (7) years to close out the issue?
  • Parke Smith made a motion to accept the proposal for the contractor to pay for the monthly services for seven (7) years in a written agreement to be developed by Andy Boxberger and the contractor. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

5-Contract C – ART

5a- Lake Estates – Owner Sign not replaced

5b-Lake Estates-Asphalt Patch

5c-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.

5e-Miller – United Cottage Owners – Yard restoration

  • Contractor has completed items week of Nov 12, observed by District (Greg Gear) and Contractor is awaiting confirmation from District that items are complete.

6-Contract A & B- Selge

6a-Claim Chuck’s Sewer & Drainge $2,650.00 claim

6b-Selby, 3781 North Barbee, Claim #2018-03 ($15,091.12)

  • DLZ has sent information to Carson who is drafting a letter to be sent to Selge.

7-INDOT SR 13 Project – Utility Coordination

  • Letter has been sent to consultant and INDOT.

Astbury Monthly Report

  • The monthly report was submitted in advance. No issues, concerns, or violations were noted in the report.
  • Astbury provided an update on implementation of the equipment warranty process related to shipping and repairs/replacements and noted that the process seems to be functioning appropriately.
  • The board raised the issue of additional hydrogen peroxide purchases and asked Astbury to present more cost-efficient purchasing processes in a future meeting.

Request for Rate Reduction – Cassidy

  • Property owner Cassidy (53 EMS B11) made a request for rate reduction under Section 7 and a waiver of failure to connect penalties. Greg Gear reported that all criteria were met as of the inspection date of 11/7/18. Jim Haney made a motion to grant the rate reduction and to cease non-connect penalty fees as of 11/7/18 (last day for the penalty fee is 11/6/18). The motion was seconded by Sue Ann Mitchell, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Requests to Have Penalties Waived – Noble, Biedron, Dandurand, Keene

  • Property owner Noble (171 EMS B42) made a request to waive and/or rescind failure to connect penalties of $625.00. A permit for this property was obtained on 6/22/18. Greg Gear met with the contractor and inspector on 8/17/18 and determined that there was a contractor error (contractor admitted he forgot to call in for inspection). Contractor provided pumper ticket dated 7/3/18 and claims that was the date of the connection. The district conducted a site visit 8/17/18 and confirmed connection. The district ordered a new inspection on 9/19/18 and an inspection was conducted on 9/26/18. The district ruled on 10/17/18 that all non-connection penalties & fees would cease as of 9/26/18 and penalties would be applied as follows
    • July’s penalties will be $310.00
    • August’s penalties will be $310.00
    • September’s penalties will be $625.00

Property owner Noble purchased the property and provided document that all late fees had been paid prior to closing with the exception of $625.00. Bob Marcuccilli made a motion to waive the remaining $625.00 in non-connect fees. The motion was seconded by Sue Ann Mitchell, and was carried by the vote:

  1. Yeas 0 Nays 0 Abstain
  • Property owner Biedron (90 EMS B20D) made a request to waive and/or rescind failure to connect penalties. This was a bypassed property. A permit for this property was obtained on 10/23/17. The property owner signed an agreement with a contractor and provided a down payment for August of 2018 installation. The contractor failed to provide the services and the property owner filed for legal action in September of 2018. The contractor returned the down payment to the property owner on 10/12/18, at which point a new contractor was hired and the grinder was purchased. Installation and inspection were complete on 10/26/18. Mike DeWald made a motion to waive all remaining non-connect penalties in the amount of $1995.00. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:

4 Yeas 1 Nays 1 Abstain

  • Property owner Dandurand made a request to waive and/or rescind failure to connect penalties. At the September 19, 2018 meeting, the Board agreed to rescind all failure to connect penalties associated with this property. JPR has recently corrected the customer’s account, so no additional action is required by the Board.
  • Property Owner Keene (25 EMS B33A Lane) made a request to waive and/or rescind failure to connect penalties of $2145.00. The property owner completed the connection himself but could not provide any documentation regarding required inspections. The district and JPR conducted an inspection on 11/1/18. Given there was no motion made, the request was denied.

JPR – Property Owner Connection Status

Greg Gear reported that 29 properties are not yet connected, and 5 of those properties are under contract for connection.

Tippy/Chapman Lakes Project

Ken Jones and Jeff Rowe presented updated information regarding the progress of the formation of a regional sewer district to serve the Lake Tippecanoe and Chapman Lake areas. Components of the presentation included:

  • Targeting a December meeting to seek formal approval by relevant government agencies to proceed.
  • A preliminary engineering report which included early estimates of costs and rates.
  • A review of potential benefits and risks for LRSD.

The representatives asked if the LRSD Board still had interest in considering a proposal that would allow the newly formed district to explore options to connect to existing wastewater treatment plant infrastructure. After much discussion, the LRSD Board agreed that they would be willing to continue the dialogue to gain a better understanding of the project implications with the caveat that under no circumstances does it indicate that LRSD is agreeing to or even suggesting that they are willing to treat the sanitary waste streams from these areas.

2019 Meeting Schedule

There was some discussion as to maintaining the current schedule or making some changes to the calendar for 2019, particularly during the months of November and December. The board tabled this issue until a future meeting.

Other Items

  • There were no other items raised.

Public Q & A

  • Property Owner Bruce requested to have additional failure to connect penalties waived and/or rescinded (a partial waiver was granted at the October 2018 Board Meeting). The Board took no action on the request.

Adjournment

Motion to adjourn the meeting at 9:11 PM was made by Bob Marcuccilli, seconded by Jim Haney, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Parke Smith, Secretary