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
Bob Marcuccilli presented the September 19, 2018 regular meeting minutes. Greg Mitchell 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 1 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:
- EDU charges are very steady
- Non-Connect penalties are approximately $19,000
- Aging account numbers are up – possibly due to non-connect penalties
- There was an extra deposit made as a result of JPR erroneously depositing a check for another entity – Mike suggested that the Board may want to consider creation of a sub-committee to review transactions
- The Unaudited Schedule of Cash Receipts and Disbursements was typical with the exception of the annual payment for insurance
- The district is nearly ready to close the Key Bank account – however, there are still two outstanding uncashed checks to Red Caboose. Andy Boxberger will follow-up with Red Caboose counsel.
- 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 Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Mike DeWald presented the Monthly Claim Approval Form.
- Mike noted that the claims were typical for the month
- It was noted that there was one mistake on the form – payment to ACE Hardware on 10/2/18 was listed as $2,885.31 and should have been listed as $28.31, due to a typographical error.
- Jim Haney made a motion to approve the Monthly Claim Approval Form and the list of bills paid after 9/15/18 in the amount of $43,826.67. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
2019 Budget
Mike DeWald presented the proposed budget for 2019 as required by the USDA. Mike noted the following in the development of the budget:
- The USDA requires the budget to be submitted by 12/1/18
- Legal fees remain to be a relatively unknown expense until the campground/trailer park issue is resolved
- Another unknown expense will be the cost of the anticipated audit that will take place during this budget cycle
- Anticipated revenue and expenses are both approximately $1,840,000.00
- Bob Marcuccilli made a motion to approve the 2019 LRSD Budget as submitted. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Engineering Update – DLZ/Written Notification to ART:
Melissa Oyer of DLZ was present and provided updates on the report previously submitted by Casey Erwin prior to the meeting.
1-New Connection Reviews
- (27) New Connections complete to date;
- (1) currently under review
2-Tank Items and Bypass Channels
- Notice of Award has been Executed by the District
- Owner-Contractor Agreement approved by District/Attorney
- Notice of Award and Agreement sent to Contractor
- Construction start is pending documents from Contractor – Haskins
- Status
- DLZ has sent Notice of Award and Owner-Contractor Agreement to Contractor (Haskins)
- Contractor to review, return Bonds, Insurance and Signed Agreement to Engineer/District;
- District Sign Agreement
- Preconstruction Meeting and Construction Start Pending in next few weeks
- Jim Haney requested that DLZ follow-up with Haskins as to the delay in returning documents.
3-Showalter Addition
- Property owner has requested clarification and options for relocating lateral to avoid building addition
- Status: DLZ recommends this be considered a Property Owner request to relocate/modify District Equipment (grinder station, panel, lateral line, connection, etc.) at property owner expense based on past ordinances, process would include plan review.
- DLZ/Greg Gear and Astbury met property owner on September 6, 2018
- No Update
4-WWTP (RE Crosby)
- 4b-Pump Station Telemetering: Per April meeting, contractor has been notified of the 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.
- Punch-list Item, Listed on Contractor Commitment Letter
- DLZ/Carson to coordinate a letter to contractor
- The board again requested that DLZ and Carson coordinate a letter to be sent to the vendor
5-Contract C (ART)
Letter to ART: ART to be notified of Items 5a, 5b, 5c and 5e per District Authorization. Item 5d is still under review by District.
5a- Lake Estates – Owner Sign not replaced
- DLZ met with property manager on June 8 to discuss a sign that was removed and disturbed and not replaced by the Contractor.
- Item was on Punch-list issued to Contractor
- Contractor currently has issued an email to DLZ indicating the sign was not replaced at the request of the Owner. DLZ was not aware of this conversation or arrangement.
5b-Lake Estates-Asphalt Patch
- DLZ met with property manager on June 8 to discuss an asphalt pavement patch on the private drive that has seams that were separating.
- Item was on Punch-list issued to Contractor, item was completed after issuance of Punch-list
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.
- Item was on Punch-list issued to Contractor
- Contractor has been notified, no response to date.
5d-Theresa Guetzlaff – United Cottage Owners Lot 16 Yard Drain
- Property Owner claiming that a yard drain running from her drive way to the lake (South to North) on the East side of her house was damaged during the grinder installation.
- DLZ needs to review construction logs and punch-list
- Per District investigative work on 9-13-18, damage to tile done by others or owner’s contractors. (kept on list for reference)
- Further investigation revealed that the drainage line had multiple issues and needed to be replaced and that none of the damage was the result of the LRSD project. As a result, the board determined that no invoice would be sent to ART.
- In addition, because of the expenses incurred by the district at the request of the property owner, Greg Mitchell made a motion to send an invoice to the property owner in the amount of $1,295 to cover the costs of the scoping work and drain pipe repair. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:
5 Yeas 2 Nays 0 Abstain
5e-Miller – United Cottage Owners – Yard restoration
- District has reviewed and determined to be Construction Warranty Item (per 10-13-18 email)
6-Contract A & B (Selge Construction)
Letter to Selge: Selge to be notified of Items 6a & 6b pending Authorization by District, and pending final documents provided by property owner of 6b.
6a-Claim Chuck’s Sewer & Drainage $2,650.00 claim
- District/Gear has provided history of connection
- Greg Gear found/determined Negligent work by Contractor
- DLZ to review records for grinder station start-up and construction
6b-Selby, 3781 North Barbee
- Contractor did not connect lateral during project construction
- Reference Property Owner Claim #2018-03 ($15,091.12)
7-INDOT SR 13 Project – Utility Coordination
- Letter & Record Drawings need to be sent to INDOT/Consultant
- Jim Haney made a motion to authorize DLZ to provide INDOT with a response letter and record drawings as requested, noting the existing pump station drive approach, pending final approval of the document draft by Jim Haney, President. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Following is a summary of DLZ action items following the LRSD October board meeting:
- Jim Haney would like for Casey or Mike Trevino to call him on 10/18/18.
- DLZ to contact Haskins to find out why Haskins has not yet provided contract documents. Board wanting some resolution by end of this week.
- Move forward on letter to RE Crosby.
- DLZ received a binder of material concerning item “6b-Selby, 3781 North Barbee” to be delivered to Casey.
- Revise the SR13 utility coordination letter to point out the pump station drive approach; send revision to Jim Haney for review and approval prior to sending to Burgess & Niple.
Astbury Monthly Report
- The monthly report was submitted in advance. No issues, concerns, or violations were noted in the report.
Request for Rate Reduction – Kuhn, Plumer, Skillman LLC
- Property owner Kuhn (3890 N. 700 W.) 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 9/24/18. Parke Smith made a motion to grant the rate reduction and to cease non-connect penalty fees as of 9/24/18 (last day for the penalty fee is 9/23/18). The motion was seconded by Jim Haney, and on call of roll was carried by the vote:
5 Yeas 2 Nays 0 Abstain
- Property owner Plumer (158 EMS B60) made a request for rate reduction under Section 7 and a waiver of failure to connect penalties. Property owner Plumer purchased the property from previous owner Ford, with a real estate closing date of 9/19/18. Greg Gear reported all criteria were met as of the inspection date of 9/26/18. Jim Haney made a motion to grant the rate reduction and to cease non-connect penalty fees as of 9/26/18 (last day for the penalty fee is 9/25/18). 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 Skillman LLC (Bruce) (95 EMS B20C) 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 10/10/18. Parke Smith made a motion to grant the rate reduction and to cease non-connect penalty fees as of 10/10/18 (last day for the penalty fee is 10/9/18). The motion was seconded by Frank Kurth, and on call of roll was carried by the vote:
6 Yeas 0 Nays 1 Abstain
JPR – Property Owner Connection Status
Greg Gear reported that 37 properties are not yet connected, and 3 inspections are scheduled for next week.
Requests to Have Penalties Waived-Hendrickson, Till/Noble, Stockman, Cassidy, Smith
- Property owner Hendrickson (EMS B21 LN) made a request to waive and/or rescind failure to connect penalties. This was a bypassed property and a grinder was purchased on 7/27/18 with final inspection on 9/26/18. There was discussion as to when consideration for waiver of fees should occur, based on the grinder purchase date or the inspection date. Final inspection was completed on 9/26/18. Bob Marcuccilli made a motion to cease non-connect penalty fees as of 7/27/18 (last day for the penalty fee is 7/26/18). The motion was seconded by Mike DeWald, and on call of roll failed to carry by the vote:
3 Yeas 2 Nays 2 Abstain
- A second motion was made on the Hendrickson request by Jim Haney to cease non-connect penalty fees as of 9/26/18 (last day for the penalty fee is 9/25/18). The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
6 Yeas 1 Nays 0 Abstain
- Property owner Till/Noble (171 EMS B42) made a request to waive and/or rescind failure to connect penalties. Final inspection on this connection was completed on 9/26/18. Jim Haney made a motion to cease non-connect penalty fees as of 9/26/18 (last day for the penalty fee is 9/25/18). The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
- Property owner Stockman (46 EMS B48) made a request to waive and/or rescind failure to connect penalties. The contractor failed to provide inspection photos to JPR and JPR completed the physical connection inspection on 10/12/18. Jim Haney made a motion to cease non-connect penalty fees as of 10/12/18 (last day for the penalty fee is 10/11/18). The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
- Property Owner Cassidy (53 EMS B11) made a request to waive and/or rescind failure to connect penalties. The property owner has decided to rebuild or remodel over the winter and obtained a permit on 9/19/18. The property owner contractor has provided a letter indicating that construction was to begin on or about 11/11/18. Jim Haney instructed Greg Gear to advise the property owner to request a rate reduction. Upon the granting of a rate reduction, the board could then consider the issue of failure to connect penalties. No other action was taken by the board.
- Property Owner Smith (3645 N SR 13) made a request to waive and/or rescind failure to connect penalties. The property owner indicated that he has no financial ability to pay for the connection or the resulting failure to connect penalties. Jim Haney suggested that the property owner seek grant funding to assist him in his situation. The property remains a sewage producing and non-connected property. No other action was taken by the board.
Mobile Home/ Campground Litigation
- Andy Boxberger reported that the IURC recently ruled in favor of the LRSD but that the complainants have appealed to the Indiana Appellate Court. The district will file a brief next week in response to the appeal.
- Jim Haney made a motion to authorize Carson to cross appeal on the jurisdiction issue but not on the timeliness issue, based on the recommendation of LRSD Counsel. The motion was seconded by Parke Smith, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
- Andy Boxberger also reported that Carson has raised ethics issues related to the initial judge in the case having been hired by the firm representing the complainants.
Other Items
- There were no other items raised.
Public Q & A
- Property Owner Derek Coy (18 EMS B18) requested to have additional failure to connect penalties waived and/or rescinded (a partial waiver was granted at the September 2018 Board Meeting) as the result of his contractor failing to obtain an inspection. The initial inspection on 6/16/18 failed because the electrical connection was not complete. The property owner contracted the electrical connection to be completed and was done so on 6/20/18. This property was connected and functioning prior to July 1, 2018. Bob Marcuccilli made a motion to waive the remaining failure to connect penalties in the amount of $460. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:
5 Yeas 2 Nays O Abstain
Adjournment
Motion to adjourn the meeting at 8:13 PM was made by Bob Marcuccilli, seconded by Jim Haney, and on call of roll was carried by the vote:
7 Yeas 0 Nays 0 Abstain
Parke Smith, Secretary