CALL MEETING TO ORDER / REPORT OF MEETING NOTICE PROVIDED
Lakeland Regional Sewer District (LRSD) Board of Trustees met at the District’s Administration
Office, 5002 East 100 North, Warsaw, Indiana. The monthly general meeting date and time
were posted and advertised as required and was called to order at 6:00 PM by Jim Haney.
Present: Jim Haney, Joe Cleland, Cullen Reece, Mark Koehler, Jack Bonewits
Absent: Mike DeWald and Rich Dan
PUBLIC COMMENT PERIOD
None
APPROVAL OF PREVIOUS GENERAL MEETING MINUTES
The final version of the January 17, 2024 Regular Meeting Minutes was submitted to all Board
members via email by Lichelle Parker.
Motion to approve by Joe Cleland with second by Mark Koehler.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
TREASURER’S REPORT AND OTHER FINANCIAL MATTERS
Jim Haney reviewed the Cash and Funds Balance Matrix – January 31, 2024 denoting the funds
grand total of $2,419,440.
Jim Haney overviewed the Management Cash Budget of January 1, 2024 through
January 31, 2024 and Monthly Claims Approval Form of February 2024.
Motion to approve the payment of monthly claims grand total of $69,081.16 by Jim Haney
with second by Cullen Reece.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
Board members affixed their signature approval to the Monthly Claims Approval Form.
The following financial reports for January 2024, prepared by O. W. Krohn & Associates were
reviewed by Jim Haney: Unaudited Schedule of Cash Receipts and Disbursements; Monthly
Analysis of Funds Balances; and Monthly Analysis of Cash and Investment Accounts.
Motion to approve by Jim Haney with second by Cullen Reece.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
Jim Haney explained the need to update the Banking Resolution to add Joe Cleland and
remove Emily Shipley.
Motion to approve Resolution 2024-02 by Jim Haney with second by Cullen Reece.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
The District has a CD at Lake City Bank and a US Treasury note that will be maturing within the
next week. Jim Haney reviewed Mike DeWald’s suggestion to move the funds from the CD
($150,000) into the operations and maintenance fund until the relining of lift station #1 is
complete. Also, to reinvest half of the $500,000 from the US Treasury note funds into a six-
month CD or Treasury bill, whichever has the best interest rate, and reinvest the other half into
an 18-month CD or Treasury bill, whichever has the best interest rate.
Motion to give Mike DeWald the authority to invest the CD funds into the operations and
Maintenance account and to reinvest the US Treasury bill funds; half into a 6-month CD or
US Treasury note and half in an 18-month CD or Treasury note by Jim Haney with second
by Cullen Reece.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
CAPITAL ASSET POLICY
The SBOA audit that concluded in late 2023 for the 5-year time period of 2018-2022
commented that the District needed to create a Capital Asset Policy. Mike DeWald has been
working with Carson LLP and Krohn & Assoc over the last couple of months to create this
policy. The final draft was presented to the Board members by Andy Boxberger via email on
February 12, 2024.
Motion to approve Resolution 2024-03 Capital Asset Policy by Jim Haney with second by
Mark Koehler.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
USE ORDINANCE VIOLATIONS – 5945 E 450 N and 4492 N Sullivan
Steve Snyder was in attendance representing Wayne and Laquieta Waite on the issue of an
unauthorized connection for the property at 5945 E 450 N and the associated penalties of such.
Mr. Snyder presented information regarding the timeline and issues encountered during the
process of correcting the unauthorized connection. Lengthy discussion followed during which
time several board members asked questions that Mr. Snyder and the Waite’s answered.
Motion to waive all penalties was made by Jack Bonewits, but no second.
Motion failed.
A discussion ensued related to dates of certain events, contractors utilized, engineering
instructions, the costs incurred by the District relative to the unauthorized connection, and the
Use Ordinance violations incurred by the Waite’s.
Motion made by Jim Haney to charge the Waite’s for District out of pocket costs associated
with the unauthorized connection ($1841.23) and penalties of $1000 for each of three (3)
Use Ordinance Violations; a total fine of $4,841.23. Mark Koehler seconded.
Additional discussion ensued relative to the Use Ordinance violations, penalties, and costs
incurred by the Waite’s to complete the connection.
Motion failed by lack of quorum; voice vote of: 3 Yeas; 2 Nays; 0 Abstains
Motion made by Joe Cleland to charge the Waite’s for the District’s out of pocket costs
associated with the unauthorized connection ($1841.23) and penalties of $100 for each
of three (3) Use Ordinance violations; a total fine of $2,141.23 with second by Jack
Bonewits.
Motion carried by voice vote of: 4 Yeas; 1 Nay; 0 Abstains
The Kosciusko County Health Department contacted the District office on February 14, 2024,
about the property at 4492 N Sullivan Rd. The Health Dept had received a complaint about
water running across the road. They will be issuing an order to the occupants to correct the
issues they found, including improper gray water discharge and two campers being used as
living facilities which are not connected to the sewer. To supplement the Health Department’s
actions, Carson LLP will draft a letter to the property owners and residents alerting them of Use
Ordinance violations relevant to impermissible discharge and inform them of the deadline to
correct the situation. Discussion ensued on what level of penalties should be imposed if the
residents do not comply.
Motion made for Carson LLP to send a letter to the property owners and residents with
notice of Ordinance violation and grace period of 30 days to correct the situation or penalties
will be levied (amount to be determined at time of non-compliance if applies) by Cullen
Reece with second by Mark Koehler.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
From the above situation, Jim Haney questioned what rights the District has regarding
connections inside a residence, and how does the District verify that the appropriate
connections are made inside a residence. For example, how does the District verify that the
discharge from a clothes washing machine is connected properly to the sewer system. Andy
Boxberger (Carson LLP) stated that the Use Ordinance provides the right for the District, or its
Agent, to enter the residence, with permission, to inspect the connection. If the owner refuses
to allow entry to inspect the connections, then they are violating the Ordinance and can be
levied fines for such.
Jim Haney asked the Board members to consider giving Astbury financial relief for situations
which involve the need for Astbury personnel to enter a residence to do inspections, since this is
not something within the scope of their current O&M Agreement. Jim Haney suggested that this
financial relief be in the form of a pre-determined hourly rate.
Motion to solicit Astbury to provide a quote for an hourly rate to be used in these situations
by Jim Haney with second by Jack Bonewits.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
INDEPENDENT CONTRACTOR COMMITTEE – DLZ Agreement and Astbury Utility
Locates
DLZ has supplied a proposal for the 2024 On-Call Professional Agreement. Type I permit
reviews will remain at the same cost of $350, however, they are proposing an increase to the
hourly rate associated with any other on-call engineering hours. It was also clarified that a DLZ
representative does not need to attend every monthly board meeting.
Motion to approve the proposed DLZ 2024 On-Call Professional Agreement by Jim Haney
with second by Jack Bonewits.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
The District has a contractual agreement with USIC to perform utility locates, however, the
contract between Astbury and the District requires Astbury to pay for utility locates. Astbury is
requesting that we terminate our contractual agreement with USIC, and then Astbury will utilize
internal personnel to perform the utility locates instead. Carson LLP drafted an amendment to
the Astbury agreement to give Astbury the authority to do that, with the caveat that the time
spent on utility locates does not count towards the required (60) hours dedicated to the District’s
operations and maintenance. Astbury has some concerns about this caveat and their legal
department is reviewing the amendment in its entirety.
Motion by Jim Haney to authorize Jim Haney to release the contract termination letter to
USIC and to sign the Astbury amendment once Astbury executes it as written by Carson
LLP with second by Joe Cleland.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
ASTBURY MONTHLY REPORT
The LRSD Treatment System Operations Treatment System Operations Report date
February 18, 2024 was emailed to Board members by Astbury Water Technology, Inc.
Astbury has encountered several easement violations within the last week while performing
routine maintenance.
At 20 EMS B61H, the property owner has hauled in a lot of gravel and stone and the grinder
station and curb stop are almost a foot below ground level; landscaping blocks hold back the
gravel and stone from the grinder station and a cover has been placed over the curb stop.
Josh Koontz sent an email with pictures which was forwarded to the board members by
Lichelle Parker. The curb stop needs to be raised and the grinder station either needs to
have a riser installed or the gravel and stone need to be removed from the easement area.
At three other properties on, or around B20, they have encountered landscape issues within
the easement parameters.
Motion to send letters to each property owner informing of easement violation and to
correct the situation immediately by Jim Haney with second by Mark Koehler.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
Josh Koontz provided clarification about a service call where water discharge was leaking into a
homeowner’s basement. Astbury determined the discharge was acceptable, but a plumbing
leak was dripping into the basement, which the homeowner needed to address.
Josh Koontz noted that there were flow meter issues in January 2024 which contributed to a
significantly higher percentage discharge number being reported (on page 1) for this report than
was reported the same time last year.
Jim Haney questioned when Haskins was going to finish the repairs on the fine screen. Josh
Koontz indicated that Haskins was aware that additional work is required and if they are not out
soon, he will solicit another contractor to finish the work.
Although Carson LLP has not received a response to their letter regarding the warranty on Lift
Station #1 pump, HP Thompson notified Josh Koontz today, February 21, 2024, that they were
having a Team’s meeting today to discuss it.
Tom Astbury provided clarification that there was a misprint in the report regarding the
frequency of ARV flushing. It is to occur every 24-months, not 48-months as printed.
Josh Koontz has solicited quotes from vendors for check valve replacements. To-date, only one
has provided a “one-price fixes all” quote. He is also working to obtain a “base-level” quote from
each vendor. The Board asked for him to continue follow up with the vendors for additional
quotes and information.
Astbury is asking for authorization to proceed with Eberle Electric for the Rotork valve work on
the digester. Jim Haney stated that he is opposed to moving forward with Eberle Electric
without additional quotes for comparison. Joe Cleland asked if Eberle could break out the cost
of the actuator/materials and labor. Astbury is going to ask Eberle for this additional information
as well as working on obtaining additional quotes.
Josh Koontz provided clarification that the check valve issue noted in WO 242435 was fixed by
SiteWorx.
Joe Cleland noted that several of the work orders this month pertained to issues with the
contactors. Josh Koontz confirmed that this is a bad time of year for contactors because there
are issues as the moisture freezes and the issues seem to be getting worse as the system ages
and panels have been exposed longer.
The report indicates that the four (4) generators are due for annual preventative maintenance,
however, Jim Haney noted that there was an expense in June 2023 for this work and he
questioned why it was being done early this year. Astbury is going to verify, but indicated that
they thought the District was scheduled for it to be done in the “spring” each year and the actual
date of service sometimes fluctuates slightly.
ENGINEERING UPDATE
Although a DLZ representative was not in attendance, Casey Erwin emailed Jim Haney that the
only outstanding items were one permit review, which should be completed by Monday or
Tuesday morning of next week, and the 2024 proposed agreement which was addressed earlier
in the meeting.
PURCHASING UPDATE (Cleland)
None
RATE REDUCTION – PERMANENT/TEMPORARY VACATE
Andy Boxberger sent a draft of a revised Reduction in Billing Ordinance to all Board Members
via email prior to the January 2024 Board meeting,. During January’s meeting Jim Haney had
requested that Board members review the draft and send their questions and/or feedback to Jim
prior to this month’s meeting to funnel those back to Andy; he received no feedback.
Motion to approve the ordinance as written, by Jim Haney with second by Joe Cleland.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
REQUEST TO RESCIND LATE FEES – SHROEDER and LAKE ESTATES
The Board has received two requests to waive late fees.
The first is from Laurell Schroeder asking to reconsider the denial received during January
2024’s meeting. She has since provided a copy of the payment envelope, returned by the
USPS as “unable to forward, return to sender”. The envelope is addressed correctly and was
postmarked December 18, 2023.
Motion to deny the request by Cullen Reece with second by Jim Haney.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
The second request was from Cory at Lake Estates. In his email communication he indicated
that payment had been mailed on January 15, 2024. As of February 8, 2024, the billing
department had not received payment. Jim Haney noted that a late fee was waived in Sept
2021 for this account as well.
Motion to deny the request by Jim Haney with second by Cullen Reece.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
PROPERTY OWNER CONNECTION STATUS (Parker/Carson LLP)
Review of Monthly Connection Report emailed to Board Members on 2/16/2024
USE OF BOARDABLE
A short demo video of the software program, Boardable, was made available for Board
Members to review during the last couple weeks. Benefits of the software include an agenda
builder in which applicable documents can be attached to for quick reference. To purchase the
lowest level of the paid program would cost approximately $1800, however, it seems that the
free version offers enough benefits that it may work for what the District needs. The Board will
test the free version for the March meeting.
INDIANA CODE REVISIONS – COMPENSATION TO BOARD MEMBERS
Examples of other Board compensation structures, as well additional information from Andy
Boxberger was provided to the Board Members for review. Joe Cleland stated he thought it
would be helpful to recruit and retain Board Members. Andy Boxberger noted that it is more
common than not, for Board Members to be compensated.
Motion for Carson LLP to draft a resolution for the next meeting by Mark Koehler with
second by Joe Cleland.
Additional discussion occurred of an effective date, how frequently pay will occur, and
requirements to be eligible to receive pay.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains
OTHER ITEMS THAT MAY COME BEFORE THE BOARD
None
ADJOURNMENT
Motion to adjourn meeting was made at 8:42 PM by Jim Haney with second by Joe Cleland.
Motion carried by voice vote of: 5 Yeas; 0 Nays; 0 Abstains