April 21, 2021 Minutes

April 21, 2021 Minutes

Call Meeting to Order

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

  • Present: Jim Haney, Parke Smith, Mike DeWald, Sue Ann Mitchell, Bob Marcuccilli, Joe Cleland, Frank Kurth
  • Absent: None

Report of Meeting Notice

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

Approval of Previous Minutes

  • Parke Smith presented the March 17, 2021 regular meeting minutes and made a motion to approve as submitted. The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain

Treasurers Report and Other Financial Matters:

  • Mike DeWald reviewed the financial reports.  Mike noted the following:
    • Receipts were higher than expected by approximately $17K.
    • Nothing unusual to report on the expenses side.
    • The ending balance was $ 1,859,306.
  • Mike DeWald made a motion to approve the Unaudited Schedule of Cash Receipts and Disbursements, the Monthly Analysis of Funds and Balances, and the Monthly Analysis of Cash Investment Accounts.  The motion was seconded by Sue Ann Mitchell and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain
    • Note: There was discussion as to the intended use of the Assets Replacement Funds.  Jim Haney indicated that he would circulate the original planning document for future discussion.
  • Mike also presented the monthly claims.  Jim Haney made a motion to approve the April monthly claims report in the amount of $71,420.88.  The motion was seconded by Bob Marcuccilli and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain
  • Mike also noted that there was a surplus in maintenance funds (Astbury) for the previous year and suggested that the board roll those funds over to the current year, in part to apply to the cost of new inventory grinders.  Mike DeWald made a motion to roll over surplus maintenance funds for Astbury in the amount of $3,537.18 into the current year. The motion was seconded by Joe Cleland and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain

Astbury Requested Increase to O&M Agreement

Astbury has requested an increase to the O & M Agreement.

  • The current agreement has been divided into 2 2-year segments.  The agreement is currently in year 2, which ends August 2021.
  • The agreement includes a formula-based price increase (capped at 3%).  The result of the formula was 2.02%.
  • The Operations segment of the agreement is retroactive to August 2020 and the Maintenance segment is retroactive to March 2021.
  • Jim Haney made a motion to increase the monthly Operations portion from $20,026.25 to $20,430.78, effective August 28, 2020; and the monthly Maintenance portion from $1,804.17 to $1,840.58, effective March 7, 2020.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain

Astbury Monthly Report

Astbury provided a written report prior to the board meeting and Donn Neff was in attendance.  Donn noted that this was a relatively quiet month and had nothing to call out specifically from the report other that the items listed separately on the agenda.

Astbury Update Regarding Drainage Issue at 45 EMS B48A

Donn Neff reported that he explored two options:

  • Install additional drainage to handle the standing water on/or around the grinder.  Donn indicated that this option is not viable due to the lack of fall to the lake.
  • Adding a 12” extension to the grinder, which would ensure the water is not penetrating the grinder lid and to allow access to the grinder for maintenance purposes.  The cost of the extension would be $276.00 and can be purchased from Gasvoda.  The installation would be conducted by Astbury.
  • Parke Smith made a motion to authorize Astbury to purchase the extension from Gasvoda in the amount of $276.00, to be installed by Astbury.  In addition, the property owner will be notified that the amount of the repair will be added to their LRSD monthly bill during the next available billing cycle.  The motion was seconded by Bob Marcuccilli and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain
  • Note: The board asked Carson to suggest potential language to the current permit process that would raise future awareness for property owners of potential issues that may be created by building or excavating in/or around the easement area that would impact the LRSD grinder easements, for which the property owner may be liable.

Astbury Update Regarding Generator Installation at Lake Estates

Donn Neff provided an update on the electrical issue at Lake Estates

  • NIPSCO is currently exploring the option of running natural gas lines to the grinder that could be used to fuel a generator, in case of a loss of power.  NIPSCO’s initial investigation is that it is possible and may not result in additional cost to the district for installation.
  • Donn will also secure an updated quote from Ritter Electric for the purchase of a generator.
  • Given the lack of availability of a gas meter and a generator for up to 22+ weeks, Donn suggested that LRSD purchase and install an Omni Beacon at the grinder to monitor for power outages as an intermediate step.  This would also act as a back up system to the generator once it is installed.  The cost of the Omni Beacon would be $525 with additional cell phone bills of approximately $12.50 per month.
  • Bob Marcuccilli made a motion to authorize Astbury to purchase the Omni Beacon Unit in the amount of $525.00 for the Lake Estates grinder that is served by both NIPSCO and REMC, to be installed by Astbury.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain

Property Owner Connection Status

  • Greg Gear reported that there is 1 newly connected property, which reduces the number of properties that have yet to connected to 7.
  • Greg also reported that 1 additional property owner is planning to connect withing 1-2 weeks.

Property Owner Trier Request That All Unpaid Liens Be Waived

Matt Trier has acquired the property at 33/37 EMS B70 Lane without consideration from the previous owner.  Mr. Trier has submitted a certified appraisal to the board and is requesting that the board waive all liens, failure to connect penalties, past service charges, and late charges.

  • Mr. Trier indicated that his intent is to remodel the existing home and connect to the sewer system as soon as possible.
  • The certified appraised value is placed at $10,500, assuming the removal of the existing structures.
  • The property owner stated that the well is partially functional but will need repair.
  • After much discussion, Jim Haney made a motion to deny the request for the release of all liens and associated fees and penalties.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain
  • There was additional discussion by the board and with Mr. Trier as to alternative solutions.  Board members discussed the pros and cons of recouping some of the funds due to the district versus failing to recoup any of the funds due.  In addition, there was debate about the best way to appropriately value the property in order to come to some resolution.
  • Parke Smith made a motion to accept payment from the property owner in the amount of $3,170.22, equaling the amount of sewer charges, late payment fees, and lien filing fees; and waive all other liens and associated charges.  The motion was not seconded.
  • Discussion continued as to how best to value the property so that the district would be able to recoup a reasonable amount of the funds due.  Several board members agreed that the appraised value should be a foundational part of the determination of a reasonable amount to proportionally recoup some of the lost funds.
  • Mr. Trier stated that he would be unable to pay any of the lien and penalty amounts, as well as back taxes, and pay for sewer connection.
  • Jim Haney made a motion to release all LRSD liens for 33 EMS B70 Lane, providing the property owner has connected to the sewer system and paid $9,300 ($10,500 property value – $1,200 tax debt) directly to LRSD by May 10, 2021.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 6 Yeas
    • 1 Nays
    • 0 Abstain

Other Items That May Come Before the Board

  • Sue Ann Mitchell inquired if the district was aware and/or interested in signing up for REMC provided internet service.  Several board members were unaware of the option and no decision was made.

Public Q & A

  • None

Adjournment

  • Motion to adjourn the meeting at 9:00 was made by Mike DeWald.  The motion was seconded by Jim Haney and was carried by the voice vote of:
    • 7 Yeas
    • 0 Nays
    • 0 Abstain

Parke Smith, Secretary