June 19, 2019 Minutes

June 19, 2019 Minutes

Meeting Call to Order

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

  • Present: Jim Haney, Mike DeWald, Parke Smith, Sue Ann Mitchell, Bob Marcuccilli, Greg Mitchell
  • Absent: 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 May 15, 2019 regular meeting minutes. Sue Ann Mitchell made a motion to approve. The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:

4 Yeas 0 Nays 2 Abstain

Treasurers Report and Other Financial Matters:

Mike DeWald presented financial reports and commentary. Mike reported:

  • Collections were artificially high for May. JPR carried the ACH payments from April to May, in the amount of approximately $27,000.
  • The district received quarterly interest on CD’s in the amount of $2,800.
  • Astbury refunded the unused maintenance fund payments from 2018, approximately $8,000.
  • The district is averaging about $34,000 per month in excess receipts.
  • Jim Haney asked if we could move the funds in the Construction Account to the Operations and Maintenance Fund Account. Mike will check with Carter.
  • Jim also asked if the district needed to continue the Lake City Bank Money Market. Mike stated that he prefers to keep it in place for flexibility.
  • Jim Haney made a motion to approve the Unaudited Schedule of Cash Receipts and Disbursements, the Monthly Analysis of Funds and Balances, Monthly Analysis of Cash Investment Accounts, and Monthly Analysis of Fund Balances. 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 presented the Monthly Claim Approval Form.

  • Mike noted that both lawsuits were now complete, so legal expenses should return to normal levels.
  • Jim Haney made a motion to approve the Monthly Claim Approval Form and the list of bills paid after 5/15/19 in the amount of $46,036.27. The motion was seconded by Greg Mitchell, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Engineering Update- DLZ

Casey Erwin was present and reported that there were no action items.

  • Casey also noted that DLZ has 1 plan for new connection under current review.

Astbury Monthly Report

Matt Rippey was present and provided the updates from Astbury. Matt reported:

  • It was a busy month for emergency call-outs, which is common for spring.
  • The Board recognized Astbury’s good work as a result of positive property owner feedback.
  • Repairs were conducted on the pumps at Lift Station #1 as an additional maintenance item.
  • Additional rip rap was brought in to resolve heavy rain issues.

Property Owner Connection Status

Greg Gear reported that there are 16 properties still unconnected. Of those 16, 4 or 5 are up for tax sale, and 1 is in bankruptcy. Jim Haney directed Greg to send out information regarding the board resolution to property owners who are going through tax sale, as well as provide the information to the County Auditor and Treasurer prior to the next tax sale.

EMS B45 Repairs

There is a recurring issue on B45 regarding a manhole cover in the middle of the lane that continues to become exposed due to the steep incline of the lane. There is a concern that the exposed cover is a nuisance and may result in damage to district equipment.

  • Casey reported that the cause of the issue is the slope and the best solution would be to lower the cover by 3 inches. The estimated cost of the repair would be $800.
  • Casey also indicated that he would explore other potential similar issues where covers were placed within traffic lanes but notes that B45 seemed to be a unique scenario.
  • Bob Marcuccilli made a motion to approve the repair for $800, pending proof of insurance being provided by the company conducting the repair. 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 Failure to Connect Penalties Waived – Close, Gillespie, Van Sickle

Property Owner Close (400N) requested that late fees and penalties be waived. This request was tabled from last month’s meeting.

  • A lien for $4,445 was filed against the property.
  • The lien was satisfied by the property owners mortgage holder and added into the mortgage, resulting in a current account balance of $0, with the exception of the standard monthly payment which is not due at this time.
  • The property changed hands during the construction process as a result of the death and health issues of the original owners.
  • The current owners failed to retrieve certified mailings from the district but did make some attempts to get connected and/or resolve penalty issues.
  • The property was connected, and inspection approved on 2/26/19.
  • Parke Smith made a motion to waive and refund the failure to connect penalties in the amount of $4,445, due to the similar nature of circumstances to the previous request by property owner Dietz, in which the LRSD waived failure to connect penalties, pending receipt of fees to the district from the County. 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 Gillespie requested that late fees and penalties be waived. The property owner was not present at the meeting. Greg Gear has made multiple attempts to contact the property owner, without success.

  • The property owner has stated that he is not connected, cannot pay the fees and penalties and does not intent to attempt to get connected, until the district agrees to waive penalties.
  • Greg Gear has referred Mr. Gillespie to the USDA, as he may be eligible for federal support. Mr. Gillespie has not completed the required paperwork to determine his eligibility.
  • Jim Haney made a motion to deny the request to waive and refund the failure to connect. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

  • Jim Haney directed Greg Gear to attempt to help Mr. Gillespie complete the required paperwork.

Property Owner Van Sickle requested that late fees and penalties be waived. The property owners were not present at the meeting but claim to have been connected prior to July 1, 2018.

  • The permit was pulled on 8/19/17.
  • On May 30, 2019, Greg Gear met with the contractor (Kathy Shelby), Donn Neff (Astbury) and the owner. After seeing the property and some desiccation, Don Neff recalled doing the inspection on Friday 11/10/2017 and it met all requirements. He believes Josh Thomas had the paper work that day. Don intended to get the paper work completed on the following Monday but forgot. The contractor agreed and provided a copy of the pumper ticket. This issue was determined to be an oversight on the part of the District.
  • Jim Haney made a motion to waive the failure to connect penalties and release the lien ($4,479.29 including a $5.00 lien fee), the district would pay the $5.00 lien fee, credit the account in the amount of $174.89 from March of this year, leaving a balance of $62.95 to be paid on or before 6/28/19. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Rate Reduction Request – Dahm/Mentzer Mobile Home Park

The property owners (83 EMS B29 LN Warsaw) have requested a rate reduction for 2 of the home lots (lots 2 & 3) under Section #7.

  • The park has 7 lots for mobile homes.
  • Presently they have 7 EDU’s associated with parcel.
  • The park and all the trailers were inspected and connected to the sewer district on 6/22/17.
  • Inspection for the rate reduction was done on 5/30/19 and all qualifications were met.
  • Mike DeWald made a motion to grant the rate reduction for lots 2 & 3 per Section #7, with responsibility of the property owner to continue payment on the debt service portion of the monthly fee. The motion was seconded by Bob Marcuccilli, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Transition of Billings and Collections

Bob Marcuccilli, Jim Haney, and Mike DeWald participated in a weekly call with Astbury regarding the transition of services. The team noted that Astbury is doing a great job and is ready for the transition on June 27, 2019.

  • Checks after June 27 will be sent to Astbury.
  • They are prepared to process invoices to go out the first part of July.
  • There was some discussion as to how to resolve the various charges for payment options (ACH, e-Check, Credit Card).
  • Jim Haney made a motion to direct Astbury to set up billing collection software to bill payment options, in compliance with Indiana Code and LRSD Ordinances, as follows: ACH – 0% of transaction amount; e-Check – .75% of transaction amount; Credit Card – 3% of transaction amount. The motion was seconded by Mike DeWald, and on call of roll was carried by the vote:

6 Yeas 0 Nays 0 Abstain

Other Items

  • Bob Marcuccilli reported that Astbury would be providing training for their website. Date options will be coordinated by Jim Haney and sent out next week.
  • Astbury reported that Gary Cooper will be working with Greg Burkett to get new payment options and processes posted to the LRSD website.
  • The LRSD Board recognized Board Member Sue Ann Mitchell for being selected as Person of the Year and congratulated her on her years of service to a variety of county offices and organizations.

Public Q & A

None

Adjournment

Motion to adjourn the meeting at 8:14 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