Call Meeting to Order
The meeting was called to order at 6:00 PM by Jim Haney.
- Present: Jim Haney, Frank Kurth, Bob Marcuccilli, Sue Ann Mitchell, Parke Smith, Mike DeWald
- Absent: Joe Cleland
Note: The April meeting was cancelled due to the public health emergency and the May meeting was available in person and via conference call to make the meeting accessible as per health/safety precautionary guidelines.
Report of Meeting Notice
The meeting date and time were posted and advertised as required.
Approval of Previous Minutes
- Parke Smith presented the March 18, 2020 regular meeting minutes. Jim Haney made a motion to approve. The motion was seconded by Parke Smith. The motion carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
Treasurers Report and Other Financial Matters:
- Mike DeWald reviewed the financial reports and 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 Bob Marcuccilli. The motion carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
- Mike DeWald also presented the Monthly Cash Budget, the April Checkbook, the Accounts Matrix, and the CD Schedule. Parke Smith made a motion to approve the March and April disbursements as presented in the checkbook report. The motion was seconded by Sue Ann Mitchell. The motion carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
Astbury Monthly Report
Don Neff provided a written report to the board prior to the meeting and attended remotely via conference call. In that report, Don noted:
- There are 2 projects underway for the repair of grinders. One on B40 (contractor damage) and one on B14 (unknown cause of damage).
- 20-30 grinder pumps have been replaced to date. Most, if not all of those have been rebuilds. This seems to be a normal proportion of repairs, given the total number of grinders in the system. Don will provide additional details to the board regarding the repair/preplacement process.
- Astbury payments will be updated for the next board meeting.
Property Owner Connection Status
- It was noted that banks have settled/paid the liens on 3 separate properties that have current access to grinders. It was suggested that a conference call between property owners, the relevant banks, and LRSD be arranged to discuss the financial benefits to all parties to connect to the system rather than be exposed to future additional liens.
Resumption of Failure to Connect Penalties
- In the March meeting, the LRSD Board recognized the potential challenges for all property owners resulting from the public health emergency and approved to suspend all failure to connect penalties from March 1, 2020 through April 30, 2020. The board revisited this motion based on current circumstances. After discussion, Bob Marcuccilli made a motion to continue to suspend all failure to connect penalties through July 3, 2020. The motion was seconded by Frank Kurth and was carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
Request for Rate Reduction – Jinks
Property owner Jinks is the new owner of 54 EMS B6A LN and is requesting a rate reduction.
- Property owner received tax deed on 1/15/2020.
- Requested rate reduction on 1/16/20.
- Inspection was conducted on 3/20/20.
- Septic was pumped and properly abandoned and back filled.
- Trailer was removed from property.
- Well was capped.
- Form 2018-01 was signed on 3/26/20.
- Requested to rescind all non-connect penalties on 3/26/20.
- Jim Haney made a motion to approve the rate reduction in accordance with Section 7 of the Rate Ordinance. The motion was seconded by Bob Marcuccilli and was carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
In addition, as pursuant to existing Bad Debt Resolution Ordinance 2019-02, the LRSD Board also waived failure to connect penalties in the amount of $4,500 and late fees of $14.
Request to Rescind Failure to Connect Penalties – Swihart
Property Owner Swihart (12 EMS B31) has requested that the District waive all Failure to Connect Penalties totaling $21,370.
- July 2013 and February 2014 the County Health Department issued letters to the property owner regarding “Order to Abate”.
- On February 15, 2019, County Health Department issued an Order to Seal. A copy of this order was posted on the property.
- On October 25, 2019, Greg Gear performed the Rate Reduction inspection and determined the property met the eligibility requirements.
- On December 9, 2019, Swihart supplied the signed Form 2018-01 which completed all documentation needed for submitting the request for Board approval.
- At the December 10, 2019 LRSD Board meeting, the Rate Reduction was approved pending the account becoming current. In addition, the Board approved to stop assessing Failure to Connect Penalties as of October 25, 2019.
- On January 10, 2020, Swihart submitted a written request that all Failure to Connect Penalties be waived. She claimed the home was condemned in the 2012-2013-time frame and she ignored LRSD mailings as in her opinion she didn’t need to be billed for something she couldn’t use.
- At the January 15, 2020 meeting, the Board tabled Swihart’s request and suggested she provide additional documentation to establish when the home became uninhabitable and was vacated (utility disconnects, etc.).
- On March 27, 2020, Swihart supplied a letter from NIPSCO dated March 11, 2020 regarding the date when utility service to the property was terminated.
- The account is current as of May 20,2020 and all debts other than the failure to connect penalties have been paid.
- The lien for $1149.50 has been paid.
- Parke Smith made a motion to waive $21,370.00 in failure to connect penalties. The motion was seconded by Bob Marcuccilli and was carried by a roll call vote of:
5 Yeas (Kurth, Marcuccilli, Mitchell, Smith, DeWald)
1 Nays (Haney)
0 Abstain
Revisions to Bad Debt Resolution Ordinance 2019-02
- At the request of the LRSD Board, Carson (LRSD Legal Counsel) presented proposed modifications to the existing Bad Debt Resolution Ordinance to provide more flexibility to the board on a case by case basis. Jim Haney made a motion to adopt the proposed changes for Bad Debt Resolution 2020-02. The motion was seconded by Sue Ann Mitchell and was carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
Other Items That May Come Before the Board
- Jim Haney asked the board if there was board consensus to not entertain general requests to connect to the system for properties not within district boundaries, but that fall within the new Tippecanoe-Chapman Regional Sewer District. The general consensus was to not accept requests as a matter of practice, but only consideration made when all parties are involved, and an agreement is reached.
- The board requested an update as to notification of the locate service company that had caused previous damage to LRSD property. Andy Boxberger (Carson) will follow-up.
Public Q & A
- There were no public comments, and the session was closed.
Adjournment
- Motion to adjourn the meeting at 7:12 PM was made by Mike DeWald, seconded by Parke Smith, and was carried by a roll call vote of:
6 Yeas (Haney, Kurth, Marcuccilli, Mitchell, Smith, DeWald)
0 Nays
0 Abstain
Parke Smith, Secretary