October 21, 2020 Minutes

October 21, 2020 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, Joe Cleland, Sue Ann Mitchell, Bob Marcuccilli
  • Absent: Frank Kurth

Report of Meeting Notice

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

Approval of Previous Minutes

  • Parke Smith presented the September 16, 2020 regular meeting minutes.  Mike DeWald made a motion to approve. The motion was seconded by Joe Cleland and was carried by the voice vote of:
    • 4 Yeas
    • 0 Nays
    • 2 Abstain

Treasurers Report and Other Financial Matters:

  • Mike DeWald reviewed the financial reports.  Mike noted the following:
    • Receipts were higher than last month, in part due to some late arriving receipts that came in after last month had closed.
    • Operating expenses were not unusual.
    • There were equipment sales of $5,910.
    • The ending balance was $1,623,350.
  • Jim Haney 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 Parke Smith and was carried by the voice vote of:
    • 6 Yeas
    • 0 Nays
    • 0 Abstain
  • Mike DeWald also presented the Monthly Cash Budget, the Accounts Matrix, and the CD Schedule.  Mike noted:
    • Collections were ahead year to date by $25,955.
    • Lien receipts were unbudgeted and at $113,748.
    • Interest income is $3,589.
    • Total receipts are ahead of budget by $154,624, partly due to liens collected.
    • Expenses were over budget by $11,385, partly due to unanticipated property owner refunds.
    • Mike noted that an invoice from Carson in the amount of $1000 for a mass mailing was paid last month without LRSD Board approval.
    • Jim Haney made a motion to approve invoice 120092 for payment to Carson in the amount of $1000.  The motion was seconded by Sue Ann Mitchell and was carried by the voice vote of:
      • 6 Yeas
      • 0 Nays
      • 0 Abstain
    • Mike also noted that he is currently in the process of transitioning bill payments to electronic transfers, where appropriate and possible, to reduce costs and increase efficiency.
  • Mike DeWald made a motion to approve the monthly claims report in the amount of $48,549.53.  Jim Haney also noted that the cost of lien filings is not a district expense, as it is added to the customer bill.  The motion was seconded by Sue Ann Mitchell and was carried by the voice vote of:
    • 6 Yeas
    • 0 Nays
    • 0 Abstain

Astbury Monthly Report

Donn Neff provided a written report to the board prior to the meeting and attended in person.  Donn noted:

  • Lake Estates Power Issue
    • Quotes are still being collected.
    • Negotiations for a potential joint solution is ongoing with NIPSCO and REMC
  • Check Valves
    • All planned check valve replacements are at, or nearing, completion.
  • Damaged Lateral Line
    • The lateral line at 14 EMS B9 was likely damaged during installation.
    • The lateral will need to be replaced and moved to avoid potential issues with a nearby county drain tile.  Moving the lateral will require a signature from the property owner.
    • There was some discussion as to which party should be responsible for the repair costs.  Jim Haney requested DLZ to review their work records at the time of the installation and report back.

East Webster Lake – Ken Jones, Sr.

Ken Jones of JPR presented a preliminary investigative report for East Webster Lake wastewater collection.  Ken provided the following:

  • JPR has been working with the homeowner group since 2019.
  • There is a current pipe that runs from Knapp Lake to the Town of North Webster Wastewater Treatment Plant.  The pipe runs close to the northern part of the East Webster Lake project and has available capacity.  However, the Knapp Lake Conservancy District regulations prohibit direct access to the East Webster project.  In addition, the project area is not part of the Town of North Webster jurisdiction.
  • JPR is in the process of exploring interest from the other Regional Sewer Districts in Kosciusko County to participate in the project.  The Tippecanoe/Chapman Lakes district and the Turkey Creek district have both declined.
  • Jim Haney made a motion to respectfully decline interest by the LRSD in this project.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 6 Yeas
    • 0 Nays
    • 0 Abstain

Use of Collection Agencies

  • Andy Boxberger confirmed a willingness by Snow and Sauerteig to engage with LRSD for collection services.
  • There was discussion among board members as to which accounts should be referred for collection and whether Failure to Connect Penalties should be included in the collection amounts.
  • Jim Haney made a motion to engage Snow and Sauerteig to pursue uncollected accounts.  The motion was seconded by Mike DeWald and was carried by the voice vote of:
    • 4 Yeas
    • 2 Nays
    • 0 Abstain
  • Further discussion was had regarding which accounts and amounts would be referred in the collections process.
  • Jim Haney made a motion to send the list of 26 current uncollected accounts, excluding Lackey (billing error) and Green (refund owed) and excluding Failure to Connect Penalties for Towne ($34,170), Nosich ($25,225), Radziminski ($4,445), and Sellers ($3,300).  The motion was seconded by Parke Smith and failed to carry by the voice vote of:
    • 3 Yeas
    • 2 Nays
    • 1 Abstain
  • There was additional discussion among the board regarding next steps, given the results of the previous motion.
  • Sue Ann Mitchell made a motion to table any further decisions regarding what accounts and amounts to refer to the collections process until there is a full board present.  The motion was seconded by Bob Marcuccilli and was carried by the voice vote of:
    • 5 Yeas
    • 1 Nays
    • 0 Abstain

Property Owner Connection Status

  • Greg Gear reported no changes in the total number (8) of unconnected properties.
  • Four of the properties were offered at tax sale.
  • One property is listed as a foreclosure/mortgage sale.
  • One new construction permit was pulled.

Resumption of Failure to Connect Penalties

  • In the September 2020 meeting, the LRSD Board voted to continue to suspend Failure to Connect penalties until such time as the Governor of the State of Indiana issued Stage 5 of the State Reopening Plan.  The Governor issued a Stage 5 announcement on September 26.
  • The board resumed the conversation about how to address Failure to Connect penalties, given the current status of 8 unconnected properties and the amounts of penalties assessed to date.
  • Parke Smith made a motion to continue to suspend Failure to Connect penalties until the November 2020 LRSD board meeting.  The motion was seconded by Bob Marcuccilli and was carried by the voice vote of:
    • 5 Yeas
    • 1 Nays
    • 0 Abstain

Rate Ordinance Update – Subdivision Control Ordinance and Metered Campground Rate

  • Jim Haney reported that there is ongoing discussion regarding potential rate changes for the metered campground rate as a result of the most recent rate study and other available usage data.
  • The Subdivision Control Ordinance preliminary work has been completed, which will require a change to the Rate Ordinance.
  • The board decided that it would be most efficient to propose any changes to the rate ordinance to include both the potential new metered campground rate and the subdivision control rate.  The board will initiate that proposal once both potential rates are known.

Kosciusko Drainage Board Notice

  • Jim Haney informed the board that the Kosciusko Drainage Board will be proposing new assessment rates at a hearing on October 22, 2020 that would double the current LRSD rate from $5 per EDU to $10 per EDU.  This change would result in a total increase to LRSD from approximately $9,500 to $19,000 per year.
  • Jim Noted that other property owners (not within LRSD jurisdiction) would be paying approximately $35,000.  Jim also noted that there is language in the proposal that may cap payments once a collection threshold has been reached.
  • Jim plans to attend the hearing and report back.

Other Items That May Come Before the Board

  • Astbury presented a request to purchase and install a cell booster in the wastewater treatment plant to increase cell reception and potentially reduce missed calls from property owners.
  • There was some discussion as to which fund should be used for the purchase and whether this should simply be considered as part of the operation and maintenance budget.
  • Jim Haney made a motion to authorize Greg Gear to purchase a cell booster for an amount not to exceed $700.  The motion was seconded by Parke Smith and was carried by the voice vote of:
    • 5 Yeas
    • 1 Nays
    • 0 Abstain

Public Q & A

  • Ralph Marcuccilli (Big Barbee Lake) commented on a neighboring property which has fallen into significant disrepair and currently has a substantial lien from the LRSD.  The property owner is recently deceased, and the future of the property is unknown.  Mr. Marcuccilli expressed interest in helping clean-up the property.
  • Jorge Santiago (Little Barbee Lake) inquired about the possibility of having a traffic rated cover placed on his grinder because of the proximity to the road and his concern that vehicles may drive over it.  Mr. Santiago said that he requested a traffic cover in the initial stages of installation, but one was not installed.  He further stated that he would be interested in purchasing the cover himself, but the cost is prohibitive.  The board directed Greg Gear to obtain the “as built” data for this grinder from DLZ, gather additional information regarding its proximity to the road and placement within the homeowner’s property.

Adjournment

  • Motion to adjourn the meeting at 8:47 was made by Mike DeWald, seconded by Bob Marcuccilli, and was carried by the voice vote of:
    • 6 Yeas
    • 0 Nays
    • 0 Abstain

Parke Smith, Secretary