4 September 2008 DCRSD Meeting Notes

The following notes are provided in an effort to provide a summary record the transactions of the meeting without editorial comment, except clarification of events or issues.

4 September 2008 DCRSD Meeting Notes

Present: Chairman, Dave Enzweiler, Barry Pruss, Rodney Dennerline, Brett Fehrman and Steve Renihan. John Maxwell was absent, the seventh board position has not been filled.Also Present: Benning, Executive Secretary; Tom Quinn, Quinn Engineering; Frank Kramer, Board Attorney; Terry Klenest(sp?), Lischge, John Ziedan, Jerry Jacobsen; and Ralph Thompson.

Bryan Messmore arrived later, left shortly after arriving.

Meeting started at approximately 7:00 PM in the Commissioner's Meeting Room. The meeting was NOT recorded.

Meeting Notes

Meeting Notes for August 21, 2008 approved.

Treasurer's Report
County Study Account $ 49,914.42
High Ridge Account $106,236.58
Aurora Debt Service Account $ 4,490.00
Sewer District Savings Account $ 2,423.02
Serenity Ridge Account $ 20,455.79

Special Requests
Terry Klenest(sp?)
Mr. Klenest(sp?) wanted to talk about sewers in Hardintown. Greendale told him they need a letter from DCRSD for him to get sewer. Greendale already has a sewer line in the area. The Board approved giving him a letter. Kramer will check with Richard Butler for format and protocol.

Serenity Ridge
Nothing to report

West Aurora Project

Quinn indicated he had done nothing as yet and presented a contract for design services (only) to the Board. There were questions about the scope of work and a missing Notice to Proceed form. Quinn indicated the contract was only for work to provide a submission of plans to IDEM. Bid and construction services were not included.
Enzweiler indicated they needed a total cost from beginning to end. Quinn indicated he needed price from Hrezo for his services.

When he heard that, Dennerline said that the Health Department was 'between a rock and a hard place' and may have to start proceedings soon. Some member of the sewer board (DCRSD) called IDEM. The Health Department will have to act. Enzweiler still wanted all the costs. Dennerline ask if the lagoon cleanup would be part of all the costs. He said they are in bankruptcy, don't buy it and it will go back to state.

Renihan asked who called IDEM. Dennerline said that when you call IDEM in an election year, it forces the Health Board to act. DCRSD has to act. Fehrman indicated that as long a s DCRSD doesn't take a position.....

Kramer stated that Draper won't deed any land till DCRSD cleans the lagoon. Enzweiler said he (Draper?) came to him after the meeting.

Renihan asked if they are in bankruptcy is there a place for the plant?

Kramer said the deal for the land depended on the lagoon.

Renihan indicated not to do anything until IDEM told them (DCRSD) what to do.

Dennerline stated they promised (Lynn) Newlon (IDEM), they would fix the problem. Have to stop the effluent.

Kramer said we need to know what's going to happen. Quinn asked if cleaning the lagoon is part of the solution?

There was a discussion of what that might cost and whether Council would OK money for cleanup.

Kramer said they needed a letter from IDEM. Dennerline asked if they were in bankruptcy, how could they give the land? There was a discussion about how to find out if they were in bankruptcy and Kramer wasn't sure they were in bankruptcy. Enzweiler directed Kramer to find out.

Enzweiler asked how to clean it (the lagoon), drain it, fill it, pump it? Someone suggested pumping the lagoon through the new plant (this is not a good idea! Even SDRSD did not want to accept the sludge from the lagoon in the previous meeting notes.)

Dennerline want to stick with the package plant and didn't think the lagoon should be their problem. Kramer stated he (Draper) was not willing to deed land till they solved the lagoon. He also suggested talking to Lischge in the audience.

Renihan restated proceed to submit plans and let IDEM tell DCRSD what to do. Kramer stated they were opening a can of worms. Renihan wanted to proceed to submit plans and install the plant and worry about the lagoon later. Quinn said IDEM could make it a condition of the permit approval.

Fehrman said DCRSD cannot take on responsibility for the cleanup. There ensued a discussion with several people talking about the lagoon and whose responsibility it was, whether DCRSD should stay away from the whole problem and how the cleanup costs would be very high. Dennerline indicated they can't go to Council till they have plans. Kramer said there are 2 problems - land acquisition and IDEM permits.

Renihan moved to move forward with the plans and go for permit. Kramer said they don't have the land!

Dennerline seconded the motion. The Health Department will send the letters to everyone on the road, that they are contributing to the pollution. Then they will be brought before Judge Humphrey, who will tell them to abate the problem. After 60 days he will access a $25 a day fine. When asked what then, Dennerline wouldn't say in the meeting. "Hard ball."

Enzweiler suggested listening to Kramer and get the answers. Pruss asked if IDEM would stop them from solving the problem (effluent continuing to flow).

Kramer stated they needed to find the total cost of the project. It could be not economically feasible to fix. And we cannot tell the owners their cost till we know our own. Need to find out the cost and determine the rates and where the money is coming from
.
Pruss said the other choice is to condemn the houses. If IDEM won't let the plant proceed, what choice is there, raw sewage? Renihan reiterated go fix the plant and deal with the lagoon later.
Fehrman asked if they can continue with the land acquisition. He wanted IDEM to tell them what to do.

Kramer said they need to know the costs before hand to place the plant and pump the lagoon and cosmetically fix the lagoon. (Note: If the plans are developed and IDEM requires the lagoon to be cleaned and the cost is too high, the $22,000 design fee will have been wasted.)
Quinn said IDEM won't let it go through. Dennerline - won't pay Quinn if the project doesn't go ahead.

Enzweiler said we need numbers and asked Thompson for an opinion. Thompson said listen to your legal adviser. The next Council meeting is in November, you have time.

Fehrman asked about contingencies. Dennerline: "Contingent on the land."

Enzweiler indicated "We don't know the costs, we're wheelin' and dealin' and we don't know the costs. Had 54 homes (for the previous cost) then, not current now. Too many issues to design the plant and not have plans to do it." " We jump into it and hit the wall. If it can't wait one one year, it won't get done."

Enzweiler took the vote: Renihan and Dennerline voted aye and Fehrman and Enzweiler voted no. Pruss indicated in a year they (the houses) may be gone. He voted Aye with contingencies. There were several overlapping comments about the vote.

Enzweiler indicated to proceed. (Note: There were only two Ayes, Pruss voted Aye with contingencies, which is different than the motion and the Quorum for the Board is four!).

John Ziedan was asked to speak. He said looking from the outside in one could see the picture better.
There followed a discussion with Ziedan and the board members on the costs, hidden costs and how the costs were to high for Ziedan to tie in unless DCRSD brought sewer lines over to his side of the highway. Ziedan suggested having the Advisory Committee again.

After the discussion Enzweiler directed Kramer to proceed with land acquisition with Draper.
Lischge suggested checking the record on the bankruptcy or will they file bankruptcy if the costs are too high. He wanted it cleaned up.

Kramer said we're not going to get agreement without the lagoon.

Dennerline wanted to correct the last meeting minutes that Draper owned the property not DeVille, in case there was any correspondence. There ensued a discussion as to how to change the minutes and exactly what should be in the minutes or if they should be changed.
Dennerline said they needed a title search to find if Draper can give them title to the land. A discussion followed about how to find out the land status and how to conduct a title search and where to look. And the status of the easements.

Kramer stated that Lischge was invited and suggested he be allowed to address the board.
Lischge was interested in hooking up; but, said it depended upon how much it would cost, actual monthly fees. He wouldn't want to pay thousands. He understood he would have to cover the hook up; but, wouldn't want a huge cost. He would have to see.

Pruss asked if he wanted the plant on his property.

Dennerline said they needed to get the costs to $100 to $110, otherwise we couldn't afford to proceed. Ziedan said if it were on his side he would hook up, there is no way for him to cross.
Fehrman suggested looking at alternate sites. Put it elsewhere and let IDEM force Draper.
Someone asked Lischge if he wanted to donate some land for the plant? (no response.)


New Business
None

Claims
None

Benning included a copy of the Newsletter from the Indiana Association for Regional Sewer Districts for information of the board members, especially for the list of potential legislation.

Enzweiler directed Kramer to proceed and said he had nothing else.

Kramer
Kramer contacted the association regarding the procedure to shut off users, who don't pay. IDEM does not control shut offs. Most of the Association members don't have a policy. Three do. He will contact them for a copy of their ordinances and procedures.

Dillsboro won't shut them off. There is a device - a bubble valve - to shut off the sewers. With the cooperation of the Health Department they can shut them off. There should be penalties and costs to reconnect.

Enzweiler said where he works when they won't pay, they cut off the water.

Dennerline said that's what Lawrenceburg, Greendale and Aurora do. If they won't allow us to do that, do the "ballooning". "About two days off, they'll have sewage in their basement."
Enzweiler thought the Health Department would stop them. Dennerline said they gotta pay their bills.

Next Meeting
Benning asked if there would be another meeting this month.
There was a discussion as to how long a title search and other activities would take and it was decided the next meeting would be October.


Fehrman asked about the problem at Highridge (the sewage not reaching the lagoon and leaking on the ground at the pipe break on a home owner's property). Dennerline said they 'gotta' get permission and the Health Department could not condone it. He asked about the video (video camera in the sewer lines).

Quinn said if they wanted to video the line they would have to clean it first. Enzweiler said it was a waste of money and not to do it.

Dennerline can't condone fixing the pipe because it's Draper's and it's his to fix.
Enzweiler wanted to send or have the Health Department send a letter directing them to fix it.
Dennerline stated the HD can't. It is illegal to do, because they would be restoring an illegal discharge. They can send Doug out to say it would be nice to fix. IDEM revoked their discharge permit. And to order restoration of an illegal discharge would be an illegal act.

There was discussion as to where the break was and on whose property and if anything could be done. No result came out of the discussion.

Adjourned at approximately 8:20 PM.

Ralph Thompson
Washington Township