6 July 2023- DCRSD Board Meeting Notes
Steve Renihan - President, Brett Fehrman - Vice President, Russell Beiersdorfer, Bill Shelton, Jeff Stenger, Doug Baer arrived at 5:10 PM) and Steward Cline
ABSENT: Doug Baer
Board Attorney - Frank Kramer
Also present: Commissioner Rick Probst, Commissioner Jim Thatcher, Bob Hrezo and Christy Harlan of Hrezo Engineering, And Tamara Taylor, Bright Beacon.
Title VI statement read as legally required by Renihan.
Minutes- from June 15 were approved.
Because I did not attend the previous meeting I am reprinting the official minutes for June 15th here.
DEARBORN COUNTY REGIONAL SEWER DISTRICT JUNE 15, 2023 5:00 PM
Roll Call: MEMBERS PRESENT: Brett Fehrman –Vice President & Secretary Doug Baer, Environmental Health Bill Shelton, Building Commissioner Jeff Stenger Steward Cline
ALSO, PRESENT : Bob Hrezo, Hrezo Engineering Jim Thatcher James Pessler Marcia Peters
Brett Fehrman, Vice President, Reading of the Voluntary VI Public Involvement Survey. As a recipient of federal funds, and in the support of Dearborn County’s efforts to ensure nondiscrimination and equal access to all citizens, the county gathers statistical data regarding participants in county activities. Therefore, we have provided a Voluntary Title VI Public Involvement Survey at this meeting. You are not required to complete the survey. However, the form is anonymous and will be used solely for the purpose of monitoring our compliance with Title VI and ADA. MINUTES
June 1, 2023 minutes were approved. Jeff Stenger made the motion to approve the minutes from June 1, 2023. Seconded by Doug Baer. All in favor. None opposed. Motion carries.
TREASURER'S REPORT Spoke about approved budget. Doug Baer recreated an Excel sheet and sent it to Katrina McIntosh at Boggs and Race. Motion made by Doug Baer to approve Treasurer's Report. Seconded by Jeff Stenger. All in favor. None opposed. Motion carries.
PUBLIC COMMENT: Marcia Peters reporting they are online. The tank was removed. Doug Baer will follow up with answers about old tank. The Peter’s wanting their Certificate of Occupancy to apply for homestead. Will release after Doug and PNZ are satisfied Oum’s from State Line Rd also checking in with the district reporting progress
PROJECT UPDATES:
GUILFORD: Mr. Hrezo gave copies of preliminary plans to the board. Survey is to be reviewed at the next meeting. The option to purchase has a deadline of August. The board discussed Planning and Zoning to review the survey, Rosemeyer to sign plan to purchase, and get recorded. Frank needs survey approval and approval of purchase. The size of the plant was discussed and a confirmation is needed at the next meeting. Christy Harlan is to bring actual copies of the ARPA application to the next meeting.
HIGHRIDGE WWTP: Highridge plant needs more capacity. It needs to be expanded to Mt. Tabor, trailer park, and Texas Gas.
TEXAS GAS ROAD PROJECT: some connections have been inspected. There is more room on the line for additional homes built. Round Barn is connected.
WILSON CREEK PROJECT: Nothing to report.
HUESMAN RD & COLE LANE: Nothing to report.
WEST HARRISON TIF/STONE TRUST UPDATE: Nothing to report.
SCENIC RIDGE/148 SEWER/OUTER DRIVE: Nothing to report.
STATE LINE RD: Nothing to report.
SERENITY RIDGE, TRANQUILITY COURT: Nothing to report.
MOORES HILL: ARPA application to be reviewed to help Moores HIll.
DILLSBORO-LAKE DILLDEAR: Discussion on bulk rate, plant options. Discussion of Lake Dilldear lines being big enough for all the lots and meeting zoning commitments.
NORTH HOGAN RD ISSUES: Project complete.
NEW BUSINESS: Mr Frank Kramer approved Sarah's parting gift. Motion made by Jeff Stenger to buy Sarah Bales-Struble a gift card in the amount of $250.00. Seconded by Steward Cline. All in favor. None opposed. Motion carries.
Mr Frank Kramer expressed concerns of troubled sewage areas not being served by a private entity.
Commission Jim Thatcher said all options are on the table and they will do what is best for the county.
Bill Shelton discussed the signature page from the May 18th meeting.
Steve Renihan has the signature page and a copy will be given to Connie Frondorf.
2003 Wolpert Study was conducted. Discussion of updating the study and having a 7 year plan looking ahead.
CLAIMS: Jeff Stenger made the motion to approve the claims. Seconded by Brett Fehrman. All in favor. None opposed. Motion carries. Billing adjustments were approved. Mr Jeff Stenger made the motion to approve billing adjustments. Seconded by Bill Shelton. All in favor. None opposed. Motion carries.
DISCRETION OF CHAIRMAN: Nothing to report.
ADJOURNMENT: Stewart Cline made a motion to adjourn at 6:17 PM. Seconded by Doug Baer. All in favor. None opposed. Motion carries.
END of Official July 15th minutes.
Treasurers Report- will be handed out at last meeting of the month.
Public Comment:
Rich Middendorf- 22421 Georgetown Rd- and 22431Georgetown Rd- close to Stateline Rd. - asked about having an extension of sewer to his address and see if the county can help facilitate this or have money to extend. Renihan said they will investigate this to see if VRUC might be able to serve with an interlocal agreement like they did with another neighbor near him. Stenger and Fehrman pulled up the maps to see where he was exactly. Cline wanted him to be sure to know that DCRSD won’t pay for any of this, but will check into the territorial issues so he might be served as a lateral or an extended main. He will be back at their next meeting.
Barnes and Thornburg Engagement Letter Discussion
Renihan had emailed the board copies of the letter-
Jake German- works in Public Services and Finance office of Barnes and Thornburg- working with the county almost a decade now. This is a standard engagement letter- we have 26 offices with the largest I’m Indy. I am ONE of a team of attorneys and paralegals etc. Works with local governments all over the state. In my dept. there are individuals that have various skills and experience that will work also with environmental law. Financial, capital expenditure, etc- will work to present some of the options that are open and possible. If there is any implementation or work on that ewe will assist the board on that. Wabash College and IU Law school is his education.
Frank Kramer- comment on the schedule of fees? German- will send that down to them to see the fees. They want to find a fixed or flat fee so they can have more comfort in the costs.
Renihan- We have been approached by a company that can do maintenance all the way up to purchasing us. There is a comfort from teh commissioners as they signed the agreement. The money os coming form the commissioners.
Stenger- Based on interlocal agreement we signed with the commissioners I don’t know why the Commissioners signed this- we should have sent out a request for this with a specific scope of services. This has a broad scope of services with an NTE.
German- The first thing is there is a termination clause here. We are not forcing any long term engagement. There are a lot of bodies of law that come into play on this possibly. IURC and IDEM will have roles in this.
Stenger- we need to discuss ourselves what we want.
German- The piece I think is missing - I don’t think the board can make an informed decision unless you know what constraints are in your situation. You may have 3-7 options.
Renihan- there is an organization that tis buying out another sewer company and there might be economies of scale and we should ask about those options. There are major sewer issues in the county.
Cline- How do we have high quality services at reasonable prices for the unincorporated area of the county.
Renihan- wants to explore the options.
Stenger- I don’t want it narrowed to one company. We want to see other options.
German agrees with that
Fehrman- we worked with Parvin Price in years past and can he be involved?
German- Oh yeah- The Mustache Prince- he’s available- but more “of Counsel”now. and Rick Hall and Brian Burdick.
Beiersdorfer- I’d like to see it in black and white what rates we will pay. Commissioners are paying- but it’s taxpayers- our- money.
German- I don’t want to run up a big bill- keep costs low and you pick the option and then we hopefully will continue to help.
Stenger- Are we providing you with the options ? Or are you?
German- I’d say both- you have 2 options so far that you mentioned. Operations by this company pr owning it as a private entity. I think there will be a couple other ideas that will come out of this. Maybe IDEM will know of other options that they’ve seen. Maybe theres a phase out plan. You mentioned dividends- not sure how that works. I’m YOUR lawyer.
Baer- I need to know- Stenger said there could be other companies. I don’t want people to get the impression that we are looking at one person and one company. There should also be an option of doing it ourselves, etc. This letter does seem to be looking at the one company option.
Renihan - again wanted to have them vote.
Cline- motion to accept this letter tonight and we scope out paragraph A so they know where to start.
Beiersdorfer- 2nded it.
Fehrman- maybe we will need an executive session eventually. We are pulling the trigger to search for viability.
Stenger- I agree that we are going to spend money when we sign this.
German- we can make effective date later like August 1st.
Stenger- I trust the firm and impressed with German’s presentation - but I did not want to sign this from a business perspective without the fees.
Passed- 5-2 with Stenger and Fehrman nay.
Barnes and Thornburg Engagement Letter is reprinted here:
11 S. Meridian Street
Indianapolis, IN 46204-3535
317-236-1313 317-231-7433 (Fax)
Jacob A. German (317) 231-7538
Jacob.german@btlaw.com
June 25, 2023
Dearborn County Regional Sewer District c/o Steve Renihan,
President 165 Mary St. Lawrenceburg, IN 47025
Dearborn County Commissioners c/o Jim Thatcher, President
165 Mary St. Lawrenceburg, IN 47025
Re: Project Evaluation Counsel
Dear President Renihan and President Thatcher,
Barnes & Thornburg LLP (the “Firm”) is very pleased to serve as counsel to the Dearborn County Regional Sewer District (the “Client”). I am enclosing the Firm’s Standard Terms of Engagement for Legal Services setting forth the standard terms upon which the Firm accepts client engagements. The Firm’s engagement by the Client in this matter will be governed by these standard terms to the extent not expressly modified by this letter.
FEE FOR SERVICES Barnes & Thornburg LLP will perform the services described below based on the following: During the initial phase of the work, the Firm will perform the services in conjunction with our hourly rates. The initial phase shall consist of reviewing available options presented to the Client by a private sewage treatment operator, discussing the legal ramifications of each decision, and advising the Client on any other questions that arise during the initial information gathering stage and evaluation.
As soon as the initial phase of the project is completed, the Firm, in conjunction with the Client and the county commissioners, will provide a fixed or flat fee for the remainder of the work. The remainder of the work will be determined by the decision of the Client during the initial phase. Our fees for the initial phase of this matter will be based on the hours actually worked by each lawyer and legal assistant involved in this matter. These fees will be computed using the hourly billing rates for the lawyer and legal assistant that are in effect at the time you are billed for the work. Generally, our billing rates vary in accordance with experience and seniority of the lawyers and legal assistants performing the services. Our billing rates are adjusted annually, typically in December. Our fees will be billed on a monthly basis and are due upon receipt.
SCOPE OF SERVICES
The Firm will assist the Client with high level legal services pertaining to regional sewer districts, including reviewing and advising the Client concerning all options presented by a private sewage treatment operator.
CONFLICTS OF INTEREST
Loyalty is an essential element to a lawyer’s relationship to a client. As a general proposition, loyalty to a client prohibits undertaking representations directly adverse to that client without the client’s consent. Loyalty to a client is also impaired when a lawyer cannot consider, recommend, or carry out an appropriate course of action for the client because of the lawyer’s other responsibilities or interests; the conflict in effect forecloses alternatives that would otherwise be available to the client. Under Rule 1.7 of the Indiana Rules of Professional Conduct, the Firm is precluded from representing a client if the representation of that client involves a concurrent conflict of interest; that is, where representation of one client will be directly adverse to another client, or where there is a significant risk that representation of one or more clients will be materially limited by the Firm’s responsibilities to another client, a former client or third person, or by personal interest.
Despite that standard preclusion, the Firm may nonetheless represent a client where there is a concurrent conflict of interest if (1) we reasonably believe we will be able to provide competent and diligent representation to each affected client, (2) the representation is not prohibited by law, (3) the representation does not involve the assertion of a claim by one client against another client represented by the Firm in the same litigation or other proceeding before a tribunal, and (4) each client gives informed consent, confirmed in writing. The Client is aware that the Firm represents the interests of other persons and entities before various legislative, executive, and administrative agencies at the local, state, and federal level.
In addition, the Firm represents a broad spectrum of clients in many different industries and matters. Some of those clients also look to the Firm as their general counsel. In addition, because of the Firm’s size, and as the Client might expect, we have lawyers and non-lawyer lobbyists with many different views and philosophies. Some of the Firm’s lawyers and non-lawyer lobbyists are from time to time involved with the political process for various candidates and causes, sometimes interests which are directly adversarial.
Thus, as a condition of the Firm’s undertaking this engagement, the Client must agree to waive all legal, business, and political conflicts which exist or may arise as a result of the Firm’s representation of the Client and any other person or entity. The Firm reserves the right to withdraw in the event an unavoidable conflict should arise.
Client should know that, in similar engagement letters with many of the Firm’s other clients, the Firm has asked for similar agreements to preserve its ability to represent the Client. It is important from the outset of our relationship that the Firm has a clear understanding as to the identity of the Firm’s client. The Firm’s only client in the matter is the Client. The Firm can only undertake this engagement on the express understanding that for conflicts and other purposes, the Firm only represents the Client; the Firm does not represent any other officers, individuals, members, employees, affiliates, or other units of the Client. The Client acknowledges and agrees that the Firm, and other clients described in the preceding paragraphs, will be undertaking representation of such clients in reliance on the Client’s consent.
Should the Client at some later time wish to revoke consent, the Client agrees that the method for doing so shall be by terminating the Firm’s representation of the Client at that time, and that such revocation will not require Barnes & Thornburg LLP or its attorneys to discontinue representation of such other clients.
TERMINATION OF SERVICES
The Client may terminate this engagement at any time simply by notifying the Firm. The Firm may terminate this engagement for nonpayment of our fees and other charges and where we are required or permitted to do so by the Rules of Professional Conduct after giving the Client reasonable notice and allowing time for the Client to engage successor counsel, if necessary. Upon termination of this Agreement by either party, the Firm will be entitled (i) to retain all sums previously paid; (ii) to payment of all outstanding unpaid invoices; and (iii) to payment for services through the date that the Firm received notice of termination upon receipt and approval in accordance with this agreement of a statement covering such services.
GENERAL
Rick Hall, Brian Burdick, and I will assume primary responsibility for ensuring that the Client’s needs are satisfied. Under my supervision, the Client’s work or parts of it may be performed by other lawyers and legal assistants in the Firm. This delegation may be for the purpose of involving lawyers or legal assistants with experience and knowledge in a given area or for the purpose of providing services on the most efficient and timely basis. Whenever practicable, the Firm will advise you of the names of those lawyers and legal assistants who work on the Client’s matters. In connection with this engagement, we agree that Barnes & Thornburg LLP is enrolled in and will verify the work eligibility status of all newly hired employees through the Federal EVerify program (unless and until the E-Verify program no longer exists). This confirms that Barnes & Thornburg LLP has signed an affidavit stating that it does not knowingly employ an unauthorized alien. The Firm can provide a copy of that affidavit to you upon request.
CONCLUSION
If this letter accurately sets forth the engagement and the Client’s understanding, please so indicate in the space provided below and return a signed copy of this letter to me. We ask the Client to acknowledge that, in reviewing and executing this letter, the Client has not relied on any advice provided by the Firm, but instead has acted solely in reliance upon the advice of other counsel. I look forward to working with you on this matter. If you have any questions, please call me.
Sincerely,
Enclosure
Jacob A. German
AGREED AND ACKNOWLEDGED: DEARBORN COUNTY COMMISSIONERS
By: Printed: Title: Date:
AGREED AND ACKNOWLEDGED: DEARBORN COUNTY REGIONAL SEWER DISTRICT By: Printed: Title: Date:
PROJECT UPDATES- 6 PM
Guilford- Land has been purchased and survey is being recorded in the next day or two. The railroad people ?? Board should not write the check until all the entities are recorded and railroad and easements are ready etc. It needs to look good to Frank Kramer. Then we will write a check to the landowner for the property. Rosemeyer is the owner they are buying from. The location is at Pella Crossing- It’s the same driveway that goes to the gas mains. Its a little over 6 acres. Two other locations were shot down.
A man was present who wants to be served by this. 20833 SR 1 immediately north of the Fire House. He could get an easement from the Fire House. The main line is on the park side of Yorkridge. DCRSD can investigate this. They have a buyer who wants to add the house and barn to the sewer. He was advised to attend the meetings if he wants to keep working on it.
James Pessler- 4946 Main St Guilford, -Another question about flood plain and whether they will service those homes. They thought they needed to have Nicole Daily come and answer that set of questions. Also FEMA rules say you need to be 2 ft above etc. per Stenger. So Planning and Zoning has those rules.
Guilford has trouble with storm drains and culverts that are not cleaned also. Sump pumps won’t be hooked up to sewage. They can smoke test for these.
Christy needs to know what the gallons per day are on the plant. There was discussion to look at the ARPA funds. We were told to go big on this to have enough for the future.
Renihan said ARPA committee wanted the Guilford and Lake Dildear projects. We wished we had gone bigger at High Ridge. If there was money left over ARPA could maybe help with Moores Hill too.
Renihan- ARPA - they asked if we cold go higher- $600,000 more to go to 100,000 gal.
Stenger-Mr. Chaffee can tell them what the most efficient number might be for the money.
Email ARPA to get an answer about what money we have available.
Cline- Would like to see costs both ways before we engineer the design.
Christy will get that for them by next meeting
She also told them about an area they have not accepted yet- This line was televised and has lots of issues. Seals never seated in the line. Never want to use that contractor for our projects. 8 lots back there. We cannot accept the line unless fixed. Gone on for 10 years - Pear Lane?
High Ridge WWTP- High Ridge West Expansion - Texas Gas Rd
Wilson Creek Project
Huesman Rd and Cole Lane
W Harrison TIF/Stone Project-
Scenic Ridge/148 Sewers /Outer Drive
Stateline Rd
Serenity Ridge Tranquility Court
Moores Hill
Dillsboro- Lake Dildear- Cline reported - having a meeting week of July17 and a straw poll at town meeting and town is 100% behind the project. Hope to have this clarity for next meeting. Meeting Tuesday of that week so Brett Fehrman can attend. Watson will be there too and reps from the town.
Other Issues- Doug (Operator of DCRSD plant) -report- Pine Run Mobile Home park- said he had pump issues and he’s getting numbers in addition to the $8,000. They have added 2-3 houses. We need to repair. If they did the damage- then maybe they can help pay for sand in the lines.
Mt Tabor Court -Doug did some releases there as pressure issues. Have to bill Ashcroft maybe.
Talked to Wilkes and they are buying pumps .
Office Update- none
Claims- approved and also approved billing adjustment.
Comments:none
Adjourned - 7:00 PM
Christine Brauer Mueller
Lawrenceburg Township
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