City of Bloomington, Indiana Utilities Service Board, 6 Jul 2020

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From YouTube: Bloomington Utilities Service Board, July 6, 2020

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meeting agenda: https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=6515

A

B

It's five o'clock: I'm gonna go ahead and call.

B

uh Tonight's uh meeting of the utility services board to order.

B

First on the agenda, we have approval of the minutes from.

B

Our previous meeting and uh are there any any discussion about that.

B

Or any changes to the minutes.

B

All right seeing none, then, is there a motion to approve the meetings from our.

B

B

And okay amanda seconds and uh latrina, can you please call the.

B

Roll sure bannock, yes,.

C

Thurman, yes, eamonn, yes, burnham, yes, kepler.

C

Yes, parmenter, yes,.

B

All right so minutes are approved uh next up. We have approval of the claims.

B

uh First up is standard invoices in the amount of one million.

B

Eight hundred and thirty five thousand one hundred and fifty one dollars and.

B

Fifty cents are there any questions or comments on.

B

B

Okay uh hearing none, then, is there a motion to approve the invoices.

B

Second and latrina: please call the roll sherman, yes, kepler.

C

Yes, prime mentor, yes bannock. Yes,.

C

Burnham, yes, yes, okay, invoices are approved next up.

B

Utility bills, in the amount of seventy three thousand.

B

Five hundred and ninety six dollars and twenty seven cents are there any.

B

Questions on the utility bills, all right scene, none uh is there a.

B

Motion to approve utility bills, I mean.

B

All right and latrina, please call the roll vernon.

C

Yes, sherman, yes, eamonn, yes, parameter.

C

Yes, panic, yes, okay, utility bills are approved uh now.

B

We have wire transfers in the amount of five hundred and thirteen.

B

Thousand eight hundred and seventy dollars and ninety 92 cents.

B

Are there any questions or comments about wire transfers.

B

I see none uh is there a motion to approve.

B

Second and latrina kepler, yes, banik.

D

Yes, burnham, yes, fermenter yeah, eamonn,.

E

Yes, german, yes, okay, wire transfers are approved. Next, we.

B

Have customer refunds in the amount of 212.49.

B

uh Any questions or comments about customer refunds.

B

All right, seeing none is there a motion to approve.

F

B

And latrina sherman, yes, parmenter! Yes,.

C

Kepler? Yes, panic! Yes, eamon! Yes,.

C

Burnham, yes, okay, customer refunds are approved. uh The.

B

Final two items under approval of the claims are.

B

For special check runs um one for bond payments.

B

In the amount of one million one hundred ninety three thousand one hundred and.

B

Two dollars and three cents and another special check run for the.

B

2019 inter-departmental agreement for two.

B

Two million one hundred and eighty nine thousand seven hundred and thirty dollars. It's my understanding. We don't uh need.

B

To vote on these, but um uh are there any questions or.

B

Comments for staff about these okay and vic, I'm correct that we we.

B

Don't need to vote on these right.

G

I'll chime in you, you do not need to take a vote or any motion on this one.

G

Or on either one of those okay, very good. Thank you.

B

All right uh next up, we have the approval of the consent agenda.

B

uh And vic kelson.

B

Oh you're, you're, muted,.

B

Still can't hear you, no, I don't know why it's not okay. There.

H

You go okay, okay, that's weird um good evening.

H

Everyone, I'm I'm happy to bring the consent agenda tonight. It totals two 50 nineteen dollars. uh There are.

H

Three items: commercial service of bloomington for.

H

Three two hundred and fifty dollars: that's for a water cooler at the service.

H

Center uh again, the commercial service for twenty.

H

Two thousand seven: ninety five replacement of corroded piping at the.

H

Monroe plant and then a contract with arcadis for 24.

H

174, these are consulting services for cbu's emergency response plan.

H

Does any board member wish to consider any of these separately.

H

Bearing none, if there's no opposition, these will be.

H

Approved as recommended by staff, I don't hear any opposition, so these.

H

Items are approved. Thank you. Thank you. Vic uh next time.

B

Item is the request for approval of an amendment with rants fall bush.

B

For consultation services and laura pettit is going to tell us about this.

I

Oh okay, hi uh good evening, laura pettit assistant director of finance, a few.

I

Months ago, the board approved a contract with france, paul bush, who was a former cbu employee who had retired to continue.

I

Helping us with uh some parts of our ami billing.

I

Integration um we have about two thousand meters left in.

I

The city to um to replace and this contract.

I

Just extends extends rance's time uh he still has. um It would extend it to.

I

The end of september, it's not extending it financially um and.

I

I'm happy to answer any questions. Are there.

B

Any questions for laura.

B

All right uh hearing none, then, is there a motion to approve this amendment.

B

All right and latrina, please call the roll burnham.

C

Sorry burnham, yes, eamon, yes, kepler.

C

Yes, my mentor yes sherman. Yes, panic.

C

Yes, okay, that amendment is approved next item.

B

Request for approval of a first amendment to the agreement with donahue.

B

And associates for the bleacher pool wastewater treatment, plant, uv disinfection system improvements and.

B

Brad schrader is going to tell us about this brad, yes hi. This is a.

J

Graduate of the engineering department, uh we have a contract with mitchell and.

J

Stark to uh install a ub.

J

New uv system and then a new non-portable water system, donahue, was.

J

The engineer on the project and the rush was.

J

On the uv- and we ended up delaying the non-potable system in order to.

J

Get that uv in first and so now what this has done. This delay has done.

J

Is it's ended up uh keeping having us keep our engineer on board.

J

Longer and more items uh to track and close out, so we have an amendment to.

J

Just really retain the engineer for a further amount of time on this contract.

J

And that is adding fourteen thousand five hundred dollars to what was.

J

Originally, a hundred and eighty thousand dollar contract.

J

um If anybody has any questions, I'd be happy to answer them.

J

Okay, any questions from the board.

B

All right, uh seeing none is there a motion to approve this.

B

B

And latrina our mentor, yes, eamonn. Yes,.

C

Sherman, yes, bannock, yes, burnham! Yes,.

C

Kepler! Yes, all right! That amendment is approved uh next item.

B

Request for approval of an agreement with paul, I cripe inc or design plans.

B

For site development of the winston thomas property and brad.

B

Schrader is again going to talk with us about this item.

J

Yes, hello again, uh the winston thomas plant. We are.

J

Doing some evaluation to use that as potentially a new site for our new.

J

Service center and what this will do is we are going to.

J

Do a master plan to start the activity, we'll evaluate all of.

J

Our do a needs analysis, uh conceptual design, layout of the site.

J

And then propose a few conceptual designs and do a detailed cost estimate.

J

On this, the contract value is 500.

J

And it'll be accomplished by the end of the year and then from this then we'll.

J

Decide, of course, much further discussions on what to do happy to answer any questions on this.

B

Okay, are there any questions for brad.

B

E

Pardon me: how did we choose the uh selected vendor.

J

So we went through an rfq process where we sent on our.

J

Request for qualifications from multiple vendors, we narrowed it down to two.

J

Vendors, we brought those in for presentations.

J

And interviews on site and then we evaluated them a team of.

J

People based on which one we liked the best and then check references and.

J

Select into that process and I'll jump in this is chris wheeler with city legal.

G

Sorry uh but uh rfq request for quotes actually and it.

G

Includes an evaluation of qualifications, so they were getting quotes as well jeff. Thank you very much.

B

uh Jim so brad um this will be a service center.

F

Ultimately yeah this is the cbu uh potentially moving our service center.

J

For cbu out to winston thomas so.

F

The whole building at um the current building.

J

Building garage parking lot, I think vic can.

J

Be raised in santa talk to this a little more.

H

Jim, this is a a master planning exercise to to look at the possibility of using.

H

That site for a future uh site for all of cbu's.

H

Activities right now, our garage is undersized.

H

Reversing it seams at the service center and, moreover, the city is actually.

H

Bursting at the seams in public works so over. The overall concept would be.

H

That uh one day in the future, uh cbu.

H

Might be residing uh at the winston thomas property.

H

Public works and other departments would take over our existing service centers.

H

So that would pay for part of the of the.

H

New facility, and also this is a a brownfield.

H

Superfund site uh reclamation project as well so.

H

We're repurposing that former super fund superfund site for a number of different.

H

City activities, thank you, uh jason.

D

Thanks gene um yeah: we don't have to get into this.

D

uh Too much today, but I'll be interested to hear more about.

D

Why we want to do this? um You know on its surface, particularly the timing of.

D

This, I don't think, is really good um frankly and um yeah. I'd want to see.

D

You know the not really the city's analysis, but.

D

Our analysis of you know why why we need all.

D

This extra space I mean if, if there's one thing.

D

That I know we're learning at my real job.

D

um Throughout this experience is that people are not going to work the way.

D

That they used to work um and that it's probably a good time.

D

For us to think about how we use office space, how much office space we need um all those sorts of things. So again, I'm not.

D

Interested in in debating that today, but we'll want to.

D

Talk about this more as this develops, I I'd say that all of.

H

That's part of master planning, it's not only office space, but it's also.

H

Storage of equipment, materials and and having a garage for for doing.

H

Repairs right now we have equipment sitting outdoors and we have a.

H

Field full of equipment and materials for.

H

Projects that are sitting outdoors so um at some level, a project like.

H

Like this- and I agree with you- we don't know what offices will look like, but one.

H

Day we'll we will certainly want to have a yard, that's covered so, and we don't have a place to put that.

H

At the current service center so um basically the whole.

H

Idea is to do a master planning process to look at all the options for that site.

H

And we may or may not do anything with it in the future, but.

H

It's it's an opportunity. We began this long before the pandemic, hit.

H

So uh yeah that will take a longer. There will be a lot more analysis down.

H

The road: okay, oh, go ahead. Amanda, please.

K

My question is: how long have we been in this particular building that.

K

We're in right now this building was built.

H

In the early 2000s after the previous building had burned down.

H

uh The building we're in today is functionally identical to the building.

H

It replaced so they didn't expand uh anything at all.

H

When they, when the when the building was built, so.

H

That fire happened at thanksgiving in 2003, as I recall.

H

And the new building wasn't populated until.

H

0-6, something like that.

B

Okay and jeff, I think you had another question.

E

Well, yeah, I mean, I just think, a follow-up to to jason's question. He.

E

Always gets me thinking, um uh you know, would a.

E

Site enhancement option be a part of the master plan where.

E

They looked at the available space that we do.

E

Have at the service center and what it would take to build.

E

A suitable shelter for the equipment um there. If, if they're I mean I, I don't.

E

Know I'm just I'm just saying it is a a you know, a no.

E

Move option on the table for the options being considered.

H

That's certainly something that can be considered and we can talk with them.

H

About it, practically speaking, we have no space at.

H

The at the current service center property, if you drive down to winston thomas you'll, see a couple acres covered with.

H

Pipe fittings, manholes and other and other opportunities so.

H

So we're we need to find a place to put certainly to put stuff um and.

H

How we work as uh we're as office workers is still an open question.

B

And any other comments or questions, yes, jason. So vic do you know.

D

Did the rate payers pay to construct the current.

D

Service center, I believe part of it- was insurance.

H

Proceeds and and the rest was paid by rate payers.

H

I believe, okay, thanks.

H

And then any any any movement of other departments.

H

Into city departments into our current facilities would obviously.

H

uh Require some reimbursement from from the city, which would be.

H

Done I presume at market value, I don't think we're allowed to do anything else.

H

So that that would certainly be part of the part of the equation. You anticipated my follow-up question.

D

B

Very good well, and um I would just like to.

B

Echo jeff and jason in um thinking that it would be good in this.

B

Planning process to look at all of the options, including.

B

Not moving and seeing if there are any, you know.

B

Other options for staying put, um but you know I just think it should be.

B

Considered so um having said that,.

B

Then, what is up for consideration is approving this agreement to have this.

B

Analysis done um pardon.

B

Okay, and so uh is there a motion to approve.

C

Yes, sherman, yes, burnham, yes, kepler.

C

Yes, even yes, prime mentor, yes.

B

Okay, uh that request is approved. Next item is request for approval.

B

Of change order, number nine, with crider and crider inc for the iu hospital.

B

Off-Site sanitary sewer project and I believe.

B

Phil peden is going to talk with us phil. Thank you. Yes, phil peden, with the.

L

Engineering department: this is uh with kreider and kreider. It's our change.

L

Order uh related to the mou that was approved.

L

By the board several months ago, with iu health.

L

This is an increase of 252 thousand sixty three dollars and twenty four.

L

Cents we're changing the contract time to halloween on there in october.

L

And it it covers the cost of the lift station generator and control room.

L

Building they're going to construct that and then they also have to bring power.

L

And water to that building, it's going to house the generator the.

L

Control room and iu health bar screen I'll be happy.

L

To answer any questions: are there questions from the board.

E

um Out of my ignorance, how often does a lift station include a bar screen.

L

Well, it's not necessarily related to the to the lift station.

L

It's a practice. That's uh it's! A pre-treatment.

L

I'm familiar with the one at winston thomas, but but I just I've never heard.

E

Of one associated with a lift station or or at.

E

A separate site, or do we have other.

E

Examples of those in bloomington it's more of a facility requirement, so.

L

We did some research in assisted living, centers or.

L

Hospitals will will be, you know the utility will require it.

L

It's more of a pre-treatment component, so it doesn't enter the system.

E

Right, do we have any other examples of those other than at our treatment plants.

E

Right now do we have bar screens in other locations in the city other than our treatment plans, and I see vic.

B

Wants to jump in the reason for this bar screen is because.

H

This this lift station discharges into a very long.

H

Force main much much longer than any force main we've ever had in the system.

H

Before so we that system has put it that force.

H

Mean and that entire pumping system is put at risk by rags.

H

Towels diapers any other things that might be coming out of the hospital.

H

So the purpose of the bar screen is a pre-treatment.

H

Requirement to keep the hospital from possibly plugging up that force main.

H

Which would be detrimental to their operations and everything else as well, and- and I I understand the purpose- I'm.

E

Just wondering if there are other instances of water.

E

Screens in, thank you not in our system, but the.

L

The we we understand that the hospital in bedford.

L

Has one in their system seems like a very good practice? Thank you.

B

Any other uh questions for phil, okay, see none. uh Is there a motion for.

B

Approval of this change order.

B

And let trina please call the roll pappler.

C

Yes, panic. Yes, sir man.

C

Sherman? Yes, eamon, yes, parmenter! Yes,.

C

Burnham, yes, okay, uh that is approved next item.

B

Is a request for approval of an agreement with denton's bingham.

B

Green balm llp for legal representation regarding disputes with duke energy and.

B

I believe uh vic kelson and chris wheeler are going to talk with us about this. Yes I'll, introduce it. uh This is related.

H

To the jordan tunnel project, uh the replacement of the uh of the.

H

The jordan river tunnel, going through the middle of town.

H

As you know, we've been working for a number of years to get this project on.

H

The books, uh it's going to be a 10 to 12 million dollar effort as part of that project. There need to be.

H

Some local relocations for other utilities.

H

Duke a t and others uh dr over the course.

H

Of the of the um of the tunnel traditionally uh in it.

H

Well, what's happened in in the past and what we anticipate is.

H

That all the utilities that have to be relocated in the project like this.

H

It's up to them to pay, for it uh duke is refusing to pay.

H

For their relocations- uh and uh we are at an impasse with them.

H

And I'll, let chris explain from here on the nature of the dispute.

G

uh Good evening chris wheeler with city legal.

G

So when you're working with projects that are located in the streets.

G

In the public right-of-way when a municipality is doing work.

G

That is road related, so the primary functions of the road right away.

G

As you might, imagine would be like paving the street.

G

Maybe widening the street even sidewalks are considered part.

G

Of the natural road right-of-way, but uh the united states supreme court.

G

Has also determined that uh ushering storm water away from the.

G

Road right away so that the traveling public is safe, is.

G

Also, a function of road work and.

G

In the world of utilities, with relocation of utilities, whenever.

G

You're doing work and you come across another utility that you need to have.

G

Them relocate their utilities so that you can.

G

Do your work, the general rule of thumb is that if.

G

You're in the road right of way, you as the other utility, have to pay for.

G

Moving your utilities, so in this case uh in the road right-of-way duke.

G

Would need to pay for its relocation of its utilities so.

G

That we can go in and do our work if you find that a utility has.

G

An easement some sort of a right legally documented to be in the in the real.

G

Estate that it is located, uh that's a different story and then.

G

The city would be required in this case to pay for that utility relocation.

G

So it's a pretty clear marked uh line and in our situation.

G

The other utilities like at t and vectren.

G

They're working with us working with our schedule.

G

Getting their utilities moved and out of the way so that we can do the work.

G

Duke, on the other hand, has decided- um and I don't really know why.

G

But they've decided that they would like for us to reimburse them.

G

Even though their utilities are located in the road right of way,.

G

And our work is clearly roadwork, even though we're called a water and.

G

Wastewater utility, we are the city and the city is doing road work.

G

And so we're in this situation, where um we've asked pretty pleased with sugar on.

G

Top will you move your stuff. They've said no, thank you. They have.

G

Invited us to pay money into an account that would be held.

G

In like an escrow or a trustees, account.

G

While we litigate the issue, they'd be happy to move.

G

The infrastructure, if we were to go ahead and put the money up for them and.

G

Then litigate over the issue, uh I thought that sounded great, but.

G

Maybe because they should be bearing the risk of changing the law and creating.

G

New law, they should actually be the ones that put the money up while we get their utilities moved and we do our work.

G

And we litigate ad nauseum to figure out who's right and.

G

G

The law, as I read it, and understand it very clearly and squarely supports the.

G

City's position but they're simply not.

G

Cooperating so I've reached a point where my.

G

Influences are ineffective and we thought that it would become very.

G

Appropriate to have some larger heavier hitters.

G

Reach out to duke and see if they can't break the log jam.

G

And at least get them to sit down at the table. Maybe.

G

And discuss reasonably some alternatives that might even work.

G

With regards to getting our project completed, while we try to figure out.

G

What to do here, that's the reason why we're asking the.

G

Board tonight to consider this expenditure.

G

Because otherwise, we would simply have to litigate.

G

Because we don't have another option at this point and litigation would be very.

G

Long and costly and we're trying to avoid that at the moment, so we're.

G

Willing to spend some money to avoid spending a lot of money if that makes.

G

Any sense at all, I'm happy to try and answer questions.

G

That the board certainly would have and see if we can't help. You understand.

G

What we're trying to do here? Thank you. Okay, uh jim.

F

Yeah chris, um it sounds like you're well informed about this.

F

You've, given a real, a good explanation of what it's about.

F

And then there's the fact that veteran and a t and t have already agreed.

F

To move their utilities, um I'm just wondering why city legal you.

F

In particular, can't represent us.

F

With duke, rather than bringing in outside folks.

L

Well, my the line of thinking is that I'm sort of an unknown.

G

um I think they think maybe they can push us around.

G

If you bring a larger law firm, that echoes the exact same things that I've.

G

Been saying and and shows to them that we're serious.

G

About trying to get this resolved and not afraid to push forward.

G

They might actually decide that they want to cooperate as.

G

Opposed to realizing that they're going to have to go to the map for this.

G

They want a case up in avon recently. That's not.

G

Related factually to what we're doing it was a it was a footpath. It was a.

G

Rails to rails, to roads, type of thing where they.

G

Abandoned railroad, work turned it into uh foot paths and work was done.

G

By the municipality within the footpath, which was a it, was a right-of-way.

G

Not a road right away, so they were doing path, work.

G

And uh duke pushed back and actually won and the municipality had to pay.

G

Them some money for relocation. um It's uh and I I can't really say jim.

G

I don't feel like I'm having any effect on duke, I feel like they don't think.

G

That I have any real chops to push them around and that's why.

G

I feel like we need to bring in some bigger guns. Denton's is a very large law.

G

Firm and I think if they can see, the dentist is going to bat for us that maybe they'll actually decide to sit down and.

G

Talk seriously with us, I don't know, could be wrong. Remind me.

F

What kind of money are we talking about for the relocation.

G

uh It would be about 270 000 that they asked they're asking us to pay.

G

um For three location sites, one that's.

G

Fairly significant, it's up in an alley, just uh it sits between trinity church and what used to be known as the snow lion.

G

Restaurant, so in that little alleyway we're going.

G

To be moving right through there and they will have to move their.

G

Utilities they say they have to push it.

G

Underground, which is going to be a large cost, the other two areas are very minimally impacted, but.

G

uh They're, saying is 270 000 worth of uh relocation costs that we would have.

G

That they want us to pay, they have other costs they're, just not asking us to pay.

G

Those and what would you estimate ultimately.

F

The cost of the law firm will be.

G

The contract is capped. Let me pull it up again.

G

I believe it's a not to exceed 20 000., so uh it it.

G

Well, it won't. If we decide, we don't want it to, it, won't grow.

G

It's it's not to exceed 20 000., that's not to say they're, going to spend 20 000.

G

It's just to get us to a point where we try to negotiate a settlement.

G

If we decided that there was some rationale.

G

To having them represent us in court, yeah.

G

That would become very expensive and I might agree with you at that point. Jim.

G

That maybe we should just do it, I'm not afraid to go to litigation. I've been to.

G

The supreme court of indiana, I understand how to work around a.

G

Courtroom, but uh as it stands, we're just trying to see if this won't.

G

Blast them off of their position. Okay, thank you. That's a good explanation.

H

There's another thing at work here too, and that is.

H

That uh this is not the only time that, duke.

H

Or duke is not the only utility that needs to be relocated on this project.

H

At t's, relocation expenses exceed a million dollars.

H

On this project they have not made a similar request, but I promise you if we.

H

Pay for dukes they're going to come asking for it too.

H

And every project we do from now on we're going to be.

H

Getting the same request, so this isn't a question that needs to be answered.

B

Any other questions or comments looks like megan has a question. Oh megan.

M

B

Megan we're having difficulty hearing you.

M

B

I think we might come back to you because we.

M

Cannot hear what you're saying.

M

Have there been projects that we've moved forward.

B

Have there been, I heard that duke yeah, I I heard the question about.

G

Whether we've moved anything for duke.

G

The the host might mute megan for just a second.

G

Because she's still got stuff streaming in.

M

Okay, um okay, it looks like she's muted well, it sounds like bad banjo, music.

G

So I will answer the part about duke if I can get in there, real quick.

G

Not not since I've been uh representing cbu can, I think, of a time.

G

Where we have had to move anything for duke, I could be misremembering, um I I just I don't. I can't think of any.

G

Time where we've been required to move our utilities for a duke project and whether or not we were ever asked.

G

To pay, it would depend now in that situation.

G

Anything that duke's doing would not be a road project, and so.

G

If we were in the road right of way, we would be expected to make the payment to.

G

Move to get out of duke's way- and I understand that that's the law and we.

G

Would be required to pay, but if we actually had an easement and we were.

G

Located in that easement, uh we would, uh we would be expecting.

G

Duke to pay for our uh relocations most recently and with.

G

The state of indiana we were expected to move all of our.

G

Utilities out of the way, while 69 rolled through now there were some.

G

Issues with regards to that, and we we negotiated with the state of indiana.

G

With regards to that road work and they actually paid us some money as.

G

Reimbursement towards some of our relocation in that situation.

G

But that's that's a different story.

B

And amanda, I think you uh had a comment or a question.

B

Did I see that yeah I just I, I just need a little bit of clarification. Chris.

K

Because I know you keep saying we and is: is we the state and like? Is this the.

K

City going after duke, or is this cbu going after duke and.

K

And then I guess kind of a second question to that is.

K

Whose responsibility should it be? Is it is it cpus or is it.

G

Yeah, so, first of all um I'll make a few points there. There is no.

G

Distinction between city of bloomington and city of.

G

Bloomington utilities: now there is a distinction between.

G

Whether rate payers should pay for something versus tax.

G

Money that the city has, but the city is cbu and cbu.

G

Is the city so um with regards to whether the rate payers.

G

Should pay in a situation like this if, if it ever got to that point, if a court.

G

Ever told the city we actually have to pay duke.

G

Which I'll be surprised at that? But let's just say that happens.

G

Then this is truly a jordan river culvert.

G

Project which is a waste I'm sorry, a storm.

G

Water, relocation- and so it makes yes, it makes perfect.

G

Sense that we would use the rate monies from.

G

Stormwater to pay for this stormwater project.

K

Thank you chris. I just wanted to make make sure that that was.

K

Defined in there, because I know that sometimes wearing both hats, as you have.

K

To do it just it needs to be clear as to why we're doing it. So I.

K

Appreciate that, thank you, jim, so, chris, that's that's a really.

F

Important point: I think if it comes down the line, if.

F

The rate payers of bloomington know that it's going to come out of their pocket.

F

Then I could imagine getting a um some initiative together to.

F

Organize all the ratepayers of bloomington.

F

To communicate with duke.

B

B

I can't hear you vic.

H

That's so strange, um megan typed, a question.

H

About whether duke has moved for any other projects recently,.

G

I'm not aware of any that we've required duke to make any move.

G

Relocates for us now, maybe dukes made some.

G

Had to relocate for uh like streets, um public works, I'm not sure.

G

But not not with regards to our utilities.

B

And I have uh just uh two questions: uh one is.

B

Is are these negotiations, this negotiation process with duke.

B

Putting us behind in terms of moving forward with this culvert project.

B

And secondly, um if if we do need to.

B

Go to you know word about this. What have you um I mean? The law.

B

As you laid it out, chris is quite clear about this.

B

We shouldn't even be having this dispute with duke.

B

um And is there a chance that we can recoup any of the expenses that we're.

B

Incurring to do this negotiation with duke and potentially do.

B

A court case with them, so at the moment these negotiations haven't pushed back.

G

The timeline, the the big relocate up on the north end of the project, where I.

G

Identified the alley between the church and the snow lion, that's not going to.

G

Take place for another year or so.

G

And the other work that we hope to get commenced.

G

At the beginning of next year that would require.

G

Some very nominal pull support by duke they would simply.

G

Have to keep a pole in place and support it while we're working underneath these above wire. These.

G

Lines that are running above the streets uh so.

G

So no I'm making a very long story here right now. What we're doing is not.

G

Anticipated to cause any delay if we had to litigate.

G

Then we start to get into a threat of some delay.

G

And so finally, then your question about reimbursement, absolutely if there's cost.

G

That's associated with us doing this work and the attorney fees.

G

That we're incurring yes, we can ask that those get paid back.

G

As part of the cost of us having to get them to do what legally.

G

They were supposed to do all along okay, good, I'm glad to hear that okay.

B

Any other questions for chris see none is there uh a motion to approve.

B

This agreement.

C

Yes, burnham, yes, kepler, yes, sermon! Yes,.

B

Okay, that agreement is approved. Thank you, ladies and gentlemen. Thank you.

B

Chris next up, we have, is there any old.

B

Business from the board is there any old business from staff.

B

Okay, any new business from the board any new.

B

Business from staff: no, I don't believe there were any.

B

Sub committee reports and so uh now we're at staff reports and.

B

Kelseytonia is going to talk with us about the approval.

B

Of the 2020 residential stormwater grant recipients.

B

Kelsey, thank you kelsey, the tony s4 coordinator, I'm going.

N

To present to you, the 2020 residential stormwater grants.

N

Recipients recommended by our review committee.

N

First, I want to take a minute to thank our review committee.

N

Who spent a total of six hours in meetings.

N

Plus time on their own reviewing these applications, they volunteer their time.

N

On their own to help us with this with our decisions, so I very much appreciate.

N

Their time, we also appreciate the time of our staff.

N

um Who have put countless hours into this program.

N

This year so start with a summary.

N

Of what happened in our application process for.

N

2020 and then I will present you with the projects that we are recommending.

N

For funding so for 2020, we received 50 applications.

N

Totaling over 275.

N

857.98, that is twice as many applications as.

N

Last year, in more than double the funding.

N

Requested we moved the deadline up one month. This.

N

Year, compared to last year, we had a deadline of april 1st 2020. um It still took us about the same time to review the application. So here.

N

We are, but we had six internal review meetings.

N

With just cbu staff that was for recommendations from last.

N

Year's review committee that we provide a lot of the staff input.

N

Because so many of these projects, our staff members, are familiar with or.

N

Can help tell the story, so we provided recommendations to the review committee.

N

Based on our staff review, then the review committee had another.

N

Six meetings and we went through every single project.

N

And then the committee came up with our ranking and.

N

Made decisions to fund a variety of projects.

N

Funding as many as possible funding as many projects.

N

In our lower or underserved neighborhoods.

N

And trying to um fund as many projects up to the 70.

N

000 that we had allocated for this program, so on july 1st we had a final meeting where the selection was made. We chose 16 projects, totaling 65 dollars and 50 cents.

N

uh This is different. From last year, we had 11 projects over 35, 000.

N

Just to give you some perspective um so of the 16 projects for 2020.

N

Eight of them are located in lower income, neighborhoods.

N

According to the census, blocks analysis, so those comprise 56 percent of the.

N

Total awarded funds are 36 883.

N

So in no particular order, I'm going to go through and list the 16 projects that.

N

The review committee is recommending uh for approval by the board. First, one.

N

Is 2409 south rogers street cost is 5 249 dollars.

N

And the project is generally called a rain garden, but a lot of these.

N

Categories um don't encompass the entire project.

N

But um has a rain garden component to it next.

N

Project number two is two five one: five south bryant street.

N

For the amount of 3134 dollars that one again is a.

N

Rain garden slush drainage project: next one is 919.

N

North oris drive for 3 250 and that one is a bioswale. Next is.

N

815 south rose ave for three thousand five hundred dollars.

N

That is a rain garden. um Another erosion control project.

N

907, south manor drive or south manor road.

N

For three thousand two hundred and sixty five dollars and fifty cents, another.

N

Rain garden, one zero, zero, nine north woodburn ave.

N

For five thousand dollars, another rain garden project.

N

One: seven: zero, zero south clifton avenue, six thousand six hundred and eighty.

N

Dollars for a bioswale, eight, three, zero west, fourth street four.

N

Thousand three hundred ninety seven dollars for a dry, creek bed and rain.

N

Garden project, one five: two: nine west, eighth street for.

N

Five thousand eight hundred ninety eight dollars a ditch stabilization project.

N

Three: three: zero: zero north brown cliff lane. One thousand two hundred dollars.

N

For an erosion control project, two one one: four south locust court.

N

Four thousand six hundred ninety three dollars a drainage project with a rain.

N

Garden: three: six: three: five south bay bridge.

N

Drive two thousand two hundred and fifty dollars another drainage project. Number 13 is 2524 south rogers street for five.

N

Thousand four hundred and twenty dollars for a rain garden project number 14 is 918 west 13th street.

N

For 4 535, that's another drainage project, 1336, east south downs drive.

N

4 125 drainage project, 610 south high street for 2 800.

N

And that one is a dry creek bed. I can take any questions if you have any.

N

Otherwise, uh thank you, everyone for your support on this.

N

D

Yes, thanks thanks for the report, uh kelsey and.

D

This question: I'm not sure if you can answer it so feel free to.

D

Give it to vic or someone else. If you don't, uh if you can't answer it.

D

um What kind of internal controls do we have.

D

In place to monitor the progress of the work um and also talk to us about.

D

How the funding is is going to happen, so that is, will.

D

Cbu be paying contractors directly. Will someone be you know going to check.

D

On these things, I think, back to a few years ago, the the.

D

Civil city got itself in some some trouble with this uh and just want to make sure that we have the appropriate safeguards in place to make sure that.

D

That everything is happening the way it's supposed to happen.

N

Absolutely that's a great question. The first control we have is the grant.

N

Agreement process, so last year we worked with chris wheeler to draft a grant agreement. um Some of the language was modeled from the hand.

N

Grants I believe, but that was a two-page document.

N

Outlining what we expect of the project we.

N

Included their proposal and it's basically agreement saying that.

N

Each party understand what is going to happen for.

N

A specific amount of money, as far as when the projects are actually happening.

N

Some folks asked me to come out on site when they were going in, which is great.

N

I steered clear of telling them how to do something or.

N

Giving any type of direction, and, at the end of the day, we just want the.

N

Project to serve the purpose it was um designed for, like what is the.

N

Stormwater need you're trying to meet is a stabilization project.

N

If it's a rain garden, are you planting the right amount of species.

N

Is it the right size things like that, so I performed at least one site visit.

N

For each project, depending on the complexity of it,.

N

So some of them towards the end of the project, I would get a picture of what it.

N

Looked like and then the homeowner would either we.

N

Will pay their contractor and then we would reimburse the homeowner.

N

Or we can receive an invoice from the contractor and pay the contractor.

N

Directly, that worked for some homeowners who weren't able to straight up pay for a 3 000 drainage.

N

Project, so we were able to relieve that financial burden for.

N

Some of those folks who wouldn't normally be able to pay for a project.

N

Like this, so I am supportive of those two.

N

Different types of payments, at the end of the day, it's not too much harder for.

N

Us to process either one of those as long as we have.

N

The um the documentation that either it was.

N

Paid for or we are receiving a bill from the contractor.

N

um They go through the same process, they're all.

N

Payments that get put into your the utility service board packets for.

N

Approval um and.

N

Yeah, we don't, we don't process those payments until we've inspected it and.

N

Made sure that it's actually installed within the grant agreements they also.

N

Have a five-year maintenance contract? I don't have a schedule yet to really go.

N

Out and really enforce them but say.

N

You know a few years pass and someone wants to get rid of it. Will we have a.

N

Document saying that they were responsible for you know, weeding their rain garden, making sure their pipes are cleared.

N

um That there's no erosion happening doing the maintenance that they need to.

N

Do to keep it up, so thank you so so there's going to be.

D

There's verifiable receipts from contractors that that we.

D

See either one way or another, and that we.

D

Are in fact inspecting these at their completion? Yes, okay. Thank you.

K

I amanda, I want to say, kelsey, congratulations on another.

K

Great year of of doing this project and to all the staff- and I think.

K

uh Jeff may have been, joking might have been the board member on it. So.

K

Thanks to everybody for for taking the extra time on it,.

K

um I want to make sure and to make sure I'm correct on this when.

K

The projects come through, the proposals come through.

K

It has to be done with a contractor, correct or it just can't be a homeowner.

K

Saying I want this done and I'm I'm going to do.

K

This take this project on myself, but these are ones that have been sought out.

N

I think I missed the end of your question amanda, but.

N

You mentioned having the cost estimates and.

N

Within their applications, so we use those cost estimates to decide.

N

The amount of funding this year we gave a little bit of wiggle.

N

Room we didn't fund it all the way up to the seventy thousand dollars in case we.

N

Have some discrepancies, or we just need some little extra.

N

Funding to help with some of any of these changes as we go through the grant agreement process, but um it has been sort of difficult and it was made even more difficult. This.

N

Year as the global pandemic hit right when.

N

People were supposed to be submitting their applications.

N

We were pretty lenient. I think. With that deadline, we tried to give them a little.

N

Bit more time! For that reason, um so that we weren't having to put.

N

People upwards during the stay-at-home order.

N

um Christy has been managing this parent's program for me this year and.

N

She did a wonderful job, keeping everything in line.

N

We've also been doing more outreach to help people.

N

Come up with their projects on their own and be able to get the resources they.

N

Need to make these decisions so we have a.

N

Draft contractors list based on contractors we received from.

N

Hand contractors that we've worked with for the grants program previously and anyone else who has approached us saying they.

N

Want to be available to people um on this list.

N

So that's currently being managed by us there's been high demand for that type.

N

Of list- and it's not nearly complete, but we are trying our best to get the.

N

Resources out there so that people know how to address their drainage and stormwater issues on their private property.

O

But amanda to answer your question further.

O

We do allow people to do their own work, but again they have to submit a plan for.

O

It and kelsey will inspect it at the end to make sure that it's installed correctly and everything, and we won't pay for like tools if they're going to rent a piece of.

O

Equipment we'll pay for that. But if they're buying hand tools or stuff.

O

Like that, we do not pay, we have a list of things we won't pay for. If they're.

O

Doing their own work, that's what I was looking forward to so.

K

Thank you. Thank you, james thank you, and they have to provide.

H

Receipts: okay, all right, very good, any other.

B

Questions, uh I would just I would just like to add.

E

That um we're solving this year, some some real.

E

Health based problems out there in some of these.

E

um You know lowest median neighborhood incomes, these these.

E

uh Socioeconomically challenged areas and and.

E

I was I'm very pleased that some three of those projects reached the the.

E

Highest level in terms of our review and and made it.

E

To this final list and and uh was glad that the utility could.

E

Help in that way, um and and thanks again to staff for for.

E

All their uh their input and making uh it easy to be a reviewer.

B

Excellent. Thank you, jeff, and, and thank you to the review committee and to staff.

B

For implementing what I think is a really.

B

Helpful needed program, so these are some exciting projects, so.

B

Thank you very much kelsey for all your work on this.

B

Okay, so my understanding is that we need to vote to approve the recommendation.

B

Of uh the these grants uh to the the list that was provided is.

B

Is that correct? Okay? So, uh having said that, is there a.

B

Motion to approve uh this list of residential stormwater.

B

Grant recipients? Yes, okay,.

B

Jeff moves is there a second.

F

Second, okay, I think jim seconded, that and latrina. Can you please call the roll.

B

Sherman, yes, eamonn! Yes, panic! Yes,.

C

I'm enter yes, burnham, yes, kepler, yes,.

B

All right uh that list of recipients is um approved. Thank you very much.

B

uh Next uh last up we have petitions jane. Yes, I have another. I have another.

H

Thing, oh, oh, I'm sorry go ahead. Beck.

H

First of all, I want to thank uh jeff and the committee for all the work they did.

H

And kelsey for her leadership and executing this pride.

H

Program again, this year was, I think, they've done a marvelous job.

H

Again, um I do want to follow up on the discussion.

H

We had two weeks ago regarding uh late fees,.

H

And service disconnections for non-payment.

H

Within days after we had that discussion, the iurc and the governor both.

H

Ordered the moratorium to be extended for six additional weeks.

H

Until um I can't remember the exact day august 14th, I believe it was. uh We.

H

Discussed it and we, because our billing cycles.

H

Pretty much go from the first month to the first of the month.

H

We're just we're going to go for two months, so.

H

uh Our original plan was that the first bill that would be liable for a late fee.

H

Would have been july's bill, which would mean in august we're going.

H

To move that back to september's bill, which means.

H

There wouldn't be any kind of a late fee until october.

H

And then service disconnections would be. We originally planned to restart those.

H

uh In september and now we're moving that.

H

To november okay, that's all I have. Thank you. Okay! Thank you. Okay,.

B

um So last up our petitions and communications from the public.

B

And uh holly are there any um communications on our facebook live page.

K

No questions or comments via facebook. Thank you.

B

And uh do we have any members of the public on our zoom meeting.

B

I don't think so. Okay, um then, with that, is there a motion to adjourn.

B

All right, we are adjourned. Thank you.

A

A

A