Meeting Minutes of April 9, 1991

The meeting was called to order at 7:00 pm by the acting Chairman Douglas Mayer. The roll was called. Present were Mrs. Frances Youngblood, Ms. Cathie Hutcheson, Mr. William Hardenbergh, Mr. Maurice Betts, Mr. Arthur Vincent, Mr. Richard Parrish, and Mr. Douglas Mayer. Employees present were Mrs. Becky Roberts and Mr. Walter Butler.

People attending: Lets Get Rid of Walter Members: Mr. and Mrs. Danny Williams,  Mr. Herbert Stearns, Mr. and Mrs. Charles Newcomb, Mr. Jerry Burton, Mr. Dennis Etherton, and Mr. Jeff Rowan.

Minutes of March 12, 1991 meeting were submitted for approval. Mr. Hardenbergh moved that the minutes be approved as submitted and Mr. Vincent seconded the motion. All in favor.

Customer Requests: Mr. Dennis Etherton waived the right to a private hearing. Mr. Etherton wants the water service connection removed from “his yard”. Mr. Mayer stated that BPWD’s attorney was handling this and not only did Mr. Etherton question the easement, but the lid has come up missing and all the meter well had been filled with dirt. Mr. Butler stated that there was a meter in the well when he installed it. Mr. William stated that he had been contacted by Ms. Nan Sorrels to install her private line after the meter was placed on the EAST side of the road. He assumed that all easements necessary were obtained by Ms. Sorrels. He started trenching on Mr. Etherton’s property from the meter an discontinued when questioned by Mr. Etherton. Mr. Williams stated that he will take care of he part of the yar he had torn up. Mr. Vincent stated, in his opinion, he could not see that there is $500 worth of damage as claimed. Mr. Etherton stated, when the meter well was back filled, he through the meter had been taken out. Mr. Vincent asked Mr. Williams if he filled it in and he said he did not. Mr. Mayer stated that BPWD would expedite the matter as quickly as possible.

Customer Requests: Mr. Burton requested an itemized statement of labor and materials used on his water service connection. Also, he asked why casing was required. When Mr. Mayer’s brother’s water service connection was installed, it was not required. Mr. Mayer stated that the difference was that the circumstances in the Sheppard Lane installation involved 3 water lines in the same trench and due to backfilling and compaction that casing was required to prevent damage and interruption of service. When his brother’s tap was installed the water line was bored under the road. This does not require casing. Mr. Burton asked how many times the water district required casing. Mr. Mayer stated that Sheppard Lane installation was the first time it was required. Mr. Parrish pointed out that until these were installed that BPWD had not been sued by Makanda Township for repair of alleged damages to Township roads caused by trenching. Mr. Parrish stated, since that has happened, the Water District is taking greater precautions on trenches under township roads.

The Secretary/Treasurer report was read and accepted.

The Financial Report was read and accepted.

Payment of the Bills: The bills were presented in the amount of $8,069.38. Mr. Mayer stated that the D & O Liability was purchased for the lower rate from Lloyd’s Company. The reason given was they were at a lower rate because they specialized in this type of insurance. Mr. Betts asked about the contractual bill for the WSO. This amount is for all work orders completed in March. Mr. Hardenbergh make a motion to pay the bills and Mr. Parrish seconded the motion. Roll call vote: Mr. Vincent – yes, Mrs. Youngblood – yes, Mr. Hardenbergh – yes, Ms. Hutcheson – yes, Mr. Betts – no , Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.

Water Supply Operator Report: Mr. Butler reported that the water loss is down due to the leak recently found and repaired in Clay Lick Creek. Mr. Parrish stated that BPWD should keep an eye on this and make sure it is permanently repaired before winter.

Copy Machine: Mr. Mayer stated that BPWD’s copy machine is obsolete and is no longer in production, therefore repairs parts are not going to be available. The question being, does BPWD use the current copier until it quits, or buy a new one and get some value ouyt of the old one. A quote from Stiles for a Sharp copies was for $1,068.00, they would try and sell the old one for $200 or $300. A quote from Ellis Systems for a Konica copies was for $1,295.00, this including a $600 trade in for the old copier. Mr. Parrish stated that when buying a copier, that you need to look at what supplies were going to cost also. This was discussed and decided that with the small copy volume, that this was not such a big issue. He also stated that he would like to get 1 or 2 more prices before purchasing a copier. 

Mr. Mayer thanked Mr. Hardenbergh and Mrs. Youngblood for their time in assisting Southern Illinois Amateur Radio Society when they neede3d to be let in at the WST to check their equipment.

GTE Line keeper service: This is to cover all repairs on inside lines for $1.00 a month. This was discussed with no action taken.

Mr. Burton’s Lets Get Rid of Walter, and Mr. Williams Freedom of Information request for all financial records status? Have not accepted Trustee Hardenbergh’s and Trustee Youngblood’s offer of January 1991 to assist in the viewing of financial records. Mr. Burton stated that there was no need to look at part of the records, and that he wanted to see them all. BPWD’s Attorney and Mr. Burton’s Attorney do not agree on what is covered in the Freedom of Information Act. Mr. Burton stated that it appears that this is going to court.

Findings of 1980 Audit: The 1980 Audit found that BPWD Trustees were unlawfully interfering with customer records and exempting favored customers. Some records were changed in order to help certain customers and approximately $10,000 was missing. This was taken to the Illinois Attorney General’s Office, Jackson County State’s Attorney Office, FmHA, US Inspector General’s office, Jackson Couty Board, BPWD Trustees, Auditor and Attorney of BPWD. As a result it was determined that Trustees do not have legal authority to have access nor are they allowed to interfere with customer records. The Board of Trustees at that time agreed to comply with the findings of the audit.

Mr. Mayer then moved that BPWD Board of Trustees resolve that it is the policy of BPWD that the disclosure of customer records would constitute an unwarranted invasion of personal privacy. In addition it is hereby reaffirmed as trustees do no have legal or Board authority to view or otherwise unlawfully manipulate the records of customers. Mr. Hardenbergh then seconded the motion. Roll call vote: Mr. Vincent – no, Mrs. Youngblood – yes, Mr. Hardenbergh – yes, Ms. Hutcheson – yes, Mr. Betts – no, Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.

Mr. Burton interjected the following: He believed that all contractual work done by an employee of the district is illegal. Also, after going through the minutes, he has reasons to wonder if the figures on the monthly reports are accurate or not. Mr. Mayer responded that the monthly reports should be sufficient to get any information he is seeking. Further, customers records are exempt because it would be an invasion of privacy. In the past, trustees used this to exempt friends and relatives from paying their bills. Mr. Mayer reported to the Board that many customers had made known their objection to Lets Get Rid of Walter having access to their personal information. 1) Regarding the #3 pressure regulation station; We all know it is manipulative, its called stringing, its so you don’t go over the legal limit. I want to know who’s misspending the money. Who’s buying things, we don’t trust your figures they aren’t accurate. I think Walt Brieschke chose to ignore the advise of the auditors. 2) I am not satisfied with past decisions over the employee/contractor situation. If you had a back hoe or construction business it would be a conflict of interest. 3) Regarding your secretary/treasurer, Becky Roberts, I have talked to customer and their records of what they have paid. The recorded money Becomes takes in doesn’t match what customer tell me they sent her. 4) One main issue is the policies and contracts with your employees. (Note: These have been provided to Lets Get Rid of Walter several months ago).

Customer Bills Adjustment – Excess Water usage: BPWD Attorney said that this is workable and may need to be changed as it is used. Mr. Hardenbergh stated that he liked the formula and Mr. Mayer had submitted from Carbondale in 1984, to use 50% of the difference of high bill and the average. This will be researched further. No action taken.

Mr. Betts: Report of Illinois Rural Water Association conference in Effingham, IL : He suggested that BPWD become a member of JULIE. He said July 1 it is mandatory that we belong. He also reported that IRWA has an insurance agency that will give quotes for small district now. He reported also that more and more testing of water will be required. EPA will soon be requiring that all meters have backflow prevention. Several pamphlets and miscellaneous materials were submitted for review of the Chairman and employees, along with companies that give free estimates on WST painting. He stated that IEPA was going to ban the use of copper lines soon.

SHWD Dispute: SHWD has not submitted the information as required in the binding arbitration.

Motion to adjourn: Motion to adjourn made by Ms. Hutcheson and seconded by Mr. Parrish. Meeting adjourned at 8:35 pm.