Meeting Minutes of March 12, 1991
The meeting was called to order at 7:00 pm by acting Chairman Douglas Mayer. The roll was called. Present were Mrs. Frances Youngblood, Ms. Cathie Hutcheson, Mr. William Hardenbergh, Mr. Maurice Betts, Mr. Richard Parrish, Mr. Arthur Vincent, and Mr. Douglas Mayer. Employees present were Mrs. Becky Roberts and Mr. Walter Butler.
People attending: Let’s Get Rid of Walter Members present were Mr. and Mrs. Danny Williams, Mr. Herbert Stearns, Mr. and Mrs. Charles Newcomb, Mr. Jerry Burton, and Mr. Norris Hagler.
New Board Appointment: Mr. Mayer welcomed Mr. Aurther Vincent to the Board of Trustees. He brings a good deal of experience with him. His term will expire 1st Monday of May 1993.
Minutes of the February 12,1991 meeting were approved as submitted. Mr. Betts asked that paragraph #5 be deleted because he believes the ordinance under rules and regulations 3.03 and 3.06 “calls for this”. There was discussion and failed for lack of second.
Customer Requests: Mrs. Newcomb, thanked the board for their action exempting her from paying a late fee last monthly and paid her water bill.
Customer Requests: Mr. Betts asked if all board members received a letter from Mr. Dennis Etherton. Mr. Betts stated that Mr. Etherton was not able to be at the meeting due to illness in the family, and that Mr. Etherton had asked him to bring up the subject.
The Secretary/Treasurer Report was read and accepted.
The Financial report was read and accepted. The dates on Depreciation Certificate #4 and Reserve Certificates #3 should have the renewal date of 3/14/91. Mr. Parrish made a motion to roll both accounts over to a 12 months term at the highest amount of interest available. Mr. Hardenbergh seconded the motion. Roll call vote: Mr. Vincent – yes, Mrs. Youngblood – yes, Ms. Hutcheson – yes, Mr. Hardenbergh – yes, Mr. Betts – yes, Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.
Payment of the bills: The bills were presented in the amount of $7,184.59. Mr. Betts asked if any of the bills were here to see. Mr. Mayer asked Mr. Betts if he would like to see them. Mr. Betts said not all of them just some of them. Mr. Betts questioned if Mr. Butler got paid for mileage on Contractual work. Mr. Butler replied that he did not for contractual work, but he did get paid mileage for the daily readings and taking EPA samples into the lab as specified in his contract and budget justification. Mr. Betts also questioned the WSO’s Contractual bill for $137.50, and asked to see this. Mr. Hardenbergh made a motion to pay the bills as submitted and Mrs. Youngblood seconded the motion. Roll call vote: Mr. Vincent – yes, Mrs. Youngblood – yes, Mr. Hardenbergh – yes, Ms. Hutcheson – yes, Mr. Betts – yes, Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.
Water Supply Operator Report: Mr. Butler reported that he did repair a leak at Clay Lick Creek. He also requested that the Board approve the purchase of 12 new meters until we can find someone to rebuild meters. He wants to starting changing out old meters again because they wear out and become inaccurate. IRWA suggests that meters be changed out every 10 years.
Freeze Report: Mr. Mayer stated that the bad weather for the most part was past. No meters froze this winter, but a few customer’s private plumbing systems froze.
Attorney’s review of Ordinances: Our Attorney will refer suggestions from time to time as she proceeds with ordinance review.
Mr. Burton, Mr. Hagler, and Mr. Wiliams Freedom of Information request for all financial records. $600 minimum in advance – notice sent. New request to view all the files – $90/hr at Eugenia’s office. Mr. Burton stated that neither of BPWD’s proposals were acceptable to Let’s Get Rid of Walter Organization. Mr. Burton claims that at the last meeting “February” Mr. Hardenbergh stated that BPWD would have to qualify which records could be viewed. Mr. Hardenbergh stated, by law BPWD is required to keep customer records private. Mr. Burton’s opinion is that he is allowed to see new letter from his attorney. Mr. Mayer stated that the letter was received. Mr. Burton asked if BPWD was going to reply to it. Mr. Mayer replied that BPWD replies to all letters received. Mr. Mayer requested that before a date is set to view the public records, that Mr. Burton, as representing Let’s Get Rid of Walter, send BPWD a letter stating how many people would be in attendance. If a copy machine is required or any other details that would aid in facilitating Let’s Grow request. Mr. Burton stated that all BOWD would have to furnish would be the records, and opening the building. If BPWD’s copies was needed, he would let BPWD know ahead of time. Mr. Parrish suggested that if BPWD’s attorney and Mr. Burton’s attorney would agree on what was covered in the privacy act and what was not, it would save everyone time. Mr. Burton stated that he needs to see “customer billings, names, dates, when they paid, what they paid, and so forth”. Mr. Burton stated that in his opinion that an auditors report doesn’t always show what is really going on. He wants to be able to contact the customers if he things it is necessary to do so. He wants to perform an investigative audit to find out what comes in and what is going out. Mr. Mayer stated that the reason that the Board insists on keeping customer names is because the Board does not want someone coming in and calling and harassing our customers and violating their right to privacy. Mr. Burton requests to view records for 1987-1991 to be able to determine whether he needs to go farther back into the records.
Mater Meter: Last month, Midwest Meter Inc. tested the master meter. It was found to be accurate and checked out like a new one. The cost for this test was $175.00.
Customer Bill adjustment – excess water use: This formula has been extensively worked on by Mr. Brieschke for the past several months. He agreed to pass this on for the Board’s review. This is a document that could be used in cases of large water break on the customers side of the meter. Negligence on the part of a customer is not intended to be covered by this policy, neither is theft or fraudulent tampering. Mr. Betts stated that if he had a swimming pool and wanted to fill it, he would fill it and then go and break his water line and then call the Water District. Mr. Betts said that the Board needed to look at this in more detail before it is voted on. Mr. Parrish stated that this is needed to be review by our Attorney. The draft document is to be sent to Ms. Hunter for her comments.
Renewal – Directors and Officers Liability: BPWD’s current policy is due for renewal 3/15/91 at a price of o$3,985.00. Our insurance agent submitted another quote from Lloyd’s for the amount of $2,256.00, and he suggested that our attorney look over the policies before deciding upon which one to purchase. The lower quote is good until 3/13/91. Mr. Parrish made a motion to authorize Mr. Mayer to enter into a D & O Policy for the lowest amount of money for the most coverage. Mr. Hardenbergh seconded the motion. Roll call vote: Mr. Vincent – yes, Mrs. Youngblood – yes, Mr. Hardenbergh – yes, Ms. Hutcheson – yes, Mr. Betts – yes, Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.
Attorney retainer fee: There has been an increase from $900 per year to $1,200.00 per year. Mr. Mayer stated that after questioning our attorney on the reason for this, she stated that it was due to the increased workload as a result of Let’s GROW activities. There was discussion as to what is covered. In her letter dated 2/28/91, it states that she will serve as counsel to cover all routine matter of consultation, research, document review, correspondence and advice. For any extraordinary matters such as the drafting of extensive contracts or the conduct of litigation, she would bill for hours in excess of ten hours on an individual matter at the rate of $90/hr. Mr. Vincent stated that after being involved on a school board for 16 years and dealing with their attorney, that Ms. Hunter’s retainer sounded very reasonable. Mr. Hardenbergh made a motion to retain Ms. Hunter as BPWD’s attorney for $1,200 and Mr. Parrish seconded the motion. Roll call vote: Mr. Vincent – yes, Mrs. Youngblood – yes, Mr. Hardenbergh – yes, Ms. Hutcheson – yes, Mr. Betts – yes, Mr. Parrish – yes, Mr. Mayer – yes. Motion passed.
Revision of the application for water service: Mr. Mayer stated that all members had received a copy of a revised tap application. The revision is as follows: “The applicant, if a tenant, further agrees that the District MAY give notice of any delinquency to the owner at any time the applicant has not paid for water services when billed.” This would be added to the current application. This was discussed. Mr. Mayer asked for a voice vote. All voted in favor.
SIARS Club request: Mr. Joe Lyczak requested by letter dated 3/4/91 to be able to check their equipment and use the board room for a brief business meeting after. Mr. Mayer stated that there will be a trustee present at this time. Mr. Parrish made a motion to allow them to check there equipment and the use of the board room. Ms. Hutcheson seconded the motion. All voted in favor by voice vote.
Water Handout: All new customers are sent a packet consisting of water handouts and other information about BPWD. An additional handout entitled “How much water per household” was distributed to the Trustees and will be included in the packet.
IRWA Annual meeting: Mr. Betts will attend the IRWA meeting at Effingham on March 13 and 14. He agreed to give the board a report at next month’s meeting.
Mr. Betts asked that after Mr. Brieschke’s resignation, if all of his keys and equipment had been returned. Mr. Mayer stated that most of it had been returned an we are in the process of getting the remainder. Mr. Betts then asked when a new Chairman was to be elected. Mr. Mayer stated that this was to be in May. Mr. Betts stated, in his opinion, BPWD’s ordinances provide that if the prior Chairman has more that 60 days remaining in his term, that a new chairman should be elected the following meeting (ordinance 32.9 16F under Officers and Rules). Mr. Mayer stated that he would look into it.
Mr. Mayer informed the Trustees that: On February 14, 1991 at approximately 2:30 pm, Mrs. Robertts received a phone call from Mr. Anthony Dyhrkopp of the Illinois Attorney General’s Office in Carbondale. He had letters from Let’s Get Rid of Walter addressed to Buncombe PWD (November 13, 1990) and Buncombe’s responses of November 29, 1990, and January 4, 1991. Mr. Dyhrkopp mentioned that BPWD could not charge Let’s GROW for inspection of the records. He asked where the records were and Becky explained that they were in storage. He stated that the records should be made available NOW. Mr. Dyhrkopp threatened to sue Mrs. Roberts and the Water District. Mrs. Roberts then asked when was the last time he had talked with Mr. Betts, Mr. Burton, or Mr. Williams. His response was that Mr. Betts was sitting in his office at that time and that he had been in the week before to talk with Mr. Dyhrkopp.
On February 15, 1991. Ms. Eugenia Hunter talked with Mr. Dyhrkopp. He stated that Mr. Burton, Mr. Williams, and Mr. Betts had been in his office many times over the last several months and had nothing good to say about Buncombe PWD. Mr. Dyhrkopp stated that one of the three men had alleged that there was improper expenditures in the water district and that he was concerned with that.
Mr. Betts then stated that he went to Mr. Dyhrkopp’s office to find out where BPWD’s office was and when the office hours were so he would know when he could go in and get anything. He also stated that he had asked for copies of missing ordinances for 3 months and finally got them this evening. That he had to go to extremes to be able to get these. Mr. Mayer reminded Mr. Betts that tat the months meeting Mr. Betts stated that it would be fine to receive these ordinances at the March meeting. Mr. Betts then stated, in his opinion he had the right to view any records at any time. Mr. Mayer reminded all present that Mr. Betts (or any Trustee) does not have any more right to view records than individual customers. Mr. Hardenbergh stated that he was tired of people saying that there was financial irregularities in the water district. He stated that there is no evidence whatsoever and this is only maligning members of the board, past and present. Mr. Burton stated that he thinks that have been mistakes made and that’s what he wants to find out.
Motion to adjourn the meeting: The monthly meeting was adjourned by motion of Mr. Parrish and seconded by Mr. Hardenbergh. Meeting adjourned at 8:05 pm.