- Good afternoon. The time is now five o'clock. I would like to call today's Utility Service Board meeting to order. I would like to start by speaking on CBU's mission. The City of Bloomington Utility's mission is to enhance the quality of life in our community by providing safe, sustainable, and high quality drinking water, wastewater, and stormwater services in a cost-effective manner, promoting public health, economic vitality, and environmental stewardship.
- As a reminder, if any board member has any personal or financial conflict with any issues or individuals on the agenda, then please be sure to recuse yourself during those portions of the meeting. First on our agenda is petitions and communications. Are there any petitions or communications from the public?
- Hearing none, we will move on to the approval of the minutes from the June 16th, 2025 meeting. I move we approve the minutes of the June 16th meeting. Second. We have a motion in the second. All in favor, please say aye. Aye. All opposed, say nay. The minutes from the June 16th meeting are approved. Moving on to the approval of claims. First, we have standard invoices.
- for a total amount of $1,027,987.74. Are there any questions or comments on the standard invoices? I have a few questions. Thank you. OK, on page number one with A&M graphics, it says septage tickets in county. And we do have some septic customers in the city. So will city residents?
- on septic also receive these notifications? These tickets are actually for the septic haulers. It's how we use it. They pay us for these tickets. That allows them to dump at the treatment plant. OK. Thank you. OK. And then on page four, Kirby Risk, the items included a smoke detector. I was just wondering where that's for and what's the procedure to check these regularly, how often?
- We'll have to get back to you on that one. Okay, thank you. Just because I would assume it's not for here, I would think that's something, you know, connected to security. It looks like it's for Gilman. Okay. Yeah. All right. But I'm not sure how often we expect it. Yeah, thank you. And then finally, on page eight, the payments to PCI, the service fee, which I think is part of the discussion that we talked about two weeks ago, sorry, with Tyler. Let me get to that. Is it Tyler?
- Thank you. I had to just scroll down to it. Yes, with Tyler Technologies. So I think we were talking about those fees last month. They were... These are actually the fee for us to use the credit card reader up at the front desk. Okay. So that covers part of last year and all of this year. Okay. All right. Thank you.
- But that's, is that also part of the discussion with the contract with Tyler? That at the moment, because that's the fee that allows us to use the credit card reader itself. OK, that's just. We're not sure, yeah. OK, perfect. Yep. Thank you. I appreciate that information. That's all from me. All right. Any other questions, comments? We have a motion to approve. Oh, yeah. Go ahead. I'll move to approve, but note me as abstaining on page three to Indiana University
- Line item 96014213. With that, I move approval of our standard invoices for today. Second. We have a motion and a second. All in favor, please say aye. Aye. All opposed, say nay. Standard invoices are approved. Moving on to utility bills for a total amount of $6,475.06. Are there any questions on the utility bills? Hearing none, do we have a motion for approval?
- We approve utility bills for payday June 26th. Second. Motion and second. All in favor, please say aye. Aye. All opposed, say nay. Utility bills are approved. Next, we have wire transfers for a total amount of $526,357.50. Are there any questions or comments on the wire transfers? Looked pretty clean today, didn't it?
- I move we approve the wire transfers for the month of June. Second. Motion in the second. All in favor, please say aye. Aye. All opposed, say nay. Wire transfers are approved. Next, we have customer refunds for a total amount of $4,595.71. Any questions or comments on the customer refunds? I move we approve the customer refunds for payday
- July 3rd of 2025. Second. Motion in the second. All in favor please say aye. Aye. All opposed say nay. Customer refunds are approved. Next we have water bond payments for a total amount of $3,296,340.78. Are there questions or comments on the water bond payments?
- We approved the water bond payments that are due on July 1st of 2025. Second. Motion in the second. All in favor, please say aye. Aye. All opposed say nay. The water bond payments are approved. Lastly, we have sewer bond and solar panel payments for a total amount of $2,016,923.22.
- Are there any questions on the sewer bond and solar panel payments? Yeah, I just have a question, Matt. Maybe you know the answer. Do we have data on how much the solar panels are saving us in monthly costs? Yes. Yes, we do. Could you bring those to us sometime? Sure. Yeah. OK. Thank you. I move. We approve the sewer bond.
- Payments and solar panel payments for July 1st. Second. We have a motion and a second. All in favor, please say aye. Aye. All opposed, say nay. The sewer, bond, and solar payments are approved. Thank you all. Next on our agenda is the approval of the consent agenda. Catherine Zager.
- All right. Good evening. I'm Katherine Sager, the utilities director. I'm presenting tonight's consent agenda pending controller approval, totaling $55,635. And the first contract is with Snedeker Construction Inc. for $10,000 for on-call excavation and boring services. Next is with Monroe Owen Appraisals for $6,000 for appraisal work for Catalan Sewer Relocation Project.
- Next is with eco-friendly mechanical ink for $20,000 for on-call agreement for HVAC services. Next is with economy termite and pest control ink for $1,115 for the quarterly interior and exterior pest spray at the utility service center. Next is with Omni-management LLC for $13,020 for the semi-annual autoclave maintenance at Dilman Wastewater Treatment Plant.
- glasses with Bruce's welding for $5,500 for low service vault door lift repair at the Monroe Water Treatment Plant. Is there any member who wishes to consider one or more of these items individually? Hearing none, if there is no opposition, these items will be approved as recommended by staff. If there is no opposition, the consent agenda is approved. Thank you.
- Item six is request approval of agreement for services with Etika Group, Incorporated. Kelsey. Good evening, board members. Kelsey Thetonia, Utilities Environmental. So this is an agreement for a letter of map amendment with Etika Group, who did the modeling for Clear Creek after the Hidden River Project.
- So the letter of map amendment for the floodplain will take the old lagoon area on the north side of the property and remove it from the FEMA maps. So Etika group has already completed the modeling portion of this and they completed a what we call no rise certification earlier this year which basically states that all the existing buildings are in compliance and our status in the national flood insurance program is
- and compliance. So this next step is basically to be good stewards of the property and do what is next for cleaning up the maps, essentially, for an area that is well above the base flood elevation. So I'm happy to take any questions. Any questions for Kelsey? You have a motion for approval? I know we approved the agreement for services with Etika Group. Second.
- We have a motion and a second. All in favor please say aye. Aye. All opposed say nay. Approved. Thank you. Next we have request approval to terminate ground lease and right away with singular wireless PCS LLC. Chris Wheeler. Good evening. Chris Wheeler with City Legal.
- This issue is brought to you to discuss the termination of two lease agreements that we have with AT&T. These two lease agreements, there's a ground lease agreement that actually the USB entered into with a company known as Ameritech Mobile back on October 26, 1998, and a lease and right-of-way agreement that the USB entered into with Bloomington Cellular Telephone Company doing business as Cellular One
- back on November 1st of 1999. Subsequently, AT&T bought both of those companies, and so we're dealing with AT&T now. AT&T would like to renew these leases, which would extend their lives out another 25 years. They would like to drastically reduce the amount that they're having to pay on these leases, citing all kinds of reasons and rationales that I wouldn't accept. But because the USB and the CBU are
- contemplating a move that they might likely take down to Winston Thomas, it is my recommendation that we not burden this property with ongoing lease agreements that might extend out 25 years, not knowing what might be done with this property, who might be owning it, et cetera. I'll say this, though. Currently, these leases are set. The ground lease is set to expire on September 28 of this year. I'm sorry, of 2028.
- That lease currently pays $21,060 a year. The lease and right-of-way is set to expire this year. In fact, we're on a year-to-year status. So it has already expired, but we're on a year-to-year. So we could terminate it this year. But given that the infrastructure is still in place and one doesn't expire until 28, I'm just allowing it to go year-to-year until 2028 so that it would then expire at the end of that year in November.
- So we would have the ground lease expire in September of 28, and the lease and right-of-way expire in November of 2028. That's my recommendation. And I would seek the board's approval to do so. Enter into that discussion with AT&T to terminate these leases. Happy to take questions. Any questions? Yeah. Where's the tower now? It's right out front. As you're walking into the building,
- If you look to your left, you'll see a tower that, I didn't even know it was there a few years ago when AT&T reached out to try and renew the lease. It's just something I guess you don't automatically notice, but it's standing right there. So what are the implications for AT&T? They need to find another site? They would have to find a new location, yes. I've already told them over the course of several years that I don't like their terms.
- because they keep trying to argue to basically drop the price by about half, which to me makes zero sense. In fact, it should go up if we're going to continue to allow them to stay here. Gee, I didn't notice that their rates are dropping. Right. So they say that it's become so expensive to do cellular service that they have to find ways to keep the price down.
- They're not very friendly to deal with, and I just don't think we need to continue to burden the property with their presence. Well said. Outside of the monetary benefits, what other benefits do we have? We can co-locate utility infrastructure on their tower, but I've spoken with the ITS department, and they have no need to do that.
- To me, that's the only other possible benefit I think we would receive from them being here. Is the tower in a place where we might expect, because I haven't looked. I guess that's a good thing that I didn't notice. Is it someplace where you'd expect that new uses of the property
- to move what would be in the way? I mean, it's like in the utilities easement or something, then that's... Well, you heard the mayor discuss the fact that at some point it's possible that they'd like to sell and have it get redeveloped. And I would think that a redevelopment would require at least to have the tower relocated so there would have to be new terms of location, new legal descriptions for the easement and where it's located.
- If another department were to occupy this property, I don't know whether they would need to enlarge the footprint or just keep it the same, in which case the tower could stay right where it is. But that wouldn't be our decision at that point. We'd be long gone, hopefully. OK. Any other questions or comments for Chris? Hearing none, do we have a motion for approval?
- I move we approve request to terminate the ground lease and right away with singular wireless PCS LLC. Second. They're actually both with AT&T, but. And successors. Yes, thank you. Second. Very nice. We have a motion and a second. All in favor, please say aye. Aye. All opposed, say nay. Request is approved. Thank you.
- Next, we have request approval of First Amendment to agreement for services with precision quality contracting, LLC, Mark Menafee. Hello, Mark Menafee, utility engineer. As you know, we've been upgrading the fiber optic cable at the Blucher wastewater treatment plant. And during the accomplishment of the original scope, we discovered there was additional work that needed done.
- So this is a contract to increase the amount of the original contract by $3,989 for a total of $25,649. I'd be happy to answer questions. Do we have any questions for Mark? Hearing none, do we have a motion for approval? Yeah, I move we approve.
- Proper wording here. Approval of the First Amendment to the agreement for services with precision quality contracting. Second. We have a motion and a second. All in favor please say aye. Aye. All opposed say nay. Request is approved. Thank you. Thank you. Next we have request approval of resolution 2025-13 to recommend amendments to Title 13 stormwater ordinance. Kelsey Thetonia again.
- I'm here to present to you several changes to our Title XIII stormwater ordinance. The first reason why we'd like to revise Title XIII is because the Indian state legislator this year passed a bill that requires a stormwater program to not have any ordinance or regulation or rule that is more stringent than the state's construction stormwater general permit.
- So our program is responsible for having some type of permanent program in place that regulates construction sites within our MS4 jurisdiction. And so we wanted to go through our ordinance to make sure that what we have best mirrors the CSGP and just follows the spirit of this new regulation. So some of the changes we've made are fairly general in the ordinance itself.
- And we are working on more detailed changes to the design manual that we hope to have done within the next few weeks. But the ordinance itself, the changes regarding the response to that House bill, it's just offering some clarification on the permitting process. I guess I'll go through an overview of what we've changed in it. And if you want to go into more detail, I can. But basically, we're proposing
- for the stormwater management permit that any site that doesn't need the state's construction permit coverage is going to have a simplified application process. We still need to regulate drainage on private property. We still need to oversee even a small site, putting in new stormwater infrastructure so that we can ensure it's sized properly and installed properly. Also putting in water quality measures for smaller sites that pose a water pollution risk, such as gas stations.
- The other change is we've removed some provision from the performance standards for construction sites.
- nearly all of that chapter is verbatim from the state's general permit, but we added in a provision to prohibit plastic netting and erosion control mats. Since that stood out really clearly as an additional provision than what the state requires, we removed it from that section, but have talked to the planning department about putting it back in the UDO potentially as just a landscaping standard regarding material usage.
- We've also removed the requirement in our requirement for performance bonds to remove active construction site erosion controls from that bond estimate. The state, the new state law clearly mentions financial assurances in that bill stating that we can't be more stringent than the state. And that was something that stood out to us as
- It could be in conflict with that, and we felt okay removing that because we still require a performance bond for new stormwater infrastructure and permanent BMPs. That also requires some type of stabilization. So if something were to happen on a site, we have a lot of enforcement mechanisms we can use to get ground stabilized. And if not, then we have that bond that would still cover the final stabilization of the site. So those are some of the changes that we've made in response to that bill.
- We've also gone through and done some clarifications to some of the wording, as well as making just some general corrections. It was a really large thorough ordinance that was rewritten, so you expect that you go in and there were some things that just needed to be fixed or some references that were incorrect. So you'll see some of those. And then we have a new section regarding culvert maintenance. So it's kind of a new topic, so we decided to use this time to also add that in there.
- So it's in the section that governs long-term maintenance of infrastructure and private properties. And so we went in just to put a general statement about the private property owner's duties to maintain driveway culverts. This is something that we've always encouraged, but to be able to put it into our ordinance, to be able to enforce it when needed,
- will help out our operations quite a bit. It's just been something that we haven't had that's enforceable before. We just encourage people to do it. So now we're actually writing it down and being able to tell people what we expect from them. I've also made a modification based on some of the feedback we received on the ordinance from local developers and engineers. We're clarifying requirements for drainage easements.
- where previously it stated we require new drainage easements for new projects for surface conveyances. But we're clarifying that now to say any stormwater drainage system, including underground pipes, that would drain the right-of-way or drain multiple lots. We need to be able to require easements on some of those types of infrastructure. So a little bit of clarification.
- I want to thank Chris Wheeler and Liz Carter and Caden Swanson and everyone else who helped with these updates over the past few weeks. And I am happy to answer any questions you have. Thank you and thank everybody for their hard work on this. I know it came quickly and you made this very palatable and understanding for us. So thank you. Any questions or comments for Kelsey? Yeah.
- When we say adding the authority of Indiana Code Title 36, which allows the municipality to regulate storm water on private property, in reality, what does that mean for a property owner? I mean, if you've got a drainage swale in your backyard that is kind of there, I mean, what are we now
- requiring property owners to do in that? So this isn't requiring property owners necessarily to do anything new. This is more of an authority that will, basically it backs up our ability to regulate new development and new construction. So if someone comes in to build on a piece of property, the municipality has the authority to determine how they manage drainage in that new development. It's just a reference that, yeah, I will have Chris.
- So we've always had the authority, we've always had the responsibility with regards to that statute being in place. The purpose for putting it in now is sort of in response to that House Enrolled Act 1037, which created a new statute that tells us that we cannot be more stringent than that general permit, the construction site general permit that we have to operate under. We wanted to put that code section in as one of our
- authorities and responsibilities so that we could show some delineation as to why we are still enforcing some things that might look like we're going beyond the CSGP, but we're not. So we wanted to get that in there to help us to be able to point to that in the future if anybody tries to call us out on why we're still regulating some things that you don't see even mentioned in the CSGP. I don't know if that helps you at all. Yeah, it does. And so I think what you're telling me is this has more to do with as a new
- as a property is being developed as opposed to maintenance after the fact. So go ahead. I want to add, to me, it's functioning similar to how a county drainage board regulates drainage. But a municipality has the ability to create similar ordinances regulating drainage. Yeah. And we've obviously seen the last couple of days why that's important and why
- why detention and retention are important too, but those come at a cost. And, you know, when you've got a big neighborhood association, whatever, with a retention pond that they inherited as the developer handed it to them, there's a lot of responsibility with that. But we've got to maintain them because
- We really should be, you know, property owners need to be responsible for the runoff. And we'll have local area flooding if we don't do things like this. So I get that part. And Chris, or either one of you can answer this. With the new Indiana legislation, would you say that more or less or overall decreases or increases the kind of regulation that we had in place here in the city?
- Normally, I think lately we've seen the state send us things that pull back from some of the things that we think are best for our community. So I don't know if you can remember, but when we were initially putting Title 13 together, I spoke with this board and talked about how it was refreshing to read these general permits because they invited us to be more regulatory than the permits themselves
- are regulatory. They used a lot of the MS4 may do these things and can do other things. They invited us to be more regulatory, which makes this new statute very difficult to understand its spirit and how it plays with these general permits. It doesn't even mention the MS4 general permit, which we also have responsibilities. They overlap.
- But when it says that we can't be more regulatory than the general permit, but the general permit itself is inviting us to be more regulatory than the general permit, it becomes very difficult to understand how we're supposed to behave. So I think to answer your question, we're supposed to be less regulatory, and we're having a hard time figuring out how to do that, while still meeting the spirit of the statute and yet still complying with state
- expectations of us to enforce the CSGP. Very difficult, but this is how we this is what we have arrived at. So I don't know if that helps. I know it's a little bit. Thanks. Any other questions or comments for Kelsey or Chris? All right, I move approval of resolution 2025-13 that recommends amendments to Title 13
- stormwater ordinance as presented. Second. We have a motion and a second. All in favor please say aye. Aye. All opposed say nay. Request is approved. Thank you. Item number 10 is request approval of agreement for services with Wessler and Associates Consulting Engineers Incorporated. Dan Hudson.
- Dan Hudson, the capital projects manager for the city of Bloomington. I'd like the board to consider a contract with Wessler Engineering to do a study, preliminary engineering evaluation for the Dillman wastewater treatment plant to evaluate the media in the existing sand filters. This would also include a evaluation of some structural problems that we may have on the clarifier.
- digesters. That would be for $35,500. I'm open for questions. Yeah. Any questions or comments for Dan? Hearing none, do we have a motion for approval? Yeah, I move approval of the agreement for services with Westler and Associates as presented. Second. Motion in the second. All in favor, please say aye. Aye.
- Thank you. All opposed say nay. It is approved, thank you. Item number 11 is old business. Any old business from the board? Old business from staff? New business, new business from the board? New business from staff?
- that's really easy. I never know if it's like new business or public comment so just I guess a comment would be that we've had all this excessive rain and I just want well I wanted to comment first about I was in a nearby local community and their water I ordered water at a restaurant and it was terrible and so I'm appreciative of our community water and all that we do to make it
- taste good. With the excessive rains I was just wondering how is that affecting our algae levels? I know we're coming into this season where we might notice an aesthetic change. Are we noticing any of that yet? So the
- Rains actually help with the algae and the taste and odor issues. So the extended periods, when we have an extended period of heat and drought, that's when we have to start looking out for taste and odor issues. Yeah. OK. Thank you. And that's all I'll say for now. Thank you.
- So when I started on the board, the chair who, we didn't rotate chairs, he was just our chair, Thomas Wofford, he would say with great regularity, every time he got back from a trip, how great the water was here compared to wherever he was. And I experienced the same thing every time I go to Indianapolis. It is really much different, let me just say that. And I have a great appreciation for the taste of our water here.
- bring up a good point and I two things there one is we're fortunate to take good care of the lake and we got to keep doing that and I know it's not just us but it's the other counties that feed into it it's 11 feet above normal pool right now it's it's really full I was out there on Saturday wow it's like like the torrents have come through and filled it up but the second thing is I think both of those are good
- both of you complimented what we know, but I don't think we tell our story well enough. I think people are in this mode of being suspicious about government and they just automatically think that our water's probably not that good and they ought to be drinking all these millions of bottled water that wastes and causes all kinds of environmental issues.
- float in the ocean for centuries to come. So I really would challenge our communications team as going through some leadership changes. I think that ought to be one of the things that's front and center is how do we tell our story about our water quality and what we do and how we test it, how it's compared, because we spend a lot of money and we focus on that. And we've got a great team that works day and night to make sure that happens.
- Now, we're lucky. And people ought to be able to trust our water. You know, in my military service, the first time I deployed to a country in the Middle East and realized that for the next year, there was never a drop of water was going to touch my lips and come out of a bottle. And I was so thankful to get back here, walk over to the tap, turn it on, fire it up, and drink it down.
- That's something that we take for granted here, that we are just really blessed as a country to be able to have the resources to do what we do, and a community that values it like we do, and the team we've got to make that happen. And we're thankful to have the Corps of Engineers that dammed up a big lake for us, too. But I just think we ought to tell our story a little bit more so people can be proud of it and confident about it, so maybe
- We've got this transient population, particularly with the students. And a lot of them are used to drinking everything out of a bottle. And they need to know that they can feel good about turning the tap on, wherever they are in Bloomington, and enjoy it. So we've got some work out of this. I think communications-wise, marketing-wise, really. Absolutely. And I'm just, as part of the conversation, kind of want to highlight. So Joel Pontias.
- our one of our new employees, he's really been spearheading doing and like re looking at our outreach program and really trying to get a focus on hey how do we want to create that program and what does that look like. So this is great timing for that input. One of the key things that I really think is important for outreach and for marketing for branding
- is trust in our water system. Like you're saying, you know, we're in a time where people may not, they're more suspicious of government and the utility. And I just think, you know, building that trust so that when you turn on the tap, you know you're getting great water and you don't have to be afraid of it. And it's gonna taste great. And you're gonna come home and say, gosh, I'm so glad I've got good, great tasting water, you know? So yeah, thank you for that input.
- A few bumps now and then when we have droughts and a lot of hot weather, but we try really hard and we let people know that even though it may be a little off because of that, it's still okay. Yeah. Which reminds me how stupid I am. Most of us here probably remember when bottled water first came out.
- I said to people, this is the stupidest thing I have ever heard. This is ridiculous. You can just get water by turning the tap, and it's really good water. How do they expect people to buy it? That's how stupid I am. Underestimate the power of Coca-Cola marketing. Great conversation and great work that CBU is doing. Thanks to everyone.
- Any other new business? We didn't have a subcommittee today, so no subcommittee reports. Staff reports. I do not have one, but Phil does. Phil. Phil Pieden, engineering.
- The proud honor to get to announce to the board that Nancy Axum is retiring from the engineering department after 25 years of service with the city of Bloomington and 19 years in our new service coordinator, project coordinator position. She's a true gem. We're really going to miss her. She did a wonderful job. I think she's going to retire. Her last day is July 3. I think she picked that day because she can celebrate her true independence on July 3.
- So yeah, she's been a great team member and an integral part of the engineering department and the entire utility. Really a lot goes through her that the whole utility uses. I mean, any new meter that goes out into the service system went through Nancy for the last 19 years. So integral part of that and a great team member. And there's countless stories of Nancy providing encouragement to staff and other folks when they're
- when she notices them doing a good job. So she told me one time when she was frustrated about something, trying to work through it, and she said, I should just care less, I guess. And so we worked through that. And so I just want to say that Nancy never stopped caring. She always cared about how the city was represented, how the engineering department was represented. And she made those things better for everyone.
- I congratulate her on her retirement in front of the board. We are celebrating her retirement on Wednesday afternoon. Frank can send you the details if any of you would like to attend. Thank you. Congratulations, Nancy, and thank you for everything. Yeah, thank you. And I will compliment our runner as well.
- Great. Next, petition and communications. Any petitions or communications from the public? Do we have a motion to adjourn? So moved. Meeting is adjourned.