WEBVTT 00:00:00.258 --> 00:00:07.603 - We are ready to call our September 21st Regular Utility Service Board meeting to order. And we'll do 00:00:07.603 --> 00:00:15.167 - that now. Our first order of business is to explain that our mission, the City of Bloomington Utility's 00:00:15.167 --> 00:00:23.021 - mission is to enhance the quality of life in our community by providing safe, sustainable, and high-quality 00:00:23.021 --> 00:00:28.766 - drinking water, wastewater, and stormwater services in a cost-effective manner 00:00:29.346 --> 00:00:36.899 - promoting public health, economic vitality, and environmental stewardship. And just a reminder for conflicts 00:00:36.899 --> 00:00:44.522 - of interest, if any board member has any personal or financial conflict with any of the issues or individuals 00:00:44.522 --> 00:00:51.659 - on our agenda this evening, then they should please recuse yourself from those portions of the agenda. 00:00:51.659 --> 00:00:56.094 - And we'll get started tonight with petitions and communications 00:00:56.322 --> 00:01:02.497 - This is our period of time at the beginning of the meeting. We have another period at the end of the 00:01:02.497 --> 00:01:06.654 - meeting for any public comment limited to five minutes per speaker. 00:01:22.466 --> 00:01:39.789 - We can, Eric. We'll try to turn your volume up just a little bit. Eric, could you hold just a moment? 00:01:39.789 --> 00:01:51.678 - We're still trying to adjust the volume a bit. You're coming in, but. 00:01:53.602 --> 00:02:01.379 - Try that again, Eric. All set now? Oh, yeah. You're coming in loud and clear. Over. All right. I apologize 00:02:01.379 --> 00:02:08.647 - I couldn't be there in person tonight, and I can assure you I won't take anywhere near five minutes 00:02:08.647 --> 00:02:16.133 - with my comments, but good evening, President White and Utility Service Board members. My name is Eric 00:02:16.133 --> 00:02:23.038 - Spoonwar, President of the Greater Bloomington Chamber of Commerce, and I'm speaking on behalf 00:02:23.586 --> 00:02:30.805 - of the chamber tonight regarding the appeal filed by Habitat for Humanity in Monroe County concerning 00:02:30.805 --> 00:02:38.377 - the withholding of water meters for homes under construction in phase two of the Osage Place neighborhood. 00:02:38.377 --> 00:02:45.595 - And I understand the board will consider this matter later in tonight's agenda, but I wanted to offer 00:02:45.595 --> 00:02:50.974 - the chamber's perspective during the public comment portion of the meeting. 00:02:51.138 --> 00:02:58.012 - The Chamber's interest in this issue is pretty straightforward. A healthy community depends on clear 00:02:58.012 --> 00:03:05.362 - rules, consistent processes, adequate housing supply, and constructive partnerships between public agencies 00:03:05.362 --> 00:03:12.167 - and organizations that invest in Bloomington's future. Habitat for Humanity of Monroe County is one 00:03:12.167 --> 00:03:15.774 - of our community's most important housing providers. 00:03:16.482 --> 00:03:23.264 - and through Osage Place Habitats, creating home ownership opportunities for working families who otherwise 00:03:23.264 --> 00:03:29.665 - they never have had the chance to purchase a home. Phase two includes 39 homes that are part of that 00:03:29.665 --> 00:03:36.130 - effort. The chamber isn't here to offer an engineering opinion on the drainage swale issue, and we're 00:03:36.130 --> 00:03:43.038 - not suggesting that utility standards or stormwater requirements should be disregarded, but what concerns us 00:03:43.554 --> 00:03:51.390 - is the apparent connection between an unresolved issue in phase one and the withholding of water service 00:03:51.390 --> 00:03:58.703 - for homes in phase two, which are separately permitted and bonded projects. So from the Chamber's 00:03:58.703 --> 00:04:06.390 - perspective, businesses, nonprofits, and community organizations all benefit when regulatory decisions 00:04:06.390 --> 00:04:11.614 - are transparent, clearly communicated, and tied to a defined process. 00:04:12.290 --> 00:04:19.115 - The appeal raises questions regarding notice, due process, and whether withholding water service is 00:04:19.115 --> 00:04:25.872 - an appropriate remedy under these circumstances. Those are matters that I think deserve thoughtful 00:04:25.872 --> 00:04:33.038 - consideration as the board reviews the appeals. Most importantly, the practical impact of delaying water 00:04:33.038 --> 00:04:39.454 - service falls on future homeowners and families waiting for affordable housing opportunities. 00:04:40.002 --> 00:04:46.478 - at a time when housing affordability remains one of Bloomington's most significant challenges. We believe 00:04:46.478 --> 00:04:52.649 - it's important to seek solutions that address any outstanding concerns while allowing homes that are 00:04:52.649 --> 00:04:59.064 - otherwise ready for occupancy to move forward. And accordingly, when the board does consider this matter 00:04:59.064 --> 00:05:05.356 - later this evening, I and the Greater Bloomington Chamber of Commerce would respectfully encourage you 00:05:05.356 --> 00:05:09.022 - to grant habitats appeal and allow water service to proceed 00:05:09.506 --> 00:05:16.528 - while any of the remaining issues are addressed through the appropriate process. So thanks for your 00:05:16.528 --> 00:05:23.902 - time and consideration. I appreciate it. Thank you, Mr. Spoonmore. We appreciate your comments on behalf 00:05:23.902 --> 00:05:30.924 - of the Chamber of Commerce. Thank you for joining us this evening. Are there any other petitions or 00:05:30.924 --> 00:05:36.542 - communications from the public here at the beginning of our meeting? All right. 00:05:37.122 --> 00:05:45.520 - Then we'll move along with item three, approval of the minutes of our previous meeting on September 00:05:45.520 --> 00:05:54.421 - the 8th. Anyone had a chance to review the minutes? Any corrections or edits? If not, we'll take a motion 00:05:54.421 --> 00:06:02.819 - to approve. I move that we approve the meeting minutes. Second. All right, let's move to second and 00:06:02.819 --> 00:06:06.430 - approve the minutes. All in favor say aye. 00:06:06.754 --> 00:06:17.921 - All right. Motion carries. Minutes are approved. Next is the approval of our standard invoices for this 00:06:17.921 --> 00:06:29.624 - evening. If you have a chance to take a look at those. Any questions for staff on any of these expenditures? 00:06:29.624 --> 00:06:35.422 - I move that we approve the standard invoices. Second. 00:06:36.226 --> 00:06:47.905 - All right, standard invoices have been moved and seconded to approve standard invoices. Any other discussion? 00:06:47.905 --> 00:07:00.222 - All in favor say aye. Aye. Opposed? All right, invoices are approved. Next is utility bills for September the 10th. 00:07:05.698 --> 00:07:15.265 - Discussion on utility bills? I move that we approve the utility bills. Second. It's been moved and seconded 00:07:15.265 --> 00:07:24.123 - to approve the utility bills for September the 10th. All in favor say aye. Aye. Opposed? All right. 00:07:24.123 --> 00:07:28.286 - Next are utility bills for September the 17th. 00:07:32.898 --> 00:07:40.858 - that we approve the utility bills for September 17th. Second. All right, it's been moved and seconded 00:07:40.858 --> 00:07:49.052 - to approve the utility bills for September the 17th. Any discussion? All in favor say aye. Aye. Opposed? 00:07:49.052 --> 00:07:54.046 - All right, utility bills are approved. Next are wire transfers. 00:07:59.938 --> 00:08:09.911 - September, totaling $581,217. I move that we approve the wire transfers. Second. All right, it's been 00:08:09.911 --> 00:08:19.395 - moved and seconded to approve the wire transfers. All in favor say aye. Aye. All right, opposed? 00:08:19.395 --> 00:08:26.142 - All right, motion carries. Next are customer refunds and today we're 00:08:27.522 --> 00:08:37.183 - Looking to approve $2,949.07 customer refunds. Most of these are inactive accounts. Any discussion on 00:08:37.183 --> 00:08:47.222 - the refunds? I move that we approve the customer refunds. Second. All right, it's been moved and seconded 00:08:47.222 --> 00:08:56.030 - and approved the customer refunds. Any other discussion? All in favor say aye. Aye. Opposed? 00:08:57.154 --> 00:09:12.307 - customer refunds are approved and next we have a special check run for September 16th totaling $12,070.68. 00:09:12.307 --> 00:09:24.062 - Any questions on those expenditures? I move that we approve the special check run. 00:09:24.994 --> 00:09:33.469 - All right, it's been moved and seconded to approve this special check run. All in favor say aye. Aye. 00:09:33.469 --> 00:09:42.360 - Aye. All right. Opposed? All right. Motion carries. And check run is approved. Next is the consent agenda. 00:09:42.360 --> 00:09:51.001 - Good evening. I'm Catherine Sager, utilities director. I'm presenting tonight's consent agenda totaling 00:09:51.001 --> 00:09:51.998 - $39,587.09. 00:09:52.834 --> 00:10:00.735 - First contract is with Bruce's welding and fabrication LLC for 19,500 and install access structures 00:10:00.735 --> 00:10:08.873 - for the pipe gallery at Monroe water treatment plant. Next is with Brie Hub Corporation for $6,115 and 00:10:08.873 --> 00:10:17.169 - nine cents for the replacement of the VFD for the solids feed pump at Dilman wastewater treatment plant. 00:10:17.169 --> 00:10:19.934 - Next is with Troy risk for $9,850. 00:10:20.770 --> 00:10:27.938 - for the Clear Creek Corridor Environmental Assessment. Next is for the Substation Electrical Testing 00:10:27.938 --> 00:10:35.247 - Company, or SETCO, for $4,122 to install fuses and transformer for the high voltage grounding resistor 00:10:35.247 --> 00:10:42.556 - at Monroe Water Treatment Plant. Is there any member who wishes to consider one or more of these items 00:10:42.556 --> 00:10:43.550 - individually? 00:10:48.482 --> 00:10:56.173 - Hearing none, if there's no opposition, these items will be approved as recommended by staff. Hearing 00:10:56.173 --> 00:11:03.713 - no opposition, the consent agenda is approved. Thank you, Director Zegar. Appreciate bringing those 00:11:03.713 --> 00:11:11.705 - to us, getting those approved. Then number six on our agenda is the appeal from Habitat, oops, I'm sorry. 00:11:11.705 --> 00:11:17.662 - Right here. Yes. Just for the records, I believe you said the total was 39,000 00:11:18.242 --> 00:11:26.140 - What did you say that total was on the consent agenda? It's an amended total. The amended total is the 00:11:26.140 --> 00:11:33.884 - 39,587. OK, thank you. Which is different from what we initially received. OK, thank you. That was a 00:11:33.884 --> 00:11:41.628 - late adjustment this afternoon. Thank you. I just wanted to make sure that gets corrected when we do 00:11:41.628 --> 00:11:48.222 - the minutes. Thank you. Sometimes we let those slip, don't we? Thank you. OK, thanks. 00:11:48.322 --> 00:11:58.562 - Next is the appeal from Habitat for Humanity, and I believe we have a speaker here that would like to 00:11:58.562 --> 00:12:08.701 - talk to us about this. Would you have some background material in our packet? Do I need to turn this 00:12:08.701 --> 00:12:18.238 - on or is it on? No, that microphone is just for public access. Your voice carries in the room. 00:12:18.818 --> 00:12:25.292 - All right, thank you for letting me know. I'm Cari Bennett. I'm the Operations Director for Habitat 00:12:25.292 --> 00:12:31.895 - for Humanity of Monroe County. Pursuant to Bloomington Municipal Code, Habitat for Humanity of Monroe 00:12:31.895 --> 00:12:38.434 - County is appealing the City of Bloomington Utility's administrative determination to withhold water 00:12:38.434 --> 00:12:44.972 - service from homes Habitat is building in phase two of Osage Place, which is our neighborhood on the 00:12:44.972 --> 00:12:46.526 - southwest side of town. 00:12:46.722 --> 00:12:53.869 - I have a procedural question for the board members. Were you given the exhibits that were identified 00:12:53.869 --> 00:13:01.015 - in our appeal letter? In addition to the four pages of the appeal letter, we also submitted a series 00:13:01.015 --> 00:13:08.445 - of exhibits. I just wanted to make sure that everybody got them. All right. They were not posted online, 00:13:08.445 --> 00:13:16.158 - so I just wanted to clarify that you did receive them. Those were the maps? There were maps and some emails. 00:13:16.354 --> 00:13:24.917 - communications. I think the pictures were submitted by CBU. I want to explain why Habitat is bringing 00:13:24.917 --> 00:13:33.480 - this appeal to you this evening. First, process matters, especially when a governmental entity denies 00:13:33.480 --> 00:13:42.463 - essential services. CBU has failed to give proper notice to Habitat. As a result, Habitat was not afforded 00:13:42.463 --> 00:13:45.150 - an opportunity to address CBU's 00:13:45.314 --> 00:13:52.047 - denial of water service until we attempted to obtain water service seven months after the apparent 00:13:52.047 --> 00:13:58.984 - determination. That is seven months that Habitat lost to resolve this issue before it became critical 00:13:58.984 --> 00:14:06.125 - to have water service available in homes that we are building for low income residents of our community. 00:14:06.125 --> 00:14:13.470 - While Habitat still does not know when CBU made the determination to withhold water service, it appears the 00:14:13.634 --> 00:14:21.652 - dates back to at least December 28th, 2025. That's when Assistant Director Peden sent an electronic 00:14:21.652 --> 00:14:30.150 - message to Katie Stein of Smith Design Group. That's Habitat's engineering firm. Nearly six months passed 00:14:30.150 --> 00:14:38.248 - before CBU verbally notified Habitat at a June 17th, 2026 meeting. At that time, Habitat requested a 00:14:38.248 --> 00:14:40.894 - written determination in writing 00:14:41.282 --> 00:14:50.193 - which was, that request was renewed again in an August 28th, 2026 electronic message from me to Director 00:14:50.193 --> 00:14:58.849 - Zager and Assistant Director Peden. On September 2nd, 2026, Director Zager responded to my electronic 00:14:58.849 --> 00:15:05.214 - message and attached the December 28th, 2025 message. That message states, 00:15:05.762 --> 00:15:13.146 - I know this is a thorn in your side, but I wanted to let you know that we will be withholding water 00:15:13.146 --> 00:15:20.604 - service applications in phase two, parentheses, meters, until the phase one swale is rectified. That 00:15:20.604 --> 00:15:28.210 - was the extent of the message. Second, notice matters, especially since the Bloomington Municipal Code 00:15:28.210 --> 00:15:35.742 - specifies required notice procedures. Director Zager's September 2nd, 2026 electronic message states, 00:15:35.970 --> 00:15:43.636 - Regarding the requested documentation for CBU withholding meters until the phase one swale was rectified, 00:15:43.636 --> 00:15:51.157 - we typically have these discussions with the engineer. Yet Bloomington Municipal Code specifies a clear 00:15:51.157 --> 00:15:58.751 - process for CBU to provide notice and an opportunity to appeal its determinations. That includes written 00:15:58.751 --> 00:16:05.694 - notice delivered to the property owner, in this case Habitat, in person or by first class mail. 00:16:05.922 --> 00:16:13.147 - The notice must provide 10 items of information, including the nature of the violation and what may 00:16:13.147 --> 00:16:20.950 - be appealed to the Utilities Service Board. I want to address two documents referenced in the memo provided 00:16:20.950 --> 00:16:28.030 - by Christopher Wheeler. First, there is a CBU walkthrough inspection letter dated April 16, 2024. 00:16:28.162 --> 00:16:34.965 - This document is clearly labeled as a notice of violation and specifically states that water meter requests 00:16:34.965 --> 00:16:41.264 - for phase two are being withheld until the noted deficiencies are corrected. However, that document 00:16:41.264 --> 00:16:47.627 - contains absolutely no issues related to the western drainage as well. Also, all of the deficiencies 00:16:47.627 --> 00:16:52.414 - that were identified in that notice of violation have since been corrected. 00:16:53.570 --> 00:17:01.770 - The second document is the pre-construction meeting packet for phase two of Osage Place, dated September 00:17:01.770 --> 00:17:10.049 - 17th, 2024. Item four and page five of the document contains a note stating, water services and or meters 00:17:10.049 --> 00:17:18.015 - may be held for any outstanding items noted below. However, none of the outstanding items noted below 00:17:18.015 --> 00:17:23.326 - concern the western drainage swale or any other items in phase one. 00:17:23.618 --> 00:17:33.086 - In the questions and comments section starting on page 12, there is a discussion of ditch line issues. 00:17:33.086 --> 00:17:42.370 - But it says nothing about withholding water service in phase two. Mr. Wheeler's memo states that CBU 00:17:42.370 --> 00:17:51.563 - has used normal protocol and has not deviated from normal practices. Whether or not that is true is 00:17:51.563 --> 00:17:52.574 - immaterial 00:17:52.802 --> 00:18:01.479 - to this appeal. Normal protocol and practices does not equal a legal and fair process as specified by 00:18:01.479 --> 00:18:10.070 - the Bloomington Municipal Code. CBU's normal protocol and practices are arbitrary and capricious and 00:18:10.070 --> 00:18:18.577 - did not afford habitat due process of law to contest denial of water service, which is an essential 00:18:18.577 --> 00:18:21.214 - necessity for home occupation. 00:18:22.018 --> 00:18:28.867 - I urge the members of this board to carefully review those documents with an eye toward what they say 00:18:28.867 --> 00:18:35.784 - and what they don't say. Third, evidence matters. To date, CBU has produced no evidence to support its 00:18:35.784 --> 00:18:42.969 - apparent determination that the western drainage swale is undersized. In fact, it was Habitat that pursued 00:18:42.969 --> 00:18:48.542 - approval of a redesign of the western drainage swale, not on the basis that it was 00:18:48.770 --> 00:18:55.959 - undersized, but to establish a drainage design in which vegetation would not wash away during intense 00:18:55.959 --> 00:19:03.007 - rain events and to provide a backyard environment that homeowners can safely maintain. CBU also has 00:19:03.007 --> 00:19:10.126 - not provided habitat with notice or evidence of other deficiencies. As a result, we've been given no 00:19:10.126 --> 00:19:17.315 - opportunity to understand the nature and legitimacy of this accusation. There's just no way for us to 00:19:17.315 --> 00:19:18.654 - correct or contest 00:19:18.882 --> 00:19:27.298 - this determination. Fourth, remedies matter. It is improper for CBU to withhold water service for homes 00:19:27.298 --> 00:19:35.551 - habitat is building in phase two of Osage Place based on CBU's unsupported claims about the status of 00:19:35.551 --> 00:19:43.886 - a storm water conveyance feature in phase one of Osage Place. These two phases of the neighborhood are 00:19:43.886 --> 00:19:48.094 - permitted and bonded as separate projects. Finally, 00:19:48.258 --> 00:19:55.850 - Fiduciary responsibility matters. Habitat for Humanity of Monroe County owes duty to its owners to spend 00:19:55.850 --> 00:20:03.154 - their funding wisely. This obligation is similar to the duty CBU owes to its ratepayers to prudently 00:20:03.154 --> 00:20:10.818 - spend their funds to maintain the water, sewer, and stormwater systems. Habitat is compelled to undertake 00:20:10.818 --> 00:20:13.566 - this appeal because CBU has failed to 00:20:13.826 --> 00:20:21.922 - Exercise a lawful and fair process with regard to its determination to withhold water service Bloomington 00:20:21.922 --> 00:20:29.561 - municipal code authorizes a stay of cbu's determination Habitat requests an immediate stay of cbu's 00:20:29.561 --> 00:20:37.657 - determination to withhold water service from homes habitat is building in phase two of osage place That's 00:20:37.657 --> 00:20:42.622 - the end of my prepared comments if it's appropriate for question 00:20:42.882 --> 00:20:56.772 - For questions. I'm happy to take them Yes Thank you for your comments and and let's see if we have questions 00:20:56.772 --> 00:21:09.516 - from the board at this stage any questions or observations All right, we may later so Thank you for 00:21:09.516 --> 00:21:12.574 - being with us We'll ask 00:21:15.106 --> 00:21:33.223 - Mr. Wheeler, our counsel, to provide some additional comments and background. Thank you. Chris Wheeler, 00:21:33.223 --> 00:21:43.326 - City Legal. What we're looking at is the process by which 00:21:43.970 --> 00:21:54.177 - CBU works with the developers to install the critical utility infrastructure during their development 00:21:54.177 --> 00:22:04.184 - process. So we had wastewater and storm infrastructure being placed in phase one and phase two. And 00:22:04.184 --> 00:22:12.190 - the documents that are being shared with the board are the procedural documents 00:22:12.290 --> 00:22:20.149 - that CBU uses with regards to its plan review, its process of overseeing the installation and ultimate 00:22:20.149 --> 00:22:28.009 - approval of the installation of critical infrastructure that's just been mentioned. In this particular 00:22:28.009 --> 00:22:35.868 - situation, with regards to the habitat development at Osage, plans were submitted that showed what the 00:22:35.868 --> 00:22:41.438 - storm infrastructure would look like. CBU reviewed those plans, I think, 00:22:42.242 --> 00:22:51.739 - If you look at the timeline that was submitted to the board, these plans would have been reviewed as 00:22:51.739 --> 00:23:01.706 - far back in time as 20 and 21. The plans that were submitted were reviewed and accepted by CBU. It wasn't 00:23:01.706 --> 00:23:09.886 - until later that CBU realized that the particular storm swell that we're talking about 00:23:10.146 --> 00:23:17.666 - was not built according to the plans that they had submitted. Habitat had submitted through their engineers 00:23:17.666 --> 00:23:24.698 - to CBU. So CBU needs to take the measures and the steps to notify them of the fact that they did not 00:23:24.698 --> 00:23:31.661 - follow their own plans that were submitted and approved to CBU and that they needed to correct that 00:23:31.661 --> 00:23:37.022 - storm swale to make it compliant with what they had said they would install. 00:23:38.018 --> 00:23:46.111 - and that became the crux of the issue between them with regards to this storm swale. Fast forward to 00:23:46.111 --> 00:23:54.444 - today and Habitat is still trying to figure out how to correct that storm swale because in the meantime 00:23:54.444 --> 00:24:02.537 - they went ahead and built around the area where that storm swale exists such that the original plans 00:24:02.537 --> 00:24:05.982 - that called for this storm swale no longer 00:24:06.146 --> 00:24:13.122 - they can no longer put in the storm swale they said they would put in because there are homes fixed 00:24:13.122 --> 00:24:20.098 - on either side of this storm swale. They can't be moved. They can't be raised or lowered. You can't 00:24:20.098 --> 00:24:27.074 - get the same kind of drop in the storm swale that would be necessary to effectively carry the water 00:24:27.074 --> 00:24:32.446 - through the neighborhood effectively. That becomes a problem. And so habitat 00:24:32.834 --> 00:24:40.692 - and CBU have been working together to try and correct this problem, but it has taken years for us to 00:24:40.692 --> 00:24:49.018 - get there. Habitat has presented several different plans as a proposal to correct what they had installed. 00:24:49.018 --> 00:24:56.954 - The most recent until last Friday was a set of a hybrid that would do some sort of grading as well as 00:24:56.954 --> 00:25:00.222 - putting in an underground pipe to try and 00:25:00.962 --> 00:25:08.217 - help to usher storm water through the neighborhood. CBU agreed to that plan, but would like, but still 00:25:08.217 --> 00:25:15.824 - needed to address a few encroachment issues with regards to this storm swell where owners of the properties 00:25:15.824 --> 00:25:23.009 - who are now living there were putting their sheds out into the encroachments. That's more between CBU 00:25:23.009 --> 00:25:29.982 - and the owners now, but they were hoping to try and correct that with habitat and said, Hey, this, 00:25:30.178 --> 00:25:36.912 - Plans look good, but we need to figure out what to do with these encroachments. In the meantime, however, 00:25:36.912 --> 00:25:43.265 - Habitat changed their mind and didn't want to do the hybrid approach. They now want to do solely an 00:25:43.265 --> 00:25:49.681 - underground pipe. That plan was submitted on Friday of last week. I'm sorry, that plan was submitted 00:25:49.681 --> 00:25:56.542 - and on Friday of last week, CBU was going to release or review and release its determinations on that plan. 00:25:58.050 --> 00:26:04.783 - determination with CBU on that plan was released as far as their comments today. And there are still 00:26:04.783 --> 00:26:11.449 - a few issues with the concept of putting that underground pipe in with regards to the potential for 00:26:11.449 --> 00:26:18.249 - clogging and creating flooding upstream of the swale. So there are still some issues that the parties 00:26:18.249 --> 00:26:23.582 - are trying to work out to try and make whatever alterations Habitat needs to do 00:26:23.906 --> 00:26:30.455 - to effectively allow proper stormwater management through the neighborhood. This is all just an ongoing 00:26:30.455 --> 00:26:37.004 - negotiation and a process between CBU and the developer. These are natural processes. And when you look 00:26:37.004 --> 00:26:43.364 - at the documentation that has been submitted, you can see in some of the documentation where we have 00:26:43.364 --> 00:26:49.851 - standard language that talks about the fact that if you have deficiencies, we may withhold the release 00:26:49.851 --> 00:26:53.566 - of your water meters. That's one of the things that as the 00:26:53.922 --> 00:27:01.805 - as the design and oversight and acceptance of installation of necessary critical utility infrastructure. 00:27:01.805 --> 00:27:09.989 - That is one of the things that the engineering department can utilize to try and make sure that deficiencies 00:27:09.989 --> 00:27:17.497 - get corrected is to withhold the issuance of water meters. This is not an unusual and new thing. It 00:27:17.497 --> 00:27:18.398 - is the same 00:27:18.722 --> 00:27:25.718 - an ordinary thing that CBU has always had in its protocols and procedures with regards to how it works 00:27:25.718 --> 00:27:32.781 - with developers. We haven't reached a point where we need to issue a notice of violation in this matter 00:27:32.781 --> 00:27:39.166 - because the parties have still been trying to amicably resolve this issue, and so we have not 00:27:39.650 --> 00:27:45.862 - issued a notice of violation because we don't see a violation right now. We see a deficiency in the 00:27:45.862 --> 00:27:52.260 - plans that they submitted versus what they've installed. And we're trying to reach a resolution there. 00:27:52.260 --> 00:27:58.782 - If Habitat turns around and tells us we're not going to put the storm swale in the way we said we would, 00:27:58.782 --> 00:28:05.180 - then we would be in a position where we might be forced to issue a notice of violation. And if we were 00:28:05.180 --> 00:28:09.342 - going to do that, we would follow the procedures that are in place 00:28:09.570 --> 00:28:16.909 - to issue a notice of violation and provide the notice with all of the bells and whistles that go along 00:28:16.909 --> 00:28:24.248 - with it. But we're not there yet. So I feel like this appeal is premature. However, here we are today. 00:28:24.248 --> 00:28:31.444 - We hope to have the opportunity to continue to work with Habitat to resolve, finally, the issue with 00:28:31.444 --> 00:28:36.574 - the storm swale so that all of the development can continue as expected 00:28:36.930 --> 00:28:42.966 - and the meters that are being applied for can be issued. Doesn't seem like a heavy lift, but it's taken 00:28:42.966 --> 00:28:49.177 - years to get there. And it's mostly because Habitat at the very beginning failed to put the infrastructure 00:28:49.177 --> 00:28:55.446 - in that they said they would. So here we are today. I ask that you deny the appeal and allow us to continue 00:28:55.446 --> 00:29:01.424 - to work with Habitat to try and resolve the storm swell issue and allow them to move on with OSH phase 00:29:01.424 --> 00:29:04.094 - two. I am happy to answer questions if I can. 00:29:06.594 --> 00:29:17.125 - Questions for Mr. Wheeler? Chris, I think we've got some options here. One would be an outright denial 00:29:17.125 --> 00:29:27.656 - this evening. We could table, not take action on it tonight, while things are continuing to get worked 00:29:27.656 --> 00:29:33.790 - out. Is that an option? Come back in a couple of weeks? OK. 00:29:36.770 --> 00:29:47.254 - So to do that, I mean, because what we want to do here, I think, is come to the best resolution for 00:29:47.254 --> 00:29:58.053 - all the parties involved. We represent the big picture in storm drainage, long term for the community. 00:29:58.053 --> 00:30:05.182 - But at the same time, we're committed to doing our best to help our 00:30:06.818 --> 00:30:16.992 - bring folks into our water and wastewater system. So as a board, I think where we should be headed is 00:30:16.992 --> 00:30:27.166 - a way for us to hopefully work these things out over the next couple weeks before our next meeting so 00:30:27.166 --> 00:30:34.846 - that we might come back with a resolution. Is that a direction we get ahead? 00:30:38.082 --> 00:30:47.345 - You can table this matter for two weeks, but I'm sure that Habitat wants to know the answer sooner rather 00:30:47.345 --> 00:30:56.258 - than later. I don't wish to speak for Habitat, but I suspect they would like to have an answer. Yeah. 00:30:56.258 --> 00:31:04.297 - Jim, did you have a comment? I wanted to ask a question of Habitat. Yeah, come on up. Yeah. 00:31:04.297 --> 00:31:07.006 - So thank you. I was wondering. 00:31:07.650 --> 00:31:19.066 - whether the underground pipe solution seems a reasonable one to habitat. Habitat is the entity that 00:31:19.066 --> 00:31:30.482 - requested to put in the underground pipe. So the answer to that question is yes. This appeal is not 00:31:30.482 --> 00:31:36.190 - about the underground pipe or the drainage swale. 00:31:36.738 --> 00:31:46.477 - This appeal is about withholding water meters. I understand. Chris? Am I able? Oh, you have a question 00:31:46.477 --> 00:31:56.216 - for him. I wanted to respond to, or maybe ask a question about what you do next. Okay. Chris, does the 00:31:56.216 --> 00:32:02.078 - underground pipe solution seem a reasonable one to you and to 00:32:03.330 --> 00:32:13.393 - I haven't seen the comments from CBU engineering as to the latest proposal. And when will that be available? 00:32:13.393 --> 00:32:22.625 - I think they went out today. So Ginger's here who might be able to speak on that. Hi, Ginger Davis, 00:32:22.625 --> 00:32:32.318 - utility engineer. Yes, we submitted, to answer your question, we did submit some revisions to the plans. 00:32:32.930 --> 00:32:39.658 - Um, our concern is that the inlets within this pipe that they propose are, um, in between houses, which 00:32:39.658 --> 00:32:46.126 - often get clogged. So our question back to the engineer or not, I'm sorry, not our question back to 00:32:46.126 --> 00:32:52.789 - the engineer, but our consideration for the engineer is what happens when these inlets do get clogged? 00:32:52.789 --> 00:32:59.646 - How will water flow? We did notice that some finished floor elevations were below the level of the swale. 00:32:59.842 --> 00:33:06.981 - adjacent. So if it does get clogged, water would move out of this whale and into these people's homes. 00:33:06.981 --> 00:33:14.189 - So our concern is for the homeowners along this whale to ensure that they don't get excess water during 00:33:14.189 --> 00:33:21.398 - flooding conditions. Is this a fixable problem? We have proposed to them a couple solutions of lowering 00:33:21.398 --> 00:33:29.022 - some inlets and regrading some things. There also is a velocity concern within the pipe that the pipe at this 00:33:29.282 --> 00:33:38.223 - current slope will cause water to come out above our standards. So we've asked for some redesign of 00:33:38.223 --> 00:33:47.164 - the pipe to meet our standards. But I do believe it is a fixable solution. And would that pipe with 00:33:47.164 --> 00:33:56.730 - the fixable solution have to be complete before water would be available, water meters would be available? 00:33:56.730 --> 00:33:57.982 - At what point 00:33:58.530 --> 00:34:10.457 - Would the city, would CBU be willing to okay the water meters? Chris? Yeah. Is there a point at which... 00:34:10.457 --> 00:34:16.478 - I can take a stab at this, but... Take a stab? Okay. 00:34:17.026 --> 00:34:24.505 - Our documents have clearly stated from the beginning in our pre-con notes, and this goes to any developer 00:34:24.505 --> 00:34:31.560 - in the community, that we do not release meters until all deficiencies are met. So as soon as these 00:34:31.560 --> 00:34:38.686 - deficiencies are met and the designer is out there designing to the plan as drawn, then we can start 00:34:38.686 --> 00:34:44.542 - to release some meters. But we have to have inspectors to verify that deficiencies 00:34:44.642 --> 00:34:52.146 - have been met, and so far our inspectors have not seen those deficiencies. So this is likely to take 00:34:52.146 --> 00:34:59.651 - a long time. Well, they have to install the pipes, they have to meet your inspection, so this is not 00:34:59.651 --> 00:35:04.926 - something that is done within a week or a month or... Okay, thank you. 00:35:13.218 --> 00:35:21.921 - wasn't sure when when you were talking with Mr. Wheeler what you were recommending could happen over 00:35:21.921 --> 00:35:30.969 - the next two weeks could I ask for some clarification on what what that would entail you've got a really 00:35:30.969 --> 00:35:40.017 - good question because our job but what's been brought before us is an appeal and that's really a process 00:35:40.017 --> 00:35:42.430 - question I think whether we 00:35:43.522 --> 00:35:52.360 - your appeal is questioning whether CBU followed its procedures or not. Correct. And I was thinking in 00:35:52.360 --> 00:36:01.112 - terms of how do we get the quickest resolution here so that we can get water meters to you, which is 00:36:01.112 --> 00:36:10.297 - a little different than just saying yes or no to an appeal, I think. But we may be in a spot where that's 00:36:10.297 --> 00:36:12.030 - what we have to do. 00:36:15.970 --> 00:36:27.156 - We thought very carefully about whether to appeal and what we were appealing. And we are appealing the 00:36:27.156 --> 00:36:38.233 - procedural issues related to the determination to withhold water meters. Okay. Just to be clear about 00:36:38.233 --> 00:36:45.726 - that. My feeling is that you've laid out a good case on your behalf. 00:36:46.306 --> 00:36:56.011 - and I'm gonna take input from the rest of our board, but I think what we need to do is dive deeper into 00:36:56.011 --> 00:37:05.436 - our own procedures because I don't feel like we have enough information tonight to be able to make a 00:37:05.436 --> 00:37:12.062 - good determination on this. Is that, yeah. What is it you want to ask? 00:37:12.546 --> 00:37:22.369 - I need to know specifically what are we asking that we would have in two weeks? Jim, I think our role 00:37:22.369 --> 00:37:31.999 - is to make sure that our staff, that the utilities department has followed its procedures according 00:37:31.999 --> 00:37:42.014 - to the municipal code that's been cited in the appeal. I don't have enough information on that tonight. 00:37:42.626 --> 00:37:52.532 - to be able to say yes or no? Well, I haven't heard from Chris any response to the procedural issues. 00:37:52.532 --> 00:38:02.536 - He talked about how they failed to meet the SWAIL requirements and didn't build it, but I didn't hear 00:38:02.536 --> 00:38:09.598 - any response to the failure to follow procedural issues. Good question. 00:38:18.594 --> 00:38:26.711 - I guess I thought that I had made a response to that, Mr. Sherman. My point was to say that Habitat's 00:38:26.711 --> 00:38:34.670 - complaining because we didn't follow a process or procedure with regards to notice of violation. We 00:38:34.670 --> 00:38:42.628 - did not issue a notice of violation because there isn't one right now. There is a deficiency in the 00:38:42.628 --> 00:38:46.846 - design plan that needs to get corrected. We have not 00:38:47.362 --> 00:38:57.081 - identified a violation, we're simply working with Habitat to correct a deficiency. Part of the process 00:38:57.081 --> 00:39:06.517 - of design and review and acceptance of installed utility infrastructure is to withhold water meters 00:39:06.517 --> 00:39:16.048 - if there are deficiencies in the installation of the utility itself. So when it comes to a notice of 00:39:16.048 --> 00:39:17.086 - violation, 00:39:17.506 --> 00:39:24.972 - I would agree with Kari Bennett that we haven't provided notice and all of the bells and whistles that 00:39:24.972 --> 00:39:32.439 - go with a notice of violation notice to Habitat. We haven't issued a notice of violation. We're simply 00:39:32.439 --> 00:39:39.833 - trying to amicably resolve an issue with regards to deficiency in the installation of infrastructure. 00:39:39.833 --> 00:39:45.342 - I understand now. However, whether you call it a deficiency or a violation, 00:39:46.818 --> 00:39:54.083 - the outcome is the same. There's no water meter. And with a deficiency, you don't have to provide 00:39:54.083 --> 00:40:01.497 - notification. So the outcome is absolutely the same. I mean, it seems to me if there's a deficiency 00:40:01.497 --> 00:40:09.282 - that needs to be corrected, there needs to be notification. I mean, maybe not by the law, but, you know, 00:40:09.282 --> 00:40:12.766 - the outcome is the same as if you had declared 00:40:12.898 --> 00:40:19.480 - a violation. It would have been better for Habitat had you declared a violation. Because then they would 00:40:19.480 --> 00:40:25.811 - have been notified. In the history of negotiating with Habitat, there have been meetings as you look 00:40:25.811 --> 00:40:32.080 - through the timeline. There have been meetings and there have been walk-throughs. There's been plan 00:40:32.080 --> 00:40:38.411 - review and design review. And along the way, there has been discussion about the fact that the storm 00:40:38.411 --> 00:40:40.542 - swale was not properly installed. 00:40:40.994 --> 00:40:47.445 - nature of it of that the work between CBU and the developer with regards to making sure that what get 00:40:47.445 --> 00:40:53.770 - what they say they're going to install actually gets installed at some point if they don't do it we 00:40:53.770 --> 00:41:00.285 - have to we get pushed to a point where we do need to issue a notice of violation but we've been trying 00:41:00.285 --> 00:41:06.926 - to work with habitat and we've never gotten to the point where a notice actually got issued I understand 00:41:06.926 --> 00:41:10.974 - thank you a notice of violation ever got issued okay then Chris 00:41:11.650 --> 00:41:18.229 - What are some options here at this stage in the game? Well, I believe that there's been a request for 00:41:18.229 --> 00:41:24.744 - this board to decide whether we follow process. If the board feels like it needs more information in 00:41:24.744 --> 00:41:31.452 - order to make that determination, then I suppose we're going to have to come back with more information 00:41:31.452 --> 00:41:38.031 - for you, unless you'd rather have a decision today, in which case the board's going to be required to 00:41:38.031 --> 00:41:40.030 - come up with a decision today. 00:41:40.866 --> 00:41:48.605 - Or at least to do as we discussed initially before the meeting started. Cara Bennett and I discussed 00:41:48.605 --> 00:41:56.267 - with you the idea that we would submit to the board the proposed findings for the board to consider 00:41:56.267 --> 00:42:03.929 - and then in two weeks come back with its decision in writing. That sounds like a pretty good option 00:42:03.929 --> 00:42:09.982 - to me if if if everyone agrees on that and come back in a couple of weeks with 00:42:10.178 --> 00:42:22.436 - some proposed solutions to the appeal. Proposed findings. Findings, yes. Proper term. Does two weeks 00:42:22.436 --> 00:42:35.422 - give staff and city legal and have it had enough time to mitigate this or should we be looking at a month? 00:42:36.994 --> 00:42:43.828 - I know there's a lot on staff's plate right now. The two weeks is to give both parties the opportunity 00:42:43.828 --> 00:42:50.596 - to submit to the board its proposal as to what the findings should be of this board and then also for 00:42:50.596 --> 00:42:57.431 - the board to review those proposals and come back in the two weeks and give its decision. It's not two 00:42:57.431 --> 00:43:04.066 - weeks for us to mitigate. Now, during the two weeks, it's very likely that we're going to be having 00:43:04.066 --> 00:43:06.654 - communications and maybe there is some 00:43:07.042 --> 00:43:14.203 - solution that occurs in the two weeks that renders moot the need for the appeals for this board to make 00:43:14.203 --> 00:43:21.296 - a decision on the appeal. But the two weeks that I'm talking about isn't for that necessarily for this 00:43:21.296 --> 00:43:28.388 - board. It's just to allow an opportunity for the two parties to present their findings and recommended 00:43:28.388 --> 00:43:34.654 - decision by the board. OK? That makes sense to me, because we need those sets of findings. 00:43:37.442 --> 00:43:48.639 - Habitat is okay with preparing our proposed findings and submitting them to the utility service board 00:43:48.639 --> 00:44:00.384 - so that you have them in front of you in your meeting in two weeks. We would not be supportive of delaying 00:44:00.384 --> 00:44:04.446 - a decision beyond that next meeting. 00:44:04.546 --> 00:44:12.250 - because we need some certainty to move forward. As I mentioned, we are not able to get water meters 00:44:12.250 --> 00:44:19.954 - right now. That is a critical issue for us. Of course. Thank you. We didn't talk about this. And so 00:44:19.954 --> 00:44:27.966 - if Habitat is okay with this proposal, I think it makes sense for us to be asked to submit our findings 00:44:27.966 --> 00:44:32.126 - and recommendation for conclusions within seven days. 00:44:32.354 --> 00:44:41.167 - so that you have another seven days to review those and come back at the next meeting to actually render 00:44:41.167 --> 00:44:49.728 - your decision. Does that sound reasonable? Yeah, Chris, tell me if this is wrong. It seems to me that 00:44:49.728 --> 00:44:58.289 - whether the city followed proper procedure or not is a legal issue rather than anything else. I don't 00:44:58.289 --> 00:45:01.310 - know how the board can decide that. 00:45:02.402 --> 00:45:11.403 - I know Habitat feels one way and you feel another way, but to me that sounds like a legal issue. I'm 00:45:11.403 --> 00:45:20.316 - not a lawyer and when I hear both sides, I'm not sure I could make a proper decision. It is a legal 00:45:20.316 --> 00:45:29.228 - decision, but you have to put your hat on and make a decision based upon what it is we've presented 00:45:29.228 --> 00:45:30.654 - to you and what 00:45:31.202 --> 00:45:38.564 - Kari and I are going, I'm sorry, I've known you too long. Ms. Bennett, what we would present to you, 00:45:38.564 --> 00:45:46.218 - you'll have to review that and make your decision based upon what you've heard today and what we present 00:45:46.218 --> 00:45:53.799 - to you in writing. If we grant the appeal, does that, that doesn't negate the fact that they still have 00:45:53.799 --> 00:46:00.286 - to meet all the requirements in order to get the water meters, right? They're requesting 00:46:03.490 --> 00:46:10.505 - They're appealing our decision, CBU's decision to not issue the water meters. If you grant the appeal, 00:46:10.505 --> 00:46:17.316 - correct me if I'm wrong, but if you grant the appeal, we would be compelled then to issue the water 00:46:17.316 --> 00:46:24.264 - meters. We would have to divorce the issuance of the water meters from the concerns that we have with 00:46:24.264 --> 00:46:31.415 - the existing storm swale the way it is. Is that fairly stated? I believe that is fairly stated. It would 00:46:31.415 --> 00:46:33.118 - separate the two issues. 00:46:33.410 --> 00:46:41.411 - If we were to be granted the appeal, we would be able to get water meters. We would still be working 00:46:41.411 --> 00:46:49.332 - with CBU on the Western Drainage Swale, which we are committed to do. And Chris, one more question. 00:46:49.332 --> 00:46:57.412 - What is the downside of issuing the water meters? Is there something disastrous that could happen? Or 00:46:57.412 --> 00:47:02.878 - is it just withholding it because they didn't agree to certain plans 00:47:03.074 --> 00:47:09.910 - but that's independent of any negative effects of installing water meters. I have not been involved 00:47:09.910 --> 00:47:16.882 - in all of the conversations that have happened over the years between CBU and Habitat that gets us to 00:47:16.882 --> 00:47:24.128 - the point we are today. I don't know how many different ways the parties have discussed trying to resolve 00:47:24.128 --> 00:47:29.118 - this storm swale issue. I just think that it's reached a point where CBU 00:47:30.178 --> 00:47:38.404 - really would like them to pay attention and get that done so that we can all move forward with OSH2 00:47:38.404 --> 00:47:47.041 - and not have to worry anymore about this lingering concern. But I'm not jumping into a speculation right 00:47:47.041 --> 00:47:55.514 - now. I'm asking the question about any possible negative effects of issuing. No, I don't think there's 00:47:55.514 --> 00:47:58.558 - a negative effect that the CBU would 00:47:58.882 --> 00:48:04.608 - would experience if it issues the meters. Except for the fact that we don't have the, we don't have 00:48:04.608 --> 00:48:10.448 - a storm swale that's properly installed at the moment. And then it would be based simply on the trust 00:48:10.448 --> 00:48:16.173 - of habitat to follow through and do it. We're gonna have to wait and see what happens, right? Based 00:48:16.173 --> 00:48:22.013 - on what Ginger said, it sounds like there are potential issues for the homeowners if those things are 00:48:22.013 --> 00:48:28.254 - not corrected. There are potential issues for the homeowners with regards to the storm swale, but that's got 00:48:28.386 --> 00:48:37.761 - nothing to do with whether water meters get issued. But if there's no water flowing, then they wouldn't 00:48:37.761 --> 00:48:46.955 - have an issue. Well, so the water meters are for the water pipes. The storm soils are for storm water 00:48:46.955 --> 00:48:56.420 - issuance. Would the issuance of water meters be done when you agreed on a solution or when that solution 00:48:56.420 --> 00:48:57.502 - is actually 00:48:58.050 --> 00:49:05.217 - actualized what I heard ginger say is that once the storm swale with the current with the current new 00:49:05.217 --> 00:49:12.244 - plans that have been proposed with the underground pipe if you can do the couple of things that cbu 00:49:12.244 --> 00:49:19.552 - has recommended to alter that their current plans cbu will accept those plans and then they will expect 00:49:19.552 --> 00:49:26.650 - the installation of that underground pipe with those inlets before they would issue the water meters 00:49:26.650 --> 00:49:27.774 - is what I heard 00:49:28.034 --> 00:49:35.987 - Ginger say. Whether CBU would change their minds and issue the water meters upon acceptance of the plans, 00:49:35.987 --> 00:49:43.639 - I don't know. But that doesn't sound like what CBU generally does. I understand. But would a possible 00:49:43.639 --> 00:49:51.141 - solution be that if both parties agreed on the plan, then we could... I would have to leave that up 00:49:51.141 --> 00:49:56.318 - to CBU and Habitat to determine. So we might have that as an option? 00:49:57.698 --> 00:50:13.151 - I would like to clearly state Habitat is appealing the procedures or lack thereof related to with CPUs 00:50:13.151 --> 00:50:26.654 - withholding of water service in phase two. We are not asking this board to help negotiate 00:50:27.650 --> 00:50:37.575 - what the Western drainage swale should look like or how that process should work. We are requesting 00:50:37.575 --> 00:50:47.898 - your review and decision on the process that was used to make the determination that CBU would not give 00:50:47.898 --> 00:50:55.838 - us water service. That's it. Fair enough. Can you explain to us why the project 00:50:58.370 --> 00:51:08.043 - We have never been given any evidence from CBU to support that claim. That was covered in the appeal 00:51:08.043 --> 00:51:18.195 - document that we wrote and that is part of the process that we are appealing now. It is fine for somebody 00:51:18.195 --> 00:51:27.198 - to say we think this is undersized, but there needs to be evidence presented to support that. 00:51:27.746 --> 00:51:37.123 - We still are looking for that evidence. Understand. I think we need to table. I do have one more question. 00:51:37.123 --> 00:51:46.412 - Aside from the water, are these two homes where the water has been withheld? Are they ready for occupancy 00:51:46.412 --> 00:51:55.876 - aside from water? They are not, but they will be in about two weeks. OK. Thank you. We've got some homework 00:51:55.876 --> 00:51:57.278 - to do, I think. 00:51:58.946 --> 00:52:08.489 - So I think it would be good to entertain a motion to table until our next meeting. If we are going to 00:52:08.489 --> 00:52:17.938 - be expected to review this, I would like to see from staff's perspective the outline of the timeline 00:52:17.938 --> 00:52:26.078 - and conversations that have happened. We have seen exhibits provided by Habitat, which 00:52:26.882 --> 00:52:36.162 - Again, not to say that anything is wrong or whatnot. It's just we've seen the one side of the communications. 00:52:36.162 --> 00:52:44.851 - I don't know that we have fully seen. I appreciate what Mr. Weaver has shared, but I just want to make 00:52:44.851 --> 00:52:53.287 - sure that we are truly hearing both sides. That's right. And that's what we'll need in our homework 00:52:53.287 --> 00:52:56.830 - session between now and our next meeting. 00:52:59.106 --> 00:53:08.513 - And now I will move to table, if I'm doing the correct thing, have I moved to table this appeal to a 00:53:08.513 --> 00:53:18.106 - future meeting? Second. Okay, it's been moved and seconded to table this appeal. Any other discussion? 00:53:18.106 --> 00:53:27.326 - It just doesn't need to specify the next CBU meeting on the 5th. We can do that. Is that the date? 00:53:30.434 --> 00:53:39.372 - October 5th. Fifth or sixth? Fifth. Fifth? Okay. Friendly amendment? Friendly amendment. All right. 00:53:39.372 --> 00:53:48.667 - Specify the date to be October 5th, 2026 at the next CBU meeting. Second. All right. Moved and seconded 00:53:48.667 --> 00:53:57.783 - to table two, October 5th. Any other discussion? All in favor say aye. Aye. Opposed? All right. We'll 00:53:57.783 --> 00:54:00.286 - get some work done on that. 00:54:01.346 --> 00:54:09.651 - Thank you everyone who attended and we appreciate you bringing those issues to our attention. 00:54:09.651 --> 00:54:19.282 - Thank you. Our next item is item seven requesting approval of resolution 26-16 for the salaries of appointed 00:54:19.282 --> 00:54:28.382 - officers non-union and ask me employees for CBU for 2027. Is Audrey here or is Chris going to do that? 00:54:32.098 --> 00:54:42.842 - Or you are on. Oh, I'm sorry. Yeah, we yes salaries. So this is. I believe that Audrey was here last 00:54:42.842 --> 00:54:53.692 - year to discuss this. She had an issue that prevented her personal issue that prevents her from being 00:54:53.692 --> 00:55:00.606 - here tonight. But basically this is a statutory requirement that 00:55:01.122 --> 00:55:08.317 - The state in statute and I believe Audrey provided her memorandum that shows the statute that we're 00:55:08.317 --> 00:55:15.512 - talking about requires that this board review and approve the salaries before they go up to council 00:55:15.512 --> 00:55:22.850 - for final adoption. And so Audrey Brittingham has presented the information to the board with regards 00:55:22.850 --> 00:55:28.894 - to salaries of appointed officers, non union and AFSCME employees for 2027 for CBU. 00:55:29.026 --> 00:55:38.799 - and would like this board to approve that resolution that's been presented so that then the city can 00:55:38.799 --> 00:55:48.669 - take this matter up to council for final approval. Okay. I believe somebody from HR is present online 00:55:48.669 --> 00:55:56.990 - if there are questions that you have that I can't answer and maybe they can help out. 00:55:58.626 --> 00:56:09.066 - Questions for Mr. Wheeler or City HR? I guess I assume folks in these positions feel like they are renamed 00:56:09.066 --> 00:56:19.116 - appropriately or reclassified appropriately. They're not new positions. They're just changes, correct? 00:56:19.116 --> 00:56:24.190 - I can't speak to that. I'm sorry. I don't know. OK. 00:56:28.962 --> 00:56:42.880 - Thank you. Yes. There are some adjustments that we made. Most of these adjustments were to align our 00:56:42.880 --> 00:56:58.590 - current practices. We aligned our current org chart to the salary ordinance. We've been working to clean that up. 00:56:58.722 --> 00:57:08.323 - over the last couple salary ordinances. Maybe at a future meeting, could you share with us your updated 00:57:08.323 --> 00:57:17.647 - ORC chart, please? Oh, yeah. Thank you. Yeah, absolutely. These are really, I think this was part of 00:57:17.647 --> 00:57:25.310 - the classification review, routine classification review that occurs periodically. 00:57:25.858 --> 00:57:34.573 - organizations. I'm glad that we do this in the city to review the complexity of the jobs and decide 00:57:34.573 --> 00:57:43.985 - whether classifications are appropriate. And then this then it's agreed upon between the the ASME employees 00:57:43.985 --> 00:57:52.962 - and our others. And HR then does the part for the non union employees as well. So we're just codifying 00:57:52.962 --> 00:57:55.838 - those right? That's right. Okay. 00:57:58.722 --> 00:58:14.539 - any other discussion on resolution 26 16 motion to approve all right it's been moved and seconded all 00:58:14.539 --> 00:58:28.030 - in favor say aye opposed all right motion carries thank you thank you and next item is 00:58:28.130 --> 00:58:36.701 - is item eight, approval of the easement for the Duke Energy Incorporated at the Winston Thomas site 00:58:36.701 --> 00:58:45.700 - for the National Guard Armory property. Yeah, hi Chris Wheeler, City Legal again. We see these easements 00:58:45.700 --> 00:58:54.357 - come about fairly regularly lately. This one reads the same as two previous easements we've reviewed 00:58:54.357 --> 00:58:56.414 - and approved with Duke. 00:58:57.538 --> 00:59:04.441 - Traditionally what they do is give us their standard boilerplate form and we ask them to make a couple 00:59:04.441 --> 00:59:11.276 - of changes with regards to staying within the easement and not being able to just change the location 00:59:11.276 --> 00:59:17.978 - of the easement because they wish to. So we lock them into knowing where the easement should be and 00:59:17.978 --> 00:59:24.680 - staying within that easement with their infrastructure. This is a situation where in order for Duke 00:59:24.680 --> 00:59:25.886 - to supply service 00:59:26.178 --> 00:59:33.592 - to the National Guard Armory for a couple of electric car charging ports, they have to cross a little 00:59:33.592 --> 00:59:41.296 - spit of land that we own. So there's a heavy box in the diagram that shows where the easement is actually 00:59:41.296 --> 00:59:48.855 - going to be located, and that crosses that tiny little spit of land that we own. We recommend approval, 00:59:48.855 --> 00:59:55.614 - as we've done in the past with Duke, and I'm happy to try and answer any questions you have. 00:59:56.674 --> 01:00:06.574 - Okay. Any questions for Mr. Wheeler? This easement grant. All right. Ready for motion to approve? I 01:00:06.574 --> 01:00:16.869 - move that we approve the easement with Duke. Second. All right. It's been moved and seconded to approve 01:00:16.869 --> 01:00:25.086 - the easement to Duke Energy at Winston Thomas. All in favor say aye. Aye. Opposed? 01:00:25.890 --> 01:00:32.496 - All right, motion carries, it is approved. Item nine then is requesting approval of change order number 01:00:32.496 --> 01:00:38.974 - one with Cocosing Industrial. And Kevin White's here. Kevin White, Capital Projects Coordinator. This 01:00:38.974 --> 01:00:45.643 - change order is with Cocosing Industrial related to the guaranteed savings contract for the lift station 01:00:45.643 --> 01:00:52.059 - improvement project that's been ongoing. That original project we basically rehabbed roughly 10 lift 01:00:52.059 --> 01:00:55.806 - stations. As part of the guaranteed savings there was some 01:00:56.642 --> 01:01:07.118 - some money left over for the project where they were Kikosin came in under budget. We're going to utilize 01:01:07.118 --> 01:01:17.199 - part of that savings and pair it with the change order increase amount of $1,300,200 for a new not to 01:01:17.199 --> 01:01:19.966 - exceed total of $7,807,437. 01:01:20.290 --> 01:01:29.081 - And the change order will allow CBU to completely rebuild the Westwood lift station, which is on Glen 01:01:29.081 --> 01:01:36.062 - Oaks Drive off of Curry Pike. So one of our top five largest flow lift stations. 01:01:36.226 --> 01:01:44.617 - And when it does go down or we have issues with the backup power there, it's very hard for our crews 01:01:44.617 --> 01:01:53.257 - to maintain with the VAC trucks. So this upgrade will include brand new pumps, brand new control panel, 01:01:53.257 --> 01:02:01.730 - an increase in the diameter of the incoming sanitary sewer pipe, and a new generator for the site. So 01:02:01.730 --> 01:02:04.638 - I'm happy to answer any questions. 01:02:05.250 --> 01:02:14.430 - either the install or upgrade here, you know, it Westwood. Yeah, it's been quite a while. I don't have 01:02:14.430 --> 01:02:23.520 - that 10 years 20 years. I'd say every bit of 20. James, I'd say every bit of 20. Okay. Thank you. Any 01:02:23.520 --> 01:02:32.254 - questions for Kevin White? Yeah, curiosity how much under budget, like some of this additional is 01:02:32.674 --> 01:02:40.062 - sure money right yes correct the one three is new so we had it was really closer to 01:02:40.674 --> 01:02:46.577 - one and a half million that they came in under budget. We've, uh, we added a couple of generators to 01:02:46.577 --> 01:02:52.538 - other sites, also purchased a mobile generator that we can use at Lyft stations. And then after those 01:02:52.538 --> 01:02:58.558 - purchases, we had 700,000, we liked the work that Cacosing was doing, approached the Lyft station crew 01:02:58.558 --> 01:03:04.753 - to see which Lyft stations they would suggest. Uh, rehabbing Westwood was at the top of the Lyft station. 01:03:04.753 --> 01:03:06.974 - And since we know that Cacosing does, 01:03:07.138 --> 01:03:14.072 - does good work. That's kind of the joy of the of the GSE contracts. And this contract delivery method 01:03:14.072 --> 01:03:20.870 - is that we can then proceed with Cokosing to do this work without having to go back out to bid. And 01:03:20.870 --> 01:03:27.872 - I appreciate the project. You know, we had a projects meeting over a year ago and you guys gave me the 01:03:27.872 --> 01:03:34.875 - gave us the full inventory of generators and where we had vulnerabilities. And we all agreed that that 01:03:34.875 --> 01:03:37.118 - was a place we needed to invest. 01:03:37.602 --> 01:03:46.682 - And so this looks like, you know, making this a priority because it's high volume. It's a good thing. 01:03:46.682 --> 01:03:55.583 - Absolutely. All right. Any other questions for Kevin or discussion? Ready for a motion? I move that 01:03:55.583 --> 01:04:04.841 - we approve change of order number one with Cocosine. Second. It's been moved and seconded. All in favor 01:04:04.841 --> 01:04:07.422 - say aye. Aye. Opposed? Okay. 01:04:08.738 --> 01:04:16.215 - Go to work. Thank you. All right. Next on the agenda then is item 10 requesting approval of the on-call 01:04:16.215 --> 01:04:23.692 - agreement with Woods Electrical Contractors. Matt, you're going to present this one. Yeah, this is just 01:04:23.692 --> 01:04:31.025 - another electrical option that we would like to have an on-call contract with that we can use when we 01:04:31.025 --> 01:04:38.142 - need to. So this is for on-call services. Total contract amount of twenty thousand dollars a year. 01:04:39.650 --> 01:04:48.731 - two additional one-year renewal periods. Got it. And they would provide on-call electrical telecom data 01:04:48.731 --> 01:04:57.811 - cabling services. Okay. All right. Any other questions or discussion? That we approve the contract with 01:04:57.811 --> 01:05:06.542 - Woods Electrical. Second. It's been moved and seconded to approve this on-call agreement with Woods 01:05:06.542 --> 01:05:08.638 - Electrical contractors. 01:05:09.282 --> 01:05:17.992 - All in favor say aye. Aye. Opposed? All right, motion carries. Next item is item 12 or 11, excuse me, 01:05:17.992 --> 01:05:26.531 - requesting approval of the service agreement with TY Lynn International. Dan Hudson's here. Hi, I'm 01:05:26.531 --> 01:05:35.582 - Dan Hudson, Capital Projects Manager for City Bloomington Utilities. The recently upgraded sewage hauling 01:05:36.034 --> 01:05:47.379 - rate structure emphasizes, and this was updated by the full use city board that did this recently, emphasize 01:05:47.379 --> 01:05:57.891 - an accurate measuring of the quantity of septics delivered to the Dillman wastewater treatment plan. 01:05:57.891 --> 01:06:02.366 - According to CBU regulations, haulers must 01:06:02.562 --> 01:06:13.306 - report the volume of the septics, and pay a fee based on an applicable structure. The proposed design 01:06:13.306 --> 01:06:24.578 - that TY Lynn is offering us is for a receiving station and a weighing station. That would give us accurate 01:06:24.578 --> 01:06:32.478 - billing and a revised rate. What was going on in the past is that we would 01:06:33.250 --> 01:06:44.067 - charge a company based on a tank, tanker, because we didn't know, we didn't have a way to measure how 01:06:44.067 --> 01:06:55.415 - much septic was being received. With this, we can do it based on weight. So that's what TY Lin is offering 01:06:55.415 --> 01:06:57.854 - a design for us to do. 01:06:58.050 --> 01:07:07.637 - Their cost for this design, excuse me, my throat is giving out, cost for this design is $114,940. I 01:07:07.637 --> 01:07:17.799 - ask the board to consider this proposal. Thank you. Dan, I guess my first question is, we had this system 01:07:17.799 --> 01:07:24.318 - in place we all talked about, though we thought it was fair or not. 01:07:24.802 --> 01:07:33.761 - Yes. Because you could have a 30,000 gallon tank and only have it with 10,000 gallons in it and we'd 01:07:33.761 --> 01:07:42.366 - still charge you for 30. Yes. What's the ROI on this? Do we feel like this is a good investment? 01:07:42.366 --> 01:07:51.325 - We have, as a group, we went to Kentucky to visit a site that had this facility that we were looking 01:07:51.325 --> 01:07:54.430 - at. And I asked him that question. 01:07:54.626 --> 01:08:02.132 - And they said it was about one year, which I'm struggling with that. I think it's going to take more 01:08:02.132 --> 01:08:09.713 - than a year to pay it off. But if it's two years, three years, that's really a pretty short return on 01:08:09.713 --> 01:08:17.368 - investment at that point. OK. Thank you. With the design and build, because that was also my question. 01:08:17.368 --> 01:08:22.942 - No, no. It's just the design, the build. I don't have a cost for that yet. 01:08:23.490 --> 01:08:31.309 - Yeah, that's good. I mean, right there. Obviously, the cost of the build would come but yes. Okay. Yeah. 01:08:31.309 --> 01:08:38.384 - Any other questions for Dan? Discussion? All right, we're ready for a motion. Okay. Thank you. 01:08:38.384 --> 01:08:46.054 - Thank you. I move that we approve the contract with T.Y. Lin. Second. I move and second to approve the 01:08:46.054 --> 01:08:53.054 - service agreement with T.Y. Lin International. All in favor say aye. Aye. Opposed? All right. 01:08:53.218 --> 01:09:02.427 - Motion carries, thank you. Item 12 on the agenda is requesting approval of the amendment number one with T.I. 01:09:02.427 --> 01:09:11.468 - Linn International. And Dan's still here. Still here, yeah. That's a current project that we have that T.Y. 01:09:11.468 --> 01:09:19.924 - Linn is looking at the capital plan for Dillman, the five-year and the 10-year, and they're updating 01:09:19.924 --> 01:09:21.598 - all the cost on it. 01:09:21.698 --> 01:09:32.590 - They're just asking for a little more time. So we're saying to the end of November. There's no additional 01:09:32.590 --> 01:09:42.968 - cost in that. OK. Very good. Any discussion, questions? Ready for motion. I move that we approve the 01:09:42.968 --> 01:09:50.366 - contract with TY Lynn. Second. All right. It's been moved and seconded. 01:09:50.466 --> 01:10:02.437 - to approve the Amendment 1 with TY Lin. All in favor say aye. Opposed? Motion carries. Thank you. 01:10:02.437 --> 01:10:14.896 - All right. I think that's all on our line items. Yeah, it looks like one got added and I didn't print 01:10:14.896 --> 01:10:17.950 - that one. Okay, this one 01:10:20.738 --> 01:10:30.491 - Is it still on the agenda? Troy risk. Yeah. Yeah. Okay. That's why it's that's why we're thinking it's 01:10:30.491 --> 01:10:39.961 - still there. Okay. And I think that's all of our action items in my tracking. Okay. All right. Then 01:10:39.961 --> 01:10:48.862 - next on our agenda is old business. Any old business from the board? Old business from staff. 01:10:51.362 --> 01:11:04.373 - a new business from the board. Business, the board, new business from staff. We thought there's been 01:11:04.373 --> 01:11:15.710 - this weekend. Yes, we've had a weekend. It's been a ride. So on Friday, September 18th, 01:11:16.418 --> 01:11:24.832 - The storm that came through very briefly caused a power outage at Monroe Water Treatment Plant approximately 01:11:24.832 --> 01:11:32.089 - around 6 p.m. We have a backup generator that's capable of running the plant at 50% capacity. 01:11:32.089 --> 01:11:39.808 - It was working, but there were some additional electrical issues at the intake tower that prevented 01:11:39.808 --> 01:11:45.598 - the plant from being able to treat and pump water for 10 and a half hours. 01:11:46.402 --> 01:11:57.261 - a very long time to not be treating water for our plant. One of the pumps that delivered, so in that 01:11:57.261 --> 01:12:08.443 - time, we worked to get the intake tower in a place where it was pumping water again. It was not pumping 01:12:08.443 --> 01:12:15.646 - at full capacity. I believe we were drawing maximum 18 MGD. Great. 01:12:15.938 --> 01:12:29.591 - And when we were able to draw water from the intake tower, one of the pumps that boosts our alum, which 01:12:29.591 --> 01:12:43.113 - helps the flock, which grabs the sediment, that was essentially burnt up by a power surge when it came 01:12:43.113 --> 01:12:45.214 - back on. So the 01:12:45.570 --> 01:12:53.303 - That was burnt up it. Um, actually we, um, replaced it and then it was burnt again. And then we were 01:12:53.303 --> 01:13:00.959 - able to have a, um, backup solution. So we now, so we have a temporary alum feeding solution. Um, I 01:13:00.959 --> 01:13:08.769 - want to give a lot of kudos to our staff, our operators and our maintenance staff who are on site who 01:13:08.769 --> 01:13:11.678 - are incredible, quick thinking, calm, 01:13:12.130 --> 01:13:23.537 - problem solvers who were able to get it done very quickly. So we had, due to this, we had a brief spike 01:13:23.537 --> 01:13:34.725 - in the turbidity at the plant. That brief spike in turbidity caused the turbidity readings to be over 01:13:34.725 --> 01:13:41.854 - one NTU, which is cause for the county-wide boil water advisory. 01:13:42.242 --> 01:13:51.425 - that was in combination with the low tank levels, which as you get lower, there's a chance of more sediment 01:13:51.425 --> 01:14:00.523 - in the water as well. So we went ahead and issued the county wide boil water advisory and began to collect 01:14:00.523 --> 01:14:09.026 - samples throughout the distribution system so that we could see what it was looking like there. And 01:14:09.026 --> 01:14:10.046 - those take, 01:14:10.626 --> 01:14:18.850 - 24, but we'd like to be conservative with our time. So 26 hours to run. Um, and so we took those samples, 01:14:18.850 --> 01:14:26.686 - the samples came back clear and we were able to lift it that lift the boil water order this morning. 01:14:27.266 --> 01:14:35.518 - We continue to have some issues with our water pressure throughout the system as our system is recovering. 01:14:35.518 --> 01:14:43.230 - Many of the tanks during that extended outage got critically low. And so we are currently refilling 01:14:43.230 --> 01:14:50.942 - the tanks. We now are pumping back up at a normal capacity. So we were able to restore other pumps, 01:14:50.942 --> 01:14:56.958 - so we're pumping at that higher capacity. I think we're still at 21, I think. 01:14:57.954 --> 01:15:08.035 - So now we're, and that is a very high, higher end amount. And so yeah, we are, the pumps are back up 01:15:08.035 --> 01:15:18.415 - and running. We're slowly filling the tanks and we have pressure in the system and the boil water order 01:15:18.415 --> 01:15:27.198 - has been lifted. So hopefully I didn't leave anything out. I'm happy to take questions. 01:15:27.554 --> 01:15:35.475 - board or further discussion. Also, for any technical details, we do have Hector here, our Assistant 01:15:35.475 --> 01:15:43.554 - Director of Operations who could potentially answer those more technical details. All right. Comments 01:15:43.554 --> 01:15:51.791 - from the board? Want to start on this end? Are you looking at me? No. Whichever. Who wants to go first? 01:15:51.791 --> 01:15:56.702 - Sure. OK. Number one, thank you to our team who is out there. 01:15:56.994 --> 01:16:03.744 - all night, all day, working on it 24-7 until we're able to lift the boil order. So thank you very much. 01:16:03.744 --> 01:16:10.364 - So a few questions. Number one, and this is kind of just like an explaining it to me because I'm just 01:16:10.364 --> 01:16:17.178 - the everyday person here. So when we lifted the boil order, then how do we know, because our water takes 01:16:17.178 --> 01:16:23.733 - time to get through the distribution line, so how do we know that people further down the line, that 01:16:23.733 --> 01:16:26.654 - in between time, how does that work, please? 01:16:27.682 --> 01:16:37.410 - So the readings at the and I might ask for a little backup on this, but the readings that we took to 01:16:37.410 --> 01:16:47.139 - issue the boil water were at the plant. Those quickly came back down. I think they were back down by 01:16:47.139 --> 01:16:55.326 - six PM. Yeah, they came up at five PM on Saturday and they were back down by six PM. 01:16:56.354 --> 01:17:03.193 - And so that went out into the system. We took our samples that next morning. So it was out in the system 01:17:03.193 --> 01:17:09.771 - just to confirm. And so that is the best way to tell that we could lift the boil water was that when 01:17:09.771 --> 01:17:16.349 - we took the samples, it was out in different points of the distribution system. Great. Thank you. My 01:17:16.349 --> 01:17:21.950 - other question is about our generators. And I know we've talked about this with like, 01:17:22.626 --> 01:17:30.113 - with our water rate case that has recently passed and starting to be implemented, how are generators 01:17:30.113 --> 01:17:37.525 - in that plan? Because power outages happen often, and especially out in a more rural area, like our 01:17:37.525 --> 01:17:45.382 - water treatment plant is located. And then also with the alum you mentioned that we burned up two, what's 01:17:45.382 --> 01:17:52.350 - to say that another power outage wouldn't burn up a third one? Because obviously there's some 01:17:52.482 --> 01:18:08.042 - trigger in that system there for that. So I'd be interested to hear more. Thank you. Heteroactive operations. 01:18:08.042 --> 01:18:19.358 - To your question, that was something that we learned in this storm. Usually our 01:18:22.338 --> 01:18:32.471 - Power generators, they have an automated transfer switch in most, you know, wastewater, other stations. 01:18:32.471 --> 01:18:42.604 - Unfortunately, in Monroe, it need to be manual controlled. We have SCADA and we have manually. It took, 01:18:42.604 --> 01:18:50.398 - the reason because it took too long, trying to trouble to where was the problem 01:18:50.562 --> 01:19:02.800 - And we found that the battery bank or battery backup was run out. And because of that, it's safe. The 01:19:02.800 --> 01:19:15.038 - last reading that we had, it was in the system. So we needed to power that backup. And like I say, as 01:19:15.038 --> 01:19:16.478 - a learning, 01:19:17.666 --> 01:19:26.639 - for next in the future, because that's how the system was designed, and that's how the system is built. 01:19:26.639 --> 01:19:35.525 - Our first, if we run out of battery now, we know what to do, or what to check. It just, that's how the 01:19:35.525 --> 01:19:44.670 - system was made, and at least we were able to identify it during this tour. That answer your question or? 01:19:44.802 --> 01:19:52.061 - Partially. Partially. Thank you. And I feel like this storm just popped up out of nowhere, too. So it's 01:19:52.061 --> 01:19:59.390 - not something where you're probably like, we know this is weather happening, and we can anticipate that, 01:19:59.390 --> 01:20:06.510 - which you know also contributed to that, probably. We didn't know that was a problem. I don't know if 01:20:06.510 --> 01:20:10.558 - that explained better. Because when we got the utilities, 01:20:10.690 --> 01:20:18.078 - the last reading that skater have in the system is like with the power generator is running and then 01:20:18.078 --> 01:20:25.392 - you run out. So then you can not have to feed to power feed at the same time. So that's why we were 01:20:25.392 --> 01:20:32.926 - not able to put utilities while we were having utilities or the power generator wasn't working because 01:20:32.926 --> 01:20:39.582 - it was the last reading was the power generator was running but now the power generator is 01:20:39.938 --> 01:20:49.040 - Receiving the same signal that the utilities is there. Yeah So it was I don't know. It's a little bit 01:20:49.040 --> 01:20:58.052 - complicated But I hope that answer and then the second part would be what what is our water rate? So 01:20:58.052 --> 01:21:01.086 - as far as like future funding for 01:21:01.538 --> 01:21:08.733 - Backup generators and also I think I'm going to touch on improvements to our electrical systems. So 01:21:08.733 --> 01:21:16.647 - that is a huge part of what we submitted as part of our rate case. Understanding that a lot of the electrical 01:21:16.647 --> 01:21:23.986 - equipment is aging and these are things that absolutely need to be replaced. We've identified this as 01:21:23.986 --> 01:21:29.310 - an ongoing issue at Monroe. We've had several power outages at Monroe and 01:21:29.666 --> 01:21:38.659 - we know that these are things that we need to invest money in. And so in our drinking water rate increase, 01:21:38.659 --> 01:21:47.232 - we have upcoming CIP projects that are specific to, and I have them pulled up. So we have four, looks 01:21:47.232 --> 01:21:55.973 - like four projects specific to the electrical and control panels. We have electrical upgrades and it'll 01:21:55.973 --> 01:21:58.494 - be in like parts one and two, 01:21:58.882 --> 01:22:06.253 - And then we also have planned full upgrades for all of our SCADA. And so that'll modernize all that 01:22:06.253 --> 01:22:13.845 - equipment. Some of the issues Hector was talking about, it was reading that it was getting energy from 01:22:13.845 --> 01:22:21.289 - utilities and from the generator at the same time, and that was causing the tripping and the issues. 01:22:21.289 --> 01:22:28.734 - Those are the kinds of things that these upgrades would resolve. We also, I wanted to highlight that 01:22:28.962 --> 01:22:38.478 - We were awarded the $2.3 million grant from the EPA specifically for backup generation and control system 01:22:38.478 --> 01:22:47.545 - improvements at the plant in addition to the money that we are planning on spending through our rate 01:22:47.545 --> 01:22:57.150 - case. So yeah, does that help answer? Thank you very much. Yes. We are planning on some large investments. 01:22:57.282 --> 01:23:06.022 - our electrical systems and backup generation. Thanks, Kat. I've got to depart in a few minutes to get 01:23:06.022 --> 01:23:14.763 - to campus or 48 faces are going to be looking at me wondering why I'm not there teaching. A couple of 01:23:14.763 --> 01:23:23.417 - comments. We had a close call in June of 23 where we dodged a bullet three years ago. We had a power 01:23:23.417 --> 01:23:27.102 - outage that happened because of the storm. 01:23:28.162 --> 01:23:37.419 - We did some after action review on that. I realize a lot of people have changed since then, but we really 01:23:37.419 --> 01:23:46.327 - did dodge one on that one because we were without power for a long time. Systems were working, but we 01:23:46.327 --> 01:23:55.147 - realized we just simply can't have enough generator power to run that plant full speed. We've got to 01:23:55.147 --> 01:23:57.854 - get Duke power back up in time 01:23:58.498 --> 01:24:06.095 - or we get into serious problems in a hurry unless we want to spend millions on a generator farm. And 01:24:06.095 --> 01:24:13.693 - our utility, Duke Energy, should be able to get us back online within 10 hours. That is a reasonable 01:24:13.693 --> 01:24:21.591 - expectation. And if we were, were we out for 10 and a half hours? How long? For about four hours without 01:24:21.591 --> 01:24:28.286 - Duke, without utilities. The other six was to figure out our troubleshooting the system. 01:24:28.418 --> 01:24:37.232 - OK, so what I think we need to think about is we just need to face this as it's a failure. It's a failure 01:24:37.232 --> 01:24:45.880 - of systems. It's not just one person or one piece, but it's the system. It's the intake with Duke. It's 01:24:45.880 --> 01:24:54.362 - our electrical systems, our generator systems, our SCADA systems, our electronic controlling systems. 01:24:54.362 --> 01:24:58.270 - That's what failed in 23, if I remember right. 01:24:58.498 --> 01:25:05.302 - There's a lot of pieces, as you say, it's very complicated systems and there's not everybody knows how 01:25:05.302 --> 01:25:11.909 - all the intricacies and we've got to call in people from outside that that have sold all this stuff 01:25:11.909 --> 01:25:18.845 - to us. And if they're not available just like that, it causes even more trouble. Yes. So what I'm saying 01:25:18.845 --> 01:25:23.998 - is we face this that smart organizations to get into trouble like this do do. 01:25:24.290 --> 01:25:31.175 - comprehensive after action reviews and figure out where the points of failure are. We document those 01:25:31.175 --> 01:25:38.264 - and we get them back into us into where we can exercise these things happening because we know now this 01:25:38.264 --> 01:25:45.286 - wasn't something we had to deal with years ago. We had pretty consistent electrical power but we don't 01:25:45.286 --> 01:25:52.443 - anymore and we can't take the risk of not knowing how to fix these things within the set amount of times 01:25:52.443 --> 01:25:53.534 - we have because 01:25:54.146 --> 01:26:01.312 - We all know there's 10 to 12 hours worth of water in the tanks, and once we get past that, we get into 01:26:01.312 --> 01:26:08.478 - trouble like this, and heaven forbid we have a fire during a system, a problem like that. So my point, 01:26:08.478 --> 01:26:15.435 - and the other piece that I wanted to mention was our communications plan in this, and I'm not gonna 01:26:15.435 --> 01:26:20.862 - diss anybody, but what I saw with the public was we told them there's a boil, 01:26:20.994 --> 01:26:31.028 - Water or they're not. When was the last time we had a countywide boil order water? I don't remember. 01:26:31.028 --> 01:26:41.260 - 24. 24. Was it countywide? Yeah. OK. Yeah. It was a turbidity issue as well. It was about a three day, 01:26:41.260 --> 01:26:49.406 - two or three day deal. We told folks we had issues, but we didn't explain to them 01:26:50.018 --> 01:26:56.810 - what they needed to do, how complicated this is. I saw some stuff, I think the health department put 01:26:56.810 --> 01:27:03.668 - out, but maybe we ought to have that stuff in the can. Is that where it came from? I saw that. We did 01:27:03.668 --> 01:27:10.729 - put out guidance. We did? Yeah. And the graphic stuff? The graphic I saw was from the health department. 01:27:10.729 --> 01:27:17.655 - It was like a shared post from January or something is the one that I repeatedly saw about how to boil 01:27:17.655 --> 01:27:18.462 - your water. 01:27:18.946 --> 01:27:26.434 - Yeah, I mean, that part from the CDU. There's that. But I think when you have an emergency, it's an 01:27:26.434 --> 01:27:33.997 - emergency like this when we've run out, we're not generating water. And that calls for a little more 01:27:33.997 --> 01:27:41.710 - aggressive communication with our customers. And we should have that stuff in the can. Here's what you 01:27:41.710 --> 01:27:47.326 - can do. So I think what I'm saying is, and I hope the board supports this, 01:27:47.874 --> 01:27:55.425 - We work with the staff to do a comprehensive after action review so that we can get our own standard 01:27:55.425 --> 01:28:02.976 - operating procedures in place when we have contingencies that happen like this because it just keeps 01:28:02.976 --> 01:28:10.677 - happening. And we owe that to our rate payers. And I wish I could stay, but I've got to get going. I'm 01:28:10.677 --> 01:28:17.854 - sorry for that. I will move the gavel to our vice president. Thank you. Thank you, Hector. Yep. 01:28:18.370 --> 01:28:25.391 - I'm just gonna jump on the communication line, just a question. Like how are people notified? I receive, 01:28:25.391 --> 01:28:32.212 - I'm assigned up for like Monroe County alerts. I think I received that text and then I got alert from 01:28:32.212 --> 01:28:39.032 - CBU all very timely like right on together. But say like a family member did not get notification who 01:28:39.032 --> 01:28:45.853 - is also a CBU water customer. So people who were not notified, what do they need to do so they can be 01:28:45.853 --> 01:28:48.126 - notified if there's a future need 01:28:48.290 --> 01:28:55.389 - for anything they need to know about their water or wastewater? Yeah, absolutely. So the way that we 01:28:55.389 --> 01:29:02.909 - notified customers this time, having taken some lessons from the fall of 24, the way we notified customers 01:29:02.909 --> 01:29:10.079 - this time was through the Everbridge system where we used all of our customer contact information. So 01:29:10.079 --> 01:29:14.366 - if the contact information for our customers was up to date, 01:29:14.882 --> 01:29:21.855 - Then they received the message. Um, we did quickly realize that there were, um, many customers who either 01:29:21.855 --> 01:29:28.697 - their information was incorrect or they're just not registered as a customer. So we then put the notice 01:29:28.697 --> 01:29:35.539 - out through the emergency management system as well. Um, which explains why there was the delay between 01:29:35.539 --> 01:29:43.038 - the notifications. Um, but the initial one was through our Everbridge system, which had all of our customer data. 01:29:44.002 --> 01:29:50.141 - So maybe in our next paper bills, because probably anybody that gets an electronic billing statement 01:29:50.141 --> 01:29:56.219 - is notified somehow. But it's probably customers who still get like a paper bill. So maybe we could 01:29:56.219 --> 01:30:02.479 - put a slip in there that says, did you receive notification during our most recent water boil? If not, 01:30:02.479 --> 01:30:08.617 - then maybe there's a QR code or a link or a phone number that they can visit to update that with us. 01:30:08.617 --> 01:30:13.662 - Because a lot of people still want a paper statement. They're not going to update. 01:30:14.018 --> 01:30:20.173 - but maybe are on like Aqua pay, maybe they auto pay, but they want a paper statement. So that might 01:30:20.173 --> 01:30:26.389 - be an opportunity also with communication. We've also been when we have received, um, cause we have, 01:30:26.389 --> 01:30:33.097 - um, received lots of responses from the public. And so when we receive these responses, especially responses 01:30:33.097 --> 01:30:39.375 - regarding communication, we are really trying to push and direct people towards where they can update 01:30:39.375 --> 01:30:43.006 - their information so that, um, in the, you know, event of, 01:30:43.266 --> 01:30:50.644 - Even just a boil water advisory that is, um, isolated to a neighborhood due to a main break, they'll 01:30:50.644 --> 01:30:58.242 - receive that notification. Thank you. Sorry, Amanda. Thank you. Well, actually I was going to also jump 01:30:58.242 --> 01:31:06.058 - on that too, just because I did think it was very effective if they were in, and it is up to our customers 01:31:06.058 --> 01:31:12.414 - to keep their information up to date. Now it did wake me up at 12 at midnight or 1240. 01:31:12.738 --> 01:31:22.209 - after the IU football win. But I do appreciate that that came through. And I thought that the follow-up 01:31:22.209 --> 01:31:31.681 - that was done with the press releases, there was multiple communications about it. And I think you guys 01:31:31.681 --> 01:31:41.790 - followed a very good protocol with it. So to all those people that are saying I didn't know or how did I know, 01:31:42.498 --> 01:31:51.079 - You could be in the know if you get in the know. Also, I wanted to kind of piggyback a little bit on 01:31:51.079 --> 01:32:00.084 - what Kirk was saying. And I do believe that we have made, we've gone through this because we have learned 01:32:00.084 --> 01:32:08.580 - in terms of what are we doing in emergency processes? What's the phone call train? What's this? Who 01:32:08.580 --> 01:32:12.318 - gets notified here? How do we move forward? 01:32:13.858 --> 01:32:22.101 - You can train and train and practice and do all of that. But when it happens, inevitably something that 01:32:22.101 --> 01:32:30.186 - you don't expect is going to happen. And that's what I think people have to understand is that we had 01:32:30.186 --> 01:32:38.430 - things under control, then we didn't have something under control because of another failure. You can't 01:32:38.430 --> 01:32:43.582 - anticipate every single thing that will go wrong in a situation. 01:32:44.162 --> 01:32:50.941 - And so I commend you guys and gals for getting it through, getting it through faster than anticipated 01:32:50.941 --> 01:32:57.852 - from the press releases. And we'll learn you, you continually learn from these experiences. And I think 01:32:57.852 --> 01:33:04.830 - we just have to continue to put our best foot forward and making the changes that we know need to happen 01:33:04.830 --> 01:33:11.742 - at the plants, making the upgrades that we know need to happen and continually training individuals and 01:33:12.290 --> 01:33:18.834 - who are who are fast. And one thing that we've always said about our folks here, they're fast on their 01:33:18.834 --> 01:33:25.506 - feet. They're collaborative and trying to come to a solution and, you know, that you guys work together. 01:33:25.506 --> 01:33:32.050 - And I think that's absolutely amazing. So thank you to everybody from the customer service people that 01:33:32.050 --> 01:33:38.531 - were taking phone calls to you guys that were down at the plant dealing with everything. I mean, it's 01:33:38.531 --> 01:33:39.230 - it's truly 01:33:40.130 --> 01:33:49.303 - You know, I think everybody in this organization is affected when this when this happens. So, you know, 01:33:49.303 --> 01:33:58.124 - keep up the good work. You know, I just if there are no other questions or comments from the board, 01:33:58.124 --> 01:34:07.121 - I just want to close with like kind of echoing what Amanda has said that, you know, we're I'm just so 01:34:07.121 --> 01:34:09.150 - grateful for this team 01:34:09.858 --> 01:34:18.498 - Um, every single team member jumped on what they knew they could do, how they could help, um, kept calm 01:34:18.498 --> 01:34:27.056 - during the whole thing. Um, you know, provided resources and just communicated so well. Um, some folks 01:34:27.056 --> 01:34:35.613 - who I just, I, you know, I, I think are our plant operators, our plant superintendent. Um, I just want 01:34:35.613 --> 01:34:39.518 - to give a shout out to a few people who really 01:34:39.714 --> 01:34:53.288 - were just did a lot. So, Shane Ira at the plant, our superintendent, just great problem solver and just 01:34:53.288 --> 01:35:07.646 - very quick thinker and just very, very glad that he was in that role. And also, just a big shout out to Frank 01:35:08.514 --> 01:35:18.688 - Frank's our communications manager and was all over it, was up late, making sure everything that we 01:35:18.688 --> 01:35:29.473 - said really conveyed the right information, that we were being clear as we could while also being timely. 01:35:29.473 --> 01:35:37.918 - Yeah, and all of our maintenance staff, Tony, Tony was out there, Tony Eads, gosh, 01:35:39.778 --> 01:35:47.364 - I hesitated to say names because there's so many names. All of our assistant directors, there was a, 01:35:47.364 --> 01:35:55.101 - I think a group chat of like eight of us, eight, nine of us where we were just constantly updates. How 01:35:55.101 --> 01:36:02.837 - is this going? Where's that at? What's the samples? And it just, you know, just very grateful for such 01:36:02.837 --> 01:36:06.142 - a strong and communicative team. So thanks. 01:36:12.226 --> 01:36:26.909 - more new business I hate to ask this but how are the manganese levels not bad okay just since I I think 01:36:26.909 --> 01:36:41.310 - I've still noticed them with that so I just wanted to see however status of them okay sorry thank you 01:36:41.986 --> 01:36:49.475 - when customer have brown water it because labels they are between 1.4 to 1.8 something like that just 01:36:49.475 --> 01:36:57.112 - to give you an example that a few they has been hanging around one so 0.7 0.8 go up go down but average 01:36:57.112 --> 01:37:04.748 - around one so you are talking they're almost they have less so we are able now they're up yes raw water 01:37:04.748 --> 01:37:10.622 - water raw water yeah coming from the lake okay good thank you so we expect that 01:37:10.914 --> 01:37:18.956 - Now that we're getting some more rain and cooler temperatures, that we shouldn't have any additional 01:37:18.956 --> 01:37:26.918 - issues. I don't know. I can't see the future. It's looking promising. Good. OK, things are trending 01:37:26.918 --> 01:37:34.880 - in the right direction. How about that? OK, thank you. Thank you. OK. Now, Molly. Sorry. All right. 01:37:34.880 --> 01:37:38.622 - No subcommittees today, so staff reports next. 01:37:42.978 --> 01:37:52.770 - So I just want to recognize Curtis Richardson, who's moved to an internal movement to engineering field 01:37:52.770 --> 01:38:02.751 - tech locator. And also, James White got their wastewater class four. Madison Abel also got her wastewater 01:38:02.751 --> 01:38:10.942 - class four. And then Adam Hutzler also got his wastewater class four. Congratulations. 01:38:14.466 --> 01:38:22.471 - Any more petitions and communications? Yes. Hi, guys. Hi. I'm Julie Roberts, member of the public and 01:38:22.471 --> 01:38:30.398 - a former utility service board member of 16 years. And I didn't think this was going to be the night 01:38:30.398 --> 01:38:37.854 - that I came back in to see you all, but it's really nice to see you all. And wow, what a week. 01:38:38.946 --> 01:38:44.260 - Holy cow, I don't think we ever had our hair on fire like that in the whole 16 years I was here. So 01:38:44.260 --> 01:38:49.680 - congratulations on getting through it. I just had a couple of suggestions that I think might help the 01:38:49.680 --> 01:38:55.365 - public. I am one of those paper bill people. I like to see the little charts and I like to get the inserts 01:38:55.365 --> 01:39:00.785 - because I feel like I get more information that way. My email inbox is so full that I just like blah. 01:39:00.785 --> 01:39:06.046 - So I like the piece of paper even though I'm a tree lover. I still got the phone call at midnight. 01:39:06.210 --> 01:39:12.068 - which didn't wake me up because I was scrolling and I saw it come in. But I didn't get the text message 01:39:12.068 --> 01:39:15.166 - until 9.19 in the morning and I was already at target. 01:39:15.682 --> 01:39:21.232 - And nobody in the Target staff, floor staff, they're all college kids. None of them had heard yet. They 01:39:21.232 --> 01:39:26.943 - found out because their boss told them. People didn't know that Starbucks was closed because they couldn't 01:39:26.943 --> 01:39:32.333 - boil their water, blah, blah, blah, blah, blah. So I was thinking back to, was it earlier this year? 01:39:32.333 --> 01:39:37.777 - Was it last year when we got that alert from the county and it like broke through my phone on silence 01:39:37.777 --> 01:39:41.406 - and basically said, killer tornado, dive under something right now. 01:39:41.506 --> 01:39:47.654 - I'd never seen it do that before. It broke through everything. I don't know if we could have some better 01:39:47.654 --> 01:39:53.920 - coordination with the county just depending on what kind of, because what we might have to do if something 01:39:53.920 --> 01:39:59.834 - like this happens is, if we only got 10 or 12 hours of water in the tanks, is to let the public know 01:39:59.834 --> 01:40:05.924 - to please start conserving. Don't wash your dishes, don't run the washing machine, don't wash your car, 01:40:05.924 --> 01:40:09.086 - don't water the plants to try to make it last longer. 01:40:09.186 --> 01:40:15.532 - and anything else that we can think of. And I think it's really important for people to get the action, 01:40:15.532 --> 01:40:21.816 - whatever Kirk called it, post-mortem is what we used to call it, where I used to work. So just explain 01:40:21.816 --> 01:40:28.101 - the fact that you did take samples all throughout the system. You didn't just arbitrarily, when it was 01:40:28.101 --> 01:40:34.508 - coming out of the lake and looking at it right here, go, oh, it's okay. Put out a press release tomorrow 01:40:34.508 --> 01:40:38.718 - so that people understand just how thoroughly this was investigated, 01:40:39.106 --> 01:40:44.824 - confident you were in the results. I didn't see any of the things that Kirk was talking about from the 01:40:44.824 --> 01:40:50.376 - health department. All I had was my text messages. I don't do social media, it makes me bananas. So 01:40:50.376 --> 01:40:55.983 - I would suggest exactly what he said, get some graphics going, make it super simple like third grade 01:40:55.983 --> 01:41:01.646 - level language. The only thing I saw in the links I followed through the text I got from you guys and 01:41:01.646 --> 01:41:05.310 - the press release had said things like oral hygiene and I'm like, 01:41:05.666 --> 01:41:10.956 - Brushing your teeth needs to be what's there instead of oral hygiene. There's a lot of people that don't 01:41:10.956 --> 01:41:16.196 - read that carefully, and there are people that can't read that carefully. So those are just some things 01:41:16.196 --> 01:41:21.285 - that I would suggest, like real tight coordination with the county so the minute something like this 01:41:21.285 --> 01:41:26.727 - is happening, everybody gets something. It doesn't have to be the killer tornado alert that wakes everybody 01:41:26.727 --> 01:41:31.967 - up. But I don't necessarily think that's a bad idea, because when you wake up in the morning and you've 01:41:31.967 --> 01:41:33.982 - got 75 text messages, half of them from 01:41:34.530 --> 01:41:40.704 - candidates asking you for money, you're not gonna check them all before you get up and brush your teeth. 01:41:40.704 --> 01:41:46.819 - So I think it's perfectly legitimate in the future if you had a situation like this to go to that level 01:41:46.819 --> 01:41:52.817 - of alert if you think there's any chance of waterborne disease. I mean, people don't understand. When 01:41:52.817 --> 01:41:58.815 - I was in Citizens Academy a million years ago, one of the things that they've emphasized when we came 01:41:58.815 --> 01:42:03.166 - to CBU was this is the bedrock upon which all other public safety stands. 01:42:03.618 --> 01:42:09.609 - Clean water is what gets you through a disaster. When the electricity is out, when everything else is 01:42:09.609 --> 01:42:15.659 - going on, you can still turn on your tap and get clean water. When you can't, that's when deaths start 01:42:15.659 --> 01:42:21.532 - to mount up in a natural disaster. And I understand generator power is super expensive. Sounds like 01:42:21.532 --> 01:42:27.934 - you already have plans in place to try to get that going. So I just wanted to come in and commend everybody. 01:42:27.934 --> 01:42:32.222 - And I was really fascinated to hear what had happened because I know how 01:42:32.482 --> 01:42:39.640 - well, we usually operate. And so it was very reassuring to hear that it was just a whole big kerfuffle, 01:42:39.640 --> 01:42:46.522 - and it'll have to be figured out later. So thanks, everybody. Good to see you. Nice to see you. Any 01:42:46.522 --> 01:42:48.862 - other petitions in communication?