HomeMy WebLinkAboutNOVEMBER17,2016 CITY OF JEFFERSONVILLE
SANITARY SEWER BOARD
MINUTES OF NOVEMBER 17, 2016
The Sanitary Sewer Board of the City of Jeffersonville, Indiana met in regular
session on Thursday, November 17, 2016 at 3:00 P.M in the City Hall Mayor's
Conference Room. Mayor Moore called the meeting to order at 3:02 P.M. Board
Members present are Mike Moore, Bill Saegesser and Dale Orem. Also present are
Utility Director Len Ashack, Board Attorney Scott Lewis, City Attorney Les Merkley,
Utility Billing Office Manager Elisha Dale, City Accountant Lee Ann Meixell, City
Engineer Andy Crouch, City Councilperson Lisa Gill, Jorge Lanz representing Jacobi,
Toombs, and Lanz, and Secretary Barbara Hollis.
Board Member Orem made the motion to approve the agenda as presented,
second by Board Member Saegesser, passing on a vote of 3-0.
The minutes of the October 20, 2016 meeting were presented for approval.
Board Member Saegesser, made the motion to approve the minutes as presented,
second by Board Member Orem, passing on a vote of 3-0.
CONTROLLER'S REPORT
Accountant Meixell presented the claim list in the amount of $1,051,625.52.
Director Ashack mentioned this is the total for the month of October. Board Member
Saegesser, noting Director Ashack is doing a great job of controlling costs, made the
motion to approve the claim list as presented, second by Board Member Orem, passing
on a vote of 3-0.
Manager Dale presented the Adjustment Certificate dated November 10, 2016 in
the amount of $-65,231.36 Sewage, $-4,280.86 Drainage, and $1,656.97 refund. Board
Member Saegesser noted most of the amounts are due to water meter readings and
leaks. Board Member Orem made the motion to approve the Certificate as presented,
second by Board Member Saegesser, passing on a vote of 3-0.
OLD BUSINESS - Nothing at this time.
NEW BUSINESS
Director Ashack has been working with Alan Applegate, Attorney representing M.
Fine on Spring, L.P. on a Sewer Capacity Fee Installment Agreement. The sewer
capacity fee for the project is $11,261.29. The owner request an installment agreement
as there will be no residents in the building until 2018. Board Attorney Lewis has
November 17, 2016 Sewer Board Minutes Page 2
reviewed the agreement. This is a non-profit group and not a usual situation. At the
conclusion of all discussion, Board Member Saegesser made the motion to approve the
agreement as presented, second by Board Member Orem, passing on a vote of 3-0.
Director Ashack said he has been working with Duke Energy for 6 months to get
power to the storage building. Duke Energy is requesting a 15 foot easement.
Following discussion, Board Member Orem made the motion to authorize Mayor Moore
to sign the Grant of Easement as presented, second by Board Member Saegesser,
passing on a vote of 3-0.
Director Ashack next presented a Letter of Engagement with OFW Law out of
Washington DC, working primarily with Gary Baise and Anson M. Keller. Following
discussion, Board Member Orem made the motion to approve the Letter of
Engagement, second by Board Member Saegesser, passing on a vote of 3-0.
Director Ashack informed the Board of the cost to implement a Department Root
Control Program (RootX). This program would allow the Department to sell the foam
that penetrated and kills roots to residents at cost. This is a good program for the City
and the residents. Jorge Lanz said his firm has used this product and it is good.
Following discussion, Board Member Orem made the motion to approve the program as
presented, second by Board Member Saegesser, passing on a vote of 3-0.
ENGINEERING REPORTS
Jorge Lanz presented and reviewed Jeffersonville Sanitary Sewer Projects
Status Report, November 17, 2016. Jorge Lanz said he is working with the Drainage
Board on the cost of the Ewing Lane, 8th Street Sewer &Arctic Springs projects.
DEPARTMENT REPORT
Director Ashack has provided the October Operations Report on CD. He
reviewed the provided plant reports. The October flow data is provided. Flows are low
now due to the dry weather. A generic letter has been received from United States
Environmental Protection Agency regarding nutrient removal. He will reply. The Sewer
Use Ordinance is in the process of being signed. It will have to be adopted by the
Council.
ATTORNEY COMMENTS
Board Attorney Lewis informed the Board the closing was held on the Cedarview
property, He has the deed and it has been recorded.
November 17, 2016 Sewer Board Minutes Page 3
BOARD MEMBER COMMENTS
Board Member Orem reminded all of an Executive Meeting to take place at 2
PM, December 1, 2016. Updated financial reports are needed for this meeting. Board
Attorney Lewis will provide the notice.
Ther being no further business to come before the Board, Board Member
Saegesse� ade the motion to adjourn at 3:24 P.M., second by Board Member Orem,
passing vote o -0.
Mike M ore, Mayor
Dale Orem, Board Member
Bill Saegesser, Boml! Member
ATTEST:
A)
Barbara Hollis, Secretary
GRANT OF EASEMENT
Pt.Parcel# 10-42-03-800-025.000-039
In consideration of the sum of One Dollar($1.00) and other good and valuable consideration,the receipt of which is hereby
acknowledged,CITY OF JEFFERSONVILLE,INDIANA(hereinafter referred to as"Grantor"),hereby grant(s)DUKE ENERGY
INDIANA, LLC, an Indiana limited liability company, with a mailing address of 1000 E. Main Street, Plainfield, IN 46168 and its
successors and assigns (hereinafter referred to as "Grantee"), a perpetual, non-exclusive easement to construct, reconstruct, operate,
patrol,maintain,repair,replace,relocate,add to,modify and remove,electric,and/or telecommunication line or lines including but not
limited to, all necessary and convenient supporting structures, conduits, wires, cables, manholes, pullboxes, grounding systems,
counterpoises, surface equipment (including, but not limited to, transformers and switchgears), and all other appurtenances, fixtures
and equipment(hereinafter referred to as the"Facilities"), for the underground transmission and distribution of electrical energy, and
for technological purposes (including but not limited to telecommunications), in, upon, over, along, under, through and across the
following described real estate:
Situate in Survey Number 38 of the Illinois Grant,Utica Township,Clark County,State of Indiana;being a part of a
tract as recorded in Instrument Number 201420862 in the Office of the Recorder of Clark County, Indiana
(hereinafter referred to as"Grantor's Property")and being more particularly described as follows:
A strip of land fifteen feet (15') in uniform width, lying seven and one half feet (7.5') wide on both sides of a
centerline,which centerline shall be established by the center of the Facilities as constructed and as generally shown
on Exhibit"A",attached hereto and becoming a part hereof(hereinafter referred to as the"Easement Area").
This easement grant shall include,but not be limited to,the following respective rights and duties of Grantor and Grantee:
1. Grantee shall have the right of ingress and egress over the Easement Area, and over the adjoining land of Grantor's
Property(using lanes,driveways,and adjoining public roads where practical as determined by Grantee).
For Grantee's Internal Use:
Line Name/No:Clark— Utica-IN
Tract No:I of I
Job Control#10987617
LU#1689604
Prep/Chk:HNM/LGF/GBE Exec/Rec:
Dwg/Fac Ref.:Exhibit "A"
Prepared Date:10/21/2016
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2. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs, overhanging
branches,and/or other vegetation upon or over the Easement Area. Grantee shall also have the right to cut down,clear,trim,remove,
and otherwise control any trees, shrubs, overhanging branches, and/or other vegetation which are adjacent to the Easement Area but
only to the extent such vegetation may endanger,as reasonably determined by Grantee,the safe or reliable operation of the Facilities,
or where such vegetation is trimmed consistent with generally accepted arboricultural practices.
3. Grantee shall have the right to allow third parties to trench with Grantee's Facilities,and any such equipment shall include
but not be limited to, wires, cables, and other fixtures; provided, that Grantor shall pursue any claim with the third party and not
Grantee, if any such claim arises out of any third party's facility location.
4. To the best of Grantor's knowledge, the Easement Area and the adjoining land of Grantor's Property, have never been
used to release,discharge,generate or store any toxic,hazardous,corrosive,radioactive or otherwise harmful substance or material.
5. Grantor shall not place, or permit the placement of, any obstructions,which may interfere with the exercise of the rights
granted herein to Grantee. Grantee shall have the right to remove any such obstruction.
6. Grantee shall have the right to pile dirt and other material and to operate equipment upon the surface of the Easement
Area and the adjoining land of Grantor's Property, but only during those times when Grantee is constructing, reconstructing,
maintaining,repairing,replacing,relocating,adding to,modifying,or removing the Facilities.
7. Excluding the removal of vegetation and obstructions as provided herein, any physical damage to the surface area of the
Easement Area and the adjoining land of Grantor's Property resulting from the exercise of the rights granted herein to Grantee, shall
be promptly paid by Grantee, or repaired or restored by Grantee to a condition which is reasonably close to the condition it was in
prior to the damage,all to the extent such damage is caused by Grantee or its contractors or employees. In the event that Grantee does
not,in the opinion of Grantor,satisfactorily repair any damage,Grantor must,within ninety(90)days after such damage occurs,file a
claim for such damage with Grantee at(a) 1000 E. Main St.,Plainfield, IN 46168, Attn: Right of Way Services,or(b)by contacting
an authorized Right of Way Services representative of Grantee.
8. Grantor shall have the right to use the Easement Area and the adjoining land of Grantor's Property in any manner which is
consistent with the rights granted herein to Grantee,and shall comply with all applicable codes when making use of the land near the
Facilities.
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9. Notwithstanding anything to the contrary contained herein,Grantor shall not without the prior written consent of Grantee
(a) construct or install, or permit the construction or installation of any building, house, or other above-ground structure, or portion
thereof,upon the Easement Area;or(b)excavate or place,or permit the excavation or placement of any dirt or other material upon or
below the Easement Area; or(c)cause,by excavation or placement of material, either on or off the Easement Area, a pond, lake,or
similar containment vehicle that would result in the retention of water in any manner within the Easement Area.
10.Grantor warrants that it has the necessary authority and title to Grantor's Property to grant this easement to Grantee, and
shall defend and hold Grantee harmless from the claim of any third party that Grantor does not have such authority or title.
11.The respective rights and duties herein of Grantor and Grantee shall inure to the benefit of, and shall be binding upon the
respective successors, assigns, heirs, personal representatives, lessees, licensees, and/or tenants of Grantor and Grantee. Easement,
Grantor and Grantee,as used herein, shall be deemed to be plural,when required to be so. The exercise of any or all of the rights and
privileges of Grantee set forth herein,shall be at the sole discretion of Grantee.
Signature page(s)follow.
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IN WITNESS WHEREOF,Grantor has signed this Grant of Easement to be signed by its duly authorized representative(s)
effective the day of 2016.
CITY OF JEFFERSONVILLE,INDIANA
Grantor
By: By:
Printed Name: Printed Name:
Printed Title: Printed Title:
STATE OF INDIANA )
SS:
COUNTY OF )
Personally appeared before me this day (a) duly
authorized representative(s)of Grantor and acknowledged the signing of this Grant of Easement by_to be_voluntary act and
deed for and on behalf of Grantor,and having been duly sworn/affirmed state(s)that any representations contained therein are true to
the best of personal knowledge.
WITNESS my hand and notarial seal,this day of 2016.
My Commission Expires: Signed Name:
My County of Residence: Printed Name:
This Instrument Prepared by John B.Scheidler,Attorney-at-Law, 1000 E.Main St.,Plainfield,IN 46168.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Hannah N.McGinnis
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THIS IS NOT A SURVEY. LOCATIONS SHOWN ARE APPROXIMATE. THE ACTUAL CENTERLINE
LOCATION OF THE UTILITY LINE IS THE CENTERLINE OF THE EASEMENT.
" 38
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QUITCLAIM DEED
CITY OF JEFFERSONVILLE, INDIANA
INSTRUMENT#201420862
Q RECORDED 12/17/2014
CENTERLINE OF 15' ` PARCEL#10-42-03-800-025.000-039
UNDEGROUND EASEMENT
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NOTE:PROPERTY LINES AS SHOWN WERE PLOTTED
FROM INSTRUMENT#201420862,#2001004174
AND SITE IMPROVEMENTS FROM GIS DATA
CLARK COUNTY, INDIANA
SITE NAME: UTICA TOWNSHIP SURVEY NO. 38 OF THE ILLINOIS GRANT
EXHOT MAP OF:
DEB UNDERGROUND EASEMENT
4nDUKE CK'MT E%tIIBIT MAP FOR:
CITY OF JEFFERSONVILLE
ENERGY
DATE LOCATION® 10/20/2016 423 LEWMAN WAY, JEFFERSONVILLE, IN EXHIBIT 'A'
SITE #101810 1 LU #1689604 1 MAP 101810-456188 EMAX #10987617