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AGENDA REVIEW SESSION MARCH 9, 2017 54 The Agenda Review Session of the Board of Public Works was convened at 10:32 a.m. on March 9, 2017, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik and Therese Dorau present. Board Members Suzanna Fritzberg and James Mueller were absent. Also present was Attorney Michael Schmidt. The meeting was held in the 13`h Floor Boardroom, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Board of Public Works Clerk, Linda Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from the agenda. Request to Advertise — Berlin Place No. 2 MEP Ms. Maradik questioned Mr. Corbin Kerr, Community Investment, on why TIF funds are being used for interior work. Mr. Kerr stated that per the development agreement, this work is to be included and it has gone through legal review and they determined this is the appropriate use of funds. - Release of Easements —Robert and Ann Basney Mr. Kerr informed the Board this is for release of easements for the Menard's site to the south of Gurley Leep's property. Attorney Michael Schmidt stated the City should make an effort to notify the land owners of this release. Mr. Kerr stated they requested this. He noted the storm sewers will be taken care of by Menards, as the developer, so the City wont handle the storm water. - Water and Sewer Appeal — 18441 Cypress Drive Ms. Emily Leyes, Water Works, stated in 2009 Water Works did a meter exchange at this property. She noted back then everything was a paper based work order system. The service person put notes on paper when the meter was exchanged, and a different brand of meter was recorded. She noted the difference between how the two (2) meters read service makes a big difference, and the reads have come in ten (10) times higher than the actual use. She stated Mr. Roger Valdiserri, the property owner, reached out several times to the City to address the issue, explaining that it was not possible for this much water usage. She stated the Water Department staff recommended, as instructed, hiring a plumber to see if there was a leak. When no leaks were found, Mr. Valdiserri begged Water Works to do another meter exchange so one was done in February. Ms. Leyes stated that is when the work order came back and showed a different type of meter in place than what was on record. She noted Water Works refunded the Valdisem's for two (2) years, as allowed by their Rules and Regulations, but feel that credit is due back to 2009. She noted they can't refund interest or plumber costs and any refund request for over two (2) years requires the Board's approval. Mr. Eric Horvath, Public Works Director, stated the intent of the rules mid regulations was to bring these to the Board. He noted when reading the rules and regulations, the Board will see they limit an error in billing refund to go back only two (2) years. The appeal process is to appeal the utilities decision to the board. The intent is to have the ability to go beyond the two (2) years. Attorney Schmidt stated it is his recommendation this be tabled and replaced with approval of draft rules and regulations that gives the Board the authority to go beyond the two (2) years for approval. He noted this points to the customer being wronged and trying to make it right for years and the utility getting it wrong. Mr. Gilot stated he is not sure the tole is so bad the way it is written. He added this doesn't happen too often, and he feels this is a wronged person. Attorney Schmidt stated his feeling is if you take a look at the legal rules, they will only get two (2) years. Mr. Horvath agreed, noting it totally makes sense to move forward and be done with it, but his feeling is this might not be the last one and the city should get the rules and regulations in place to review on these. Attorney Schmidt stated the Board would look at the facts and legal will give the Board advice on how to proceed. Mr. and Mrs. Valdiserri arrived and Mr. Gilot summarized what was discussed to them. He noted it sounds like this customer did nothing wrong and this should be approved, but the Board has been asked to table __.. this and let legal review the rules and regulations and prepare a draft giving the Board the authority to go back more than two (2) years. It was noted that the Board has the authority to update these rules. Mr. Gilot stated the Board is empathetic, but also bound to rules and they need legal to update the rules to ,give them the needed authority. Attorney Schmidt stated they would be looking at the March 28 meeting to review this situation and look at updating the rules and regulations at the March 14 meeting. He added this request will be removed from this agenda. Ms. Maradik suggested the Board place this request back on the Agenda Review Session agenda of March 23. - Award Quotation— Water Works Large Meter Testing Mr. Ed Herman, Water Works, stated there was a math error on this quote so they had to make a slight adjustment in the amount of $1700 on the total. He noted this was the only quote received.