Duluth/North Shore Sanitary District – Board of Managers

Meeting # 71

 

Date: December 14, 2005                           

Board Members Present:   Lars Fladmark, Scott Smith, Kevin Bovee, Mary Ann Sironen           

 

Board Members Absent:    None.

 

Others Present: Clare Carpenter, Mary Frances Skala, Eric Appelwick, Mel Olson, Nate Grayson, John Miller, Andy Pratt, Katie Kuettel, John Kessler, Jeff Cook, John Bowen, Duane Harold, Missy Kesanen

 

Minutes to:       Jim Anklam, Eric Appelwick, Mike Appelwick, Darryl Bathel, Dan Belden, Bruce Berg, Kelli Boedigheimer, Kevin Bovee , John Bowen, Clare Carpenter, Rick Certano, Jeff Cook, City of Duluth, Duluth City Council, Duluth Township, Lars Fladmark, Greg Garmer, Jane Gilbert, Mark Gottwald, Wendy Gustofson, Scott Harder, Mark Herman, Duane Herold, Lynn Ann Hollatz, Kevin Holm , Dan Jacobson, Laurie Johnson, Al Katz, John Kessler, Lakewood Township, Nancy Larson-St. Louis County, Sue Lawson, Patti Logergren, Mike Mahoney, Joe McGaver, Don McTavish, Larry Moon, Dan Neiman, Mel Olson, Wayne Parson, PLAWCS, David Pierson, Tom Pulse, Yvonne Rutford, Mark Schaus, John Schifsky, Dale Schroeder, Dick Sigel, Mary Ann Sironen , Mary Frances Skala, Scott Smith, Kurt Soderberg, Tim Strom, George Sundstrom , Carol Surine, Peg Sweeney, John Thomas, Nelson Thomas, Jonathon Thornton, Pete Weidman, Robin Whaley, Sandy Woolum

 

Minutes by:            by Missy Kesanen and edited by Mary Ann Sironen

Item

Discussion

Conclusion/Actions

Roll Call

A quorum of Board members is present.

New Board member, Katie Kuettel has been approved by Lakewood and Duluth Township and will be acted upon by the Duluth City Council Monday Dec. 19.

Agenda

1.       C. Carpenter asked if the Audit Report had been approved.

2.       S. Smith mentioned that the signature card needs to be updated.

 

1.       M. Sironen will review past minutes to assure the audit report was acted upon.

2.       M. Skala will the signature card form.

Motion by S. Smith and seconded by K. Bovee to approve the Agenda.

Minutes

M. Sironen brought to the attention of a typo to Missy Kesanen’s name

M. Sironen will correct.

Motion by K. Bovee and seconded by S. Smith to approve November minutes.  Unanimously approved.

Treasurer’s Report

C. Carpenter distributed the list of outstanding invoices and noted that there were invoices not normally paid directly by DNSSD. NTS had previously paid them and then invoiced DNSSD.

  • PFA monies will be gone after the current  $36,523.24 is requested (PFA request #15).
  • Knife River payment has not yet been received.
  • Levy monies to come in early June 2006.

·         Delinquent Bills

Motion by M. Sironen and seconded by K Bovee to pay the current invoices as listed.  Unanimously approved.

 

M. Skala will contact the PFA to clarify the KR-L payment schedule.

 

M. Skala has sent the list of delinquent customers for processing..

Public Comments

1.       Problems continue with some DNSSD mail still being delivered to North Shore Sanitary Services (J. Willemarck).

2.       J. Cook spoke about the McQuade Harbor fish cleaning station where there is the potential for high BOD and TSS, but was noted that the station will not be complete for 2-5 years.  Once completed, it was suggested that sampling be done during the summer months to monitor for any problems.

1.       The Board regrets this inconvenience and…

·         E. Appelwick will talk to Mr. Willemarck. 

·         DNSSD get letterhead designed and printed. 

·         Customers be encouraged to sign up for the ACH Bank Draft for monthly payments.

 

2.       M. Skala stated that there is an ordinance that prohibits fish heads, guts etc. from being thrown into the grinder stations.  E. Appelwick will stay in touch with  the harbor development.

Updates

1.       I&I Inspections - J. Cook discussed how DNSSD can check to make sure that yard drains are not being connected to the sewer system.

2.       Easements - John Miller

·         Knute Nisswandt has signed his easement. 

·         There are 12 amendments to do, 20 additional coming       and 8 that can’t be recorded due to adverse claims.  New construction will require easements. Discussion on what process to follow for future easements.

·         J. Willemarck has agreed on the easement change under certain conditions.

3.       WLSSD Allocation Status is the same as the one signed on 4/30/04, allocation has not changed.  Exhibit B – form states 6-8 samples per month, currently sampling twice per year.

 

4.       Building Permit Applications – M. Skala requested that these be given monthly to E. Appelwick.

*Stoney Point Cottages Association has had a public information session to introduce the construction of 11 units.  DNSSD needs more information from that association.  It is thought that each unit would have separate service charges to be paid by the association.

1.       E. Appelwick  is incorporating I&I assessment into the application process.  In-house inspections will cost $100.00 and will be done 2-3 months after the customer has been connected.

 

2.       M. Skala/A. Pratt will clarify with J.Willemarck.

 

3.       E. Appelwick will talk to Dan Belden and let M. Skala know how often other districts sample.  Defer to January meeting.

 

1.M. Skala is working on the D/NSSD Ordinance for extensions.

Legal:  Malarski

Approval and Ratification of Brian & Jennifer Malarski litigation actions.

Motion by S. Smith and seconded by K. Bovee to approved Ratification No. 12-14-05A.  Unanimously approved.

Application

M. Skala distributed the application form.

Motion by M. Sironen and seconded by S. Smith to adopt the application as submitted.  Unanimously approved.

Review

Sewer back-up liability.

Deferred to January meeting.

Engineer Report

1.       Mel Olson submitted the tentative Certificate of Substantial Completion which includes the “punch-list” of restoration items scheduled for next spring.

2.       M. Olson presented revised Change Order B-14 that includes one week worth of work not previously included.  $999,593.33  (21 new connections)

1. E. Appelwick is currently compiling an additional list from restoration notices sent out in the 12/1/05 bills.

2.  No immediate action taken. Submit to Scott Harder for review and add to January agenda

NTS Report - Eric Appelwick distributed the December report to the Board.

  • ICS did resistance readings on the flow meter, pipe is full with air trapped inside.  E. Appelwick will get quotes for the installation of an air relief valve.
  • Bille property’s tank has been abandoned with restoration set for spring 2006.
  • Tank winterization performed.  “T” valve installed due to 11/28/05 flow diversion.
  • Requested WLSSD sampling event before Knife River Larsmont connection.  Document clarification needed.
  • Need to get cost estimate to replace the damaged portion of Todd Anderson’s driveway.
  • Ryan Road odor issue – samples were sent overnight to Purfil.  Media within odor scrubber is wet.
  • Skip Hildebrandt’s request for $500.00 being deducted from his bill was denied.
  • Mark Herman – Sodding will take place in the spring.
  • Website – E.Appelwick will contact Bruce Berg to discuss the coordination of the website.
  • Locks have been placed on all control boxes.  Hour readings have been taken.
  • Nokomis Restaurant – M. Olson and E. Appelwick will locate the line.
  • Invoice from Frontier Pipeline for mobilization and stand-by time for 11/8/05 sewer line break $4,800.00.  Motion by S. Smith and seconded by M. Sironen to pay the invoice.  Unanimously approved.
  • There was a break in the sewer line on 11/16/05 between 5668 and 5672 North Shore Drive.  The MPCA Duty Officer was notified and Shelton Excavating was called to repair.
  • Invoice from Agate Electric – Pass-through Change Order C - Request for $5,840.00

Bid was $5.00 per house, but turned out to be $21.00 per house. M. Olson recommended it not be approved. . 

Motion by S. Smith and seconded by K. Bovee to disapprove the payment of this invoice as per Engineer’s recommendations.  Unanimously approved.  E.Appelwick will contact Agate Electric.

  • Frontier Change Order Request/Malarski – defer discussion to closed meeting.
  • Resolution No. 12-14-05B – Designation of NTS, Inc. as the Superintendent of the District.  Eric Appelwick is the NTS representative to D/NSSD.  

            Motion by S. Smith and seconded by K. Bovee to approve NTS as the District Superintendent. Unanimously

            approved.

Old Business

·         2006 Board members – Resolution to municipalities to be done Dec. 19, 2005.

·         2006 meeting dates will remain on the 2nd Wednesday of every month at 7:00 a.m at French River Lutheran Church.

·         60-Day statute –  All incoming documents will be date stamped to assure that applications are processed in a timely manner. There are 15 days allowedto notify the applicant for a permit if something is missing.

Other

Capital Assessment Plan

Deferred to January meeting.

Pursuant to the “open meeting law” in Minnesota Statutes, Section 13D.05, and on the basis of attorney-client privilege, the Board closed the meeting to discuss the impact of discovery requests on the ongoing litigation with S.J. Louis Construction.  The Board will also be discussing the initiation of litigation versus Brian and Jennifer Malarski.  Only the members of the Board and legal counsel were allowed during this portion of the meeting.  This meeting was closed. 

Next meeting is at 0700 at French River Lutheran Church on January 11, 2006.

 

Approved  (1/11/06):                                                                                                                                            

                                                Chair                                                    Secretary