Duluth/North Shore Sanitary District – Board of Managers

Meeting # 73

 

Date:    February 8, 2006                    

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

 

Board Members Absent:    none.

 

Others Present:  Mary Frances Skala, Andy Pratt, Clare Carpenter, Eric Appelwick, Missy Kesanen, Jim Anklam, Chad Fort, Jeff Cook, John Kessler, John Bowen

 

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.

 

Agenda

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

 

Minutes

Motion by M. Sironen and seconded by S. Smith to approve January minutes.  Unanimously approved.

 

Treasurer’s Report

C. Carpenter distributed the list of outstanding invoices.

  • Line item 4 is for the use tax on the odor control unit previously purchase.
  • Line item 15 if for the PFA loan interest.
  • Litigation expenses are kept in a separate expense account.

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

Public Comments

·         Jeff Cook asked if Frontier would be doing the restoration work in the spring or if they had hired someone else. They currently have two quotes:  one from Superior Construction and Shelton.

·         John Bowen said he was very happy that the odor problem on Ryan Road seems to be fixed.

Updates

1.       I&I Inspections – there are just a few left, including 2 new houses this spring.

2.       Easements – E. Appelwick stated that there are only updates currently needed.  There was some discussion on whose responsibility it was if there were any problems down the road with the lines.  J. Cook explained that if there were a dispute, it would be up to the property owner to straighten it out.

3.       Knife-River Larsmont – Currently not flowing.  They are waiting for a telephone line to be installed.

Communications   None.

Legal Issues

1.       Malarski – A. Pratt stated that the Judge will be setting a new court date.  E. Appelwick stated that the Malarski property was hooked up to the system on 1/13/06.

2.       Ordinance for Extensions – M. Skala passed out the first draft for Ordinance No. 4 asking that it be reviewed by the Board.

3.       Amendment of Bylaws – 1.2 Location of the Bylaws was amended to reflect the new NTS address as being the general office for the District.

 

4.       Rates and Charges – A. Pratt stated that Chris James from Liscomb-Hood-Mason Co. had a question on the fixed assets line item.  It was noted that only above ground items are insured.

 

 

 

 

Board members will review this ordinance for discussion at the March meeting.

 

 

 

Motion by K. Bovee and seconded by S. Smith to approve the amendment to the Bylaws.  Unanimously approved.

 

Engineer’s Report

1.       Malarski Change Order – Jim Anklam discussed the bill from Frontier for time spent at the Malarski residence.  He stated that of the 5 mobilizations for which they requested payment, 2 of them were full mobilization.  The other 3 were times they were already in the area.  He suggested that 10-13 hours mobilization time would be considered a fair amount.

2.       Reduction of retainage – Discussion on whether or not to reduce the retainage from 5% to 2%.  D/NSSD is currently retaining $129,000 with an estimated cost of restoration at about $60,000. An amount could be released while still having funds to meet the work needed on properties this spring.

3.       Farley well was abandoned.

4.       Cape Superior well was televised.  A pressure test is needed and then will be given a variance.

5.       Nokomis line has been re-routed to MDH standards.

Motion by M. Sironen and seconded by S. Smith to approve 13 hours of mobilization time.  Unanimously approved.

 

.  A motion was made by S. Smith and seconded by K. Bovee to amend the hours from 13 to “up to 13”.  Unanimously approved.  J. Anklam will present this to Ayres.

 

Motion by S. Smith and seconded by M. Sironen to approve the retainage of 2% plus the high bid.  Unanimously approved.

NTS Report

E. Appelwick distributed the February report to the Board.

1.       Website – NTS IT Specialist is currently unavailable to assist.  Eric will check with JPG Communications to see if they could work with us.  An update will be given at the next meeting.  Bruce Berg is still maintaining the website on a volunteer basis.

2.       Ryan Road odor problem has been fixed.  A condensation filter separator was purchased to eliminate condensation within the odor scrubber.  Information on troubleshooting could be received at the MN Air Water and Waste Conference.

3.       NTS has purchased a trailer with a 225 gallon tank mounted on it.  This can be used to pump down an IPS without the need for a septic hauler in an emergency situation.

4.       Cape Superior Inn pump was changed.  E. Appelwick will check on the pump warranty.

5.       Equipment storage was moved to the Detention Facility.  Dehumidifiers will need to be installed.  Of the 16 pumps on hand, 13 are operational, 3 are defective.  E. Appelwick will check into the defective pumps.  4 additional pumps will need to ordered to maintain the 20 that are to be on hand at all times.

6.       Fire Extinguishers have been updated.

7.       E. Appelwick talked with Jeff Willemarck about the confusion between his company and DNSSD.  Phone book listings should eliminate the problem.

8.       The newsletter should be mailed out the week of 2/13/06.

9.       Stoney Point Cottages – They are currently working on some legal issues.  Odyssey Development may possible present to the Board in March.

10.   E. Appelwick asked for advanced approval on purchasing an air relief valve.  Currently he has one bid from Shelton for $1,930.00.

11.   Currently working on getting a fire number for the Detention Storage Facility.

 

2.   Motion by S. Smith and seconded by K. Kuettel to give advance approval for the purchase of the air relief valve.  Unanimously approved.

 

NTS Report:

 

12.   Retroactive Billing – The 3% annual increase to NTS for 2005 had not been requested.

 

13.   E. Appelwick requested the approval of a dollar amount for necessary but non-emergent purchases.

 

14.   Sewer Control Boxes – Discussion on the need for a notice of violation to be given to homeowners if these boxes or any other DNSSD owned equipment is tampered with.  Rich Rue, the State Electrical Inspector informed the District of the need to fix one homeowners control box due to tampering.  E. Appelwick was given the okay to fix the box and it will not void the warranty.  These boxes will be checked once per year. M. Skala suggested that a draft notice of violation be made with a space to describe the violation.

12.  Motion by S. Smith and seconded by M. Sironen to approve the retroactive billing.  Unanimously approved.

 

13.  Motion by M. Sironen and seconded by K. Kuettel to allow NTS to spend $3,000 for operations beyond emergencies  without going to the Board for previous approval.   Unanimously approved.

 

 

 

New Business

E. Appelwick asked the Board if it would be possible to rent a building from Darin Berg at Scenic 61 to have for storage of equipment and for pump repairs.

Tabled until March meeting.

Pursuant to the open meeting law in Minnesota Statutes, Section 13D.05, and on the basis of attorney-client privilege, the Board will close this meeting to discuss the continuation of litigation versus S.J. Lewis.  Only the members of the Board and legal counsel will be allowed during this portion of the meeting.  This meeting is now closed.

Meeting adjourned.  Next meeting is at 0700 at French River Lutheran Church.

 

Approved  (4-12-06):                                                                                                                                     

                                                Chair                                                    Secretary