Duluth/North Shore Sanitary District – Board of Managers

Meeting # 70

 

Date:                                        November 9, 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, Andrew Pratt, John Kessler, John Bowen, Jeff Cook, Missy Kesanen, Mark Herman

 

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, 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 M. Sironen to approve the Agenda.

Minutes

John Kessler brought to the attention of a typo in last month’s meeting minutes ie. NTS Report heavy rain date should be 10/4/05 and not 11/4/05.

M. Sironen will review and correct. Motion by S. Smith and seconded by K. Bovee to approve October minutes.  Unanimously approved.

Treasurer’s Report
  • Clare Carpenter distributed the list of outstanding invoices totaling $82,379.81.
  • The Knife River check will be coming by the end of the month which can be used only for construction costs.
  • The address needs to be changed where the tax levy/tax assessment money is being sent.

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

 

M. Sironen will write a letter to the County Auditor changing the official address to that of NTS, Inc.

Public Comment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Comment continued

 

·         Nancy Derosier and Sarah came to discuss the problem that Trygve Anderson at 5166 McQuade Road is having with ground water collecting in his yard since the installation of the grinder station. Mold has started growing under the house and they are concerned with the condition of their well water.

·         Mark Herman at 1226 Old N. Shore Rd. came to discuss the problem he has been having with the location of the grinder pump and the fact that there is no audible alarm present.  Since being connected on 10/17/05, his tank has filled twice.  He also has a 20x20 washout area from the location of the grinder station.  His residence was one of the eight homes affected by the break in the main sewer line on 11/8/05.

 

 

  • A number of complaints have been received from residents of the lower Ryan Road about bad odors occurring on a fairly regular basis.
  • Todd Anderson of 7244 Brighton St. has registered a complaint that the blacktop in his driveway was not repaired in a timely manner and now wishes to have the whole driveway refurbished so the patches will match.

·         L. Fladmark, N. Grayson, E. Appelwick and S. Smith will go to the site on Friday November 11 to assess the situation.

·         E. Appelwick stated that NTS had a pump truck out and they pumped the tank down at the Herman residence.  He will also get back to Mr. Herman regarding future needs of the pump truck.  Motion made by L. Fladmark to authorize the resodding of the washout area at the Herman residence in the spring.  E. Appelwick to get 3 quotes.  Unanimously approved.

 

 

 

·         E. Appelwick will check the station in the Ryan Road area and take samples from the odor control mechanism for testing.

·         M.Olson and E.Appelwick have been in contact with Mr. Anderson over time. On this issue. M.Skala will draft a letter to be sent to Mr. Anderson.  Authorized only to patch driveways, not blacktop.

 

Engineer Report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Construction Progress

 

Restoration Progress

1.       Mel Olson presented Change Order B-3 due to the change in hooking lateral lines into the main line. The original price was for “dry taps” but a “hot tapping” procedure has to be used once the line was in use.  This increased costs by $58.65 each or $6,161.40.

 

2.       Rectification of Contract Change Orders (increase from memo originally sent):

Contract B:  $967,454.04

Approximately1/3 of this amount was for bringing in line/rock, 1/3 for  rock for grinder stations and 1/3 for extra gravel on Greenwood Road.

Contract C:  $160,619.00

This amount was mainly due to additional septic tanks that were encountered that needed to be put out of service in the extended hook up program.  Some properties had more than one tank.   The original estimate was for 420-425, but there are 574.

 

3.       Certificate of Substantial Completion will be ready to submit when the last grinder pump is installed – prior to next meeting.

 

4.       There are 80 properties that are known to need some attention.  Adjustments needed to curb stops.  S. Smith suggested that in order to get a full picture of the restoration still needed, a survey be sent with the December sewer bills asking customers to report any problems by 12/16/05. NTS can use the information for a punch list to check against his current list of restoration requests. 

1.   Motion to approve Change Order B-3 by S. Smith and seconded by M. Sironen. Unanimously approved.

 

 

2.  The Board will discuss the impact of these change orders on the budget with Scott Harder and will bring this item to next month’s agenda.

 

 

 

 

 

3.  To be addressed at the December meeting.

 

4. E. Appelwick will devise a survey and put it into a coming bill. Restoration work will be completed in the Spring of 2006.

Easements

·         There are 10 grinders to be installed yet.

·         Jeff Willemark contacted the Board with a concern that his easement is incorrect and will cause difficulties in some planned construction on his property.

The Willemarck property issue will  be reviewed  by Ayres and NTS.

WLSSD

M. Sironen received a letter from WLSSD stating that the addition of a single-family dwelling will not be considered an extension to the D/NSSD system.  This is a welcome clarification and will remove the need for separate permits from MPCA and WLSSD for each new home hooking up.

Local Zoning

M. Sironen is receiving information on permits issued by Duluth Township. There are no current additions that would require sewer. J. Kessler will forward ones he has received regarding accessory buildings.

The reports of permits will be given to E. Appelwick

Legal:

C.Bille

The tank installed on the Charles Bille property needs to be abandoned.

 

M.Skala/A.Pratt will send a letter to Mr. Bille explaining the decommissioning of the tank.

Legal:

Nisswandt

Knute Nisswandt still has not signed an easement and refuses to bring electricity into his property or connect to the system.  Certified letter has been refused.  A legal notice was published in 10/17/05 paper  giving him 30 days to meet the D/NSSD requirements.A $1000/day fine could begin on 11/16/05

 

 

Legal action will be undertaken to bring the Nisswandt property into compliance.

 

Legal:

Malarski

Brian Malarski refuses to allow completion of his electrical connection and is refusing to hook into the D/NSSD system.

 

M. Skala presented Resolution No. 11-09-05A - Authorizing Septic Tank Removal from the property of Brian and Jennifer Malarski, 7434 Brighton Street, Duluth.

Motion by K. Bovee and seconded by S. Smith to have E. Appelwick deliver a final notice with date of action on when the District will remove the Malarski’s private wastewater disposal system. Unanimously approved.

 

K. Bovee introduced and S.Smith supported Resolution 11-09-05A.  Voting in favor were Smith, Sironen, Fladmark and Bovee.  None against.

Legal:

Delinquent Bills

There were 15 delinquent customers as of 10/18/05.  Three individuals have made payment arrangements. Delinquent amounts total approx. $8000.00.

 

S.Smith introduced Resolution  11-09-05B resolving that all unpaid and delinquent sewer charges of benefited property owners shall be certified to the Auditor with taxes against each property and certified for collection with other taxes.  Supported by M.Sironen. Voting in favor were Smith, Sironen, Fladmark and Bovee.  None against.  E.Appelwick will compile the final list and deliver to the Auditor's office by 11/15/05.

Legal Issues

continued

 

 

 

 

 

 

 

 

 

 

1.       Required Board Activities

 

2.       Ordinance for extensions.

 

3.       Additional information has been requested by Joe Mihalik on the S.J. Lewis.

 

4.       Christine Penney Issue – Discussion on who to be held responsible.  Decision not to pursue collection, facts unclear.

 

5.       Joyce Seeley Issue - It is unknown why Ms. Seeley's basement cracked. 

1. M. Frances Skala will compile a resource for the Board's use.

 

2. M.Skala will bring the extension ordinance to the Dec. meeting.

 

3. M.Skala will bring  the requested information to J.Mihalik.

 

 

 

4. The decision was made not to pursue collection, due to the uncertainty over whether the contractor of Ms. Penney negligently sealed the outside connection of the lateral pipe.

 

 

5.  The Board agrees with the positions of M.Olson and J. Cook, who maintain that Ms. Seeley's basement was cracked before construction in the area began.

Ayres agreement

M. Skala gave her final recommendation on the Master Agreement with Ayres Associates  that will retain this company as consulting engineers for the D/NSSD system.  M.Olson will continue to be the company's representative to attend meetings, provide new connection engineering, represent D/NSSD in discussion with WLSSD and provide other project management services.

Motion by M. Sironen and seconded by K. Bovee to approve the Master Agreement  with Ayres Associates.  Unanimously approved.

Additional Construction

Issue

M.Olson presented Change Order B-10  in the amount of $2,615.43 required for the emergency repair of Christine Penney's faulty pipe installation.

Motion by S.Smith and seconded by K.Bovee to approve this change order.  Unanimously approved.

NTS Report

Eric Appelwick distributed the November report to the Board.

  • Stickers have been placed on the control boxes.
  • One-time padlocks to be put on control boxes by winter.
  • Currently working on newsletter, will be done by next meeting.
  • Calibrated all commercial properties – readings taken twice/summer and averaged.
  • Called Kevin Stroom – given the okay.
  • Call outs for October – big rain event 10/3 through 10/6/05.
  • Not sure if DNSSD Flow Meter is reading correctly, to be tested on 11/11/05.  M. Olson thought the peak reading was off, but after the rain event, the peaks looked correct but daily flows looked too low.  Currently waiting for a new locator to come in.
  • There was a break in the sewer line on 11/8/05 affecting 8 homes.  The MPCA Duty Officer was notified.  The problem was isolated and grinders had to be shut off.  Pump truck was sent out.  Shelton was on-site 11/9/05. 
  • Mobilization charge coming from Frontier, but unsure of the amount.  S. Smith suggested a follow-up email be sent to the Board by E. Appelwick.

Old Business

1.       A member from the City of Duluth is needed to fill the 2006 D/NSSD Board .

2.       The effect of the 60-Day Statute on D/NSSD operations is unclear.

3.       The complaint from Charles Erickson on his leaky basement is unresolved.

1. Board members will continue making contact with potential candidates as soon as possible.

2.  Defer the 60 Day Rule to the December meeting.

3. E. Appelwick called, but Mr. Erickson never got back to him.

Other

Discussion on moving maintenance of the D/NSSD website to NTS.

E. Appelwick to talk with Mike Stone of NTS.

Meeting adjourned.  Next meeting is Wednesday, December 14 at 0700 at French River Lutheran Church.

 

Approved  (12/14/05):                                                                                                                                          

                                                Chair                                                    Secretary