MINUTES OF THE REGULAR MEETING OF BOARD MEMBERS OF LAKE WASHINGTON SANITARY DISTRICT April 11, 2011

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1 MINUTES OF THE REGULAR MEETING OF BOARD MEMBERS OF LAKE WASHINGTON SANITARY DISTRICT April 11, Call to Order Chairman Fahrforth called the regular meeting of the Board to order at 7:00 p.m. on Monday April 11, 2011 at the Mankato Regional Airport conference room, at 3030 Airport Road, Mankato, MN Roll Call Present: Jerry Kallheim, Larry Maruska, Bob Schmillen, Art Zuhlsdorf and Ed Fahrforth. 3. Review and approval of agenda Resolution 11.42: Member Schmillen moved to approve the meeting agenda. Upon a second from Zuhlsdorf, the motion past by a vote of 5 in favor, 0 against, 0 abstained, and 0 absent. 4. Review and approval of Minutes Resolution 11.43: Member Maruska moved to approve the minutes of the March 28, 2011 Regular meeting. Upon a second received from Zuhlsdorf, the motion passed by a vote of 5 in favor, 0 against 0, abstaining, and 0 absent. 5. Officers reports a. Chairman Ed Fahrforth No report. b. Vice Chair Larry Maruska No Report. c. Treasurer Art Zuhlsdorf Treasurer Zuhlsdorf reported the balance of the checking account as of April 11, 2011, is $1,590, Bills totaling $7, were reviewed for payment. 1

2 Resolution 11.44: Member Zuhlsdorf moved to pay the bills as presented. Upon a second received from Maruska, the motion passed by a vote of 5 in favor, 0 against, 0 abstaining, and 0 absent. The balance of the checking account after the bills are paid will be $1,583, d. Secretary James Deike Reported the book value of the collateral with the Federal Reserve as of 2/28/2011 was $1,547, Received letter from Bolton & Menk regarding the original project plans to be furnished to SEH. Received from the State Auditor s office a request for the District s 2010 Audit. 6. Open forum from Constituents Mr. Bob Madsen of 5500 North Shore Court, Madison Lake, MN 56063, and Mr. Martin Kline of 5504 North Shore Court, discussed the high meter reads this spring. Schwickerts is aware of the problem, and have maintenance scheduled. 7. Old Business a. Engineering/Annexation Chuck Vermeersch reported on the annexation progress. Also reported on a meeting with Blue Earth County regarding replatting, and zoning related issues. Preliminary findings on the existing system will be available by the first meeting in May. b. System Maintenance Scott St. Pierre reported on the current maintenance issues. c. Review ordinances Received a letter from Jill Baker regarding the rewriting of the Ordinances. Will have Mike Karp and Jill Baker report on the progress at the next meeting. d. Review the 2011 Calendar of Events Reviewed calendar with no changes being made. 2

3 e. Other Member Schmillen discussed the increase in compensation for the accounting, and secretarial services. Resolution 11.45: Member Maruska moved to increase the annual compensation for the accounting, and secretarial services to $ retro-active to the first of January. Upon a second received from Schmillen the motion passed by a vote of 5 in favor, 0 against, 0 abstaining, and 0 absent. 8. New Business a. Other A resolution to establish back-up protection was reviewed. Resolution 11.46: Member Maruska moved to establish limited clean up and property damage protection for sewer back-ups coverage by the League of Minnesota Cities Insurance Trust. Upon a second received from Schmillen the motion passed by a vote of 5 in favor, 0 against, 0 abstaining, and 0 absent. (complete resolution attached) 9. Discuss Agenda for the April 25, 2011 Regular meeting Agenda will be set next week. 10. Adjournment The meeting was adjourned at 8:56 p.m. Respectfully Submitted /s/ James Deike James Deike Secretary of the Lake Washington Sanitary District 3

4 Resolution RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS FOR SEWER CUSTOMERS WHEREAS, the Lake Washington Sanitary District ( District ) provides sanitary sewer services to property within its jurisdiction; and WHEREAS, sewer main breaks may cause sewage to enter into property causing damage; and WHEREAS, blockages or other conditions in the District sanitary sewer lines may cause the back-up of sewage into properties that are connected to those District s sanitary lines; and WHEREAS, sewer back-ups pose a public health and safety concern; and WHEREAS, it is often difficult to determine the exact cause and responsibility for sanitary sewer back-ups; and WHEREAS, the Board of Managers of the District desires to encourage the expeditious clean-up of properties that have encountered damage from sewer back-ups; and WHEREAS, the Board of Managers of the District desires to minimize the potential of expensive lawsuits arising out of sanitary sewer back-up claims; and WHEREAS, the District is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the District limited no-fault sewer coverage that will reimburse users of the sewer system for certain clean-up costs and property damage regardless of whether the District is at fault. NOW THEREFOR, BE IT RESOLVED, as follows: The District, as part of the contract for providing sewer service to the customers of the District, and in consideration of the payment of sewer bills, agrees to reimburse sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by sanitary sewer back-up, regardless of whether the District is negligent or otherwise legally liable for damages, subject to the following conditions: 4

5 1. Sanitary Sewer Backups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the District sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power the District sewer system or to any District lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the District nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner s own homeowners or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the District will reimburse is $25, per building, per year. In this regard, a structure or group of structures served by a single connection to the District s sewer system is considered a single building. Adopted by the Lake Washington Sanitary District this 11 th day of April, 2011 DISTRICT ATTEST: LAKE WASHINGTON SANITARY /S/ Ed Fahrforth Ed Fahrforth its Chairman By:/s/ James Deike James Deike Its Secretary 5