Board Meeting & Executive Session Minutes September 12, 2022

KPSD-meeting-agenda

Written by Laura Dallas

September 12, 2022

BOARD MEETING was called to order at 6:05 p.m. by Board Chairman Jim Osman.  Other Board members present were Eric Paull, Bob Thurston and Cliff Sires. Employees present were Colleen Johnson and Laura Dallas.  Brian Werst, District Legal Counsel, was present via Zoom.

INDIVIDUALS TO ADDRESS THE BOARD:

  • 6:15 pm          Brett Converse with JUB (not present, available for meeting by phone if needed)
  • 6:45 pm          Brian Werst, District Legal Counsel via Zoom for Executive Session

           

ADDITIONS TO AGENDA: Less than 48 hours prior to meeting

  • Minutes:  Minutes of the August meeting were approved as presented.
  • Financial Statements:  Financials as presented were approved.
  • Maintenance Report:  Maintenance Report was approved as submitted.

OLD BUSINESS:

  1. Brett Converse, JUB regarding NPDES Permit, Grant options, Lake Study. Tabled until next month.
  2. The Cottages Homeowners’ Association regarding the possibility of lake access for outflow again was discussed.

EXECUTIVE SESSION 

  • 74-206 (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement.

Motion to go into Executive Session at 6:10pm was made by Eric and seconded by Bob.

ROLL CALL:  Eric – yes, Bob – yes, Jim – yes, Larry – absent, Cliff – yes

Motion to come out of Executive Session at 6:25pm and back into Regular Board Meeting by Eric and seconded by Cliff.

ROLL CALL:  Eric – yes, Bob – yes, Jim – yes, Larry – absent, Cliff – yes

Decision:  Motion to go forward with the Easement process between the Cottages Homeowners’ Association and Kootenai Ponderay Sewer District was made by Bob and seconded by Cliff.  All in favor.

Colleen will work with Brian Werst on writing up the Easement and terms for presenting to the Homeowners’ Association.

OLD BUSINESS (CONTINUED):

  1. Colleen informed the Board that IDEQ wants Will Serve letters to be in a format that includes the District’s declining balance of capacity.
  2. The Board reviewed the request for the Ponderay Car Wash to pay for additional NUFFs over a 6-month period. Bob motioned to allow the payment over time and Eric seconded the motion.  All in favor. 

REGULAR BOARD SESSION 

NEW BUSINESS:

  1. Resolution 10_2022 Resolution for Acceptance and Administrative Close-out of Sewer Main Extension, Ponderay Industrial Park, Lew Patrick

Motion to suspend the reading of Resolution 10_2022 was made by Bob and seconded by Cliff.  Motion to accept the Resolution 10_2022 was made by Bob and seconded by Cliff.  All in favor.

  1. Resolution 08_2022 Resolution for Acceptance and Administrative Close-out of Sewer Main Extension, Ponderay Cottages, Ben McGrann

Motion to suspend the reading of Resolution 08_2022 was made by Eric and seconded by Cliff.  Motion to accept the Resolution 08_2022 was made by Bob and seconded by Eric.  All in favor.

  1. Approval of Sewer Main Extension Application and Agreement, R&B Development, Kootenai Commerce Center, Dale Rainey .

Motion to approve the Sewer Main Extension Application and Agreement between R&B Development, Kootenai Commerce Center was made by Cliff and seconded by Bob. All in favor. 

APPLICATIONS and UPDATES: (ALL APPROVED)

  1. Commercial-Industrial Sanitary Sewer Service Connection, Wildflowers Resale Boutique, 30620 Hwy 200, Ponderay.  Property owner Steve Diedrich.
  2. Commercial-Industrial Sanitary Sewer Service Connection, 477255 Highway 95, Hotel Ruby Cabins, Property owner GVD.

FYI: Tanner approved:

Rescinding Memorandum of Agreement for lateral repairs, 439 Upper Humbird, recorded 9/2/22
Rescinding Memorandum of Agreement for lateral repairs, 101 Whiskey Jack Road, recorded 9/2/22
Memorandum of Agreement for lateral repairs,86 Upper Humbird Drive, recorded 9/2/22

Cliff moved to adjourn the meeting.  Eric seconded the motion.  All in favor.

Meeting adjourned at 6:40 pm.

Signed:  Laura Dallas

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