Water Utility Council

Meeting Minutes

Thursday March 17, 2005

Held @ Bloomington Water Treatment Facility

Bloomington, Minnesota

 

Attendance:

Bernie Bullert, Bob Cockriel, Chris Elvrum, Glen Gerads, Stever Gleason, Kevin Graves (Sub for Bill Angeman), Chad Hill, Kurt Johnson, Adam Kramer, Allen Lamm, John Lapoint, Doug Lubben, Dick Nagy, Chip Robinson, Ed Sorenson, Don Volk.

 

Housekeeping:

Kurt Johnson chaired the meeting.

 

Kurt introduced Doug Lubben as newly appointed commercial member of WUC, Doug is with CH2M Hill.

 

Meeting Minutes:

The Meeting Minutes of December 16, 2004 were approved. Motion by Dick Nagy; Second by Ed Sorenson.  Motion approved.

 

Congressional/EPA Update:

            None.  Bob Peplin was not present.

 

Legislation being Advanced:

Steve Gleason distributed a proposed bill, Senate File No. 1009, relating to landlord and tenant; which proposes to make unlawful collection of outstanding water utility charges by way of; 1. Attempting to collect from the property owner who has not contracted for the service 2. Conditioning service on payment of an outstanding bill when previous customer has vacated the property 3. Placing a lien on property whether created by local ordinance or otherwise.

 

Steve Gleason stated Saint Paul Regional Water currently assigns all bills to the property.  Saint Paul has no relationship with tenants.  Saint Paul believes this bill is detrimental to collections and places an inappropriate burden on the utility to collect from a tenant.  Saint Paul is concerned the bill seeks to negate all local ordinances establishing the relationship between the bill and the property.

 

Adam Kramer and Bob Cockriel stated their Cities (Minneapolis and Bloomington respectively) had similar ordinances establishing contract for service with the property and not the occupants.  Protecting this relationship is important.

 

Steve Gleason made a motion that the Water Utility Council prepares a letter of objection to this proposed bill.  Second by Bob Cockriel.  Motion approved.

 

AL Lamm suggested perhaps a form letter objecting to the bill for all cities to consider submitting should be prepared.

 

Legislative report from LMNC Representative:

Craig Johnson was not in attendance.  However, Bernie Bullert spoke with Craig and provides the following summary:

1.      State Bonding Bill: Craig expects bonding bill (previously estimated at $435M) will be fully funded.

2.      SRF…Craig expects both the Waste Water SRF and the Drinking Water SRF will be fully funded.

3.      Water Appropriation: DNR has proposed raising water appropriation fees.  However, LMC has advised DNR of its opposition to such a fee increase and further advised DNR to dedicated latest rate hike to Water Appropriation operations as it is not appropriate last rate hike monies went to the general fund.  Craig may look to WUC representatives to testify on this matter and oppose increase in appropriation fee.

4.      Drinking Water Fee:  Minnesota Department of Health is seeking to raise $5.21 fee to $6.36 to balance fund to 2010.  Craig expects this will be authorized.

5.      Impaired Water Funding:  An un-funded federal mandate requires the State make impaired water environmental improvements.  Some funding mechanism will be approved in 2005.  The original proposal called for collecting $36 per typical residential account via utility billing.  Craig expects amount of funding will be different as well as the collection mechanism. 

6.      LMC will likely object to proposed bill related to utility bills, landlords, and tenants.

 

State-Related Water Issues:

 

1.                  Miscellaneous Updates

 

A.     Gopher State One-Call (GSOC) Adam Kramer

1.      With regard to the bill requiring location of private utilities in the R-O-W:

                                                                                                                                     a.      Adam stated GSOC participated in the hearings to explain the effect of the proposed legislation on the One-Call system.

                                                                                                                                    b.      Hearings have been held.  Awaiting ruling from Administrative Law Judge.

2.      There is a national push for “positive response.”  An initial “811” plan has passed a senate committee.  Such a requirement would greatly increase one-call center operating costs.

3.      The current vendor operating the one-call center is “One Call Concepts”.  The firm is for sale.  GSOC Board wants to avoid any slip in the level of service offered by this company.  Accordingly, the Board is contemplating bidding new contract or negotiating contract extension with “One-Cal Concepts”.

4.      With regard to the billing changes implemented in 2004, the GSOC Board is seeking to collect an appropriate reserve.  There have been fewer locate tickets since the billing changes were implemented.

 

B.     Environmental Quality Board (EOB) Ed Sorenson

Ed distributed a report of the Environmental Quality Board dated February 2005 identifying priorities for the 2005-2007 biennium.  Ed pointed out the report supports increasing the drinking water fee of $5.21 to $6.36 and funding impaired water cleanup.  He suggested all read the document.  There was discussion on the sustainability of Metropolitan water resources and the need to quantify actual availability through a scientific approach.

 

C.     National legislative activity that may impact water:

Adam Kramer advised:

1.      The energy lobby is looking for “safe harbor” to get out of liability for pollution it may have caused.  If the energy lobby is successful, it means in the long-term water utilities could be responsible to clean water supplies.

2.      NPDS permits may be required for any artificial connection tying one (water shed) basin to another.  An example may be Saint Paul pumping from the Mississippi River to the chain of lakes.  Litigation on this matter is on-going.

3.      Disinfections by-products rule.  AMWA is putting together guidance on how to response to the inevitable press release suggesting DBP may include trihalomethanes that have been linked to spontaneous abortions.

4.      Changes to the lead rule are on the horizon.

5.      The 3M scotchgard  problem is getting national attention.  PFOA and PFOS are linked to liver cancer.  Much more study is needed on harmful exposure limits.

 

2.      Reports

                                                                              b.      Minnesota Rural Water Association

None.  Ruth Hubbard was not present.

                                                                               c.      Minnesota Department of Health

None.  Doug Mandy was not present.

 

                                                                              d.      Metropolitan Council

i.   Chris Elvrum distributed House File No. 1044 and explained the bill lays out the need to study Metropolitan water resources and better quantify quantities.  Met Council looks for bill to be authorized.  Met Council staff does not have scientific information on sustainability of water resources.  However, they have observed there are water limitations in certain locales.  Chris suggested some positive points to the bill include the studies proposed under the bill and the requirement to establish a water supply advisory committee to the council.

 

                                                                               e.      Minnesota Department of Natural Resources

None.  Jim Japs was not present.

 

                                                                                f.      Association Director

i.         Bernie Bullert did not have specific association news to report.

 

Discussion/Action Items

 

1.      WUC membership

Currently, the WUC is represented by six Commercial Consulting members and eleven Utility members.  The Commercial complement is two short of design.  We discussed the need to consider this representation especially considering the national WUC is represented almost exclusively by Utility members.  All members should consider if a recommendation to the section board may be appropriate.  Some possible ratios may be Commercial/Utility: 6/13, 7/12.  Else, WUC will seek additional Commercial members.

 

2.      New Issues:

DNR Emergency/Conservation Plan Guidelines

DNR expects posting 10 year plan documents on the website by April 1, 2005.  Letter to cities indicating due date etc. will be issued the 1st week of April.

 

Water Appropriations

Appropriation application will be optional part of 10-year plant.  If 10-year plant is approved, appropriation will be approved.

 

We discussed the need to study and seek to understand the effect of adjacent groundwater draw on Mississippi River flows.  Overall flow may be decreasing.

 

Other Business:

Adam Kramer offered to host the September meeting of the Water Utilities Council at the Minneapolis Membrane Plant.  He offered to bring the group on a tour of the facility following the meeting.  The plant is schedule to go on-line in June 2005.

 

The City of Minneapolis is one of two cities being considered as host for the 2007 Membrane Technology Conference.

 

Next Meeting:

Will be held on Thursday June 23, 2005 10:00-12:00 at Saint Paul Regional Water Services McCarron’s Center located at 1900 Rice Street in Saint Paul, MN.

 

Meeting Adjourned:

There being no further business, Kurt Johnson adjourned the meeting at 11:30AM.  Motion by Bob Cockriel; Second by Don Volk.  Motion approved.