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LAKEHAVEN UTILITY DISTRICT
King County, Washington

REGULAR BUSINESS MEETING
June 23, 200
5

A regular meeting of the Board of Commissioners of the Lakehaven Utility District, King County, Washington, was held on June 23, 2005 at the Lakehaven Center, 31531 First Avenue South, Federal Way, Washington, 98003.

President Stewart opened the meeting at 6:00 p.m. and asked Commissioner Miller to lead the flag salute. Members/officials present were as follows:

Ed Stewart - President of the Board
Beverly Tweddle - Vice President of the Board
Don Miller - Secretary of the Board
Dick Mayer - Commissioner
Don Perry - General Manager
Bert Ross - Engineering Manager
Morgan Dennis - Director of Finance/Information Systems
Steve Pritchett - General Counsel

Upon motion of Commissioner Tweddle, which was duly seconded by Commissioner Miller, the Board unanimously excused Commissioner Jovanovich as he was unable to attend the meeting.

APPROVAL OF MINUTES

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Tweddle, the Board unanimously adopted the minutes of Board meetings held on the following dates: April 28, 2005, May 12, 2005, May 26, 2005 and June 9, 2005.

APPROVAL OF AGENDA

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Tweddle, the Board unanimously approved the evening’s agenda as amended below:

  1. Add Executive Session to discuss Collective Bargaining

It was the consensus of Board to address items on the Consent portion of the agenda at this time.

CONSENT ITEMS

  1. Pump Station 32-Pump Replacements
  2. CPILOA Approval – Resolution No. 2005-1046
  3. Resolution of Commendation – Lee Schumacher, No. 2005-1047

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Miller, the Board unanimously approved the Consent agenda as presented.

At this time, Commissioner Miller, in his role as Secretary of the Board, read Resolution No. 2005-1047, the resolution of commendation for Lee Schumacher, the District’s outgoing Wastewater Treatment Plant Superintendent, into the record and presented it to Mr. Schumacher for over 30 years of loyal service to Lakehaven Utility District. Mr. Schumacher then addressed the Board and the audience with parting remarks. At that point, Mr. Schumacher was given a standing ovation for all his hard work and accomplishments throughout his career.

CITIZENS COMMENTS

Mr. Jeff Alexander, business agent for the IUOE Bargaining Unit, read a letter to the Board that was signed by some members of the unit. He then read the letter, which was a letter of no confidence in the General Manager. Commissioner Stewart expressed his shock at the issues stated in the letter and stated his support of Mr. Perry.

Other citizens were in the audience from the North Lake community to address the issue of determining if it would be feasible to bring sewers to their area. Mrs. Simone Perry, who lives in that neighborhood, was the spokesperson for the group and addressed the Board. She stated that their neighborhood had recently been surrounded by new Quadrant Corp. development and they wanted to ensure that the Board was aware of their initiative. Mr. Ross noted that he had spoken to Mrs. Perry about several different options that were available. Mrs. Perry also stated the concern that they live in a lake neighborhood and noted that some of the homes are on-site sewage disposal systems and are quite old. Commissioner Tweddle suggested a community meeting in the neighborhood to discuss sewers and answer any questions the home owners might have. Mr. Ross agreed and noted once a map of the exact area is obtained, staff would be able to prepare a preliminary design and estimate the project costs, etc. and discuss these and other issues at a meeting of the community. The Board thanked the citizens for bringing their concerns to them.

ACTION ITEMS

#38 – 2nd Avenue SW Sewer Extension – Cottages West, 4th Place SW Sewer Trunk Replacement - Tuscany: Wes Hill, the District’s Development Engineer/Manager of Development Services, presented this item. Cottages West and Tuscany are located on adjoining parcels and are being developed concurrently by a single development company. The City of Federal Way is requiring that the primary access to Cottages West, on 2nd Avenue SW, be improved to half-width the City standards from SW 356th Street to the southern limits of the plat. The District, in turn is requiring the developer to extend an 8 inch sewer main in 2nd Avenue SW at the same time. Mr. Hill then explained the history surrounding this area and provided more recent information relating to service and land use decisions. The extension of the 8-inch sewer main is intended to serve both parcels and will be eligible for latecomer’s reimbursement, subject to execution of an agreement with the District. Mr. Hill stated that staff felt this represented the most cost effective way of extending sewer service in this area. A discussion then followed relative to contingencies and other items included in the draft agreement. It was noted that this project, if approved, might not be completed until 2006. Mr. Hill noted the project would begin in the Cottages West development first, as there would be a detention facility that will serve both plats. Subsequent to the discussion, the Board considered this item.

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Tweddle, the Board unanimously authorized staff to amend the developer extension agreements for both Cottages West and Tuscany projects to cover 100% of the costs for the identified improvements required by the District. The dollar amount would not exceed $86,125.00 for the Cottages West project, which includes a 15% contingency and Washington State Sales Tax. The “not-to-exceed” amount for the Tuscany improvement would be either $138,550.00 or $118,650, depending on the type of pipe that was used – either ductile iron or C-905 PVC, respectively. These amounts included a 15% contingency and Washington State sales tax as well. Mr. Hill thanked the Board for approving this item.

#39 South 336th Street/1st Way South Intersection-Interlocal Agreement with City; Approval: Mr. Ross began by stating this was a fairly small project. The City of Federal Way is adding a west bound right turn lane going north bound on First Avenue South. There is a water main located within this area that must be replaced and lowered to meet the design of the new infrastructure. This item is for the design of the water main relocation only. Mr. Ross added the City was fast tracking the bidding for the work and District staff intends to perform the work.

Upon motion by Commissioner Miller, which was duly seconded by Commissioner Tweddle, the Board unanimously approved the Interlocal Agreement with the City of Federal Way for the South 336th Street/1st Way South Intersection project and authorized the General Manager to execute the agreement on behalf of the District.

INFORMATION ITEMS

#1, Travel Authorization – American Public Works Association.

#2, Travel Authorization – Special District Institute.

#3, Travel Authorization – Association of Metropolitan Water Agencies.

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Miller, the Board unanimously approved amending the agenda to add Action Item #40, Travel Authorization – American Public Works Association, Special District Institute, and Association of Metropolitan Water Agencies: Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Miller, the Board unanimously approved travel for any commissioner, along with the General Manager and General Counsel, wishing to attend any of the conferences noted above.

INFORMATION ITEMS (cont.)

#4, Customer Relations/Conservation Outreach Program: Mr. Pritchett stated the purpose of this item was to provide the Board with a brief overview of the District’s Conservation Program to give them an idea of the different functions, etc., that occur throughout the year. Jean Gardiner, the District’s Customer Services Manager, began the presentation by reporting that the Tacoma News Tribune had published an article on the Conservation Garden and added the garden had also been a topic of discussion at a City of Federal Way Council meeting. In addition, there is a conservation banner that is posted near the driveway in front of the Administration Building. Ms. Gardiner went on to state the District also advertises in several publications as well as the following: Chamber of Commerce sponsored map of the City of Federal Way and the Federal Way School District’s sports calendars. In March of each year District staff participate in the H20 Water Festival, which is a class for 4th and 5th graders. This class provides two days of classes relating to water conservation issues. This last year, approximately 250 Federal Way students participated; the District contributed $10 per student. Two District employees work at the festival half a day each day. In addition, two employees attend the Weyerhaeuser Plant Sale each year. Free rain gauges and pamphlets are handed out during that function. Ms. Gardiner noted the cost for two days was approximately $700. She went on to provide information regarding the annual Conservation Poster Contest that was recently completed. She reported that the Superintendent of Schools was in attendance at the poster contest award ceremony and was very enthused about the program. She added that he had warned them to expect triple the number of participants in the contest next year. It was noted that there had been 470 entries from 17 schools in this year’s contest. A calendar is created from the poster winners and 1,000 calendars are printed at a cost of $8 each. Each participating school receives 75 calendars and some are provided to the businesses that support this program. In addition, calendars are provided to the school district offices. Ms. Gardiner went on to state that the winning posters will be displayed at The Commons this year; staff also hoped for a much bigger display next year. The total approximate cost for this program is $8,500 per year. Each year the District participates in the Red, White & Blue Festival on July 4th at Celebration Park and the District’s booth is one of the most popular. Staff provides kites, coloring books, toy airplanes and bubbles to people visiting the booth. This festival draws approximately 15,000 people and five District employees work at the booth from 3 p.m. until midnight. She went on to state the District pays approximately $1,500 in overtime for this event. Ms. Gardiner next reported staff has also participated in the Festival Days parade at the end of August. She stated that in 2004 the District was represented with a “Toilet Brigade”, which requires 13 people. She noted there was a nominal fee to rent the toilets. In addition, kites were given away during this event, which brought the labor cost last year to over $5,000. It was noted the District chose not to participate in the parade this year. In addition, the number of staff participating in the Festival will be reduced from five to two this year and it was suggested that the Toilet Brigade be resurrected every other year at Festival Days. A suggestion for the alternate year is to feature “Wayne Drop”, which is a costume that requires two people. In October, District staff will participate in the Safety Show at The Commons, which is sponsored by Fire District #39. The District sponsors a table and conservation items are given away at that event. Linda Kochmar, the District’s Risk Management Analyst and who is in charge of the Conservation Program, indicated that $8,000 is spent per year on the free items that are given away. Commissioner Tweddle inquired if staff could ask for volunteers and Ms. Gardiner stated that nine employees and their children made up the number needed for the Toilet Brigade at last year’s event and added volunteers would be very helpful. Commissioner Mayer noted it was necessary to have employees available to answer questions at these functions. Ms. Gardiner went on to discuss other conservation items that are available to the public and a brief discussion followed. She then moved to possible future programs. Customer Appreciation Week was celebrated a few years ago. Small items were given away to customers and money was spent on signage, which could be used again. Another idea would be packets for new owners, which had been previously done. She went on to provide a list of possible information that would be included to new owners. A suggestion was made to include this information on the District’s website; staff could then direct new owners to the website. It was noted that this information is currently on the District’s website. A discussion followed about new conservation ideas. The last suggestion was to include a usage graph on the bimonthly bills, as that is a great way to compare water usage for the different periods in the year. At the end of the presentation, the Board thanked Ms. Gardiner for the excellent presentation. Mr. Pritchett also thanked Max Rawson, the District’s Information Systems Specialist, for preparing the power point presentation. He also thanked Ms. Gardiner and Ms. Kochmar for all their hard work. He noted he felt the conservation program was one of the most important at the District. John Bowman, the District’s Water Manager/Special Projects Manager, provided some comments relative to the Conservation Program. He stated this has become a very important topic and added the Department of Health had been assigned to develop conservation standards for the utility industry. He added he had just received a draft of the rules, which included three primary targets – efficiency, planning and requirements. Mr. Bowman noted that the District already incorporates some of these rules now. In addition, distribution leak standards are also being proposed, which is a 10% - unaccounted for water. This is no different than what the American Water Works Association has done in the past. Lastly, goal setting and performance reporting requirements will be required. He stated that each time a comprehensive plan is amended, public meetings will be required for conservation issues goal setting. He noted staff was planning to include reporting requirements in next year’s Annual Water Quality report as they relate to the conservation goals. He stated it is very difficult to determine how much water the District’s customers are not using, which was followed by a discussion about monitoring consumption. Subsequent to the discussion, Mr. Bowman explained he wanted to add this piece to Ms. Gardiner’s presentation to provide the Board information on developments on the regulatory side of water conservation.

#5, Development Engineering Presentation and Plan for Languishing Developer Extension Projects: Mr. Hill began the presentation with the languishing projects, which are those considered to be substantially complete, but have tasks remaining. It was noted that with the current Substantial Completion policy, staff should be seeing fewer projects that fall into this category. He went on to explain how the billing system will have a big part to play in this issue. He then provided a list of languishing projects and noted that three projects had gone from “languishing” to “accepted” since he had last spoken to the Board last spring. A discussion followed regarding several of the projects noted on the listing. Also discussed was a proposal to move towards sending monthly billings to developers. The discussion then moved to the school projects noted on the list. Commissioner Mayer volunteered to speak to the Superintendent of Schools about these projects. It was then noted that the District does not currently charge interest on outstanding charges and suggestions were made regarding the best way to proceed in this area.

Mr. Hill next moved to the Program for Development Services. He began by thanking the Development Services staff, Mr. Perry and Mr. Ross and then went on with the presentation by first briefly reviewing the members of his staff and their background. Mr. Hill stated that customer service is an essential function of his staff. He summarized the different customer service functions his staff provides to developers, engineers/surveyors, contractors, property owners, citizens, real estate agents/title companies and other public agencies as well as other departments within Lakehaven. He noted that some of the tasks that are performed are revenue generating while others are non-revenue generators. He then provided a summary of the tasks that are performed by his staff. These included developer extensions, service connections (permits), availability certificates, preliminary project review and comment, latecomer agreements/CPILOA/Early comers, capital facility charges, hydrant permits, customer assistance, pretreatment program, a list of authorized side sewer contractors and easement/document recording. Mr. Hill then explained each of these tasks in more detail. He noted his staff also provides support for Customer Service and Operations in terms of facility and connection issues. Mr. Hill then concentrated a portion of his presentation on timelines and other issues that impact his staff. He noted that when a design is submitted, reviewed and then has to be rejected, the project’s timeline is impacted. He added that customers that fail to meet deadlines also impact the project, as well as staff time. In addition, staff will provide comments to the developer and there will be no response to the comments. There seems to be a bottleneck on both the engineering and construction side. Mr. Perry interjected at this point and commented that the staff of Tacoma Public Utilities performs all design and installations, in-house, thus eliminating the issues presented by Mr. Hill.

At that point and due to the late hour, Mr. Perry asked Mr. Hill to present the remainder of the program to the Board at a later date.

COMMITTEE REPORTS/COMMISSIONER COMMENTS

Commissioner Mayer reported his satisfaction with the General Manager’s ethics and noted the performance reviews that have been conducted in the last three years reflect that. Commissioner Miller concurred with Commissioner Mayer. He added he felt the General Manager had always been responsive when asked questions and noted he was sorry the union was unable to find a way to negotiate. Commissioner Miller then thanked the Board for allowing him to attend the American Water Works Association annual conference recently. He then reviewed what had been included in the program and commented that he felt a note should be sent to the District’s national representative asking for support in the District’s efforts to receive cooperation from the Bureau of Reclamation concerning reclaimed water.

STAFF REPORTS

General Counsel: Mr. Pritchett reported a press release had been sent to the local newspaper regarding the Conservation Poster Contest and noted it included a photograph of Commissioner Stewart with the Poster Contest winners. He then reported he had met with the attorney for a development being proposed by Lloyd Enterprises, Inc. as well as the attorney representing Pierce County. He then provided a synopsis of the meeting. He noted he would like direction from the Board to try and negotiate an agreement for service in that basin. It was noted that, at this time, it was unclear as to the size of the area in question. Mr. Pritchett then indicated he would write a letter to Lloyd’s and ask for clarification on this issue. Subsequent to the discussion, the Board concurred that Mr. Pritchett move forward with a letter as proposed.

Engineering Manager: Mr. Ross reported on the “Kick off” meeting on the GIS Implementation project that was held earlier in the day and added he felt the meeting had gone well. Staff was provided with a schedule of work and how much support by staff would be needed. Mr. Ross went on to report that a portion of the GIS should launch in October. Commissioner Mayer had also attended the meeting and stated the District received a commitment from the vendor to be on time with no changes.

General Manager: Mr. Perry reported he had received the four-party agreement from the Greater Federal Way Emergency Management Planning Committee and noted he would provide copies to the Board. He added he had received information at their last meeting concerning finances. Mr. Perry next reported that the City of Federal Way was currently going through the process to open French Lake Park as an off-leash dog park. He then reported that representatives from Enchanted Parks had asked District staff to review their water and sewer connections. He went on to briefly explain the issue relative to this item. He next stated that he had been asked to serve on the Pre-Planning Committee for the King County Coordinated Water System Plan. The purpose of the committee will be to review what issues King County intends to include in the plan. Mr. Perry next reported he had received a letter from the Department of Health earlier in the week; they had accepted the District’s water quality monitoring procedure that has reduced Lakehaven’s requirement when not using Second Supply Pipeline water, which should save approximately $4,000 per year in sampling costs.

EXECUTIVE SESSION

At approximately 8:50 p.m., the regular meeting was recessed for the purpose of conducting an Executive Session to discuss Collective Bargaining. It was announced that the Executive Session would last approximately 10 minutes. At approximately 8:59 p.m. the Executive Session was adjourned and the regular meeting was reconvened.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at approximately 9:00 p.m.