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LAKEHAVEN UTILITY DISTRICT
King County, Washington

REGULAR BUSINESS MEETING
August 11, 200
5

A regular meeting of the Board of Commissioners of the Lakehaven Utility District, King County, Washington, was held on August 11, 2005 at the Lakehaven Center, 31531 First Avenue South, Federal Way, Washington, 98003.

President Stewart opened the meeting at 6:15 p.m. and asked Commissioner Miller to lead the flag salute. He stated that Commissioner Jovanovich would be late and added that Commissioners Mayer and Tweddle would not be attending the meeting as both were out of town. Members/officials present were as follows:

Ed Stewart - President of the Board
Don Miller - Secretary of the Board
Tom Jovanovich - Commissioner
Steve Pritchett - General Counsel
Bert Ross - Engineering Manager
Morgan Dennis - Director of Finance/Information Systems

As there was not yet a quorum, it was the consensus of Commissioners Stewart and Miller to hear Citizens Comments at this time.

CITIZENS COMMENTS

Joanne Kaye, a District customer, was in the audience to discuss the access to the Tank No. 3 site in the Coronado Park area along SW 349th Place. The basis of the request was to ask the District to consider fencing the entire area. A portion of the area has been fenced by the City of Federal Way and the residents in the area would like to have the rest fenced to help discourage the vandalism, etc. that is a constant nuisance. A discussion followed and it was noted that District staff is currently working on a proposal to purchase an area adjacent to the District’s property from the City of Federal Way and then complete the fencing project. Subsequent to the discussion, the Board thanked Ms. Kaye for bringing her issue to the Board.

At this point of the meeting, Commissioner Jovanovich arrived and a quorum was established.

Upon motion of Commissioner Miller, which was duly seconded by Commissioner Jovanovich, the Board unanimously excused Commissioners Mayer and Tweddle from the meeting as they were out of town. It was also noted that Mr. Perry was not at the meeting and was out of town as well.

APPROVAL OF MINUTES

Upon motion of Commissioner Jovanovich, which was duly seconded by Commissioner Miller, the Board unanimously approved the minutes of the July 28, 2005 Board meeting as submitted.

APPROVAL OF AGENDA

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

  1. Add an Executive Session for the purpose of discussing personnel issues.

At that point, Mr. Ross requested that the Board address his staff report prior to addressing the Information items, which was agreeable to the Board.

CONSENT ITEMS

  1. Payroll, Payroll Taxes and Voucher Approval: Warrant dates of 8/5/05, 8/11/05, 8/12/05 and 8/15/05
  2. 2005-2008 Drinking Water Lab Services Contract
  3. Auburn Transfer Area – Customer Letter

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

ACTION ITEMS

#46, Lakota Beach Sewer Project – Review of Rebids: Mr. Ross began the presentation by stating staff had received positive results on the rebids for the construction contract that opened on August 4th. He noted the summary statement in the agenda item included six options for the Board to consider. Mr. Ross added that it was the consensus of staff to recommend Option 4 – deferring a possible award of the construction contract to the Board meeting of August 25th and in the interim, sending an informational letter to residents in the area that would include a proposed connection charge amount based upon the low bid. He went on to state the letters would be sent out by August 19th. Mr. Ross added if the Board approved this option it would take approximately one month to get the notice to proceed with the project after a contract is awarded. The contractor would then have 90 calendar days in which to complete the work; Mr. Ross noted he felt the contractor could be done within 60 days. Ken Canfield, the District’s temporary engineer and current Project Lead, pointed out that he has been working with the archaeological consultant for this project; apparently the consultant was contacted by a representative from the State Department of Archaeology and Historic Preservation who indicated they wanted the District to monitor private property for archaeological artifacts during the grinder pump and side sewer excavation work on private property. However, the District’s responsibility ends at the property line and will be limited to the right-of-way line and easements dedicated to Lakehaven. He added that the State would have to contact the City of Federal Way to address this issue. Mr. Canfield stated he felt the project would proceed as proposed. In response to the request from Commissioner Stewart, Mr. Ross read Option 4 contained in the agenda bill. At this point, Commissioner Stewart asked for public comments.

Mike Carlisle inquired as to any advantage of rushing into the contract award at the August 25th meeting instead of the September 8th meeting. He then asked why there seemed to be resistance from the District to polling the neighborhood and added that once the upland area was eliminated from the plan the area’s residents were not polled again. Mr. Ross noted that since the last sewer survey, there had been a large amount of input from residents on various occasions. A discussion then followed concerning the history of the upland area; it was noted during this discussion that the residents in this area have the opportunity to further extend sewers whenever they chose. Also discussed was the percentage of affirmative votes that were needed in order to move forward with this project. Mr. Pritchett noted that this was not an issue as this project was not a ULID. Mr. Carlisle went on to recommend the Board repoll the property owners to determine the level of interest in this project.

Elizabeth Kaup was the next person to address the Board. She stated she felt it would be in the Board’s best interest to delay consideration of this item until September and send out the postcards to determine the current interest. Option 3 was then read; subsequent to this, the Board considered the item.

Upon motion of Commissioner Jovanovich, which was duly seconded by Commissioner Miller, the Board unanimously approved Option 3, scheduling award of the construction contract for the Lakota Beach Sewer Project at the September 8th Board meeting and sending a letter and return postcard to the property owners in this area by August 19th, advising them of the current estimated project costs and how the connection charges would be impacted; they would have approximately 15 days to return the postcards so staff could compile the results and report them to the Board at that meeting.

A woman from the audience then inquired how the Board members would be sure everyone got contacted as people are often out of town at this time of year. Commissioner Jovanovich suggested that staff attempt to contact those who don’t respond to the letter.

Steve Bly, a resident of this area, inquired if any cost information had been developed for those who connect to the sewer after the initial hookup. A discussion followed regarding this issue during which it was noted that there were approximately nine parcels in the area that would not be served as those property owners were not interested in sewers. Mr. Bly expressed his displeasure with eliminating that area.

#47, Well 29 Concrete Detention Vault Purchase: Stan French, the District’s Water Quality/Production Engineer, referred the Board to the summary statement and bid opening document that were both provided in the Board packets. He noted this was similar to purchases that had been made for other sites. He indicated the estimate was a bit lower than the bids that were submitted and the reason for this was discussed. He added that staff had determined that the price submitted by the low bidder was reasonable.

Upon motion of Commissioner Miller, which was seconded by Commissioner Jovanovich, the Board unanimously authorized the General Manager to accept the purchase contract with Granite Precasting in the amount of $33,446.55, including tax, for the manufacture and delivery of a new concrete detention vault for the Well 29 Project.

#48, Iron and Manganese Filters Purchase for Well 17/17A/17B and Wells 19/19A: Mr. French indicated that he would be presenting this item in the absence of Mr. Bowman. He stated this proposal was the same as the Board approved for the District’s other well sites. Staff is recommending the ATEC pressure filter system for the removal of iron and manganese at these well sites. ATEC filters have already been installed at four other well sites and this system is relatively simple to maintain and operate. Mr. French added that there is 100% removal, due to these filters. He added that there had only been an 8% increase in ATEC’s cost over the last 3 years.

Upon motion of Commissioner Jovanovich, which was duly seconded by Commissioner Miller, the Board unanimously authorized the General Manager to purchase Iron and Manganese Filters for Wells 17/17A, 17B, 19 and 19A from ATEC System Inc. in the amount of $792,064.00, including tax. By their same vote the Board also authorized staff to make individual invoice payments related to this purchase without subsequent Board approval in order to benefit from a 2% reduction in costs if invoices are paid within 10 days.

At this point, Mr. Ross provided his staff report. He began by stating that he had spoken to the owner of Waterway Outdoor Cleaning who had attended the last Board meeting and had asked if she could use the hydrant near Costco to fill the water trucks. Staff investigated her request and determined that hydrants closer to the area that her company cleans could be used to fill the trucks. He then spoke to the other issue of the leased capacity charge and stated that staff was recommending that charge remain in place. A discussion then followed concerning options that might be allowable in cases such as this. During the discussion, Commissioner Miller expressed an interest in modifying this charge for hydrant permit holders who use relatively small quantities of water. It was noted that this issue will be addressed during the discussion about the Capital Facilities Charge. This is a policy question that the Board will have to consider.

Mr. Ross next reported that property owners in the East Northlake neighborhood requested information concerning sewer service extension from a development that is being built nearby. He added that John Lee, the District’s Project Engineer, had completed the design and developed a project cost for installing sewers in this neighborhood, based on requests from the property owners at a prior Board meeting. Mr. Ross went on to suggest that a postcard poll of the neighborhood be conducted, informing the residents of the approximate costs. This could be accomplished prior to meeting with the community. During the community meeting, the residents would have some preliminary information for discussion and District staff could discuss the results of that poll. Subsequent to this discussion, it was the consensus of the Board to direct staff to send the information to the property owners in the area to determine their interest in sewers.

INFORMATION ITEMS

#1, 2006 Lobbyist Services: Mr. Pritchett stated the District has retained the services of Phil Watkins for lobbying services for the last several years. He stated that this has required quite a bit of coordination; however, many issues have been pursued by District staff as well. He discussed several of the issues that had been addressed during prior legislative sessions and what the outcome of those issues had been. During the discussion Mr. Pritchett suggested the Board consider if they want to consider renewing Mr. Watkins’ contract. He also noted that while Mr. Watkins has done a superb job for the District, he felt that there were no pressing issues coming before the legislature that would be of prime interest to the District. He reiterated the concern with the assumption bill, but noted other agencies have taken the lead on that issue. Mr. Pritchett added the Board might consider some kind of alternative contract that was less intense; Mr. Watkins could serve as a coordinator on bills of interest. During the discussion Mr. Pritchett noted he would be determining topics for the next legislative agenda. Commissioner Jovanovich suggested the legislative agenda could dictate whether or not the Board wished to retain the services of Mr. Watkins for the next year.

Information Item #2, Well 33 Development – CIP Amendment: Mr. French stated that he was presenting this item in the absence of Mr. Bowman and noted this agenda item proposed an amendment to the CIP for the development of Well 33. He went on to review the summary statement that was included in the agenda item. It was noted that Robinson and Noble, the hydro geological firm retained by the District, reported the District may be able to attain an additional 1,200 gpm without affecting the Federal Way Deep Aquifer. After researching several sites, it has been suggested that the location to the west of Lakehaven Center is one of the most likely sites. He reviewed the estimated project costs and added that if this project is not pursued at this time, the District would likely lose the opportunity to fully develop the Federal Way Deep Aquifer. At the conclusion of the presentation, Mr. French indicated that staff wanted the Board to be aware of this and added they would be recommending that the Board amend the CIP budget to add this item. The Board thanked Mr. French for the presentation.

STAFF REPORTS

GENERAL COUNSEL: Mr. Pritchett reported that he would be out of the office beginning the next day and all of the next week. He then reported that the District’s insurance carrier had submitted a proposal for full value coverage against terrorism. He explained what the current limit was, as well as what the additional costs would be. He next referred to the letter that will be sent to customers living in the Auburn transfer area. The letter spoke about a different rate for water and Mr. Pritchett stated that the District’s rate resolution will have to be amended to reflect the water rate for those customers.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at approximately 7:15 p.m.