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LAKEHAVEN UTILITY DISTRICT
King County, Washington
REGULAR BUSINESS MEETING
August 25, 2005
A regular meeting of the Board of Commissioners of the Lakehaven
Utility District, King County, Washington, was held on August 25, 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
Tom Jovanovich - Commissioner
Dick Mayer - Commissioner
Don Perry - General Manager
Steve Pritchett - General Counsel
Bert Ross - Engineering Manager
Morgan Dennis - Director of Finance/Information Systems
APPROVAL OF MINUTES
Upon motion of Commissioner Miller, which was duly seconded by
Commissioner Mayer, the Board unanimously approved the minutes of the
August 11, 2005 Board meeting as submitted.
APPROVAL OF AGENDA
Upon motion of Commissioner Tweddle, which was duly seconded by
Commissioner Jovanovich, the Board unanimously approved the
evening’s agenda as submitted.
CONSENT ITEMS
- Accounts Payable Vouchers and Payroll Transactions Approval:
Warrant dates of 8/23/05, 8/29/05, 8/30/05 and 8/31/05
Upon motion of Commissioner Tweddle, which was duly seconded by
Commissioner Mayer, the Board unanimously approved the Consent
Item as presented.
ACTION ITEMS
#49, Marine Hills Sewers – Developer Extension Agreement Approval
for District Contribution: Mr. Pritchett stated he had modified some
information in the District’s template developer extension agreement for
this particular project; and went on to explain the modifications. He
also explained what is considered to be the reimbursement share for the
project and noted that the District would be held harmless from any
claims from the developer and/or the contractor. Other provisions in the
template agreement remained unchanged. Mr. Pritchett stated the unique
feature of this agreement provided for the District’s responsibility for
no more than 49% of the approved project costs. He then added that the
District will determine what the latecomer charge will be, based on a
formula developed by engineering staff. At the conclusion of the
discussion Commissioner Tweddle thanked Mr. Pritchett for his thorough
explanation of this complicated agreement application.
Upon motion of Commissioner Mayer, which was duly seconded by
Commissioner Jovanovich, the Board unanimously approved the
developer extension agreement for the Marine Hills-Burton project that
reflects a maximum 49% District participation in substantial conformance
to that presented to the Board. The Board thanked Mr. Pritchett for the
presentation.
#50, Legislative Lobbyist Contract 2006 Renewal: Mr. Pritchett
stated this issue was discussed at the last Board meeting and it was
determined that the District has no significant items to bring forth at
the next legislative session. However, there continues to be a strong
interest in things that occur in the State Legislature. Mr. Pritchett
noted that most Board members felt that Mr. Watkins has done a good job
for the District in the past as the District’s lobbyist. He added he had
discussed this issue with Mr. Watkins as to some alternate type of
arrangement to enable the District to remain informed of topics of
interest. A discussion followed as to what path to take that would be in
the best interest of the District and its ratepayers. Also discussed
were expenses that are incurred while the lobbyist is performing the
work of the District. During the discussion Mr. Pritchett was asked for
his thoughts on this topic. He indicated he felt it was valuable to be
kept informed of issues of interest to the District and the best way to
accomplish this is to have someone there. He added he was recommending
the Board approve the contract he proposed, which was $1,500 per month
for a period of six months, plus pre-approved expenses for the upcoming
legislative session.
Upon motion of Commissioner Tweddle, which was seconded by
Commissioner Jovanovich, the Board unanimously authorized the
renewal of the contract with Phil Watkins for lobbyist services for the
upcoming legislative session. The contract will be for a period of six
months for an amount of $1,500 per month plus pre-approved personal
expenses.
#51, Request Special Meeting for Complete Development Engineering
Presentation: Two installments of this presentation have been given
this year and some Board members were unable to hear one or both of the
installments. Mr. Ross suggested the Board consider scheduling a special
meeting to hear the complete presentation. A discussion followed and
proposed meeting dates during the month of September were discussed.
Upon motion of Commissioner Mayer, which was duly seconded by
Commissioner Jovanovich, the Board unanimously authorized a
workshop to be held on Wednesday, September 14th at 6 p.m. at Lakehaven
Center. The purpose of the workshop is to hear a complete presentation
and overview of the routine activities and responsibilities of the
Development Engineering Division.
#52, Lower Woodmont North Beach Line Replacement – Status Report
and Construction Change Order #2 – Approval: Mr. Ross introduced
John Lee, the District’s Project Engineer and project manager for this
item. Mr. Lee stated Phase 2 of this project began August 15th. He added
that staff had received some comments from homeowners and they were
working with them. Information was sent to the residents in the affected
area that the contractor would be working some nights, due to the tides
on the Puget Sound. Mr. Lee went on to state that before Phase 2 began,
the contractor advised the District that changes would be required for
this phase. The requests and supporting data were reviewed by District
staff and Mr. Lee indicated that staff was be recommending approval of
the eight items modified as noted in Change Order #2, which was attached
to the agenda bill. It was noted that a representative from CH2M-Hill,
the firm retained for construction management services for this project,
was in attendance to provide any details or answer any questions. Mr.
Lee explained each item in the change order and invited questions, which
prompted further discussion. Subsequent to the discussion, the Board
considered this item.
Upon motion of Commissioner Mayer which was duly seconded by
Commissioner Miller, the Board unanimously approved Change Order
#2 to MidMountain Contractors, Inc. in the amount of $100,803.20,
including sales tax, and authorized the General Manager to
execute the change order on behalf of the District.
#53, Well 33 Development – CIP Amendment: John Bowman, the
District’s Water Manager/Special Projects Manager, began the
presentation by stating that Stan French, the District’s Water
Quality/Production Engineer, had provided information to the Board on
this issue at the last Board meeting. He stated that if the Board
concurred, Well 33 will be an additional production well to help perfect
the available water right under the Well 19 permit. The current well at
the Well 19 site cannot produce enough water to perfect the water
allowed under the existing right and it will be necessary to add a well
from another area for Well 33. Staff of Robinson and Noble, the
District’s hydrogeological firm, has evaluated several sites and the
Lakehaven Center property represents the likely drilling site. The cost
of developing a new Well 33 and perfecting the Well 19/33 water right is
approximately $1.5M. If it is determined that the Lakehaven Center site
is not feasible by the results of test drilling, there are other sites
to investigate. The District has been given approximately two years to
drill and develop Well 33 to tap the deep aquifer. He added if this
project is moved forward, drilling will start with a test well at the
Lakehaven Center site followed by a production well. A discussion then
followed about the details of the proposed project. In response to a
question if other new wells can be drilled, Mr. Bowman stated that one
can still apply for water rights, but Lakehaven is using nearly all the
water that is possible from all of the District’s aquifers. He stated
the deep aquifer is the only known aquifer that has not been fully
utilized. Subsequent to the discussion, the Board considered this item.
Upon motion of Commissioner Miller, which was duly seconded by
Commissioner Tweddle, the Board unanimously authorized amending
the 2005 Capital Improvement Plan and Budget to include development of
the last deep aquifer well (Well 33) for water right permit G1-25046 and
directed staff to proceed with the project to meet the permitted
timelines provided by the Department of Ecology.
INFORMATION ITEMS
#1, Surplus Property – Vehicles; Resolution No. 2005-1051: It
has been determined that Vehicle #4; a 1998 Ford Ranger 4X4, Extended
Cab Pickup, is not longer useful to the operations of the District and
staff has recommended it be surplused.
Upon motion of Commissioner Mayer, which was duly seconded by
Commissioner Tweddle, the Board unanimously approved amending the
agenda to add Action Item #54, Surplus Property – Vehicles;
Resolution No. 2005-1051 Adoption.
Action Item #54, Surplus Property – Vehicles; Resolution No.
2005-1051 Adoption: Upon motion of Commissioner Mayer, which was
duly seconded by Commissioner Tweddle, the Board unanimously adopted
Resolution No. 2005-1051, declaring certain items of property to be
surplus and authorizing the sale thereof, pursuant to R.C.W. 57.08.015.
Information Item #2, National Incident Management System;
Resolution No. 2005-1052: Mr. Perry stated that the United States
Department of Homeland Security has determined that after 9-11-01, the
best model for handling emergencies is to have one system of handling
emergencies and the paperwork that follows, nationwide. In order to
accomplish this, the District, along with all government agencies, will
be required to adopt the National Incident Management System (NIMS). All
critical staff will receive training and a resolution from the Board is
required to document the adoption of the system. In addition, the
District’s Emergency Management Plan will have to be modified in order
to be in compliance with NIMS. Mr. Perry added that any agency that
chooses not to adopt NIMS will not be eligible for FEMA Disaster Aid or
any other FEMA funds in the future.
Upon motion of Commissioner Mayer, which was duly seconded by
Commissioner Tweddle, the Board unanimously approved amending the
agenda to add Action Item #55, National Incident Management System;
Resolution No. 2005-1052 Adoption.
Action Item #55, National Incident Management System; Resolution
No. 2005-1052 Adoption.: Upon motion of Commissioner Mayer, which
was duly seconded by Commissioner Tweddle, the Board unanimously
adopted Resolution No. 2005-1052, adopting a National Incident
Management System to provide better coordination between agencies in the
event of an emergency.
COMMITTEE REPORTS/COMMISSIONER COMMENTS
Commissioner Miller reported he had received a mailing from the
American Water Works Association, indicating a mailing list had been
confiscated from the association by a computer hacker. The purpose of
the letter was to inform the members of the association.
Commissioner Mayer reported that he would be out of town for the
first meetings of September and October.
STAFF REPORTS
ENGINEERING MANAGER: Mr. Ross reported the sewer survey
for the Lakota Beach Sewer Project had been sent the preceding
Monday, instead of the Friday before as had been originally planned.
He added staff spent more time to ensure that the mailing list was
accurate. He added that the survey that had been discussed for the
East Northlake neighborhood had also been sent out the Thursday
before. The report from that survey will be provided to the Board in
approximately one month. Lastly, Mr. Ross referred to the appeal
that was made by Mrs. Angove, of Waterway Outdoor Cleaning and
reminded the Board that her company cleans the parking lot for the
local Costco. Mrs. Angove had appealed to the Board for permission
to fill her company’s trucks at a different hydrant than she had
been assigned by District staff. He noted that after discussing this
issue staff gave her permission to use the hydrants located at the
Costco parking lot. Mr. Ross then stated he had received additional
information from Mrs. Angove concerning the other issue she was
appealing, which had been included in his staff report. He reported
staff had also reviewed the situation relative to the leased
capacity charge to determine if Ms. Angove’s company could be
separated from all other temporary customers regarding application
of this charge; they were unable to find justification for excluding
this particular company. He added that staff was recommending the
charge stand. It was the consensus of the Board to agree with
staff’s recommendation.
GENERAL MANAGER: Mr. Perry stated he received formal
notice that Lakehaven will receive a $2.4M loan next May from the
Public Works Trust Fund Board for the Redondo Wastewater Treatment
Plant Outfall Project. The Public Works Trust Fund (PWTF) loan
contract should be sent very soon after the Legislature provides
their approval in April or May of 2006. He added the District can
expect to receive 15% of the gross amount for signing the contract
quickly. The remainder of the funds will be in the form of progress
payments as the project is constructed. Mr. Perry also reported the
loan encompassed funding for the predesign and permitting for the
Redondo Wastewater Treatment Plant Outfall Project. He noted that
the contract with Cosmopolitan Engineering was approved the prior
month. He added that he had requested an updated schedule for the
final report on the studies, etc. that were developed for the
project evaluating the outfall location and depth and had been told
it should be ready soon with the exception of the information that
would be provided by the Corps of Engineers, as their review could
take up to two years. Mr. Perry went on to report that installation
will be performed no later than in 2008 if the Corps of Engineers
takes two years and the District has four years in which to
construct the project using Public Works Trust Fund monies. He
briefly discussed, among other things, testing that will be done on
the outfall.
EXECUTIVE SESSION
At approximately 7:35 p.m., the regular meeting was recessed for the
purpose of discussing a personnel matter, pending litigation, two
grievances and collective bargaining. It was expected that the Executive
Session would last no later than 9:00 p.m. At approximately 8:50 p.m.,
the Executive Session was adjourned and the regular meeting was
reconvened.
Upon motion of Commissioner Tweddle, which was duly seconded by
Commissioner Jovanovich, the Board unanimously approved amending
the agenda to add the following Action Items:
#56, Step Four Grievance – Work Schedule (4-10’s) for Field Staff;
Response
#57, Step Four Grievance - Favoritism; Response
#58, Schneider Homes Settlement
#56, Step Four Grievance – Work Schedule (4-10’s) for Field Staff;
Response: Upon motion of Commissioner Mayer, which was duly seconded
by Commissioner Jovanovich, the Board unanimously agreed to have
no objections to staff working a four day, ten hour shift, subject to
the General Manager’s approval.
#57, Step Four Grievance - Favoritism; Response: Upon motion
of Commissioner Mayer, which was duly seconded by Commissioner Tweddle,
the Board unanimously agreed to direct the Personnel Committee to
study the District’s current Nepotism Policy and bring recommendations
to the Board for consideration, if appropriate.
#58, Schneider Homes Settlement: Upon motion of Commissioner
Miller, which was duly seconded by Commissioner Tweddle, the Board
unanimously approved the settlement amount of $25,035 as
recommended by staff.
The Board discussed the letter they had received from the IUOE
Bargaining unit recently regarding the “no confidence” vote in Mr.
Perry. It was the consensus of the Board that due to the lack of
definitive items, the Board felt the letter in question has no basis for
action by the Board of Commissioners.
At that point, Commissioner Miller reported he had recently attended
an exit conference for Erik Betts, at Mr. Betts’ request. Mr. Betts had
worked as an Operator I at the Redondo Wastewater Treatment Plant.
Commissioner Miller briefly reviewed the points that were discussed in
the exit interview and suggested the District’s education policy be
supported and amended if necessary to reflect employees’ needs.
ADJOURNMENT
There being no further business to come before the Board, the meeting
was adjourned at approximately 9:00 p.m. |
