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LAKEHAVEN UTILITY DISTRICT
King County, Washington

REGULAR BUSINESS MEETING
September 8, 200
5

A regular meeting of the Board of Commissioners of the Lakehaven Utility District, King County, Washington, was held on September 8, 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 Tweddle 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
Don Perry - General Manager
Steve Pritchett - General Counsel
Bert Ross - Engineering Manager
Morgan Dennis - Director of Finance/Information System

Upon motion of Commissioner Miller, which was duly seconded by Commissioner Tweddle, the Board unanimously excused Commissioner Mayer from the meeting as he was out of town.

APPROVAL OF MINUTES

Upon motion of Commissioner Jovanovich, which was duly seconded by Commissioner Miller, the Board unanimously approved the minutes of the August 25, 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.

CITIZENS COMMENTS

Commissioner Stewart asked for comments from the public on topics other than the Lakota Beach Sewer project. Edith Lemieux, the District’s Tech. III/Accounting Coordinator, asked the Board to consider allowing employees to buy back a portion of their vacation accrual to be donated to the Hurricane Katrina Relief Fund. Mr. Pritchett suggested that this topic be addressed by the Personnel Committee. Commissioner Miller thanked Ms. Lemieux for her suggestion.

CORRESPONDENCE

Commissioner Tweddle mentioned some correspondence the Board received from Mr. and Mrs. Charles Larson from the Lakota Beach area who were unable to attend the meeting. In addition, the Board also received a letter from Patty Hines; both letters were in support of the Lakota Beach Sewer Project moving forward. Commissioner Miller also mentioned a letter the Board had recently received with multiple signatures that were in support of the project.

CONSENT ITEMS

  1. Accounts Payable Vouchers and Payroll Transactions Approval: Warrant dates of 8/31/05 and 9/9/05.

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

ACTION ITEMS

#59, Lakota Beach Sewer Project – Sewer Survey Results and Construction Bids: Mr. Ross reviewed that during the meeting of August 11, 2005, the Board had directed staff to conduct a survey to the owners of property deemed benefited by the project, which was completed. He added that 76% of the surveys that were sent out had been mailed back to the District. In addition, over 50% of the responses had expressed support of the project. Mr. Ross then introduced Ken Canfield, the District’s Temporary Engineer and project manager for this project, to explain the project in more detail. Mr. Canfield began by announcing that the apparent low bidder was Wiseman Utilities, Inc. and added that the contractor was prepared to move forward and that references were good. He went on to explain some of the details of the project. Subsequent to this discussion, Commissioner Stewart opened the meeting up for public comment. Those comments are as follows:

Carole Sobatka, 30213 33rd Avenue SW. Mrs. Sobatka congratulated the Board for making the decision and added that this area has been in need of sewers for a very long time.

Barbara Bradshaw, 30205 33rd Avenue SW. She stated the residents in the area had been working on this project for a long time; they not only wanted sewers – they needed them.

Nichole England. She stated it has been a dream for her to be able to build her home in the Lakota Beach area and added the Board has provided the hope for that.

Steve Fly, 2847 SW 302nd Place. Mr. Fly stated he would like to see some type of information be provided to those who chose not to connect to the new sewer system at this time. He went on to explain that he would like to have some idea as to the costs for those who decide to connect to the sewer system at some time in the future. Mr. Perry addressed his issues and answered his questions. He added the property owner had the ability to pay the “fair share” cost of the system up-front, even if not immediately connecting, which would avoid paying interest. Mr. Perry also stated that the Capital Facilities Charges vary from year to year, depending on the Capital Improvement Programs. The conversation continued for a time as Mr. Fly had additional questions. Mr. Perry stated he felt that a notification letter to all property owners would be useful as there are probably others who have the same issues. Subsequent to the discussion, the Board considered this item.

Upon motion of Commissioner Tweddle, which was duly seconded by Commissioner Miller, the Board unanimously awarded the construction contract to the low re-bidder, Wiseman Utilities, Inc., in the amount of $271,834.62 for the Lakota Beach Sanitary Sewer Pressure System project and authorized the General Manager to execute the contract on behalf of the District. Mr. Perry noted that he had spoken to Commissioner Mayer who had indicated that he was also in favor of approving the contract. The Board thanked the property owners and District staff for the hard work they put into this project.

#60, 2005 – 2008 Liquid Chlorine Purchase Contract: Stan French, the District’s Water Quality/Production Engineer, began by stating that requests for bids were solicited from vendors that provide liquid chlorine and JCI Jones Chemicals had submitted the lowest bid. Mr. French added that the 5% bid bond that was submitted was $151 lower than it should have been. He added that the District has used this vendor for a number of years and he has been satisfied with the product they supply. He noted he was recommending this vendor and would ask that the Board consider approving the recommendation and waiving the bid bond error as a minor informality.

Upon motion of Commissioner Miller, which was seconded by Commissioner Tweddle, the Board, waiving the bid bond error as a minor informality, approved the 2005-2008 Liquid Chlorine Purchase Contract submitted by JCI Jones Chemicals, Inc., in the amount of $63,022.40, including sales tax, and authorized the General Manager to execute the contract on behalf of the District.

INFORMATION ITEMS

#1, Lloyd Development Property – Sewer Service: Mr. Pritchett stated the intent of this information item was to provide the Board with an overview of the status of this issue. He stated a dispute continues with Pierce County Utilities as to which agency would have jurisdiction to provide sewer service to the proposed development. He noted that during the last meeting that was held with the attorney for Lloyd’s and the Pierce County Prosecuting Attorney, the County appeared to be in agreement that Lakehaven would provide sewer service to the development in question. I was contemplated that Lakehaven would also serve the entire drainage basin in that area. Mr. Perry then met with engineers from the County and was told that they never intended to allow Lakehaven to provide sewer service to this area. The discussion continued for a time; subsequent to the discussion, it was determined that this item be brought to the Board at the next regularly scheduled meeting for further discussion. Mr. Pritchett noted that the Board should consider whether or not they want to pursue this issue as Pierce County seemed to be firm with the decision that was made.

#2, 2006 Budget Workshop: Mr. Dennis began the presentation by stating the discussion at this meeting would include an overview of the process to set the stage for future discussions. He noted the project timeline included three discussions with approval being scheduled for November. He stated he had been working with staff from Financial Consulting Solutions Group (FCSG); Ed Cebron had met with staff a few weeks ago to discuss the rate methodology and the Capital Facilities Charges (CFC) model. A presentation from Mr. Cebron was being scheduled for October at which time he would be discussing issues relating to these two items. Mr. Dennis went on to explain the five components that are addressed and modified every budget season. He stated that staffing levels feed into the Operations and Maintenance Budget. In addition, the Capital Improvement Projects and the Capital Facilities Charges change each year as well. After these four components have been addressed and modified, the last thing that is calculated is the rates. Mr. Dennis then moved forward and briefly discussed each component. He reported that while staffing levels remained at 103 full time equivalents, based on prior direction from the Board, a number of vacancies exist in both Operations and Administration. Mr. Dennis next explained the different items that are included in revenues and expenditures that make up the budget. He stated it was his wish to change the way the budget document looks and move towards budgeting a set amount to be spent on Capital Projects each year and provide a reserve fund for that amount. A review of the CFC’s was then conducted. It was noted that this item would be further reviewed by Mr. Cebron. Lastly, Mr. Dennis discussed the customer rate calculations. The calculation is divided into four types of customers and four types of costs. He briefly reviewed all of these and what these costs were based on.

Subsequent to the budget discussion, Commissioner Tweddle stated she had spoken to a representative of the local Federal Way National Little League baseball facility who had apparently been discussing CFC’s with District staff. This person indicated that the League was waiting for some type of response from the District before pursuing completion of the facility. A brief discussion followed and Mr. Perry indicated he would direct staff to pursue this issue.

The next Information Item was a tour of District water and sewer facilities. It was the consensus of the Board to hear Staff Reports prior to adjourning for the tour.

STAFF REPORTS

GENERAL COUNSEL: Mr. Pritchett reported that someone had expressed an interest in purchasing the surplus parcel adjacent to the 16th Avenue Tank Site property. He went on to explain the persons’ interest in the property and the amount that is being offered. A discussion followed as to the best way to proceed. Subsequent to the discussion, it was the consensus of the Board to place this item on the next regularly schedule Board meeting agenda for further discussion. Mr. Pritchett next referred to the current leases with Cingular Wireless and added they were attempting to negotiate a fourth lease. He went on to discuss the proposals being made to reduce rent in exchange for “rent guarantees”. Subsequent to this discussion, it was the consensus of the Board to remain status quo and not agree to rent reductions. Mr. Pritchett next reported he would be attending a conference on October 13th and would miss the Board meeting scheduled for that date. Lastly, he noted that he hoped the Personnel Committee would consider Ms. Lemieux’s request earlier in the evening for staff wishing to donate money representing a day of vacation leave to aid the victims of Hurricane Katrina.

DIRECTOR OF FINANCE AND INFORMATION SYSTEMS: Mr. Dennis reported that the State Auditors had arrived to audit the 2004 financial statements. He added he would be scheduling an Entrance Conference soon and invited any Board member wishing to attend to contact him. He added that if multiple Board members wished to attend, he would be glad to schedule more than one Entrance Conference.

ENGINEERING MANAGER: Mr. Ross reported that the North Beach Line project was now in the second phase and added it was on schedule. He then reported he received some information from Steve Edmiston, who resided in the affected area and was unhappy with the project. Consequently, some of the other residents in the area have also expressed concern with the project. Mr. Ross went on to explain the concerns that have been expressed by Mr. Edmiston, which prompted a discussion of this issue. It was noted during the discussion that it is very important that all the residents in an area where work will be performed be informed prior to the work beginning and during the process as well. Mr. Ross indicated that staff had been meeting with the consultant for this project and they are aware of the issues. He added that Mr. Edmiston had requested, and received, a fairly large packet of information and added staff would offer to meet with him after he has had time to review the information he received.

GENERAL MANAGER: Mr. Perry stated the North Beach Line project was on schedule to be completed in two weeks. He added that the contractor replaced the pipe with new pipe, due to corrosion of the existing pipe.

ADJOURNMENT

There being no further business to come before the Board, the Board and staff departed for a tour of District facilities. The tour concluded and the meeting was adjourned at approximately 8:20 p.m.