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LAKEHAVEN UTILITY DISTRICT
King County, Washington

REGULAR BUSINESS MEETING
October 27, 200
5

A regular meeting of the Board of Commissioners of the Lakehaven Utility District, King County, Washington, was held on October 27, 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
Dick Mayer - Commissioner
Don Perry - General Manager
Bert Ross - Engineering Manager
Steve Pritchett - General Counsel
Morgan Dennis - Director of Finance/Information System

APPROVAL OF MINUTES

Upon motion of Commissioner Miller, which was duly seconded by Commissioner Tweddle, the Board unanimously approved the minutes of the October 13, 2005 Board meeting as submitted.

APPROVAL OF AGENDA

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

  1. Add Personnel Discussion to Executive Session

CITIZENS COMMENTS

President Stewart stated he had been asked to delay Citizens Comments until 7 p.m. as there were some citizens who planned to attend the meeting to speak to the Board and were unable to arrive until around that time.

CONSENT ITEMS

  1. Accounts Payable Vouchers and Payroll Transactions Approval: Warrant dates of 10-17-05, 10-18-05, 10-21-05, 10-27-05, 10-28-05 and 10-31-05
  2. Second Supply Project – Receipt of Fluoridated Water, Resolution No. 2005-1053

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

ACTION ITEMS

#61, Site Lease Agreements: Set Public Hearing on Use Leases: Mr. Pritchett began by stating the purpose of this item was to establish a date for a public hearing for both items. It also provides the Board an opportunity to evaluate the lease agreements and hear public comments.

Upon motion of Commissioner Tweddle, which was duly seconded by Commissioner Miller, the Board unanimously approved scheduling a public hearing to be held on November 10, 2005 at 6:30 p.m. for the purpose of hearing public testimony relating to site lease agreements with Cingular Wireless, located at the Tank 4 property at South 310th Street and 8th Avenue and Clearwire Wireless (WiFi), located at South 302nd Street and 56th Avenue South.

#62, Nepotism Policy: Mr. Pritchett stated this item was discussed at the last Board meeting. He added the revised policy doesn’t necessarily prohibit, the hiring of relatives, but regulates it to ensure that employment decisions are made in a fair way based on qualifications and performance. He referred the Board to several places in the policy where this was referenced.

For purposes of discussion, Commissioner Mayer made a motion to adopt the revised Nepotism Policy, to which Commissioner Tweddle seconded.

Commissioner Stewart was the first to express his concerns with the policy, which prompted a discussion. During the discussion, Commissioner Miller also voiced his concerns. Mr. Pritchett pointed out that the purpose of the policy was to ensure that hiring and promoting staff is based on abilities and qualifications, and for no other reason. The discussion continued for a time, after which the question was called for.

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Tweddle, the Board, with Commissioners Mayer, Tweddle and Jovanovich voting in the affirmative and Commissioners Miller and Stewart voting in the negative, approved the revised Nepotism Policy #602-01.

#63, Preliminary Engineering Services for Lakehaven on City of Federal Way Projects; Interlocal Agreement: Mr. Ross stated this issue was discussed a few months ago with plans to improve the intersection at 1st Way South and South 336th Street. During that project, it was discovered that a water main had to be relocated, which required District crews to perform the relocation work, due to insufficient time to incorporate the work into the City’s construction contract. Mr. Ross went on to state that since these types of smaller projects will continue to occur, staff from the District and City had met to attempt to find a resolution to the problem. An interlocal agreement was developed that would address the provision of preliminary engineering services for these small projects, which should resolve the issue. The agreement provides for the District approving or disapproving the services. A copy of the proposed agreement was provided for the Board to review; Mr. Ross indicated that this particular agreement had an ending date of 12-31-05. A discussion followed with questions and answers being provided and suggestions being made. Subsequent to the discussion, the Board considered the question.

Upon motion of Commissioner Mayer, which was duly seconded by Commissioner Tweddle, the Board unanimously approved the Interlocal Agreement for Preliminary Engineering Services for water and sewer facilities on City of Federal Way projects and authorized the General Manager to execute the agreement on behalf of the District.

INFORMATION ITEMS

#1, Customer Bill Printing Alternatives: Mr. Dennis stated that this topic had been discussed at a Board meeting the prior month. The original cost comparison at the meeting in September listed two alternatives to the existing system, which were replacement of the existing equipment and completely outsourcing the printing of the utility bills. After analyzing these alternatives, staff determined that replacement of the existing equipment does not appear to be a viable alternative. Mr. Dennis referred the Board to a cost comparison that was included in the agenda packets and went on to state the reasons why he felt the second alternative was the best. He added that he had been asked if other utilities outsourced their bill printing and it was discovered that a number of other agencies retained the services of a local company, “Data Bar” of Edgewood, Washington for this purpose. Mr. Dennis then stated that this company had not submitted a proposal as they were unaware that the proposal had been advertised. A discussion followed as the best way to proceed. At the conclusion of the discussion, it was the consensus of the Board to direct staff to send out the proposal once again and then determine the next steps to take.

#2, Unit 14 Replacement: Gene Yoder, the District’s Field Operations Manager, presented this item. He explained that funds were budgeted in 2005 to purchase a vehicle to replace Unit #14, which was a 2 ˝ ton water service truck. Staff developed specifications for the vehicle and sent letters to five manufacturers, of which only two responded. He stated there was a large variance in the prices that were quoted from the respondents and, as a result, staff was recommending the Board consider rejecting all bids due to this. Mr. Yoder went on to explain the different enhancements that staff wanted to add to the vehicle. It was noted that a representative from one of the bidders was present to address the Board. Mr. Eckenrude, a representative from the Husky Truck Center in Seattle and one of the respondents, then spoke to the Board and stated he had not been the low bidder on the entire package as it was broken out into several components. He went on to provide the Board with information he felt was important to help them make their decision. The Board then discussed this issue to determine the best way to proceed. Mr. Yoder stated staff asked for a “turn key” bid and did not provide an opportunity to have the vehicle and the different enhancements to be bid separately so as not to split responsibility for malfunctions among different vendors. Subsequent to the discussion, it was the consensus of the Board to direct Mr. Yoder and Mr. Pritchett to work together on this item and bring it back to the Board at a later date for further consideration. The Board thanked Mr. Yoder as well as Mr. Eckenrude for their efforts.

#3, Backflow Prevention Devices Customer Information Letter: Mr. Yoder was the lead on this item as well. He stated the item had been presented to the Board in September to provide for discussion of a concern that Field Operations Staff had with the potential of sewage back-flowing into homes and business. A draft letter was discussed at that time; the purpose of the letter was to inform customers of the potential of a sewage overflow, due to the location of their sewer connection. Mr. Yoder went on to state that the letters would be handed out to homeowners one at a time as staff saw the need. He stated he had been asked if there was any relevant information about this situation in the Uniform Plumbing Code and went on to state that portion of the code that supports the requirements had been noted in the letter. The Board thanked Mr. Yoder for his work on this item.

#4, Uniforms: Mr. Yoder stated that in response to the Board’s concern for uniform services, this information item was developed to provide for a discussion of the issue. Money was budgeted for the installation of washers and dryers at the Lakota Wastewater Treatment Plant and the Water Operations Facility. A cost benefit analysis was then conducted which indicated that it would be less expensive to contract for this service than manage uniforms internally. Mr. Yoder then stated that staff would be going out to bid at the end of this year for a contract and added the Board will be provided that information once it is obtained.

#5, Second Supply Project Water – Customer Notification: John Bowman, the District’s Water Manager/Special Projects Manager, began by stating the Second Supply Project water was now available for use. Staff is planning to begin testing flow control facilities with Tacoma’s pipeline on November 1st and anticipated to officially begin accepting water on November 14th. A special customer notification postcard will be sent out on November 4th to inform District customers of the change in the water source. In addition, staff intends to send out a press release to the media prior to the official entry of the water and also provide information on the District’s website. Mr. Bowman stated the draft postcard and press release were included in the agenda packets for the Board to review. The Board thanked Mr. Bowman for the information.

Due to the lateness of the hour and the number of items left on the agenda that were necessary to be discussed at this meeting, Commissioner Mayer made a motion to defer Information #7, Developer Extension Status Report, to a future meeting. Commissioner Tweddle seconded the motion and the Board unanimously approved deferring Information #7, Developer Extension Status Report.

The citizens that wished to speak to the Board had arrived at this point. Commissioner Stewart then called for Citizens Comments.

CITIZENS COMMENTS

As the topic of the comments was based on a proposed sewer installation project for the residents of the Adelaide Beach area, Mr. Ross reported there was an item in his staff report that would provide a lead-in to the issue at hand. He then distributed supplemental information related to the communication summary as well as several letters. Ms. Oliver spoke first and stated her group was looking for direction from the District. Mr. Ross referred the Board to a portion of his staff report relative to the issue. He reviewed different locations on the maps of the location where the sewer mainlines might be installed. A discussion then followed as to the pros and cons of each. Mr. Ross also explained how the side sewer services and grinder pumps would work. This is a unique situation, due to the extreme differences in elevations in the area. Mr. Ross went on to state staff would be recommending that the Board amend the Comprehensive Sewer System Plan to provide sewer service to the area using the design criteria discussed. He went on to explain what the amendment to the comprehensive plan would accomplish. Also discussed was the necessity for an easement in order to move forward with the project. During the discussion, Mr. Pritchett offered to pursue the easement issue. Subsequent to the discussion, it was consensus of the Board to direct staff to pursue developing an amendment to the Comprehensive Sewer System Plan as well as obtaining an easement as discussed in order to assist the property owners to be successful with their project. The Board thanked both staff and the property owners for their work on this proposed project.

#6, Utility Billing System Replacement: Mr. Dennis stated that this item had been previewed at the last meeting during his staff report. He noted that while there are no equipment issues at this time, the reason for bringing this item to the Board at this meeting was to inform the Board that if the District commits to purchasing the new utility billing program now, the vendor will discount the cost of the product by 15%. Mr. Dennis went on to state he would like to begin implementation next spring or summer and explained his reasons. He stated the current system was not fully designed for such a large entity as Lakehaven, when it was purchased and the newer version is more complete and has been targeted for larger entities, such as the District. He noted the new version has been installed in some agencies and seems to be working well. He noted there are some limitations with the current system and briefly reviewed some of them. He stated staff needs to be able to provide the best level of customer service as is possible as well as be able to interface with the other systems that the District is implementing. In response to a question, Jean Gardiner, the Manager of Customer Services, indicated the new system would be very beneficial to her staff. A discussion followed and Mr. Dennis offered to provide additional information to the Board at the next meeting to facilitate their consideration of this item. Subsequent to the discussion, the Board thanked Mr. Dennis for his presentation.

COMMITTEE REPORTS/COMMISSIONER COMMENTS

Commissioner Stewart reported he had recently attended neighborhood meetings with residents relating to low pressure sewer systems. There was an informal gathering with residents in the Northlake area as well as a meeting with the residents in the Lakota Beach area. He noted several things that were unclear to him relative to issues discussed at those meetings and added he would like the District to be able to provide the parties with definitive answers and solid recommendations. Mr. Ross responded to the points that Commissioner Stewart brought forth and a discussion followed regarding alternatives. Commissioner Jovanovich commented that he felt the District should be more pro-active in these two projects as well as others and a discussion followed in response to his comments. Commissioner Miller next reported that he would be attending the annual WefTec Conference in Washington, D.C. He added he hoped to bring back useful information to assist Lakehaven staff in the performance of their jobs.

STAFF REPORTS

GENERAL COUNSEL: Mr. Pritchett reported he and Mr. Dennis had met with Ed Cebron of FCSG regarding the District’s CFC model and added Mr. Cebron would be making a presentation to the Board in the near future. He added he felt fortunate to have Mr. Cebron on Board as Mr. Cebron was one of the leading financial analysts for water and sewer rate making. He added he had recently attended a conference sponsored by the Washington State Association of Municipal Attorneys and added there was an extensive discussion relative to issues surrounding public records requests. He referred to a court case that directly related to this issue. He next reported he had spoken to the attorney representing the Lloyd Development, who had indicated his appreciation for the District’s intent to move forward with the project.

ENGINEERING MANAGER: Mr. Ross reported that quite a few people were present at the recent meeting with the residents of the North Lake neighborhood. He went on to report that staff had provided three alternatives for pricing the cost for installation of sewers in their area. They were also given the results of the survey which were less than favorable. Mr. Ross noted the plan was to focus on certain smaller areas within the neighborhood. Commissioner Tweddle added that she felt it had been a congenial meeting. Mr. Ross went on to report that a pump vendor had attended the meeting of the Lakota Beach residents and had brought along a demonstration pump for the attendees to view, which he felt had been very helpful. He added that he felt the meeting had been very helpful, even though all the questions had not been answered. Mr. Ross added that Mr. Burton, the person who was spearheading the Marine Hills Sewer project was also in attendance at that meeting; he proposed joining the residents of the Lakota Beach neighborhood in purchasing pumps. Lastly, he stated staff hoped to send out letters to the Lakota Beach residents in a few weeks notifying them that the District would begin accepting side sewer applications.

Mr. Ross reported that he and Wes Hill, the District’s Development Engineer/Manager of Development Services, had recently attended the City of Federal Way’s Annual Permitting Stake Holders meeting. He stated that concerns were expressed as to why Lakehaven was not providing staff in the City’s Development Review Committee meetings. Mr. Ross stated he had explained the reason for this. Commissioner Tweddle stated that at the last City/District Liaison Committee meeting the issue of District staff not attending these meetings with City staff as they had done in the past was discussed. She went on to state the City’s representatives had been assured this past practice would be reactivated as soon as possible. Mr. Ross responded that he intended to resume attendance at these meetings if and when the building activity slows; he stated his staff processed 25% more applications this year than at the same time last year. Commissioner Tweddle stated the Board continued to hear that this was a workload issue and asked Mr. Ross if he had discussed this with Mr. Perry. A discussion followed relative to this issue and suggestions were considered as to how to proceed that would be in the best interest of the District and the public as well.

GENERAL MANAGER: Mr. Perry stated that Mr. Hill intended to bring some suggestions to the Board during the Developer Extension Status Report now postponed, about restructuring how business is done in his area to free up staff time and, at the same time, ensuring that staff receives better quality water and sewer construction plans to begin with.

At that point Jerry Bergman, a District rate payer, thanked the Board for an enjoyable meeting.

Upon motion of Commissioner Tweddle, which was duly seconded by Commissioner Jovanovich, the Board, with Commissioners Tweddle, Jovanovich and Miller voting in the affirmative, and Commissioner Mayer voting in the negative, approved extending the length of the Board meeting to 9:30 p.m.

EXECUTIVE SESSION

At approximately 8:50 p.m., the regular session was recessed in order to conduct an Executive Session for the purpose of discussing Potential Litigation and a Personnel issue. A Closed Session for discussing negotiations in Collective Bargaining would also occur. It was stated that the Executive Session and Closed Sessions would be adjourned by 9:30 p.m. At approximately 9:29 p.m., the Executive and Closed Sessions were adjourned and the regular meeting was reconvened.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at approximately 9:30 p.m.