Lake Wenatchee Water District

Commissioners Meeting Minutes

March 15th, 2012

at Station 9 Fire House

 

Commissioners  Present :     President ~ Paul Schielke, Secretary ~ Landis Bohn,

Commissioner ~ Bruce Harris

Staff Present:   Clerk ~ Karen Dickinson

Consultants Present: Dan Bannier of RCAC

Guests Present: Barbara Harris, Bonnie and John Klasell, JoAnne Burke, Mike Dickinson

 

Commissioner Shielke called the meeting to order at 10:00am

The agenda was immediately revised due to inclement weather and the subsequent absence of  Steve from RH2, who was to share information on well siting and spring reclamation. Also absent was legal counsel Mark Peterson. It was agreed to continue the meeting next week, March 22nd when the missing parties could attend.

Transfer Documents:

Shielke said there was general agreement amongst the Commissioners that Mark Peterson should handle the creation of all the transfer documents to finalize the transfer of the individual associations to the district. It should be cheaper and more efficient to do them all at once, and then let the associations review the documents with their own counsel, should they wish.

Dan Bannier has a template for merger agreements/transfer documents that he can send as a sample for Mark to follow. It is hoped this might save some legal bills.

Dan Bannier said that Karen K. from RH2 will handle the water rights transfers w/ the DOE in Yakima, and doesn’t believe there will be any problem with the transfers.

LWWD will need some research at Chelan County to find easement records. Commissioners agree to discuss at March 22 special meeting.

Conflict of Interest:

Mark Peterson’s gave an opinion (via email) that the Commissioners were not in a position of conflict as they do not stand to personally gain monetarily from any of the District’s transactions. He also advised that Commissioners be careful to advise the other Commissioners any time there might be an element of personal gain.

WPWU Lots with no Service:

Bruce is working with the DOH on this with the DOH and is waiting for a response from Mike Wilson. Commissioners are optimistic it can be resolved.

Transfer Process:

1. 1.     LWWD needs to coordinate with PUD. Commissioner Schielke sent Pat @ PUD a map and has started the process.
2. 2.     LWWD needs to coordinate with Chelan County Public Works. Commissioner Harris has sent Mitch at Public Works a packet of info the get the franchise agreement started up. This agreement says LWWD will comply with Public Works specifications for road construction, etc. As long as it is working on a public right of way or easement, LWWD must adhere to the County guidelines.

Commissioner Shielke asked Dan Bannier if he could assist in negotiating those specifications with Public Works. Commissioner Harris said he will try to get the spec so LWWD & Bannier can review.

Joanne Burke asked how the easement about Whispering Pine will be handled. Commissioners answered they don’t know yet because they haven’t resolved the well vs spring question yet, and other planning all comes from that.

Bruce suggests asking RH2 to give LWWD a report on which assets needing to be transferred from each association will actually be used in the new Comp Plan.

Bonnie Klasell says we need to clarify that the concrete holding tank stays with Brown Road Irrigation. Bonnie says she will present a transfer list for BRWU. Also, she asked if BRWU need to rewrite their MOU since not all of their members are joining the District. Commissioners said no, because it is the District which is allowing those members to withdraw.

Spring vs Well:

Commissioner Schielke says he is determined to preserve the spring source and that he will continue to fight for it. He points out that although the estimates from RH2 to reclaim the spring source are high, that the cost of a well is high when you consider the electricity to pump the well over 20 years.

Commissioner Harris says he has talked at length to Karen K. at RH2 and Bruce now supports the well given the financial data. LWWD needs a third source of water immediately and RH2 can’t move on with the project until the Commissioners make a decision. Since RH2 is already falling behind schedule, Karen K said RH2 could pursue both approached simultaneously. The down side to this is the money the District would have to pay RH2 to do this.

Commissioner Harris also said Mike Wilson from the DOH hasn’t been encouraging regarding the spring. He says LWWD could spend big buck and get nothing. Commissioner Harris related that Karen K from RH2 said the District could keep the spring option open as an emergency water source, and perhaps up grade it to a primary water source in the future.

Commissioner Bohn asked how much money had already been spent in consulting fees regarding the spring source. Clerk Dickinson did not know, but offered to tally it and report back. Commissioner Bohn motioned for no more funds to be expended exploring the spring option at this time. No seconds.

Commissioner Schielke asked to see well costs before making a final decision. He also wants to send Steve, the geologist from RH2, up to see the spring source.

Commissioner Bohn again moved to officially return to the Comp Plan as written, but to not actually drill wells until Steve had a chance to inspect the spring site. No second.

Barbara Harris  points out that the spirit of the WPWUA MOU is honored if the spring source is reserved as a future option.

Commissioner Schielke moved to table the spring vs well discussion until the March 22^nd special session. Commissioner Harris seconded, and it was unanimously agreed.

Administrative Business:

Clerk Dickinson reported the office move has been completed. LWWD is now located at 17201 N. Shore Drive, Lake Wenatchee WA 98826.  The office phone # is 509 679-1353.

Commissioner Harris moved to officially change the address. Commissioners unanimously agreed.

Commissioner Harris asked Clerk to continue with the new practice of emailing minutes to the Commissioners as soon after the meetings as possible. Clerk agreed and suggested the minutes should also be forwarded to the Association Head, and all LWWD consultants such as RH2, Peterson and Bannier. Commissioners unanimously agreed. Clerk also suggested posting approved minutes on the web site, but was concerned about Commissioner approval for what should go on the web site. Paul Schielke moved, and it was unanimously agreed that Clerk Dickinsons should just put up a simple web site immediately, using the Whispering Pines site as an example.

Clerk Dickinson then announced the first draw of $31,129.04 from the DWSRF grant/loan is in the LWWD account at Chelan County. Clerk then presented a stack of overdue vouchers to be signed for payment.

This brought up the need to resolve the terms of Clerk Dickinson’s employment with LWWD. As it was the Commissioners’ and the Clerk’s wish to move to an independent contractor relationship, Clerk presented the Commissioners with an invoice for her services for the months of January and February, 2012. (33.5 hours at $25./hour for a total of $837.50) Commissioner Bohn stated that when LWWD pays L&I and other employee costs, the rate of $15./hr remains in place until the position of clerk is changed to a independent contractor position. Commissioner Harris asked Clerk Dickinson to draft a contact, retroactive to March 1^st, and present it at the March 22^nd meeting.

Commissioner Harris then motioned that potential operators be informed of available positions at the April 5 Commissioners meeting. He also suggested that Clerk Dickinson write up a contract, date it March 1^st, and present it at the next meeting, March 22^nd.

Dan Bannier then gave advice on managing Independent Contractors and their performance and costs. He is willing to serve as a 3^rd party consultant in such matters.

Clerk Dickinson expressed frustration at the continuing delay on a decision regarding her employment with LWWD, and asked if whatever decision was made at the next meeting would be retroactive to when discussions began in January. Commissioner Bohn said no, you remain a $15./hr employee, but Harris and Shielke began to discuss other options. At that point, Commissioner Bohn left the meeting and did not return. As he was departing, Commissioner Harris called out that the meeting was not over yet, but Bohn did not respond. Commissioner Shielke pointed out that there was still a quorum and suggested they continue.

There followed a discussion of how hard it was to find Commissioners since it’s an entirely volunteer position and takes a lot of work and dedication to be done well. It was suggested LWWD should consider paying Commissioners the small amount allowed by law. Clerk Dickinson said she would look up the regulation and report at the next meeting.

Dan Bannier offered to send over some publications with advice on administering water systems.

There followed a discussion of the apparent absence of by-laws. If they were ever created, no one seems to have a copy any more. Clerk Dickinson said she would check at the Chelan County Auditors, and the Washington State Auditors offices to see if anything was ever recorded.

Clerk Dickinson related a problem at Cashmere Valley Bank where-in none of the current Commissioners nor the current clerk are signers on the Imprest bank account there. This had forced Dickinson to pay for LWWD supplies with her own funds, (for which she will be reimbursed.) Commissioner Schielke motioned for all Commissioner, and Clerk Dickinson to become signers on the account, and for the previous names to be removed as signers. Commissioner Harris seconded the motion and it was unanimously approved.

Commissioner Harris (& Dan Bannier) asked for Clerk Dickinson to email him a complete list of LWWD constituents. Dickinson agreed.

Next Meeting Agenda:

March 22^nd – Commissioner Paul Schielke tabled today’s meeting, and the clerk discussion, until then. After the continuation of the regular Commissioners meeting on March22nd, there will also be a Special Meeting to discuss well vs. spring sources with Steve from RH2, and contractor options with Karen K. from RH2.

April 5^th – RFPs from operators. Mark Peterson invited to attend.

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