Apr 5, 2012 Minutes

Lake Wenatchee Water District

Commissioners Meeting

April 5th, 2012

at Station 9 Fire House

 

Commissioners  Present :     Secretary ~ Landis Bohn, Commissioner ~ Bruce Harris

Commissioners Absent:      Paul Shielke (resigning)

Staff Present:   Clerk ~ Karen Dickinson

Consultants Present: Steve Nelson from RH2, Dan Bannier from RCAC, legal counsel Mark Peterson,

Guests Present: Barbara Harris, Bonnie Klasell, JoAnne Burke, Irene Miller, Dwight Burke, Mike Dickinson

 

Commissioner Harris opened the meeting at 10:00 and acknowledged a quarum exists with just the two Commissioners present.

Commissioners signed vouchers, payroll, and the minutes from March 22nd meeting.

Commissioner Vacancy

Commissioner Harris read Paul Shielke’s letter of resignation, dated March 23rd, into the record. (see attached) Commissioner Harris related that emails had gone out to as many members of the District as could be reached, informing them of Paul Shielke’s resignation and the need for a new Commissioner. There were no candidates either volunteering or nominated. Bonnie Klasell is a legal, though part time, resident. Mark Peterson says since she votes here, and her driver’s license is here, that she is qualified to be a candidate for Commissioner. The Commissioners agreed to vote at the end of the meeting.

Spring Source vs. Wells

Commissioner Harris made a motion to approve his written motion (from last meeting) where in the District resolves to abandon attempts to incorporate the spring as a primary water source at this time, and instead to follow the Comp Plan as it was written. Commissioner Bohn seconded it, so it was unanimously approved.

Commissioner Bohn asked Dan Bannier about the odds of getting funding for spring development. Dan was not optimistic given our communities median income levels.

Well Search

Steve Nelson from RH2 passed out maps of wells in the District. He suggests the District contact well owners to assess their willingness to allow the District to use their well. If we get a preliminary OK from a well owner, then RH2 will test the well. Depending on the test findings, the District will then enter into final negotiations with the well owner.

Dan Bannier asked how we test potential wells. Steve gave technical answer involving things like draw down, etc. Then Dan asked how the water rights work, and Mark Peterson said that shouldn’t be a problem since we would just be shifting points of withdrawal within the District boundaries.

Next step: Steve Nelson will create a letter relating the District’s needs, explaining how owner involvement might look, and how testing would happen. The Commissioners will then be in charge of contacting potential well owner(s). Finally, depending on the response from the owners and the subsequent well testing, the Commissioners will be in charge of final negotiations with owner(s).

Bonnie Klasell asked how the Mountain Park well figures in. Steve recommended it be included in the well search process. Commissioner Harris will contact Byron Dickinson for suggestions of wells to consider in the Mountain Park area.

(Steve Nelson departed.)

Water Line Replacement

Commissioner Bohn asked about the Whispering Pines line replacement being in Phase 2, except for Maple Drive. There appears to be a major loss of water that needs addressing. Bonnie Klasell related that Brown Road also has leaks. It was agreed the Commissioners would talk to Karen K. from RH2 at the next meeting.

Transfer Agreements

Commissioner Harris asked legal counsel Mark Peterson about transfer agreements. Mark said we start with the MOUs, and asked that Clerk Dickinson email copies to everyone. We then need to sort out easements, water rights, and wells/pipes/pumps etc.  There ensued much discussion of easements.

Bonnie Klasell and Irene Miller asked if the Brown Road MOU can be amended to specifically return the old pipe line to Brown Road Irrigation. Mark said that shouldn’t be a problem.

Commissioners agreed we need to have an operator, and administrative structures (billing and such) in place and running smoothly before we do the legal transfer.

Bonnie Klasell asked if Brown Road should remove the “opt out” names from their transfer documents. Mark Peterson agreed it would be best to remove the names before the transfer.

 

Insurance

Dwight Burke (ex-Commissioner still kindly volunteering his services)  gave a report on LWWD insurance. Currently, LWWD has:

1.)   Director and Officer liability for Commissioners – $10mil w/ $1K deductible

2.)   Computer/records/furniture, etc – $25K

3.)   Employee Dishonestly – $25K

Our renewal is coming up Sept 1st, and the preparation packet needs to go out by April 15th. (Dwight prepared the packet and gave it to Clerk for copies and mailing.) We are working with a Managing General Agreement with Cities Insurance. They need time to shop our requirements. Kim Stevens is our underwriter at Cities Insurance. Her rough guess on what our insurance will run is somewhere between $4K to $9K a year.

Another insurance point is that we need to get certificates of insurance from all our vendors. Ideally, we are named as an additional insured.

As we move towards official transfers from the Associations, we need to gather their insurance policies to see what they include.

There ensued much discussion of insurance costs vs. LWWD risks. Dwight recommend buying as much insurance as LWWD can afford. Commissioner Harris is leary of over-insuring. Barbara Harris asked if we would need so much insurance once we’ve completed build out of the new system. Dwight said we have some protection from law suits due to being a non-profit. Clerk Dickinson asked if there isn’t cheaper, industry sponsored insurance. Dan Bannier said he would check with industry associations.

Dwight explained that we need to be careful about “claims made” coverage. As the Associations join the District, either their insurance policies continue to cover claims that might arise from the periods they were insured (“extended reporting endorsement”), or else LWWD needs to make its new policy cover those possible claims.

Dwight agreed to be identified as the official insurance advisor representative.

PUD

Commissioner Harris reported on meeting with PUD: PUD and RH2 seem to be good with communicating directly with each other, without LWWD oversight. Depending on what LWWD does with pipe replacement, PUD might drop fiber in the ditches when they are open. They won’t decide until summer, but in the meanwhile, LWWD needs to keep PUD in the loop. RH2 will take care of that.

Forest Service

Clerk Dickinson will contact Paul Shielke to pick up any LWWD materials he might have, particularly any docs or info related to his contacts with the Forest Service. Commissioner Harris will take over liaison with FS.

Vacant Commissioner Seat

Commissioner Bohn motioned for Bonnie Klasell to be appointed in place of resigning Commissioner Shielke. Commissioner Harris seconded the appointment, and so it was passed unanimously. She will be sworn in at the next meeting.

Time Constraints

Commissioner Harris points out we have to much going on to meet for only two hours twice a month. He suggests expanding the meeting to 1:00 each time. Commissioner-elect Klasell agreed. Clerk Dickinson will contact Fire Station for permission to hold longer meetings.

 

Next Meeting

Postponed due to time constraints:

  • Job advertising (though Clerk Dickinson is instructed to go ahead and post the Small Works Roster ad.)
  • Administrative and budget review

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Meeting adjourned at 12:30