July 26, 2012 Minutes

   Lake Wenatchee Water District

   Commissioners Meeting

   July 26, 2012

   at Station 9 Fire House

Commissioners Present: President-Bruce Harris, VP-Bonnie Klasell, Secretary-Landis Bohn

Staff Present: Clerk Elaine Kinney

Professional: Mark Peterson (LWWD Attorney)

Guests Present: Cleve Borth, Barbara Harris, Jim Ratley, Sharen George, Kelly Craig (Notary), Rod Fountain

Commissioner Harris opened the meeting at 10 am and acknowledged a quorum existed

Commissioners approved and signed the minutes from 07/19/12

Transfer Documents

The four water associations signed the final transfer documents (WPWUA, BRWUA, LWWUA, Mountain Park Association) Kelly Craig offered her services and notarized all the signatures.  The documents will be recorded at the county. Lester Addition will be part of the District but they were not an association so they had nothing to transfer including a valid water right.  We now have water a district.  As of August 1st the District will be responsible for operation of all the associations.

Status of Wells

Mountain Park: Commissioner Bohn will contact Steve Tabor about using his well and will work with Sharen George to determine where her property is in relationship with the witched spot.

Brown Road: Brown Road Association will give Tumwater their water right so the test well can be drilled on the Dickinson property.

Other Resolutions

Commissioner Klasell proposed that the Forest Service properties receive the same letter regarding the upcoming assessments that all the other District customers got.  Commissioner Harris reviewed the letter and gave the OK to send it.

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Other Start up Concerns

Charlie Cruickshank, our operator is ready to go with operating all the areas.

Engineering Plan Status

Survey Status: Have not heard from Karen yet.

Brown Road Dirt section: Trying to find out who owns it.  It was decided to wait for the survey results.

Forest Service Permits: When 30% of the engineering is done, we can apply.

Engineering budget overrun: It was discussed and decided to meet with Randy at RH2

Resolutions, continued.

Barb Harris and Jim Ratley presented a revised LWWD Operation and Administrative Directive which lowers the late fee based on RCW regulations.  There was some discussion but it was tabled for now.

Meeting adjourned at 12:00 pm

                                                      July 19, 2012

                                                at Station 9 Fire House

Commissioners Present: President-Bruce Harris, VP-Bonnie Klasell, Secretary-Landis Bohn

Staff Present: Clerk-Elaine Kinney

Guest Experts: Dan Bannier & Mark Peterson

Guests Present:  Barbara Harris, Jim Ratley, Dwight Burke, Karen Dickinson, Charlie Cruickshank (operator), Rod Fountain, Mike and Norma Simon, Doug and Chrisy Lewis, Irv and Sunny Sonker, MJ and Vicky Griffith, Teresa Allnoch.

Commissioner Harris opened the meeting at 10 am and acknowledged a quorum existed.

Dan Bannier from Rural Community Assistance Corporation (RCAC) presented  a Powerpoint presentation discussing how water rates are determined.  The meat of the presentation is that first a budget is proposed and accepted by the Commissioners then from that the rates are set such that the district will have enough funds to pay the bills plus have a reserve amount which is required by the State.  The $39.00 base rate is a little on the low side but the Commissioners felt that we should start there which will pay the bills and maintain the reserve.  The average base rate for most districts is around $50.00.

The floor was then opened to the public for any questions they may have.  There were a few questions that were answered by either the commissioners, Mark Peterson (our Lawyer) or Dan Bannier.

One of the questions asked was if the district had to have a public meeting before raising rates.  Mark and Dan both answered that there is no requirement to do so but the Commissioners said that would probably would have a public meeting as a courtesy.

Commissioner Harris called for a short break.  Any of the guests that wanted to leave could.

Administrative

The regular district meeting started with the approval and signing of the minutes as presented for the July 12, 2012 Commissioners meeting.

Resolutions

Commissioner Harris motioned to adopt and sign the resolution to impose interim rate on district customers (719A), Commissioner Klasell seconded, passed unanimously.

Commissioner Klasell motioned to make Commissioner Bohn the decision person working with Tumwater Drilling and Rh2 to determine when to stop drilling if no water is found. Commissioner Harris seconded, passed unanimously.

Commissioner Harris motioned to accept the Resolution to enter into a contract with Tumwater Drilling to drill a test well on the Dickinson Brown Road property, Commissioner Bohn seconded, pass unanimously.

Startup Process

The commissioners reviewed the final transfer resolution.  There was one change designating Jim Ratley as Treasurer of WPWUA instead of Secretary/Treasurer.

The commissioners reviewed the Association easements and water right transfer documents. At the time of the meeting there is some doubt whether Lester Additions has a water right.  They have a water certificate.  Mark Peterson will do more work on the issue before the next meeting.  He will be able to attend the July 26, 2012 meeting for the signing of transfer documents.

Commissioner noted that the insurance negotiations are done.  We are waiting for our renewal.

There was much discussion with Mark Peterson regarding what the individual associations should do with regards to shutting down their operation.  Mark felt that rather than completely shut down to moth ball operation by continuing to pay the $10.00 license fee to the State.  Because of the insurance issue, he felt no more decisions should be made and the board for each association should disband.

Quickwater software: Commissioner Klasell pointed out that it has not arrived.  Clerk Kinney will contact them and get it resolved.
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Office move:  Everything has been moved except a file cabinet that is presently at Two Rivers.  It will be moved next week.

Water Testing: Charlie Cruickshank provided a water testing schedule with the costs for each.  It was pointed out that once we are one system, that some of the testing may be reduced.

Status of Wells

Brown Road: Waiting for permit

Mountain Park:  Commissioner Klasell will continue with talking to Sharen George.  The Taber well was discussed.  Commissioner Harris pointed out that he has left messages with an offer of forty thousand dollars and never got a response. Commissioner Bohn will contact him and make the offer of forty thousand dollars and free water.

Pipeline reroute on Brown Road

Commissioner Harris pointed out the plan to connect the pipeline between the two Brown Roads.

There was much discussion as to whether the dirt road between the two Brown Roads is a non-maintained county road or private property.  More investigation needs to be done.

Easements

 Commissioner Klasell moved to have Commissioner Harris submit the easement form for Whispering Pines lots 3 & 4 Commissioner Harris seconded, passed unanimously.

Mark Peterson instructed Commissioner Harris what to do with the signed easement and which department to take it to.

Vouchers

Commissioner Klasell submitted A-19 Voucher #5 for $27,356.93 to pay the bills. Commissioners signed, along with payroll forms and a warrant form for the county.

Franchise Agreement

Mark Peterson felt that the commissioners should send the Franchise Agreement back to the county with the comments that our engineer has made regarding it.

Other Business

Jim Ratley pointed out that the $25.00 late fee that was stated in the letter to all district customers should be re-worded as a service charge for the notification and leg work that results in a non-payment or late payment rather than a penalty for non-payment.  There was much discussion be the commissioners agreed on Jim Ratley’s concerns.  Mark Peterson pointed out the county’s procedure when there is non-payment.  The county will foreclose on the property after there is a lien on the property for non-payment.

The letter from our engineer Karen Kornher increasing the engineering cost estimate.  Dan Bannier will review the proposal and talk to her to discuss it.  It was pointed out that our funding was based on the engineering proposal and to increase it at this stage is not good.  More work will be done on this issue.

The meeting was adjourned at 1:30 pm.

               Lake Wenatchee Water District

 Commissioners Meeting

July 12, 2012

 at Station 9 Fire House

Commissioners Present: President-Bruce Harris, Bonnie Klasell, Secretary-Landis Bohn

Staff Present: Clerk-Karen Dickinson, Clerk Trainee-Elaine Kinney

Guest Presenter: Dan Bannier (Rural Community Assistance Corportation-RCAC)

Commissioner Harris opened the meeting at 10 am and acknowledged a quorum existed

Commissioners approved and signed the minutes from 07/05/12

Administrative

Clerk Dickinson passed out the financial report for the commissioners review.  She also informed the commissioners that the county is at the end of the fiscal year and is shut down for a couple of weeks.  This results in the checks to pay the vendors have to be held for a couple of weeks.

Commissioner Harris directed the clerk to add a section in the book where Resolutions are kept for MOU’s.  He also directed the clerk to scan all MOU’s into the computer and saved as a PDF file.

Commissioner Harris brought up and it was discussed how to back up the District computer.

WPWUA has a back-up drive that they will turn over after the July 26th transfer.  It will be used about once a month and stored in a different location than the District computer.

Commissioner Harris motioned to use the WPWUA back-up drive, Commissioner Bohn second, pass unanimously.

Quickwater software:  Commissioner Klasell and Clerk Dickinson discussed the status of the software.  The first copy was mailed but never received according to the vendor.  They are mailing a second copy.

Status of Wells

 Commissioner Bohn presented the invoice for the douser.  He tested two sites on Brown Road and two in Mountain Park.

Brown Road Well: Commissioner Bohn pointed out the areas on where the douser located water.  There were two sites.  Clerk Dickinson who is provided the land for a monetary amount said she preferred the area on the edge of the property and not in the middle of the field.   She will verify her property line before drilling is done.

Mountain park well:  Commissioner Bohn pointed out the two areas that the douser found water.  The commissioner discussed both sites and decided on one area over the other because of its access and it would be on free land that will be donated by Sharen George.  Further work needs to be done to see if the district can cross other properties adjacent to the site.   Commissioner Harris will identify the property owners.

Commissioner Klasell moved, Commissioner Harris seconded, to have Commissioner Bohn contact the property owners in Mountain park and have Commissioner Klasell contact Sharen George and negotiate a MOU,  passed unanimously.

Once this is done, Clerk Kinney will contact Tumwater drilling to obtain a proposal.

The two proposals for the Brown Road well were presented.  Commissioner Klasell called Karen Kornher about which size pipe should be used (6 or 8 inch) and the amount of gallons per minute that is needed.  Karen Kornher called back and verified that it be 8 inch pipes and at least 31/gals per minute for Brown Road and 24 for Mountain Park.

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Commissioner Bohn moved, Commissioner Klassel seconded to authorize Commissioner Harris to sign the proposal for Tumwater to drill on the Dickinson land (Parcel 271718400050), location to be determined after Karen Dickinson has looked at the site and given the OK, , passed unanimously.

Resolutions

Commissioner Klasell moved, Commissioner Bohn seconded, to adopt Resolution 2012-7 7-12A to accept the Administrative and Operating Directives, passed unanimously.

Commissioners reviewed the Startup Resolution that will be presented on the July 26 Commissioners meeting for all Associations to sign.

Commissioner Harris moved, Commissioner Bohn seconded, Commissioner Klasell abstained, to sign the BRWUA addendum to exclude two property owners and for BRWUA to keep the irrigation pipes, from the transfer agreement. 

Commissioner Klasell moved, Commissioner Harris seconded, to adopt resolution 2012-7-12B, accepting the 2013-2013 budget. passed unanimously.

Commissioner Harris moved, Commissioner Bohn seconded to sign the MOU with David Tice, granting the district temporary use of a strip of his property for construction of a pipeline, passed unanimously.

Start up Process

The final transfer documents are waiting Mark Peterson’s approval

Feedback from transfer letter sent to all members of the district.  Commissioner Klasell has had no feedback except from one member who cannot attend the meeting.

Survey Status

Commissioner Harris informed the group that the engineers have determined that we can connect the pipe from the East end of WPWUA Brown Road with the pipe in the BRWUA and eliminate the need for additional pipes to be installed in Lester Addition. The commissioners agreed to this engineering change.

Easements/MOU

After extensive investigation of the supposed Hashim property that runs the length of the upper properties on Whispering Pines, it has been proven that he does not own said property.  It was a computer error by the county assessor’s office.  The MOU will reflect the new findings.

Rate Public Meeting

 Dan Bannier from RCAC presented a preview of the July 19th presentation and asked for feedback from the Commissioners which was provided.

Commissioner Harris adjourned the meeting at 1:30 pm.

Lake Wenatchee Water District

                                                           Commissioners Meeting

                                                                     July 5, 2012

                                                            at Station 9 Fire House

Commissioners Present: President-Bruce Harris, Bonnie Klasell, Secretary-Landis Bohn

Starr Present: Clerk-Karen Dickinson, Clerk Trainee-Elaine Kinney

Guests Present: Cleve Borth, Barbara Harris, Dwight Burke

Commissioner Harris opened the meeting at 10 am and acknowledged a quorum existed

Commissioners approved the minutes from 06/28/12 with one typo fix needed

Administrative and Vouchers

The commissioners discussed where to move the Whispering Pines Water Association mailbox after the transfer.  It was decided to move it to Clerk-Elaine’s mailbox area because that is kept clean of snow.  Commissioner Harris instructed Elaine to go ahead right now and acquire a new address for the district and when the time is right all mailings will be changed to that address.

Clerk Dickinson told the commissioners that they are entitled to one hundred and four dollars per meeting.

She then passed out I-9 forms which need to be filled out and had them sign their pay vouchers for last month.  From now on the commissioners will get this amount for every meeting attended.  There were no other vouchers to approve.

It was pointed out that as the bills come in they are faxed to the commissioners one at a time for their review then the voucher is filled out with all the approved invoices to be signed.

District Insurance

 Dwight Burke has been negotiating with Cities Insurance Association of Washington (CIAW) to obtain our District insurance.  He was able to negotiate the following:

1. A premium of three thousand dollars per year.  They refused the twenty five hundred the district proposed.
2. A ten million dollar general liability coverage compared to the one million CIAW first proposed.
3. The insurance would go in affect as of Sept 1, 2012.  Dwight asked how they would cover the transfer date of Aug. 1, 2012.  They said that they would endorse the additional property value as of August 1, 2012 but not charge us for that month.
4. The coverage is on the total property value of four hundred and fifty thousand dollars.  They said they would be with 10% of that figure.
5. They also agreed to cover prior acts for those three associations that have insurance coverage. (LWWD, WPWUA, Brown Road Assoc.)
6. Director and Officer Coverage (D&O) for the board would be on a claims made basis. After the transfers are done, the associations can cancel their D&O coverage.  It will now be covered by the Districts D&O coverage.

There was some discussion about covering the boards that will remain in effect for three years as recommended by Mark Peterson. This is in case the District should fail for some reason, the individual associations could start up again and not start from scratch. All three associations agreed to keep their current D&O coverage until the corporations are dissolved and the boards are no more or until we find out more options.

Commissioner Klasell moved, Commissioner Harris seconded, and it passed unanimously, to have Dwight continue talking to the insurance company and attorney, Mark Peterson about coverage issues and how to proceed with the individual boards that will remain active.

Commissioner Klasell moved that we accept the $3000 premium, Commissioner Bohn seconded, and it passed unanimously.

There was discussion about submitting a letter of intent to withdraw 12 months in advance.  Dwight pointed out that for a business aspect, it would be better to submit the letter but since they have worked with us and have a long memory, maybe it would be better not to.  Commissioner Harris felt that it would be better to wait a year and make that decision next Sept.

Dwight felt that on a go forward basis we have a commissioner as the contact person with CIAW.

It was agreed to have Commissioner Bohn be the contact commissioner.  Dwight proposed to write a letter making Commissioner Bohn the contact person.

Commissioner Harris moved that Commissioner Bohn be made the contact person for CIAW, Commissioner Klasell seconded, it passed unanimously.

Status of Wells

District Well: Commissioner Harris said they made an offer to Jeff Burgess for the District to take over their well as a replacement well for WPWUA. The offer was turned down.

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Mountain Park Well: It was decided to have two local dousers look for water in the areas discussed.  It was decided to have two dousers witch the areas discussed. (Joe Woods and Charlie Cruickshank).

Start up Process

LWWA: Cleve Borth wanted clarification that the signing of the documents would be July 26.  The players both verbally agreed with the transfer agreement. Both Bob West and Byron Dickinson gave verbal approval for the transfer agreement, however, Byron want the agreement amended to say that the free water usage will be transferred to his heirs for as long as one of them retains the property  That amendment was given to Byron today for his approval.  The agreement will be signed prior to the July 26, 2012 deadline.

Letter announcing District Start rates which will be sent to the members of the District.  Dan Bannier said the letter looked good but to add the Commissioners names and contact information to it. After a very lengthy discussion regarding how to handle late fees, turning off water, etc., it was decided to leave the letter and rates as written but add “base rate for residential service” after the thirty nine dollars and add “per billing cycle” after the late fee.  These rates can be changed at a later date if it found that the budget is not substantial.

Commissioner Bohn motioned to accept the letter as written, Commissioner Klasell seconded, all approved.

Commissioner Klaell submitted the proposed budget for 2012-2013.   Commissioner Klasell moved to accept the budget, Commissioner Harris seconded, all approved.

Planning for the July 19th meeting:  It was decided to devote most of the time to Dan Bannier and what he has to present.

 Resolutions

The commissioners signed the Contract Operator resolution.

Commissioner Klasell will bring the resolution to the July 12, 2012 meeting to accept the budget along with the other resolutions that need to be discussed and signed.

Easement Status

 Whispering Pines Lots 3, 4 & 5:  Commissioner Harris submitted a map from the engineers showing where the easement will go to access the upper reservoir. This will require cutting down some trees and flattening the ground. This is based on Forest Service (FD) approval to use their land.

Also we will need permission to use the paved driveways to access the upper road to the reservoir.

A discussion was held about obtaining permission to cross Hashim’s land with the pipes. Further work will be done on this.  Whether Hashim owns the small strip will be verified for further planning.

Tice/Schilling easement to put in the pipe:  Commissioner Harris has been trying to contact David Tice to obtain an easement or permission to use a thin strip of his property to place dirt and move equipment.  Whispering Pines already has a 10 foot strip on Shilling’s property but we will need additional space to place dirt and move equipment.   At the time of the meeting, he had not heard back regarding his latest email to him.

North Shore/Lester Addition:  The easement is up in the air at this point and is Karen Korhner’s design changes.

Franchise Agreement

Commissioner Harris said that we did get the Franchise agreement from Chelan County.

Survey Status

There was very little success in locating the metal pipes with a metal detector.  As a result of this, we will need a local person when we begin digging.  So when the survey is done we will proceed.

Task Assignment

Commissioner Klasell will mail out the startup letter.

Commissioner Bohn will coordinate the witching tasks.  Commissioner Harris will contact the Geologists to give up a better idea where the water may be found.

Meeting was adjourned at 1:00 pm.