Home The Commission Archive Agendas & Minutes 28 June 2011 Minutes - Approved
28 June 2011 Minutes - Approved PDF Print E-mail
MINUTES OF THE MEETING OF THE COMMISSION

June 28, 2011


The regular meeting of the Board of Commissioners of Public Utility District No. 1 of Whatcom County was called to order at 8:00 a.m. by Commissioner Paul Kenner. Said meeting was open to the public and notice thereof had been given as required by law. Those present included Commissioner Mike Murphy, Commissioner Jeff McClure and Legal Counsel Jon Sitkin. Staff: Steve Jilk, General Manager; Ann Grimm, Administrative Assistant; Brian Walters, Director of Utility Operations; Barb Shosten, Director of Finance; Fred Disch, Water Systems Supervisor; Paul Siegmund, Process and Control Engineer; Mike Macomber, IT/SCADA Technician; Duane Holden, Director of Engineering and Project Development; Alec Strand, Project Manager; Rebecca Schlotterback, Water Resource Technician; and Lew Gaskill, Accountant 1. Public attending: Rick Maricle, ConocoPhillips and Tom Perry, MSA.


• Public Comment
No comments made.

• Approval of the Meeting Minutes and Claims
The Commissioners were presented with the minutes of the regular meeting held June 14, 2011, and the following claims of June 28, 2011.

 

VENDOR NAME
AMOUNT
AIR COMPRESSOR SERVICE
480.56
BIRCH EQUIPMENT COMPANY
1,074.15
BONNEVILLE POWER ADMINISTRATION
443,712.00
CARL'S MOWER & SAW, INC
29.24
COLUMBIA FORD
28,177.44
EDGE ANALYTICAL LABORATORIES
481.00
ELCON ASSOCIATES
65,608.53
ENTRIX, INC.
9,770.41
FERNDALE ACE HARDWARE
109.56
FERNDALE LUBE
55.17
FERNDALE READY MIX AND GRAVEL, INC
720.54
FERNDALE TRUE VALUE HARDWARE
3.73
GASKILL, LOIS E
24.48
GRUNDFOS CBS/PACO PUMPS
32,618.35
HARDWARE SALES, INC
21.73
HAWLEY'S AUTO SUPPLY
4.87
HB HANSEN CONSTRUCTION
15,352.75
HD FOWLER CO, INC
651.16
INDUSTRIAL SUPPLY, INC
44.31
INTERNAL REVENUE SERVICE
11,632.98
MOTION INDUSTRIES, INC
254.28
NESS CRANE SERVICE, INC
781.20
OPEN ACCESS TECHNOLOGY INTERNATIONAL
700.00
P&P EXCAVATING, LLC
3,492.62
PAYROLL
149,893.12
PIONEER FORD
162.64
PLATT ELECTRIC SUPPLY CO
250.60
PORTAL WAY FARM & GARDEN
159.78
PROBUILD - OSO LUMBER
70.03
PUD #1 OF WHATCOM COUNTY
439.00
PUGET SOUND ENERGY, INC
739.97
PUGET SOUND ENERGY, INC
120,948.34
RDS - RECYCLING & DISPOSAL SERVICE
10.59
SD MYERS
562.00
SPECIAL-T STRIPING & SIGN COMPANY
246.80
TEAMSTER LOCAL #231
385.00
THE MARKETS, LLC
272.50
TOSHIBA AMERICA INF SYSTEMS
176.19
TOYOTA OF YAKIMA
24,814.36
TRUE GREEN LAWN SERVICE
1,898.75
TYLER TECHNOLOGIES-INCODE
1,261.00
UNIVAR USA, INC
3,957.27
VISA / HORIZON BANK
4,303.65
WA ST DEPT OF REVENUE
43,793.09
WESTERN CONFERENCE OF TEAMSTERS
5,391.00
WILLIAM SCOTTSMAN
1,256.03
GRAND TOTAL
$ 976,792.77


ACTION: Commissioner McClure motioned to approve the minutes of the regular meeting held June 14, 2011, and the claims of June 28, 2011. Commissioner Murphy second the motion. Motion passed unanimously.

• Resolution No. 629 - Cancellation of Warrant
Gaskill said the County has notified the District that Warrant No. 816969 for TEAMSTERS Local #231 issued on January 29, 2010, was never received by the vendor. As per RCW 36.22.100, the County can request cancellation of a warrant that was never received by the vendor and is more than a year old. The County has requested that the District cancel Warrant No. 816969 and reissue a new warrant. There is no fiscal impact to the District.

ACTION: Commissioner McClure motioned to approve Resolution No. 629 authorizing cancellation of warrant that is more than a year old. Commissioner Murphy second the motion. Motion passed unanimously.


• Resolution No. 630 - Approve Public Records Request Policy Revision
Background: On November 4, 2008, the Commission initially approved Resolution No. 580, a formal Policy and Procedure for Public Access to the District's Public Records. In doing so, the District developed procedures for accessing public records. A request form for records such as contracts, financial information, memos, studies, etc. was created and specifies what records are being requested.

Pursuant to RCW 42.56.120, records will be made available for viewing during customary work hours. No fee shall be charged for inspection of the documents; however, costs were established for photocopying, faxing and copying records on to CD in Resolution No. 580. All costs shall be published on the records request form. If Resolution No. 630 is approved, the policy change would add a deposit requirement for providing copies:

The PUD may require that the requester make a ten percent (10%) deposit of the estimated cost of providing copies when the PUD has estimated these costs will exceed one hundred dollars ($100.00).

Sitkin said this will give the District the option of charging a deposit, mainly to be used for exceedingly large document copying requests, in the expectation that the requestor does in fact want the documents will pay a deposit upfront and the District can proceed with the document search and copying.

There is no fiscal impact to the District.

ACTION: Commissioner McClure motioned to approve Resolution No. 630 amending the policy and procedure for public access to the District's public records. Commissioner Murphy second the motion. Motion unanimously passed.

• Resolution No. 631 - Approve Public Records Retention Policy
Background: The purpose of this policy is to clarify the requirements for the retention and destruction of public records for the Whatcom County Public Utility District No. 1 (the "PUD"). It is not intended to serve as authorization to destroy or otherwise dispose of unscheduled records nor is it intended to cover every possible situation in which decisions about the retention or destruction of records must occur. This policy is intended to complement the use of approved records retention and disposition schedules, not replace or supersede them.

The term "public record" is inclusive of the definition of a public record under Chapter 40.14 RCW and RCW 42.17, and includes all emails, voice mails, and text messages received or sent by the PUD's computer, phone or other systems. Generally, and without limiting the definitions of a "public record" under state law, the content and function of a record generally indicates whether a record is subject to these guidelines.

Unless modified as provided herein, the PUD shall follow the record retention and disposition schedule as recommended by the State of Washington as of 2011 ("Schedule"), which provides generally that PUD records should be maintained for a period of six (6) years. This Schedule specifies how long records must be kept and when records are to be destroyed or transferred.

From time to time the State of Washington may update or modify the recommended record retention and disposition schedule. The updated and/or revised State of Washington recommended record retention and disposition schedule shall be the schedule that the PUD shall comply with.

There is no fiscal impact to the District.

ACTION: Commissioner McClure motioned to approve Resolution No. 631 establishing the policy for the retention of Public Utility District records. Commissioner Murphy second the motion. Motion unanimously passed.


• Award of Bid - Plant No. 2 east Pond Solids Removal Project (RW-M-2)
The District has developed a Capital Improvement Project list for work to be completed in 2011. On this list is the cleaning & excavation of the District's Plant No. 2 East Settling Pond. Due to the significant amount of sediment the clarification process produces, the settling ponds need to be cleaned and excavated on an annual basis.

On June 20, 2011 the District received and publicly read aloud six (6) bids submitted for this project. The results are as follows:

Contractor
...
Bid Amount
Interwest Construction
....
$329,981.05
Ram Construction, Inc.
....
$337,293.95
P & P Excavating
....
$341,636.66
IMCO General Construction
....
$378,339.50
Len Honcoop Gravel, Inc.
....
$412,547.87
Stremler Gravel, Inc.
....
$432,101.25
Engineer's Estimate
....
$463,000.00

The above totals include Washington State Sales Tax

Interwest Construction, Inc. has correctly completed and included all of the required bid forms. The total amount of their bid is less than the engineer's estimate. Staff's recommendation is to accept Interwest Construction Inc's bid proposal as the lowest cost responsive bid for the total cost not to exceed $329,981.05

Commissioner Murphy inquired about once the sediment is removed where will it be taken? Holden said Interwest has two sites, one off of the Slater Road and the other is at Granite Construction. Commissioner Kenner asked if there were any road-use requirements from the City of Ferndale or County. Holden said he has obtained a "haul route" permit from the County and is working with Janice Marlega at Ferndale's Public Works. An insurance bond of $25,000 per mile is required. Commissioner McClure asked if there would be any anticipated road damage this time of year. Holden said he doesn't suspect there will be damage.

Commissioner Murphy wanted to make sure truck drivers and neighbors are aware as there are children residing in the area. Holden said the District sent out information letters to property owners within 1,000 feet of the District and also held a public hearing/information meeting. Holden noted there will be flaggers at the intersection of Trigg and Portal Way. Commissioner Kenner asked how long the project will take. Holden said the due date to have all the soil hauled out is September 6, 2011, just before school starts.

There is no fiscal impact. This work is included in the 2011 Capital Improvement Plan and included in the 2011 budget and the award is for a bid under the budgeted amount.

ACTION: Commissioner Murphy motioned to award the bid to Interwest Construction, Inc. and authorize the General Manager to sign and execute the contract for the 2011-Plant No. 2 East Pond Solids Removal Project (RW-M-2).sales program. Commissioner McClure second the motion. Motion passed unanimously.

• 2012 Budget Process Calendar
This is a request for the Commission's approval of the schedule for the development of the 2012 District Operating and Capital Budget and approval of rates and charges for water and electric services for 2012. The proposed schedule allows time for work sessions by the Commission before adopting the final budget and rates, meetings with the customer groups to gather input to estimate the rates as well as a public hearing to allow for public/customer input to the Commission for the budget and rate setting process.

McClure noted that he will be absent on the August 9, 2011 meeting.

ACTION: Commissioner Murphy motioned to approve the 2012 Budget Development Schedule. Commissioner McClure second the motion. Motion passed unanimously.

• Resolution No. 632 - Declaring Surplus of Equipment
At the last Commission meeting, District staff identified and the Commission approved the need to purchase a new pick-up truck for water system operations to replace an existing 2001 Dodge Ram ¾ Ton pickup which was purchased as a used vehicle in 2005 under a State of Washington surplus sales program.

The new vehicle purchase and delivery is complete and it is the intent of the District to surplus the Dodge Ram pickup. This vehicle is reaching its useful life based on the amount of mileage and determined need for maintenance. Resolution No. 632 and Schedule A list the vehicle to be declared surplus and disposed of either through a state or local surplus action sale.

If approved, Resolution No. 632 which would authorize the disposal of the 2001 Dodge Pickup will have no fiscal impact on the District other than a small amount of revenue from the sale of the vehicle that was not budgeted for. The purchase of the new replacement vehicle for water operations is included in the 2011 budget.

ACTION: Commissioner McClure motioned to approve Resolution No. 632, declaring certain property to be no longer functional and of little or no value for the operations of the District system and authorizing the disposal thereof in accordance with RCW 54.16.180. Commissioner Murphy second the motion. Motion passed unanimously.


• Manager's Report
Franchise Agreement with County
The County Council approved the franchise agreement providing electric utility services at a public hearing on June 21. The District has been working with County legal and public works and staff developed a draft Ordinance for County Council approval that will provide a 25 year franchise to the PUD to locate, operate and maintain PUD electric facilities in County rights of way throughout Whatcom County. Jilk thanked Schlotterback and Sitkin for their efforts in working with the County on this.

Mt. Baker Foothills Telecom - EDI Application
The PUD and the Port of Bellingham have been working with representatives of the Mt. Baker Foothills Chamber of Commerce to receive federal grant funds available for development of telecom/internet services in order to provide the Glacier/Silver Lake/Maple Falls area (un-served or underserved rural areas). A tragic accident last week claimed the life of the Foothills Chamber lead contact on the project. Jilk said the group will continue forward and will meet later this week with NoaNet, Mt. Baker School District, Foothills Chamber and the PUD.

Water Supply Planning - EDI Application
The PUD was asked by the WRIA 1 Joint Board to complete the work for Objective No. 3 of the development of an action plan to implement the Joint Board's Watershed Management Plan for WRIA1. The source of funds for Objective No. 3 was identified as coming from the Whatcom County EDI fund. (The estimated budget for the five year period for Objective No. 3 is just under $400,000.)

Jilk is meeting later this morning with the County for this EDI application. He feels confident that the process should move quickly now that there is support from all the cities' mayors, the County, Western Washington University, the Ag Preservation Committee and Farm Friends. Two council members from East County also have indicated their support on the project.

Puget Sound Energy - Substation and 115kV Transmission Line Purchase
Walters indicated there will be two closings for the purchase of the substation and 115kV line from Puget Sound Energy. Staff has evaluated the site for contaminants. Oil from the transformers and soil samples were analyzed and results for contaminants have come back negative. Walters said he is confident to proceed and closing is set for July 15, 2011.

WPUDA Update
Commissioner Murphy said he received a notice from WPUDA that they will be terminating their agreements with four (4) lobbyists for the remainder of the year. WPUDA says the action was necessary to build their cash reserves due to a member's (Grays Harbor County) notice of withdrawal from the Association. When WPUDA begins their budget process this fall, they will carefully look at these agreements to determine whether or not to enter into a new agreement and at what budget level.

The District currently pays about $12,000 per year in membership fees. Murphy said he feels the membership is beneficial but questions whether this money can be used elsewhere. Murphy has attended several water workshops with WPUDA. Jilk said he would not recommend terminating the District's membership on his own; however, the District is not that involved with the WPUDA. Other associations' memberships that the District is more involved with are (1) Washington Water Utility Council and (2) American Water Works Association. On the electric side of the business, Jilk feels there is greater support through the Public Power Council vs. the WPUDA because the District is so unique. Murphy added the benefits of Energy Northwest-receiving information on power issues around the nation.

McClure said it is difficult to get dollar-for-dollar value with some memberships and indicated he would prefer to stay active with WPUDA, as long as membership fees stay within a reasonable amount of increae.

WPUDA membership costs for 2012 have not been determined. The fees are collected after PUDs opt-in for membership. Jilk said he does not expect dues to go up dramatically, maybe in the 10 to 15% increase rate.

• There being no further business for the regular meeting, the Commission adjourned the regular meeting at 8:38 a.m.

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