l\finutes OF THE MEETING OF COMMlSSIONERS OF THE SILVER LAKE WATER & SEWER DISTRICT June 28,2010

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2 l\finutes OF THE MEETING OF COMMlSSIONERS OF THE SILVER LAKE WATER & SEWER DISTRICT June 28,2010 The special meeting of the Board of Commissioners of the Silver Lake Water & Sewer District was held on June 28, 2010, beginning at 5:30 p.m. at the District Administration Building. Attending were Commissioners Bill Anderson, Rod Keppler, and Anne Backstrom. Also present were General Manager Patrick Curran, District Engineer Rick Gilmore, Finance Manager Brad Nelson, Tom Zerkel, Mike Jauhola and Eric Delfel with Gray & Osborne, and John Milne with Inslee, Best, Doezie & Ryder, P.S., Attorney for the District. 1.) CALL TO ORDER: Commissioner Keppler called the meeting to order at 5:30 p.m. 2.) APPROVAL OF MINUTES: The Minutes of the meeting of June 10, 2010, were unanimously approved as circulated. 3.) FINANCIAL MATTERS: a.) Vouchers and Check(s) Approval After discussion of various matters, vouchers and revolving fund checks were unanimously approved and signed as follows: Fund Code Number Amount Water Maintenance $54, Sewer Maintenance , Sewer Capital Improvement , Water Capital Improvement , Revolving Check Fund , Total Warrants $205, b.) Hearing on Adjustments to District General Facilitv Charges Mr. Keppler opened the Public Hearing to consider adjustments to the District General Facility Charges (GFC). Mr. Curran reported that the Commissioners set a hearing date of June 28 th, 2010, and notice of such hearing was published on June I11h, 2010, in the Everett Herald. The Notice of Hearing was posted on the District web page on June 17, Mr. Nelson introduced into the record the 2010 Utility Rate Study prepared by FCS Group, a revised powerpoint presentation prepared by FCS Group correcting their factor ratio calculations in the model, and a handout prepared by staff that outlined another method to provide a higher credit for developer contribution. Mr. Nelson provided Commissioners with an overview of the existing cost basis and future cost basis in the development of the water and sewer General Facility Charges, including the credit (reduction) calculation for developer contributions. Mr. Nelson presented a memo with attached tables and a Office\minutes\

3 draft resolution, for the Board of Commissioners review. Mr. Nelson reported that a review of the methodology used by FCS Group to determine changes to the General Facility Charges estimated the credit to fixed assets for developer contribution based on 2007 and 2008' s contribution. District staff was able to obtain a more accurate book value for developer contribution from the working papers of Benson and McGaughlin in its preparation of the District Financial Report for Using these values the calculation of the General Facility Charges recommended by FCS Group results in lower GFCs for both sewer basins and for the water utility. Mr. Nelson recommended the Commissioners adopt Resolution No. 651 with the latest GFC amounts. Mr. Curran explained the resolution being considered by the Commissioners provided for the new GFC to be effective tomorrow. The resolution included a section that provided that a builder seeking to pay GFC amounts that could present a building permit for the property in question dated prior to August 14, 20 I 0 when applying for connection to the District water or sewer utility would need only to pay the GFCs in place prior to the effective date of Resolution No With no one else wishing to speak, Mr. Keppler closed the Hearing. After discussion of various matters, the Commissioners adopted Resolution No. 651, using the higher valuation for developer contributions, establishing General Facility Charges (GFC's) for new water and sewer connections and repealing Resolution No. 503, 527, 564, 603, and 611. As previously discussed, staff will return to the Board after the adoption and approval of the 20 I 0 water and sewer comprehensive plans with a resolution that will include in the District GFCs the cost of future Capital Improvement Projects for the next 10 years as set forth in each plan's CIP for the Boards consideration. 4.) MAINTENANCE & OPERATION REPORTS a.) Resolution to Adopt Greenhouse Gas Emission Policy Mr. Curran presented to the Board of Commissioners, a draft resolution with attached Exhibit "A", Green House Gas Emission Reduction Policy, and an Applicant CertifIcation Form, for their review. After discussion of various matters, by motion passed unanimously, the Commissioners adopted Resolution No. 652 with all resolutions, policies and procedures which are inconsistent with this Resolution to be rescinded, modified and superseded, in accordance with Resolution No b.) Report on Small Works Contract-Tree Cutting/Grooming-Headquarter Site Mr. Curran presented a memo drafted by staff, regarding the Headquarters NE tree grove. Customers to the North of the District Office had sent a certified letter expressing their concerns on the large tree grove to the south of their property. Mr. Walt Robison contacted Pacific Landscaping, to inquire about a name of an arborist, to come out and assess the tree grove. Mr. Chris Hall, an arborist with A to Z Tree Service, inspected the trees as well as the underbrush. Mr. Hall recommended that two trees be taken down and five trees along the north property line be trimmed. Mr. Hall stated that the rest of the tree grove is in very good Office\minutes\

4 condition. Mr. Hall gave the District a bid estimate amount of $4, A second bid on this work came from Mike's Affordable Tree Service. The bid estimate amount Mike gave the District is $2, Both companies are listed on the MRSC Small Works Roster, and both have been informed that the project is subject to prevailing wage laws. Mike's Affordable Tree Service was the low bid and Mr. Curran has signed a contract with this company. Mike's Affordable Tree Service will perform the contract work on Thursday, July 1 s" 201 O. 5.) CAPITAL IMPROVEMENT PROJECT REPORTS: a.) Snohomish Cascade Sector 7 Relocation Project The Commissioners reviewed the status report prepared by Mr. Gilmore on this project. Smith and Loveless (S&L) provided an electrician who switched the pump positions on June 17, The pumps were run in their relocated positions and the former Pump No. 2 Unit continued to have excessive vibration in the Pump No. 3 location. The relocated Pump No. 3 did not have excessive vibration in the Pump No.2 location. Smith and Loveless has not yet provided an approach to resolve this vibration issue. District staff anticipates hearing from ADS, S&L local representative, next week when Mr. Steve Azose is back in town. b.) 2009 Silver Acres Water Main Improvement The Commissioners reviewed the status report prepared by Mr. Gilmore on this project. The Contractor for this work is B&B utility and Excavating of Bothell. The water main (approximately 1100 LF of 8-inch Ductile Iron) is installed; filling, testing and purity confirmation were successfully completed today and the main line should be brought online this week. The work included a 600 foot section of 8 inch diameter directionally bored HDPE pipe installation (performed by Wiseman Utilities). This was the first time this construction method was used on a District project and it was a positive experience. Remaining work items include pavement and surface restoration, anchor blocking and hard flushing. c.) 2009 Lift Station Improvements The Commissioners reviewed the status report prepared by Mr. Gilmore on this project. The preliminary review of this project indicates that a turnaround on an expanded easement and site improvement is possible. The District met with the Home Owners Association President and Treasurer at the District Office on June 14, 2010, and they expressed concern over the visibility of the fence location. District Staff re-examined the turning needs of District equipment and believe that a smaller site area can be laid out to allow the new work to be in the currently brushy vegetation of the Highlands Tract 925, where the District is requesting an enlarged easement. Staff, along with G&O, are finalizing a revised layout of this site needs approach and will again present the plan view and photo renderings of how the new fence and landscaping might be viewed from Snohomish Cascade Drive. 6.) INTER AGENCY REPORTS: a) Clearview Water Supply Agency Annual Meeting Office\minutes\

5 Mr. Curran reported to the Board of Commissioners that the Annual Clearview Water Supply Agency Meeting was held at AWWD on June 16,2010. The Annual Reports provided by District personnel to the various Commissioners in attendance showed the Agency to be in good operational mode and to be financially solvent. b) Report on EWUC Meeting of June 17, 2010 Mr. Curran reported to the Board of Commissioners on the presentation by DOH personnel on the Response to an E Coli Sample in a Large Distribution System. He indicated the presentation was attended by Water Quality staff of many EWUC members and was very informative. The Commissioners were provided notes from the EWUC Meeting taken by Mr. Gilmore which included a Peak System Demand and Notification Trigger sheet. The Commissioners were also provided a map showing the Proposed Tulalip Water Plan Phasing for construction for their review. 7.) STAFF REPORTS a.) District Engineer: No Report. b.) Finance Manager: No Report. c.) General Manager: Mr. Curran reported to the Board of Commissioners on the AWWA ACE10 Conference in Chicago, Illinois, that he and Commissioner Backstrom attended the dates ofjune 20-24, Mr. Curran presented a card sent to the District office from an unidentified customer regarding District rates, for the Board of Commissioners review. The Commissioners commented that the lack of contact information from the customer frustrated any efforts for further communication. Mr. Curran presented to the Board of Commissioners, a letter from the McNaughton Group regarding the 180 th Street Lift Station latecomers' agreement, for their review. After discussion of various matters the Commissioners directed staff to proceed with processing this Latecomers Agreement. Mr. Curran advised that staff would work to bring this matter to a Commissioner meeting next month. d.) Attorney: No Report. The General Manager requested an Executive Session to discuss Potential Litigation pursuant to RCW (1) (i) an interagency matter on a Long Term Sewer Agreement between Everett and the District. A motion was made, seconded and unanimously approved by the Board of Commissioners to convene an Executive Session to discuss the matter. Before convening the Executive Session at Office\minutes\20 I 00628

6 6:05 pm, President Keppler advised that the Executive Session would be concluded at 6:1 0 pm. The Executive Session concluded at 6: 10 pm and the open public meeting was reconvened. There being no further business before the Board, the meeting was adjourned. This ends the Minutes of the June 28, 2010 meeting. The following signature page is a scanned image of the original signature page of these Minutes and certifies these are the approved Minutes by the Secretary of the Board. Office\minutes\

7 Minute Certification I, the undersigned, Secretary of the Board Commissioners of Silver Lake Water and Sewer District, Snohomish County, Washington (the "District"), hereby certify as follows: 1. The attached copy of the Minutes of the Meeting of Commissioners (the "Minutes") is a full, true and correct copy of the Minutes of the June 28, 2010, special meeting of Commissioners, duly adopted at a regular meeting of the Board of Commissioners of the District held at the regular meeting place thereof on July 8, 2010, as these Minutes appear on the minute book ofthe District; and; 2. A quorum of the members of the Board of Commissioners was present throughout the meeting and a majority of those members present voted in the proper manner for the approval ofthese Minutes IN WITNESS WHEREOF, I have hereunto set my hand this K day of July SILVER LAKE WATER AND SEWER DISTRICT SNOHOMISH COUNTY, WASHINGTON &d2~ BIll Anderson, Secretary Office\minutes\