MINUTES OF THE MEETING OF COMMISSIONERS OF THE SILVER LAKE WATER & SEWER DISTRICT. March 10, 2011

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MINUTES OF THE MEETING OF COMMISSIONERS OF THE SILVER LAKE WATER & SEWER DISTRICT March 10, 2011 The regular meeting of the Board of Commissioners of the Silver Lake Water & Sewer District was held on March 10, 2011 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; Eric Delfel and Doug Jacobson with Gray & Osborne, and John Milne with Inslee, Best, Doezie & Ryder, P.S., Attorney for the District. 1.) CALL TO ORDER: Commissioner Backstrom called the meeting to order at 5:30 p.rn. 2.) APPROVAL OF MINUTES: The Minutes of the regular meeting of February 24, 2011, were unanimously approved as circulated. 3.) FINANCIAL MATTERS: a.) Payroll, Vouchers and Check(s) Approval After discussion of various matters, payroll, vouchers, and revolving fund checks were unanimously approved and signed as follows: Fund Code Number Amount Water Maintenance 7435408666.03-001-.03-037 $145,736.30 Sewer Maintenance 7435418666.03-001-.03-015 457,594.41 Revolving Check Fund 2187-2192 Total Warrants $604,101.46 4.) MAINTENANCE & OPERATION REPORTS a.) Crown Castle Proposal to Extend Lease Mr. Curran presented to the Board of Commissioners a proposal from Crown Castle to Extend a Cell Tower lease the District had previously entered into with Sprint Spectrum. Discussion ensued regarding the terms of the lease and whether Crown Castle had authority to bind the lessee to changes in the lease. By motion made and unanimously approved, the Commissioners directed Mr. Curran to work with Mr. Milne to draft an Extension Agreement for Crown Castle and to determine whether Crown Castle has the authority to bind the lessee to these new terms. b.) Polygon Northwest Request to Submit Plans for Sommerwood Mr. Curran advised the Board of Commissioners that a draft of an agreement between the District and Polygon, allowing Polygon to submit water and sewer plans to the District for review prior to signing a DEA, has been drafted by Staff and reviewed by Mr. Milne. This document will be sent to Polygon for their consideration. Office\minutes\201103 IO

c.) Smoke Test Study Presentation Mr. Delfel presented to the Board of Commissioners, a Smoke Test Study recently conducted by Gray & Osborne and District staff for the Boards' consideration. Based on the results of this test, the staff intends to conduct a second test in other areas of the District. 5.) CAPITAL IMPROVEMENT PROJECTS a.) South End Interceptor Improvement Project Mr. Gilmore presented to the Board of Commissioners, a staff report, attached cost of camera and control installation, and a comparison of cost using the Contract's bid item unit price, regarding the South End Interceptor Improvement project, for their review. The Snohomish County Traffic Control Permit was received by the Contractor March 1, and the Contractor began work on Friday, March 4, 2011. Potholing work was performed at critical crossings, and existing facilities were discovered to be in conflict in the 35 th and 1 1 6 th intersection. The 16-inch diameter water main is deeper than anticipated. Alternative placements of manholes and piping are being considered to avoid conflicts. Relocation options for these facilities seem plausible to allow the construction to continue. To determine if alternative facility locations could have other utilities in conflict, District crews performed additional potholing efforts to discern the actual position of crossed utilities. The Contract called for unit price replacement of traffic loops on a per loop basis; the project documents estimated two loops would be impacted. Traffic loops are not easily discernable and the County contacted the District to see if the District would consider paying for video camera traffic control equipment and installation, in lieu of restoration, of any damaged traffic sensing loops serving southbound and westbound traffic, at the 35 th Avenue SE and 166 th Street SE intersection. The County provided an itemized cost that if accepted would satisfy their traffic control without loop replacement. The County provided their loop layout that showed as many as nine loops that could be damaged by District construction. Cost to restore traffic loops; 9 traffic loops (including approach and bicycle lane) at $2,200.00 each, totaling $19,800.00; cost of camera controlled County installation in lieu of loops is $10,174.97. The impact to the project to accept the County proposal is $9,625.03 ($19,800.00-10,174.97); a reduction, if compared to unit prices. The District would pay the County $10,174.97 and the traffic loop pay bid item of $4,400.00 would be removed from the Construction contract as a Contract reduction by deletion of pay item in a Change Work Order to Shoreline Construction. The net project cost for tracking and depreciation would be increased by $5,774.97. Staff requested the Board confirm direction to proceed to delete the traffic loop item from the Contract and to inform Snohomish County of the District's intent to provide their identified cost of camera traffic control. Following discussion, by motion passed unanimously, the Commissioners approved the deletion of the traffic loop pay item and requested staff bring this back to the Board as part of a Change Work Order to the Contract, for their review. Eric Delfel presented photos of the South End Interceptor project to the Board of Commissioners, for their review. Oftice\minutes\20 II 031 0 2

6.) INTERAGENCY REPORTS a.) Everett Surge Studv Interlocal Agreement Mr. Curran reported to the Board of Commissioners an Everett draft of this agreement has been circulated to the Clearview Group Managers for review and comment. 7.) STAFF REPORTS a.) District Engineer: Mr Gilmore reported the District received the final allocation of the PWTF Loan for design of the District's Lift Station Improvement Project. b.) Finance Manager: Mr. Nelson reported on three matters. The District recently filed 59 liens totaling approximately $22,000.00 against customer properties. The District now has 107 outstanding liens totaling approximately $60,000.00. To date, the District has collected 152 liens totaling $103,654.51. On the second matter Mr. Nelson reported communications with representatives of Cascade Bank regarding its sale to Opus Bank in California. Mr. Nelson suggested that if Opus Bank will continue to provide 100% collateralization of the District's public fund deposits as required by Washington State law, then the District could continue using this new bank. He advised the District take a "wait and see" approach. The Board directed staff to monitor the situation. On the third matter Mr. Nelson requested the Board schedule a public hearing for consideration of changing District water and sewer rates and fees for March 24, 2011. By motion passed unanimously the Commissioners set a public hearing to consider changing District water and sewer rates and fees for 5:30 p.m. or as soon thereafter as can be heard on March 24, 2011, at the District Administration Building at 15205 41st Ave. S.E. Bothell, W A. c.) General Manager: No Report. d.) Attorney: No Report. The General Manager advised no discussion on the Washington Federal Bank's lawsuit would be needed at this time. He requested an Executive Session to discuss a potential litigation matter pursuant to RCW 42.30.110 (1) (i) on a property damage claim of Jeff Melby and Shannon Lee. Before convening the Executive Session on the matter regarding the claim of Jeff Melby and Shannon Lee at 6: 19 p.m., President Backstrom advised that the Executive Session would be concluded at 6:24 p.m. The Executive Session concluded at 6:24 p.m. 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 March 10, 2011 regular meeting. The following signature page is a scanned image of the original signature page of the Minutes and certifies these are the approved Minutes by the Secretary of the Board. Office\minutes\20 II 031 0 3

Minute Certification 1, 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 March 10, 2011 regular 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 March 24, 20 II, as these Minutes appear on the Minute book of the 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 of these Minutes. -+h IN WITNESS WHEREOF, I have hereunto set my hand this ;;., "i day of March 2011. SILVER LAKE \VATERAND SEWER DISTRICT SNOHOMISH COUNTY, WASHINGTON Office\minutes\20 II 031 0 4