OFFICIAL
MINUTES
SPECIAL
WORKSHOP MEETING
HAYDEN
AREA REGIONAL SEWER BOARD
August
22, 2013
The Workshop Meeting of the Hayden Area Regional Sewer Board was held on August
22, 2013, in the City of Hayden Council Chambers at 8930 N. Government Way,
Hayden, ID.
Present:
Stefan Chatwin, Daniel Green, Todd Walker
Absent:
Ron
McIntire, Carole Stringer
Also
Present: Ken Windram,
Hayden Area Regional Sewer Board-Administrator; Stephanie
Oliver, Hayden Area Regional Sewer Board-Secretary
The
meeting was called to order by Dan Green, Chairman at 2:58 p.m...
There
were no additions or corrections to the printed agenda.
The
Board members decided to work their way through the point by point through the
Staff prepared memo, see presented memo. Workshop members decided to start with
a blank page, and work through issues to give to the attorneys.
HARSB
has learned so much in the last 30 years, from starting as a group of people
getting together to solve a problem to creating the current Wastewater Treatment
Facility with its Outfall line, Reuse Farm, NPDES permits, DEQ permits to serve
its owner entities and growing community.
As we have grown we have seen changes and ideas that have impacted our
Facility and Board. We belief that
we need a Joint Powers Agreement that reflects the current and future needs of
our facility, and that instead of trying to rewrite the old agreement, perhaps
using it as a guide and starting over with a blank piece of paper would be
better.
Joint
Powers Agreement (JPA) Discussion Items:
Question
on Representatives:
Ø
It
indicates that each representative is assigned to the Board by a duly authorized
resolution, which is then provided and maintained by the Office of the Board.
HARSB gets different forms of notification on a change to the Board
o
Staff
Recommendation: Establish the method each entity changes its representative and
create a form to document the entity representative assigned to the Board.
Discussion: Do we need a particular type of written notification or will any
written notification be accepted.
Determination was given that any written notification of any type will be
accepted.
Agreement: HARSB will be given written notification when a change of
representatives occurs.
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Ø
The
current JPA lists that the secondary representatives being only to act in the
absence or unavailability of the primary representatives. We have had motions
and voting from secondary representatives on behalf of the entities in the same
meeting when both are present.
o
Staff
Recommendation: Do we need Secondary Representatives? If secondary
representatives are needed, have JPA clearly indicate that the primary
representative shall make all motion and votes.
Discussion: It is up to each entity regarding whom they send to meetings so both
representatives can attend and participate; however, the primary has to make the
motions and vote if both are present.
Agreement: The primary representative makes all motions, and votes on all HARSB
Board issues; however, in their absence the secondary representative acts on
their behalf.
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Ø
HARSB
JPA does not have a vice-chairman to run the meetings when the chairman is not
available.
o
Staff
Recommendation: JPA should establish a vice-chairman to the Board during the
annual chairman elections to run the meetings when the chairman is not
available.
Discussion: We do not have a Vice-Chairman address in the JPA currently.
Agreement: The Chairman and Vice-Chairman will be elected annually by the
representatives of the Members. The
Chairman will run the meetings, and in his absence the Vice-Chairman will take
his place.
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Office:
Ø
“The
principal office of the Board shall be at the Hayden City Hall, or at such other
place as may be designated by the Entities.”
o
Staff
Recommendations: Change the principle office to the WWTP Facility Office.
Discussion: Do we need this?
Agreement: Take this out completely
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Ø
The JPA
has meeting requirement, notice requirements, copying and other public entity
administrative activities which do not meet Idaho Code.
o
Staff
Recommendation: JPA shall be changed to meet public entity administrative Idaho
Codes.
Discussion: Will follow Idaho Code.
Agreement: HARSB will follow Idaho Code pertaining to meeting requirements,
notice requirements, copying and other public entity administrative activities.
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Equivalent Residence (ER):
One
equivalent residence is referred to as an “ER” shall be defined as the
wastewater treatment capacity [another
name could be Wastewater Availability
Charge (WAC)]
from one typical single-family residence, all residential users must purchase at
least one “ER”. The wastewater treatment capacity from one typical single family
residence is __________ (200) gallons per day, _______ (0.43) pounds of
biochemical oxygen demand (BOD5) and _________ (0.43) pounds of
{TOTAL} suspended solids (SS) {TSS} per day.
The
monthly charge shall be based on 6,000 gallons per month. (200 gallons per day
times a set monthly average at 30 days.)
Industrial Users: Industrial user shall have a minimum of one ER. Industrial
user with flows higher than 200 gallons per day or 6,000 gallons per month shall
purchase more than one ER’s.
An industry flow rate above one ER will pay for extra wastewater treatment
capacity based on the following formula: __________________________________
Industrial User: With higher BOD or TSS shall pay a higher fee for wastewater
treatment. The higher fees shall be based on the following:
Industrial User BOD x Factor x Flow Rate:
Industrial User TSS x Factor x Flow Rate:
Discussion: ER use needs to be uniform across the Board, discussion occurred on
this issue regarding what is an ER.. It was discussed that we have an
engineering recommendation for the numbers and place it in a reference table
that can be changed if needed depending upon what the plant needs, and not have
it as part of the JPA.
WU=ER
(Equivalent Residence)- Wastewater single use(wastewater treatment capacity from
one typical single family residence).
The reference table was discussed and will be on a future agenda with
engineers (including BOD, TSS, and gallons)
Agreement: Wastewater Single Use (WU)’s will be uniformly adopted by each entity
that participates. All users will purchase a minimum of one WU, which is defined
as wastewater from one typical single family residence. Users in excess of 1 WU
for residential or industrial purposes will be referred to the reference table.
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The term
“User” needs to be better defined.
Ø
Is a
“user” a lot of property, those “users” entitled to sewer service by virtue of
their location within the Entity Service Area, a structure, an individual, a
single family dwelling, someone hooked up to the sewer?
We have the term “user” described in various ways and it is not
consistent within the document, and/or associated documents of HARSB. In one
place all users shall pay O & M Fees, yet we do not charge those who have not
hooked up O & M fees, yet they are determined as users in another section of the
document.
o
Staff
Recommendation: The terminology
below is currently used in other HARSB documents:
§
Committed Capacity ER (Owner):
Property Owners that have paid for and/or paid for the right to connect to a
Member’s collection system.
§
Connected or Billable ER (User):
Those who are connected to a Member’s collection system.
§
No
Presales of ER’s.
All Future ER’s sold at the time they are connected to a Members’ collection
system.
Discussion: Someone who owns a WU, someone who is connected and using… vs.
someone who just has a WU but is not using.
The Committed Capacity ER was discussed on how to handle, and if we are
proceeding with this in the future.
Questions arose on how to handle the committed capacity; discussion occurred on
this but a determination was not made at this meeting.
Agreement: HARSB users are owners of a W.U., and connected to a member’s
collection system. HARSB’s
responsibility is to ensure that capacity is available for purchase. It was
determined that in the future we will not sell Committed Capacity ER.
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NPDES
and IDEQ permit changes and the effects on the entities:
Ø
Staff
Recommendations: As the permits change and imposed stricter regulations
(pretreatment,
PCB’s
etc.) on HARSB, the JPA needs to have language to protect HARSB NPDES permit
condition
and
ensure entity/user are in compliance with the permits.
Discussion: This needs be in the JPA.
Agreement: If NPDES and IDEQ permits change, that the entities have to follow
the permit changes.
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Powers
and Functions of the Board: sections 4-5
Ø
The
Hayden Area Regional Sewer Board should function in a way that items coming in
front of the Board should be able to be decided by that Board, and that the
entities will uphold the decisions of their chosen representatives.
In turn, the chosen representative is responsible for/to their respective
entity for his/her actions.
o
Staff
Recommendation: The HARSB Board members shall have the authority and represent
the positions of their entities without going back to entity for a decision.
Ø
Major
Decisions: The JPA states some major decisions need to be address by each of the
entities, if they come before the Board.
o
Staff
Recommendation: Major Decisions need unanimous (original agreement) vote or a
majority vote of the entities?
o
Review
the current JPA major decision item and establish a better defined list of what
is a major decision. Below is a list of some of the JPA major decisions that
need to be reviewed. Do these need to be received in the HARSB office in a
letter from the entity, minutes of the entity or resolution?
o
Sale,
Transfer, or Encumbrance of all or any part of the facility.
o
Adoption
of Yearly Operational Budget---
o
Expansion or Reduction of the Capacity of the facility except as specifically
in the
JPA
o
Modifications or Amendments of this Agreement
“Negotiation, amendment, or modification
of agreements for the acquisition or
disposition of rights in land and/or improvements, including, without
limitation, the
agreement for use of the Interim Drain field and for acquisition of the
Treatment
Plant
Site.” The drain field is no longer in use so this should be removed.
Question: Do all facility improvements; farmer agreements; Utility Easements;
surplus; etc. have to be run through each entity prior to our Board making a
major decision or for the Board to decide.
o
“Negotiation, amendment, or modification of agreements with Kootenai County
pertaining to the Airport Service Area.” This is not applicable since Kootenai
County is one of the Board Entities.
o
Establishment, modification, or revision of rates to be charged users in the
service area for sewer hookups, collection or treatment services;
Question: Does this mean every 6 months; the %’s to be charged the entities from
Connected or Billable ER’s need to go before the entity Boards for approval?
Committed Capacity ER changes, do even the changes that do not require a
Public Hearing require approval from the entities, is this majority or unanimous
decision??
o
Appointment, dismissal, establishment, or verification of the authority of
Managing Agent?
In order
for the Board to Hire/Dismiss an Administrator, it would take the action of each
of the entities? Majority or Unanimous…
If the
Board gives the administrator a spending limit, does that have to be approved by
all the entities?
o
The
resolution of a voting deadlock between representatives
o
Financial Obligations imposed upon the Board or either Entity over and above
those
imposed under a duly approved budget of the Board.
Question
any $$ figure or any $$ above a certain $$ amount
Discussion: What is the power of Board?
The Board can make all decisions, except on major decisions.
List the specifics on major decisions, and then majority vote or
unanimous vote. Litigation was deferred to the attorneys on whether or not this
is a major decision.
Agreement: The Board can make all
decisions, except on major decisions which will require entity written approval.
Major Decisions are:
Approval
of the Yearly Annual or any Sub-sequent Budgets
Modifications or Amendments of the JPA
Major
Decisions are decided by majority vote.
Personnel Issues should not be a Major Decision, but should be a unanimous
decision.
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Ø
The
fiscal year changed in 1996.
o
Staff
Recommendation: To change the fiscal year in the JPA.
Discussion: Fiscal year per HARSB Board determination.
Agreement: Fiscal year will be determined by the HARSB Board
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AWARD
Bid and Approval of Tractor with Loader Purchase
It was
moved by Stefan Chatwin, and seconded by Dan Green, to award the bid and approve
the purchase of the Ragan Equipment Purchase.
Roll
call vote taken:
City of Hayden- Stefan Chatwin- Yes
Hayden Lake Recreational Water and Sewer- Todd Walker- Yes
Kootenai County- Dan Green- Yes
Motion
Carried.
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Discussion Points and Ideas for Future Workshops:
Reference Table-Develop with Engineers
Committed ER Capacity
Litigation-Defer to Attorneys
Mandatory Annual Adjustment on the Capacity ER’s?, Sewer Service (O & M)Charges,
Replacement Fund
Expansion Issues
Termination/Arbitration/HARSB Future Provisions
Other
Ideas and Needs as they develop in the Workshops…
Meeting
was adjourned at 4:28 p.m...
Daniel
H. Green, Chairman
Stephanie Oliver, Secretary