North Kootenai Water District


May 17, 2007


Board Meeting Minutes


A.    Call to Order/Roll Call:


      Meeting called to order at 12:30 p.m. by President Davis. 


       Present:             Jack Berger, Director/Vice President

                                 Tom Crimmins, Director

                                 Linda Davis, Director/President

                                 Richard Fairhurst, Director/Secretary

                                 Maimie Moore, Director


       Staff Present:      Mike Galante, District Manager

                                 Mike Ormsby, District Attorney

                                 Phil Boyd, District Engineer


       Visitors:             None


B.        Consent Agenda:


1.         Minutes of 05/03/07 Board Meeting

2.         Minutes of 05/04/07 Special Board Meeting

3.         Bills for April 2007

4.         Financial Statements for April 2007


Approve Consent Agenda.


Director Berger – motion, Director Moore – second.

Approved unanimously.


C.        Oral Communications:




D.        Written Communications:


1.         Bill from Bud Ford for mowing at Hayden Pines Well – Denied.


E.         Treasury Report:


No action.


F.         District Attorney – Mike Ormsby:


       1.     Executive Session:


              Into Executive Session at 12:37 p.m.

               Out of Executive Session at 1:09 p.m.


Discussed real estate acquisition and transfers, personnel matters, and legal advice regarding water rights.


2.         Water Rights – Sierra Club Protest:


See F1.


3.         Conservation Plan:


Waiting for completion – probably mid June.


4.         Wal-Mart Development Agreement:


Agreement sent to Wal-Mart via C.L.C.


G.        District Engineer – Phil Boyd, P.E.:


1.         SH-41 Transmission Line – Twin Lakes:


Twin Lakes Village wants realignment out of road – willing to give easement on golf course property or use NKWD blanket easement.


Pay Arthur Scarcello $1,000.00 for crossing his 10’ wide property with pipeline.


Director Crimmins – motion, Director Berger – second.

Approved unanimously.


2.         Conservation Plan:


See item F3.


3.         Capital Improvement Plan:


Discussed 3 year Capital Improvement Plan handed out (revised copy).


4.         Selkirk Meadows:


Reduce Capitalization Fee to $500.00 per connection.


Director Crimmins – motion, Director Berger – second.

Approved unanimously


The Board directed staff and its engineers to work with Mr. Sylte on the Selkirk Meadows project (“Project”) and assist him in any way possible.  During the course of these discussions, inadvertent impressions about the level of the Capitalization Fee were left with Mr. Sylte and for very understandable reasons Mr. Sylte and others associated with the Project did not specifically check on the level of Capitalization Fees with representatives of the District beyond these comments.


The Districts current Cap Fee for a new hook up is $2,700.  (In addition to this amount, developers are typically required to install the necessary infrastructure to serve the residences they are constructing, at their own expense, and according to District specifications and standards.)  The District’s regulations provide that for a development of fifty (50) ERU’s or more, the District is willing to calculate a “Custom Cap Fee”.  Even though the Selkirk Meadows project is only forty-eight (48) lots, the District did calculate a “Custom Cap Fee” of $1,600.


After a presentation by Mr. Sylte and his son at the May 3, 2007 Board meeting, the District Board requested that their staff and engineer examine the “Custom Cap Fee” calculation and see if it took into account all appropriate factors.


The District staff and engineer did examine the “Custom Cap Fee” calculations and also considered that Mr. Sylte did create additional fire flow and therefore protection for other properties in the area, he is transferring an excess water right to the District and also drilled and is transferring a second well to the District.  These contributions, as well as the inadvertent representation that the cap fee would be in the neighborhood of “$500.00”, leads the Board to conclude that the “Custom Cap Fee” for Selkirk Meadows should be set at $500.00.


5.         Atlas Acres (added):


Approve Change Order #1 for $7,670.00 for PLC radio link and programming.


Director Crimmins – motion, Director Berger – second.

Approved unanimously.


6.         Louisiana Pacific/Government Way Water Main (added):


District Manager to void unsigned agreement for pipeline over-sizing and District Engineer to determine Louisiana Pacific needs and required pipe size.


H.        District Manager – Mike Galante:


1.         Water Rights – Projections & Applications:


Need to perfect permits to license at four wells.  District Manager to get dollar range from certified water right examiner – Gene Godard.


2.         Gozzer Ranch:


No action.


3.         Verizon Proposal:


No action.


4.         Twin Lakes Well:


75 hp. Gould pump & motor selected.


5.         Gem Shores/Hayden Haven:


Meeting with residents, NKWD manager & Hayden Lake Recreational Water & Sewer District Board set for 06/28/07.


6.         East Seasons Reservoir:


Approve & sign notice to proceed for $24,999.00 to Lawrence Construction for 10,000 gallon reservoir.


I.           Board Members:


       No items.


J.         Adjournment:


Meeting adjourned at 3:02 p.m.


       Director Berger – motion, Director Moore – second.

       Approved unanimously.






Richard Fairhurst, Secretary/Treasurer