North Kootenai Water District

 

March 5, 2009

 

Board Meeting Minutes

 

 

A.        Call to Order/Roll Call:

 

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

 

       Present:             Tom Crimmins, Director/President

                                 Richard Fairhurst, Director/Secretary

                                 Alanna Grimm, Director

                                 Jack Hern, Director

                                 Shirley Stoller, Director/Vice President

 

       Staff Present:      Mike Galante, District Manager

                                 Phil Boyd, District Engineer

                                 Mike Ormsby, District Attorney

 

       Visitors:             Doug Weir, Russ Helgeson, Larry Spencer (12:36)

                                               

B.        Consent Agenda:

 

1.         Minutes of 02/19/09 Board Meeting.

 

Approve consent agenda.

 

Director Hern – motion, Director Stoller – second.

Motion approved unanimously.

 

C.        Public Hearing – The Falls at Hayden:

 

Open Public Hearing at 12:31 p.m.; no oral or written comments. 

 

One parcel on English Point Road to be subdivided into 26 lots; needs new will serve letter.  Need to develop new system facility plan.

 

Closed Public Hearing at 12:38 p.m.

 

D.        Oral Communication:

 

1.         Doug Weir, 8777 Clarkview Place – protesting LID No. 1 assessment on vacant build-able lot that according to Mr. Weir will never be built on as long as he owns it.  Attorney to draw up a Covenant Agreement for potential assessment sales.  Lot to be put on Assessment Sale list.

 

2.         Larry Spencer, Cedar Hills Estates – claims that the District Manager refused to comply with Idaho Public Records request for emails; RE:  Wal-Mart and Spencer studies and associated tabular results by Engineering study.  Records not in NKWD’s possession are not necessarily public records.  Spencer needs letter listing which records do not exist.

 

E.         Written Communications:

 

1.         Jack Schnable, LID #148 – received letter dated 03/20/09 requesting that parcel be placed on Assessment Sale list

 

1:13 p.m. Spencer left meeting.

 

       Put Weir & Schnable lots on Assessment Sale list.

 

       Director Hern – motion, Director Grimm – second.

       Motion approved unanimously.

 

       Nature Conservancy and Rick Ellingsen parcels on list; add Sean Characky parcel to list.

 

       Director Hern – motion, Director Stoller – second.

       Motion approved unanimously.

 

F.         Treasury Report:

 

Handed out updated report and discussed by Engineer.

 

G.        District Attorney – Mike Ormsby:

 

3.         Annexations:

 

Handed out draft annexation order for review.  Add waiver of fees resolution as discussed at 02/19/09 Board meeting.

 

Director Hern – motion, Director Grimm – second.

Motion approved unanimously.

 

4.         Order Adopting The Falls At Hayden Annexation:

 

Approve moving forward with annexation order but hold approval to next meeting.

 

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

 

1.         Project Overview:

 

Handed out and discussed updated overview.  Set 03/11/09, 10:00 a.m. – 1:00 p.m., at Welch Comer’s office for workshop on Bond Issue and Executive Session.

 

Director Hern – motion, Director Stoller – second.

Motion approved unanimously.

 

G.        District Attorney – Mike Ormsby:

 

3.         Annexations:

 

Pass Resolution #2009-03.

 

Director Grimm – motion, Director Stoller – second.

Motion approved unanimously.

 

1.         Executive Session:

 

Into Executive Session at 2:40 p.m. (Idaho Code 67-2345F)

 

Director Stoller – motion, Director Grimm – second.

Motion approved unanimously.

 

Out of Executive Session at 3:05 p.m.

Discussed litigation, potential litigation, and personnel.

 

2.         Sierra Club:

 

No discussion.

 

 

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

 

2.         Water Rights – Capital Improvement Projects:

 

Handed out and discussed flow chart

 

Director Hern left meeting at 3:24 p.m.

 

3.         IDEQ Facility Plan Task Order:

 

Handed out new facility plan review and discussed apportion plan cost among new developments to reimburse NKWD for costs.

 

Director Stoller – motion, Director Grimm – second.

Motion approved unanimously by those present.

 

4.         Wal-Mart Mitigation Fee Update:

 

Wal-Mart to pay all additional NKWD costs over 2001 estimate, including IDEQ Facility Plan & include 10% contingency.

 

Director Grimm – motion, Director Stoller – second.

Motion approved unanimously by those present.

 

Manager to send cost letter to Wal-Mart.

 

I.           District Manager – Mike Galante:

 

1.         Dodd Road – Late Comer:

 

Nothing new.

 

2.         4-S Ranch:

 

Annexation petitions sent out 03/03/09, to be returned by 03/18/09.

 

3.         Arrow Point – Water System/Lakeshore Lodge:

 

IDEQ does not like the idea of taking fire hydrant off raw water line.  Steve Cordes, NKWD, IDEQ, and Gozzer personnel to meet.

 

4.         Walgreen’s:

 

CRG Group has not yet paid mitigation fee.

 

5.         LID No. 1 Payments/Reserve Account:

 

       Put additional monies into reserve account.

 

       Director Stoller – motion, Director Grimm – second.

       Motion approved unanimously by those present.

 

Director Fairhurst left meeting at 4:35 p.m.

 

6.         Gozzer Rates/Amend Agreement:

 

No action.

 

J.         Board Members:

 

No items.

 

K.        Adjournment:

 

Meeting adjourned at 4:52 p.m.

 

       Director Stoller – motion, Director Grimm – second.

       Motion approved unanimously by those present.

 

 

 

                                                                                   

Richard Fairhurst, Director/Secretary