Lynne Danielson Elected President Lynne Danielson, Commissioner, Tahuya River Valley Water District was elected President of the Washington Association of Sewer and Water Districts for 2001-2002 term. Lynne is the sixth president of the Association since its inception in 1996. She is employed as the Office Manager of Olympic View Water and Sewer District in Edmonds. Larry Jones, Commissioner, Alderwood Water & Wastewater District was selected by the members to serve as Vice President. Larry is the Assistant Manager for Coal Creek Utility District. Larry also chairs Section III meetings each month as the At-Large-Board Member. Ken Goodwin, Commissioner, Woodinville Water and Wastewater District was elected to the Board by the membership and elected to serve as the Associations Treasurer for the coming year. Ken is employed by Alderwood Water & Sewer District as its Director of Finance. Ken is also the President of the Water & Sewer Risk Management Pool. Matt Warner, Commissioner, East Wenatchee Water District was was elected to the Board by the membership and elected to serve as the Association’s Secretary. Matt has served as a Douglas County Commissioner and as a Director of N. Central Washington Take Pride in America. Five Elected to Board of Directors Five positions were up for election at this fall’s annual meeting. Two water only, two sewer only, and one combined district position. Water only positions were filled by Matt Warner, East Wenatchee Water District, and Marcus Hoffman, Silverdale Water District. Sewer only saw Dean Takko, Beacon Hill Sewer District returned to the seat he was appointed to earlier in the year, and Art Wadekamper, Ronald Wastewater District elected to the other position. Ken Goodwin returned to the Board when he was elected to fill the combined district seat. Each of these members of the Board were elected for three year terms. Their first Board of Directors meeting will be on October 22 at Silverdale Water District. Annual Meeting Saw Changes in Bylaws and Adoption of new Budget The members adopted the 2002 annual budget which is essential the same as the 2001 budget with few changes. The budget development process this year was different than in years past. The various Association standing committees responsible for activities that spend or earn money were asked to develop their portions of the 2002 budget. Government relations, Conference, Education, PublicPresident’s Corner It has been a few years since your Association President has utilized our newsletter to discuss issues and directions with the members. One of my first actions as President is to reinstitute a monthly column in the PIPELINE. I will address challenges facing the Association, emerging issues, and ideas for improving our Association. At the Fall Conference Banquet in Wenatchee I stressed that committees will be playing an everimportant role in the operations of the Association. I know time is a premium for each of us, but your contribution, by participating on a committee, is invaluable. Members of the Board of Directors will be convening each committee within the next 4-6 weeks. Whether you are a district commissioner, a district employee or one of our many associate members I invite each of you or a member of your organization to reveiw the attached committee list and select a committee to serve on. I am looking forward to a productive year. Bylaws, Relations, and Employee Level Management committees each reviewed their budget needs and contributions prior to the final development of the budget. As a result more members than ever before were engaged in the development of the Associations annual budget. Several new bylaws amendements were also adopted during the meeting. Most significant were amendments consolidating and eliminating some of the many of the Association’s standing committees. Government Relations and ESA Committees were combined, Personnel and Finance committees became one, and the Conference and Education committees were brought together as the new Leadership Development Committee. The membership also approved the contined development of a commissioners leadership development program. The work of compleating this project will now fall to the Leadership Development Committee. The awards program was moved from the Executive Committee to the Nominating Committee and finally the title of the Assocation’s Executive Administrator was changed to Executive Director to be accordance with other similar positions in other associations. Lynne Danielson President WATER-SEWER DISTRICTS: GET YOUR COMP PLAN APPROVED RIGHT! By Hugh Spitzer, Foster Pepper & Shefelman PLLC A legal detail frequently overlooked by water and sewer districts is the proper approval of district general comprehensive plans – and amendments too. Chapter 57.16 RCW provides an arduous scheme for adopting a district’s sewer or water “comp plan”: · Investigation, planning and engineering · Adoption by district board resolution · Submission to the county engineer for approval, conditional approval or rejection within 60 days · Submission to the county health director for separate approval, conditional approval or rejection within 60 days · Additional 60 days given to county engineer and health director if they find that sufficient time is not available to adequately review the proposed plan · Approval, conditional approval or rejection by the county legislative authority within 90 days of submission (with an extra 90 days if the county legislative authority finds that time is insufficient to adequately review the proposed plan) · Approval, conditional approval or rejection by the council of each city or town in which the district lies, within 90 days unless an extra 90 days is necessary because of inadequate time for review · Submission and approval by “any state agency whose approval may be required by applicable law” (i.e., the State Department of Health or the State Department of Ecology, depending on project type) RCW 57.16.010 requires that these steps be repeated each time the District amends its water or sewer comp plan. These hoops are complicated. They are bothersome. They are time-consuming. They frustrate special district board members, their staff and their engineers. But there’s a reason for this detailed approval process. The Legislature has consistently determined that key land use decisions are to be made by general purpose governments like counties and cities, not by special purpose utility districts. During the 1960’s and 70’s, there were instances of water and sewer lines being extended into new areas without proper advance planning. This contributed to zoning incongruities, congestion and unplanned sprawl. The comp plan approval requirement was meant to assure that utility expansion would go hand in hand with appropriate zoning and with planning for roads, stormwater and other infrastructure improvements. The water and sewer district law also requires that connection charges be based on an adopted comprehensive plan, although a recent Court of Appeals decision in which Foster Pepper & Shefelman represented a district, held that plan approval by the County was not necessary for purposes of rate setting pursuant to the plan. Adoption by the District’s board was sufficient. Silver Firs Town Homes, Inc. v. Silver Lake Water District, 103 Wash. App. 411 (2000). But for construction, failure to comply with the complicated requirements of Chapter 57.16 RCW will result in a loss of legal authority to spend money on a project (RCW 57.16.015) or an inability to issue bonds for project construction (RCW 57.16.010; 57.20.018). A district may do preliminary engineering, surveying and other planning work prior to adoption of the comp plan or an amendment. But it can be exceedingly frustrating for a District to have a project stopped dead in its tracks because the district did not start the approval process early enough to have all the county letters and resolutions in place by the time a financing is to take place or construction is to begin. Engineers and staff often believe that if they have an approval letter from the Department of Ecology, the Department of Health and the applicable County agency, nothing else is necessary. This is dead wrong. The statute is crystal clear. The steps must be followed to the letter. And please don’t blame the general counsel or bond lawyer for calling the statute to the district’s attention. (It’s not fair to murder the messenger!) The key is early planning and coordination with county and city officials. Our experience is that most jurisdictions are ready, willing and able to help so long as they receive adequate notice. That enables everyone to do their jobs and keep needed projects rolling forward. 2001 Fall Conference Sponsors The following firms contributed $500 or more in support of the Association’s 2001 Fall Conference. Your continued support for these firms is appreciated and we urge you to thank them next time you have the opportunity Annual Awards The Washington Association of Sewer and Water Districts’ annual awards were presented during the Fall Conference off-site dinner at Red Tail Canyon Farm. This year’s award winners are: Commissioner of the Year John Thompson, Commissioner, King County Water District # 125 received the 2001 Commissioner of the Year Award. John was recognized for his support of his District’s ratepayers and the Association. John Chairs the Associations Long Range Planning Committee and serves on a host of other committees. John has served his ratepayers for 8 years as their water district commissioner and also represents their interest as a citizen advisor to the local sewer district. John is also recognized as one of our country’s leading restorer and collecter of Tonka toys. Manager of the Year The 2001 Manager of the Year Award was presented to Dean Thiem, Manager, Penn Cove Water and Sewer District. Dean originally served as a Commissioner of Penn Cove Park Sewer District & Penn Cove Park Water District.. As a sewer commissioner he was instrumental in upgrading the system. When the neighboring Penn Cove Park Water District found itself in trouble and on the verge of losing all its commissioners, Dean stepped up and assisted the district in appointing a new board of commissioners including accepting one of the seats himself. He then worked to merge the two districts into a new combined district doing much of the merger work himself. After the completion of the merger Dean then resigned his seat as a commissioner and became the District’s first manager. Dean has found time to work on behalf of the Association by presenting a workshop at the Annual Commissioners’ workshop and was instrumental in starting the Association’s surplus property program. Another Dry Winter In Store ??? By Ted Buehner That is the question on many minds as September ends on a dry note, with early October following suit. Here’s the straight skinny. After two years of La Nina conditions in the tropical Pacific in 1998-99 and 1999-2000, producing above normal precipitation in Washington state, a weak La Nina produced our second driest winter in 106 years last year. Water conditions are at their lowest levels since our worst dry winter on record in 1976-77. Well, no La Nina for this winter, and no El Nino as well! “Neutral” conditions or near-normal sea surface water temperatures exist in the tropical Pacific. This condition means Washington state will have more variable weather conditions with equal odds of above, near, or below normal temperatures and precipitation. So, what does all that mean! First, there is no physical reason for a repeat of last winter’s dry conditions - that is good news! Second, we can expect more snow in the mountains than last winter by next spring - more good news! Third, of the 25 wettest winters in the last 50 years, 18 of them were in “neutral” years - even more good news! Highly variable conditions means just that, expect periods of wet weather, dry weather, warmer than normal weather, and cooler than normal weather throughout the winter. And do not be surprised if we get one or more arctic outbreaks from Canada, or a wind storm or two in western Washington. Are you ready for potential electric power outages from these storms? The Climate Prediction Center (CPC) of the National Dry Winter, continued Weather Service issues the seasonal outlooks you’ve seen me present at your fall conference in the past. The outlooks are on the web at www.cpc.ncep.noaa.gov , and updated during the third week of each month. The next update is scheduled for October 18th. You will also find the latest discussion on any evolving La Nina or El Nino conditions, plus much more. Finally, and of specific interest to us for this winter, the folks at CPC are watching the potential for an evolving El Nino event for the winter of 2002-03. What makes this so significant is that our history shows we tend to get a “pineapple express” heavy rain event in the winter BEFORE an El Nino winter. So, we are on the lookout for event and its accompanying major river flooding this winter. Our flood season (outside of the snowmelt season east of the Cascades in late spring) is November through February, and it peaks in November. For your latest weather forecasts and conditions, monitor your local NOAA Weather Radio station and our web sites in Washington at www.wrh.noaa.gov/seattle www.wrh.noaa.gov/spokane www.wrn.noaa.gov/portland www.wrh.noaa.gov/pendleton Be safe this winter! Ted Buehner Warning Coordination Meteorologist National Weather Service - Seattle/Tacoma District of the Year Karcher Creek Sewer District (formerly Kitsap Sewer District #5 received the 2001 District of Year Award for the inovative way they have addressed problems faced by most sewer utilities and for their support of the Association. Both the District’s manager and one of the Commissioners have served on Department of Ecology’s Water Quality Partnership committee for many years. District staff and consultants have presented workshops at Association Conferences over the years on some of the inovations they have put in place in their District. The Distict has supported Commissioner Jim Hart’s years of service on the Association’s Board of Directors. Distinquished Service Award Alderwood Water and Wastewater District is recognized with the 2001 Distinguished Service Award for their support of the districts and communities surroundingAlderwoods service area. The District supports its many employees as they serve on Special Purpose Water/Sewer Districts in King and Snohomish Counties. For their efforts as one of the first utilties in Washington to meet the project restrictions introduced by the Endangered Species Act, and for their efforts in taking the sewerage tax issue to the Washington Supreme Court. Association members are urged to begin considering award nominees for next years awards. The Executive Committee will no longer be tasked with selection of award recipents. The recent amendments to the Bylaws shifted that responsibility to the Nominating Committee. Awards criteria was changed for the year 2002 and beyond. Rather than limiting Commissioner, Manager, and District of the Year Awards to those who have most supported the Association, the Awards will also recognize those who have made significant contributions to their ratepayers or the community in addition to their support for the Association.