Thursday, March 29, 2018
Monday, March 26, 2018
Tuesday, March 20, 2018
Letter to the BW&S Board - Jamie Berube
March 20, 2018
Re: Bayview Water & Sewer District –
Meeting Agenda
Chairman Doney & Sharon Meyer:
I was able to attend the board meeting
last month and was very disappointed with the following items and especially
the agenda. I have a suggestion I would
like considered and a request for an update regarding a topic discussed at the
February 15, 2018 meeting.
1.
I have pulled the
agenda for the meeting scheduled for March 21, 2018. To prevent unnecessary costs to the district,
I suggest not printing the agendas for those in attendance. After the last meeting, I saw several agendas
torn up and thrown on the ground outside of the community center. Unless the board members plan on cleaning up
the litter, don’t bother. The public can
print these if they are planning on attending meetings. Per the input at the meeting, these agendas
are worthless to the public because there are no talking points to follow your
discussions regarding specific topics.
There were several of us trying to figure out what you all were
discussing, which may have been in the “Consent Agenda” at the beginning. At the February meeting, the board stated the
information (talking / discussion points) are on their agendas, but not on the
public agendas. Why? This only added to confusing the public and
demonstrating the continual lack of transparency from this board.
2.
Per the request
of at least three individuals, including myself, there is no mention of a
monthly balance sheet that the public can review prior to the meeting to better
understand the financial status of the district and ask clarifying questions. Mr. Doney stated he would have to ask for
legal advice to provide such information to the public. It does not appear that this topic is going
to be addressed under the Treasurer’s Report, Old Business or New
Business. Am I to assume that neither of
you have discussed this matter with legal?
Budget information should be on the agenda under the Treasurer’s Report
each month. Oral reports are difficult
to follow and understand if they are not printed allowing the public to follow
along. Am I to assume that the public is
not going to be allowed to know income and expense without having to do a
“Public Records Request” each and every month?
3.
Lastly, I was
publicly scolded and threatened to close the meeting by Mr. Doney for
responding to an individual that interrupted me while I was asking a question to
the board regarding the Treasurer’s Report and providing a line item accounting
of monthly income and expenses as done by most public non-profit organizations. It is the responsibility of the Chair to keep
order at meetings and allowing off topic interruptions of how this board does
not get paid to have the evening meetings, how much time they devote to the
district, how you all have lives that go beyond the district and what a great
job you all are doing, was extremely inappropriate. Unfortunately, these planted / staged
individuals just made matters worse. It is
the responsibility of Mr. Doney, as Chair, to publicly keep order and
professionalism during the meetings and not allow the inappropriateness of such
off-topic interruptions.
In summary, I appreciate that a meeting
was held where those of us that are working during the day could attend. It is unfortunate that there will only be 4
evening meetings per year. Most other
public boards meet evenings to accommodate the public, such as the Kootenai
County Commissioners and Lakes Highway District. I would like to remind this board that you
chose to run for the positions you hold and were elected. Now you are public servants that are supposed
to exhibit transparency and fiscal responsibility to our community and to those
you serve. All I am seeing is the lack
of transparency, lack of fiscal responsibility and blame on the previous board
and employees for the poor decisions currently being made. It is okay to make mistakes, just take
responsibility and be willing to learn and revise decisions as necessary. I see no effort from this board to understand
the water and sewer systems and the reasons behind past operations of an
antiquated system. I think most agree
that improvements are necessary, but within reason and within budget. Before our district is totally bankrupt, please
reevaluate some of the decisions you are making. Please
let me know if this board has any plans to edit the agenda to inform the public
of the actual monthly income and expenses and if any actions will be taken to
better represent the topics of discussion.
Thank you,
Jamie Berube
(208) 683-5138 – Evenings or (509)
838-4651 x 012340 - Days
Sunday, March 18, 2018
BW&S Board Meeting
Just to keep you informed the next BW&S Board meeting is March 21st at 3:00 pm.
Be informed come to the meeting.
Friday, March 9, 2018
Response from Colleen Dahlseid to Rich Doney and BW&S
Editor Note:
Every posting on this blogspot is done after extensive research via the BW&S website, Public Records Request, and attending the BW&S Board meetings. We are presenting facts. Read and form your own conclusions.
Every posting on this blogspot is done after extensive research via the BW&S website, Public Records Request, and attending the BW&S Board meetings. We are presenting facts. Read and form your own conclusions.
"February
26, 2018
Mr.
Richard Doney, Chairman
Bayview
Water and Sewer District
P.O.
Box 637
Bayview,
ID 83803
Dear
Mr. Doney,
I
would like to thank you for your letter of February 1st in response
to my letter regarding concern for the district’s rampant
deficit spending. While I appreciate your response, I found some of it posed
more questions than answers. I would
like to ask for further clarification of some of the information you provided.
You
state that the fiscal year loss is totally due to the $73,445 vacation payouts
and severance package to former operators when you made the decision to go to
contract operations. I recall that the
board made a press release to the Shorelines publication at the time the
decision was made to make this change and publicized an $82,000 savings you
would realize by this move. Am I now to
understand that this $82,000 savings did not include the $73,445 payout? You knew of the payouts when you made the
decision to go to contract operations. This is very confusing to the district’s
consumers. I know that requests have
been made to the board to furnish us with the cost benefit analysis that you
performed and used as a basis to make this decision, but you refuse to release
that information. If this analysis were
made public, it would, perhaps, help us understand the fiscal year operations
loss and the losses we have experience in December, 2017 and January,
2018. This is our money. Why and how it
is being spent is our concern.
I
find it interesting that the usual, normal and on-going expenses for repair and
maintenance are now being labeled “neglected issues”, “poor installation” and
“lack of routine maintenance”. However,
we won’t find answers by defining the problem incorrectly.
You
stated in your response that you pay the contractors that Mr. Kuchenski hires
to do the maintenance and repairs a flat rate and are not charged for two
people even if two are sent. Following the meeting on February 15th,
I furnished you with the invoices from Lincoln Excavating that I referenced in
my original letter to you.
-2-
Both
invoices show that the district was charged $125 an hour for each of two people
in one instance ($250 hourly) and $100 an hour for each of 2 people in another
instance ($200 hourly). You and Ms.
Meyer assured me you would look into that apparent departure from your fee
structure. It is a lot of money, given
the fact that our former employee that did a large portion of this work was
paid $30 an hour. Our local excavating company used by our employee based
operators, when needed, was much less expensive.
Mr.
Doney, you failed to address the major issue in my original letter, to curb
spending until such time as a budget is implemented that realistically projects
costs, based on what you are spending under the contract operations management.
You
have budgeted $5,667 per month for water and sewer repairs and
maintenance. Here are the actual
expenditures for the last 3 months:
) November $19,604.
) December 20,347.
) January
4,387.
$44,338. An average of $14,779 per month.
Since
I know your fiscal year budget begins December 1st, if we adjust the
figures for just the first two months of your fiscal year—the average is $12,367,
that’s still 118% over your monthly budgeted figure, with all the repairs and
maintenance that is required in spring fast approaching.
I
fail to comprehend how you can manage the district’s finances, measuring performance
by a budget that is 118% off on just one line item. This immense disparity effects the budget in
its entirety—especially the bottom line and it appears we may have the same
issue in Professional Fees. The fiscal responsibility to get at the heart of
the problem and revisit and adjust the budget based on empirical spending rests
on this board.
In
addition, Mr. Kuchenski indicated he had a bid for $8,500 to convert the sewage
treatment site from the current manual operations to automatic. The previous
board continued with the manual operations to save the district money. If someone has to turn a couple switches to
continue the manual operations to save the district $8500, it needs to be given
serious consideration. I realize that
the contract operator wants to convert everything to auto so he does not have
to go on-site, however, is it cost effective?
What happens if the auto system fails?
With the continued deficit spending the district is experiencing in the
water-sewer maintenance category, we do not have $8,500 to spend for this
unnecessary expense.
-3-
How
do you intend to fund this deficit spending?
Your January 31st balance sheet shows that you transferred
$10,000 from the MWB Sewer Savings #8307 and
$10,000
from the MWB Water Savings #8299 into the General Checking #7564 to fund the
$23,439 loss in the month of December, which Mr. May’s financial report
at
the February 15th meeting failed to note—he gave the balance of
these accounts as if the transfers had not taken place?
This
board continues to fund deficit, over budget spending from the savings of the
prior board and employee operators. These
funds will be extinguished in a short time if this spending pattern is not
curbed. We see no attempt to adopt and
live by a budget that will protect the district’s assets.
Mr.
Doney, I come to you with these genuine concerns. I do not have a personal ax to grind. I realize we have an old system that needs
some attention, however, I firmly believe it should be addressed on an “as
needed” basis—not on an “as wanted” basis.
To experience a rate increase for failure to operate within the budget and
curb over-budget spending would be a violation of fiscal responsibility.
None
of us want to see that happen.
Again,
thank you for your time and consideration, I know many other users share these
same concerns.
Sincerely,
Colleen
Dahlseid
P.O.
Box 642
Bayview,
ID 83803
Monday, March 5, 2018
The Blame Game Part 1
March 5, 2018
The Other Side of BWSD
– The Blame Game Goes On –Part 1 of a 3 part Blog (by Karen Renner)
Note – I exclude Director Jan Jones
from comments regarding the current board.
She appears to be the only director willing to listen, ask questions and
apply logic. I am writing at length to explain
concerns with current operations of Bayview Water & Sewer District to
assist people who have only recently begun to follow.
Truth or Blame? If
you research why people blame others, it is simply to avoid admitting
culpability. Recent campaigns for
positions on the BWSD board focused on allegations of financial mismanagement,
a lack of transparency and poor customer service from the previous board and
district employees. No apologies were
offered when financial audits came back showing the district ran within budget
each year. The facts are, since Mr.
Richard Doney became Chairman of the Board in 2016, operation costs have
exploded and complaints by customers continue to increase. I am not talking about complaints from
citizens Mr. Doney refers to as “the group of eight haters”. I am referring to the growing number of
unsatisfied district customers frustrated by inadequate service or being given
inaccurate information.
The irony of this continual pattern of blame is that the
so-called irresponsible previous board and neglectful operators managed to
leave the current board with significant funds in savings!! How lucky to be able to spend so liberally because
of those who served before you.
Obviously, the previous board could have spent far beyond the budget without
consideration but chose not to. They too
could have allowed operators to call outside contractors to make repairs or
install service connections. Employees
could have gone home each day without any dirt on their hands or boots and
watched others complete ‘dirty labor work’. But they got by, replacing what was necessary
and carefully planning for when and how to make purchases within budget. Staying within budget was valued and some
replacements were pushed back when not imminently necessary (currently referred
to as ‘neglect’). Amazingly, the district
produced water through every storm, never flooded the sewer treatment site,
remained in compliance with permits and completed new service connections
without months of controversy.
We can continue to “chain blame” all day long, and it
accomplishes nothing except to confuse facts necessary for customers to
understand. Mr. Doney continues to
state various reasons why the district now fails to operate within budget since
converting to contract operations. With an intensifying need to “justify” deficit
spending, Richard Doney writes in a recent letter “In the past several months, we’ve incurred major expenses to repair
neglected issues, poor installation problems, lack of routine maintenance along
with a few unusual circumstances”.
Mr. Doney would ask us to believe that mud slides, electrical surges
during lightning storms, winter freezing and power outages are circumstances
exclusive to the past few months. Board minutes and operator reports over the
past several years outline maintenance performed, discussions on anticipated
work required moving forward and planning for operation expenses within the budget. (details included later in this letter). The previous operators were aware of many
things needing attention through daily checks or adjustments. They were also aware of many things that
could be upgraded but managed without the expense. A full time employee operator had the ability
to consistently monitor and make repairs, often without calling in another
company. A contract operator with 20
other systems to run does not have the time to dedicate to just one system
(hence constant requests to upgrade equipment to run automatically).
I reviewed board minutes, operator reports and recent
invoices obtained in order to understand facts.
The list below summarizes the maintenance & repairs completed. I did not include typical daily system checks,
performing requested locates, new service installations, reading meters,
routine septic tank pumping, etc. Minutes
and recent operator reports are available on the BWSD website for anyone
wanting to verify (I have been accused of bringing Fake News to Bayview). As you
can see, previous and current operators addressed problems with pumps, line
breaks, leaks and other maintenance/repairs in addition to new service
connections. So why the outrageous
increase in costs far exceeding budget??? Despite documentation in monthly
board minutes, the district maintains ‘major repairs’ are exclusive to the past
few months.
2016 - Maintenance
and Repairs documented by employees (operator reports available for the
last part of 2016)
·
Dromore addition - pump fixed
·
Re-wired timer on pump #1 Tri-Plex (main sewer
pump station which houses 3 large pumps)
·
Rebuilt one of the Tri-plex pumps
·
Repaired distribution leak at Vista Bay
·
Replaced transducer in main well pump house #7
after pressure sensor was malfunctioning
·
Replaced a pump on Hudson Bay Road
·
Repaired major water leak in Farragut State Park
(indicates 9 more aging joints need fixed)
2017 - January through August - Maintenance and
Repairs documented by employees
·
Replaced a bad check valve on Tri-plex station pump
#1; pumps 2 and 3 were not running on automatic and had to be run on manual
until United Crown found the voltage controller was not working and this was
replaced; verified fluctuating voltage
at peak power using times with KEC
·
Two new pumps purchased for Tri-plex
·
Repaired leaking sewer line to a septic tank on
Arapaho Drive
·
Mud slide on Cape Horn road, shutting off
section of water main to make repairs to main line and service connections
·
Pulled Pump #3 at the Triplex station and
replaced it with a new pump ($6,009.28)
·
Replaced a vent screen at the top of the main
water tower in Farragut
·
Serviced 2 septic tanks with flow issues
·
Repaired electrical breaker - Duwamish condos
·
Replaced generator battery at pump house #7
(main well house)
·
Serviced Cape Horn Main Pump station generator
·
Repaired water shutoff valves
·
Digging up and replacing two concrete top water
meter boxes
·
Sprayed out sand filters at the treatment site
·
Installed a new actuator for the sand filters
·
Treatment site spring maintenance: checking valves, inspecting all sprinkler
lines for any needed repairs, clearing brush & fallen trees and spraying
poison
·
Maintenance pumps at the Triplex, leaking oil
detected and repaired ($2,235.63)
·
(Reid Vacation coverage by Water System Mtg)
Water leak repaired at Duwamish, pulled pump under warranty at Dromore station ($4,064.50
Water System Mgt labor) ($590.84 excavation)
·
Treatment site operation maintenance: Rotating
sprinkler heads at treatment site for proper coverage; cleared site of weeds
and impeding trees; cleaned out the #2
and #3 sand filters; flushed the system
and cleaned the bottom of the pond
·
Installed a new pump at the Tri-plex
·
Repaired Leak at Lakeland RV ($1,790.84 includes
installation of a new meter on same invoice)
·
Serviced irrigation pump at the treatment site
($384.50)
·
Installed new septic tank motor at McDonalds
resort; re-plumbed to provide easier maintenance access ($4,656.80)
·
Repaired septic tank leak on 5th
street ($500)
·
Repairs to Pumping Failure Alarm at Cape Horn
Estates Booster Pumps ($300)
·
Tested calibration of water flow up on Cape Horn
Sewage Lagoon
2017 – August to
January, 2018 Contract Operator Maintenance and Repairs documented (no reports posted for August & September 2017, work identified via
invoices received from public record requests)
·
Repaired three treatment site flow meters
·
Hired company to inspect and clean water tower
($2,900), inspect water main on lake bed in Scenic Bay ($4,750)
·
Hired company to replace water meter on Cottonwood
Court ($2,500 – labor, 2 man crew @$250/hr)
·
Hired company to repair broken pipe in Dromore
Pump house ($800 - labor, 2 man crew @$200/hr)
·
Repaired breaker at Duwamish lift station;
installed new control panel and contactor ($2,038.45)
·
Repaired leak on Pend Oreille Pines Rd ($2,656)
·
Moved 2 water lines on Cape Horn Road as
required by Lakes Highway ($5,065)
·
Serviced LMI pumps and check flow meters ($2,031.45)
·
Winterized sewer treatment irrigation site
In the July 18, 2017 board minutes, the previous employee
operator reported that “in the near future the district will need to dig up and
replace the valves at MacDonald’s when the season comes to an end and things
slow down”. Did the new operator follow up on this? Is this neglect of repairs? If
so, by who?
At the regular board meeting on February 15th, I
attempted to clarify an example Mr. Doney cited as a recent major expense such
as “Major leak at Lakeland RV Park after Lakes Highway broke a pipe during
roadwork”. I called Lakes Highway
District, as well as the sub-contractor who did the work on Perimeter
road. Both verified they were notified
by the district operator of the leak discovery prior to road work starting, and
repairs were in progress the day road work began. Mr. Doney insisted (quite rudely) that I did
not know what I was taking about. I have
a picture taken on July 10th, 2017, the day work began to fix the
leak. It shows water pooling in the
access road to the RV Park and no road work in progress from Lakes Highway. It also shows the ‘locates’ which are spray
painted on the asphalt (which are typically called in a few days prior). Invoice for excavation work done was July 10,
2017, district operator provided labor to repair a 2” pvc broken elbow (major
leak). In my opinion, a public apology
is owed to Lakes Highway District since the letter is now posted on the website.
At the February 15th board meeting, Mr. Doney
presented a response (to a letter of concern submitted to the board by a
citizen) deflecting any responsibility for financial management decisions that
were fully within the discretion of the board.
1)
“Vacation
pay outs and severance package to former operators”: When Neil retired, Reid operated the system for
months by himself. Neil’s position did
not need to be replaced when there
was a fully licensed operator and a contracted back-up operator in place
(combined was thousands of dollars less per month than we are paying now to contract
operators). Mr. Doney states payouts
were an ‘unforeseen expenditure’ yet the board was aware of the amount of
vacation employees had. Neil’s vacation payout
could have been less impactful had the district chose attrition or delayed the
abrupt conversion to contract operations (thus avoiding an additional vacation
payout and severance package). These
decisions were choices of the board,
implemented without a transition or oversight plan in place addressing overall
financial implications Again,
blame and no responsibility taken. Again, savings funds were accessed.
2)
“Unexpected
costs have occurred…” Doney states aging equipment needs checked regularly,
and routine maintenance and repairs were neglected. Previous operators checked daily M-F, the
current operator does not. Why is there so
much blame assigned to typical issues with any aging system? Mr. Doney’s letter also states “Water line
break at Dromore booster due to incorrect piping and installation”. According to board minutes, Water System Mgt
completed work in June 2017 at Dromore when a pump went down (while Reid was on
vacation). Months after this work was
done, Dromore flooded and it was reported by a citizen because the contract
operator had not checked that location for 4 consecutive days prior. It’s
possible that a leak could have been detected before a total break, who knows. If something was done incorrectly, why is the
board not requesting Water System Mgt fix it?
Who determined the piping and installation were incorrect? Was it the company that originally installed
these pumps? I requested invoices for work done at Dromore to see who did
the re-plumbing and the district has not yet complied with my request submitted
3.1.18. These are questions the board
should be openly addressing, but fail to do so.
3)
“The
District incurred start-up costs for the upcoming Facility Plan”… This has
been an on-going subject for quite some time at meetings and we have no idea how
this expense will be covered. As of
January 31, there is only $12,990 left in the total FY budget for professional
fees (of $41,200 budgeted through the end of November 2018). We have yet to pay for the yearly audit which
is a substantial cost to the district. Once
again, this Board (under Chairman Doney) does not plan for, or execute fiscal
responsibility. How does the board plan
to cover the huge expense of the Facility Plan (which district cost may be as
much as $67,000 according to DEQ statements)? Savings?
DEQ application states the district has the funds to cover this.
4)
District
share of the grant for Cape Horn generators was $4639. Originally, the 25%
share cost of the grant was going to be off-set by credit for director and employee
labor. Again, Mr. Doney continues to
present large expenditures as ‘unexpected and unforeseen’ yet fully within the
repercussion of choosing to contract operations. With no employees to provide labor and
contract operators who do not perform this labor as part of their contract, the
district had to actually pay the full 25% share cost of the grant with district
funds…
This board appears to resist any information which may present
a different set of facts or perspective which, in my opinion, opens the
district to extreme liability and risk.
Examples:
·
This board contracted with an operator who did
not have a qualified license to operate the sewer treatment site. The board insisted it was OK because the
back-up charge operator was licensed, however, failed to confirm with the
back-up operator. Weeks later, DEQ
issued a letter of non-compliance (after I filed a complaint). The board then stated “the only reason we were
out of compliance is because they changed the rules”. I called DEQ to verify, no rules had changed
since Idaho Bureau of Licensing assumed oversight of licensure 5+ years
ago. The board did not read the Re-Use permit,
or call DEQ to understand requirements prior to making a decision to contract
with an unlicensed operator (land application/treatment site) and place our
system at risk. Nor did the board arrange for supervision, training or
oversight from a licensed operator until forced to do so by DEQ. The board trusted misguided information from
the new contract operator without verifying compliance requirements or facts,
and mislead the public during meetings.
·
In January, the new contract operator reported
that during the major power outage he was unable to start generators and that
the main well generator must be started manually (who is this a problem
for? It’s an older diesel generator).
o
Mr. Kuchenski had been the charge operator for
over 5 months and apparently never took the time to understand, check or
maintain generators prior to the first power outage that placed our community
at risk of being without water or pumping sewage
o
Mr. Kuchenski reported there was no schedule to
follow, but he would develop one
o
After this, Mr. Doney states in a letter that generator batteries were
corroded and needed to be replaced, suggesting neglect by previous operators and
reason the new operator was unable to start generators during an emergency
o
Board minutes in May, 2017 document previous
employee operators replaced the well generator battery - was this a bad battery under warranty? Same minutes also document maintenance on
another generator. Employees reported
routinely starting generators (and cleaning the terminals with baking soda) despite
not having a written schedule as they were able to track this being here full
time and having in depth knowledge of our system. Was baking soda thought to be
corrosion?
o
Not one director inquired of Mr. Kuchenski
during his report, asking when he last started the generators, serviced or
checked them. 5 months of being in each
pump station and not learning emergency operations is not acceptable (in my
opinion).
·
In January, Mr Kuchenski reported the well pump
could not be operated manually, which ‘placed us at the mercy’ of the system
during the same power outage.
o
Marsha Ritzheimer reported in a recent letter her
knowledge of 2 separate switches, both operational. I know Reid operated the well pump station in
manual mode, sometimes days at a time when necessary.
o
Mr. Kuchenski reported he has called a company
to come and fix the switch
o
Again, not one director asked the operator why 5
months had gone by without his knowledge of emergency operation. If there was switch problem, why was this not
found on routine checks? Marsha points
out, the main manual switch has a 10 minute safety delay, however, Mr.
Kuchenski reports the switch was ‘disconnected’. Mr. Kuchenski was also unaware of the instant
override switch.
o
Mr. Kuchenski could have stated he did not know
how, rather, he reports things were broken – things he didn’t bother to check
or learn about for 5 months.
I could give example after example of information reported
which the board accepts at face value, no questions, no verification and
questions about this are met with defensive and hostile tones. Oversight is the responsibility of the
board. On September 20, 2017, I wrote a
formal letter to the board asking what contract monitoring and oversight
processes were in place and have yet to receive an answer. People deserve the truth. It would be nice if the district would simply
take ownership of decisions they are making, as well as answer questions with
complete honesty. There is no money in
the monthly budget for loan re-payment (as the originally stated reason for
converting to contract operations). Fact
is, we will be asked to approve a bond this fall, and most likely more than
double our base water rates to cover loan re-payment because it is costing more
to contract operations. What started at
1.7 million for upgrades, the Letter of Interest to DEQ requests 3.3
million. The more we spend, the more the
engineering firm makes. Operations
become remote or automatic with limited on-site presence…everyone wins but the
customers who will pay substantially more.
Part 2 and 3 to follow, including facts surrounding the
infamous flooding of the BWSD sewer treatment site – stay tuned….
Friday, March 2, 2018
Letter to BW&S Board Date: 9.20.2017
Correction:
BW&S Board responded, but failed to answer most of the questions and failed to respond in writing to Karen directly and never posted their response in the website as requested
BW&S Board responded, but failed to answer most of the questions and failed to respond in writing to Karen directly and never posted their response in the website as requested
To: Bayview
Water and Sewer District Board
From: Karen Renner
Date: September
20, 2017
Re: Agenda
Item/Public Matters/Budget Clarification and Compliance Issues
I apologize that I am unable to attend the meeting in person, but
wanted to submit my concerns and questions in this letter. I remain very concerned with the outcome of
decisions this board has and is making on behalf of the customers of this
district.
Compliance Issues #1 – Violations of
the Idaho Open Meeting Law
The Executive Session held on August 10, 2017 violated at least 3 rules
of the Idaho Open Meeting Law.
1)
Executive sessions may take place only at valid
open meetings
2)
A public agency cannot conduct an executive
session to consider general staffing needs
3)
No executive session may be held for the purpose
of taking any final actions or making any final decisions
At the general board meeting on August 15th, 2017 ,decisions
made during the executive session were announced including the elimination of
two system operator positions, and the announcement of which contractor was
selected for operation of both the water and sewer systems. The law states “Failure to follow the
procedural steps for a valid executive session will invalidate any action taken
as a result of the executive session.
Additionally, it may subject the board members to the liability for
those actions”.
The customers of this district have a right to request that
the board acknowledge these violations, and adhere to the principles of open
and transparent government. As stated in
the law, a violation is cured by repealing any action taken at an illegal
meeting or disregarding deliberations made in violation of the Open Meeting
Law. Should it choose to, a governing
body may, in a properly noticed meeting, repeat the deliberation(s) that
occurred at the illegal meeting.
Additionally, the district has failed to comply with
requirements for taking and posting minutes of all meetings, specifically all
“Special” meetings held.
Compliance Issue #2 – Non Compliance
with DEQ Reuse Permit M-105-04
Since dismissal of the previous system operator 8/14/17, permit
compliance has not been met as follows:
·
Effluent flow meters have not been read daily
·
BWSD operating without a properly licensed
charge operator for the treatment site
·
Proper chlorination of wastewater has not occurred
·
Proper application of wastewater to irrigation
fields has not been maintained
·
Two weekly wastewater grab samples exceeded
maximum allowable limits for coliform bacteria (one sample prior to the
overflow exceeded permit limits by 7x indicating the system was operating with
no chlorination)
·
BWSD failed to report these test results to DEQ within 24hrs of becoming aware (any
violation which may endanger public health or the environment)
DEQ
Investigation Report of Overflow at the Treatment Site on 8/31/17:
BWSD cited suspected vandalism and no
risk to public health and the environment in an incident report issued. On 9/12/17 DEQ issued a memorandum of the
overflow event on 8/31. This report has
not been referenced by the district, and is not on the agenda for the meeting
9/20/17. The report summarizes the
following:
·
Water spraying
form a broken sprinkler riser due an aged PVC coupler breaking lead to overflow
from the access road and onto a forest service road
·
Broken sprinkler
risers have been a common problem at the site in the past due to falling trees,
impacts by animals and general aging of the system
·
Mr. Kuchenski
reported he had been ensuring the chlorine system was being properly refilled
·
Mr. Kuchenski was
not a properly licensed charge operator
·
BWSD was in the
process of contracting with a licensed charge operator
What I have learned, which is not in the
report is the following:
·
DEQ did not
review chlorination logs, or request results of recent wastewater test
samples. During the investigation, BWSD
failed to disclose the most recent test result which exceeded coliform bacteria
permit limits by 7x. the week prior to the overflow, showing the system ran for
a period of time with no chlorination
·
Allegations of
vandalism were investigated by law enforcement and closed
·
Operator ran the
same irrigation area continuously for 15 days, which saturated the area where
the break occurred (estimated over one million gallons applied)
·
Previous
operators had been replacing aged couplings with a thicker, more durable
coupling – I have been told there is a box of these new couplings in the supply
room
·
BWSD board will
apparently take no responsibility to correct previous false claims and
accurately report to the customers
System
monitoring activity – comparison between employee data and contractor data
Triplex
Pump station log data (main hub for transfer/pumping wastewater to treatment
site)
Between 7/15/17 and 8/14/17, checks were
documented 21 of 31 days, missing weekend days
Between 8/15/17 and 9/14/17, checks were
documented 8 of 31 days, missing weekends and 11 consecutive days over Labor
Day weekend.
Pump House #7 Log Data (main
water pump house for Bayview)
Between 6/15/17 and 8/14/17, checks were documented 44 of 61 days,
missing weekend days
Between 8/15/17 and 9/14/17, checks were documented 8 of 31 days,
missing weekends and 7 consecutive days at one point, and another period of 7
days over Labor Day weekend
It would appear our new system operator, and all of his employees were unavailable
over the extended Labor Day Holiday to conduct monitoring checks and meter
readings at the two critical pump houses for both wastewater and water. The customers of this district were told at
the general meeting Aug 15th that Integrity would be operating our
system daily – Could the board please define what the definition of daily
is? In my opinion, inconsistent checks
of our very expensive pumps and systems at extended intervals throughout each
month is unacceptable, placing our district at high risk for system failures by
not detecting problems early and conducting repairs.
Budget
Considerations and Clarifications
Our
current surplus/savings after contracting operations out is $26,160 less than 2
years ago when we had three full time employees, dedicated exclusively the
operations of our district.
The cost/benefit analysis for
contracting out is unknown, as these deliberations took place in a closed executive
session. Points I would like to have the
board consider and explain:
·
What would the
cost of one system operator be to the district? (Salary, no overtime)
·
What would the
cost of an employee operator in training be, part time through the summer
months? (increased resources trained specifically to our system)
·
What duties did
our employee operator perform throughout the year that are not part of the
contract operator duties?
·
How has reduced
office hours benefited customer service?
·
Customers were
told all staff of Integrity are licensed operators. Could you please clarify which licenses these
employees have? Has Bob K. been a
responsible charge operator of a sewer system?
·
Previous operator
was working average of 50+ hours per week after Neil retired and running our
system in compliance – how does Integrity intent to achieve this level of
service and compliance with a staff of 3, who also run 20 other systems?
·
Is there a
corrective action plan and contract monitoring process in place?
·
Wastewater
contract specifies unanticipated fees are not included in the contract – many
of these duties were performed by our employees which will now be an additional
cost @ $45/hr (ie annual report writing, system failures, broken collection
system pipes).
·
It is costing the
district more money to contract daily routine system operations, compared to
claims that we are saving $82,000 by contracting system operations. We cannot determine how much more because of
the contract add-on charges for unanticipated costs for both the water and
sewer system which will accumulate throughout the year. Same for general contract labor previously
done by employees.
In summary, the current BWSD board has
increased costs, increased rates, decreased customer service, decreased
frequency of system operation, eliminated historical expertise of operations
and failed to ensure compliance with operating permits. They have all but eliminated our ability to
participate in community emergency disasters such as the Cape Horn fire where
our system operators worked with fire crew around the clock regarding access to
water supplies. With Integrity servicing
20 other districts, I am certain that each of their customers will expect to be
first in line for emergency response during winter storms, fires, power outages
etc. I did not take the time to touch on
ethical issues, such as back dated contracts or deceptive posting of a recent
special meeting – that can be shared at another time. Our community deserves better than this, and
I consider the decisions being made by the current board to be reckless and
narrow minded. I define the character
of this board by one example. When Reid
was terminated on the spot with no warning, he was allowed a short time to
gather his personal belongings of 10 years in the office. During this time, the
board sitting before us now was celebrating, in his presence, with cake and
ice-cream. Ms. Meyer went so far as to
offer cake & ice cream to him as he was on his way out. This level of conduct is embarrassing and
insulting, and exemplifies why two of our three previous employees walked off
the job.
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