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Council MIN 09-15-1992 Special Study Session Joint Meeting Federal Way City Council & Sewer/W arer District Commission September 15, 1992-7:00 AM A Special Joint Study Session of the Federal Way City Council and Federal Way Water and Sewer District Commission, was called to order, at the hour of 7:05 a.m., on the 15th day of September, 1992, in the City Council Chambers, Federal Way City Hall, 33530 1st Way South, Federal Way, Washington. City Council members present: Mayor Robert Stead, Deputy Mayor Joel Marks and Lynn Templeton (both arrived at 7:08 a.m.), Ray Tomlinson, Ron Gintz, Mary Gates, and Skip Priest (arrived at 7:10 a.m.). Commission members present: Beverly J. Tweddle, Donald L.P. Miller and Dale A. Cap. City staff present: Kenneth Nyberg, Acting City Manager; Carolyn Lake, Acting City Attorney, and Maureen Swaney, City Clerk. Water and Sewer District staff present: Steve Pritchett, Attorney; Steve Wienike, Director of Engineering/Technical Services; Roger Brown, Director of Finance/Administration, and Don Young, Director of WaterlSewer Operations. Mayor Stead said the purpose of this meeting was to discuss the merger of the City of Federal Way and the Federal Way Water and Sewer District. Ms. Tweddle said that in the past the merger was not pursued because the residents in the District outside of the City boundary objected; it was felt that when, and if, annexation of this area occurred a merger might then be in order. She said she would be inrerested in knowing if that opposition still exists and if so, to what degree. Mr. Miller said his concern is with the people factor, namely the staff of the District, and with funding issues. Mr. Cap explained on-going issues concerning the treatment plant and certain operations of said plant which need to be resolved. Mayor Stead said these issues could be resolved by either the Commission or with an oversee committee. Ms. Tweddle said that theory is fine but she held concerns that members of any committee would be hand-picked by the Council, and those members would fall ORIGINAL Special Study Session Joint Meeting September 15, 1992 Page 2 in line with Council positions; this is a weak model. Mr. Miller said the decision should be left to the ratepayers. Mayor Stead explained the process set forth under state law for the assumption of a water and sewer district by a city and pointed out that the process included the opportunity for public (ratepayer) input at the public hearings. Deputy Mayor Marks said he was disappointed that the Board had not brought some ideas to this meeting to address the concerns of the City Council which are prompting the assumption action. Ms. Tweddle said that a suggestion was made at the September 3, 1992 Commission meeting to expand the existing Commission to be five members; she thought it would be beneficial to survey the ratepayers on this suggestion. She said she would favor a 5-member Commission. Ms. Gates reminded everyone that this issue was not a new one. She said she would be committed to representation issues, consolidation issues, operational efficiency issues, coordinated waterlsewerlland use issues along with continued and sensitive support for existing waterlsewer staff. She said that under the provisions of the assumption process, the 6-month period can be a time to investigate funding issues. Ms. Gates said that this merger issue has historically been a good idea and it continues to make good sense; she urged a good working relationship to resolve all issues. Mr. Priest said he felt the merger would be an improvement with the only drawback being insurance/liability issues. He asked if the previously done staff study relating to a merger was still valid. Ms. Tweddle said the previous merger study only set forth two options and it was staff generated and not a true joint effort, but only a cursory look at cost benefits; an in-depth study is needed to generate precise costs since the former study was a broad brush approach; the WaterlSewer District staff input might be classed as Special Study Session Joint Meeting September 15, 1992 Page 3 a conflict of interest. Mr. Miller restated that he is concerned with use of the District funds, and would hate to see the monies used for emergencies through interfund loans. He said he didn't think the previous study was biased, but he would agree to an updated independent study. Mr. Gintz asked if the benefits were worth it if the merger occurred; he thought a joint operation was workable. He pointed to a morning article in the TNT, by Joe Turner, and asked Ms. Tweddle if the discharge of General Manager Miller was personal or operational. He continued by asking for clarification on the Pipeline 5 issue. He said there was an underlying mistrust and suggested that the City Council be involved in any appointment process should the Commission expand to 5 members. Ms. Tweddle said if the Commission expands she would want to recruit applicants to fill the vacancies by soliciting applications, interviewing applicants and keeping the City Council informed. She said she cannot comment on the Joe Turner article since she had not seen it. She said the General Manager elimination is a personnel issue. She assured the Council that the District is operational and would like to have the chance to work together with the Council. She said the District has interest in Pipeline 5 but she is concerned about the expenditure of $10 million; she would like to know what they would get for the money spent. Mr. Templeton said that everyone was avoiding the real reason for this meeting and that was that the citizens are mad and upset. The citizens are worried about the controversy with the Commission, with water availability, with water pressure, and with leadership. He said the Commission had failed to properly inform neither the City nor the Fire District on the Districts withdrawal from regional participation. Mr. Cap said that the citizens are mad because the City seems to be moving too quickly. He refuted that there was no communication on the regional withdrawal issue. Special Study Session Joint Meeting September 15, 1992 Page 4 Mayor Stead said when he casts a vote on the upcoming ordinance, he will look at it from the standpoint of serving 100,000 citizens and his vote will do what he feels will best serve these people; he does not see the assumption as a "cash cow." He said his concerns involve the possibility of a utility tax and representation by the eastside customers. Mayor Stead said that a merger would create a separate utility department and that utility funds would not be a primary source of interfund transfers. And, he emphasized that no one can guarantee rate stability. He said that current staffing would not be an issue. Deputy Mayor Marks said he had been opposed to an assumption, but he has not heard anything this morning from the Commissioners to support his opposition. Mr. Tomlinson concurred with Deputy Mayor Marks' statement. He said he was concerned over the firing of the General Manager. He said he had done a survey and found that approximately 60% of the citizens he talked to thought the utility was already a part of the City of Federal Way. Mr. Tomlinson said he thought the subjects of utility tax and representation can be addressed in the Council ordinance. With regard to the needs of the treatment plant, he said either the District or the City can make those repairs. He said he would support current staff. Mr. Tomlinson said that there is a perception that the present Commission is going downhill and could have an effect on 100,000 rate payers. Mr. Cap said the District will continue an efficient operation with existing capable staff; he predicted a leader will emerge from the three department heads; the District focus has changed to conservative - the only ones making a "stink" are the City Council, the staff and certain relatives of the staff. Ms. Tweddle reminded the Council that nothing has changed at the District since the previous merger discussion was set aside, in March, with the exception of one staff change. Special Study Session Joint Meeting September 15, 1992 Page 5 Mayor Stead restated that he will vote to do what's best for 100,000 people, not because of a personnel issue. The meeting adjourned at 8:06 a.m. ~- au een M. Swaney, CMC City Clerk