A Matter of Public Records Request Facts

“All citizens in a democratic society are entitled to openness in government. Idaho's Open Meeting and Public Records laws, ensure that state and local government business is conducted in the open, that citizens have access to public documents, and at the same time the privacy of citizens is protected.” Idaho Public Record Law Manual. 2017

For those of you not familiar with this manual it can be accessed online. Public record requests make sure that we as citizens can access public records to keep our government open and transparent.

“Open government is the cornerstone of a free society. The Idaho Legislature affirmed Idaho’s commitment to open government by enacting the Idaho public records law in 1990. The public records law protects each citizen’s right to monitor the actions of state and local government entities by providing access to government records. The Legislature is continually balancing the competing interests of public access and an individual’s right to privacy, through its adoption and amendments to Idaho’s public records law.”

With that said a question was posed at the last BW&S meeting (February 15, 2018) by a citizen concerning the recent requests for public records. These requests are protected by our State Attorney General Lawrence Wadsen. We as users of BW&S have the right to monitor the actions that our Board has taken concerning the running and administration of our Water and Sewer District. If memory serves me correctly it seems that one of our current Board members did indeed exercise her right to view public records before she was elected to the Board. She was heavily involved in public records requests along with 3 other people, two who are members of the BW&S District.

Chairman Chuck Waller stated in a letter to the CDA Press editor May 13th, 2015 “A third issue is a complaint that Bayview Water and Sewer is following the State Code regarding record requests. Would people have us ignore State laws because it is not convenient for them? The law is to enhance transparency.” (Chuck Waller).

We as consumers have the right to look at records, we also have the right to make public records requests. The current Board used transparency as their platform during the 2015 election. 

Yes, citizens can make public records requests, no the Board may not ask why citizens are making the request, and no the Board should not make a request at a Board meeting that citizens stop making requests because the requests are, in their opinion, a waste of time.

" The denial of honesty, openness, transparency and integrity in public administration leads to self-interest and corruption vs public interest and sound governance."

Norma Jean Knowles

Letter to BW&S Board

Marsha Ritsheimer sent this to the BW&S Board. I was given permission to post:

February 11, 2018

Dear Bayview Water & Sewer Board Members,

It is easy to make it sound like you are doing a wonderful job because everything negative is the fault of someone else.  According to campaign promises, the previous board did nothing correct.  The audits were late, the water and sewer rates were raised, with limited justification, and it was said we lacked transparency.  However, the lateness of the audits did not show any wrong doings with financials.  The water and sewer rate increases were long overdue, and needed, just to keep the district sound.  We operated on a “pay-as-you-go” platform.  The only time the previous board members discussed business, was at the monthly meetings.

Now you, the new board members, are making big changes, which you promised you would do.  However, these changes, for water only, are coming with a 2.8 to 3 million dollar bond (loan) price tag and a possible increase in the base water rate of 100% (from $24 per month to $48 per month).

1)   You want us to respect your position and actions, however, I find it extremely difficult -

a)    When you make repeated decisions outside of the monthly board meetings.

b)   Spend money at an alarming rate for labor that was previously done by the in-house employees.

c)    Respond to questions of concern with sarcasm.

d)   Imply this is the first time inspections or ideas were ever done or considered.

2)   Hire a contractor who

a)    Does not do manual work himself but instead hires outside labor.

b)   Never says “I don’t know” or “I’m not sure”.  Instead,

i)     Implies the previous workers didn’t do their job.

ii)    The system wasn’t kept in working order.

iii)  Manual Switch in main pump house was disabled.

(1)  Was he trying to operate a switch that had a 10 minute safety delay?

c)    Says a meter is needed to monitor the effluent to the leach fields.

i)     There is a meter.  It just needs a new battery.

d)   Said the triplex generator failed to start during the last power outage.

i)     The triplex works on a float system – the generator starts when the float indicates pumping is required.

e)    Says the system is old.

i)     Yes, the system is old but why can’t items be replaced as needed and not be replaced as wanted?

Instead of taking offense at every question, why don’t you analyze the reason for the questions?  Instead of publicly calling people “Trouble Makers” and “Liars”, why don’t you find out the actual truth of the entire situation?  There are not any Bayview Water & Sewer District customers who would want to harm the system and to think otherwise is ridiculous and being uninformed.

I currently feel there is only one board member, who not only truly cares about the district and the job, but who can actually look at a situation and analyze it with fact and not emotion; one who diligently works to do a job without violating the trust of the people.

Many campaign promises are gone and it has become a “do as I say, not as I do” situation.  Where’s the transparency, secure financials and customer service?  Those were your words, which you used on the campaign trail, that have now gone by the wayside.

We are not a district of thousands so these great improvements are going to come at a huge cost to each rate payer.  When the previous board raised the rates due to economical increases, we were attacked by you, the same people who now want to raise the rates so drastically.  There is a huge difference in making repairs and replacements, as needed, versus making elaborate changes because it will make everything the latest and greatest.

Sincerely,

Marsha Ritzheimer

The Other Side of BW&S District

The Other Side of BWSD

-by Karen Renner

2.12.2018

NOTE:  All figures quoted herein are taken from records supplied by the BWSD office.  The 2016-17 fiscal year-end figures are not yet audited; projected figures are identified and based on current available averages.  Complete fiscal year audits and current proposed budget are available on the BWSD website.

The first evening BWSD board meeting is February 15^th, 7:00 p.m. at the Community Center.

Customers of Bayview Water Sewer District should be informed of unsustainable deficit spending under the current Board of Directors.  Under new meeting rules announced in January, the board no longer will dialogue with or answer questions from the public during meetings.  Comments may not be made for items on the agenda for that meeting, because the board does not want to be ‘influenced’ prior to making decisions.   

When the district changed from employee based to contract based operations in August 2017, I asked the board specifically what duties our employees performed that would not be covered in the new operator contracts.  The board has yet to answer this question, and one board member went so far as to tell me that it may be years before they truly know what the difference in operation costs will be.  While monthly deficit spending continues, the board has launched a preliminary process to study and develop proposals for a $2,800,000 to $3,000,000 (YES, MILLION) bond for upgrades to the water system.  BOND means the district customers must re-pay a loan.  The initial estimate is a 100% increase of the existing base water rate of $24.00, resulting in a base rate of $48 MONTHLY per customer for water.  This does not include sewer fees, or any needed upgrades to our existing sewer system.

The BWSD board ‘sold’ the change from employee based to contract based operations by proclaiming “we will be saving $82,000 per year, which we will be able to use to re-pay the loan for improvements”.  We were also told the new contract operator was more skilled with higher licenses. In my opinion, operators with higher class licenses (to run systems such as Spokane or Coeur d’Alene) could be used as consultants, not day to day operations.  This could be compared to hiring a CPA to complete daily basic bookkeeping functions, at a substantial higher wage or salary.

BWSD stated at the October 2017 meeting that our former employee operator cost to the district (payroll, taxes, insurance and benefits) was $5,000 per month.  This cost also included most labor for maintenance and repairs to our systems, buildings, grounds, and 80-acre treatment site (timber mgmt, field cultivation, vegetation control etc).  We are currently paying $7,000 per month to contract operators who perform minimal labor for maintenance and repairs.  The district now pays additional labor costs to various businesses.  This includes excavation companies who must bring labor crews (at a cost of anywhere between $40 - $125/hr each crew member) to complete jobs which our contract operators do not perform under their contract and which our employees used to do (meter installs, pipe breaks, leak repairs etc).  We have yet to approach a season of opening and running the wastewater treatment site under contract operations.  Our treatment site has been shut down since the new wastewater charge operator began in September 2017.  I want to be clear, this is not the fault of our contract operators.  These contractors are simply doing what they bid for and is outlined in their contracts.   Our advocacy group has continually voiced concern regarding the uniqueness of our system, which requires exceptional time and familiarity to maintain AND operate.  The BWSD board failed to recognize this when abruptly dismissing the remaining employee operator and choosing to turn all operations over to new contractors.  All of this comes at a significant increase in operating costs to us, the customers of the district.  I assert the board failed to conduct an appropriate cost/benefit analysis prior to making a decision whether the contracts were appropriate for the amount being paid and failed to consider the impact on the overall district budget.

BWSD Repair and Maintenance totals under employee operations for fiscal years ending

2013      $41,892.00

2014      $43,076.00

2015       $31,666.00 actual

2016       $50,036.00 actual, $51,900 budgeted

BWSD Repair and Maintenance totals after switching to contract based operations in August 2017:

2017       $98,056.00 actual, $53,000 budgeted

(includes $25,155 expense for 2 pumps which may be capitalized, leaving actual amounts of $72,901 which still exceeds budget.  With this adjusted actual number, in the first 8 months of the fiscal year, the district spent $27,205 for employee based maintenance/repairs.  In the last 5 months- August-December, 2017, they spent $66,045 for contract based maintenance/ repairs---A 142.7% INCREASE.

2018       Budget is $68,000.  $20,346 was spent in December, 2017, the first month of the fiscal year

Under employee based operations 2013 -2016, the average monthly cost for maintenance and repairs was $3,473.00.  Contract operation monthly average for maintenance and repairs for Oct, Nov and Dec was $15,573.  

One employee operator cost ($5,000) + average monthly maintenance/repairs ($3,473) equates to approximately $8,473.00 or $101,676 per year.

Current budget is $89,000 for operators, $10,000 for contract labor and $68,000 for maintenance and repairs, or $167,000 for the year, which under current spending will be well exceeded.

After raising base rates $3.00 per customer per month, the 2016 -2017 fiscal year net operating loss was $67,186. This works out to be an estimated additional $141.00 per customer for the year (estimated 475 customers +/-).

In December 2017, first month of the new fiscal year, the operating loss was posted at $23,439.

Total Checking and Savings balances decreased $83,174 from 7/31/17 to 12/31/17 and the district's Total Assets decreased a whopping $128,466 from this rampant, out of control spending.

I am asking concerned district members to get involved! Come to meetings and submit your own questions to the board.  Our goal is to preserve the affordable lifestyle we enjoy in Bayview, and ensure our water and sewer system is responsibly run within the identified budget.

Thank you for taking the time to read and consider this large amount of information.

*On the following page you will find comparison budget data over the past several years.  Please note this is not inclusive of all district operation costs.  Audits and current budget can be found on the district website. This is for consideration only regarding cost/benefit analysis of employee vs contract based operations.  All figures quoted herein are taken from records supplied by the BWSD office.  The 2016-17 fiscal year-end figures are not yet audited; projected figures are identified as such as an estimate based on current available amounts which were averaged.  I have no intent to mislead in any way, I am just a concerned citizen who feels our district can be run more efficiently on a day to day basis. 

Bayview Angels

Bayview Angels

                This article started out as a Christmas Story of sorts, but is now just a reminder of all the angels in our small little community.  Over the holiday season, I witnessed a man walk into the Merc and ask an employee of the Merc, Linda Brazee, if the Timberlake Fire Department was collecting for the food bank.  She confirmed, and this man nearly cleaned the shelf of chili, soups and stews to donate later that evening.  Not only did he help the local food bank, but also local business at a very slow time of the year for Bayview.  I also noticed the beautiful wreath hanging in the Merc that was raffled off to raise money for Brad Mangett to help him with his personal loss due to fire. Kicking off the month of November was the Veterans’ Dinner sponsored by the Captain’s Wheel crew.  Now comes my personal experience with Bayview Angels.

                Many of you know me as the lady at the pancake breakfasts that tries to sell raffle tickets as well as tickets for the $1000 raffle to support the Bayview Chamber of Commerce.  What you may not know is what is done with the money collected. The Chamber Board uses those funds to support the Community Center operations, the Chamber general fund that provides activities and prizes / gifts for the children’s Easter Egg hunt, Christmas party, Bayview Daze Street, Boat Parade, Girls State, Fire and Police Fund too!  In 2017 the mini-50/50 raffle was donated to the LPOIC fishing derby youth division.

                Some of you may also know me as the crazy lady with the patriotic bikini swimsuit cover that walks with Uncle Sam and the Bucket Brigade in the Bayview Daze Parade collecting donations for the next year’s fireworks extravaganza. 

                My latest fund-raising endeavor is collecting money to pay back a Guardian Angel that has loaned me $2500 to pay for legal fees for Norma Jean Knowles and Sue Damon as they are in the process of having to defend themselves against trespassing and were also named as possible perpetrators of vandalism by the Chairman of the BW&S Board.  After hearing of water overflowing from the BWSD property, down a forest service road and onto private property over underground springs, these two ladies took a walk up the road armed with cameras and wearing flipflops to investigate as concerned citizens of the community.  For further information on this issue, read the letter posted on the BWSD website.  When the board was questioned about the action to adamantly pursue criminal charges, the response was “because they lied”.  Anyone who knows these two women simply knows that their integrity is stellar.  Norma Jean and Sue are fine upstanding citizens in our community and would never cause harm to any person or property.  They volunteer hours of their time, talent and treasure to the community and this action by the BW&S Board is extreme and totally unnecessary, in my own opinion.  Anyone accused of a crime is “innocent until proven guilty”.  What happened to direct communication and conversation?  What about a simple warning?  After public outrage, Jan Jones attempted to make a motion to stop the pursuit of charges for the good of the community. However; the Chairman would not accept the motion and refused to consider an amendment to the agenda.  The police report was filed in Kootenai County because Mr. Doney did not know that the treatment site is in Bonner County.  Having to change the venue from Kootenai to Bonner may cost even more for their defense.  Hence, I have been soliciting donations to pay back Bayview’s Guardian Angel and get these fees covered as both ladies are on fixed incomes and do not deserve the stress of trying to pay for legal costs.  Having one’s character attacked publicly and legally is stress enough. Besides the main Guardian Angel that loaned me the initial $2500, there have been several other angels that have donated and pledged to help cover this cost for Norma Jean Knowles & Sue Damon and you know who you are. I express my sincere thanks to all not only for myself but on behalf of Norma Jean & Sue.  I am still in need of funding and would appreciate any help in covering these costs.

                Again, I would personally like to thank all the angels for the gracious contributions to this cause, so far, and for not running away each time you see me coming.  Please know that when I ask for financial support it will always go to a good cause and this is one that is dear to my heart.  These ladies are our friends and neighbors that were just trying to keep our community safe.  If anyone reading this article would like to donate to help me pay back Bayview’s Guardian Angel or for general questions, please feel free to contact me.  The main Guardian Angel wishes to remain anonymous and I am also keeping all contributors of donations confidential.  Every little bit helps.  Thanks again & God bless all the angels in our community.

Jamie Berube

jjberube52@outlook.com

(509) 838-4651 x 012340 – Weekdays 8 A.M. to 6 P.M.

(509) 928-2570 – Evenings & Few Weekends

(208) 683-5138 – Nearly Every Weekend