Loading...
02/22/1995 - Minutes INTERGOVERNMENTAL WATER BOARD MEETING MINUTES February 22, 1995 BOARD MEMBERS PRESENT: Chair Manning, Bev Froude, Paul Hunt, Bill Scheiderich, and Violet Yeager STAFF PRESENT: Ed Wegner, Randy Volk, Mary Gruss, and Sherrie Burbank VISITORS PRESENT: Jack Polans 1 . Roll Call The meeting of the Intergovernmental Water Board was called to order at 5:5 p.m. This meeting was delayed from last week due to the inclement weather. 2. Approval of Minutes Mr. Hunt made a motion to approve the January 11 , 1995 meeting minutes as written. The motion was seconded by Mr. Scheiderich and passed unanimously. 3. Election of Chair/Vice Chair Mr. Hunt reminded that Board that they had recently agreed to change the bylaws to move the Vice-Chair into the Chair role. He then nominated Mr. Scheiderich for Chair; the nomination was seconded by Chair Manning; and Mr. Scheiderich was elected to fill this role by a unanimous vote. Past Chair Manning then immediately passed on the gavel and the new chair presided over the rest of the meeting. Mr. Scheiderich then asked for nominations for Vice-Chair. Mr. Hunt nominated and Mr. Scheiderich seconded the nomination of Ms. Froude. Ms. Froude was elected by a unanimous vote. 4. A. Rate Analysis -- Request for Proposal Mr. Wegner reminder the Board that after their last meeting he came away with the understanding that the Board wanted staff to proceed in developing an RFP Intergovernmental Water Board Meeting -- 2/22/95 Page 1 for the rat analysis. However, since he is uncertain the Board actually reached a consensus he decided to raise the issue again at this meeting. He asked the Board for a recommendation asking staff to proceed in this process. After a discussion designed to answer questions, explain the process and intent, and identify potential Board concerns, Mr. Hunt made the motion to recommend that staff proceed with developing the RFP; Ms. Manning seconded the motion. The motion passed unanimously. For the record, the Board wants to make sure that staff includes language in the proposal to inform the potential vendor that the rate analysis will be used a model for future projections. Mr. Wegner also assured the Board that prior to award of the contract, they would have the opportunity to review the proposal and interview the prospective vendors. He also stated that there will be a series of public meetings held within the various jurisdictions to explain the purpose of the rate analysis. Staff also agreed to provide a copy of the draft RFP to the Board for their review and input prior to distribution. Mr. Wegner also discussed the Capital Improvement portion of the plan. He indicated that the City has received some "ballpark" figures from Lake Oswego but they are seeking actual numbers. This rate analysis model will permit the City to adjust water rates based on the final figures. At this point, Mr. Polans interjected his concern that the Board had not solicited input from the audience and asked if the Board intended to do so. Chair Scheiderich stated that it was his intention to allow visitor comments under Agenda Item #6 -- Non Agenda Items. He also quickly reviewed the bylaws and indicated that they bylaws required the meeting to be open to the public but does not stipulate that input from the audience is required. Ms. Manning moved that the Board receive input from visitors and Ms. Froude seconded the motion. After a brief discussion and the consensus that each visitor would be allowed to speak for a maximum of 5 minutes, the motion was passed unanimously. 4. B. Variance of Hardship Mr. Wegner informed the Board that as outlined in the IWG, they have the power to grant variances of hardships. He then summarized a request that was filed by Mrs. David Barnett with the Accounting Department. Mrs. Barnett recently received a $573.30 water bill as a result of a major water break. Although the work has been corrected (she spent over $1 ,000 in repairs), she would like the Board to consider granting a variance of hardship. Staff informed the Board that Mrs. Barnett was recently widowed and her average bill is normally $18 for 1 ,000 gpd consumed which is significantly lower than the bill Intergovernmental Water Board Meeting -- 2/22/95 Page 2 she received. Staff recommends that IWB waive the fee and consent to payment based on Mrs. Barnett's average monthly usage. He also explained that it is common practice for water departments to make adjustments of this nature. The Board asked questions regarding past practice. City staff verified that this is not an uncommon practice. In fact, any customer can request relief due to leaks or damaged water lines by contacting the Accounting Department. Ms. Gruss explained it is then procedure to determine the average monthly consumption after reviewing the same time periods in previous years. If a leak is on the customer's side, the City routinely grants relief up to $165 (this cost increases as rates increase) after presenting a copy of their bill and a repair invoice. Since this request exceeds $165, it is necessary for the Board to authorize the variance. Ms. Manning moved to grant the variance for Mrs. Barnett and give approval. Chair Scheiderich seconded the motion with the preface that staff would abide by the usual policy of splitting the cost. Discussion ensued. The main issue was whether or not it was appropriate to stray from the City's standard policy to grant relief on an individual basis. If the City follows established policies in this matter, Mrs. Barnett would be required to pay $408.30. Some members of the Board were also concerned this would set a precedence for future requests. However, staff recounted a past experience and emphasized that requests of this nature are not numerous. Ms. Manning stated that she wanted to leave her original motion as first declared, understanding that if the vote failed the Board would then need to resolve the issue in another manner. She re-stated that her motion was to grant the variance for the entire bill minus Mrs. Barnett's portion ($18 based on her average monthly consumption). Ms. Froude seconded the motion. Mr. Hunt requested that Ms. Manning consider withdrawing her motion on the premise that we should abide by the current policy. Recognizing that the policy might not be correct, he would suggest that the Board ask staff to review the policy and make a recommendation to change the policy to one which they can endorse. Mr. Wegner apprised the Board that 99% of time the existing policy is appropriate. In fact, most of the time the $165 limit is sufficient. This particular request is an exception and it is up to the Board to determine the action to be taken in this matter. Intergovernmental Water Board Meeting -- 2/22/95 Page 3 Chair Scheiderich called for the question. The vote was as follows: 3 -- In favor; 1 -- Opposed; and 1 -- Abstention. 5. Director's Report • Status Report on Rules, Rates & Regulation Update -- As requested by the IWB, staff is preparing a draft status report (after the first year of operation) which outlines the water program for the next couple of months. This report will be ready for your review next month. • Interim Water Supply (TVWD) -- TVWD has received a draft of the intergovernmental agreement from their attorney. It is currently being reviewed and they are recommending any necessary changes. We hope to have a copy of this draft for the March 8, 1995 IWB meeting. It will cost approximately $70,000 for the Baylor Street connection. Mr. Wegner informed the Board that he will be presenting this information at the next meeting and asking the Board to authorize the capital improvement funds. Mr. Wegner also indicated there is still no written documentation from Lake Oswego to buy interim water; we are operating on a "good faith" basis. • Long Term Water Supply (Lake Oswego & Willamette Project) -- Mayor Nicoli and Bill Monahan have met again with Lake Oswego's mayor and city administrator. There has reached some agreement regarding water rights distribution and both parties are now willing to make some commitments. Mr. Wegner referred to a copy of a letter from Gene Seibel regarding the TVWD's progress on the Willamette River project. He announced that paragraph four of the letter has been changed to reflect that the land located near the Dammasch Hospital site is no longer under consideration. Ms. Froude noted that this parcel appears to be somewhat controversial because it is a very important piece of land to Wilsonville. Mr. Wegner agreed and further stipulated that it is not Wilsonville's priority to make that land a water treatment plant facility. • Six Month Budget Review -- Chair Scheiderich requested that Mr. Volk focus on the significant "over" and "under" areas rather than going into detail on each line item. Intergovernmental Water Board Meeting -- 2/22/95 Page 4 Mr. Volk reported that some of the over expenditures were the result of an unfamiliar budget process. In addition, Professional Services was over budget due to the Murray Smith work; and several regulators burst causing unexpected repairs/maintenances. Additionally, he answered Board members' specific questions about City responsibility, recouping costs, and appropriate line item allocation; i.e., damage to City property, fire hydrant installations, and variance for hardship. • CIP Extension -- Mr. Wegner apprised the Board members that there is a letter requesting an extension to the CIP program through the end of this fiscal year. It was believed that everything would be in place for the Water Supply plan by now, unfortunately it's not. Therefore, a copy of this letter needs to be given to the City Managers of the represented cities on the Board. This item will need to be on the Council agenda for consideration. • Application for Water Rights -- The City of Tigard has requested that Murray Smith Associates prepare the necessary documentation and application for water rights on the Willamette River in same location as Tualatin Valley and Wilsonville. This is considered a long term project (probably around the year 2000), but the documents will be prepared for submittal to the State within the next 30 days. • Regional Water Study -- The preliminary plan will be distributed to the 27 participating agencies in July. The agencies will have until about November to adopt the plan. Mr. Wegner forewarned the Board that there will most likely be a great deal of controversy surrounding who will get what and he thinks the plan won't be what people envisioned. There is a concern that it won't deal with specific city needs in relation to water allocation. The project is on time based on the timeline outlined a year ago and it is also on budget with the exception of the $50,000 over-run approval by the participating agencies. • Wells -- The City has met with representatives from the State to determine the feasibility of possibly using some of our additional wells. Mr. Wegner stated use of additional wells is necessary to meet our water right requirements and the guidelines for critical ground water. • Three Basin Rule -- Ms. Froude asked what Mr. Wegner knew about the three basin rule. Mr. Wegner responded that it was his understanding that Clackamas got the concessions they wanted. Mr. Volk added that this was based on staff's recommendation. Ms. Froude also said she understood that there was a lessening of standards regarding pollution. Mr. Volk re- stated that the only comment at yesterday's meeting was that it was approved based on staff recommendation. Intergovernmental Water Board Meeting -- 2/22/95 Page 5 6. Non-Agenda Items Mr. Polans took this opportunity to speak as a visitor. He began by commenting that he was sorry to hear about George Morgan's resignation but was happy that King City has a representative on IWB. He also encouraged the Board to represent the public and emphasized that part of their role is to review the departmental expense reports and, in fact, he strongly recommended the Board scrutinize all budgets to monitor where the money is going. He concluded by thanking the Board for passing a motion to include time for visitors to speak at the Board meetings. In response to Mr. Polaris stated concerns regarding budget allocations, Mr. Hunt clarified that according to State law all water funds must be kept separate from the City of Tigard general budget. He also told Mr. Polans that the Water Board will approve all water-related budget recommendations before the budget is presented to the Budget Committee for review and approval. Next meeting -- March 8, 1995. Mr. Wegner suggested to the Board members that since there are two new members on the Board they might want to discuss whether or not the current meeting schedule is still suitable. The Board agreed that as long as scheduling conflicts were identified before setting the next meeting date, they should be able to accommodate any necessary changes. 7. Adjournment The meeting adjourned at 6:39 p.m. sb\iwb295 Intergovernmental Water Board Meeting -- 2/22/95 Page 6