08/16/1995 - Minutes INTERGOVERNMENTAL WATER BOARD MEETING MINUTES
AUGUST 16, 1995
BOARD MEMBERS PRESENT: Bill Scheiderich, Paul Hunt, Beverly Froude, Peggy
Manning and John Buidhas
STAFF PRESENT: Ed Wegner, Randy Volk, Mike Miller and Kathy Kaatz
VISITORS PRESENT: Jack Polans and Steve Feldman
1 . Call to Order
Meeting was called to order at 5:34 p.m.
2. Roll Call
Roll call was taken and all Board Members were present.
3. Visitor's Comments
Jack Polans of the City of King City spoke regarding the minutes from the June
14 meeting of the IWB and the Oregonian article. Mr. Polans stated that he
had attended the City Council meeting of the City of Lake Oswego last evening
and questioned them regarding this article. Mr. Polans stated that he had
spoke with Mr. Leland from the State Health Division and questioned the
report. Mr. Polans did receive copies of the report from Mr. Leland (pages 882-
886). Mr. Polans stated that Mr. Leland will provide him with the full report,
press releases as well as names of people he can contact in Washington D.C.
This is the information that was provided to the City of Tigard and the City of
Lake Oswego by Mr. Polans.
4. Approval of Minutes
A motion was made by Paul Hunt for approval of the minutes of the June 14,
1995 meeting as written, which was seconded by Peggy Manning and voted
upon unanimously.
5. Easement - Mike Miller
Mike Miller discussed a request from the State of Oregon regarding an
easement across the property frontage of the Tigard Water District. They are
requesting an estimated 300 square foot to accommodate a bike and pedestrian
walkway access along Hall Blvd. The crossing needs to be perpendicular at the
railroad tracks which will require an easement on this property. According to
the IGA, this property has been divided among the various members (Durham,
King City, Tigard and the unincorporated area), Mr. Miller stated that they
would need a consensus from this Board allowing the State this easement. The
State of Oregon is willing to pay $550.00 (fair market value, which was
determined by an independent assessor). The Tigard Water District Board has
already approved this easement and with this Board's approval will be
forwarded to the Tigard City Council. Commissioner Scheiderich questioned
the possibility of negotiation in the amount of money or the possibility of the
contractor making further improvements? Mr. Miller stated that our
improvements on the property are complete.
Chair Scheiderich stated that this work should be completed at the State's
initiative and expense. Mr. Miller stated that since the property has not been
transferred, this motion would need to be made on behalf of the IWB.
A motion was made by Paul Hunt to recommend to the City of Tigard that they
act on behalf of the Intergovernmental Water Board to grant an easement to the
State of Oregon as requested. This motion was seconded by Bill Scheiderich
and passed unanimously.
Commissioner Hunt questioned whether this Board should in the near future
discuss the properties such as this building and whether the City of Tigard
should purchase this property or some of the facilities that are being used by
the City for non water uses? Chair Scheiderich stated that most of the uses
of this building are being used as public space. Mr. Hunt continued to discuss
what the other entities feel is fair and equitable.
Mr. Scheiderich stated that possibly the staff should give direction to determine
whether any portion of this building or other properties are surplus to the actual
means of the Water District or the entities served by the Water District.
Commissioner Froude stated that included in the audit was the agreement that
the parties would pledge their share of the use to the Water building? If this
has changed then Ms. Froude felt this should be discussed. Mr. Scheiderich
stated that he was unsure whether this Board had the authority to direct the
Water District staff but could recommend that Tigard City Council on their
behalf direct staff to come back to the Board with an informal report on what
property they deem to be surplus. Commissioner Manning stated that if the
building and it's purposes are for Water business, there is the IGA to go by and
any other uses would need to be agreed upon by the members of the IGA and
come before the IWB for approval.
IWB MEETING MINUTES - AUGUST 16, 1995 PAGE 2
Ms. Froude stated that last year it was necessary for the Tigard Water District
Board to meet on occasion in another area to accommodate the Interfaith
Shelter. Mr. Hunt stated that there is a plan to continue the use as a shelter
again this year. At this time, Mr. Volk stated that the City of Tigard is also
using this building and parking lot for the Saturday Market which is an
exclusive City of Tigard use. Mr. Volk stated that the Board may feel that the
City of Tigard is taking advantage of this facility's use. Commissioner Froude
also discussed the use of the building on a daily basis being used by the
Finance Department, not Water employees. Mr. Volk also stated that the
Canterbury facility is used primarily by the Maintenance Services Department
and these areas are not available to the City of King City or the City of Durham.
Commissioner Manning requested that the staff prepare a schedule of use to
include the percentage of use and how much is being used for water purposes
versus City of Tigard usage. Mr. Hunt also stated that a part of this report
should include what the Water District use of other City facilities are.
A motion was made by Chair Scheiderich to ask the Water District to direct it's
staff to survey the uses of property, (real estate) that is generally assigned to
the Water District purposes. This motion was seconded by Peggy Manning and
voted upon unanimously. It was stated that this survey would be complete by
the September meeting.
6. Water Rules, Rates and Regulations
Mr. Volk questioned whether the Board had any questions on the Rules, Rates
and Regulations? Mr. Volk stated that he had spoke with Beverly Froude today
and they had discussed one change being made to item 12.10.070 - Credit for
Leak. Mr. Volk stated that this had been discussed at a previous meeting and
additional language needed to be added to state that any request over the
$165.00 is to be brought before the Board for consideration. Mr. Volk stated
that Ms. Froude would also like language added that if there is a grievance or
if the customer is still dissatisfied, they would refer to item 12.10.260 -
Grievances.
With the Board having no further comments, Ed Wegner questioned whether
the Board had reached a consensus to send this document on to the Tigard City
Council for adoption minus the rates until the rate study is complete? It was
discussed that once the rate study was approved this would be put together
as one document. Mr. Scheiderich questioned the status of the rate study?
Mr. Wegner stated that Mike Miller had met with Wayne Lowry and the
consultant a couple of weeks ago and are moving ahead. Mr. Wegner stated
that they should have a preliminary report by mid September.
IWB MEETING MINUTES - AUGUST 16, 1995 PAGE 3
7. Director's Report
Mr. Wegner stated that included in the packet distributed to the Board was the
month of July report, by date which outlined a tracking of water purchases
(Lake Oswego, Bull Run, Tualatin Valley), includes the wells, water purchased
or produced, water storage and water demand. We will continue to produce
these reports through the summer. This reflects the purchases from TVWD
which is currently up to 1 .7 mgd. through the Baylor intertie. Also included in
this packet were some articles from the West Linn Tidings and the Lake
Oswego paper with the issue of the Lake Oswego water treatment facility
being within the city limits of West Linn. There have been some concern on
approval on the Lake Oswego plant expansion in West Linn. Mr. Wegner, Mr.
Volk and Mr. Monahan will be visiting West Linn tomorrow.
Also in packet are the Regional Water Supply Plan minutes for the past two
months. Mr. Wegner also discussed the large packet of information that was
provided to the Board on the Regional study. Mr. Wegner stated that by the
end of the month there will be a draft copy of the Regional Plan. He stated
that on June 22, Beverly Froude and himself attended a public forum which
included some position papers which were also supplied. Also included in this
large packet was a report by McArthur and Associates of a synopsis of the
public hearings that were held within the region.
Commissioner Manning suggested that next month the Board members can go
through this information provided and come back with any questions.
8. Discussion - Letter
Mr. Wegner stated that he had received a letter from Mr. Robert Moore who
experienced a water break which was taken care of in a timely manner by
emergency repairs. Mr. Moore had a large bill from the break as well as a large
repair bill and would like to recoup some of the water costs. Mr. Moore was
credited with the allowable $165.00 credit on his account but he choose to go
through the process of bringing this issue before the IWB.
Chair Scheiderich questioned whether the average use was confirmed, which
it was. Mr. Scheiderich also questioned how this leak occurred? Staff was not
aware of how this leak occurred.
Commissioner Hunt questioned what the outcome of the last request was a
few months ago? After some discussion and looking into the previous minutes
(March 1995) it was stated that they had given her full credit. Mr. Hunt stated
the need for consistency in these issues.
IWB MEETING MINUTES - AUGUST 16, 1995 PAGE 4
Chair Scheiderich recommended that we split the difference of the excess
($702.00 minus the average usage and half the difference). The customer
would pay for his average usage and then half of the excess usage. Although
the Rules, Rates and Regulations outlines the process with $165.00 being the
maximum allowable, Mr. Scheiderich stated that these exceptions should come
before the Board for approval. Mr. Volk stated that if an employee is called out
after hours and the leak in on the side of the customer, the employee will fix
that leak while they are there.
Commissioner Hunt made a motion to grant relief as requested which is to split
the difference that is over the average usage. This was seconded by
Commissioner Froude and voted upon unanimously.
The Board discussed adjusting the language in the Rules, Rates and Regulations
to grant half with a no fault circumstances, over the average usage with the
approval of the IWB. The relief granted to Mr. Moore will be $702.17 less his
average usage and a split of the difference.
Chair Scheiderich questioned whether the Board would be ruling on the request
from KOIN TV that was furnished by Mr. Volk? Mr. Volk stated that he had
received a request from KOIN TV to install a camera at the Baylor Street
location. Chair Scheiderich stated that he felt this request would be ok with
the condition that it does not interfere with any telemetry and that all initiative
and expense be on the part of KOIN TV. Discussion was held on the possibility
of a bond. Mr. Volk stated that this would be connected to the ladder which
is four feet out from the actual reservoir and extends only slightly below the
crown of the roof. The Board discussed the chance of damaging any portion
of the reservoir, endangerment to someone on the ladder, or security or
accessibility to the site.
Mr. Wegner stated that KOIN TV would be responsible for meeting design
criteria and would have the appropriate insurance to ensure workmanship and
for the equipment.
Chair Scheiderich stated that this should be short term agreement.
A motion was made by John Budhihas and seconded by Bill Scheiderich to
allow KOIN TV to mount a sky camera above the Baylor Street reservoir. This
passed unanimously.
IWB MEETING MINUTES - AUGUST 16, 1995 PAGE 5
9. Commissioner's Comments
With no further comments the next meeting was set for September 13, 1995.
Mr. Wegner stated that the Tigard Water District Board had agreed to meet bi-
monthly beginning in September-and their new Chairperson is Norman Penner.
Commissioner Hunt suggested that if the Chairperson and the staff agree there
is no need for a meeting, with proper notification to the Board members would
be appropriate.
Mr. Wegner also stated that the Tigard Water District Board proposed that we
take a tour of the various water facilities on a Saturday morning. A specific
date has not been set at this time but possibly mid September.
10. Adjournment
A motion was made to adjourn by Commissioner Manning and seconded by
Commissioner Hunt at 6:35 p.m. and passed unanimously.
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IWB MEETING MINUTES - AUGUST 16, 1995 PAGE 6