11/26/2001 - Packet FILE COPY
TIGARD WATER DISTRICT
BOARD of COMMISSIONERS MEETING
Serving the Unincorporated Area
AGENDA
Monday, November 26, 2001
7:00 p.m.
1. Call to Order
2. Roll Call and Introductions
3. Approval of Minutes — September 24, 2001
4. Visitor's Comments
5. Intergovernmental Water Board Update
6. Special District Best Practices —A Self-Assessment Guide for Special Districts
7. Informational Items
* Tualatin Valley Fire & Rescue letter to Board Members
* Special Districts News and Risk Management Review
8. Non-Agenda Items
9. Set next meeting date
10. Adjournment
Executive Session:
The Tigard Water District Board may go into Executive Session under the provisions of ORS
192.660(1)(d),(e), & (h) to discuss labor relations, real property transactions, and current
and pending litigation issues. All discussions within this session are confidential; therefore,
nothing from this meeting may be disclosed by those present. Representatives of the news
media are allowed to attend this session, but must not disclose any information discussed
during this session.
TIGARD WATER DISTRICT
BOARD OF COMMISSIONER'S MEETING
Monday, September 24, 2001
Members Present: Beverly Froude, George Rhine, Mary Stobbe and
Bruce Stobbe (Norm Penner- excused)
Staff Present: Twila Willson
Visitors Present: None
1. Call to Order
The regular meeting of the Tigard Water District Board of Commissioners was called to
order by acting chair, Commissioner George Rhine, at 7:05 p.m.
2. Roll Call and Introductions
Staff called the roll. Norm Penner was excused/absent.
3. Approval of Minutes — May 22, 2001
Commissioner Beverly Froude motioned to accept the minutes of the June 25, 2001,
meeting. Commissioner Bruce Stobbe seconded the motion. The vote was unanimous
to accept the minutes as submitted.
4. Visitor's Comments - None
Agenda Item #5 was skipped over temporarily and Item #6 was addressed.
6. Selection of New Representatives
Commissioner Beverly Froude nominated Commissioner George Rhine as Chairman of
the Tigard Water District Board of Commissioners. Commissioner Bruce Stobbe
seconded the motion. The vote was unanimously in favor of the nomination.
Commissioner Beverly Froude nominated Commissioner Bruce Stobbe as Vice Chair.
Commissioner George Rhine seconded the motion. The vote was unanimous to accept
the nomination.
Tigard Water District Minutes - 1 - September 24,2001
Commissioner George Rhine nominated Commissioner Norm Penner to continue to
represent the Tigard Water District at the Intergovernmental Water Board (IWB)
meetings. Commissioner Beverly Froude seconded the motion. The vote was
unanimous. (Commissioner Penner had previously indicated that he would be willing to
continue serving as the IWB representative for the Tigard Water District.
Commissioner George Rhine nominated Commissioner Beverly Froude as the Alternate
IWB representative. Commissioner Mary Stobbe seconded the nomination. The vote
was unanimous.
George Rhine Chairman
Bruce Stobbe Vice Chair
Norm Penner IWB Representative
Beverly Froude Alternate IWB Representative
5. Intergovernmental Water Board Update
Norm Penner prepared a written report of the two meetings he had attended since the
last TWD Board meeting, namely, July 11 and August 22. Commissioner Rhine read the
written report and that report has been attached as part of these minutes.
Commissioner Beverly Froude commented on a newspaper article she read on the ASR
project open house meeting with the neighbors living near the John Tigard House.
Letters were sent out announcing the meeting and it was also in the newspaper. There
were only four people who came to the meeting. Apparently the citizens in the area are
not worried about flooding or damage from the aquifer.
7. Non-Agenda Items
Commissioner Beverly Froude reviewed an article on water issues with Portland from
the Oregonian entitled "Official champions regional water supply agency". Other
interesting articles from the Portland Tribune that contain quite a lot of history of the
Bull Run Watershed were suggested reading.
Commissioner Froude stated she thought that if the TWD did not have monthly meetings
that the IWB meeting minutes were to be made available to them. Twila Willson stated
she would make sure that the TWD members were added to the mailing list for
distribution of the drafts of the IWB minutes.
Commissioner Bruce Stobbe asked, in light of what had recently happened to our nation,
if steps had been taken to protect our water systems. Commissioner Rhine stated that
there had been several news items about protecting the Bull Run Reservoir. The Board
members discussed this issue and decided to have Commissioner Penner bring the
issue up at the next IWB meeting. Commissioner Froude would contact him to make
that request.
The Board members stated they were anxious to meet the new Utility Manager, Dennis
Koellermeier, and were looking forward to having him attend meetings.
Tigard Water District Minutes -2 - September 24,2001
8. Set next meeting date
The next meeting was tentatively scheduled for November 26, 2001. Commissioner
Rhine wanted to talk to Commissioner Penner after the IWB meeting to decide if there
was a need for the Board to meet.
9. Adjournment
Commissioner Froude motioned to adjourn the meeting. Commissioner Bruce Stobbe
seconded the motion. The regular meeting of the Tigard Water District Board of
Commissioners adjourned at 7:30 p.m.
Tigard Water District Minutes -3 - September 24,2001
September 24, 2001
Report of TWD representative, Norman Penner, to the Intergovernmental
Water Board (IWB) as I am unable to attend the Sept. 24 meeting of the
TWD Board.
The IWB has held two meetings since the last TWD Board meeting; July 11 &
Aug. 22.
The agenda for the July 11 meeting was:
1. 2001/02 Budget Review
2. Long term water update
3. Clute property
4. Aquifer Storage & Recovery Project
The budget review did not raise any major issues. There were some minor
changes proposed to reorder the allocation of funds to meet current needs.
Long term water supply. Negotiations with Portland continue at a very slow
pace due to the current turmoil in the Portland Water Bureau. Ed reported
that discussions continue with both TVWD &JWC.
Representatives of the Clute property neighborhood attended the meeting to
discuss their concerns over the sale of that property. They were confused by
the fact that the City of Tigard was the seller of the property but the Tigard
City Council would not listen to their complaints and sent them to the IWB.
After some discussion in which their confusion was cleared up — that the
property was the water system's and the city was providing certain real
estate services to the water system — they then expressed their concern over
the potential of the property becoming an apartment or some other high
density type housing and increasing the traffic in the area.
It was made clear to them that the property had been originally purchased
with water system funds and that any revenue from its sale had to go back
into water system accounts. The water system could not use its funds for
parks, etc. They needed to go to the County to solve their needs for parks.
The IWB did tell them that it would ask the City to try to put some
restrictions on the property as to the type or size of building.
Dennis Koellermeier then reported on the AS&R Project. Initial efforts would
be to set up a test well on Bull Mountain and begin putting water in the
ground this winter.
The Agenda for the August 22 meeting was:
1. A report on the Portland Wholesale Contract by the Integrated Utilities
Group
2. Long term water supply update
a. JWC RFP
b. Scoggins Dam RFP
3. Clute property update
4. AS&R update
5. Summer status
6. Tigard/Tualatin IGA
Paul Mathews of the Integrated Utilities Group reported on their progress (or
lack of it) on their attempts to negotiate a new contract with Portland. Talk
of"Regionalizing"the water delivery system has become the Portland staff's
focus and they would prefer a status quo in the contract area while this
regional concept is worked out. Also the billing problem in Portland is
distracting them from any serious contract discussions.
As a result IUG has revised its approach. It is imperative that some sort of
contract is negotiated soon as Tualatin (City) and TVWD contracts expire in
Dec. 04 and Their Renewal Notice date is this Dec. 1.
Tigard's dates are the latest of the several wholesale contracts. Its contract
expires July 07 and the Renewal Notice date is July 04.
Consequently the IUG negotiators are working on a low-energy alternative
that can be implemented before current contract lapses.
Their objective remains to obtain a contract regardless of the plans of a
Regional system. This will probably take years to work out and the IWB
made it clear that they wanted something to replace the current contract
with its peaking requirements and the use of O&M cost based on the budget
in computing the wholesale price.
Ed Wegner reported that RFPs had been issued for consultant services to
develop the JWC long term plans to include Tigard and the Scoggins Dam
buildup.
The Board was also told that its recommendations for the Clute property sale
were not doable because of County Zoning. The Board decided that it had
made a reasonable effort to be responsive to the complainants and that it
was now between them, the City and the County.
The Board was also told that the AS&R Project was pretty well on target and
no major problems had shown up.
The Board was also told that Summer water use was not causing any
problems. Demand was manageable and conservation efforts seemed to be
working.
Respectfully submitted by )
'(I ice
Regional Drinking Water Supply Initiative
Public Comments on Proposed Criteria
October 18,2001
And
Verbatim Notes from Groups and Individuals,
A meeting of the Regional Drinking Water Supply Initiative for citizens was held
October 18, 2001 at Metro. The purpose of the meeting was to gain citizen input into the
criteria that would be applied to options for a regional drinking water supply agency's
governance model. The criteria have been developed by the staff of the 13 participating
water agencies.
Metro Councilor Rex Burkholder welcomed the group and gave a brief overview
of the services that Metro provides. Greg DiLoreto of the Tualatin Valley Water District
gave background information to the 54 attendees. He introduced staff to the project and
identified the 13 participating agencies (Cities: Beaverton, Gresham,Hillsboro, Portland,
Tigard and Tualatin;water. districts: Clackamas River Water, Clean Water Services,
Powell Valley Road, Tualatin Valley, and West Slope; PUD's: Rockwood; water
authorities: Sunrise)
Mr. Diloreto indicated that staff developed and refined the criteria as their first
task, and then researched over 30 governance models from throughout the United States
and Canada. He reviewed the purpose of the meeting, and gave attendees information on
the timeline for completion of the project. He said there would be additional meetings
and there would be more opportunities for public comment. He said theinformation
gathered at this meeting would be included in the written report to the participating
elected officials. He then introduced Ed Tenny, of HDR Consulting who reviewed each
of the criteria and provided background information on the intent of each criteria. The 16
citizens attending the meeting were then divided into four groups, given the proposed
criteria and chart-packs and asked to write their comments and suggestions. They then
reported their comments back to the full group.
At the conclusion of the meeting, Mark Knudson of the Portland Water Bureau
referred to the next steps in the project and again reviewed the timeline, the tasks, and the
next public meetings. There was a question as to what the venue was for public comment
on the Rockwood, Gresham and Clackamas River Water proposed pipeline, and an
expression of frustration that there was no one place to go to, to voice opposition to that
project. There were also requests from citizens to be kept informed of the next steps, and
to build in opportunities for public comments at every future meeting.
The first item below is the comments or-queSRions that were posed to Ed Tenny as
he described each criteria. Following that are the verbatim notes from each group which
is their input to the criteria. The groups are numbered by the sequence in which they
reported their comments to the larger group as a whole. Following the notes from the
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page 2
four groups are individual comments that were submitted in writing either at this meeting
or afterward.
Comments or Questions From The Public As the Criteria Were Being Described.
1. I thought this started out as the Bull Run Agency, how did it get beyond this?
2. What about the cost of creating this agency; neighborhood associations in east county
are already unhappy about costs.
3. Do the patrons get to vote?
4. Would the whole area be in one taxing district for raising the capital?
5. What does "point of delivery mean"?
6. Are all of the systems hooked together now?
7. What will happen to the Powell Valley Road Water District?
8. What about wells, would they go to this new agency?
9. Is this for water only? Some of us want the new agency to generate electricity too.
10. How many people will be on the board?
11. Why is there a suggested form?
12. This morning's article in The Oregonian inferred the Board wouldn't be elected, is
that true?
Group #1
1. Why such short public notice? (i.e. only 16 citizens here; Oregonian article on
10/18/01.)
2. Tendency to preserve each district/jobs should be to reduce jobs and be more
efficient! (i.e. create another layer of government.)
3. How will expansion be handled? (i.e. there were plans to build 3`d dam, now not in
favor; if done may not be in the situation we are in) or filtration plant,raise the dam.
4. Emphasis on public perception(i.e. Willamette River bad; ASR cure for all ills; 3rd
dam not environmentally sensitive).
5. Next meeting?
6. How would this be approved? Public vote? Inter-agency agreement?
7. Common contract for all members?
8. Postage stamp rates! Creates everybody equal (i.e. people far away pay same as those
close to Bull Run).
9. Why not just renegotiate contracts before creating new agency? Is new agency really
necessary?
10. Who sets standards? How and to whom does public address concerns? (i.e. quality)
11. How does Clark County Washington figure into this?
12. Is this the prelude to privatization?
13. Concern shall be elected— citizen involvement on the board.
Group #2
1. Criteria#1 - Change word "members"to "providers".
2. Criteria#4 - Change word "agency" to "area"and "needs of the area".
3. Criteria#5 - Agencies should retain rights to their distribution system, and assets.
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued-Page 3
Group #2 (Continued)
4. Criteria# 8 - Want ability to expand authority of the agency and utilize the State
constitution provision to finance improvements-power generation for dams.
(Article II, Section D of the Oregon Constitution.)
5. Criteria#10-Agency needs to be made up of elected officials from the area they
represent.
6. Criteria# 17 - Some infrastructure needs to be kept by the individual providers in
their area-the agency will be responsible for:
A.) the dam
B.) the conduit
C.) the filter plant
D.) Powell Butte Dist.
E.) Trunk lines to providers.
7. Criteria# 18 - Citizens should have a right to vote in the providers areas.
Group #3
1. Do not have to buy all water from agency. May be some water a district does not
want. Work with highest quality water first. No Columbia and Willamette.
2. As above(referring to criteria#1.)
3. Backup supplies- aquifer storage and recovery included.
4. Remove the word "all" and add "plan and build supply transmission as far as
Powell Butte. "
5. Don't turn over water rights.
6. Ok (referring to criteria#6.)
7. No clear-cutting(let the flowers bloom).
8. Each agency sets customer rates.
9. Power generation.
10. Elected by district population.
11. Direct access to elected officials.
12. Ok, but bigger does not always mean better. (referring to criteria#12)
13. Maximize public input to water source.
14. Ok (referring to criteria#14).
15. Define water resources.
16. Ok(referring to criteria#16).
17. Ok (referring to criteria#17).
18. Ok (referring to criteria#18).
19. Sustainable watershed management plan.
Group #4
1. Concerns about "all water". Some are oppond to a certain source...the
Willamette River.
2. "All water" should be considered.
3. If you are a member you are turning over your water rights...existing and future.
Y
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page 4
Group #4 (Continued)
4. The citizens served should have input on the source of the water they are
provided, have a vote.
5. We should have public meetings and/or voter approval on new water sources.
6. Will it be possible for an individual member to exclude a specific source?
7. Where will "objective information" about water sources and water quality come
from. Will we be in complete reliance on the supply agency for information?
8. Develop costs and services and allow the patrons to determine if they want to
join.
9. Re-write Criteria#10. Each member will have representation. Individual
agencies will select a person to serve on the governing board, in addition there
should be at-large board members.
10. Regarding Criteria#18—Concern—Who will determine the cost of water sold to
non-members?
11. Work with neighborhood groups to distribute information—work closely with
local groups, local bill stuffers.
12. Fear that large regional agency will not respond to local concerns.
13. If Portland is expected to turn over the Bull Run system—what's in it for us?
(Referring to Portland ratepayers.)
14. We are concerned about being stuck with the liability that Portland brings to the
group...such as a poor distribution system.
15. How can somebody withdraw and reclaim their water rights and assets if this does
not pan out?
16. Overall Comments:
a. Water supply agency should aggressively pursue region wide water.
management activities—including aggressive conservation programs and
conservation pricing to preclude and/or delay the need for new supply
and/or storage.
b. The water supply agency should have effective public and/or regulatory
oversight to protect the broad array of ratepayer interests.
c. The water supply agency board should be elected.
d. The water supply agency meetings should be open to the public. At the
very least, minutes of closed meetings should be provided. Especially
with so many important issues yet to be decided.
e. The water supply agency should fairly compensate members for assets
turned over—including both existing and potential new assets. For
example, City of Portland ratepayers should be fairly compensated for the
existing and potential supply assets in the Bull Run Watershed.
f. The water supply agency should pursue a diversified portfolio of supply
sources and demand management.
g. Move all six Preferable Criteria to the Essential Criteria category.
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page 5
Comments Offered by Individuals
CIIBRI Preliminary Comments, offered by Frank Gearheart
• Criteria#1 -Providers should be purchasers. Membership may lead to many political
problems.
• Criteria#2 —OK. No Willamette Source.
• Criteria#3 —OK.
• Criteria#4—Change"agency"to "the area"(Metro i.e. Tri-County)
• Criteria#5 —Oppose transfer of all assets. The"entity" should not operate the
"providers"distribution system.
• Criteria#6—OK.
• Criteria#7—OK.
• Criteria#8—Are municipal providers adequate?
• Criteria#9—Sale and delivery of water only? Electrical generation and sale.
• Criteria#10—Board elected by the citizens. Not appointed!
• Criteria#11 —Method of direct access: open meetings (State ORS).
• Criteria#12—OK.
• Criteria#13 —OK. Subject to state codes.
• Criteria#14—OK.
• Criteria#15 —OK.
• Criteria#16—OK.
• Criteria#17—Combining infrastructure and operations —Bull Run Lake, Dams 1 and
2, Conduits 2, 3, 4, Powell Butte Reservoirs.
• Criteria#18. —Citizens right to vote on sources of water.
• Criteria#19—No management by consensus.
Comments Offered with no name attached.
• More public involvement.
• More diverse groups.
• Diverse input.
• Public official input.
• Public officials of all agencies including non-participating!
Comments of Jim Hansen—Tigard
• Please add the following sentiment:
No mixing of treated Willamette River water (sewage etc.) with good
Pure, Bull Run water.
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page 6
Comments and Questions from Fran Hyson
• Cost of this project.
• No Willamette or Columbia water blend.
• Will there be a yearly dues membership charge?
• Will a PUD lose its authority to join?
• Will each entity receive benefits to give their assets as some districts have no wells?
• Will there be revenue bonds or right to tax customers without their approval?
• Non members cost of water that do not contribute to cost of improvements, etc.?
• Will each entity be responsible for their repairs,pipes, growth, maintenance, etc?
• Why not form a PUD to supply water to all districts to purchase water wholesale and
possible cost effective,due that they are only a water wholesale supply source?
Comments offered with no name attached
• Is this agency necessary—
1.) Could the same source/supply issues be addressed by making existing supply
systems more efficient?
a. Consolidate Clackamas River systems.
b. JWC system.
c. Bull Run system.
2.) Create inter-ties to allow for emergency supplies.
• If making a regional system—
1.) Elected board based on regions or population.
2.) Begin by identifying common goals:
a. source water protection.
b. Equal rates.
c. Citizen input to elected representatives.
d. Then establish if such an agency can or should be created.
Comments offered by Paulette Rossi
• Program for low-income residents region-wide.
• Elected members to the board in proportion to number of customers served by water
agency or in proportion to quality of water put into water pool.
• Criteria#7 and#15 should be combined. Must use sustainable best management
practices to use water and protect watersheds.
• Water rates set by each agency.
• No third dam.
• Must be public hearing with official recorded cifl"zen testimony.
4
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page7
Comments offered by Kathy Newcomb
• Step 1 —Too complex. Go back to the idea of Bull Run and financing the
improvements for Bull Run (down to Powell Butte). Then affected cities should get
together for joint piping.
• Step 2—Again, too many source(s). PRIORITIZE. Bull Run#1. Clackamas 2"d
Tualatin/Trask 3rd (Willamette when free of deformed fish.)
• Include ASR as backup. (Not the Willamette River).
• "All"- too much. Define area, to Powell Butte, including dams and pipes to Powell
Butte. Let individual cities etc. do their own. Let groups of cities do their own
cooperative transmissions.
• (Referring to Criteria#5) No. Too complex again. Start with Bull Run. Maybe
eventually add Clackamas. Then Tualatin/Trask. (Then Willamette after deformed
fish are solved.)
• (Referring to Criteria#6) OK.
• (Referring to Criteria#7) OK? Yes, if logging is banned and roads are removed
from Bull Run.
• (Referring to Criteria#8) OK.
• (Referring to Criteria#9) and power.
• (Referring to Criteria#10) should not be appointed by cities and water districts;
should be elected by population.
• (Referring to Criteria#11) Relates to "appointment" specified in#10. Not applicable
as written.
• (Referring to Criteria#12) OK.
• (Referring to Criteria#13) Should include public input always, where water
resources are concerned.
• (Referring to Criteria#14) OK and see#7.
• (Referring to Criteria#15) Applies mostly to all 4 systems? 1)BR, 2)TT, 3)CR and
4) Willamette, which is not preferable.
• (Referring to Criteria#16) OK.
• (Referring to Criteria#17) OK.
• (Referring to Criteria#18) OK, but not including Willamette unless popular vote
approves.
• (Referring to Criteria#19) OK, with sustainable.
Additional Comments offered by Kathy Newcomb on 10-24-2001
• Priorities should be established. The Bull Run system is the first priority. The
criteria which have been developed are too extensive, in that they include all local
water systems, and are therefore highly subject to strong opposition. Any governance
system should be developed FIRST for the Bull Run system, with the thought that
additional water systems could be added as appropriate.
Public Comments on Proposed Criteria
October 18,2001-Verbatim Notes Continued—Page 8
Additional Comments from Kathy Newcomb (Continued)
• Regarding#5 ("Member agencies will turn over all of their water rights, etc..."):
This should be deleted. In our group a Clackamas-area man objected to the idea of
agreeing to turning over all Clackamas water rights without any discussion. We
agreed and reported his/our concern. But our group did not discuss the idea at all that
some water rights and supply facilities are so objectionable that they should not be
included in a regional system. Again, priorities should be established. The Bull Run
system is the first priority.
• Regarding time for public comment: I recognize the time crunch you have explained.
Nevertheless, somehow, there needs to be time for consideration of these criteria. As
you can see in#2, it did not even occur to us to discuss the inclusion of objectionable
water facilities and systems.
Comments offered by Scott Forrester
• Please answer fully all"policy positions"of the National Sierra Club, while quoting
the statement being answered. Please review and comment on every"topic" and
every sentence. (Sierra Club policy positions were attached to this comment.)
September 10,2001
....
Dear SDAO Member:
SPECIAL
Enclosed you will find the Special District Best Practices—A Self-Assessment Guide for
DISTRICTS Special Districts. SDAO has enlisted the help of members from all types of districts to arrive
at a list of best practices that can be used for members to evaluate their own operations in
ASSOCIATION comparison to what their peers have identified as the best practices for managing a special
district. This self-assessment guide is intended as a tool that managers and board of directors
OF OREGON can use to measure their progress. We realize that many districts are poorly funded and do
not have the resources to fully implement all of these practices. That is why we have a
statewide association to assist with identifying what you are not able to accomplish on your
own and help you figure out what we and the other members of SDAO can do to help.
The Best Practices Guide has been combined with the former Certificate of Achievement
Program as an educational and financial incentive program for members to receive insurance
discounts for scoring well on the Self-Assessment Guide and attending SDAO seminars and
conferences. Districts that complete and return a copy of the Self-Assessment Checklist to
SDAO or complete it online at vnvw.sdao.com by November i,2001 will be eligible to earn a
discount on their 2002 liability contribution.
The total number of points accumulated on the Self-Assessment Checklist will be applied to
the following scale. As an added bonus for the first year, districts will receive 10 points just
by completing and returning a copy of the Self-Assessment Checklist to SDAO. SDAO Risk
Control Consultants will also use the Self-Assessment when they are in the field to assist your
district.
The discount will be applied to each district's general liability contribution. The maximum
discount will be capped at$2,000. The minimum discount will be$50 for 6%, $40 for 5%
727 Center Street NE and$30 for 4%.
Salem, Oregon District Size Possible 6% Discount 5% Discount 4%Discount
Points
97301 Medium to Large 210 189-210 168-188 147-167
Small 186 168-186 149-167 130-148
Very Small 129 116-129 103-115 90-102
P.O.Box 12613
Please feel free to make multiple copies of the materials for each of your board members to
Salem,Oregon use as a reference or just call us and we will mail you additional copies. The SDAO website
at www.sdao.com also has the Self-Assessment Guide available to download or complete
97309-0613 online. Please contact Frank Stratton if you have any questions about the assessment or
Luanne Richey if you need access to any reference materials to assist in answering the
questions. They can be reached at 1-800-285-5461.
Phone:503-371-8667
Sincerely,
1-800-285-5461 fl/4.-5,c
•/r G Ls—
—
Fao:503-371-4781 Greg Baiter
Executive Director
E-mail:sdao@sdao.com
You can save time and have immediate access to reference materials by completing the
http.//www.sdao.com assessment online. Just login to www.sdao.com and click on the"Best Practices"link.
,
SPECIAL DISTRICT
BEST
PRACTICE S
A SELF-ASSESSMENT GUIDE FOR SPECIAL DISTRICTS
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SPECIAL DISTRICTS
ASSOCIATION OF OREGON
SDAO Risk Management and
Best Practices for Oregon Special Districts
Public entities are under constant public scrutiny. Policy-making elected officials are
concerned about responsiveness to their constituency. Politics may sometimes
influence decisions. Because of this,public entities operate in a different
environment than the private sector. This environment also impacts actions involving
organizational risks arising from administration, operations, and board decisions.
To properly perform their duties all Oregon special district boards and management
personnel need to address the risk management functions for their entity. Risk
management is described as a process of planning, organizing and controlling losses
for the district at a reasonable cost. Risk management functions can and do vary
widely in Oregon special districts depending upon the type, size, and complexity of a
district's operation. Risk management includes five common elements for all Oregon
districts. Districts should:
• Ensure that loss exposures are identified
• Examine the options to treat the exposures
• Select and budget for the best option
• Fully implement the best option
• Annually monitor and set appropriate policy to best manage your
operations
Special districts should establish policies that guide their risk management efforts
based upon"Best Practices." Best Practices are tools for specific activities that a
district may use or undertake to properly identify risks, and options to mitigate the
risks. Staff and budget resource limitations in many cases are obstacles in assessing
reasonable costs for the district in attempting to control and manage these risks.
In an effort to improve decision maker's abilities in setting policies to develop a risk
management program, SDAO has created a self-assessment checklist for boards and
managers to assess the Best Practices available relative to their district size and
complexity of operations. This guide generally categorizes the areas of risk by
administrative activities, operation of facilities and services,policy setting and
organizational structure. Districts are categorized in the matrix as large, medium-
sized, small, and very small organizations. Definitions are provided to assist in
determining the most appropriate classification for your district. The items identified
as"Better Practices", are considered a minimum level of risk management for an
Oregon special district, and"Best Practices"should be considered by districts as
organizations get increasingly larger and more complex.
The following Best Practices Self-Assessment Checklist is divided into two sections.
The first section should be completed by the district Board as the policy making body
of the district. The second section should be completed by district management
personnel.
Page 2
Size Classification for Oregon Special Districts
Large Organizations
Characterized by maintaining permanent staff positions for major functional areas
including Executive Director,Finance/Accounting Manager, Personnel
Administration, and various operational supervisors. Operations of these districts are
complex and require ongoing strategic planning, automatic/electronic data systems,
formal training programs, and formalized policies and procedures.
Medium-Sized Organizations
Characterized by employment of a full-time manager but other administrative
personnel may share duties that are commonly segregated in large organizations. For
example, the Finance Manager may also be responsible for personnel activities. This
size organization generally has automated systems but formal training programs and a
formal process for continually updating policies and procedures are not as consistent
as in larger organizations. Budget limitations can affect the ability of this sized
organization to commit to outside consultations and fixed budget authority for various
risk management activities.
Small Organizations
Characterized by full-time managers with no professional staff support. Manager
generally has ongoing operational responsibilities. District operations are focused on
a few primary activities. Budgets for training and risk management assessments are
limited requiring district to rely on utilizing free or low cost training and materials
available through associations or informal contact with peers.
Very Small Organizations
No full-time personnel resulting in the Board being responsible for many tasks that
are generally undertaken by staff. This district is characterized by service being
delivered and a small budget that limits training and risk management efforts to only
specific problems that arise. The district relies almost exclusively on advice from
association affiliations and peers. The district generally maintains only manual
accounting records and maintains very limited written formal policies.
Page 3
Best Practices Reference Guide
SDAO has the following reference material and sample policies available in its resource
library. If you need assistance in locating a copy of any of the following or to find reference
information on any of the questions listed,please call SDAO at 1-800-285-5461. Complete the
Checklist online at www.sdao.com and get immediate access to reference material.
Board Duties and Responsibilities
• SDAO Management and Policy Resource Guide(pp. 39-58)
• ORS 198 and the ORS Statute that governs your type of district. A listing of statutes by type of
district can be found in the SDAO Management and Policy Guide (pp. 136-137)
• ORS 246, 260 and 255 —Elections law
• Districts Elections Manual—Oregon State Elections Division
• Campaign Finance Manual—Oregon State Elections Division
• Attorney General's Administrative Law Manual and Model Rules of Procedure—Oregon
Department of Justice
Public Budgeting
• SDAO Management and Policy Resource Guide(pp. 59-90)
• ORS 294—Public Budgeting
• Local Budgeting in Oregon,Revised Edition—Oregon State Department of Revenue
• Local Budget Laws and Notice of Property Tax Forms and Instructions Booklet—Oregon State
Department of Revenue
Personnel Policies
• SDAO Management and Policy Resource Guide (pp. 234-332)
• A Handbook for Oregon Employers of Wage and Hour Laws—Oregon Bureau of Labor and
Industries
Public Contracting
• SDAO Management and Policy Resource Guide(pp. 103-118)
• ORS Chapters 279 and 282
• OAR Chapter 125
• Attorney General's Model Public Contract Rules Manual—Oregon State Department of Justice
Financial Controls
• SDAO Management and Policy Resource Guide(pp. 22-37)
• ORS Chapters 294, 297 and 310
Public Meetings and Records
• SDAO Management and Policy Resource Guide (pp. 202-233)
• ORS Chapter 192
• Attorney General's Public Records and Meetings Manual—Oregon State Department
of Justice
Page 4
SELF-ASSESSMENT CHECKLIST
District Name: Contact Person: Phone:
Best Practice Applies to the
Following Size District
Board of Directors Responsibilities All Districts ----
Better and Best Practices Small and Larger ---
**To be completed by the Board of Directors** Medium and Larger --
Large Only -
Priority
A=Better Practice(Top Priority)
B=Best Practice(Complete once Better Practices are completed)
I Yes I No I Points I Size I Priority
Board Duties/Responsibilities
Written board duties and responsibilities 2 A
INNe ON Min
Provide each board member with a copy of the key Oregon Statutes and 2 ---- A
Administrative Rules affecting your district
Distribute copy of Government Standards and Practices Act to each board member 2 ---- A
Adopt policy to utilize SDAO pre-loss legal program or seek qualified legal advice 5 A
MO MIMS=
before any major decision that could lead to a lawsuit
Annual review/training of each board member and written acknowledgement of 1 __ B
policy and training kept on file
Annually review industry association manuals/guides for assistance in setting 1
policies;(e.g.OWRC,AWWA,OFDDA,OFCA,ORPA,etc.)
Board Adoption of Annual Budget Process
Annual budgeting for Board training 1 A
Establish Budget Committee 1 ��� A
Advertise or distribute adopted budget to district patrons 1 -�Wa A
Approve annual budget 2 ---- A
Set frequency of review of expenditures to approved budget 1
Annually Review Board-Approved Personnel Policies Including:
Non-discrimination 2 �_MR A
Job descriptions 2 A
Sexual harassment 3 A
Employee benefits 2 A
NMI OM OD
Violence in the work place 2 _-- A
Employee evaluation procedures 1A_ A
Discipline procedures 3 A
MI*IMMO
Drug use 3 A
Termination procedures 5 A
Compliance with State/Federal laws&guidelines such as the Family Medical 2 _-- A
Leave Act
Page 1
N
Public Contracting
Adopt a public contracting policy and review Attorney General's Model Public I 5 --int- A
Contracting Rules
Appoint a contract review board I 1 ---- A
Adopt procedure for reviewing all new and existing contract forms with legal 1 -- B
counsel
Establish District Bylaws Involving:
IElection of officers 1 -- A
Filling vacancies 1A
A
Defined officer duties 1A
A
Public Meeting and Records
Adopt public meetings and records policy 5 ---- A
Adopt public records retention policy
2 ----
Risk Management
IInterview and select district agent of record every three years 2 ---- A
Annual coverage review of liability limits and deductibles(what and how much is 2 --- A
covered?)
I Annual coverage certificate review
1 ---
IAnnual review of district assets—establish written value schedules 1 ---- A
Adopt motor vehicle policy covering permitted use, accident 1 -- B
reporting, etc.
Maintain an agreement for legal services 1 -- B
Financial Controls
Adopt written investment policy3 A
=AM Mt
Appoint Auditor 2 --- A
Approve annual audit report in district board minutes 2 --- A
File audit with Secretary of State1 A
---
Require bond or letter of credit of any board member or employee charged with 1 -- A
possession and control of district funds
Establish minimum internal controls for access to district funds 1 ---- A
Education and Training: During year 2001 sent at least one board member to:
SDAO Board Member Training Seminar 5 ---- A
SDAO Annual Conference 10 ---- A
SDAO Personnel Management Seminar 5 --- A
SDAO Public Contracting Seminar
4 ----
Page 2
Best Practice Applies to the
` Following Size District
Management Responsibilities All Districts ----
Better and Best Practices I Small and Larger ---
**To be completed by management personnel** I Medium and Larger I --
I Large Only I -
Priority
A=Better Practice(Top Priority)
B=Best Practice(Complete once Bester Practices are completed)
Personnel Management Yes I No Points Size Priority I
IWritten employee job descriptions and task assignments 3 A
Annual employee evaluations I 2A
"__
Personnel policies signed off by every employee and volunteer I I 2 I `AU 111. A
Maintain secure personnel files on all employees I I I 2 1 !.. I A
Regularly scheduled employee training I I I 3 I I A
ICriminal background checks on new hires I I I 5 I I B
Financial Internal Controls
ISeparation of duties for deposits and checkbook reconciliation 3 ____ A
IPetty cash and checks locked in a secure location I 2 A
I More than one employee or board member required to sign checks 3 A
N M 11.1111••
Premises and Equipment Management
Annual physical hazard review 2A
MI--In
SDAO Loss Control Inspection 5 ��sa A
IADA requirements for public access followed I 5 A
I Equipment safety/maintenance schedule and logs(including vehicles) I 2 A
w 4•••
IAnnually allocate budget funds to maintain property in a safe condition I 2 _al Ma_ I A
Adopt an emergency and disaster planning/recovery plan I 3f- I A I
Mt NMBusiness invitee risk assessment I 1 �..` I A I
Emoyee Safety and Workers' Compensation J
Regularly scheduled employee safety trainingI 3 ��� A
OHSA compliance program 2 A
OM MOM WI
Hazard communications plan in place and strictly followed 3 A
Post required State and Federal posters 2 A
MO=In ME
Safety Committee in place(if you have 10 or more employees) 3 A
Early return to work program for injured workers 5 B
Page 3
Insurance and Risk Management
Annually review all property and update values for fire,flood and earthquake 15
A
losses d
Maintain schedules on real and personal property I 3 A
Annually review insurance agent responsibilities and performance with agent 2 ��� A
Backup offsite for all important electronic records/systems 2A
Annually review with insurance agent all coverages and special exposures 1MOD.11R In
A
Annually check DMV records of all district vehicle drivers and provide driver 3 _� B
training as needed
Contract Management
All contracts in writing I 3 I A
Contracts drafted or reviewed by your attorney 1MN-— A
All contract changes in writing and insure payments reflect subsequent changes 1 ��� A
Inspect contract terms for compliance before final payment 1 --_ A
Education and Training: During year 2001 sent at least one management employee to:
ISDAO Board Member Training Seminar 5 ��., A
ISDAO Annual Conference 10 A
ISDAO Personnel Management Seminar 5 ��_ A
SDAO Public Contracting Seminar I 41110 MI MR A
Districts that complete and return a copy of the Self-Assessment Checklist to SDAO or complete it online at
www.sdao.com by November 1, 2001 will be eligible to earn a discount on their 2002 general liability
contribution.
The total number of points accumulated on the Best Practices Self-Assessment Checklist will be applied to the
following scale. As an added bonus for the first year,districts will receive 10 points just by completing and
returning a copy of the Self-Assessment to SDAO. SDAO Risk Control Consultants will also use the Self-
Assessment Checklist when they are in the field to assist you with answering the questions.
The discount will be applied to each district's general liability contribution. The maximum discount will be
capped at$2,000. The minimum discount will be$50 for 6%, $40 for 5%and$30 for 4%.
Below circle what size category your district falls under. Refer to the definitions listed on page 3 of the
Self-Assessment Guide.
I District Size* Possible Points 6%Discount 5%Discount 4%Discount
I Medium to Large 210 189-210 168-188 147-167 1
I Small 186 168-186 149-167 130-148 1
I Very Small 129 I 116-129 103-115 90-102
Return to: Special Districts Association of Oregon Save Time and Money by
P.O.Box 12613 Completing the Self-Assessment
Salem, OR 97381
Fax: (503) 371-4781 Checklist online at www.sdao.com
Page 4
I
Tualatin Valley
Fire & Rescue
October 19, 2001
Board of Directors
Tigard Water District
13125 S. W. Hall Boulevard
Tigard, Oregon 97223
Board Members:
For the past five years, I have served on the Metro Policy Advisory Committee (MPAC)
first as the alternate and then as the representative for the Special Districts of Washington
County.
I will be resigning that position effective January 1, 2002. Per MPAC's by-laws, my
alternate, Mark Knudsen, Tualatin Hills Park &Recreation District Board Member, will
assume my vacated position.
Mark will need an alternate. Any member of your Board who wishes to serve as the
Alternate, should contact Jeanne Koppel (THPRD staff) at (503) 645-6433. This position
is open only to elected/or appointed members of your Board of Directors. MPAC
normally meets the second and fourth Wednesdays of the month from 5-7 p.m. at Metro,
600 N. E. Grand Avenue, Portland. The Alternate represents the Special Districts when
the representative is unable to attend the MPAC meeting.
Following the compilation of a list of interested individuals, your Board will be asked to
approve an alternate. A written approval is requested and is customarily forwarded to
MPAC.
If you have a question, or wish further information, please feel free to contact me prior to
January 2 either through Joan Caldwell at TVF&R (503) 649-8577, or at my home, (503)
643-4311.
I wish to thank all of you for giving me the opportunity to represent the Special Districts
of Washington County at MPAC. I have thoroughly enjoyed it.
Respectfully,
Carol Gearin
TVF&R Board of Directors
Administration Office
20665 S.W. Blanton Street,Aloha, Oregon 97007 Phone (503) 649-8577 Fax (503) 642-4814 www.tvfr.com
SEPTEMBER 2001
Special. Distn' cts
NEWS AND RISK MANAGEMENT REVIEW
"flu,, New Board Members Take Office
mph
The SDAO Board of Directors swore in Greg DiLoreto is the General Manager
SPECIAL DISTRICTS
ASSOCIATION OF OREGON two new members at their July 26 board of Tualatin Valley Water District which
—�— meeting at the Special Districts Center in serves the communities of Beaverton,
Salem. New to the Board are Karl Cozad, Hillsboro, Tigard, Sherwood, and
In this Issue Northern Wasco County Park&Recreation unincorprated Washington County. Prior
President's Message District,and Greg DiLoreto,Tualatin Valley to his employment with the district he
(page 2) Water District. served as the Director of the Department
Karl Cozad has been employed with the of Environmental Services for the City of
Comp Time for Local Northern Wasco County Park and Gresham for twelve years.
Government Agencies
(page 3) Recreation District in The Dalles as its Over the years, Greg has worked with
Executive Director for the past eleven years. a number of local government committees
Medical Service Providers He brings to the SDAO Board more than on matters affecting public works issues.
of Fire Districts Eligible
for Partial Overtime 29 years of public sector service. When asked why has was interested in
Exemption (page 4) Karl has been a member of ORPA being an SDAO board member,he replied
Amendments Adopted to (Oregon Recreation & Park Association) "I believe I can use my past experience in
Division 1 Safety and NRPA (National Recreation and Park serving on numerous committees to help
Committees (page 4) Association) since the 70's. He is excited spread the message of the good things that
DEQ Offers Solid Waste to have the opportunity to personally special districts provide."
Grants (page 4) contribute to SDAO's efforts in meeting its Greg was appointed to fill the water
Workers' Compensation goals and mission,and will serve on the board district seat on the board through June 30,
Coverage Requirements as an at-large park and recreation district 2003.
Under Public Contracts representative through June 30,2002. Congratulations to you both!
(page 5)
Nominations for 2002 a 1
Achievement Awards
(page 6) Get Linked to www.sdao.com We Need Your Pictures!
Board Member TrainingSDAO makes every effort to ensure that If you recently built offices,purchased
Seminars Coming Your our members have access to the web new equipment,or started a new project,
Way(page 6)
pages they need. Now you can help. If let us know. SDAO is updating our ex-
Health Corner (page 7) your district has a web page or you know hibit booth and needs
What's New at SECU of a web page that would be helpful to new pictures of district
(page 7) other districts, let us know and we can facilities and/or their i
Educational Opportunities link it to the SDAO home page. Send us projects. Whether it's
(page 7) an E-mail with the address of the page a new fire truck, or a
you want linked. You can find us at district building,we would love a snap-
sdao@sdao.com or call our office at shot(digital images would also be great).
(503)371-8667/(800)285-5461. We'd love to show you off at our
affiliate's conferences around the state.
2
President's Message
The SDAO Board of Directors lucky to have so many dedicated individuals risking their
recently solicited applications to lives for the people of Oregon.
fill two vacant seats on the The SDAO Conference Committee has started planning
Board.Karl Cozad,Executive
for the 24th Annual Conference in Seaside on February 8-
Director of Northern Wasco 10,2002.With the 2002 Annual Achievement Awards just
Park and Recreation District, around the corner,I would like to encourage you to begin
and Greg DiLoreto, General thinking about submitting an application for a program or
Manager of Tualatin Valley an individual that you believe is deserving of special
Water District,were appointed recognition. Information on submitting nominations will be
to fill those vacancies. We are extremely pleased to mailed to all member districts in November. The 2002
have these individuals join the Association's Board of Awards Banquet is scheduled for February 9 at the Seaside
Directors and look forward to working with them on Convention Center during the SDAO Annual Conference.
your behalf.
We would like to thank all of those members who applied The SDAO Board and Trust are pleased to announce that
for these vacant board positions. It is the willingness of we have selected American General/VALIC as the new
provider for the Length of Service Award Program
our members to volunteer and serve the Association in (LOSAP). We are very impressed with VALIC's
various capacities that enhances our effectiveness in experience in LOSAP plans and deferred compensation
meeting the needs of our members. programs and are certain that our members will benefit
I would also like to take this opportunity as your President from this change. (See the article on page 5). For more
and as Fire Chief for St.Helens Fire Protection District information contact Greg Jenks at (503) 371-8667 or
to thank the many firefighters who have been battling 1-800-285-5461.
Oregon's wildfires these past few weeks. We are very -George Dunkel
Who's Who a t SDAO
Board of Directors Board of Trustees
President,George Dunkel Chair,Howard Terpenning
St.Helens Rural Fire Protection District Past Interim SDAO Executive Director
Past-President,Ron Willoughby Vice Chair,Jeff Huntley
Tualatin Hills Park and Recreation District Tualatin Hills Park&Recreation District
Vice President,Tom McCann Secretary,Dave Crowther
West Umatilla Vector Control District Bend Metro Park&Recreation District
Secretary,Mike Gaul Alan Fletcher
Oregon International Port of Coos Bay Clackamas River Water District
Treasurer,Bob Ringering Dave Penicook
North Unit Irrigation District Klamath County Fire District#1
Park&Recreation Districts Representative,Don Loving Staff
Chehalem Park and Recreation District
Sanitary/Sewer Districts Representative,Chuck Root Greg Baker,Executive Director
Bear Creek Valley Sanitary Authority Scott Bennett,Insurance Services Program Manager
Water Districts Representative,Greg DiLoreto Frank Stratton,Underwriting Manager
Tualatin Valley Water District Sandy Kosharek,Underwriting Technician
At-Large District Representative,Karl Cozad Ron Downs,Litigation Manager
Northern Wasco Park&Recreation District Gene Moss, Risk Specialist
At-Large District Representative, Sally Jones Greg Jenks,Business and Human Resources Manager
Columbia 911 Communications District Michael Doherty,Accounting Manager
At-Large District Representative, Chuck Petersen Shelly Barker,Accounting Technician
Oak Lodge Sanitary District Luanne Richey,Information and Resource Manager
At-Large District Representative, Vacant Terry Welch,Administrative Support Specialist
Amy Bergstrom, Receptionist
Contact SDAO at(503)371-8667(Salem)or 1-800-285-5461 Statewide
l
3
Comp Time for Local Government Agencies
All local government agencies are subject to the Fair Labor A. If an agency employs five or more firefighters, the
Standards Act that regulates minimum wage, overtime, agency may pay them overtime after 53 hours in a week.
recordkeeping and the employment of minors. In addition, This is only allowed for employees who are actually
they are subject to ORS 279.340,which regulates overtime. engaged in fire protection activities.
Employees who work more than 40 hours in a workweek Q. Is it true that fire district employers having five
must be paid overtime. or more firefighters may average an employee's
Compensatory Time hours worked over a four-week period for the
purpose of calculating overtime?
Q. Are local government agencies allowed to use A. Yes. In averaging firefighters' hours worked over a
"comp" time in lieu of the overtime requirement? four-week period will comply with state law as well.
A. Yes, when budgeted funds are not available to pay
overtime, government agencies may use compensatory Q. May other employees of fire districts be paid in
time. In addition,the agency and the employee may agree the same way, that is, averaging their hours over a
to use compensatory time instead of paying overtime. It 28-day period?
must be figured at one and one-half hours for each hour A. No. Civilian employees who work in dispatching,
of overtime worked. repair or maintenance,and clerical workers are excluded
from this provision and must be paid overtime for hours
Q. Do the federal caps on comp time apply? worked over 40 in a week.
A. Yes. Federal law allows a maximum of 240 hours of
comp time which represents 160 hours worked. If an Q. Are there overtime requirements in fire districts
employee works any additional overtime after 240 hours employing fewer than five firefighters?
have been accrued, the time must be paid. Lower caps A. Yes. State law requires that any"regularly organized
may be set on comp time. fire department," maintained by a city, municipality or
fire district and employs four employees, must pay
Q. May the agency set limits on the use of comp overtime anytime a firefighter works more than 56 hours
time? in a week. Such fire departments may average the hours
A. Employees must be permitted time off,unless it would worked per week in each quarter of the fiscal year for
unduly disrupt the operations of the agency. the purpose of calculating overtime.
Q. May the employer cash comp time out at the Fire departments employing fewer than four firefighters
rate that was in effect when the time was earned? must pay overtime for any week that a firefighter works
A. No. Federal law requires that comp time be cashed more than 72 hours. The fire department may average
out at the rate earned by the employee at the time the the hours worked per week over each quarter of its fiscal
employee receives the payment. In cases of termination, year for the purpose of calculating overtime. ORS
comp time must be cashed out at the current rate earned 652.260.
or the average rate earned during the last three years of
employment,whichever is higher. Q. Is there any requirement to give days off?
A. In Oregon, all firefighters must be allowed 48
Comp Time for Fire&Emergency Response consecutive hours off duty during each seven-day period.
Personnel
Q. For purposes of overtime payment and keeping
Q. Is there a higher comp limit available to fire time records, how are vacation and sick hours
and to emergency response personnel? handled?
A. Yes,a 480-hour limit is available to these employees A. State law requires fire district employers to include
as well as to drivers and dispatchers of emergency and count vacation and sick leave hours along with hours
response vehicles in connection with fire and policy actually worked for the purpose of calculating overtime.
protection. For example, if a firefighter actually worked 53 hours in
Q. What are the overtime requirements for a work week,and,in addition,was on sick leave for eight
firefighters? hours, the employee must be paid 53 hours at straight
time and eight hours must be paid at time and a half.
Continued on page 6
4
Medical Service Providers of Fire Departments are now Eligible
for the Partial Overtime Exemption under the FLSA
As you may know paid firefighters who work 24 (4)be engaged in the prevention,control or
hour shifts are eligible for a partial overtime exemption extinguishment of fires" or "response to
under the Fair Labor Standards Act,("FLSA"). Under emergency situations where life,
section 207(k),firefighters can work up to 212 hours in property or the environment is at risk."
a 28 day work period without having to be paid overtime. If you are one of the many fire districts which
Historically, this exemption only applied to paid employs emergency medical service employees working
firefighters. However, under a relatively new in their traditional role of responding to medical
amendment to the FLSA,the definition of the term"fire emergencies,then you may now be potentially eligible
protection"has know been extended to certain medical for the partial overtime exemption;regardless of whether
employees, including paramedics, emergency fire personnel are actually involved at the scene.
medical technicians, rescue workers, ambulance To seek the exemption, you must insure that your
personnel, or hazardous materials workers. workers meet each of the elements listed above. In
To qualify for the exemption,an employee must: addition, it may be advisable to modify your job
(1)be trained in"fire suppression;" descriptions to require EMS employees to be trained in
(2)have the"legal authority and responsibility fighting fires.
to engage in fire suppression;"
(3)be employed by a fire department of a By Ron Downs,Litigation Manager Special Districts Association of
municipality,county,fire district or state;and Oregon, with special thanks to Special Districts Association of
Colorado and Robert G. Cole of Collings,Cockret&Cole,P.C.
Amendments Adopted to DEQ Offers Solid Waste Grants
Division 1 , Safety Committees The Oregon Department of Environmental Quality
Effective July 13,2001,Oregon OSHA adopted a change (DEQ)is offering solid waste grants to local governments.
to OAR 437-001-0765(5)(a)(A), in Division 1, General The focus for the 2001 grant is a Commercial Waste
Administrative Rules. The change brings the Prevention/Reuse,and Natural Lawn and Garden Care.
administrative rule into agreement with ORS 654.182 Any local government responsible for solid waste
regarding the role of labor organizations in the selection management is eligible to apply. Local governments may
of safety committee members. The amended paragraph receive grant funds to conduct their own projects or may
pass through money to community groups, private
now reads: individuals,non-profit organizations,schools,businesses,
"(A)Be composed of an equal number of employer and or chambers of commerce, who will work under contract
with the local government.
employee representatives. Employee representatives shall The solid waste grant program helps local governments
be volunteers or shall be elected by their peers unless plan for and operate solid waste management and waste
there is a provision in their collective bargaining reduction programs that help Oregon meets its waste
Agreement that addresses the selection of employee management and recovery goals. Since 1991, 162 solid
representatives. When agreed upon by workers and waste grants totalling$2.95 million have been awarded. In
management,the number of employees on the committee 2001,DEQ expects to have approximately$250,000 available
may be greater than the number of employer for focus area and general solid waste grants and
representatives. Seasonal workers shall not be counted approximately $150,000 for household hazardous waste
for the purpose of determining the number of members grants.
who will serve on the committee." Application materials are now available and due by
October 1,2001 (postmarked). Awards will be announced
Contact OR-OSHA at (503) 378-3272 or at January 2, 2002. Contact DEQ in Portland at(503) 229-
www.orosha.org for a copy of the amended rule. 5913, or 1-800-452-4011. Visit their web site at
www.deq.state.or.us/wmc/solwaste/grantannounce2001.html.
5
Workers' Compensation FIRE Length of Service
Coverage Requirements -� Award Program
Under Public Contracts �Ay
• Has New Provider
Effective May 25, 2001, ORS 279.320(2)was amended SDAO is pleased to announce American General/VALIC has
under Senate Bill(SB)507. This law previously required been selected as the new Length of Service Award(LOSAP)
out of state employers bringing employees into Oregon provider.
under public contracts to obtain Oregon specific workers' LOSAP is a retirement benefit tool available to fire districts
compensation insurance. The amended law reads: and city fire departments. The program provides an incentive
Every public contract also shall contain clause or for volunteers to continue in fire service, and is a way
condition that all subject employers working under districts/cities can express appreciation to volunteers for
the contract are either employers that will comply with their efforts and years of service.
ORS 656.017 or employers that are exempt under The LOSAP plan meets the following objectives:
ORS 656.126. • Encourages participation and longevity of service by
Essentially, this means that workers' compensation providing a financial reward for volunteer firefighters.
coverage for public contracts in Oregon is now applied in • Allows each district or city to design its own formula
the same manner as private contracts. Employers who for eligibility.
are required to have workers' compensation insurance • Gives districts and cities complete control over the
must still obtain coverage contingent to the law where the annual amount placed into the plan.
work is being done. On temporary work assignments, • Allows volunteers to control the direction of their
Oregon law allows coverage from other states when the investments.
other state also allows Oregon coverage in their state. • Defers income taxes on funds contributed to volunteer
This is known as extraterritorial reciprocity. It is the law accounts.
found in Oregon statute ORS 656.126 exempting
employers and workers temporarily in Oregon who are American General/VALIC has specialized in tax deferred
covered in another jurisdiction. Injured workers from other retirement programs for more than 45 years. In terms of
states under public contract in Oregon can now seek assets,VALIC ranks in the top 1%of all U.S.and Canadian
benefits directly from the workers'compensation system life insurance companies.
in their own state without filing an Oregon claim. VALIC has experience in LOSAP plans in other states and
It is anticipated that the amendment will be especially currently provides 457 deferred compensation services to
significant for Oregon employers and injured workers numerous SDAO members. American General agents are
involved with public contracts in the State of Washington. located throughout Oregon and emphasize direct,personal
It is also expected to have a positive and major impact on service.
Oregon employers of wildland firefighters called on short Districts and cities enrolled in the existing LOSAP program
notice to work in another state, as well as out of state will have an opportunity to roll over plan assets to the new
employers who send firefighters into Oregon. provider.
The amended law applies to contracts entered into on or
after May 25,2001. Public contracts entered into prior to
that date will continue to be subject to the contractual Want to Put Something in the Newsletter?
agreement made at the time. Employers with existing
public contracts may want to consult with their insurer Do you have an article or an idea for a good story?
regarding coverage requirements. How about a job announcement or upcoming event?
If you do,let us know. The deadline for submission
Any questions regarding the new law should be directed is the 15th of each month. Information can be
to the Oregon State Workers' Compensation Division, accepted by e-mail at sdao@sdao.com, fax at(503)
Employer Compliance Unit,(503)947-7815. Additional 371-4781,or mail at P.O.Box 12613,Salem,Oregon
information can be obtained online at www.oregonwcd.org. 97309-0613. If you have questions or ideas, call
Luanne Richey at 503-371-8667 or 800-285-5461.
6
Nominations for 2002
0'1 2 Comp Time Continued frompage3
Achievement Awards Fire department employers having four or more
firefighters may,if the firefighter agrees,pay straight time
In an effort to recognize significant accomplishments by wages for hours worked in a week when an employee is
member special district organizations, volunteers and replacing another on authorized leave or filling a vacancy
managers throughout Oregon,SDAO will again sponsor temporarily,even though the employee has worked more
its Annual Achievement Awards Program in 2002. than 53 hours,provided the employee's decision to fill the
Information on submitting nominations will be mailed to vacancy is freely made.
all districts in November. In the meantime, consider
possible nominees for the following categories: For more information contact BOLI Technical Assistance
at(503)731-4073.
Innovative Program
Adapted from COMP Time For State&Local Government Agencies,
• Original program Q&A(www.boli.state.or.us/technical/tagovot.html)
• In operation long enough to have demonstrated
results Board Member Training
• Saves costs, or increases quality of service without
significant increase in cost Seminars Coming Your Way
• Adaptable to other similar districts
Are you a newly elected official who's a little uncertain
Outstanding Public Information Program about the duties and responsibilities of a special district
• Developed to improve continuing communications board member? Or maybe you've served on a board or
between a district and its patrons worked for a district for some time and are looking for
• Developed for a specific purpose(i.e.,implementing ways to more effectively perform the duties and respon-
a new program or service,dealing with a particular sibilities that are essential for the successful operation of
problem or issue) your district. In either case, this seminar is a"must."
• Resulting in expanded citizen involvement and Dates have been set in five locations statewide for
participation in district's operation and policy-making SDAO's Board Member Training Seminars, presented
process by Andy Jordan partner in the Lake Oswego law firm of
SDIS Safety Program Jordan Schrader(formerly Tarlow Jordan &Schrader).
• Programs developed and implemented by the district In addition to his reputation for training excellence,Mr.
to reduce the risk of on-the-job injuries and liability Jordan has more than 25 years experience in Oregon lo-
exposures in all areas of district operations cal government law. He serves as legal counsel to many
• Significant,demonstrated reductions in the frequency, cities,counties,and special districts.
severity,or risk of accidents and claims Seminars will run from 9 a.m. to 3 p.m. Cost is $70 per
• Demonstrated,widespread involvement and support person. Lunch and continental breakfast are included.
for safe operations by the district's board of directors, Watch your mailbox for registration materials. For more
management staff and employees information call Luanne Richey at 1-800-285-5461.
Special District Volunteer of the Year ••• " " '' " " " '' '' •• " '•
• Recognizing an individual affiliated •with a special Wednesday, September 26 •
district who has made significant contributions to the Eastern Oregon University, LaGrande
district or the larger community as a volunteer • Wednesday, October 3 •
Special District Manager of the Year •BBest Western Agate Beach Inn, Newport •
• Recognizing the manager of a member special district • Thursday, October 4 •
•
who has contributed substantially to the improvement • Windmill Inn, Roseburg •
and successful operation of his or her district • •
••
Friday, October 5 •
Special District Employee of the Year • The Riverhouse, Bend •
• •
■ Recognizing an employee of a member special district • •
who has contributed substantially to the improvement • Tuesday, October 16 •
•P • • • • • • • • •t• •I• • • • •1•t•n• • • • • •
and successful o eration •of his or her district •
•
7
Health Corner ' Educational Opportunities
Want to lose weight? " SDAO Board Member Training Seminars
Eat more Wednesday, September 26
Eastern Oregon University,LaGrande
The catch is to eat what health experts call low-energy
density foods. That means food that has lots of weight Wednesday, October 3
and volume but not many calories, such as fruits and Best Western Agate Beach Inn, Newport
vegetables. The density of the food we eat determines Thursday,October 4
how much we end up eating,so consuming low-energy Windmill Inn,Roseburg
density foods will make you feel full and satisfied
without costing a lot of calories. For example, one Friday,October 5
tablespoon of butter has the same number of calories The Riverhouse,Bend
as 10 cups of most vegetables. You don't have to give
up your favorite higher calorie foods, either. Instead, Tuesday,October 16
you can fill up on low-energy density foods and have a Sweetbrier Inn,Tualatin
small amount of a higher-calorie favorite,like cheese. Enhancing Supervisor Effectiveness
---adapted from Fortune Various Dates and Locations
September and October,2001
Contact: Dana Cozad(503)585-1121,ext. 330
What's New at SECU! NRPA Playground Safety Inspector
Certification Course
Loans at the Speed of Need September 10-12,2001
Getting a new or used vehicle loan from SECU is quick Contact: Frank Jagodnik(503)738-9433
and easy. Apply at our office or at www.secuor.org for
a preapproved vehicle loan. If you prefer,visit a Credit Oregon Workers'Compensation
Union Direct Lending(CUDL) dealership and apply for Educational Conference
your loan there -- even if we're closed. New vehicle September 17-18,2001 --Portland
loans are as low as 7.5%APR*and used as low as 8.5% Contact:(503)947-7622
APR*. Visit www.cudirect.com or call us for a list of
participating dealerships. LGPI Workforce Management Conference
September 19-20,2001 -Tualatin
Put Your Home to Work for You Contact: Karin Reesa(503)588-2251
Remodel the house, pay educational expenses or
consolidate bills with an 8.25% APR* fixed rate home ORPA Annual Conference
equity loan from SECU. Features include a low$99 loan September 23-26-Seaside Convention Center
fee, financing up to 100% of your home's value and a Contact: Frank Jagodnik(503)738-9433
10-year term. In most cases, the interest you pay is tax
deductible. Don't delay-apply today! Water Law Seminar
October 30-31,2001 -Eagle Crest
*-Rates effective 8/14/2001 and are subject to change. APRs include Contact: OWRC(503)363-0121
a 1/4%discount for use of checking,direct deposit and automatic
loan payment at SECU. If you don 1 use any of these services,the OFDDA/OFCA Annual Conference
APR will increase by 1/4%. The rate you receive is fixed for the November 8-10,2001 --Seaside Convention Center
term of the loan. Subject to credit approval. Additional home equity
loan information: If the loan is paid offwithin the first three years Contact: Brenda Spence(503)378-0896
an early payoff fee will be assessed. Minimum loan amount is
$15,000. Please consult your tax advisor regarding the deductibility OWRC Annual Conference
of interest. December 5-7 --Oceanview Resort, Seaside
Contact: (503)363-0121
To learn more about the benefits of belonging to State
Employees Credit Union, log on to www.secuor.org, or SDAO 24th Annual Conference
call(503)585-7084 in Salem,(503)227-4132 in Portland February 8-10,2002--Seaside Convention Center
or (800) 452-7816 elsewhere. ` Contact: LuanneRich_1-800-285-5461
P.O. Box 12613 PRSRTSTD
Salem, OR 97309-0613 U.S.POSTAGE
(503)371-8667/1-800-285-5461 PAD
SALEM,OR
PERMIT No.263
:"
iiiirliii;Nu��.M
;'i ::Ec;:~�• 3-1]TGET 972
•ilii;;- Y.�c�c*�cYc**Ye*�:*�c**Ye�e�c�e�crex.�k�e**
Mr, Dennis Koellerineier PKG 9 SACK S
SPECIAL Utility Manager
Tigard Water District
DISTRICTS 13125 SW Hall Blvd
Tigard OR 97223-8144
ASSOCIATION II ii.ititiiii.i.iiiuii,i,tip<<<ii11iiiiilit.lifttili«<iiti
OF OREGON
-III- The mission of the Special Districts Association of Oregon is to assist special service districts
in providing cost-effective and efficient public services to the people of Oregon.
SUTRO 8t CO
Fire Apparatus - Revenue Bonds - Emergency Medical Equipment - Land Acquisitions -
Emergency Communications Systems - General Obligation Bonds - Essential Service
Real and Personal Property Acquisitions - Cash Flow Borrowing - Interim Financing
Special Districts Association of Oregon
Pooled Cooperative Financing Programs
(FLEXLEASE-FLEXTRAN)
Sutro & Co. David C. Ulbricht, Vice President
1800 Fox Tower (503)833-5264 E-mail: dulbricht@sutro.com
805 S.W. Broadway
Portland, Oregon 97205
(800)547-4006/Fax(503)227-0434
Member SIPC/NASD
'. }. b- Iii
, l
" , )1 I t�� ,
SUNDAY+NO\(EMBER ,,:?pp1 `• } --"`
r � -�• POrtlandA R�:n authorifflclal shif is focus toa BullPlan .forWater. o
• Continued from Page Cl Columbia River,is roughly 400 mil- opposition. Water Bureau, said he didn't see chance to join in.Water managers Suburban customers could grab
Stn e v v(.1 ter lion gallons, about half from the Activiststurned out in force any danger of the Willamette en- say a regional agency would help *their wallets and run once they see
6 ' idea since the Bull Run was tapped mand ist Bull Run. Byexpected to reach652050, 0 mil- mer• •this month fora meeting on tering wouldn't the
picture.
lgroup that tapped tappee d decision making such eliminate piecemeal and expanding the Bull Run.maintainingthe potential cost of
• in 1895, would have governed the the regional agency idea Their crit-
bout lion gallons, with most of that the Willamette,he said.And popu
a en is M Clackamas River,two Bull Run res- icisms, along with concerns about Sten now plans to focus on cre- Tualatin Valley recently project-
growth coming in the next 20 to 30 lar sentiment,illustrated by subur- atin a Bull Run authority, which
res-
ervoirs near Mount Hood and the y in Washington and Clacka the administrative costs and corn ban votes against the Willamette in g �' ed that getting all of its additional
Trask-Tualatin system that serves mas counties. • plexity of such a large agency, recent years, would mandate ex he first proposed in March. That supply from Portland via a third
ab the area's Westside. prompted the water managers to ex-
panding the Bull Run. authority would give the city's sub g�Run dam would lead to aver
doped The region might be able to fill back of£ p gurban customers,including Gresh age rate increases of 5 percent a
For Portland, the agency could the gap through increased conser Bull Run water already is being am, Tualatin and Tigard; a long- year for the next 10 years, includ
,have provided the biggest possible vation and relatively small projects, "There's entirely too much dan- mixed routinely during late sum- sought ownership share and par ing three years of increases ranging
pool of ratepayers to pay for$410 such as expanding the Clackamas ger of eventually getting the Wil mer with water from the city's tial control of the city's system. from 8 percent to 10 percent
million in planned-for improve- River'draw and raising the two lamette River popped into there" .wells. That blending will increase, It also would give Portland a Maintaining the status quo would
After some strongly oppose it, ments and a third Bull Run reser- existing Bull Run darns. But that with one large agency governing Sten said, until the "paralysis" g
managers decide against merging voir,enough to wean the city from strategy would require more reli- supply, said Barbara Kemper, a caused by the region's inability to guaranteed and growing customer mean steady increases of about 3
summer use of its politically un- ance on Portland's, wells, which Clackamas County river and agree on a solution is broken base to help pay for Bull Run build percent a year for the next decade,
three water sources to create a popular well fields and provide provide 90 million gallons of peak watershed activist who applauds Dale Jutila, general manager of mg needs, though not as many the district projected.
Portland-area supplier water for threatened fish. customers as a fully regional sys
capacity but have been threatened the renewed focus on the Bull Run. the Clackamas River Water Dis tem. Portland's water reaches Joint meetings of the region's
For the suburbs, it could have off and on by solvent pollution. • "People would definitely not want trict, said a regional agency could 840 000 people in the city and sub water providers are set for next
By SCOTT LEARN helped ensure that population Or the region could tap one of that" have helped defer a major supply month and for January.At the Jan-
THE OREGONIAN ; growth didn't drain water supplies. the three sources with the most ex- expansion b mterconnectin the orbs out of 1.3 million in the re
Some elected water officials y g giorr uary meeting, agencies will be
The recently floated notion of merging And for the region,it could have pansion potential: the Willamette from the west side also panned the three water supplies. With a big asked if they want to commit to
the Portland region's three main water helped spur a system of pipelines, and Columbia rivers and the Bull idea.Hillsboro,which gets its water enough pipeline, he said, the The Bull Run plan, largely un- studying the Bull Run authority
sources under one mega-agency is sink- first detailed in a 1996 regional Run. A third Bull Run dam, esti- from the Trask Tualatin system, Clackamas could relieve the Bull formed, faces hurdles, too, al further,Sten aides said.
ing before it can swim,weighed down by study, to connect the three sup- mated to cost$210 million,would flat out rejected it. Richard Burke, Run reservoirs in early summer, though activists are largely behind
water activists,;suspicions that a regional plies and provide backup in case of add 270 million gallons a day of ca president of the Tualatin Vall when river flows are high but the it. Potential bones of contention "There has to be clear ground
agency;would;end up tapping the Wil- local shortages or emergencies.At pacity. 1 Bull Run is beginning to be drawn include imposing conservation re rules for this new organization,and
lamette River ' this point, interconnections re- Theregion's cadre of water ac- Water District board,said a region- down. quirements on suburbs with poor there has to be a little bit of togeth-
Earlier this fall,water managers from main limited. tivists contend the engineers who `ti agency could end up costing a
bundle. Tualatin Vallwith The regional agency."was not a records of saving water, the politi- emess and trust to make it work,"
around the Portland area had proposed Step's idea of a Bull Run author- influence water supply decisions 160,000. customers, uses ey, water kind of back-door approach to the cal clout of Portland compared Sten said."But I think everyone re-
considering a three-source'regional sup- ity, involving mainly Portland and are biased in favor of the Wiliam- Willamette, Jutila.said. It,was a with suburban agencies and the alines that doing nothing is not an
ply agency as a way to make smarter, tts suburban customers, could still ette, making little distinction be- from the Bull Run and the Trask way to use all these sources. The amount suburban ratepayers option."
swifter decisions about expanding the make progress in those areas. But tween treated Willamette water Tualatin. fact of the matter is it could have would have to pay for an owner •
-
regions water supply,:-increasingly "I think what started out as an delayed the need too to the Wil-. ship share.g
the abrupt demise of the regional and water from the Bull Run's
strained by growth and parceled out to agency idea illustrates how tough it 100,000-acre reserve. interesting concept has grown into lamette or some other source." Portland customers could rebel You can reach Scott Learn at
38 agencies in Clackamas,•Mul o will be to transcend water politics Water officials would likely turn a Frankenstein and I think we need Clackamas River Water, the at ceding ownership, which gives 503-221-8564 or by e-mail at scot
-
them to kill it," Burke said. "I don't see
and Washington counties...., and cut a deal to'a lower-cost Willamette in the Rockwood People's Utility District them first dibsib 'on Bull Run water. Hearn@news.ore onian.com.
But the managers'decided last weekto The water agencies have to fig- long run, activists say, instead of how it helps my constituency." and Gresham may build a$33 mil
drop „jedea after activists and some ure somethingout The region's increased conservation and the lion pipeline to move Clackamas
Sten doesn't see Willamette use water north, thou the project
electtdt. • • from the region's west. , current peak-day capacity, not in- Bull Run,particularly if a big agen- l p j
side gave it a�receptjon .'r,”; chiding Portland's wells.along the cy insulated them from grass-roots Sten,who oversees the Portland has been delayed to give Portland a
Instead, interested agencies will pin.- -, ,
sue,JPortland O mmissioner Erik Sten's
i rigin 1 idea of forming an authority to
shard'ownership of.the city's century-old
Bull'Run system,perhaps as a first step
toward broader regional cooperation:
;'"As:a waterprofessional, I believe`it
makes sense too,have all three sources
under one roof,P,Aaid JohnThomas,gen-
eral,Arnapa er troJ:•;the;,,Sun ise Wat ;.
AuthOfuty 4tackamas;county,.y i ,<
servestHappyYalley3and•the surround-
ing area.",Ilut that's not oging to happen.
We need •.focus:our enetgy,on..noving
.yAe t „�i;,, � ,� .le C2-
tl3. is g .•,