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10/13/1992 - Minutes TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST. TIGARD WATER DISTRICT P.O. BOX 230000 BOARD OF COMMISSIONERS TIGARD,OREGON 97223-9917 PHONE(503)639-1554 REGULAR MEETING 7:30 P.M., October 13, 1992 MINUTES PRESENT: Board of Commissioners Audrey Castile, Chair John Haunsperger Clarence Nicoli Bob Wyffels Jon Kvistad (arrived at 7:35 p.m.) Staff Jeri L. Chenelle, Administrative Director Randy Volk, Superintendent Lorry Christian, Administrative Assistant Mike Miller, Engineering Technician Ill Visitors James L. Savage, Coopers & Lybrand Gary Wells, Tualatin Valley Fire & Rescue Hill Hampton Russell A. Thomas, TWD employee Jeff Thorsell, TWD employee Stephen Bleak, Titan Properties Corp. Call to Order at 7:31 p.m. 2. Visitors. Chair Castile welcomed the visitors and invited everyone who wished to speak to the Board to indicate that on the sign in sheet. 3. Minutes of the September 8. 1992 regular and September 1. 1992 special Board meetings. A motion was made by Commissioner Robert Wyffels and seconded by Commissioner John Haunsperger to approve the minutes of the meetings. Administrative Assistant Lorry Christian asked that three corrections be made to the minutes for the September 8, 1992 meeting: 1) on page 1--correct the date to read September; 2) on page 2, item 6, add an "X" to indicate an "Aye" vote for Robert Wyffels; 3) on page 3, paragraph 2, line 3, delete "the report on". These were clerical errors. Hearing no other corrections or additions to the minutes, a voice vote was called. The motion passed unanimously. 4. Payment of vouchers. A motion was made by Commissioner Clarence Nicoli and seconded by Commissioner Haunsperger to approve the payment of vouchers. Chair Castile asked if the payment to Gina Maloney was included in the Consultant account. Superintendent Randy Volk said yes. Commissioner Wyffels asked about the following payments: to War Chest Merch. Inc.-- TWD buys pressure gauges from them; OMFOA--Oregon Municipal Finance Officers 10/13/92 Board Meeting Minutes Association; the payment to the City of Gladstone--for TWD portion of printing of the Emergency Water Curtailment Plan; and N.G.F.I.--Northwest Governmental Finance Institute--fees for TWD employees Bookkeeper Nancy Johnson and Trish Toedtemeier to attend. Chair Castile asked if the payment to Davis Wright Tremaine is the retainer TWD paid for legal opinions--it is. Hearing no other questions, a voice vote was called. The motion passed unanimously. 1 . Election of Officers. Chair. Commissioner Nicoli nominated Commissioner Robert Wyffels to serve as Chair. Commissioner Haunsperger seconded the nomination. Hearing no other nominations, a voice vote was called. The nomination passed unanimously. Secretary. Commissioner Haunsperger nominated Commissioner Castile to serve as Secretary. The nomination was seconded by Commissioner Nicoli. Hearing no other nominations, a voice vote was called. The nomination passed unanimously. Treasurer. Commissioner Haunsperger nominated Commissioner Nicoli to serve as Treasurer. The nomination was seconded by Commissioner Kvistad. Hearing no other nominations, a voice vote was called. The nomination passed unanimously. 5. Presentation of 1991-92 Fiscal Year Audit. James L. Savage. Coopers & Lybrand. Mr. Savage summarized the audit report, saying TWD is in good financial shape--with not much debt--which is pretty unusual. Chair Wyffels thanked Mr. Savage for his report. Administrative Director Chenelle said she had asked for and received a management letter with recommendations about internal control cash register procedures. Information about implementing changes based on the recommendations will be coming to the Commissioners from Staff. Mr. Savage said his auditors are always able to get into TWD quickly at the end of the fiscal year--and that is a good indication that TWD is on top of things. This is a compliment to Bookkeeper Nancy Johnson. 6. Update on property adjacent to TWD. Gary Wells. Tualatin Valley Fire & Rescue. Mr. Wells brought an artist's rendering showing the new building which will be constructed by the Fire District on property sold to them by TWD. Mr. Wells hopes construction will begin about December, with completion expected to be in late summer 1993. Commissioner Kvistad said he was disappointed that the valuation of the old fire district building and property is so high, making it difficult for the community to buy it back. Mr. Wells said the Fire District Board received a presentation by Jim Nicoli at their recent meeting and will work with the community group to see if the community can benefit from the land and building again. 7. Review of TWD Employee Handbook reaardina mandatory pre-emolovment drua testing. Administrative Director Chenelle introduced TWD employee Jeff Thorsell who did the research on this review and recommendation. Ms. Chenelle said the recommendation is to continue with pre-employment drug test, adding a consent form to be signed by applicants, and amend our policy to add that TWD is a drug free workplace. There was a general 2 10/13/92 Board Meeting Minutes discussion. Commissioner Kvistad stated that as a civil libertarian, he has a strenuous objection to mandatory, pre-employment drug testing. He believes that someone is innocent until proven guilty or until there is reasonable suspicion, and thinks it is objectionable to require someone to take a pre-employment drug test. He has no objections to abiding by the ODOT requirements, and also agrees with drug testing in the event of evidence of someone being under the influence of a controlled substance. Commissioner Kvistad thinks there should be an objection wavier available for an applicant object based on personal or moral grounds. Commissioner Castile made a motion to accept the recommendation from Staff. The motion was seconded by Commissioner Haunsperger. Hearing no further discussion, a voice vote was called. Commissioner Aye No Abstain Castile X Haunsperger X Kvistad X Nicoli X Wyffels X The motion passed 4-0. Commissioner Kvistad made a motion allowing an objection form to be available for applicants, based on personal or moral grounds to be exempted from participating in a pre employment drug screening, yet still be subject to all other pre-employment screening. The motion was seconded by Commissioner Wyffels. There was no discussion. A voice vote was called. Commissioner Aye No Abstain Castile X Haunsperger X Kvistad X Nicoli X Wyffels X The motion failed 4-1. 8. Resolution 14-92 to rescind water restrictions. A motion was made by Commissioner Nicoli and seconded by Commissioner Castile to approve Resolution 14-92. Hearing no discussion, a voice vote was called. The resolution was approved unanimously. 9. Resolution 15-92 to Deny Out-of-District Service. Administrative Director Chenelle read the revised resolution which put our informal policy into writing and made more understandable the specific situations under which out- of-District service would be permitted. Engineering Technician Mike Miller said he included in the resolution information from a discussion with Ken Martin, Boundary Review Commission. 3 10/13/92 Board Meeting Minutes A motion was made by Commissioner Castile and seconded by Commissioner Nicoli to approve Resolution 15-92. A general discussion followed. Hearing no more discussion, a voice vote was called. Commissioner Ave No Abstain Castile X Haunsperger X Kvistad X Nicoli X Wyffels X The resolution was approved 4-1. 10. Minimum Purchase Reauirement. Administrative Director Chenelle reviewed the information about discussions with the Portland Water Bureau about the minimum water purchase requirement for TWD. The requirement has been lowered due to our provision of emergency water to Tualatin last year and because of the water restrictions this year. 11 . Administrative Director's Report. A. Revenues. Administrative Director Chenelle reviewed the information included in her report to the Board. The Staff will continue to monitor the financial situation closely and adjust expenditures accordingly so that the water restriction revenue losses do not negatively impact the District. B. RFP for Computer. The RFPs have been sent to more than 45 vendors. Commissioner Haunsperger asked about the customer compliance with backflow devices. Superintendent Volk reviewed the process, saying that formerly TWD would inspect the backflow devices at installation and attempted to inspect and test them once a year. Now Richard Sattler is responsible for a program where every month TWD sends letters to customers reminding them that they are responsible for arranging for annual testing by a certified tester, and any needed repairs at their expense. TWD has a program to ensure inspections of new construction are conducted, as well as identifying locations of those already in place, to make sure backflow devices are properly installed and maintained. C. New Telemetry System. Superintendent Volk said Chuck Arrera, Arrera Engineering, who designed Lake Oswego's system, is working on a pre-design report. Mr. Arrera expects to make one more site visit, then expects to have an RFP go out on December 10, with a return date after the first of next year. TWD can do some of the work which will save money. D. Rate Structure to encourage conservation. Administrative Director Chenelle reviewed the information from the meeting with other cities participating in the joint study. Our billing history information has been converted to a format which would be accepted by the computer at the City of Portland and has been forwarded to them. The TWD Staff revised the computer RFP to reflect changes which would be needed to implement a rate structure based on an incremental 4 10/13/92 Board Meeting Minutes block system. The plan is to include a notice in the TWD newsletter telling people about a citizens committee who will be participating in the study process. E. Work Accomplished Report. Administrative Director Chenelle said the Staff will be experimenting with different formats in order to give the Commissioners and community a better picture of the work done by TWD field employees. F. A set of Oregon Revised Statutes has been purchased and is available at the TWD Operations Center so research can be done here. G Administrative Director Chenelle referred Commissioners to John Buol's memo about the Regional Providers Advisory Group Meeting about an intergovernmental agreement we would all enter into where we would agree to pay our share of the Phase II of the Regional Water Supply Plan. This has already been budgeted. H. TWD is participating in the annual United Way fund raising campaign. 12. Chair's Comments. Chair Wyffels said he appreciated the fantastic leadership that Commissioner Castile showed as Chair, and hoped the momentum will continue for the betterment of the District. 13. Commissioners' Comments. A. Commissioner Kvistad said he had several comments: i. Regarding United Way, he recommended that contributions be designated to one of the two local non-profit groups in Tigard: the Tigard-Tualatin Community Youth Services, and the Tualatin Valley Mental Health Centers. ii. Regarding the TWD Budget, he recommended eliminating the line item salary for the previous position of Administrator and move those dollars to another line item. iii. He asked for an update regarding the negotiations about a water guarantee with Lake Oswego. Administrative Director Chenelle said it appears that Lake Oswego has put the issue on hold to watch for the outcome of the situation with the City of Tigard withdrawing from the Tigard Water District. iv. Recommends for the next budget that money equal to 1/4% to 1/2% of the construction costs of the Water District building be designated for public art at the Operations Center. Administrative Director Chenelle said if the other Commissioners agreed, she would get that dollar information. v. Because he expects to have to leave the Water District Board of Commissioners on January 1, 1993, in order to take a seat on the Metro Council, he asked that another Commissioner consider contributing their TWD stipend toward the payment of the water bill for the Tigard-Tualatin Community Youth Services as he now does. B. Commissioner Castile asked Administrative Director Chenelle to give a report from the TWD Advisory Group meeting earlier on Tuesday. 5 10/13/92 Board Meeting Minutes i. Ms. Chenelle said the TWD Resolution 16-92 to create an intergovernmental cooperative agreement to form a joint water agency, was presented to the three Cities. Tigard Mayor Jerry Edwards gave a very positive response, saying he would recommend to the City Council that they table the November 10 public meeting on the City of Tigard withdrawing from the Tigard Water District, although they would be prepared to move ahead again if there were undue delays in the process. The staffs of the three cities and the District would work together developing the 190 agreement, and periodically report back to the Advisory Group who would then update the respective city councils. Mayor Edwards assured the Advisory Group that if he or the Tigard City Council felt the process wasn't moving forward, that he would bring that concern to the Advisory Group before taking any further action. ii. Commissioner Castile asked if someone from the Water District would be available to dig holes if S&L Landscaping replaced the dying cedars with trees, and put in a drip irrigation system. Staff responded affirmatively iii. Commissioner Castile said she would like Staff to do something with alternative landscaping, perhaps using a drip irrigation system, or not using grass, at the Operations Center. This would demonstrate to the community, what can be done without using traditional landscaping. Administrative Director Chenelle responded that Staff had done some preliminary investigation and will look further into this. Commissioner Nicoli asked if that meant having trees? The Commissioners said not necessarily. 14. Other Business. Administrative Director Chenelle presented information about Resolution 17-92, a resolution authorizing the Administrative Director to execute documents necessary to extinguish existing easements to the District's future reservoir site south of SW Scholls Ferry Road and west of SW Menlor Lane, in exchange for acceptable alternate easements, rights-of-way, through a future phase of a development to the District's property. Engineering Technician Miller presented a map of the area to the Board with an overview of the location of the existing easements, layout of the proposed subdivision Bull Mountain Meadows, and the alternate easements for access to SW Scholls Ferry Road from the District's property. A motion was made by Commissioner Castile and seconded by Commissioner Kvistad to approve Resolution 17-92, a resolution authorizing the Administrative Director to execute documents necessary to extinguish existing easements to reservoir site on Tax Lot 400 Map 2S 15DB in exchange for grant of acceptable alternate easements, right-of-way, and access to that Tigard Water District property. Hearing no more discussion a voice vote was called. The vote to approve the resolution was unanimous. 15. Date of the November Board meeting. Commissioner Castile suggested the November Board meeting be moved to Wednesday, November 11, if the Tigard City Council decides to have the public hearing on November 10 for withdrawing from the Water District. The other Commissioners agreed. 6 10/13/92 Board Meeting Minutes 16. Executive Session. The Tigard Water District went into Executive Session under the provisions of ORS 192.660 (1)(e), (h) and (j) to discuss real property transactions, and possible litigation. 17. At 9:30 p.m., the Board moved out of Executive Session and into general session. A motion was made by Commissioner Kvistad to remove the extraneous management position (Administrator) from the budget and direct Staff to move those funds elsewhere. Commissioner Castile seconded the motion. Hearing no discussion, a voice vote was called. The motion was passed unanimously. The meeting was adjourn at 9:31 p.m. 7