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01/12/1993 - Minutes TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST. TIGARD WATER DISTRICT P.O. BOX 230000TIGARD,OREGON 97281-1999 BOARD OF COMMISSIONERS PHONE(503)639-1554 6:30 P.M., January 12, 1993 MINUTES PRESENT: Board of Commissioners Robert Wyffels Audrey Castile John Haunsperger Hill Hampton Clarence Nicoli Staff Visitor Jeri L. Chenelle, Administrative Director David Knowles, Attorney Randy Volk, Superintendent Lorry Christian, Administrative Assistant Mike Miller, Engineering Technician III Call to Order at 6:50 p.m. 1 . Oath of Office for Hill Hampton. Chair Robert Wyffels administered the oath of office to Hill Hampton, appointed to fill the vacancy created by the resignation of Jon Kvistad. 2. At 6:52 p.m., the Board went into a closed executive session (closed) under the provisions of ORS 192.660 (1) (e), (h), (i), and (j) to discuss real property transactions, meet with legal counsel, possible litigation, and personnel. Administrative Director Jeri L. Chenelle and Attorney David Knowles met with the Board. Staff members Randy Volk, Lorry Christian, and Mike Miller were asked to remain in the meeting At 7:48 p.m., the Board came out of executive session and went into an open regular meeting. Visitors: Jack Polans, Bev Froude 1 . Visitors. Chair Wyffels welcomed Hill Hampton to the Board. Chair Wyffels welcomed visitors and invited them to speak if they wanted. 2. Minutes of the December 17 regular Board meeting. Recommendation: Approve minutes. The minutes were unanimously approved without changes. 3. Payment of vouchers. Recommendation: Approve payment. The vouchers were unanimously approved without question or discussion. 6. Initiate proceedings to dissolve the Tigard Water District and liquidate all assets. Recommendation: Approve Resolution 2-93 approving initiating the dissolution. Chair Wyffels said the Board would take Item 6 at this time in order to take public 1/12/93 Regular Board Meeting Minutes testimony prior to the Board taking action on Resolution 2-93. Visitor Jack Polans addressed the Board asking for the ORS under which the Board held an executive session, and if public testimony would be allowed after a Board discussion of Resolution 2-93. Chair Wyffels clarified that the executive session was held under ORS 192.660, and public testimony would be taken after the Board discussion if anyone wanted to address the Board. A motion was made by Commissioner Castile to table, at this time, Resolution 2-93, to initiate proceedings to dissolve the Tigard Water District and liquidate all assets. The motion was seconded by Commissioner Nicoli. A voice vote was taken, and the motion was approved unanimously. Chair Wyffels asked if there was any other public testimony. Mr. Polans clarified that with tabling the motion, there would be another time for public input if the resolution is activated again. Chair Wyffels assured he that any time a motion comes before the Board, there is an opportunity for public testimony. 4. Revisions and updates to Rules, Rates, Regulations for Water Service. Recommendation: Second reading of Ordinance 2-92 approving the revisions. Administrative Director Chenelle said that Commissioner Hampton, being new to the Board, had asked several questions about the Rules, Rates, and Regulations for Water Service. This resulted in recommending several wording changes that will clarify the information. A motion to read the ordinance by title only was approved 3-0. Ordinance 2-92 was read and approved 3-0. The second reading will be at the regular Board meeting on January 12, 1993. 5. Amend TWD Pension Plan to remove the loan provisions. Recommendation: Approve Resolution 1-93 approving the amendment. 7. Administrative Director's Report. A. Work Accomplished Report. B. 1992 Year End Work Accomplished Report. C. Computer RFP. D. Lead and Cooper Rule E. Lake Oswego F. Intergovernmental Agreement and RPAG meeting on January 19. G Telemetering system (SCADA) 8. Chair's Comments. 9. Commissioners' Comments. 10. Other Business. 2 1/12/93 Regular Board Meeting Minutes 11. At 8:48 p.m., the Board went into Executive Session under the provisions of ORS 192.660 (1) (e), (h), (i), and (j) to discuss real property transactions, possible litigation, and personnel. At 9:22 p.m. the Board came out of Executive Session and went into open meeting. With a 5-0 vote, the Board approved the contract for the Administrative Director. The meeting was adjourned at 9:25 p.m. # * * * * * * 2. Revisions and updates to Rules, Rates, Regulations for Water Service, first reading. Recommendation: First reading of Ordinance 2-92 approving the revisions. 3. Appointment to Board vacancy January 1, 1993. Administrative Director Chenelle referred to her memo to the Board, saying that Roberta Schumann will be moving to Washington within a week, so she won't be available to be considered. The remaining applicants are Dale Evans, Hill Hampton, and George Morgan. Ms. Chenelle's memo also stated that she talked with Patrick Hearn, Executive Director of the Oregon Ethics Commission who said the code is not really clear about the possible conflict of interest for Hill Hampton. There was a brief discussion about each of the candidates. Commissioner Clarence Nicoli made a motion to appoint Hill Hampton to fill the vacancy in position 1 on the Board. The motion was seconded by Chair Wyffels. A voice vote was called and the motion was approved 3-0. At 5.42 p.m., the Board came out of Executive Session and into open session. 6. A. With a 3-0 vote, a motion was approved to authorized Administrative Director Chenelle to sign the settlement agreement with former TWD employee John P. Miller. B. With a 3-0 vote, a motion was approved to instruct Administrative Director Chenelle to have TWD attorney prepare a resolution to initiate dissolution of the Tigard Water District and present it at the January 12 meeting. The Board adjourned at 5:45 p.m. 3