05/25/1993 - Packet TIGARD WATER DISTRICT
8777 S.W.BURNHAM ST.
P.O.BOX 230000
TIGARD,OREGON 97281-1999
TIGARD WATER DISTRICT PHONE(503)639-1554
BOARD OF COMMISSIONERS
Agenda
7:30 p.m., May 25, 1993
Call to Order
1. Minutes for May 11 meeting.
Recommendation: Approve the minutes as written.
2. Discuss FY93-94 Budget. (Public hearing was held May 11, 1993.)
Recommendation: Approve Resolution 4-93, To Adopt A Budget, Make Appropriations,
Levy Taxes for fiscal year 1993-94.
3. Visitors comments.
4. Dissolution Plan - 190 agreement
Recommendation:
1. Continue with preparation of the dissolution plan; or
2. Choose not to dissolve the District and become a partner in the 190 agreements instead.
4110, 5. Lake Oswego Water Supply Agreement: Report available Tuesday.
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
MINUTES - Draft
7:30 p.m., May 11, 1993
Commissioners Present: Bob Wyffels, Clarence Nicoli, Hill Hampton
Absent: Audrey Castile, John Haunsperger
Staff Present: Randy Volk, Operations Manager; Lorry Christian, Administrative & Human
Resource Coordinator; Mike Miller, Senior Management Analyst; Nancy Johnson, Accounting
Supervisor
Absent: Jeri Chenelle, Administrative Director
Visitors: Bob Santee, Jack Polans, Michael Brewin, John Acker, City of Tigard, TWD
Employees Rusty Thomas, Brian Clancy.
At 7:33 p.m., Chair Wyffels called the regular meeting to order.
1. Chair Wyffels welcomed the visitors.
4140,- 2. Minutes of the Board meetings for April 13 and May 4.
A motion was made by Commissioner Nicoli to approve the minutes without change. The
motion was seconded by Commissioner Hampton. Hearing no discussion, a voice vote was
called. The motion was approved unanimously.
Budget Hearing for FY1993-94.
Chair Wyffels opened the budget hearing. He asked visitors who wished to speak about the
budget to please limit their remarks to 10 minutes each. Commissioner Nicoli made a motion
that visitor Bob Santee take as much time as he wanted to address the Board. The motion
was seconded by Commissioner Hampton. The vote was approved unanimously.
Visitor Bob Santee gave his comments regarding the budget.
Chair Wyffels thanked Mr. Santee for his input, and said the issues would be discussed with the
Administrative Director.
Jack Polans said most of his questions and concerns were addressed or asked by Bob Santee..
Mr. Polans asked if he could make a copy of the recording from this meeting, and Chair Wyffels
said he would be able to do that.
None of the other visitors wanted to comment about the budget.
Commissioner Nicoli made a motion to table the vote on the budget until after further discussion
with the Budget Officer. The motion was seconded by Commissioner Hampton. A voice vote
was taken. The motion was approved unanimously.
5/11/93 Minutes,Tigard Water District Board of Commissioners
At 8:30 p.m., Chair Wyffels adjourned the public hearing for the FY1993-94 budget, and
announced a brief recess.
At 8:45 p.m., Chair Wyffels called to order the regular meeting of the Tigard Water District
Board of Commissioner, and again welcomed the visitors.
3. Payment of vouchers.
Commissioner Nicoli made a motion to approve the vouchers as listed. The motion was
seconded by Commissioner Hampton. Hearing no discussion, a voice vote was called. The
motion was approved unanimously.
4. Budget for FY1993-94.
This item was tabled until a meeting on May 25 at 7:30 p.m.
Visitors.
Chair Wyffels asked if other visitors had comments they wished to make to the Board on the
budget.
Visitor Michael Brewin complimented the District on the TWD Newsletter then gave comments
to Board on the budget.
5. Amending the Meter Installation Fees and Late Pay Penalty.
*4111
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°' Commissioner Nicoli made a motion for the second reading of Ordinance 2-92 to be done by
title only. The motion was seconded by Commissioner Hampton. A vote was called. The
motion was approved unanimously. Mr. Volk read Ordinance 2-92 by title only.
Commissioner Hampton made a motion to approve the ordinance as read. The motion was
seconded by Commissioner Nicoli. Hearing no discussion, a voice vote was called. The
motion was unanimously approved.
6. Revision to Water District Employee Handbook.
A motion was made by Commissioner Nicoli to approve Resolution 6-93, a resolution to
update the Employee Handbook regarding paydays. The motion was seconded by
Commissioner Hampton. A voice vote was called. The motion was approved unanimously.
7. Administrative Director's Report.
Randy Volk reported that Tigard Water District is made up of the following approximate
percentages by meters (not population) according to a new computer report.
2% Durham City
8% King City
17% Unincorporated Areas
72% Tigard City
For six months we have been coding every single address in our system so that we can get a
breakdown of connections by city. Our old computer system was designed with District
boundaries in mind, not city boundaries.
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5/11/93 Minutes, Tigard Water District Board of Commissioners
8. Chair's Comments.
Chair Wyffels said there has been tremendous pressure on the Water District and Board
during the past year, and to have accomplished everything that we have is very significant.
Chair Wyffels said he appreciated that employees continued to do their best for the District
and its patrons.
9. Commissioners' Comments.
Commissioner Hampton said he was appreciated the input from Mr. Santee, and also is
concerned about representation for the unincorporated area.
10. Other Business.
Mike Miller, Senior Management Analyst, presented a summary of Resolution 7-93, a
resolution to extinguish an easement recorded November 16, 1954, which covers the entire
parcel of land for a non-specified water storage tank and waterline located upon Tax Lot
1500, Assessor's Map #2S 1 9BA.
Commissioner Nicoli made a motion to approve Resolution 7-93. The motion was seconded
by Commissioner Hampton. A voice vote was called. The resolution was approved
unanimously.
Hearing no further business, at 9:30 p.m., Chair Wyffels adjourned the meeting.
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•441,5" InterOffice Memo
To: Ho rable Chair and Board of Commissioners
From: Je ' eenelle, Administrative Director
Date: May 21, 1993
Subject: Additional Budget Information
Information regarding public comments on 93-94 budget at May 11, 1993 public hearing:
1. The position of Office Assistant was approved by the Board of Commissioners in February,
1993. The position will be filled before the beginning of the new fiscal year. Since
authorization was already given by the Board in the previous budget year, authorization was
not requested again in the budget for the new fiscal year. The position is included in the new
budget as an existing position, which it is. No new positions have been requested.
2. Estimated actual expenditures for the current fiscal year are vital in preparation of any budget.
In fact, our staff work sheets used to prepare the budget had this information on them. Nancy
took that column off the final worksheets and used "budgeted" numbers only, which is what
the State requires to be in the budget. The "estimated" column can be left on in future
proposed budgets, as long as we leave the "budgeted" column for the existing fiscal year also.
'tow 3. The 20% rate increase will generate approximately $582,050 in revenue. Lake Oswego has
increased its rates to us by 17%.
4. The reasons for the increases in the current 92-93 FY budget appear to be numerous. All
categories of expenditures increased, including water purchase costs in Materials and
Services.
FY1991-92 FY1992-93
Personal Services $799,548 $999,200
Materials and Services 1,732,360 2,166,200
Capital Outlay 602.524 918.200
Total $3,134,432 $4,083,600
5. The percentages divided between administration and operations are very rough, as was
explained at our earlier budget meeting. It is expected that as we gain some history with these
categories, we can refine these first estimates more precisely.
6. The Administrative Director's current salary is $61,914 annually. This position is not included
on the step increase list, because the position does not have specific percentages of merit
increases as do the other employees on the list.
7. This is the fourth budget in which the step plan for salary increases has been included. This
year, staff had Cascade Employers Association(which has mainly private sector clients) do a
benchmark survey to see if we were in the ballpark, or if we were too high or too low. They
said we were in the ballpark and no changes were needed in order to pay comparable rates.
Additional Budget Information, 5/20/93
8. The number of employees in each position is included in the summary at the top of each
department's budget.
9. A five year capital improvement program was developed in 1991 which addresses the
financing of needed projects. It was distributed to the Budget Committee at its meeting on
April 13, 1993. The fiscal plan calls for a combination of funding sources, including system
development fees, general fund, and reserve accounts.
10. The Water District is transitioning into a joint water agency created under an ORS 190
intergovernmental cooperation agreement. General obligation bonds cannot be used by an
ORS 190 agency.
11. The District attempted to acquire the Baggenstos property for a reservoir site on Bull
Mountain, off SW 141st Avenue. Mr. Baggenstos told the previous administrator he would
consider selling if the capital gains tax laws changed. They did not, and he now refuses to sell
to any of the utilities he says are hounding him for the property.
12. The Commissioners Stipend account was increased to cover the full amount allowed by law
for 7 board members. The new joint water agency will have seven members instead of five,
and current commissioners do not take the full amount allowed by law.
Miscellaneous comments:
1. Lake Oswego's city attorney could not find any provision in the Oregon Revised Statutes that
prohibits the city from providing us a guarantee of water. This was researched before the
agreement was prepared.
2. A citizen stated that the Portland contract provides us with a firm supply of water subject to a
specific ORS mentioned in the beginning of the agreement There is no reference to an ORS
code section in that part of the agreement. The only reference to the ORS we found in the
entire agreement is in the preface which states "ORS 190.003 to 190.110 authorizes units of
local government to enter into intergovernmental agreements for the performance of their
duties or for the exercise of powers conferred upon them."
3. As you know, the plan for paying for our portion of the Lake Oswego Main Transmission
Line was to pay $500,000 out of our unappropriated ending fund balance which would be
carried over into the following fiscal year when the construction funds will be needed. The
remainder of the costs can be financed with revenue bonds; general obligation bonds are not a
legal option for ORS 190 agencies. The proposed FY93-94 budget includes $125,550 to fund
our half of the design and bid costs.
4. Our attorney has advised us that we cannot have an election to dissolve the district in just the
unincorporated area until that is the only part of the district remaining. An election before
June 30 would have required a district-wide election and the City of Tigard was adamantly
opposed to that.
Mrr
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Now
InterOffice Memo
To: Honorable Chair and Board of Commissioners
From: John Haunsperger, Commissioner
Date: May 20, 1993
Subject: Additional Information Regarding FY93-94 Budget
Here is additional information regarding the comments made by Bob Santee during the May 11
Board Meeting regarding the 1993-94 fiscal year budget: As you may remember, since the 1970's
I have served as a member of the Tigard Water District budget committee. Although I wasn't able
to attend the May 11 Board meeting, I did listen to the tape -- twice. I then reviewed my copies
of budget documents from recent years and found the following discrepencies in Mr. Santee's
"facts".
Water Restrictions
Mr. Santee said there had never been water restrictions during his tenure at Tigard Water District.
In fact, however, in his 1986-87 budget message, Mr. Santee mentioned water restrictions which
occurred in 1971 (while he was at TWD).
Increased Rates from Lake Oswego
Mr. Santee always mentioned in his budget messages that Lake Oswego could raise their rates to
TWD by 25%.
Contingencv Funds
• Mr. Santee commented on the contingency fund, implying that his budget messages hadn't
included this item. In fact, the following amounts were listed in the budgets:
1984-85 $50,000
1985-86 $300,000
1986-87 $200,000
• The 1987-88 budget mentioned $377,700 in a Capital Projects Reserve Fund, toward an
estimated cost of$800,000 to $1,000,000 for a new Water District operations center.
$283,000 was added to the Capital Projects Reserve Fund, leaving an ending balance of
$488,800.
• The 1988-89 budget showed $500,000 being added to the contingency fund, with a net ending
fund balance of$420,500.
Z .
Additional Information re: FY993-94 Budget, 5/20/93
• The 1989-90 budget showed Operating Contingency of$500,000, with a transfer of$250,000
to the Capital Projects Reserve Fund, leaving a net ending fund balance of$579,000.
$1,063,529 was the cost of the new TWD Operations Center.
• The 1990-91 budget showed $514,100 in Operating Contingency, with a $1,000,000 Ending
Fund Balance.
• The 1991-92 budget showed $717,600 in the Operating Contingency fund, with $1,000,000
as the ending fund balance. System Development Charges were implemented during that year
with $157,000 listed as a revenue fund.
• The 1992-93 budget showed $309,600 in Operating Contingency Fund, with a $300,000
transfer to Capital Outlay, for a net ending fund balance of$1,000,000
Transmission Mains
In the 1989-90 budget message, Mr. Santee recommended a 24" transmission main in parallel
with the existing 16" transmission main to both Portland and Lake Oswego.
4r...
Increases to Employee Wanes
Mr. Santee said employee wages were too high. The 1987-88 budget showed a 4% increase to
employee wages; the 1990-91 budget showed a 4.5% wage increase to employee wages, the
1991-92 budget showed a 5% wage increase to employees, and the 1992-93 budget showed a 4%
increase..
Cost of Electricity
Mr. Santee said the cost of electricity is $.10 per 100 cubic feet, across the board, to pump water
to and within the Tigard Water District ($.05 to pump from the Bonita pump station to elevation
410, and $.05 to High Tor). In fact, however, this was a rule of thumb figure used by the former
administrator in his calculations. While there is an additional cost for the electricity to pump
water to higher elevations within the District, a recently completed analysis showed the electrical
cost being $.025 per 100 cubic feet to pump water from the Bonita pump station--not $.05.
Outside Consultants
Mr. Santee said he's never used outside consultants. In fact, however, the following is a list of
studies prepared by consultants:
1971 Water Supply and Distribution Study, Stevens, Thompson& Rynyan, Inc.
1977 Water Quality Examination of Willamette River Samples Taken From the
Newberg Pool, Stevens, Thompson & Runyan, Inc.
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Additional Information re: FY993-94 Budget, 5/20/93
1978 Water Supply Study, Willamette River, East Washington County Water
Purveyors Committee, Stevens, Thompson& Runyan, Inc.
1979 Water Supply Study, Stevens, Thompson& Runyan, Inc.
1986 Water Supply Plan for Bull Mountain Area, Gilbert R. Meigs
1990 Water Supply & Water Distribution for Tigard Water District,
Gilbert R. Meigs
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TIGARD WATER DISTRICT
RESOLUTION NO. 4-93
A RESOLUTION TO ADOPT A BUDGET. MAKE APPROPRIATIONS. LEVY TAXES.
On the motion made by Commissioner , and seconded
by Commissioner , and passed by affirmative action of the
Board of Commissioners, on this 11 day of May 1993, Tigard Water District
adopts the following resolution:
BE IT RESOLVED, that the Board of Commissioners hereby adopts the
adjusted budget, as approved by the Budget Committee, for Fiscal Year 1993-94,
in the sum of $7,483,400 now on file at the office of Tigard Water District.
BE IT FURTHER RESOLVED, that the Board of Commissioners, Tigard
Water District, hereby levies the taxes provided for in the budget adopted in
Paragraph 2 of this resolution in the aggregate amount of$152.325 and these
taxes are hereby levied upon all taxable property within the Tigard Water District
*taw as of 1:00 a.m., January 1, 1993.
BE IT FURTHER RESOLVED, that the amounts for the fiscal year
beginning July 1, 1993, and for the purposes shown below, are hereby
appropriated as follows:
GENERAL FUND
Personal Services $ 1,039,700
Materials & Services 2,223,100
Capital Outlay 741,110
Operating Contingency 596,055
Transfer to Capital Projects Fund #3 300.000
Fund Total $4.899.965
SYSTEM DEVELOPMENT FUND
Capital Outlay $ 128.000
Fund Total $ 128.000
c .
BOND SINKING FUND
Principal Payments (FY 1993-94) $ 140,000
Interest Payments (FY 1993-94) 25.018
Fund Total $ 165.018
TOTAL APPROPRIATIONS $5,192,983
NON APPROPRIATED BUDGET REQUIREMENTS
General Fund $ 1,073,735
System Development Fund 580,000
Bond Sinking Fund 8,682
Capital Projects Reserve Fund #3 628.000
TOTAL NON APPROPRIATED FUNDS $2.290.417
TOTAL $7.483.400
*,,,,,,, BE IT FURTHER RESOLVED, that the Board of Commissioners,
Tigard Water District, Certifies to the county clerk and county assessor of
Washington County, Oregon, the tax levy made by this resolution and shall file
with them a copy of the budget as finally adopted.
THIS BUDGET IS HEREBY ADOPTED and appropriated by the Board of
Commissioners, Tigard Water District, on May 11, 1993.
TIGARD WATER DISTRICT
Bob Wyffels, Chair Date
ATTEST:
Jeri L. Chenelle, Administrative Director Date
Page 2 -- Tigard Water District Resolution No. ?-93
InterOffice Memo
To: Hon able Chair and Board of Commissioners
From: Jeri henelle, Administrative Director
Date: May 21, 1993
Subject: Dissolution Plan
Statement of the Issue
At its meeting of May 11, 1993, the Board of Commissioners approved Resolution 5-93 initiating
proceedings to dissolve the District and liquidate all assets. Staff was directed to prepare findings
of fact for the May 25 meeting.
Recommendation
1. Continue with preparation of the dissolution plan; or
2. Choose not to dissolve the District and become a partner in the 190 agreements instead.
Analysis
44kr, Resolution 5-93 states:
"The best interests of the inhabitants of the District will be served by the creation of an
intergovernmental entity to deliver water services within the District. To accomplish this
objective, the Board of Commissioners hereby initiates the dissolution of the District and the
liquidation of the assets of the District through conveyance of the assets to the new
intergovernmental entity."
It has long been our commitment to support the dissolution by election of the District, so that
assets could be transferred to the new 190 agency and the District could be kept intact. The
simplest way to achieve dissolution would have been to have a District-wide election, but the City
of Tigard was opposed to this. Therefore, the Board of Commissioners agreed to the more
cumbersome method of waiting until the a cities withdrew and holding the dissolution election only
in the remaining portion of the District(the unincorporated area).
A basic principle of the Board has been that the unincorporated area should have representation
on the new Board of the joint water agency. All parties agreed to this. The original idea was that
the elected body for each governmental entity would appoint delegates to the new board. The
appointing authority for the unincorporated area would be the County Commissioner. Although
there was tentative acceptance of the original idea by the Commissioner, further analysis on the
County's part has resulted in its declining to be the appointing authority. The County's legal staff
and administration have concerns about liability and the consequences of their stepping into the
water service arena, where they are not currently involved.
,... In a meeting this week with staff from the County, our three service cities, and the Boundary
Commission, the County reiterated its unwillingness to become involved in the 190 agreement.
Dissolution Plan 05/21/93 Page 2
The Boundary Commission representative stated its desire would be that a taxing entity remain in
�`''✓ the area that could levy taxes in case of major regional water improvements. She also indicated it
was unlikely that the Boundary Commission would approve dissolution of the unincorporated
area without representation on the new board.
However, Pat Reilly informed me two days later that this is contrary to previous information he
has received from the Director of the Boundary Commission. I will join Mr. Reilly in a meeting
with the Director on Monday to clarify the Boundary Commission's position. By our Tuesday
meeting, I will have more information for you.
If the Boundary Commission does want us to remain, TWD could join in as a party to the ORS
190 Agreement, if the other parties agree. TWD could exist as a "shell" organization that would
continue to have an elected Board of Commissioners (from the unincorporated areas). One of the
Board's members could be appointed to the board of the new joint water agency, although the
remainder TWD Board might meet only once or twice a year. There would be some limited
expenses such as elections, insurance, budget preparation, etc. The TWD Board could contract
with the joint water agency for staff assistance to handle those administrative tasks. This would
meet the needs of the Boundary Commission(as stated at our meeting this week) and would also
meet the desire that our unincorporated customers have representation.
A further update will be provided after the meeting next week with the Boundary Commission.