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01/08/1991 - Minutes • s TIGARD WATER DISTRICT 8777 S.W. BURNHAM ST. P.O. BOX 230000 TIGARD,OREGON 97223-9917 PHONE(503)639-1554 January 8, 1991 PRESENT: Board of Commissioners: Jon Kvistad, Chairman Audrey Castile, Treasurer Robert Bledsoe Denis Borman Staff: John P. Miller, Administrator Randy J. Volk, Superintendent Visitors: Clarence Nicoli, Former Commissioner Bob Wyffels, Budget Committee Member Diane Kuhn, TWD employee Patricia Toedtemeier, TWD employee Michael Miller, TWD employee Richard Sattler, TWD employee Tracy Sattler, wife of Richard (above) The meeting was called to order by Chairman Kvistad at 7:36 p.m. Motion was made and seconded to approve the minutes of the last meeting. Motion carried unanimously. The chairman welcomed the visitors to the meeting. TWD Board of Commissioners Minutes January 8, 1991 Motion was made by Robert Bledsoe and seconded by Denis Borman to approve payment of vouchers. Audrey Castile asked about the payment to Benge Construction (Check #35928 for $44,305.15), whether it was the first payment or final payment. Administrator advised that this was the second payment of the total sum of $63,530.00. Audrey Castile asked what was the "Fyrestone" (Check #35977 for $497.81). Administrator responded that the "Fyrestone" was the name of a subdivision located off SW 121st Avenue. The developer had placed on deposit a greater amount than the actual cost for installation of the pipeline. Therefore, the excess, or difference, had to be rebated to the developer. Question was called for. Motion carried unanimously. Motion was made by Audrey Castile and seconded by Denis Borman to approve the seven-step employee pay schedule. Audrey Castile inquired whether accepting the motion also included accepting the adjustments. It was noted that once the program was up and running, other adjustments could be made at a later time. After a discussion, it was agreed to make the effective date of the pay schedule retroactive to January 1 , 1991. Robert Bledsoe desired to make an amendment to the motion to include the printed documents (see attached computer printouts) as to what the board was adopting. The Chairman noted the Board's approval of the amendment. Question was called for. Motion carried unanimously as amended. Administrator explained the status of the new 24-inch main installation along SW Greenburg Road by the Contractor (Benge). He stated that there were some problems with the pressure testing (indicating leaks) which were being corrected. Audrey Castile noted that when we have such a high cost over-run such as this ($31 ,359.01) and the plans for the project were prepared in-house with the supervision of an engineering consultant, she questioned whether that would verify or indicate that we needed an engineer on-board. Administrator responded that there were so - 2 - TWD Board of Commissioners Minutes January 8, 1991 many existing utility lines obstructing the construction on Greenburg Road that no matter who engineered the project, there would be problems. He noted that the plans were drawn at least four different times with changes in the proposed route of the new pipeline to avoid existing utility line. From the information we had, it appeared that the route selected would be the easiest and least costly. Unfortunately, after construction started, the workmen found numerous unmarked, unrecorded pipelines which interfered with the installation. In one area the trench had to be excavated over 13 feet deep in which extra shoring had to be used. The Administrator concluded, along with the engineer, that there was no alternative (to incurring extra costs) but to proceed with construction and to make the best of a bad situation. The Chairman asked what was the difference in bids between Benge (at $63,530.00) and the next lowest bidders. Administrator responded that the next lowest bid was Marshall Contractors at $85,000.00 (actual $83,002.00), followed by C & M Construction at $99,000.00 (actual $99,345). Chairman noted that the final cost fell within the realm of total cost of other bids. Robert Bledsoe desired to know what the extra $31 ,359.01 was paying for. He stated that he would be interested in an itemized listing of the costs. Administrator advise that information was available and he would get it from his office. (There was a short pause). The Administrator returned with a listing (see attached pages). Audrey Castile inquired as to how many times does the district incur costly over- runs such as this (on contracts for construction). Administrator stated not very often and that he could not recall any during the past five years. Robert Bledsoe questioned whether the contractor should assume some or all of this loss due to risk. Administrator mentioned that he had consulted with the District Attorney and he (the District Attorney) had advised that at any time the contractor was required to excavate below the normal depth (5 feet in this case) in accordance with the specifications that the district must make a judgement whether extra - 3 - TWD Board of Commissioners Minutes January 8, 1991 charges are due. In response to a question from Robert Bledsoe, Administrator stated that about 25% of the over-run was due to the delay in getting started with construction which was caused by the District (in obtaining an easement). Robert Bledsoe thought that it was probably an administrative mistake to go to bid without the easement in hand. Administrator responded that he had a prior verbal agreement for an easement with the owner but the problem of a written confirmation did not arise until after bids were received. He stated that he would not do that again. Motion was made by Audrey Castile and seconded by Denis Borman to approve payment of the cost over-run ($31 ,359.01) for construction of the 24-inch pipeline along SW Greenburg Road. Motion carried unanimously. Robert Bledsoe asked the Board, at this time, to review what we have for minutes, especially our official documents and records, including resolutions, ordinances, etc., as well as quality and style of minutes. Administrator had them on hand and revealed the records (in binders and ledger book) containing past minutes, monthly financial reports, agendas, etc., as well as a chronological listing of all documents recorded at Washington County, including easements, annexations and temporary connections. He noted that he also had a file on all resolutions, deeds, etc. Denis Borman stated that all governmental records are governed by appropriate O.R.S.'s (Oregon Revised Statutes) and it appeared to him that the district was complying with those statutes. Administrator requested guidance on the style of minutes desired by the Board. Robert Bledsoe stated that he did not necessarily desire detailed minutes but wanted to be sure that they were accurate. A summary form would be fine with him. Audrey Castile mentioned that if we do not have a professional minutes' taker on board and since this was taking quite a bit of time to transcribe the minutes, perhaps it would be appropriate to send the (recording) tapes out and be done by someone else - 4 - TWD Board of Commissioners Minutes January 8, 1991 (not the Staff). She did not mind summarized minutes and she realized that a summary can be subjective and requires someone who is comfortable, who has done it before and it is a skill that they have. Administrator stated that he feels he has an individual on board with those skills but he would like to, first, devote time and institute a cross- training program of some office personnel in accordance with past recommendations and suggestions of the Board. Denis Borman suggested that maybe we need a better recording system. Chairman recommended that the Board try to make some adjustments in the way we handle the minutes over the next three meetings. That might include summarized minutes and better recording equipment. Robert Bledsoe suggested perhaps a court recorder do the minutes. Audrey Castile mentioned a Kelly Temporary Services person as a possibility. Chairman noted that perhaps the problem would work itself out when the Executive Secretary position is filled. Administrator described the huge increase in cost for peak-demand water purchased from Portland (Bull Run water). This will commence on July 1, 1991. He explained Portland's rationale for the increases and his efforts to encourage Lake Oswego to make necessary capital improvements so that TWD could purchase more Clackamas River water. A conservation program in the summer was suggested as a possibility. The Chairman directed that on the agenda for the next meeting a discussion should be held on a conservation program and the funding of that mailing sometime in late May. Administrator listed some of the capital improvements required in the next fiscal year. Administrator explained the need for execution of a quitclaim deed to release an owner from liability for the cost of a water main. Motion was made by Audrey Castile and seconded by Robert Bledsoe to approve and execute the quitclaim deed as described on the attached document - 5 - TWD Board of Commissioners Minutes January 8, 1991 which releases the property owner, Harriet Wilton, for property located off SW 150th Avenue, south of Bull Mountain Road. Motion carried unanimously. Administrator invited the Commissioners to attend a conference that the Special Districts of Oregon is hosting in Springfield between February 14th and 17th. Administrator reported on the slow progress in negotiations with Lake Oswego (on joint ownership) and updated the Board on some of the capital improvements proposed by Lake Oswego. Administrator mentioned some of the extra time and work problems encountered with city and county road construction which involves the moving of many meters, fire hydrants, etc., all at the expense of TWD. He also noted that TWD was doing less and less of its own construction work. Audrey Castile wanted to make sure that the Administrator was not extending himself by supervising too much construction work versus attending to administrative duties. Audrey Castile mentioned that she had heard complaints from some sources that we had isolated ourselves, and perhaps left the impression that we were too good for others attending meetings, specifically, meetings held by the Special Districts of Oregon. She thought the District should be represented more often at some of these meetings. Administrator stated that the criticism was valid but that sometimes he has conflicts. He does attend most meetings. Chairman Kvistad reported a luncheon meeting he had with Mayor Jerry Edwards to talk about the surplus property next door (Rain or Shine Roofing) which the District owns and which Chairman stated that he told the Mayor that he felt it would not be prudent to sell the land at this time - 6 - until we resolve the water source problem and a determination is made on our relationship to Tualatin, Portland, Wolf Creek Highway Water District and Metzger Water District. Perhaps a year from now things might be different. He stated that the mayor seemed to be positive toward that argument. The Chairman adjourned the meeting at 8:40 p.m. - 7 -