03/12/1991 - Minutes TIGARD WATER DISTRICT
8777 S.W. BURNHAM ST.
P.O. BOX 230000
March 12 1991 TIGARD,OREGON 97223-9917
PHONE(503)639-1554
PRESENT:
Board of Commissioners:
Jon Kvistad, Chairman
Bob Bledsoe
Audrey Castile, Treasurer
ABSENT:
Denis Borman
Walter Stronach, Secretary
Staff:
Randy J. Volk, Superintendent
Lorry Christian, Administrative Assistant
ABSENT:
John P. Miller, Administrator
Visitors:
Clarence Nicoli, Former Commissioner
Bonnie Turner, TWD employee
Don Turner, Spouse
Richard Sattler, TWD employee
Patricia Toedtemeier, TWD employee
Diane Khun, TWD employee
Michael Miller, TWD employee
Patti Madland, Former TWD employee
Bob Wyffels, Budget Committee Member
The meeting was called to order by Chairman Kvistad at 7:38 p.m.
Board of Commissioners, 3/12/91
1 . Motion was made and seconded to approve the minutes of the
last meeting. Bob Bledsoe stated that he wanted to amend the February 12
Meeting Minutes regarding the issue of Conservation of Water. He wanted
to offer a revision of his suggestion for adopting a graduated scale of
water costs. The statement reads, "Bob Bledsoe suggested that we
consider a graduated scale of water rates -- a two-level system with a
rate for regular use, and a higher rate for peak usage. The basis for the
higher rate is that the District must pay eight times as much to Portland
for peak usage as we regularly pay Lake Oswego. This relieves the
District from the burden of Portland's very high charge for TWD's peak
usage of water; and allows the individual consumer to decide whether the
extra expense is worth it. Bob Bledsoe suggested that this financial
incentive would be an efficient and practical water conservation measure.
A general discussion ensued." Bob Bledsoe said that this statement more
accurately reflected his suggestion than the words "where the more one
uses, the more one pays". The two-level program ties into our peak usage
and our costs incurred thereby.
Motion carried unanimously.
2. The Chairman welcomed the visitors to the meeting.
3. Resolution to approve the payment of vouchers.
Motion was made by Bob Bledsoe and seconded by Audrey Castile to
approve payment of vouchers. Bob Bledsoe asked what was the $2,500.00
payment to City of Tigard - Main Leak. Randy Volk responded that he
thought that was on S.W. Walnut Street, we mis-marked a water main. The
contractor tore it out with a backhoe. A large amount of water went into
the storm drain and filled the creek with rock, doing a lot of damage to
the creek bed. The City made the contractor repair all of that. We
negotiated with the contractor to pay for the repair. It wasn't anyone's
fault--the water line was located next to a telephone conduit, at a
strange angle, and we located the telephone conduit instead of the water
line. Bob Bledsoe acknowledged the explanation and noted that it was an
unusual expense.
Chairman Kvistad asked about Valar Systems, Inc. Randy Volk
explained that they are the organization which is implementing our
computer inventory program system.
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Board of Commissioners, 3/12/91
Question was called for. Motion carried unanimously.
4. City of Lake Oswego.
Chairman Kvistad reported that Administrator John Miller attended
two meetings over the last couple of weeks where the City of Lake
Oswego was represented. In both meetings, Pete Harvey mentioned that
they appologized for not having responded to us earlier about putting the
program together, but they were busy indoctrinating new city council
board members. However, they are looking favorably at the prospect of
Tigard Water District gaining some ownership in the Lake Oswego water
system. John Miller was lead to believe we would be hearing something
specific from the City of Lake Oswego about a timeline within the next six
months, and have something started within a year. Chairman Kvistad plans
to continue trying to get in touch with Mayor Alice Schlenker within a
week or two. He expects to have more information for the next Board
meeting.
Superintendent Randy Volk related a conversation with
Administrator John Miller about John having lunch with Pete Harvey where
Pete talked publicly about Tigard Water District becoming part owner in
the Lake Oswego water system.
Bob Bledsoe asked if anyone from Tigard Water District had attended
the Boundary Commission meeting regarding water issues. Superintendent
Randy Volk said Administrator John Miller did attend and that was where
he had one of his conversations with Pete Harvey of Lake Oswego
regarding our participation in the Lake Oswego water system. Chairman
Jon Kvistad said he understood the Boundary Commission meeting was
about water issues in general. Audrey Castile asked who determined
which water districts were invited to testify. Superintendent Randy Volk
said it wasn't known how districts were selected, but that it seemed that
the meeting was about the possible formation of a huge regional water
supply authority. Audrey Castile agreed that we would wait to hear a
report from Administrator John Miller, hopefully at the next meeting.
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Board of Commissioners, 3/12/91
5. Resolutions to Approve Pension Plan (3) and Deferred
Compensation Plan (1).
Chairman Jon Kvistad asked if these had previously been seen by the
Board. Administrative Assistant Lorry Christian replied that this was the
first they'd been brought to the Board. Audrey Castile asked what
prompted initiating the Resolutions. Lorry Christian replied that Congress
made manditory changes to all pension plans effective January 1, 1989,
and these resolutions are to restate our pension plan and deferred
compensation plan to incorporate these manditory changes and to ensure
they are consistent with federal government regulations. Ameritus
Financial Services, the provider of our pension plan, dictated the language
of the resolutions. Audrey Castile mentioned that it has taken about a
year for pension plans to get in alignment with government regulations--
that her company is in the same situation. Lorry Christian pointed out the
changes to the Pension Plan which are included in the Agenda packet.
Audrey Castile moved that, assuming that the resolutions are standard in
accordance with regulations, the resolutions be adopted. Chairman
Kvistad suggested that each resolution be read and handled separately, to
ensure they were understood. Bob Bledsoe said that since the timing
wasn't critical (a long time since January 1989), he wanted to table the
motion and take it up at the next meeting. He then asked if the changes
had been posted for employees to review. Lorry Christian answered that
the next step is an employee meeting on Friday, March 15, where
employees will receive copies of the changes, Pension Plan (for those who
don't have it available), and a Notice to Interested Parties. The Notice
gives information about who, in the government, employees can contact if
they have statements regarding the Pension Plan. Bob Bledsoe made the
motion that the resolutions be accepted as proposed now and be enacted at
the next Board meeting, incorporating any suggestions received at that
time. Audrey Castile seconded the motion.
Motion carried unanimously.
6. Administrator's Report.
Superintendent Randy Volk presented copies of a letter from Oregon
Department of Transportation stating that Tigard Water District will be
reimbursed $34,610.62 for the moving of our water lines on S.W. Scholls
Ferry Road. Randy Volk mentioned that special thanks were due to Mike
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Board of Commissioners, 3/12/91
Miller for drawings which were included in the packet to the Dept. of
Transportation. Superintendent Randy Volk stated this was the first time
ever that Tigard Water District has been reimbursed for any costs.
Chairman Kvistad said this was very nice.
Results of Employee Neciotiatina Committee. Superintendent Randy
Volk said that on the Funeral Leave portion, the phrase "at the discretion
of the Administrator" be added. Audrey Castile said she believed that it
was taken for granted that funeral leave would be subject to
Administrator's discretion. Randy Volk agreed.
Regarding the Dress Code, Randy Volk stated that Administrator John
Miller wants the wording changed to reflect that the District will
continue providing logo shirts to the field crew. Audrey Castile stated
that she believed that part of the process of employee negotiations is that
the changes will be included in the Handbook, and that this is an internal
administrative process and doesn't need to be specified. Bob Bledsoe
asked if the final report from the Negotiating Committee has been
approved by the Board. Audrey Castile said no, the final report from the
Negotiation Committee hasn't been approved. Bob Bledsoe stated that the
final approval by the Board would be the approval that is being sought.
Randy Volk reported that Administrator John Miller likes the professional
appearance that comes from the field crew wearing the uniform shirts,
and he wants the field employees continue to have them. There have been
discussions about the shortcomings of the shirts. Audrey Castile said
that again, that was an internal administrative issue, and probably could
be handled by John Miller, Randy Volk and the people on the field crew.
A discussion about the shirts continued. Audrey Castile said that
the phrase "dressed in good taste--appropriately for the work to be
performed that day" allows for Administrator and Superintendent to
interpret what is "appropriate dress"--it doesn't need to be specified by
the Board. Randy Volk stated that he will report back to Administrator
John Miller and they will take care of the matter.
Bob Bledsoe reminded everyone that the final resolution should be
brought to the Board for approval. Chairman Kvistad said we should make
sure copies of the Results of Negotiation Committee be included in the
Agenda packet for the next meeting.
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Board of Commissioners, 3/12/91
Audrey Castile thanked the Employee Negotiators for their good work
on the Negotiating Committee, saying she felt it was a real team effort.
Superintendent Randy Volk said it was the first year when there was more
than one employee doing the negotiating, and he thought it went really
well, too--the four employees did a good job. Tigard Water District
Employee Patricia Toedtemeier acknowledged the compliment and said the
Negotiating Committee appreciated the help of Audrey Castile and Denis
Borman.
Letter from Bookkeeper Nancy Johnson. Superintendent Randy Volk
said that Administrator John Miller wanted the Board to know that the
planned cross training within the office staff has been happening.
Administrator John Miller also wanted the Commissioners to know that he
spoke with Jim Savage, Coopers & Lybrand, at the SDAO Conference in
Eugene, and Jim Savage is wanting to see more cross training done in the
District office, so that the work can be shared, and we aren't depending on
just one person to do one thing. John Miller asked District employee
Patricia Toedtemeier, who is participating in accounting classes at
Portland Community College, to help Bookkeeper Nancy Johnson with
bookkeeping tasks twice a week, (except during billing, depending on how
well the billing process is progressing). The attached letter is from
Bookkeeper Nancy Johnson stating that the cross training is being done.
Chairman Jon Kvistad said it was great that the cross training is
happening. Bob Bledsoe stated that from reading the letter that
congratulations are due for Patricia for doing a good job, and taking on
this responsibility.
Superintendent Randy Volk said that as a result of information John
Miller received at one of the sessions at the SDAO Conference, he
purchased a cash register for receipts. This replaces the cash drawer
which was formerly used. Chairman Jon Kvistad stated that having a cash
register is financially prudent, and it offers a register tape showing
transactions as a backup.
Chairman Jon Kvistad also mentioned the letter from David Pahl,
commenting on the recent District newsletter.
Superintendent Randy Volk invited all Commissioners to attend a
District employee meeting on Friday, March 15, 3:00-4:00 p.m.
Information will be given to employees about the federally mandated
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Board of Commissioners, 3/12/91
changes to the Pension Plan and Deferred Compensation Plan, and there
will be a cake for the 2nd anniversary of moving into the District
Operations Center.
7. Other Business.
Grievance filed by Bonnie Turner. Chairman Jon Kvistad stated that
it had been received. Chairman Jon Kvistad stated that the Administrator
has 5 days to act on the grievance, and the Board has 30 days to schedule a
meeting to hear the grievance. Chairman Kvistad spoke with attorney
Derryck Dittman asking for how to proceed, because this is the first time
there has been a grievance filed under the constraints and guidelines of a .
having an Employee Handbook. Administrator John Miller had suggested a-d
March 19 for the hearing. Attorney Dittman said the information should be 4 Jae
gathered in preparation for the meeting. At the meeting, Attorney Dittman Mazes 1
will be present, as well as Employee Bonnie Turner, Administrator John
Miller, and all 5 members of the Board of Commissioners. Visitor Don
Turner said that Bonnie Turner has something to add to the packet, and he
asked if Bonnie Turner would be receiving copies of Administrator John
Miller's documentation. Chairman Kvistad assured him that everyone will
receive copies of everything, as soon as it is available.
Audrey Castile said she will be out of the state from March 14 until
March 25 on a pre-planned business trip. Visitor Don Turner said he wants
a date when all 5 Board member will be present. Bob Bledsoe suggested
that the meeting be held between 2 weeks from now (March 25) and the
end of the month. Audrey Castile said the only thing she has scheduled
after her return is a meeting on March 27, 11:30 a.m. to 2:00 p.m. Visitor
Don Turner said that the Board members have certainly read Bonnie's
packet and know what they are asking of her "to go through another two
weeks like this." Chairman Kvistad said he "understands the stresses
involved" and doesn't want to put it off, but the Board members need to be
sure that they follow the set grievance procedure, first to ensure that
what they do is not only legal, but also follows a certain step-by-step
process, because it will set a precedent for future disputes. Second, to
have the attorney present to walk the Board through what they are
required to do in terms of making these decisions. And thirdly, to "have
both sides presented in a fair and even manner", which means that the
material presented by Bonnie Turner, and Administrator John Miller, and
the Board looks fairly at both sides of the issue". It is important that the
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April 3, 1991
TO: Board of Commissioners, Tigard Water District
FROM: Bonnie Turner
SUBJECT: Amendment to March 12, 1991 Minutes
Please consider a motion to the effect that the minutes of the March 12, 1991 meeting be
amended by deleting from page 7 the following words: "Chairman Jon Kvistad stated that the
Administrator has 5 days to act on the grievance, and the Board has 30 days to schedule a
meeting to hear the grievance." ... "because this is the first time there has been a grievance
filed under the constraints and guidelines of having an Employee Handbook."
The reasons for my request are as follows:
Those statements are incorrect and in direct conflict with the content of the Employee Handbook
as that handbook describes the grievance procedure. Steps 3 and step 4 of the grievance
procedure clearly say that if the Administrator is the cause of the problem, the employee may
address the Board directly at the next Board meeting. The reason is that in such a circumstance,
there is obviously a need for the Board to act swiftly .
Several members of the Board at the March 12, 1991 meeting expressed concern that the Board
not act or speak in a manner which would set an improper precedent. If these erroneous
statements are approved along with the rest of the minutes, a mistaken interpretation of the
employee handbook will have been established by precedent.
Finally it is obviously untrue that this is the first grievance filed under our employee handbook.
I am deeply concerned by the apparent lack of comprehension of the fundamental reason for my
second grievance which these words disclose. If you will check the minutes of your previous
meetings, you will find that our Employee Handbook was approved by the Board on April
10,1990, and I presented to you my first grievance on fairness for our women employees six
months later on October 9, 1990. As I have explained in great detail, I was forced to file this
second grievance because the Administrator refused to follow Board policy as stated on page 29
of the Employee Handbook: "If use of the grievance process below becomes necessary, we want
you to understand you can use the process without reprisal."
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Board of Commissioners, 3/12/91
attorney look over both sets of documentation, the Board look over both,
and that they meet as a full Board.
Audrey Castile appologized for having to be out of state, but saying
the trip has been planned for months, and she does want to deal with this
as quickly as possible too.
Bob Bledsoe suggested there were two issues: 1) possible stress of
continuing in the situation as they are; and 2) resolution of the total
condition. The timing for the meeting is addressing the resolution of the
total condition. The other Board members agreed. Bob Bledsoe then
proposed the "Board grant to Bonnie Turner days of bonus vacation, to be
approved by the highest other office person", which, he guessed would be
Lorry Christian, Administrative Assistant. The time off would be as
needed, any time during these next two weeks. Audrey Castile asked what
he meant by bonus vacation days, and Bob Bledsoe replied that they aren't
charged against regular vacation time. Audrey Castile said she wanted
them to be fair, but were concerned about setting a precedent. Chairman
Kvistad said he wasn't inclined to say that any time they have a grievance
that they have to grant vacation days until the grievance is set. Audrey
Castile asked Bonnie Turner if she had any suggestions? Audrey Castile
said "its obviously to our best interest to make it work for everyone".
Bonnie Turner agreed. Audrey Castile said she needed to have information
from the Administrator to counter and check what Bonnie Turner's
information is so she can make a fair decision. Audrey Castile
acknowledged that at the same time she realized that they work closely
together and that can be difficult. Superintendent Randy Volk said
Administrator John Miller will be gone from work the week of March 19,
and Administrative Assistant Lorry Christian said she understood that he
intended to be present for the March 19 meeting. Chairman Kvistad said
that it's important to have as full a Board as possible, and they can set a
time on Audrey's return that there will be a full Board available, with the
attorney, the Administrator, and the Turners present, and get things
resolved. Chairman Kvistad said he thinks this is a team effort and we
just have to work as best we can through it, until we get to a point where
we can resolve it. And while it isn't fun, the Board is trying to be fair and
equitable, and not trying to put off the hearing meeting, because they
wouldn't have dealt with the grievance at this meeting, because he wanted
to have everyone present.
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Board of Commissioners, 3/12/91
Audrey Castile asked Administrative Assistant Lorry Christian if it
was a possibility for Bonnie Turner to do computer work at home? Lorry
Christian said no, not that she was aware of, and Bonnie Turner said, "Not
really." Bonnie Turner said she appreciated what Bob Bledsoe was saying,
that under other conditions, his suggestion should happen--the "employee
should be home with pay until the issue is resolved". She continued, that
because next week is spring break and many employees will be gone and
other employees will be reading meters, and doing billing, she doesn't
mind continuing to work.
Audrey Castile said that the suggestion of an employee being off is
something the Board needs to consider, to maybe add to the Policy at
another time.
Don Turner asked again who would be responsible for making sure
that Bonnie Turner gets copies of all materials. Chairman Kvistad said he
would make sure that the Turners get it--as soon as he receives the
material from Attorney Dittman, he will disseminate it to the Turners,
and the Board, so there won't be a problem of getting things at the last
minute. He assured that the Board tries not to do things at the last
minute. Chairman Kvistad summarized that everyone will get copies of
everything, and the situation will be dealt with fairly and equitably, and
as quickly as possible.
Bob Bledsoe stated again that there should be some kind of provision
that if the tension rises Bonnie Turner is free to leave. Chairman Kvistad
said that can be dealt with on an administrative level, and Audrey Castile
agreed. Administrative Assist Lorry Christian said that a more
appropriate person to make that discretionary decision is Randy Volk,
Superintendent, rather than Lorry Christian. There was agreement from
Audrey Castile, Chairman Kvistad, and Bob Bledsoe. Chairman Kvistad said
if there were any problems between now and then, Bonnie Turner should
talk with Randy Volk, and the Board will leave it up to Randy Volk and his
discretion about how to deal with those until the Board can get the
situation dealt with at the appropriate time.
Audrey Castile said that at another time, they can talk about the
proposal made by Bob Bledsoe to formalizing the provision for time off for
an employee with a grievance.
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Board of Commissioners, 3/12/91
Chairman Kvistad stated that they will get this situation ready to
deal with as soon as possible.
7. Other Business
Chairman Kvistad said he had one item, and asked if anyone else had
any other business. Because no one else had any other business, Chairman
Kvistad said he talked with Administrator John Miller, and Audrey Castile
after the SDAO Conference where they listened to people from other
districts talk about billings and services. He intends to propose a packet
of "for pay services" that the District will offer to customers of the
Tigard Water District outside of our standard groupings of services that
we currently offer. This would be an entrepreneural thing, the services
would be self-paid, the employees who would take part would be paid over
and above their normal standard wages for these services to be provided
to our customers. There would be two or three different kinds of things
offered. The proposal will be made within the next month or two.
Bob Bledsoe said to be sure the attorney sees it. Chairman Kvistad
agreed, and said that we have to consider what we can do under the
constraints of Measure 5 to increase our revenue base without taxing our
customers any more than we have to, with the coming of major
expenditures, and as a way of the costs not coming out of our general
revenue fund, and offer opportunities to employees for additional salary.
Chairman Kvistad said these would be services directly related to water
service, not having to do with work normally done by plumbers.
Audrey Castile said, in closing, she wanted to comment on the
newspaper article about an AGC sponsored Second Growth Convention.
Metro is talking about how we can regionalize. She expressed concern
about the loss of local control regarding water. Audrey Castile said we
need to aggressively pursue our position, especially with the City of Lake
Oswego. Chairman Kvistad said that with Tigard Water District going into
partnership with the City of Lake Oswego, gives us: 1) the opportunity to
be part owners in a water supply system, 2) gives employees
opportunities for enhanced training because they can be working at a
water treatment facility which adds expertise, and 3) in terms of growth.
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Ord of Commissioners, 3/12/91
A brief discussion continued. Audrey Castile said its important for
Tigard Water District to establish a strong power base.
Chairman Kvistad adjourned the meeting at 8:35 p.m.
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