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06/11/1991 - Minutes TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST. P.O.BOX 230000 TIGARD,OREGON 97223-9917 June 11, 1991 PHONE(503)639-1554 TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Minutes of Regular Meeting PRESENT: Board of Commissioners: Jon Kvistad, Chairman Bob Bledsoe Denis Borman Audrey Castile, Treasurer Sydney Sherwood Staff: John Miller, Administrator Randy Volk, Superintendent Lorry Christian, Administrative Assistant Visitors: Clarence Nicoli, Commissioner-elect Mike Miller, TWD employee Diane Kuhn, TWD employee Rich Sattler, TWD employee The meeting was called to order by Chairman Kvistad at 7:30 P.M. 1. Chairman Kvistad welcomed the visitors to the meeting. 2. Resolution to approve minutes of the May 14 regular Board Meeting. A motion was made by Commissioner Denis Borman and seconded by Commissioner Sydney Sherwood to approve the minutes of the May 14 regular Board Meeting. Discussion was called for. Commissioner Bob Bledsoe said that on Item 4, page 4, the "aye" / "no" vote should be recorded by 6/11/91 Regular Meeting, Board of Commissioners, pg.2 Commissioner. He proposed that the minutes be amended to read as follows: "Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X" Questions were called for. There were no questions. A voice vote was called for. Motion carried unanimously. 3. Resolution to approve minutes of the May 23 regular Board Meeting. A motion was made by Commissioner Audrey Castile and seconded by Commissioner Denis Borman to approve the minutes of the May 23 regular Board Meeting. Discussion was called for. Hearing none, questions were called for. Hearing none, a voice vote was called for. Motion carried unanimously. 4. Resolution to approve the payment of vouchers. Motion was made by Commissioner Castile and seconded by Denis Borman. Discussion was called for. Chairman Kvistad asked if there were any outstanding bills with the Anderson & Dittman account. Administrator John Miller said there were no outstanding bills. Chairman Kvistad asked if there were any outstanding bills with Cascade Employers Association. Administrator Miller said there would be one additional bill from Cascade. Questions were called for. Hearing none, a voice vote was called for. Motion passed unanimously. 5. Resolution to approve easement acquisition (Resolution 11-91). Motion was made by Commissioner Borman and seconded by Jon Kvistad to approve Resolution 11-91 for easement acquisition. Discussion was called for. A general discussion ensued. ' 6/71/91 Regular Meeting, Board of Commissioners, pg.3 Chairman Kvistad asked Administrator Miller to comment. Administrator Miller referred to an attached map. Administrator Miller said he had almost had a negotiated settlement with the owners of Elmer's Pancake & Steak House Restaurant, in Tigard, for the easement prior to his surgery in March. The owners of Elmer's Restaurant are respectfully declining our attempt to secure the easement. The City of Tigard wants a substantial portion of the Restaurant's property, on the SW McDonald Street side, to possibly use in the alignment of SW Gaarde Street with SW McDonald Street at SW Pacific Highway. The owners of Elmer's want to combine the acquisition by the City of Tigard, and TWD as one and not as two separate agreements. Administrator Miller said he wants TWD to go through this process to acquire the 20 foot easement, parallel to SW Pacific Highway. Tigard Water District has offered Elmer's Restaurant $5,800.00 for the easement. Administrator Miller said we are almost at a stalemate, and need to take this action to acquire the necessary easement. A discussion ensued. Superintendent Randy Volk said he had talked with David Feinauer of Right-of-Way Associates, Inc., and Feinauer said he thought this process was a necessary formality, but he thought that the easement situation would be resolved before going to condemnation of the property. Administrator Miller stated that the $5,800 includes a re-landscaping of the easement area. Commissioner Bledsoe asked why TWD didn't go through the new alignment of Gaarde and SW McDonald Streets, since TWD prefers locating the facilities within right-of-ways rather than easements. Administrator Miller said that option had been considered, but would cost an additional $40,000. Administrator Miller said there were other options, but his recommendation is to take this action. A vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution 11-91 passed with a 4:1 vote. 611'1191 Regular Meeting, Board of Commissioners, pg.4 6. Resolution to accept the apparent low bid for the installation of 5,260 lineal feet of 24-inch ductile iron pipe along SW McDonald Street, between Hall Blvd. and Pacific Highway, and to approve execution of a contract, subject to review by the staff (Resolution 9-91). Bids were opened and read. Bids were received from Marshall & Associates, C&M Construction Co., and System Construction Co. The apparent low bidder was Marshall & Associates, with a bid of $224,132.50. Motion was made by Commissioner Bledsoe and seconded by Commissioner Audrey Castile to approve Resolution 9-91. Discussion was called for. Discussion ensued. Vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution 11-91 passed unanimously. 7. Resolution to approve revised organization chart and to approve revised written job descriptions for office personnel (Resolution 8-91 ). Commissioner Castile suggested that discussion on this item be postponed until the executive session which is planned for after the end of the regular Board meeting agenda. There was agreement from everyone to do that. 8. Resolution to approve a 2-year lease agreement contract with Rain or Shine Roofing (Resolution 10-91). Chairman Kvistad asked Administrator to comment. Administrator Miller said the lease agreement with Rain or Shine Roofing, which rents from Tigard Water District, is due for renewal. Property taxes on this property have increased, and TWD wants to begin using the 150 feet of the railway side of that property. Administrator Miller has • 6/41/91 Regular Meeting, Board of Commissioners, pg.5 negotiated with the owner of Rain or Shine Roofing, for an increase in rent to $800.00 per month. He said that under the circumstances, that is a fair settlement, and recommends renewing the lease agreement. TWD has owned this parcel for 4 years, and has rented it for the past 2 years. Motion was made by Sydney Sherwood and seconded by Denis Borman to adopt Resolution 10-91. Discussion was called for. Hearing none, a vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution 10-91 passed unanimously. 9. Compensation and expenses of Board Members. Chairman Kvistad asked Administrator Miller to comment. Administrator Miller said that under ORS 198.190, as amended in 1989, the amount of compensation for a member of a governing body was increased from $20 to $50 per diem for services performed as a member of the governing body. Except for the fee increase, the rest of the information about fees as income remains the same. Commissioners can chose to take this in water services or cash. Commissioners have the option of declining the compensation. Administrator Miller said it helps his staff deal with this compensation as a credit to the respective Commissioner's water services, where possible and appropriate. Discussion ensued. A motion was made by Commissioner Castile and seconded by Commissioner Borman to approve an increase in compensation to Commissioners to $50 per month. A discussion ensued. (Vote shown on next page) 6/11/91 Regular Meeting, Board of Commissioners, pg.6 Vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution 10-91 passed with a 4:1 vote. 10. Proposal for 1991 Administrator's evaluation. Chairman Kvistad said that each year June is the time for the annual review of the Administrator. Chairman Kvistad distributed to the Commissioners, copies of last year's appraisal form. Commissioner Bledsoe's proposed appraisal form was included in the agenda packet. A discussion ensued about combining items from the two different forms. A motion was made by Commissioner Castile and seconded by Commissioner Borman to use last year's appraisal, add Commissioner Bledsoe's proposed questions #1 as #8 of last year's form, add Bledsoe's #7 as #9, and replace last year's #5 with Commissioner Bledsoe's #5. Visitor Clarence Nicoli made additional suggestions and comments. Vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution passed with a 4:1 vote. Chairman Kvistad said the procedure for completing the appraisal forms will be the same as last year--Commissioners are asked to complete the forms and return them by mail to Chairman Kvistad. Chairman Kvistad will combine the information, and additional comments will be included anonymously. The appraisal information will be available at the next regular Board meeting. 6/11/91 Regular Meeting, Board of Commissioners, pg.7 11 . Administrator's Report. Administrator Miller reported: a. Backfilling of High Tor reservoir is about 65% completed. Completion of the backfilling is dependent on the weather. b. The Greenburg Road job is close to completion, also dependent on the weather. c. Brochures about water conservation have been printed by the City of Portland Water Works Bureau, and made available to area water districts. Because TWD buys water from the City of Portland, our only cost was $200 for a printing plate of TWD's logo and address. The goal is to have these brochures mailed to TWD customers by the end of June. Commissioner Borman asked Administrator Miller about Item "e", in the "Work to be accomplished in July and August" portion of his report. This refers to TWD relocating` the existing facilities that "are in conflict" with City of Tigard street improvements on SW McDonald Street and SW Bonita Road. Administrator Miller said that each time the City of Tigard expands their right of way, as they are on SW McDonald Street and SW Bonita Road, the City of Tigard requires that the water lines must be moved back and occasionally lowered. TWD is obligated financially to do this work. The budget includes funds for this work. Chairman Kvistad asked Administrator Miller about the status of a safety plan and program. Administrator Miller said the safety program is up and running. TWD has safety meetings monthly, and shows safety films on a monthly basis with the TV and VCR which were purchased last year. Other Business. a. Commissioner Bob Bledsoe has completed his term as Commissioner, and is leaving the Board. Chairman Kvistad presented a clock to Commissioner Bledsoe and expressed thanks and appreciation for his 8 years of continuous service on the Board of Commissioners at Tigard Water District, beginning in 1983. During the 8 years as Commissioner, Bob Bledsoe served as Secretary, Treasurer, and Chairman. Commissioner Bledsoe thanked everyone. 6/11/91 Regular Meeting, Board of Commissioners, pg.8 b. Commissioner Bledsoe distributed a prepared letter and asked that it be included in the public record. A copy of the letter is attached. c. Chairman Kvistad said he prepared a letter which he wanted read into the minutes. The text of the letter follows: "June 10, 1991 "To: Administrator Tigard Water District "From: Jon Kvistad Board Member "Re: Inappropriate material and employee comments "As an elected member of the Board of the Tigard Water District I would like to comment on what I feel are inappropriate materials being distributed by, and statements being made by a employee of the Tigard Water District. "On June 7th of last week I received a packet of comments and opinions which touched on several points concerning the Tigard Water District. Having read the material I found specific points which were insulting, inaccurate and were in my opinion totally inappropriate. "I have in the past received materials from this employee which were not distributed through the proper channels. While I have felt that some of the earlier material received should not have been directly circulated I felt the situation dictated that nothing be said and that material be at least accepted. Unfortunately this past mailing has stepped over what I feel was the bounds of propriety. "As a Commissioner of the Tigard Water District I would like to ask that our administrator discuss the offending materials with this employee and have the distribution of this type of material suspended. I would further like to ask that our administrator discuss with this employee their future as a member of our Tigard Water District team. 6/11/91 Regular Meeting, Board of Commissioners, pg.9 "It is becoming clear that this employee is no longer happy at the Tigard Water District however as a board member I do not feel it is my job to make decisions best left to our administrator. "It is my hope that this situation can be resolved in the very near future and that we can move on to building a stronger and more productive water district." Sincerely, (signature) Jon Kvistad Board Member (copy attached) Commissioner Castile said she supports Chairman Kvistad's letter 100%, and Commissioners Sherwood and Borman voiced their support also. There was additional general discussion in support of Chairman Kivistad's letter, and Commissioners Castile and Kvistad again expressed the feelings that the materials received were inaccurate and inappropriate, and the problem needs to be dealt with by the Administrator. Chairman Kvistad said that he is amenable to TWD employees writing correspondence to members of the Board, but these particular materials were inaccurate and inappropriate. Adjournment. The regular meeting was adjourned at 8:37. The Board of Commissioners moved into executive session for continued discussion of the management review study. The Commissioners invited Administrator Miller and Commissioner-elect Clarence Nicoll to stay for the executive session. At 9:49 p.m., the Commissioners reconvened the regular meeting. 6/1.1/91 Regular Meeting, Board of Commissioners, pg.10 7. Resolution to approve revised organization chart and to approve revised written job descriptions for office personnel (Resolution 8-91 . A motion was made by Commissioner Bledsoe to revise the resolution to read: A resolution to approve the revised written job descriptions for office personnel. The motion was seconded by Commissioner Castile. Chairman Kvistad suggested that the job descriptions be reviewed individually to allow for questions. There were general comments, and it was noted that in the job description of Customer Accounts Representative, supervisory responsibilities were removed, unless specifically delegated. Questions were called for. Hearing none, a vote was called for. Vote was called for. Commissioners Aye No Abstain Denis Borman X Bob Bledsoe X Audrey Castile X Jon Kvistad X Sydney Sherwood X Resolution passed unanimously. Chairman Kvistad said there would be an executive session of the Board of Commissioners on Wednesday, June 26, at 4:00 P.M. to accept proposals for facilitator and further discussion of the personnel study. Hearing that there was no other business, Chairman Kvistad adjourned the meeting at 9:55 p.m.