08/13/1991 - Minutes ++M
TIGARD WATER DISTRICT
8777 S.W.BURNHAM ST.
P.O. BOX 230000
TIGARD,OREGON 97223-9917
August 13, 1991 PHONE(503)639-1554
Minutes of Regular Meeting
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
PRESENT: Board of Commissioners:
Audrey Castile, Chair
Jon Kvistad, Secretary
Denis Borman, Treasurer
Clarence Nicoli
Sydney Sherwood
Staff:
John Miller, Administrator
Randy Volk, Superintendent
Lorry Christian, Administrative Assistant
Visitors:
Rusty Thomas, TWD employee
Rich Sattler, TWD employee
Mike Miller, TWD employee
Andrew Spiak
The meeting was called to order by Chair Castile at 7:30 P.M.
1 . Resolution to approve minutes of the July 9 regular Board
Meeting.
A motion was made by Commissioner Clarence Nicoli and seconded
by Commissioner Sydney Sherwood to approve the minutes of the July 9
regular Board Meeting.
Questions were called for. There no questions or comments. A voice
vote was called for. The resolution passed unanimously.
2. Resolution to approve the payment of vouchers.
Motion was made by Commissioner Denis Borman and seconded by
8/13/91 Regular Meeting, Board of Commissioners, pg.2
Commissioner Jon Kvistad to approve the payment of vouchers. Discussion
was called for.
Commissioner Kvistad asked about the $2100 to the Portland-Metro
Area Boundry Commission. Administrator John Miller said that is the
annual dues that Tigard Water District pays. Commissioner Kvistad asked
about the payment to Right-of-Way Associates. Administrator Miller said
they are the consultant he hired to help acquire property easements. This
fee was primarily for work on the easement at Elmer's Pancake and Steak
House. Commissioner Sherwood asked about the Interest Income on page 1
-we budgeted $10,000, and she asked if the variance shouldn't be a minus
variance, rather than a plus. Administrator Miller agreed that was right.
Administrator Miller continued, saying that we budget $10,000 and
actually have $282.91, and next month that will even out. Chair Castile
asked if there was any other discussion. Hearing none, a vote was called.
The motion passed unanimously.
3. Resolution to accept apparent low bid for the purchase of a
200 KW electric generator system, subject to review by the Staff.
(Resolution 12-91)
Bids were opened and read. Bids were received from Cummins NW,
Halton Co., and N.R.G. Inc. The apparent low bidder was Cummins NW, with
a bid of $25,105.00, with notes. A motion was made by Commissioner
Borman and seconded by Jon Kvistad to approve Resolution 12-91.
Discussion was called for. Hearing none, a voice vote was called.
Resolution 12-91 passed unanimously.
4. Visitors
Chair Castile welcomed the visitors to the meeting. Chair Castile
welcomed Andrew Spiak, who had asked to speak to the Board of
Commissioners regarding use of the Richard M. Brown Auditorium.
Mr. Spiak is a board member of Harmony House, Inc., which is a
private, non-profit corporation--an alcohol and drug detoxification unit
and residential treatment program for alcohol and drug abusers, located at
10362 SW McDonald Street, in Tigard. Harmony House has another facility
on SE 39th Ave. Harmony House serves the community, and receives 46%
of their funding from the State of Oregon, channeled through Washington
County. This funding comes from taxes on beer and wine. Occasionally
,
•
8/13/91 Regular Meeting, Board of Commissioners, pg.3
Harmony House has fund raising events to raise the remaining 54% of their
income. Few monies come from their clients. This year, they decided to
have an art auction, and are requesting the use of TWD Richard M. Brown
Auditorium for October 18, 19, and 20, for the following times: Friday,
7:00 - 10:00 p.m., Saturday, 10:00 a.m. - 6:00 p.m., and Sunday, 10:00 a.m. -
5:00 p.m. One of the event organizers came to Tigard Water District to
reserve the space and was told that it wasn't available for weekend use.
Spiak is asking the Board of Commissioners to reconsider this policy
decision, and permit Harmony House to use the auditorium for their art
auction. The art work is being donated, as well as on consignment, and is
expensive art work. Refreshments will include tea, coffee, and muffins,
and continuous security will be provided. Spiak said he understood that
when the TWD facility was built, it was for community use also.
Chair Castile asked if TWD Staff had explained why this policy was
standing? Mr. Spiak said that he understood the facilities had been abused
in the past. Chair Castile said the Board has many times discussed the
uses of the facility intended for the good of the community, and the Board
is always open to reconsider. Commissioner Sherwood said the Tigard
School District requires that event organizers hire someone from the
School District, to be present at the event, as well as requiring a deposit
for the room(s) used, and that if the room(s) are cleaned and left in the
same condition as before, the deposit is returned. If the room(s) aren't
cleaned and the School District has to hire cleaning to be done, the deposit
isn't returned. Chair Castile said that if Harmony House was permitted to
use the facility for that weekend, it would set a precedent to open a new
policy, and the Board needs to review that to decide how they want that to
be. At present, the Tigard Water District facility is not open on weekends
for any events.
A general discussion followed. Chair Castile said the Board will
consider changing the policy. The next Board meeting is September 10.
Mr. Spiak left information about Harmony House, thanked the
Commissioners for their consideration, and left the meeting. A general
discussion continued about use of the facility. Chair Castile asked
Administrator Miller for his comments. Administrator Miller suggested
adhering to the present policy. Chair Castile called for a motion.
A motion was made by Commissioner Borman and seconded by Chair
Castile to continue the present policy, i.e., to not have the TWD facility
8/13/91 Regular Meeting, Board of Commissioners, pg.4
used on weekends. A vote was called for.
Commissioners Aye No Abstain
Denis Borman X
Audrey Castile X
Jon Kvistad X
Clarence Nicoll X
Sydney Sherwood X
The motion passed by a 3-2 vote.
Chair Castile said the policy will continue as is, and suggested that
Administrator Miller work on rewording the policy so it will be more
descriptive to specify that the facility be used for meetings. She also
said that Commissioner Borman's suggestion could be included, saying
that regardless if the Harmony House art sale is for-profit or non-profit,
that isn't the type of activity the Board wants to permit in the TWD
facility. The Board would like to review the policy changes in 6 - 12
months.
5. Chair's Comments
A. Chair Castile referred to the Board of Commissioners
General Qualifications, Operations and Organization manual. She said she
wants to remind the Board to read the General Qualifications, Duties, and
Responsibilities of the Board of Commissioners. It is the Board's duty to
do planning, see that policies are carried through, and try to abstain from
running the operations. It the Board's duty to: ensure it's policies are
flexible; review it's policies annually at regularly scheduled Board
meetings; with said review as an agenda item. The Board should also
review the choice of legal counsel and auditing firm annually.
Administrator Miller suggested that both reviews could be done annually
in January.
Chair Castile referred to Section 2.07, reminding everyone that,
"The Administrator or his designee also has general authority to seek
advice on District matters from the Board-selected legal counsel.
Individual Board members and staff are not authorized to seek advice from
the District's legal counsel without prior authorization from the Board or
the Administrator."
8/13/91 Regular Meeting, Board of Commissioners, pg.5
Chair Castile referred ,to Section 1.12 Procedures During Board
Meetings, specifically mentioning:
"E. Any member may request a roll-call vote.";
"F. Any member may append to the record, at the time of voting, a
statement indicating the reason for the vote or the reason for
abstaining."; and
"G. Any member may declare a conflict of interest and abstain from
voting."
Chair Castile led a discussion about which month to review the legal
counsel and auditor. Administrator Miller said that the present audit is
complete in draft form, and he expects a report to the Board either in
September or October.
B. Goals and Objectives
Chair Castile reminded everyone that she had asked
Commissioners to bring their goals and objectives. She also mentioned
the goals and objectives of Tigard Water District that Administrator
Miller included with the agenda. Administrator Miller also included a list
of existing contracts and existing service agreements with adjacent
water purveyors. The following are the goals and objectives submitted:
from Board of Commissioners:
• To develop and strengthen interpersonal relationships in
Tigard Water District.
• Begin work to install a comprehensive, integrated computer
system.
• Have a safety program consistent with OSHA standards.
• To prepare and provide focus as the City of Tigard makes their
decision on becoming a water purveyor.
• To complete a Board training program.
• Achieve a stabilized employment situation for all the Tigard
Water District employees with the conclusion of the IDAK
report.
8/13/91 Regular Meeting, Board of Commissioners, pg.6
• Ensure continuation of operation of Tigard Water District as in
the past, and provide ideas for improvement.
• Improve Board/Staff communications and relations and
consider using praise and encouragement rather than criticism,
perhaps in the form of having an employee of the month,
decided by Administrator and Superintendent.
• Work toward a merger with the City of Lake Oswego, with a
view to part ownership of a water source by TWD.
• Continue to provide the constituency with the best possible
water service.
• Develop future water sources and make a decision on our
direction for long-term water supply.
• Protect residents from any future unreasonable water rate
increases and development fees.
from Tigard Water District
Objective: To provide the highest quality water to the patrons at
the lowest possible cost.
Goals:
• To establish a long range, dependable source of water supply.
• To ensure water provided is the highest quality possible that
meets or exceeds Oregon State Board of Health and EPA
requirements.
• To provide sufficient reservoir capacity to meet the needs of
the patrons, including fire protection.
• To design and install appropriately sized water mains with
appurtenances to meet the short and long range requirements
of the District.
• To install water mains to ensure circulation loops which
provide better quality, fresh water.
8/13/91 Regular Meeting, Board of Commissioners, pg.7
• To install pump stations as necessary to ensure minimum
acceptable water pressure to all homes with the District.
• To provide all of the above at the lowest possible cost to the
patrons utilizing the latest budgeting and management
techniques.
• To provide fair and adequate wages and fringe benefits to all
employees and to be aware of their welfare and, thus improve
morale.
• To provide adequate, safe vehicles and equipment for all
personnel.
• To provide safe, well-lighted, secure working conditions for
all employees.
Chair Castile thanked everyone for their thoughtful input. She said
her purpose in asking for this information is to help communicate and
clarify the direction and focus of Commissioners and Administrator.
6. Commissioners' Comments.
Chair Castile said she thought these were integrated into the
previous item, Chair's Comments.
7. Administrator's Report.
Administrator Miller reported:
A. 2 existing outstanding contracts include:
• Marshall Associated Contractors
SW McDonald Street project
approximately 85% complete
need pressure tests, water samples, additional asphalt
to be applied, before completion by approximately
August 20
• Review bids for the 200 KW electric generator
Administrator Miller said he thought Marshall Associated
Contractors did an outstanding job on SW McDonald Street.
8113/91 Regular Meeting, Board of Commissioners, pg.8
Commissioner Kvistad asked about the construction work at
Elmer's Pancake and Steak House on Pacific Highway 99. Administrator
Miller said that the situation worked well--he was able to negotiate the
necessary easement on the private property three days before the work
began. The work was completed within the guidelines specified by the
owners of Elmer's: the work began on a Monday and was finished by
Wednesday, with little disruption of the restaurant's business. At the
conclusion of the work, the owners congratulated the contractor and
Tigard Water District for their professionalism and cooperation.
B. Administrator Miller said the construction work on SW
Greenburg is completely finished.
C. Administrator Miller said that Ward Henshaw has completed
the work on the new reservoir on High Tor, and a plaque has been installed,
indicating the Commissioners who servd on the Board when the contract
was awarded. Grass will be planted outside the fence this fall, and next
fall grass will be planted on the inside of the reservoir site.
D. Existing Service Agreements with Adjacent Water
Purveyors:
Administrator Miller referred to the list of Existing Service
Agreements. June 30, 1993 is the expiration date for the agreement with
the City of Lake Oswego. Administrator Miller will be talking with the
new Administrator and Director of Public Works when they are hired.
Chair Castile asked if there was any indication when that would be.
Administrator Miller said he believed the process hadn't started yet.
Commissioner Kvistad said TWD should take more aggressive action
toward coming to agreement with the City of Lake Oswego about joint
ownership of the water system. Administrator Miller said he has
conveyed clearly to the two people who are reasonably in charge of this
contract now: Jerry Baker, Acting Public Works Director and Duane Kline,
Director of Maintenance. They both assured Administrator Miller that they
intended to make some improvements in their system so that Tigard Water
District will receive more of their water in the next 5 - 8 months.
Commissioner Kvistad said perhaps we should use the June 30, 1993
expiration/renewal date as leverage to formalize an agreement. There
was additional discussion. Administrator Miller agreed with Chair Castile
8113/91 Regular Meeting, Board of Commissioners, pg.9
that TWD Commissioners should become more assertive, one on one, with
officials of Lake Oswego. Chair Castile said she would try to make
contact with the Mayor.
8. Other Business
A. Commissioner Borman referred to the title of the new Chair
of the Board of Commissioners, and quoted from Board Chair Castile's July
20 letter to the Commissioners, "We must recognize that these rules come
from a very old order. The decision makers today are those who belong to
the old school of thought and are senior, male persons." Commissioner
Borman asked if he "detected a faint tinge of reverse chauvinism there"!
Commissioner Borman continued that he found, "with delight," that the
CEO of Robert's Rules of Order in 1991 is Cecila Roberts, age 29, an aid to
Gloria Steinham, and a great supporter of NOW.
Chair Castile thanked Commissioner Borman for his study and input.
9. Old Business
A. Chair Castile said that, as promised, she has a letter from
IDAK, summarizing the status of the assessment process. This letter can
be posted, giving employees the following information. The assessment
process will be concluded on September 10. The conclusion and changes,
if any, are be announced on October 8, 1991. Chair Castile read the letter
(copy attached).
B. Chair Castile said that she and Administrator Miller
attended a meeting--a group of local officials, preparing a proposed
structure of a regional government committee which would work on behalf
of constituents of local general purpose governments and special districts
in shaping the proposed METRO home rule charter. METRO has been given
authority, by the Oregon State Legislature, to develop a charter. Local
officials including Washington, Clackamas, Multnomah Counties, and
special districts want them to gather together to assist in writing the
charter in the concept of regional government. Chair Castile said we need
to watch what METRO is doing and where they are expanding. METRO, at
first, appeared to be a special district serving a specific function, and
now we have seen it expand it's influence. Now local officials and special
districts are joining forces to give their input proactively, rather than
8/13191 Regular Meeting, Board of Commissioners, pg.10
reactively. These local officials want to appoint one of TWD
Commissioners to be the representative. Chair Castile said she wants to
be the representative, if she has the blessing of the Board, however, she
will be unable to attend the meeting on Thursday, August 15.
Commissioner Kvistad has said he will attend in Chair Castile's place, if
that is the pleasure of the Board. A motion was made by Commissioner
Nicoll, and seconded by Commissioner Kvistad, to have Chair Castile act
as the representative. A voice vote was taken. The motion passed
unanimously.
Chair Castile said she was pleased that special districts are being
included, and that will tie in with the regional water meetings that
Administrator Miller has been attending, and the connection with the City
of Lake Oswego.
C. A motion was made by Commissioner Kvistad that annually
the July meeting be used to review the Board manual, Board policies, goals
and objectives, and that annually during the January meeting, to review
the auditor and legal counsel. The motion was seconded by Commissioner
Borman. A voice vote was called. The motion passed unanimously.
Adjournment.
Hearing that there was no other business, Chair Castile adjourned
the regular meeting at 8:30 p.m.