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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.