05/12/1992 - Minutes e ,
TIGARD WATER DISTRICT
4 8777 S.W.BURNHAM ST.
P.O. BOX 230000
TIGARD,OREGON 97223-9917
TIGARD WATER DISTRICT PHONE(503)639-1554
BOARD OF COMMISSIONERS
May 12, 1992
Minutes of Regular Meeting
PRESENT: Board of Commissioners: ABSENT:
Audrey Castile, Chair Denis Borman, Treasurer
Clarence Nicoll
Jon Kvistad
Bob Wyffels
Staff:
John Miller, Administrator
Nancy Johnson, Bookkeeper
Mike Miller, Engineering Technician Ill
Lorry Christian, Administrative Assistant
Visitors:
S. Carolyn Long, Tigard Chamber Ruth Martinson
Hill Hampton, Tigard resident Eric Martinson
Jim Nicoli, Tigard resident Sydney Sherwood, former Commissioner
Jack Polans Tom C. Barber, Tigard resident
John A. Buol, King City David Lyons
Pat Reilly, City of Tigard Jerry Edwards, City of Tigard
Robin Franzen, The Oregonian Gregg Davidson, Davidson's restaurant
Judy Fessler, City of Tigard
Budget Hearing for FY 1992-1993
The meeting was called to order by Chair Castile at 7:32 P.M.
1. Visitors
Chair Castile welcomed the visitors and asked if anyone wanted to address the
Board regarding the proposed budget. No one wanted to make any comments.
2. Steps necessary to add general manager's salary to FY 1992-93 Budget
Chair Castile asked Administrator John Miller to review the process for adding a
general manager's salary to the FY1992-93 Budget. Administrator Miller did so. On
Resolution 3-92, the dollar figures have been adjusted to allow for including the salary
for a general manager, although the total of the budget has not been increased. A
motion was made by Commissioner Jon Kvistad and approved by Commissioner
Clarence Nicoli to approve the adjusted budget figures for Resolution 3-92 (which will
be reviewed later in the meeting). A voice vote was called. The motion passed
unanimously.
5/12/92 Regular Meeting, Board of Commissioners
Chair Castile asked if there were any other questions or comments. Hearing
none, she adjourned the Budget Hearing.
Public Hearing for Proposed Rate Increase:
Chair Castile called to order the public hearing for a proposed rate increase.
1. Visitors and comments
Chair Castile welcomed the visitors and asked if anyone wanted to address the
Board regarding the proposed rate increase. No one wanted to make any comments.
Chair Castile asked Commissioners if they had received any input.
Commissioner Kvistad said people who talked to him said it had been a long time
since the last increase, and they felt the proposed increase was justified. Chair Castile
said she received several letters from people who said they understood that this rate
increase was justified.
Chair Castile asked if there were any other comments. Hearing none, she
adjourned the public hearing for proposed rate increase.
Regular Meeting:
Call to Order at 7:36 P.M.
1. Resolution to approve the minutes of the April 14 Regular Board Meeting.
A motion was made by Commissioner Kvistad and seconded by Commissioner
Wyffels to approve the minutes of the April 14 regular Board Meeting. Chair Castile
said she wanted the minutes to be amended as follows:
- page 2, No. 5. sentence in middle of paragraph should read: "Costs of
operating the property will be an issue in deciding whether to proceed further or drop
the issue of having the property considered by the City or the Chamber of
Commerce." (Add the words in italics.)
- page 3, No. 7 b. sentence in middle of paragraph should read, "He wants
TWD to give him cost information for running 4 hydrants 24 hours per day, and
information on ground water level from wells." (Add the words in italics.)
Hearing that there were no other corrections, a voice vote was called. The
resolution passed unanimously.
2. Visitors
Chair Castile said she wanted to move this item down on the agenda.
3. Resolution to approve the payment of vouchers.
Motion was made by Commissioner Nicoli and seconded by Commissioner
Wyffels to approve the payment of vouchers. Discussion was called for.
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Commissioner Kvistad asked about check #37685, Dirollo Landscaping & Irrigation.
Administrator Miller said that was for landscaping the High Tor reservoir site.
Commissioner Kvistad asked about Check #37697, Hornet Foundation/CSU
Sacramento. Administrator Miller said that was for training films and materials.
Commissioner Kvistad asked about Lakeside Industries. Administrator Miller said they
are the people who did the temporary patching on the Bonita Road main break.
Commissioner Kvistad asked about check #37713 to J. Carol Pope Manufacturers
Rep. Administrator Miller said they provided the louveres for the new generator.
Administrator Miller also said that the new generator is in place. Hearing no further
questions, a voice vote was called. The motion passed unanimously.
Chair Castile said Commissioner Denis Borman had called and said he
wouldn't be able to attend the meeting because of other business he needed to attend
to.
2. Visitors
Chair Castile welcomed the visitors, and invited Jim Nicoli to address the
Board.
Jim Nicoli said he was representing a group of people which include members
of the Chamber of Commerce to ask the Water District to consider trading property and
taking possession of the current fire station at 8841 S.W. Commercial Street. The
group which Mr. Nicoli represents has been meeting and discussing the possibility of
upgrading the building so it would be available for community meetings.
Chair Castile asked Administrator Miller about the status of negotiations with
Tualatin Valley Fire and Rescue. Administrator Miller said we have a verbal
agreement on the sale price and are working on getting a legal description of the
property, and they are wanting to proceed toward a July 1 goal.
Mr. Nicoli said the building contains about 8,000 square feet, and
approximately $250,000 would be needed in cash, donated labor and materials to
upgrade the building so it could be used. Five rooms have been identified as potential
meeting rooms.
Chair Castile expressed concern about how this would affect the plans of the
Fire District. A discussion continued. Commissioner Kvistad said he has a conflict
because he sits on the board for the Chamber, and they have not voted on this issue.
Commissioner Wyffels said he has a conflict because he sits on the budget committee
for the Fire District. Chair Castile said there were many questions to be answered.
Administrator Miller said that the $100,000 proceeds from the sale of the Rain & Shine
property is part of the income for the FY1992-93 budget. Chair Castile asked
Commissioner Clarence Nicoli to be a subcommittee with Administrator to talk with the
Fire District. Commissioner Nicoli suggested that the attorney be consulted regarding
this issue. Mr. Nicoli gave an overview of the present structural condition of the
building, and reviewed the floor plans for proposed remodeling.
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Chair Castile said she personally would like to help the community by helping
make more meeting rooms available. Her concern is that, for the Water District, we
aren't giving away $100,000. She would like to see if something can be worked out.
4. Resolution to establish Capital Projects Reserve Fund #3 in FY1992-93
for 2.5 million gallon reservoir and site on SW 141st Avenue south of Bull Mountain
Road at elevation 550 feet (Resolution 5-92)
A motion was made by Commissioner Kvistad and seconded by Commissioner
Wyffels to approve Resolution 5-92. Discussion was called for. Commissioner Kvistad
asked when we would begin construction on this reservoir. Administrator Miller said
1996-97. Hearing no further discussion, a voice vote was called. The resolution
passed unanimously.
5. Resolution to adopt a budget, make appropriations, levy taxes
(Resolution 3-92)
A motion was made by Commissioner Wyffels and seconded by Commissioner
Nicoli to approve Resolution 3-92. Discussion was called for. Hearing no discussion
or questions, a voice vote was called. The resolution passed unanimously.
6. Resolution to approve the proposed rate increase.
(Resolution 4-92)
A motion was made by Commissioner Nicoli and seconded by Commissioner
Wyffels to approve Resolution 4-92. Discussion was called for. Chair Castile said
there had been no negative comments from people in the community, but rather an
understanding. Administrator Miller reviewed the specifics of the proposed rate
increase, which is 28% overall. A voice vote was called. The Resolution passed
unanimously.
7. Resolution to approve the revised Capital Improvements Plan
(Resolution 6-92)
A motion was made by Commissioner Nicoll and seconded by Commissioner
Wyffels to approve Resolution 6-92. Discussion was called for. Administrator Miller
briefly described the resolution. Hearing no further discussion or questions, a voice
vote was called. The resolution passed unanimously.
8. Chair's Comments
A. Direction of TWD Commissioners regarding 190 Agreements
between TWD and the entities served.
Chair Castile referred to the May 11 meeting she attended with Commissioner
Nicoli and TWD consultant Jeri Chenelle, representatives from Durham, King
City, Tigard, the unincorporated areas. This group chose the name of Tigard
Water District Advisory Committee.
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Chair Castile also talked about an employee meeting on April 30, where
visitors C. Akin Blitz, TWD Attorney, Jeri Chenelle, TWD Consultant, and Chris
Thomas, Montgomery Engineering Attorney described 190 agreements and
answered questions. She said although she wasn't able to attend, she
understood that the other four commissioners had attended. She said she had
received two pieces of feedback: (1) the information was explained well and
TWD employees left with an understanding of 190 agreements; and (2) the
collective position of the Commissioners regarding 190 agreements isn't clear.
Chair Castile said she thinks its very important to let the public know where they
stand collectively. Chair Castile asked the Commissioners to take a vote and
individually describe their positions. (She talked with Commissioner Borman
prior to the meeting and got his response.)
Commissioner Nicoll asked visitors John Buol, City Manager for King
City, and Pat Reilly, City Administrator for Tigard to describe their experiences
with 190 agreements. John Buol described his experience with them as
General Manager for the South Fork Water Board, a water system owned by
West Linn and Oregon City, and operating under a 190 agreement since 1976.
ORS 190 identifies a process for how you want to operate a service that you
want to provide jointly to cities, counties and special districts. For example, 190
Agreements are used to provide emergency dispatch services and recycling
services. The 190 agreement is put together by all entities involved, and can be
approved only when all entities agree to everything in the agreement.
Chair Castile said if or how we pursue 190 Agreements, the Tigard Water
District Advisory Committee is still needed, as previously agreed to by the TWD
Board of Commissioners, to be involved in the negotiations with Lake Oswego
and the search for long term water sources. The current Board of
Commissioners can establish the specifics needed and wanted to protect
patrons of TWD--they can be proactive in the process, not reactive.
Commissioher Nicoli said a positive point for him is that under a 190
Agreement, the day to day operation of TWD wouldn't have to change from what
it is now--only the policy makers would change. The new board would be
appointed, rather than elected. A discussion followed.
Commissioner Kvistad asked why Durham, King City and Tigard want to
create a 190 Agreement. Pat Reilly said that each city has different reasons, but
the City of Tigard wants (1) to have one water purveyor, instead of two, for the
City; (2) that Tigard Water District be kept intact. Now, the cities involved have
the ability, if they chose, to withdraw from the Water District, which would leave
the Water District fragmented. The motivating force to begin discussions about
some type of unifying began with the merger of Wolf Creek Highway and
Metzger Water Districts, and there were concerns about how far the boundaries
of Tualatin Valley Water District would expand. By state statute, special districts
are temporary institutions, existing until such time as cities can provide those
services. Cities are permanent--not temporary institutions. So, from the
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beginning, the driving force has been a desire to protect the Water District from
being assimilated by other districts, although since then, other issues have
surfaced. They are advocating changing the governing structure of the Water
District, keeping the District independent under the umbrella of the cities. The
discussion continued.
Administrator Miller said he sees consolidation of other districts and
thinks its a valid reason for pursuing 190 agreements. He sees the 190
agreements being a benefit to Tigard Water District, because TWD will continue
to exist independently. His concern is that if we don't pursue the 190
agreements, the Boundary Commission will consider consolidating TWD with
other water districts because of the process of developing another long range
water source and its related cost.
Chair Castile said one of Beverly Froudy's comments was that whenever
there's change, things are going to change. For people to say there won't be
change isn't realistic, if we proceed with the 190s. However, Chair Castile
would rather have change we can be proactive about, rather than being
reactive.
Chair Castile called for a vote.
Borman: No--wants to have TWD stay as it is, and not pursue any kind of
exploration of 190 agreements at this time.
Castile: yes--wants to pursue 190 agreements.
Nicoli: yes--pursue with caution, knowing that we can withdraw if we don't
agree.
Kvistad: yes, continue with discussions about 190s and their impact, without
committing to either proceed or not proceed--wants it proven that a 190
agreement and a change in the structure of the board will be in the best
interests of the patrons of the District.
Wyffels: yes--continue with discussions. If we get all the answers that we feel
are needed, then move ahead with the formal document. Concerns,are
that we protect patrons of the District's, and retain local control.
Chair Castile summarized. There is one dissenting vote, although he
isn't here tonight. Although there are various degrees, the four Board members
are in agreement to proceed with the discussions, but they haven't agreed to
anything yet--that they would like to see where it would lead. The
Commissioners agreed.
Chair Castile asked if the Commissioners were willing to identify issues
about what they want to see happen if they do proceed with 190s, and what
kinds of agreements it would take to come to resolution about 190s.
Commissioner Nicoli said yes. Commissioner Kvistad said he wasn't opposed
to discussing 190s or other changes in the entity. He said he wants to have it
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5/12/92 Regular Meeting, Board of Commissioners
proved that proceeding with 190 agreements will be in the best interests of the
patrons, not in the best interests of political entities.
Chair Castile encouraged all Commissioners to attend the meetings of
the Tigard Water District Advisory Committee. The next one will be held at
9:30 a.m., Tuesday, May 26, at Tigard Water District. Chair Castile thanked
John Buol and Pat Reilly for their comments.
B. Proposals of a draft of contract agreement between TWD and Jeri
Chenelle, accepting a 6 month part time acting general manager position.
Chair Castile said reasons for doing this include being cost effective for
the District, and it will give Jeri a point of authority as she talks with Lake
Oswego and Portland.
Commissioner Nicoli said he thought the title of general manager is not
appropriate, that she is a consultant for the Water District.
Commissioner Wyffels suggested having an executive session after the
other agenda items are completed.
9. Commissioners' Comments
A. Commissioner Wyffels said his comment was about the water rate
increase. There has been community support for the rate increase, once
people understood the role of Lake Oswego in our rate increase, and that it has
been such a long time since our last increase.
10. Administrator's Report
Administrator Miller said on May 26, he, and Superintendent Randy Volk, will be
meeting with the City of Tigard to talk about combining additional functions, possibly
the billing.
11. Other Business
Visitor Jerry Edwards, Mayor of the City of Tigard asked if the general manager
position the Board will be discussing is currently budgeted. Chair Castile said it is
included in the budget approved for FY1992-93.
Chair Castile adjourned the regular meeting at 8:57 p.m. to go into executive
session under ORS 192.660(1)(a), Employment of Public Officers and Employees.
At 10:08 p.m. Chair Castile reconvened the regular meeting.
A motion was proposed by Chair Castile and seconded by Commissioner
Wyffels to negotiate a contract with Jeri Chenelle for a position of full time Acting
5/12/92 Regular Meeting, Board of Commissioners
Administrative Director for a 6 month trial basis. Discussion was called for. Hearing
no discussion, a voice vote was called. The vote was unanimous.
Commissioner Kvistad explained that instead of a general manager position,
they wanted a supplemental position which takes care of the administrative functions
of the District, outside of technical areas which are part of the job of Administrator
Miller. Jeri Chenelle, in this position, would be responsible for working with the
computer project, the discussions about 190 agreements, and being a spokesperson
for the political side of the water resource issues. Having this position is not intended
as a punitive action or as a threat to the Administrator.
Chair Castile suggested a work session between the Board of Commissioners,
Administrator Miller and Jeri Chenelle to define tasks for Mrs. Chenelle in the position
of Acting Administrative Director tentatively scheduled for Thursday, May 21, at 4:00
p.m. subject to Administrator Miller's availability due to his jury duty commitment.
Commissioner Wyffels said the Board also wants to have Bob Santee continue
as engineer for the Water District at the prerogative of Administrator Miller.
Chair Castile adjourned the regular meeting at 10:29 p.m.
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