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07/14/1992 - Minutes TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST. P.O. BOX 230000 TIGARD,OREGON 97223-9917 TIGARD WATER DISTRICT PHONE(503)639-1554 BOARD OF COMMISSIONERS July 14, 1992 Minutes of Regular Meeting PRESENT: Board of Commissioners: Audrey Castile, Chair Clarence Nicoli Jon Kvistad, Secretary Bob Wyffels Staff: Jeri Chenelle, Administrative Director Randy Volk, Superintendent Lorry Christian, Administrative Assistant Mike Miller, Engineering Technician III Visitors: Denis Borman, former Commissioner; Diane Kuhn, Nancy Johnson, Bonnie Turner, Mike White- -all TWD employees; Connie M. White, James Whalen, Linda Whalen, Kermio B. Scott, R.Z. Frick, Jack Polans, Ellen M. Schulz, Tim Iba, Judith Graham, Robin Franzen, The Oregonian, Bill McKee, Michael L. Layman Call to Order at 7:31 p.m. 1. Visitors. Chair Castile welcomed the visitors and thanked them for coming and for their participation. Mrs. Castile mentioned there is a sign up sheet for visitors and those wishing to address the Board. 2. Recognition of Commissioner Denis Borman. Chair Castile recognized Mr. Borman for his 7 years of service on the Board of Commissioners. She expressed the appreciation, gratitude and thanks on behalf of the Board for Mr. Borman's service, and presented him with a gift(a leather briefcase). The Board took a brief break to cut a cake and for people to give Mr. Borman their personal greeting and thanks. The meeting adjourned at 7:32 p.m. and reconvened at 7:38 p.m. 3. Chair Castile said she wanted, at this time,to take the portion of the Administrative Director's report on water conservation,then take comments from the public. The other Commissioners agreed. Administrative Director's Report •Water Conservation. Administrative Director Jeri Chenelle gave a summary, saying that our contract with Portland Water Bureau requires that TWD impose the same water restrictions that they impose. Although over a year's time TWD uses only about 4%of our water from Bull Run,during the high temperature days in June,TWD did take about 50%of our water from Bull Run. Bull Run is a reserve for TWD for peak use times, and it would be almost impossible not to use Bull Run water over a year's time. Our attorneys say that TWD is bound by the contract wording of Portland. 7!14/92 Minutes, Regular Meeting, Board of Commissioners TWD does have flexibility in enforcement, however. Portland notified us that they would prefer that we use the same kind of enforcement that they do,to ensure uniformity among the 22 districts using Portland water, but they understand that we need to do what is best for our district. The contract wording is "may issue penalities". Ms. Chenelle drafted an ordinance recommending the Administrative Director be authorized to issue penalties if the Board decides to take that action. This doesn't require penalties, but will allow for them to be issued, in the case of flagrant violations. Strict enforcement of penalties would be costly for TWD, so Ms. Chenelle recommended a lesser enforcement than Portland. The Portland Water Bureau issued restrictions on July 2,but notification came to us indirectly on that day, and information has frequently changed. TWD Staff developed a door hanger(copy included) listing the requirements and guidelines in a helpful way. These are being printed and will be distributed to people who ask, or to those whose neighbors are asking questions. Chair Castile said people in Tigard have always been supportive, willing to comply, and anxious to help where they can, and welcomed Ms. Chenelle's recommendation. She said TWO must acknowledge that we are, by contract, obligated to follow Portland's water restrictions, but would like us to do self-enforcement, until worsening hot weather might force us to take more drastic steps. The other Commissioners agreed. Chair Castile said it's very important to get specific information to the public. Ms. Chenelle said TWD office employees have received many calls asking questions and and for clarification. There was an employee meeting on Monday morning to communicate and clarify the information to ensure consistency. Commissioner Nicoli said he wanted to ensure TWD employees didn't get involved in giving fines to the public. Commissioner Kvistad said in the previous meeting, they had agreed that TWD would only notify people of violations of restrictions--it wouldn't be a punitive step. Ms.Chenelle said she recommends not taking any action now because Portland isn't acting on this until tomorrow, so there might be changes. 3. Visitors speaking to the Board. Chair Castile opened the meeting to take visitor comments. Visitors Linda Whalen, R. Z. Frick, Bill McKee, and Michael Layman and other visitors, asked questions, made comments and suggestions about water conservation, including: -concerned about fire hazard resulting from not watering. (A: There is an exception"Where there is a demonstrable need in order to meet public health or safety requirements,such as: to alleviate immediate fire or sanitation hazards; etc."). -favors an odd/even days for watering, based on address. (A: We are obligated by contract, to follow Portland's restrictions.) -concerned about finding someone to hand water during vacations. -suggested amending contract with Portland to try other restrictions, unique to our area -suggested an official notification from TWD to customers before penalties. -suggested a freeze on all new buildings and developments until current water emergency is resolved and/or adequate water supplies are secured for additional development. -asked if it's OK to water trees and shrubs if they are on an irrigation line? (A: Irrigation system is OK if it serves only trees,shrubs and flowers.) -suggested establishing allocation system, per person or household, allowing each to use water in whatever fashion they chose, then impose penalties on those who exceed allotment. (A: Water rates based on allotment is a billing process which has and is being used and considered by water purveyors.) -representative from a senior citizen development, where people have limited activities, but do take pride in and enjoy their lawns. Liked the suggestion for an allocation system. -would like to see published list of 100 largest residential water users. 2 7/14/92 Minutes, Regular Meeting, Board of Commissioners Chair Castile suggested redoing part of the TWD lawn as an example of irrigation-free landscape, with a portion demonstrating the drip system. Chair Castile thanked everyone for their comments, but said she needed to stop this portion of the meeting because there was such a long agenda. She invited people to submit their suggestions to the Water District. Commissioner Wyffels mentioned that it has been 21 years since the last time TWD needed to restrict water, and he thanked visitors for their ideas. Chair Castile reminded everyone that reused/treatment plant water is being used for parts of King City and Summerfield golf course, and Tigard High School, and some homes have wells. Chair Castile said she has 3"Es"to offer to the Board and Staff: -Educate--educate public on our water, where it comes from, how it is processed, costs to provide water, explain the lines,wells, storage. Use video for presentations in schools, service organizations. - Example--use TWD facility to demonstrate(i.e.,the drip system, irrigation-free landscape), encourage other public entities to do same (i.e., Tigard City, etc.)and to provide conservation incentives. - Explore-- public survey to explore ideas that people have, and to join with others on conservation programs. Commissioner Kvistad reminded people TWD is a special district(not part of the City), and that everyone in the Water District area is an owner of the system. He also thanked everyone for coming to the meeting. • Visitor Jack Polans asked if a closed meeting had been held at the Tigard Water District with staff representatives from Tigard, Durham and King City. In the pursuing discussion, it was unclear to which meeting he was specifically referring. However, Commissioner Kvistad suggested it may have been the joint discussion meetings in preparation for the 190 agreements. Chair Castile advised that there have been some initial meetings with the staffs from the cities and unincorporated area served by TWD. Mr. Polaris asked if there had been notes taken at these meetings. Chair Castile confirmed that there had been. Mr. Polans asked if he could see the notes or minutes taken at these meetings. Chair Castile said she did not have her copies with her but referred Mr. Polans to Administrative Director Jeri L. Chenelle who would provide him with the requested copies. 4. Resolution to approve minutes of the June 9 and June 17 Board meetings. A motion was made by Commissioner Nicoll and seconded by Commissioner Kvistad to approve the minutes of the June 9 meeting. There was no discussion and a voice vote was called. The motion was approved unanimously. A motion was made by Commissioner Nicoll and seconded by Commissioner Wyffels to approve the minutes of the June 17 meeting. There was no discussion and a voice vote was called. The motion was approved unanimously. 5. Resolution to approve payment of vouchers. A motion was made by Chair Castile and seconded by Commissioner Kvistad to approve payment of the vouchers. Commissioner Kvistad asked questions about the following vouchers: (1) Consolidated Supply for $4,912--(Superintendent Volk said it was for irrigation supplies and equipment);(2) EC Distributing —(for servicing on diesel generators); (3) Frank Business Solutions-- (financial systems and computer servicing); and (4) Portland Water Bureau,$9,200— (for water). Hearing no more questions, a voice vote was called. The motion passed unanimously. 3 7/14/92 Minutes, Regular Meeting, Board of Commissioners 6. Resolution to appoint Trustees of Pension Plan and Deferred Compensation Plan (Resolution 10- 92). A motion was made by Commissioner Nicoll and seconded by Commissioner Kvistad to approve Resolution 10-92, appointing Jeri L. Chenelle and Bob Wyffels as trustees of the pension plan and deferred compensation plan. A voice vote was called. The motion passed unanimously. 7. Resolution to appoint Administrator of Pension Plan and Deferred Compensation Plan (Resolution 11-92). A motion was made by Chair Castile and seconded by Commissioner Wyffels to approve Resolution 11-92, appointing Jeri L. Chenelle as administrator of the pension plan and deferred compensation plan. A voice vote was called. The motion passed unanimously. 8. Process to fill the vacancy created by the resignation of Commissioner Denis Borman. Chair Castile said, as there is no formal process in place to take nominations to fill a vacancy on the Board, she would like to have names of nominees with a brief paragraph of introduction or qualifications be submitted to the Board at the September Board meeting. Commissioner Wyffels invited representation from Durham and King City. Chair Castile suggested staff contact Dale Evans. Commissioner Kvistad suggested contacting the Summerfield community also. 9. Report on Tualatin Valley Fire District's property on SW Burnham Street. Administrative Director Chenelle reported that the sale had gone through, thanks to staff members Lorry Christian, Nancy Johnson, Mike Miller, and Randy Volk. Administrative Assistant Lorry Christian coordinated the project. The only problem at the end was that the tenant of the property hadn't paid the sewer bill for a year, which would have put a lien on the property if TWD hadn't paid it. TWD has sent letters asking for repayment to us to avoid legal action. Ms.Christian said she has negotiated with Gary Wells, Tualatin Valley Fire& Rescue District,to deduct the outstanding utility bills from the relocation monies they may pay to the owner of Rain or Shine(now the tenant of TVF&R). 10. Chair's Comments. A. John Buol, City Manager of King City, is leaving his position with South Fork Water Board. He sent a letter asking that he be allowed to represent TWD by continuing to serve on the following 3 committees in a voluntary capacity: -Advisory Committee on Regional Providers Advisory Group -APAG Ad Hoc Public Involvement Committee -RPAG Ad Hoc Phase 2 Scoping Committee John Buol has also testified before the Goldschmidt committee. Chair Castile said he is very knowledgeable on water issues, a real asset, and she recommends that he be our representative. Administrative Director Chenelle agreed with the recommendation,saying John has been very involved for years, and is very valuable. Commissioner Kvistad said he wanted to ensure that in those situations where TWD's point of view is different from the other cities Mr. Buol represents,that he remembers to also represent our point of view. A motion was made by Commissioner Wyffels and seconded by Commissioner Nicoll that John Buol represent TWD and continue serving on these committees. A voice vote was called. The motion was passed unanimously. B. Chair Castile reviewed part of the goals and objectives submitted in August 1991. Chair Castile recommends there be an annual Board retreat--to talk about goals and objectives,review policies, etc. She recently attended a training seminar put on by SDAO. C. Chair Castile suggested preparing a TWD position paper and sending it with the next water bills. Administrative Director Chenelle clarified that the Board wants to have a paper sent to TWD patrons describing and clarifying water restrictions. 4 7/14/92 Minutes, Regular Meeting, Board of Commissioners 11. Commissioners'Comments. Commissioners Wyffels and Kvistad agreed with Chair Castile's comments and commented on the water restriction issues. 12. Administrative Director's Report. A. Mandatory Water Restrictions/Enforcement. Ms. Chenelle clarified that the Board wants her to bring back Ordinance 1-92 at the next regular Board meeting. If a problem arises because of not having an ordinance in place, a special meeting can be called. B. Water-efficient showerhead distribution program. Ms. Chenelle reported that PGE has asked that we wait to see how the experimental program goes with Lake Oswego. PGE will only exchange showerheads with present owners of electric water heaters. PGE did take a list of our multi-family customers and will contact managers about installing the water-efficient showerheads. C. Telemetry system. Superintendent Volk is working with Chuck Arrera, consultant, who is preparing a preliminary report on TWD and a cost estimate,for a fee of$5,000 or less. D. Auditors from Coopers&Lybrand will be at TWD from July 16 to July 31. E. Mike Miller, Engineering Technician III, made a presentation about the proposed 24" transmission main on Greenburg Road, under Hwy. 217. Mr. Miller recommends that we do not put in the line at this time because of: (1)at the present, Portland cannot deliver additional water to meet the capacity of the proposed pipeline until it installs a 30-inch main from Burlingame reservoirs to Bradley corner; (2) the shortfall in revenue in System Development Charges; (3) project should be done other than high temperature summer months (project requires the Portland main be off-line); and(4)TWO has no clear commitment to either Portland Water Bureau or Lake Oswego as long term water source. There was a discussion about options. A motion was made by Commissioner Kvistad and seconded by Chair Castile to postpone the project until such time as it looks more feasible for future water needs. A voice vote was called. The motion passed unanimously. F. The customer-semi-public telephone was installed at the front counter. G. Meetings attended: The Commissioners said they liked seeing the list of meetings attended by Administrative Director. H. Superintendent Volk said it was important that the Commissioners be aware of the wonderful job done by the office staff of Bonnie Turner, Diane Kuhn, and Trish Toedtemeier answering telephone calls from TWD patrons asking questions and giving comments about the water restrictions. The Commissioners agreed, and Chair Castile said that every time she called the District office she always got a cheery voice. Chair Castile also acknowledged Mr.Volk for his patience and good job of handling customers and calls. I. Superintendent Volk showed a drawing of a banner for TWD's building,which says: "Conserve Use Water Wisely", at a cost of$270. 12. Other Business. A. Chair Castile asked about having legal counsel(at Lane Powell Spears Lubersky)review the contract with Portland(without going to any great cost),specifically the formula for calculating the cost of purchasing water,to see if there's another strategy for TWD to purchase water at a lower cost. B. Regarding proposed agreements with Lake Oswego as a water source, Chair Castile asked Commissioners about the possibility of establishing a value for their present water facilities,then 5 7/14/92 Minutes, Regular Meeting, Board of Commissioners propose to pay them for that value,that would allow L.O.to double their capacity. Chair Castile said she wanted to continue to persue the issue of part/joint ownership in a water source with Lake Oswego. Administrative Director Chenelle said we should soon hear from a sub- committee of L.O.'s council about their position. C. Commissioner Wyffels asked a question about the 15.5%water loss for FY 91-92,on a report distributed by Bookkeeper Nancy Johnson. Superintendent Volk explained there are several reasons: (1)twice flushed out the 24"water main on Greenburg Rd. (first after initial construction, then again after repair of a leak); (2) main break on SW Bonita Road; (3)routine flushing fire hydrants by contractors (although most are metered); (4) each filling of the 10 MG reservoir shows in the financials as loss until the water is drawn out and sold(although the auditors view it as inventory); and (5)flushed out the 24"water main on SW McDonald Street after construction. 13. Election of officers for the Board of Commissioners for fiscal year 1992-93. Chair Castile proposed that she continue as Chair through the October meeting for several reasons: (1)because of transition from Administrator to Administrative Director; (2)being heavily involved with discussions about 190 agreements;and (3) being involved in negotiations with TWD buying or obtaining part ownership in Lake Oswego's water treatment plan. Commissioner Nicoli nominated Commissioner Wyffels. Commissioner Wyffels said he supported having Commissioner Castile continue as Chair until the October meeting. A motion was made by Commissioner Kvistad and seconded by Chair Castile to table the election of officers until the October. A voice vote was called. The vote was unanimous. The regular meeting was adjourned at 9:37 p.m. so the Board could go into executive session. 14. At 9:37 p.m., Chair Castile adjourned the regular meeting and the Board, with Administrative Director Chenelle, went into executive session under the provisions of ORS 192.660(1)(a), (e), and(h) to discuss employment of public officers and employees, real property transactions, and possible litigation. The first part of the executive session was for Commissioners only. At 10:02 p.m., the Board came out of executive session and reconvened the regular meeting at 10:09 p.m. There was no further discussion or motions. The meeting adjourned at 10:10 p.m. 6