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04/11/2012 - Minutes Intergovernmental Water Board (IWB) Minutes SERVING TIGARD,KING CITY,DURHAM AND TIGARD WATER DISTRICT MEETING DATE: Wednesday, April 11, 2012 6:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Ken Henschel Representing the Tigard Water District Keith Jehnke Representing the City of Durham Dick Winn Representing the City of King City Vacant Member-At-Large Members Absent: None City of Tigard Staff Present: John Goodrich Utility Division Manager Greer Gaston IWB Recorder 1. Call to Order, Roll Call and Introductions Commissioner Winn called the meeting to order at 6:37 p.m. 2. Approval of Minutes — February 8, 2012 Commissioner Buehner moved to approve the February 8, 2012, minutes. Commissioner Winn seconded the motion. The motion passed by unanimous vote of the commissioners present, with Commissioners Buehner, Henschel,Jehnke and Winn voting yes. 3. Public Comments There were no comments from the public. 4. Water Supply Update Mr. Goodrich reported: ■ Average water use for the month of March was about 3.76 million gallons per day (mgd). Usage was lower when compared to the same time period last year. ■ Portland Water Bureau expects to have an adequate water supply for the summer. ■ 232 million gallons of water are stored in aquifer storage and recovery (ASR) wells. Water continues to be injected in to ASR well no. 2; between 60 and 75 million gallons of additional water will be injected over the next few months. 5. Bruce Ellis Credit for Leak Request Mr. Goodrich provided background information on this credit for leak request. Credits over $500 must be approved by the board. Commissioner Henschel moved to approve the credit. Commissioner Buehner seconded the motion. Commissioner Winn restated the motion was to approve a credit for Mr. Ellis of$680.58. The motion passed by unanimous vote of the commissioners present, with Commissioners Buehner, Henschel,Jehnke and Winn voting yes. 6. Discussion and Selection of the Member-At-Large Commissioners Jehnke and Winn summarized their assessment of the two member-at- large applicants. Both candidates were well qualified and consensus was that either applicant would do a good job. Ultimately, the board selected Mr. Andrew Barrett based on his engineering background. Commissioner Jebnke moved to appoint Mr. Barrett to the member-at-large position. Commissioner Winn seconded the motion. Mr. Barrett was appointed to the member-at- large position by a unanimous vote of the commissioners present, with Commissioners Buehner, Henschel,Jehnke and Winn voting yes. 7. Update on Tigard's Efforts to Secure Bonds to Fund Capital Improvements Arising from the Lake Oswego-Tigard Water Partnership Mr. Goodrich summarized Tigard's bond rating agency presentation which is on file in the IWB record. The presentation was made to two agencies—Moody's and Standard & Poor's. Ultimately, Tigard obtained the following favorable ratings: ■ Moody's –Al ■ Standard & Poor's –AA- These are very good ratings and Tigard's first bond sale will net the city $102.5 million. 8. Update on the Status of the Draft Intergovernmental Agreement (IGA) for Delivery of Water Service Mr. Koellermeier was unable to attend the meeting and provided the board with a memo on the status of this item. This memo is on file in the IWB record. The memo states that Tigard staff has concerns about the current version of the IGA and has enlisted Attorney Clark Balfour to review the current agreement and suggest solutions that will meet the needs of all the member jurisdictions. Ms. Gaston advised Mr. Balfour was working from the most recent version of the IGA—version seven. Commissioner Winn said the board had already invested a lot of time in the existing IGA, and he did not want to rehash the agreement or start over with a new agreement. He added that the member jurisdictions want an agreement whereby they have ownership in the system assets once the bonds are paid. The board discussed various versions of the IGA and requested Tigard staff also provides Mr. Balfour with version six and with written comments from Durham City Attorney and former IWB member Mr. Bill Scheiderich. 9. Informational Items ■ Tigard is pursuing membership in the Clackamas River Water Providers (CRWP). A memo from Mr. Goodrich on this matter is on file in the IWB record. Commissioner Buchner announced that she would represent Tigard at the CRWP. ■ Tigard has applied for a $750,000 Bureau of Reclamation grant to partially fund an upcoming aquifer storage and recovery (ASR) project. Commissioner Buchner reported on a recent trip to Washington, D.C. where she met with representatives from the Environmental Protection Agency and Bureau of Reclamation; these representatives expressed interest in the project. Commissioner Buchner is hopeful Tigard will receive the grant. ■ Commissioner Buchner gave an update on the Lake Oswego-Tigard Oversight Committee activities: - Thirty-percent designs will be released shortly; cost estimates are coming in as expected. - Land use permitting is progressing and should be completed by fall. - The fiscal year 2012-2013 budget has been reviewed. - With regard to the Robinwood neighborhood, the water treatment plant land use application has been filed and received a favorable review from West Linn staff. The application next goes to West Linn's Planning Commission; Commissioner Buchner will testify before the commission on April 18. An appeal is expected and will go to the West Linn City Council. - The next Oversight Committee meeting has been moved to April 25. Thirty- percent design numbers will be available at that time. - There will be a joint meeting between Lake Oswego and Tigard City Councils at the end of the month. Commissioner Buchner invited the IWB commissioners; staff will provide meeting details. Commissioner Winn said the joint meeting should formally include the IWB. He continued that commissioners should have a seat at the table with the councils as opposed to sitting in the audience. Commissioner Buchner suggested Commissioner Winn discuss the matter with Mr. Koellermeier. - On the state water rights issue,WaterWatch obtained another 30-day delay to submit its brief. This should be completed in June, and oral arguments will be scheduled. 10. Non-Agenda Items Mr. Goodrich handed out a memo and eight proposed administrative rules. The handouts are on file in the IWB record. Mr. Goodrich described the administrative rule review and implementation process. Commissioner Henschel said the proposed rules affect his constituents, and he would have liked to see the rules earlier in the review process. He added that the IWB should have been more involved in the rulemaking process. Commissioner Henschel requested a discussion of the administrative rules be placed on the next agenda, so any comments could be submitted from the board— as opposed to individual commissioners. The commissioners debated this request; ultimately, board consensus was to add the item to the next agenda. 11. Next Meeting May 9, 2012 at 5:30 p.m. Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment At 8:08 p.m. Commissioner Buehner moved to adjourn the meeting. Commissioner Winn seconded the motion. The meeting adjourned by unanimous vote of the commissioners present, with Commissioners Buehner, Henschel,Jehnke and Winn voting yes. Dick Winn, IWB Chair Greer Gaston, IWB ecorder Date: ��l�! __ Date: �� d _