11/14/2012 - Minutes Intergovernmental Water Board JXX/B) Minutes
SERVING TIGARD,KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday, November 14, 2012, 5:30 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
Andrew Barrett Member-At-Large
Members Absent:
None
City of Tigard Staff Present:
Dennis Koellermeier Public Works Director
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 5:32 p.m.
2. Approval of Minutes — September 12, 2012
Commissioner Buehner moved to approve the September 12, 2012, minutes.
Commissioner Henschel seconded the motion. The motion passed by unanimous vote
of the commissioners present,with Commissioners Barrett, 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 October was about 4.5 million gallons per day
(mgd). This is about .5 mgd more than was used in October 2011.
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■ At present aquifer storage and recovery (ASR) well 1 is being utilized for native
groundwater storage.
■ Ninety million gallons of water are currently stored in ASR well 2. Injection started
today, and staff expects to store about 215 million gallons of water prior to next
summer. This amounts to about a 48-day supply.
■ The winter edition of Know H2O went out last week. An article announcing
another 14 percent rate increase was included in the publication. Mr. Goodrich is
tracking customer calls generated by the article.
Note:More information on Know H2O appears under agenda item 7.
■ The board discussed water rates as they pertain to meter size and fixture count.
Later in the meeting, Mr. Goodrich provided the commissioners with handouts on
information and calculations related to meter size and fixture count. The handouts
are on file in the I" record.
5. Update on the Draft Intergovernmental Agreement for Water Service
Mr. Koellermeier noted the draft IGA (intergovernmental agreement) for water service
(King City Version), dated October 26, 2012, and had been handed out to the
commissioners. The IGA is on file in the IWB record.
Mr. Koellermeier reported:
• The City of Tigard (COT) will take the 1994 state law approach. The approach
would mirror that of a private utility such as Portland General Electric or Clean
Water Services. Each of the IWB jurisdictions (Durham, King City and the
Tigard Water District) could decide to turn its distribution assets over to the
COT and have Tigard maintain those assets or retain its assets and pay for
service via a service agreement.
■ A franchise fee/right of way fee paid by Tigard to the IWB jurisdictions is
included in the IGA; Mr. Koellermeier suggested debt service should be
excluded from the fee computations.
■ King City had concerns about the COT serving areas annexed in the future and
proposed that Tigard would be responsible for providing water within the legally
recognized boundaries of any of the member jurisdictions. If those boundaries
are extended, Tigard would supply water to new areas within the boundaries.
■ There had been discussion on whether to disband the IWB and instead have the
COT report directly to other city governments/district as a part of its budget
process.
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■ King City asked about restricting the provision of water service outside
municipal boundaries. Language to this effect will be incorporated into the IGA.
■ The agreement would be perpetual; this addresses the concern about a future
water source for member jurisdictions.
■ The COT would like to get out of business of buying and selling assets from and
between the member jurisdictions. If, years from now, a jurisdiction would like
to take its water system back from the COT, and the COT had invested more
than the average cost to maintain system, the COT would ask for some type of
true up to that cost. In such a scenario, the COT could become a water
wholesaler and provide water to that jurisdiction; the jurisdiction would run its
own water system.
Commissioner Winn indicated King City was interested in turning its infrastructure over
to the COT. He considered the new arrangement with the COT similar to other utilities.
Mr. Koellermeier mentioned that the member jurisdictions may decide to enter into one
agreement, or separate agreements could be made with each jurisdiction.
In response to the bullet point above, Commissioner Jehnke questioned—if the
City of Durham turned its water system over to the COT and then decided to
take the system back—it may have to pay additional costs.
Mr. Koellermeier replied that a jurisdiction can decide to hold on to its
distribution system and have Tigard run it. If a disproportionate amount of
Tigard's operation and maintenance budget is used to improve or repair the
jurisdiction's system, and the jurisdiction subsequently decides not to have
Tigard run its system, then the jurisdiction would be responsible for the excess
operational and maintenance costs.
■ The other scenario would be if a jurisdiction turned everything over to COT. The
COT would figure the cost into the rates and distribute it evenly over the entire
service area.
■ The COT is still unsure of the differential cost issues with the above scenarios.
■ The COT is in its first year of a 20-year debt repayment scenario. If the member
jurisdictions want to explore other water providers/options, now is the time to
explore those options—before the jurisdictions' customers fund several years of
debt service payments.
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■ The COT City Council liked the direction of moving away from a partnership to a
service provider role.
Commissioner Buehner added the COT City Council typically works in conjunction with
some type of an advisory board, like the IWB.
Commissioner Winn recommended additional discussion set up as a future agenda item;
other commissioners concurred.
Mr. Koellermeier stated an updated draft IGA will be available soon; he will distribute
this to the IWB members. The commissioners agreed to wait until the updated draft IGA
receives further refinement before taking it back to their respective cities/district.
The board will revisit the updated version of the agreement at an upcoming meeting.
6. Residential Backflow Device Service Pilot Program
Mr. Goodrich briefed the board on a new approach to Tigard's backflow prevention
program.
The COT currently has 4737 residential customers with backflow devices. Most of the
devices are related to irrigation systems. The state requires these devices be tested
annually to ensure they are functioning properly. Tigard's commercial customers are at
100-percent compliance. Over the past few years, there has been a decline in residential
compliance; compliance for residential customers is as follows:
Year Percentage of Residents
in Compliance
2009 72 %
2010 76 %
2011 60 %
2012 57
Based on administrative rules reviewed by the IWB and put into place last year, Tigard
has the authority to turn off a person's water should they fail to comply with backflow
testing requirements.
The COT has been monitoring Tualatin Valley Water District's (TVWD's) backflow
program. Under this voluntary program, TVWD hires a third party (or parties) to test
program participants' backflow devices. The testing cost—typically less than the market
price—is added to the participants'water bill. TVWD's program has been successful,
with 75- to 80-percent compliance. TVWD will also test backflow devices of customers
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who did not enroll in the voluntary program; as a penalty, these customers pay a higher
rate for testing.
The COT must get authorization to check private plumbing devices, like backflow
devices, on private property.
COT is starting to formulate a new program, similar to TVWD's program. The COT
may contract with a third party to perform testing. This may result in possible cost
savings that can be passed on to customers. The program would be a voluntary. A
customer may sign up Tigard's program or forego the program and perform his/her own
testing. If customer fails to do either, the COT could either send out the third party
contractor to do the testing or could turn off the customer's water until the device is
tested.
Mr. Koellermeier noted water customers with and without backflow devices are currently
paying for the administrative costs associated with Tigard's backflow prevention
program. He raised the question of whether customers without backflow devices should
be subsidizing program costs for customers who do have the devices. The options are
under review and will be discussed at a later date.
7. Informational Items
■ The winter edition of Know H2O was included in the meeting packet and is on
file in the I" record.
The board was briefed on Know H2O under agenda item 4. However, it was
noted that staff had provided an old edition of Know H2O in the commissioners'
packets. Ms. Gaston distributed the current winter 2012 edition. This edition is on
file in the I" record.
8. Non-Agenda Items
Mr. Koellermeier acknowledged confidential correspondence had been provided to the
commissioners in a separate envelope.
Commissioner Henschel requested an update on the Lake Oswego Tigard Water
Partnership's land use application in West Linn.
Mr. Koellermeier reported:
The West Linn Planning Commission (WLPC) denied Lake Oswego/Tigard land use
application for the water treatment plant and pipeline. The basis of their denial is that the
application did not meet code requirement benefit whereby the projects have to provide
some benefit to the West Linn community. Once the Planning Commission's findings
are adopted, Lake Oswego/Tigard will likely file an appeal with the West Linn City
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Council (WLCC). Lake Oswego and Tigard expects the appeal to result in a multi-
meeting public hearing.
The partnership enacted a slow down for projects with long lead times. Lake
Oswego/Tigard can delay about$2.5 million in expenditures for about three months
without affecting the overall project schedule. Other alternatives are being considered,
should the WLCC deny the appeal.
9. Next Meeting
December 12, 2012, at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street,Tigard, Oregon
10. Adjournment
At 6:55 p.m. Commissioner Henschel moved to adjourn the meeting. Commissioner
Buchner seconded the motion. The meeting adjourned by unanimous vote of the
Commissioners present, with Commissioners Barrett, Buchner, Henschel,Jenke, and
W' n voting yes.
r
Gretchen I3uehne I B Tice-Chair Greer Gaston, IWB Recorder
Date: �" �' Date: ■ r�--
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