04/08/2009 - Minutes Intergovernmental Water Board (IWB)
Meeting Minutes
April 8, 2009
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Ken Henschel Alternate Representing the Tigard Water District
Bill Scheiderich Member At-Large (Arrived 5:35 p.m.)
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Director Dennis Koellermeier
Utility Division Manager John Goodrich
Assistant Finance Director Debbie Smith-Wagar
IWB Recorder Greer Gaston
Note:Agenda items are recorded in the minutes in the order they were
considered.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:30 p.m.
2. Approval of Minutes --March 11, 2009
Commissioner Buehner motioned to approve the March 11, 2009 minutes;
Commissioner Winn seconded the motion. The minutes were approved by unanimous
vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel,
and Winn voting yes.
3. Public Comments: None
4. Garrison Appeal of Leak Credit
Ms. Smith-Wagar provided background information on this credit for leak appeal. She
explained the customer's bili was $237. Based on the standard credit for leak formula, a
$91.76 credit had been issued.
Mr. Garrison had appealed, requesting an additional credit beyond the standard credit
already issued.
Commissioner Buehner confirmed the City of Tigard recovered its wholesale water
costs and asked if the customer had been informed that they were being charged for
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these costs. Commissioner Henschel noted a credit beyond the $91.76 would mean
other ratepayers were subsidizing Mr. Garrison's leak.
The Board discussed City overhead costs, the cost of water, and markup on water.
Commissioner Carroll questioned why Mr. Garrison should receive an additional credit
when most customers accept the standard credit and do not pursue an appeal.
Board consensus was not to issue a credit beyond the standard credit already
issued.
Commissioner Buehner requested Mr. Garrison be informed that no additional credit was
issued because the City had to recover the costs associated with purchasing and
supplying water.
6. Review the City of Tigard's Utility Services Delinquent Account Policy--
Continued
Ms. Smith-Wagar summarized her memorandum and asked the Board for direction if
they were interested in pursuing:
■ A donation check box to help people who need assistance to pay their water bill.
■ Mailing delinquent notices return receipt requested.
■ Assessing a delinquent payment fee.
With regard to the donation check box, Commissioner Buehner said it may be possible
to use a City of Tigard social service grant.
As an alternative to the check box, Commissioner Scheiderich suggested a lifeline rate
whereby the minimum amount of water to conduct household activity, like the first two
units of water per person per household, is sold at a discounted rate that falls
somewhere between wholesale and retail. A lifeline rate would typically be considered
as part of a rate study. Mr. Koellermeier said the City of Tigard would be conducting a
rate study next year.
Ms. Smith-Wagar said approximately five to ten of the City's weekly shut-offs say they
are unable to pay, but most do pay with a credit card.
Mr. Koellermeier suggested two options:
■ Pursue the addition of a lifeline rate whereby a person would have to meet
certain qualification requirements.
■ The Board could make a charitable contribution to some organization that would
provide assistance to water customers who could not pay their bill.
Commissioner Henschel said these options didn't give people the option of contributing.
Ms. Smith-Wagar said according to Tualatin Valley Water District, few people make
donations via its check box.
Commissioner Scheiderich spoke in favor of the lifeline rate.
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Mr. Koellermeier advised the City was required to move toward an incentive-based rate
to encourage conservation. An incentive-based rate is also called an inclined or inverted
block rate. Under this type of rate system, consumption is divided into units, with the
price of water increasing with each successive unit. A lifeline rate could be incorporated
into a new rate structure. Commissioner Buehner said this approach avoided some of
the administrative pitfalls associated with the donation check box.
Board consensus was to remove the donation check box from consideration.
The Board discussed mailing delinquent payment notices via return receipt requested.
Commissioner Winn noted he had suggested mailing notices via return receipt
requested to reduce costs and ensure customers received the notice. Ms. Smith-Wagar
said the majority of customers acknowledged they received the notice via the regular
mail method, but waited until they got the door hanger notice before paying their bill.
Commissioner Henschel suggested the customer be assessed a small fee on their next
bill to recover the cost of return receipt mailing.
Commissioner Carroll said the delinquent notice process needed to be self-sustaining;
rate payers shouldn't subsidize the notification process for customers who are habitually
late in paying their bills.
Mr. Koellermeier advised actual fees must be based upon the actual cost of service. He
confirmed the Board's direction that the delinquent notification process needs to pay for
itself. Interim fees could be enacted until an evaluation of actual costs is conducted.
Commissioner Buehner inquired about a first-time forgiveness clause.
Board consensus was not to pursue mailing by return receipt requested; the door
hanger fee will be implemented as an interim fee until an evaluation of the actual
cost is conducted.
Mr. Koellermeler said the Board would formally consider the final City of Tigard Utility
Services Delinquent Account Policy at its next meeting.
5. Water Supply Update
Mr. Goodrich reported:
■ The lowest average water usage on record occurred in March. Usage was 5.3
percent less than last March and 7.9 percent less than the 10-year average. The
low usage was attributed to the economy; many houses are unoccupied.
Commissioner Henschel noted there also appears to be a lot of vacant
commercial property.
■ 253 million gallons are stored in aquifer storage and recovery (ASR) wells, a 117-
day supply. Water in ASR wells is about 12-feet below ground level.
Mr. Koellermeier reported the new reservoir has been operational since January.
Planning for the grand opening of Price Park is underway.
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7. Consider Making a Recommendation to the City of Tigard on the Residential
Credit for Leak Adjustment Policy
Mr. Koellermeier said this was the same policy the Board reviewed at its last meeting;
the Board was asked to take formal action.
Commissioner Buehner made a motion recommending the passage of the
Residential Credit for Leak Adjustment Policy to the Tigard City Council;
Commissioner Winn seconded the motion. The motion was approved by
unanimous vote of the Commissioners present, with Commissioners Buehner,
Carroll, Henschel, Scheiderich and Winn voting yes.
8. Discussion of the City of Tigard's Intent to Apply for American Recovery and
Reinvestment Act Funds
Mr. Koellermeier informed the Board that the City of Tigard had applied for two low-
interest loans through the American Recovery and Reinvestment Act of 2009. As part of
the application process, a public meeting is required to review the projects for which
funding is requested. The projects are:
■ 10-Million-Gallon Storage Tank Seismic Upgrade and Transfer Station Project
■ Aquifer Storage and Recovery (ASR3) Underground Water Injection and
Recovery Project
9. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs)
between Durham and the City of Tigard, King City and the City of Tigard, and the
Tigard Water District and the City of Tigard
This item was continued from the Board's March 11, 2009 meeting.
Page 11, Item 6.A. Indebtedness
■ Mr. Koellermeier said this section was related to the start-up of the IWB and was
outdated. He recommended this section be deleted.
Page 11, Item 6.B. Indebtedness
■ Mr. Koellermeier said this section was still applicable and should be retained.
Page 11, Item 6.C. Indebtedness
■ Mr. Koellermeier said he had consulted a financial advisor regarding this section
and confirmed that the language is outmoded. Mortgaging water system assets is
no longer standard practice. He recommended only the first sentence be
retained. New language should restrict the sale of assets used to generate
revenue.
■ Commissioner Carroll summarized that Tigard would clean-up and update the
Indebtedness section to reflect current financial practices.
■ Commissioner Carroll stated all the IWB members had agreed in principal that
Tigard is the only entity that can assume debt in the name of the IWB.
■ Mr. Koellermeier said revised language should say Tigard can assume debt
through revenue bonds as long as the debt is repaid by rates and charges to
system. Other arrangements would require the approval of the member
jurisdictions.
■ Commissioner Scheiderich said the section should also contain a statement that
debt can only be issued in the name of the City of Tigard.
Page 12, Item 7.A. Services Provided by Tigard
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■ Commissioner Scheiderich and Commissioner Henschel questioned how the
word "equally" was defined.
• Mr. Koellermeier suggested the language was intended to convey that
curtailments would be implemented identically, irrelevant of member jurisdiction.
• Commissioner Buehner confirmed all shortages would be shared across the
system equally.
Page 12, Item 7.B. Services Provided by Tigard
■ Commissioner Henschel said the Tigard Water District (TWD) agreement states,
"Tigard is under no obligation to provide such water services to areas annexed to
the District subsequent to this agreement." This language is not found in the
Durham and King City agreements. He asserted this was not equitable.
• Mr. Koellermeier said he thought this statement was related to the fact that the
potential for expansion differed among the member jurisdictions. He added the
boundary of the Tigard Water Service Area was established when the
agreements were created.
■ Commissioner Carroll said the Board had agreed in principal that expansion
would be self-paid.
■ Commissioner Buehner countered the Tigard City Council was adamant that it
retain veto power over any additions to the service area.
■ Commissioner Henschel asserted it was unfair to impose the restriction only on
the TWD.
• Commissioner Carroll and Commissioner Winn said the Board should be able to
agree on an equitable statement that applies uniformly to all member
jurisdictions.
■ Mr. Koellermeier said the boundaries of the service area were established in the
original agreement.
■ Commissioner Buehner noted, in the past, King City had expanded beyond its
original boundary.
■ Mr. Koellermeier clarified that a provision existed which automatically expanded
the service area if land was annexed into a city, but the TWD service area was
prohibited from expanding without the approval of the City of Tigard. This is an
issue of who provides urban services. He advised Tigard would not be receptive
to the TWD expanding its boundary, since the area is not within a city.
■ Commissioner Winn concurred with Mr. Koellermeier statements.
• Commissioner Henschel suggested Tigard and the TWD could benefit from
mediation or needed to find some middle ground. Otherwise Tigard or the TWD
may not sign the agreement.
The Board tabled further review of the intergovernmental agreement to its next meeting.
Note: The meeting recessed at 6:30 p.m. for Board photographs.
Note: The meeting reconvened at 6:53 p.m.
11. Non-Agenda Items:
• Commissioner Buehner reported the Tigard/Lake Oswego water partnership
Oversight Committee had its first meeting last week. Lake Oswego presented a
$1-million budget for the upcoming fiscal year. The money will be spent on
contracts with engineers and consultants, and legal fees. Only one legal issue
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has been settled with South Fork, other litigation will continue. Mr. Koellermeier
said the suit will proceed into pre-settlement under adverse conditions.
10. Informational Items:
■ Mr. Koellermeier said Board members may wish to attend the Pacific Northwest
Section American Water Works Association conference. The conference will be
in Salem on May 6, 7, and 8 and there is a session specifically for elected
officials. Mr. Koellermeier said he would provide the Board with further details as
they are available.
12. Future Agenda Items
Future agenda items were not discussed.
13. Next Meeting:
■ May 13, 2009, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
14.Adjournment
At 6:58 p.m. Commissioner Buehner motioned to adjourn the meeting; Commissioner
Winn seconded the motion. The meeting was adjourned by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Henschel, Sheiderich
and Winn voting yes.
IWB Chair Greer A. Gaston, 1WB Recorder
Date: I) t-4 LJ 2 O()9
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