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03/10/2010 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes March 10, 2010 Tigard Public Works Building 5777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Ken Henschel Representing the Tigard Water District Dick Winn Representing the City of King City Bill Scheiderich Departing Member At-Large Mike Stone Member At-Large Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Utility Division Manager John Goodrich IWB Recorder Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:33 p.m. Commissioner Henschel arrived at 5:41. Mr. Goodrich arrived at 5:45. 2. Approval of Minutes — February 17, 2010 Commissioner Buehner motioned to approve the February 17, 2010 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Scheiderich, Stone and Winn voting yes. Commissioner Henschel was absent for the vote. 3. Public Comments: None 4. Credit for Leak Adjustment Commissioner Buehner motioned to approve the credit for Lloyd Gilbertson. Commissioner Carroll seconded the motion. The credit for the water leak was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Scheiderich, Stone and Winn voting yes. Commissioner Henschel was absent for the vote. Due to Mr. Goodrich's attendance at the Lake Oswego meeting prior to the IWB meeting, and Commissioner Scheiderich's having to leave early to attend another meeting, the Board skipped to Item 8. Intergovernmental Water Board Minutes March 10,2010 1 5. Proposed City of Tigard Water CIP Fund Budget The budget is not completed. 6. Water Supply Update • Mr. Goodrich reported that water demand is currently 4.5 million gallons per day (mgd). The City of Tigard (COT) is still injecting into Aquifer Storage and Recovery (ASR) 1. This will be completed by May 1. ASR 2 has reached the goal of 160 million gallons of water. • Commissioner Carroll asked what the water storage outlook is for Bull Run Reservoir based on the recent lack of snow pack. Portland Water Bureau does not know what it is going to be like this year and wants the question asked again in August. The current snow pack is a lot less than the two previous year's snow pack. 7. Select New Vice-Chair Former Vice-Chair Commissioner Winn becomes the new Chair. Commissioner Carroll asked for nominations for the new vice-chair. Commissioner Winn nominated Commissioner Buehner. Commissioner Carroll seconded. The nomination was approved by unanimous vote of the Commissioners present, with Commissioners Carroll, Henschel, Scheiderich, Stone and Winn voting yes. Commissioner Buehner abstained. 8. Process of How to Amend/Transfer Groundwater Registration Modification • Commissioner Scheiderich stated, and Mr. Goodrich supports, that every Member should have its name on the water agreement since everyone has a stake. The ASRs are not an issue. • Mr. Koellermeier acknowledges that more work needs to be done on the groundwater issue. Groundwater rights are straight forward, associated with physical system assets. • Commissioner Henschel stated TWD's legal council had questions. Mr. Goodrich answered some of the questions at TWD's meeting. The TWD is waiting for more information from Mr. Goodrich and TWD's legal. • Commissioner Henschel wants to verify the document in front of the TWD is in conjunction with state laws and regulations. For instance, there was a memo that listed three diversion points and the state had four listed. The TWD is doing due diligence and requests this be postponed until next meeting. • The State of Oregon Water Resources Department (OWRD) gave Mr. Goodrich until March 25 to get this completed, he will ask for an extension. Mr. Goodrich is having Groundwater Solutions and TWD's attorney meet to answer any additional questions and work out any outstanding issues. The Board skipped to Item 11. 9. Informational Items a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities • Commissioner Buehner reported Jane Heisler set up a tour of the facilities. Commissioner Buehner has asked for a second tour date. • The meetings will have experts discussing technical requirements regarding what treatment options are available. Intergovernmental Water Board Minutes March 10,2010 2 • Commissioner Buehner met with the group running the outreach program to talk about what happened with the Willamette project. This will help to avoid the communication issues that occurred with the Willamette project. b. The Lake-Oswego-Tigard Water Partnership Video was shown c. Tigard Wafer District Board Voting Requirements • This item was not addressed during the meeting. d. Tigard Water District Answer to Signing Groundwater Registration Modification • This item was discussed previously under Item S. e. Update from Commissioner Winn on West Bull Mountain Technical Advisory Committee Activities Commissioner Winn reported: • It would cost Tualatin Valley Water District(TVWD) $26 million to serve Areas 63 and 64; it would cost COT $8 million. These areas could get water from the east (Tigard) or the south (King City). COT is capable and ready. The decision will be made by Washington County. • Commissioner Henschel stated that COT is not contiguous. TWD could annex the area. There are two entities contiguous, TVWD and TWD. • Commissioner Buehner stated the part in Area 63 that was not brought to the urban growth area last time is now part of the urban reserve area. • TWD is working on annexing a property an 1315`that COT asked TWD to annex. f. Commissioner Henschel Reported on the Citizen Sounding Board • This is a good grouping or citizens, a variety of expertise from different areas. Some have experience with water, some are engineers, some are just citizens, a little of everything. They are pulling out issues that concern the community, some controversial points and other things they want to mitigate. 10. Non-Agenda Items • Commissioner Henschel would like to see steps taken by COT, in order, regarding the list of items that were supposed to be completed. In 1994, COT was asked to make changes to water rights, deeds, etc. The IWB needs COT staff to commit to doing the list. COT was directed to do everything in the City limits - all these buildings, Canterbury, etc., except the ones with any issues. Mr. Goodrich's understanding is that as things developed, money would be spent to change deeds. The IWB wants COT to compile the list of items do. The list includes an inventory of all water assets and property. Mr. Goodrich said he would do a complete inventory of all properties and bring the list back to the Board. Commission Buehner will help with this item. 11. Discussion of Draft 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard—Commissioner Scheiderich • Page 9 Section 14—Execution and Effective date is still to be decided. Is the effective date when signed by Tigard or when all Parties sign? if a Party chooses not to sign, is the old agreement in effect for them and the new one for everyone else? • Page 2 Section 1A- System assets are further defined as revenues belonging to all Parties no matter where the asset is located. Commissioner Winn wants revenue rather Intergovernmental Water Board Minutes March 10,2010 3 than revenues. For example, it is not appropriate to operating revenue, maintenance, profit, contracts, etc. Tigard staff will review; the Agreement could be more specific. The term system assets, ASR wells, pumps, etc. are included in subsection (1) revenues generated from sale of the Parties domestic water supply to any person wherever located. This could include wholesale contracts to sell in an emergency to Lake Oswego, Portland, Tualatin, or Beaverton. Mr. Koellermeier will have legal review and offer proposed language for revenues and contracts. It could be modified to say net revenue from sale of property is pledged to go back into the system. • Commissioner Carroll feels the only issue hanging out is system assets that are in and out of the service area. System assets to Commissioner Carroll are anything that has to do with providing water wherever located. All the Members are pledging system assets to the Tigard Water Service Area. Items become Tigard system assets when those assets are paid off or bonds are issued. The Board will let the attorneys come up with the proper language. • Page 5 Section 7A— System assets are all assets within the Parties' service area or where located. This is still undecided. Parties own an equitable, undivided common share as calculated by meter equivalency and other calculation methods of assets that are located within the Parties' combined service area or wherever located. • Page 6 Section 7F—Percentage of annual revenue is not agreed upon. • Page 7 Section 8A- If any Party terminates or withdraws, assets shall be divided using procedures set out in Oregon Statue ORS 222.540 or as renumbered. • Page 9 Section 14---The Agreement may be executed in multiple signature pages. • Commissioner Winn wants COT and TWD to complete the review of the new IGA before the other cities. Commissioner Henschel feels the Parties are ready to send to entities to work out issues. At some point, the Board will have to agree on the remaining issues. Mr. Koellermeier feels other issues may come up besides the last two the Parties have here. COT will attach exhibits and forward to legal counsel. At 6:06, the meeting was adjourned for a short recess. Commissioner Scheiderich had to leave to attend another meeting. At 6:26, the meeting reconvened. Commissioner Henschel requested the Board go back to page one to complete what language to relay to Commissioner Scheiderich for the final IGA. Page 1 — Ignore the when date. Commissioner Stone has language ODOT puts in their contracts regarding this issue. He will send it to Mr. Koellermeier to insert. Recitals Section A- System assets as further defined herein stays — Parties agree. Page 2 Section 1A—The whole section in italics needs to be returned to Commissioner Scheiderich and Mr. Koellermeier as to what our intention is and they will work out legal. The version that comes back to the Board will have the changes. Commissioner Winn wants the words all revenues and all contracts fixed, needs clarification. Page 2 Section 1A, iii — How are all interests going to be parsed out between surface, in stream or groundwater rights? Will this affect the Willamette rights that are currently in COT's name? Water rights are a system asset if the language is not changed, then Tigard water rights on the Willamette would be considered a system asset. Mr. Goodrich stated one requirement COT had to give up was an application for water rights for 40 cfs. The language needs to be simplified or resolved. intergovernmental Water Board Minutes March 10,2010 4 Page 5 Section 7A— correct the language to "wherever located". Wherever located is the key issue. Page 7 Section F—TWD wants 3%, currently at 1%. The IWB can support 2%. Have Commissioner Scheiderich put in 2%. Page 7 Section 8A—Commissioner Scheiderich will add "or its successor statute" after ORS 222.540. The italic section, as amended, is good. Page 9 Section 14— is fine as amended. The Board returned to Item 5. 11. Future Agenda Items • The Water Rate Study will not be done next month. 12. Next Meeting: ■ April 14, 2010 at 5:30 p.m. Tigard Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon 13. Adjournment At 7:17 p.m., Commissioner Buehner motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Stone and Winn voting yes. w IWB Chair Kathy Mollusky, IWB Recorder Date: �,.n Intergovernmental Water Board Minutes March 10,2010 5