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11/10/2010 - Minutes Intergovernmental Water Board (MIB) Meeting Minutes November 10, 2010 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Ken Henschel Alternate Representing the Tigard Water District(Arrived 5:37 p.m.) Keith Jehnke Representing the City of Durham Dick Winn Representing the City of King City Mike Stone Member At-Large Members Absent: None Staff Present: Dennis Koellermeier Director of Public Works John Goodrich Utility Division Manager Renee' Ferguson IWB Recorder Visitors: None 1. Call to Order, Roll Call and Introductions Commissioner Winn called the meeting to order at 5:31 p.m. 2. Approval of Minutes —October 13, 2010 Commissioner Buehner motioned to approve the October 13, 2010 minutes. Commissioner Stone seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, ,lehnke, Stone, and Winn voting yes. 3. Public Comments: None 4. Water Supply Update Mr. Goodrich reported: • October average water demand was at 4.42 million gallons per day. • The month of November is currently at 3.9 million gallons per day. • Water demand for injection into aquifer storage recover (ASR) wells 1 and 2 started on November 8. There is approximately 17-day water supply in ASR 1, and several days supply in ASR 2. • Water revenues are up by .6 percent, when compared to the same three-month period in 2009. Mr. Goodrich distributed project photos, which are on file in the 1WB record. The 10-million-gallon pump station project is moving forward. Intergovernmental Water Board Minutes November 10,2010 1 In conjunction with the project, there will be street improvements to Bull Mountain Road and 125th Avenue. 5. Intergovernmental Agreement (IGA) Mr. Koellermeier reported on the seventh version of the IGA draft. The Tigard city attorney has reviewed the IGA; it is legally sufficient. The Tigard Council was also been briefed on it. The next step is for the iWB to discuss this version of the IGA. Note: Commissioner Henschel arrived at 5:37 p.m. Commissioner Buehner said she has worked with Tigard's city attorney on the IGA. She acknowledged there had been some concerns raised by other IWB members. Commissioner Jehnke commented on the general IGA items and the first right of refusal in Section 8E. Mr. Koellermeler said that if an IWB jurisdiction were to leave the partnership, Tigard has the first right of refusal to buy that jurisdiction's assets. Each jurisdiction has a different percentage of ownership. Commissioner Jehnke referred to Section 10. Mr. Koellermeier mentioned that the major issue is the relationship between Tigard and Tigard Water District and the possible expansion area of the Tigard Water District's boundaries. Commissioner Henschel noted that there have been four different documents discussed: the original agreement, five pages of suggestions and input, the sixth draft and the seventh draft. The Tigard Water District is not happy with the seventh draft and questioned if it is set in stone, or if there was room for discussion. Mr. Koellermeier said the agreement was not set in stone. He added the Tigard City Council had discussed the agreement and had two major issues of concern: • The proposed IGA commits Tigard to be the perpetual water provider for the IWB jurisdictions. Although the agreement outlines a way for King City, Durham and the Tigard Water District to leave the IWB partnership, there is no mechanism that enables Tigard to extricate itself from the partnership/agreement should it wish to do so. • The other concern is that Tigard's City Council was adamant with regard to its expansion policies and dealing with areas 63 and 64 in the IGA. Commissioner Henschel said that the group has worked hard over the last two years to make the agreement about water delivery and not about annexation. Commissioner Winn said he was generally satisfied with draft seven of the IGA and believed he had noted that in the email that was sent out previously. He went on to say that Commissioner Buehner, Commissioner Jehnke, and Commissioner Stone were also generally satisfied with the IGA. Commissioner Henschel agreed and said the Tigard Water District wants to see an amended agreement that makes sense for all the parties. Everyone had entered into this discussion two years ago seeking change and improvement. He asked for Commissioner Buehner's thoughts. Intergovernmental water Board Minutes November 10,2010 2 Commissioner Buehner said she was generally satisfied with the IGA and was a representive of the council. There had been a short Council discussion about the IGA. Commissioner Stone commented that there seemed to be two different issues: 1. The area of interest and the facilities during the period of the bond. 2. Once the bond is paid off, what would happen with ownership interest. With regard to system assets, Commissioner Stone questioned whether the Tigard City Council's position would change once the bond is paid off. Commissioner Buehner said that under the Lake Oswego-Tigard agreement, no other entities, other than Lake Oswego and Tigard, are allowed to have a legal ownership interest in any of the assets. Mr. Koellermeier said Lake Oswego only wanted to deal with Tigard and not the individual bodies that comprise the IWB. In response to a question from Commissioner Winn, Commissioner Stone described how ownership rights are addressed in Wilsonville. Commissioner Stone said the Tualatin Valley Water District (TVWD) owned a portion of the property and capacity. TVWD does not have ownership in the treatment plant, but has equity in some of the oversized system components. Ownership interest in these components is based on capacity. Commissioner Stone said he thought the IGA as fair and well written. Commissioner Henschel noted Section 1A, that outlined the definition of a system asset, has disappeared from draft six. Mr. Koellermeier asked the Board how it would like to proceed. He suggested the Commissioners go back to their respective jurisdictions and add comments to the current draft. Commissioners Winn and Stone commented they would prefer to leave the seventh version in place with the provision that the Tigard ownership portion of the Tigard/Lake Oswego project be designated as a system asset after the bonds are paid off. Mr. Koellermeier will send the seventh version of the IGA, in Word format, to the Board members. 6. IWB Representatives' Terms which expire in December 2010 Mr. Koellermeier stated Commissioners Buehner and Winn's terms will expire in December. The City of Tigard will be sending letters to the City Managers of Tigard and King City asking them to appoint representatives to the next term. 7. Informational Items a. Commissioner Buehner reported the recommendation for capital projects was reviewed at the monthly Oversight Committee. The recommendations will be considered by the Lake Oswego and Tigard City Councils in December. b. Commissioner Winn reported on the West Bull Mountain Technical Advisory Committee. The concept plan is being reviewed by the County Commissioners. Intergovernmental water Board Minutes November 90,2090 3 Commissioner Buehner said the plan went in front of the Washington County Planning Commission last week. Mr. Goodrich will be organizing a tour of the 10-million-gallon pump station for the Board and will see if any of the Council members would be interested as well. 8. Non-Agenda Items The Board did not discuss any non-agenda items. 9. Future Agenda Items Future agenda items were not discussed. 10. Next Meeting: • December 8, 2010 at 5:30 p.m. Public Works Building, 8777 SW Burnham St, Tigard, Oregon 11. Adjournment At 6:50 p.m., Commissioner Stone motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone, and Winn voting yes. 1�L i LC �_ r V c, �CA___J Dick Winn, IW Chai Renee Ferguson, IWB k*order Date: 1� Date: Intergovernmental Water Board Minutes November 10,2010 4