09/04/2007 - Minutes TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Special Meeting Minutes
Tuesday,September 4,2007
Tigard Water Building—Lobby Conference Room
8777 SW Burnham Street,Tigard,Oregon 97223
Members Present: Julie Russell,Bert Cornick,Ken Henschel,Kinton Fowler,
and Charles Radley
Members Absent None
Staff Present: Water Quality&Supply Supervisor John Goodrich
TWD Recorder Joy Koss
Visitors: Richard Burke,Patti Fowler,Barbara Sherman and
Eileen Eakins (joined the meeting by speakerphone for items 2,3,4 and 5)
1. Call to Order,Roll Call and Introductions
The Tigard Water District(TWD)meeting was called to order by Chair Radley at 7:05 p.m. All Board
members were present Chair Radley introduced the President of the Tualatin Valley Water District
Richard Burke and contacted attorney Eileen Eakins by speakerphone.
2. Review and Approve Contracting Rules for Personal and General Services—Eileen Eakins
Chair Radley stated the'1WD Board has been operating under the City of Tigard's financial contracting
rules that will expire on September 30,2007,and the Board needs their own set of rules in place by that
date. According to Chair Radley,Board members had received copies of a cover letter and two
documents prepared by attorney Eileen Eakins. These documents are on file in the TWD record.
Attorney Eakins explained to the Board that the first page is a draft resolution adopting public
contracting rules and procedures for Tigard Water District Under the"NOW,THEREFORE"
section,item one indicates adoption of the Oregon Attorney General's Model Public Contracting Rules
as they now exist or are later modified,except as otherwise provided. The otherwise provided portions
are in Exhibit A which contains rules that are specific to Tigard Water District and are either modified
from the model rules or create rules where none exist in the model rules for local government.
Attorney Fakins addressed the Board's concern about having a rule for personal services contracts.
Under the Attorney General's Model Rule,there is no rule that applies specifically to special districts.
Attorney F.akins proposed a definition and proposed a way of awarding those contracts. Further
discussion continued between Board members and attorney Eakins on this topic. Attorney Eakins
stated that once the rules are adopted,they can be amended by resolution as well.
Commissioner Russell motioned to accept draft Resolution No.07-03 adopting public contracting rules
and procedures effective immediately upon adoption;Commissioner Henschel seconded the motion.
The motion was at ,�� 1 by unanimous vote,with Commissioners Russell,Cornick,H nschel,Fowler
and Radley voting yes. Board Chair Radley and Secretary Cornick signed Resolution No.07-03.
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3. Discuss Vendor Solicitation Process for Administration Services
After contacting the Special Districts Association of Oregon,Commissioner Russell reported that there
were several options regarding the vendor solicitation process for administration services. One
suggestion was to contact other special districts,such as River Grove,and sign an IGA with them,or
contract services for meeting notices,bookkeeping and minutes.
Commissioner Henschel reported he was waiting for a return call from a gentleman who lives within the
TWD and who is currently manager of the Raleigh Water District
Visitor Richard Burke reported Tualatin Valley Water District(TVWD)provides management services
for other districts (West Slope and Sherwood),and announced he was in the middle of a career shift and
expressed interest in supporting the TWD,if there is an opportunity.
Mr.Burke and the Board discussed a variety of subjects: future growth and water supply planning,the
future water supply needs of Areas 63 and 64,future water supply planning for the TVWD,and the
various supply options being considered.
Chair Radley discussed the Scope of Services List with commissioners.
Note: The Board deferred discussion on item 3 and proceeded on to item 4.
4. Consider Opening TWD Bank Account
Commissioner Fowler will reschedule a time to meet with City of Tigard's Financial Operations Manager
Roger Dawes to transfer funds before September 30,2007.
The Board discussed various issues in regard to opening a bank account and consulted with attorney
Eakins about any requirement to name a specific bank in the resolution.
Commissioner Fowler motioned to adopt Resolution No. 07-04 to open a bank account in the name of
Tigard Water District;Commissioner Russell seconded the motion. The motion was approved by
unanimous vote,with Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes. Board
Chair Radley and Secretary Cornick signed Resolution No.07-04.
Board members agreed to use U.S.Bank. Commissioner Fowler will check into what U.S.Bank
requirements are for opening an account. Staff will provide copies of the July 2,2007,and
July 30,2007,meeting minutes to Chair Radley and Commissioner Fowler.
5. Discuss Selection of Registered Agent and Registered Office for TWD
Commissioner Cornick indicated attorney Clark Balfour would be happy to have his office act as
registered agent. Chair Radley asked attorney Eakins if she would be interested in being a registered
agent and she acknowledged her interest to be the registered agent for TWD. The Board discussed fees
for this service with attorney Eakins. An annual fee of$150 was mentioned,but no fee decision was
reached. Commissioner Russell made a motion to designate Eileen Eakins as the registered agent for
1 WD and office for the Tigard Water District effective immediately;Commissioner Fowler seconded
the motion. The motion was approved by unanimous vote,with Commissioners Russell, Cornick,
Henschel,Fowler and Radley voting yes.
Note: The Board recessed the Special Meeting to convene an Executive Session.
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8. Recess Special Meeting and Convene Executive Session
Executive Session-Real Property Transactions,Exempt Public Records and
Consultation with Legal Counsel on Pending Litigation
Commissioner Radley recessed the special meeting and announced the Board was going into executive
session under ORS 192.660(2) (e), (f)and(h). The executive session was convened at 8:04 p.m.
Staff did not participate.
The Board concluded executive session at 9:04 p.m.
11. Reconvene Special Meeting and Consider Matters from Executive Session,if any
Commissioner Radley reconvened the Special Meeting at 9:07 p.m. Commissioner Fowler made a
motion to authorize Commissioners Henschel and Russell to join attorney Eileen Eakins at a meeting
with the Special Districts Association;Commissioner Cornick seconded the motion. The motion was
approved by unanimous vote,with Commissioners Russell,Cornick,Henschel,Fowler and Radley
voting yes.
Note: The Board decided to discuss item 6.
6. Review and Approve Summary Addition to June 25,2007,Meeting Minutes
Commissioner Russell provided documentation to amend the June 25,2007,meeting minutes.
Commissioner Cornick made a motion to approve the June 25,2007,minutes of the Tigard Water
District with the summary addition provided by Commissioner Russell;Commissioner Henschel
seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,
Cornick,Henschel,Fowler and Radley voting yes.
7. Consider Commissioner Travel Expenses
Commissioner Russell presented documentation for 80 miles at 48.5 cents per mile for$38.80 for
training at Special Districts of Oregon in Salem on August 6,2007. Commissioner Fowler made a
motion to approve this claim for expenses;Commissioner Comick seconded the motion. The motion
was approved with Commissioners Comick,Henschel,Fowler and Radley voting yes. Commissioner
Russell abstained.
Chair Radley submitted a claim for cassette tapes for$22. Commissioner Comick made a motion to
approve Commissioner Radley's bill for reimbursement for the purchase of tapes used to record
executive sessions;Commissioner Fowler seconded the motion. Vice Chair Comick took a vote. The
motion was approved with Commissioners Russell,Cornick,Henschel,and Fowler voting yes.
Commissioner Radley abstained.
8. Non-agenda Items,if any
Mr. Goodrich asked the Board for clarification as to which attorney(Eakins or Balfour) should act as the
point of contact for correspondence from City staff. He summarized his understanding was that all of
the correspondence having to do with the separation of services should be directed to attorney Balfour
and all litigation matters should be directed to attorney Eakins. The Board concurred.
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The Board discussed use of the post office box for the bank account. Mr. Goodrich assumed that the
post office box would be turned over to the Board,but indicated he would check into that matter.
Mr.Goodrich reported that he provided the TWD,via Commissioner Fowler,a copy of the general
ledger covering fiscal years 2004/2005 through 2007/2008. All records before that time have been
destroyed as per state law. Retention is three years. Mr. Goodrich also provided Commissioner Fowler
with the"Review in Lieu of Audit"that was recently completed. Mr. Goodrich said he would assist in
arranging a follow-up meeting should Commissioner Fowler have questions after reviewing these
documents. Upon request of the TWD,city staff estimates eight hours of labor to pull the intermixed
files and collate for TWD records.
Note: The Board returned to agenda item 3.
3. Discuss Vendor Solicitation Process for Administration Services-Continued
Chair Radley shared that two people being considered for administrative services have dropped out for
reasons of time. Board members continued discussions about meeting support,requirements for
recording meeting minutes,and establishing a website. Commissioner Russell suggested posting notices
in The Oregonian,Tigard Times,Washington County Weekly and Oregon Live indicating TWD is
looking for service providers.
Chair Radley indicated Richard Burke is interested in being considered for the manager position.
Commissioner Russell commented that a manager is not needed unless the Board is going to take over
total operations of the TWD. Chair Radley expressed interest in a manager position to alleviate the load
he is currently carrying. The Board discussed how those duties might be distributed among the other
Board members in lieu of hiring a manager.
Commissioner Russell agreed to write up a notice for clerical,administrative and bookkeeping services
and call River Grove. Commissioner Henschel agreed to follow-up with the Raleigh Water District
manager.
Mr. Goodrich addressed inquiries from Board members about room reservations,building access,
speakerphone,public address system,City of Tigard website services and records. Mr. Goodrich said he
would follow-up on the status of records and website issues. The Commissioners continued discussing
various topics pertaining to the Scope of Services List.
Mr. Goodrich reminded Commissioners of the upcoming information session scheduled for
September 13,2007,at 7:30 a.m.of ASR and High Tor facilities.
1L Adjournment
Commissioner Russell made a motion to adjourn;Commissioner Henschel seconded the motion. The
motion was approved by unanimous vote,with Commissioners Radley,Russell,Comick,Henschel and
Fowler voting yes. Chair Radley adjourned the meeting at 9:51 p.m.
Joy Koss Recorder
Date: 9'—.2'7-- 7
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