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09/24/2007 - Minutes TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Meeting Minutes Monday,September 24,2007 Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard,Oregon 97223 Members Present Julie Russell,Bert Cornick,Ken Henschel,and Charles Radley Members Absent Kirton Fowler Staff Present Water Quality&Supply Supervisor John Goodrich TWD Recorder Joy Koss Visitors: Richard Burke (Tualatin Valley Water District) and Barbara Sherman (Tigard Times) 1. Call to Order,Roll Call and Introductions The Tigard Water District(TWD)meeting was called to order by Chair Radley at 7:04 p.m. Note: To allow Commissioner Henschel time tofini h reviewing the minutes,the Boanipmmceeded on to item 3. 3. Public Comments Visitor Richard Burke reported Tualatin Valley Water District(TVWD)will decide in December between Haag Lake and the 40 foot dam raise over the Willamette River as a future water source. The presumptive option is Haag Lake. He reported that a number of citizens expressed their concern about the Willamette River option. The Board discussed the West Bull Mountain Planning Group and that there are two different groups: the Technical Advisory Group(service providers)and Stakeholders Group (property owners and interested citizens). Mr.Burke guessed TVWD would be in the Stakeholders Group,because it would be unlikely to provide water to those areas. Note: The Board returned to item 2. 2. Approval of Minutes: August 27'h Regular Meeting and September 4th Special Meeting Commissioner Russell made a motion to approve both sets of minutes as written;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent Note: The Board proceeded to item 4. 4. IWB Update Commissioner Russell reported highlights of the September 12,2007,IWB meeting as follows: • Developer credit for leak request—Staff suggested that credit not be granted and the IWB Board denied request by unanimous vote. later in the meeting the developer appeared. The IWB Chair suggested to the developer to return next month,make a presentation,and the IWB Board would revisit that decision. • Discussion on the use of reclaimed water in downtown Tigard and policy and incentives for storm water diversion—Clean Water Services representative Mark Jockers • Discussion of additional Tenancy in Common Agreements for properties within the Tigard Tigard Water District 1 September 24,2007 Draft Water Service Area—Chair Scheiderich requested staff to define which of those properties were in the unincorporated area and which were actually located in Tigard,and timing of annexations on those properties. • Commissioner Russell requested the IWB to delay any decisions for Tenancy in Commons on any other properties until after the current lawsuit is settled—The IWB Board agreed to table action for now. • Update on water supply options Chair Radley indicated there was one other IWB issue that is public,but not related to litigation,that pertains to denial of a request for an audio recording of the executive session for the April 11,2007,IWB meeting. The 1WD Board is going to appeal that decision using due process to the District Attorney of Washington County. Chair Radley made a motion that the TWD Board submit a Petition Requesting Review of Denial of Public Records Request under ORS 192.460 with reference to the audio recording of the executive session of the April 11,2007,IWB meeting,with Commissioner Russell to prepare a cover letter and make submission to the District Attorney of Washington County. Commissioner Henschel seconded the motion. Chair Radley added that it begs the question of what authority does the IWB actually have. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley and Commissioner Russell signed the Petition. 5. Appoint Representative to West Bull Mountain Stakeholders Group After some discussion on this topic,Commissioner Henschel made a motion to appoint Commissioner Russell to represent the TWD on the Technical Advisors Group of Washington County's Concept Planning for UGB areas 63 and 64;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes; Commissioner Fowler was absent Note: The Board advanced to items 9 through 14. 9. Consider Commissioner Travel Expenses and Per Diem Commissioner Fowler had provided Chair Radley with a copy of an expense report and the other Board members received a copy of the report by e-mail. Chair Radley noticed Commissioner Fowler had used an incorrect mileage number on the expense report and had e-mailed a correction to fellow Commissioners. Commissioner Cornick made a motion to approve the revised expense report from Commissioner Fowler with the mileage rate changed to$48.5;Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent 10. Discuss Status of Bylaws and Possible Revisions Chair Radley stated he had a discussion with attorney Eakins about bylaws and she mentioned there is no requirement that TWD have bylaws. There are a lot of small districts that do not have any bylaws. Chair Radley,Commissioners and Mr.Goodrich discussed the following topics: • Certain documents included in the binder that was provided to new Board members and whether amendments or motions had been passed years ago to vary procedure to be different than the bylaws • District records being transferred to IWD • Past requests for copies of records (all minutes of all meetings from 1990 through 2004). Mr.Goodrich indicated he would get some clarification as to what date the boxes of records the TWD will be receiving and,if there is anything specific the Board requires at this time,he would submit the request and follow through with it Commissioner Russell thought it would be helpful to have minutes Tigard Water Dirtrict 2 September 24,2007 Draft prior to signing of the IGA,so this Board could understand the intent of that document. No action was taken and the Board decided to table this agenda topic for now. 11. Discuss Strategic Vision for District and Public Opinion Survey The Board decided to table discussion on this agenda topic. 12. Discuss Cost and Benefit of a District Web Site Commissioner Cornick stated he has a contact that could set up a web site for$350-$450 and post for approximately$6 a month. Commissioners discussed the potential of a web site similar to Raleigh Water District(RWD). Commissioner Russell suggested that Commissioner Cornick look at RWD's web site and make comment Commissioner Cornick made a motion that the TWD Board members agree they want a web site and pursue the costs and layout. Chair Radley expressed concern as to what line item would web site costs appear on the budget. Commissioner Russell thought the Board could review the budget and discuss it at the next meeting when they have the proposals for the costs of the web site. Chair Radley seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent 13. Non-agenda Items,if any Commissioner Henschel had concerns about the revenues of TWD and auditing. The Board discussed these issues. Commissioner Henschel thought the TWD Board should officially talk to an accountant to get that issue resolved. Since this has come up before,Chair Radley indicated he had discussed this with counsel. The Board decided to get attorney Eakins opinion in writing. Because there is a lot of confusion as to who is Tigard Water District,Commissioner Henschel proposed the Board consider a name change. The Board planned to check with attorney Eakins about ramifications and costs. Commissioner Russell thought it could be a fun thing to"name the district"and Chair Radley agreed it could be an opportunity for public outreach. Chair Radley informed TWD Board members that he has the key to the mail box and that he has checked mail a couple times a week,the bank account is open,and checkbooks just arrived in the mail. Board members agreed the transaction of funds could wait until Commissioner Fowler returns. Chair Radley indicated TWD has received two bills from Eileen Eakins Law Firm and the balance due at this time is$7,763.64. Board members continued discussing budget matters and the process to reallocate funds in contingency. Mr. Goodrich gave Chair Radley the 2006-2007 annual report from Clean Water Services received by the City of Tigard by maiL Also,Mr. Goodrich provided Board members with copies of a memorandum he had sent to Chair Radley,along with reference materials,regarding the right-of-way for the Burnham Street project. Mr.Goodrich discussed a small triangle of property that was probably severed when Burnham Street went through. That tax lot is identified as Tigard Water District,which means it is under the IWB,and each partner owns a small percentage of this property. It is deemed an"other asset." Mr.Goodrich referred to the letter from ROWA indicating the Burnham Street project will reduce the size of that property by 12 feet Mr.Goodrich wanted to notify the'1WD Board first,then the IWB of plans to donate the entire property as right-of-way for that project The property has no real value, commercial or otherwise. Mr. Goodrich indicated his reason for bringing this topic to the TWD Board now is to give the Board plenty of time to discuss it. The Board continued discussing the value and title description for this property. No action was taken by the Board. 14. Set Next Meeting Date—October 22,2007,at 7:00 p.m. Tigard Water Building Auditorium,8777 SW Burnham Street,Tigard,Oregon Chair Radley asked Mr.Goodrich who is going to be organizing the October meeting. Mr.Goodrich Tigard Water District 3 September 24,2007 Draft responded his assumption is,until he is told otherwise,he will be here on October 22,2007. Note: The board returned to item 7. 7. Recess Regular Meeting and Convene Executive Session Executive Session -Real Property Transactions,Exempt Public Records and Consultation with Legal Counsel on Pending Litigation Chair Radley recessed the regular meeting at 8:30 p.m.and announced the TWD Board was going into executive session. The executive session convened at 8:35 p.m. Staff did not participate. The TWD Board concluded executive session at 10:17 p.m. 8. Reconvene Regular Meeting and Consider Matters From Executive Session,if any The regular meeting reconvened at 10:22 p.m. Note: Chair Radley announced that attorney Eakins was in attendance via telephone. Chair Radley stated the first issue is keep the City of Tigard as the TWD Board's primary defendant Chair Radley made a motion to authorize attorney Eakins to drop the three defendants from TWD law suit(former Commissioners Rhine,Froude and Zeider) and to take necessary steps to arrange for that action;Commissioner Henschel seconded the motion. Chair Radley made the following statement "The current Board believes that three former Board members proceeded improperly at the June 25,2007,TWD meeting. However,it is in the best interest of our district's members and citizens to streamline this case and,thus,reduce our district's cost of litigation." The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley announced the TWD Board will not be making further use of the services of attorney Clark Balfour and the Board will utilize the services of Eileen Eakins Law Firm for all legal matters,and will handoff any outstanding matters from Clark Balfour to attorney Eakins. Chair Radley made a motion to appoint Eileen Eakins to act as sole legal counsel for the Tigard Water District until further notice; Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent Note: The Board returned to item 6. 6. Staff Support—Transition Plan and Administrative Services The Board decided to table discussion on this agenda topic. 15. Adjournment Commissioner Henschel made a motion to adjourn;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent Chair Radley adjourned the meeting at 10:30 p.m. Joy Koss,TWD Recorder Date: Tigard Water District 4 September 24,2007 Draft