10/22/2007 - Minutes TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Meeting Minutes
Monday,October 22,2007
Tigard Water Building Auditorium
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 Public Works Assistant Director Brian Rager and
TWD Recorder Joy Koss
Visitors: George Mead,Eileen Eakins,Aaron O'Donnell,Phil Decker and
Barbara Sherman (Tigard Times)
1. Call to Order,Roll Call and Introductions
The Tigard Water District(TWD)meeting was called to order by Char Radley at 7:00 p.m. Visitors
Attorney Eileen Rakins and Attorney George Mead were introduced by Chair Radley.
2. Approval of the Minutes: September 24th Regular Meeting
Commissioner Henschel made a motion to approve the minutes as written;Commissioner Cornick
seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,
Cornick,Henschel and Radley voting yes;Commissioner Fowler abstained since he was absent from
that meeting.
3. Public Comments
Citizen Phil Decker of 14540 SW 148th,Portland,OR 97220 commented that the TWD Board has filed
litigation against the City of Tigard and asked what costs in attorney fees the Board has incurred to date
for that litigation. Attorney Eakins estimated the costs to be between$7,000 and$8,000,pending a bill
out the week of October 29,2007. Secondly,Mr.Decker expressed his concern about candidacy
information for special district nomination and a possible conflict of interest pertaining to Commissioner
HenscheL Attorney Rakins recommended to Mr.Decker that he submit written comments to the TWD
Board in order for his concerns to be addressed by the Board at a future meeting. Note: The Board
advanced to item 13.
13. Election of New Officers
Chair Radley announced his resignation as Chair on the Tigard Water District Board. Commissioner
Cornick motioned to accept Charles Radley's resignation as Chair on the Tigard Water District Board;
Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with
C..,... .. oners Russell,Comick,Henschel and Fowler voting yes;Commissioner Radley abstained.
Commissioner Russell made a motion for Commissioner Henschel to act as Chair;Commissioner
Fowler seconded the motion. The motion was approved by unanimous vote,with Comriiihsioners
Russell,Cornick,Fowler and Radley voting yes;Commissioner Henschel abstained. Note: The Board
advancer to item 15.
Tigard Water District 1 October 22 2007
15. Discuss Cost and Benefit of a District Web Site
Chair Henschel introduced Raleigh Water District(RWD)Commissioner Aaron O'Donnell.
Commissioner O'Donnell designed the RWD web site and has offered to assist'1 WD in establishing
a web site at a nominal cost of$100. He described RWD's web site as a third party web site
containing basic information about the district and board members,history,and meeting
agendas/minutes. 1WD has already purchased domain names;the next step would be to purchase
hosting. Discussions continued on this topic. Commissioner Russell made a motion to hire Aaron
O'Donnell to create a web site similar to Raleigh Water District;Commissioner Fowler seconded the
motion. Commissioner Fowler raised the issue of a possible name change and Commissioner
O'Donnell indicated it was easy to change domain names and update the web site. The motion was
approved by unanimous vote,with Commissioners Russell,Cormick,Henschel,Fowler and Radley
voting yes. Note: The Board returned to item 9.
9. Staff Support—Transition Plan and Administrative Services
Attorney Eakins stated she had received a letter from City of Tigard Attorney Tan Ramis asking for one
point of contact for requests being made to the City of Tigard and for all formal requests from the T WD
Board be made by resolution to the City of Tigard. Attorney Eakins prepared a resolution authori7:ing
the financial accounting and transfer of District funds from the City of Tigard to the District Board
members and Attorney Eakins continued with discussions about the transition,administrative services
and the resolution. Commissioner Fowler made a motion to accept Resolution No.07-05 as amended;
Commissioner Cormick seconded the motion. The motion was by unanimous vote,with
Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes. Note: The Board advanced to
item 10.
10. Recess Regular Meeting and Convene Executive Session
Executive Session-Real Property Transactions,Exempt Public Records and
Consultation with Legal Counsel on Pending Litigation
Chair Henschel announced the TWD Board was going into executive session and recessed the regular
meeting at 7:38 p.m. Staff did not participate.
11. Reconvene Regular Meeting and Consider Matters From Executive Session,if any
The regular meeting reconvened at 9:19 p.m. One action the TWD Board considered from executive
session was to consider a professional services agreement with Attorney George Mead. Commissioner
Fowler made a motion to approve the professional service agreement with Mead Smith as presented;
Russell seconded the motion. The motion was wt, �„ ;3 by unanimous vote,with
Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. Note: The Board returned to
item 4.
4. IWB Update
Commissioner Russell recapped highlights of the Int.:,ep.,,,....mental Water Board(IWB)meeting held
on October 10,2007,as follows:
• Approved developer credit for leak refund of$1,000
• Brian Rager presented some additional Tenancy in Common Agreements for properties within the
Tigard Water Service Area
• Discussed Burnham Street improvements and disposition of that property as a donation
• Update on water supply options
• Next IWB meeting will be held on November 14,2007
• Informational memo from Dennis Koellermeier to IWB regarding signage for the Water Building
Tigard Water District 2 October 22,2007
5. Treasurer's Report
Commissioner Fowler reported the U.S.Bank account currently has a balance of$5. He received a copy
of the final executed budget from Financial Operations Manager Roger Dawes,along with other
information Commissioner Fowler had requested. Chair Henschel asked Commissioner Fowler to find
out how much money is in the TWD City of Tigard account and what,if any,claims are against that
money. At that point a discussion took place between Brian Rager and Board members about the
process for handling informational requests from TWD. Chair Henschel asked Mr.Rager to fax a copy
of Resolution 07-05 to Attorney Ramis and to a confirmation by e-mail back to him.
6. Process to Revise Budget
Commissioner Radley added this agenda topic as an item to prompt the Board to review and possibly
amend the'1 WD budget before fiscal year end. Board members had a brief discussion and decided to
table topic for now.
7. Consider New Commissioner Travel Expenses and C.,wr;.ration,if any
No claims were presented. Chair Henschel stated he had reserved a couple of web site domain names
for aipwAimately$30,but will submit those charges along with some others at the next meeting.
8. Storage of District Records
The Board discussed a proposal received from Washington County to store 1W1)records and other
possible sources. Board members continued discussing this topic. Chair Henschel stated he would
prefer utilizing a government entity for storage of 1'WD records and asked Commissioner Fowler to
analyze the various services and determine records storage laws for the next meeting. Chair Henschel
said he would ask Attorney Eakins to contact City of Tigard Attorney Ramis regarding the availability
date for receiving TWD records.
9. Staff Support—Transition Plan and Administrative Services(continued)
Commissioner Radley began to discuss transition of services,but Chair Henschel indicated
Commissioner Russell could talk with Attorney Eakins if there were any specific things that need to be
done and decided to table further discussion on this topic. Note: The Boatel aatimced to item 12.
12. Discuss Status of Bylaws and Possible Revisions
Commissioner Radley recalled that the Board wanted to have Attorney Eakins look at the bylaws and
give her opinion. He then commented that TWD now has a copy of all the minutes since 1990 through
2004. Chair Henschel decided to table further discussion until Commissioner Russell has reviewed these
minutes for any changes that modified the bylaws before the next meeting. Notes The Board aduanad to
item 14.
14. Discuss Strategic Vision for District and Public Opinion Survey
Commissioner Radley thought the MI)Board should begin to think long term about when the IGA
comes to an end and what the Board wants to happen beyond that. He mentioned using a polling
service to assist in formulating some questions and to do a telephone survey to find out if there is any
public opinion on future direction of the District. This agenda item was intended to stimulate some
discussions on the part of the Board. Chair Henschel said he would like to look into a long-term
conservation Y"'��"-for the people in their District and asked Mr.Rager if the City of Tigard would be
opposed to further conservation efforts launched in the District. Mr.Rager indicated the current
conservation program covers the entire Water Service Area right now and indicated the City of Tigard
Water Quality Program Coordinator Jennifer Joe could attend the next TWD meeting to provide an
of current program. Note: The Board advanced to item 16.
Tigard Water Distnct 3 October 22,2007
16. Non-agenda Items,if any
The board reviewed mail received and discussed what actions,if any,should be taken. Commissioner
Radley commented on the problems he has incurred at the post office. Chair Henschel will check the
post office box on a regular basis now and Commissioner Fowler was designated as alternate.
17. Set Next Meeting Date—November 26,2007,at 7:00 p.m.
Tigard Water Building Auditorium,8777 Burnham Street,Tigard,Oregon
The Board confirmed the next meeting date will be November 26,2007. Because the next IWB meeting
is prior to the next TWD meeting,Commissioner Russell asked direction from the Board on the
Burnham Street property which the City of Tigard is asking the Water District to donate to them and on
pursuing the Tenancy in Common Agreements for public properties within the Tigard Service Area.
Chair Henschel stated if a vote is about to be taken,the position of the 1WD Board is for Commissioner
Russell to disseminate to IWB members the letter drafted by Attorney Fakins. Note: The Board returned to
item 16.
16. Non-agenda Items,if any(continued)
The Board discussed the Burnham Street triangle and,if Commissioner Russell is asked to vote at the
next IWB meeting,the following motion would be put into effect Commissioner Russell made a
motion to not donate Assessor ID: 2S1 02AD,Tax Lot 03450;Commissioner Fowler seconded the
motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel,
Fowler and Radley voting yes.
18. Adjournment
Chair Henschel adjourned the meeting at 9:59 p.m.
Joy Koss,TWD Recorder
Date: ,r1Gx,- e4..a2✓ P,
Tigard Water District 4 October22,2007