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11/26/2007 - Minutes TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Meeting Minutes Monday,November 26,2007 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 Water Quality&Supply Supervisor John Goodrich, Water Quality Conservation Program Coordinator Jennifer Joe and TWD Recorder Joy Koss Visitors: Phil Decker,Patti Fowler,Dennis Goode,Lisa Hamilton-Treick,Joanne Rice,Barbara Sherman(Tigard Times)and Linda Schroeder L Call to Order,Roll Call and Introductions The Tigard Water District(FWD)meeting was called to order by Chair Henschel at 7:01 p.m. Note: Chair Henschel announced the TIED Boani could not be going into executive session and he revised Item 12 to read, `Appoint Budget Officer." 2. Approval of the Minutes: October 22,2007,Regular Meeting Commissioner Russell 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,Fowler and Radley voting yes. 3. Public Comments Prior to hearing Public Comments,Chair Henschel referenced the Attorney General's Public Records and Meetings Manual dated December 2005 regarding authority of the Chair and rules of conduct necessary for the efficient and orderly conduct of a meeting. Citizen Lisa Hamilton Treick of 13565 SW Beef Bend Road,unincorporated area of Bull Mountain, referred to the King City Urban Service Agreement that calls for joint management of Beef Bend Road which ends at 137t. She did not know how the agreement relates to water. She hopes it is not tied to any future annexation attempt,nor incorporated into a document that the LLi ,.....ental Water Board(IWB)must sign and support,or choose to sign and support Citizen Phil Decker of 14540 SW 148th,unincorporated area of Bull Mountain,asked if the bills incurred by the Tigard Water District are being paid by the City of Tigard. Both Chair Henschel and Commissioner Fowler concurred that the City of Tigard is performing the bill payment process. Mr.Decker then asked if the District is its third amended complaint in its litigation against the City of Tigard. (lair Henschel responded he was not at liberty to discuss pending litigation. Mr.Decker proceeded by asking how much has the District paid in attorneys'fees since July 2007. As stated in the minutes of the TWD meeting held October 22,2007,counsel estimated $7,000-48,000, and Chair Henschel said there have been no new payments since that time. Tigard Water Diana 1 November 26,2007 Draft 4. IWB Update(Note: November IWB Meeting postponed until November 28th) IWB representative Commissioner Russell notified IWD Board members of the following agenda topics scheduled for discussion at the upcoming IWB meeting: Topic 5,Discussion of Additional Tenang in Common Agnements forPivperties within the Tigard Water Service Area: After reading past minutes of the District,Commissioner Russell's understanding is the LA.:....60.;.i..mental Agreement(IGA) froze the assets to what they were when that agreement was signed. As far as changing ownership,she hasn't been able to get through all the records. She asked for the opinions of the other IWD Board members about having IWB members delay that discussion until current litigation is settled. Chair Henschel summarized the 1WD Board's position and said a month ago the City of Tigard indicated there was nothing urgent regarding a decision on these properties. Commissioner Russell will convey that information to the IWB members. Topic 6,Discuss Disposition of Proper*for Burnham Street Improvements: Commissioner Russell commented there is proposed action for a motion to donate a portion of the triangular piece of piipciiy to the City of Tigard for right-of-way. Chair Henschel stated the Burnham Street property is deeded to the 1 WD and the IWB has no authority that he knows of to sign a deed of a property,as they are not an official government agency. Topic 7,Representation on the Washington County Technical Advisory Committee—Appointment ofDennuKoellermeier to the TechnicalAdusoiy Committee: Commissioner Russell stated Washington County plans to ask for an IWB commissioner,not an employee of the City of Tigard,to be appointed to the Technical Advisory Committee. Chair Henschel added that the County was voting on whether or not to accept Dennis Koellermeier,Public Works Director for the City of Tigard,as the representative of the IWB,to the Technical Advisory Committee of the Urban Growth Boundary Expansionary 63-64 Team. Commissioner Russell indicated one of the things being questioned was that she,representing the TWD, be=moved and replaced by Dennis Koellermeier to represent the IWB. Topic 8,Consider Making a Recommendation to the Tigard City Council ReganlingApprorxrl of the Tualatin Basin Water Supply Partnership Memorandum ofAgmement Commissioner Russell's concern with this topic is the IWB making a recommendation to the Tigard City Council without it first being discussed at the TWD. Chair Henschel asked John Goodrich if there was urgency on this issue that it could not wait a month to give the TWD Board an opportunity to review it Mr.Goodrich thought Russell could state that when she attends the IWB meeting on November 284'. 5. Treasurer's Report(Commissioner Fowler) Fowler indicated the TWD account has$5 in it and he is still waiting for transfer of funds from the City of Tigard. Chair Henschel indicated the City of Tigard was presented with a document specifying that TWD would like those funds no later than November 8,2007,and no response has been received. Board members continued with discussion about the transfer of funds with Mr.Goodrich. Commissioner Fowler motioned to authorize legal counsel to proceed with legal action to compel the City of Tigard to deliver the funds belonging to the TWD. Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. 6. Consider New Commissioner Travel Expenses and Compensation,if any Chair Henschel presented a list of expenses he has incurred totaling$105.19. Commissioner Russell motioned to approve the expenses submitted by Chair Henschel;Commissioner Fowler seconded the motion. The motion was ' ..,y d by unanimous vote,with Commissioners Russell,Cornick,Fowler and Radley voting yes;Commissioner Henschel abstained. No expenditure payment by City of Tigard was requested by the Board. Tigard Water District 2 November 26,2007 Draft 7. Water Conservation Initiatives (Jennifer Joe—City of Tigard) Water Quality Conservation Program Coordinator,Jennifer Joe,provided the 1'Wll Board with a handout entitled,"City of Tigard Water Conservation Program." Ms.Joe explained the conservation plan currently has ten parts;the most predominant part being Youth Education. The other parts are the: Reimbursement program,Press Release and Articles,Water Bill Inserts and Brochures, Conservation Kits (indoor/outdoor),Local Community Events,Conservation Displays,Water Conservation Web Pages,Regional Conservation Partnership and"One Inch per Week"Watering Schedule. Chair Henschel commented this looked like a great program. He suggested using Scouts, who are always looking for community service projects,to help get conservation and rebate messages out 8. King City Urban Service Agreement(Joanne Rice—Washington County) Principal Planner Joanne Rice from Washington County Land Use and Transportation provided a historical background of the King City Urban Service Agreement for the TWD Board. The actual agreement had been sent out in June 2007 for signatures,but work began in 2005. In March 2006 a joint public meeting was held with all the service providers in the King City area. The agreement was sent out to all of the Faa;..4.ting jurisdictions prior to the June meeting in order to get final comments from all of the jurisdictions. The agreement is based on the other urban service agreements the County has been working on with the different service providers in the Urban Service Agreement since 1995. The agreement has been signed by all the other jurisdictions;the last jurisdiction left to sign is the TWD. Basically,the agreement sets the long-term urban service boundary for King City between Tigard and Tualatin and who the service providers are. There is no provision for annexation. Ms.Rice addressed questions asked by TWD Board members and provided current copies of the: King City Urban Service Agreement,Addendum to King City Urban Service Agreement and a summary page of the King City Urban Service Agreement Chair Henschel asked IWD Board members to thoroughly review these documents and to e-mail him if there are further questions. He will route compiled questions to Ms.Rice and add this topic to the agenda for the December meeting. Chair Henschel also stated he will have legal counsel for the TWD review these documents. In response to additional questions from Board members,Ms.Rice responded these are long-term agreements with no expiration date and there are provisions for amendment processes. Ms.Rice confirmed that the TWD signed the Tigard Urban Services Agreement Chair Henschel asked if Ms.Rice could provide him with a copy of that document 9. UGB Expansion Area 63/64 Water Provider Process(Joanne Rice—Washington County) Chair Henschel the TWD Board has not been kept in the loop on this topic and he asked Ms.Rice to provide the Board with information on this process. Ms.Rice said the charge that the Board of County Commissioners has given is to separate planning for Area 63/64 from other issues. The planning that has been initiated with the Technical Advisory Com:.• .;t&.and Stakeholders Work Group will determine how these areas should develop. Parallel to that,but as a separate process,the County is doing background research to determine who should be the long-term water and parks providers. That data will feed back into planning to determine cost estimates. The purpose of the Stakeholders Work Group and the Technical Advisory Committee is not work out who is going to get a park or the water providers,but to work with the consultants in the,County in terms of looking at physically how these areas should develop. Tigard Water Dirtrict 3 November 26,2007 Draft Ms.Rice indicated the three basic questions asked,in her letter addressed to Chair Henschel dated November 20,2007,were to identify who are the potential water providers. She is doing the same thing for parks. Chair Henschel indicated he wanted time to review her letter and address questions with Board members. Ms.Rice asked if the Board could answer question No. 1: Is the Tigard Water District interested in providing water service to Areas 63 and 64? The Board's response was"yes". Commissioner Radley initiated discussions on both questions No.2 and No.3. Reference was made to a 2000 Water Hydraulic Study and Ms.Rice asked Mr.Goodrich for a copy of that document. Within three weeks,Chair Henschel said the Board would provide Ms.Rice with answers to the three questions. 10. Recess Regular Meeting and Convene Executive Session Chair Henschel announced the TWD Board would not be going into executive session. 11. R:.,,,.1y Regular Meeting and Consider Matters From Executive Session,if any Not applicable. 12. Appoint Budget Officer Since the nvp Board will be involved in the budget process next spring,Chair Henschel said the Board needs to appoint a budget officer per state law. Commissioner Russell nominated Commissioner Fowler as Budget Officer;Commissioner Comick seconded the nomination. The nomination was approved by unanimous vote,with Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. 13. Storage of District Records Commissioner Fowler handed out a costs comparison sheet for storage of district records to Board members. 14. Staff Support—Transition Plan and Administrative Services Chair Henschel asked Mr.Goodrich to provide him with information on rates for renting the Water Auditorium and asked how rental revenues are handled. Mr.Goodrich's understanding is the money goes into the Water fund. Chair Henschel said he would send Mr.Goodrich an e-mail asking specific questions. Commissioner Russell made a motion to: 1)Decline the City of Tigard's November 8,2007 "proposal for services"while the Tigard Water District's right to bring a cause of action for breach of the 1994 IGA,and 2)Proceed with performing administrative services independently. Commissioner Fowler seconded the motion. Chair Henschel indicated he supports this motion with the understanding that the City of Tigard would continue with the minutes of the November 26,2007,meeting to conclusion. The Board would vote on these minutes at the next meeting. After that,Chair Henschel indicated the Board would take over the agenda process,public notice,taking of minutes and various other staff support functions. The Board continued discussing charges for various services. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. 15. Discuss District Name Chair Henschel provided background information about the District's name and opened discussion on this topic Commissioner Fowler suggested"Bull Mountain Water District". The Board discussed process issues and a desire to receive public input. Commissioner Comick thought there should be more discussion about a name change and suggested putting this topic on the next agenda. Commissioner Radley thought it was a shame to lose the name because the district was formed before the City of Tigard. Chair Henschel decided to table this topic until the next meeting. Tigard Water District 4 November26,2007 Draft 16. Discuss Status of Bylaws and Possible Revisions Board members discussed this topic briefly,but decided to table it until the next meeting. 17. Non-agenda Items,if any Chair Henschel indicated he had forwarded a copy of the minutes from the TWD Special Meeting held on November 21,2007,to fellow Board members. Commissioner Russell motioned to accept the minutes as written for the Tigard Water District Special Meeting held on Wednesday,November 21, 2007;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. 18. Set Next Meeting Date— Tigard Water Building Aud'. ,8777 Burnham Street,Tigard,Oregon Chair Henschel stated he will research facilities available and notify Board members of available dates for a December 2007 meeting. Mr.Goodrich provided Commissioner Fowler with a document detailing charges from the City of Tigard from July 2007 through October 2007. Mr.Goodrich will also send Chair Henschel an electronic copy of this document. 19. Adjournment Chair Henschel adjourned the meeting at 9:09 p.m. Joy Koss,TWD Recorder Date: Tigard Water Dirtrict 5 November 26,2007 Draft