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02/27/1995 - Minutes TIGARD WATER DISTRICT BOARD MEETING February 27, 1995 MEMBERS PRESENT: Chair Froude, Commissioners Haunsperger, Mortensen, and Pedersen STAFF PRESENT: Ed Wegner, Randy Volk, and Sherrie Burbank VISITORS: None 1. Call to Order The February meeting of the Tigard Water Board was called order by Chair Froude at 7:05 p.m. 2. Visitor's Agenda No visitors attended this meeting. 3. Approval of Minutes Commissioner Haunsperger moved and Commissioner Mortensen seconded approval of the January 10, 1994 minutes as submitted. The minutes were approved unanimously. 4. Resignation Acceptance -- Appointment to Vacancy It was noted for the record that George Morgan submitted a letter of resignation to the Tigard Water Board Commissioners. The effective date of his resignation was February 1, 1995. Commissioner Pedersen also presented his letter of resignation for consideration. Chair Froude informed the commissioners that there were two people running for George Morgan's vacated seat -- Pamela Moyers and John Volpe. In addition, Commissioners Mortensen, Froude, and Haunsperger are running unopposed. Norman Penner is also running unopposed for the seat vacated by Art Pedersen. Discussion followed regarding the direction the Board should take to fill the interim vacancies to assure a quorum is available for the remaining meetings through June 1995. TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 1 Mr. Wegner advised the Board that they have the option of appointing the Commissioner-elects after the March 28 election. Although the Commissioner- elects won't officially take office until July 1, 1995, they can be appointed at the April meeting, to fill the unexpired terms of Morgan and Pedersen. As a point of clarification, it was announced that ballots will be distributed to all residents in the water district unincorporated area. After additional discussion, the Board asked Commissioner Pedersen if he would be willing to extend his resignation date an additional month to assure a quorum at the March meeting. Commissioner Pedersen was in agreement. Since elections will take place on March 28, the Board decided to change their usual meeting date to Wednesday, March 29 at 7:00 p.m. This will provide them with enough time to find out the results of the election. Commissioner Haunsperger moved to accept George Morgan's letter of resignation dated January 24, 1995. He also noted his appreciation for his service on both this Board and the MB. Commissioner Mortensen seconded the motion. The motion was passed unanimously. 5. Election Update Refer to Agenda Item #4. 6. Intergovernmental Water Board Update Chair Froude reported on her first meeting as representative to the IWB. She acquainted the Commissioners with the other members of the IWB-- Paul Hunt (City of Tigard Council Member), Bill Scheiderich (Member at large), Peggy Manning (City of Durham); Violet Yager (City of King City); and herself. Alternates include: Jan Drangsholt (King City), Commissioner Haunsperger (TWD), and Bob Rolf (Tigard City Council). She informed the Board that Mr. Scheiderich was elected Chair and she was elected Vice-Chair for the next year. She asked Mr. Wegner if he would furnish her with a copy of the IWB bylaws. As TWD alternate, Commissioner Haunsperger would also like a copy of the bylaws and would like to receive copies of the minutes. Mr. Wegner assured each of them that he would take care of this matter. She then summarized the rate analysis RFP discussion that took place at the February IWB meeting and indicated that the IWB made a motion to approve the staff's request to prepare an RFP to solicit bids from vendors to provide this services. She also noted that during the discussion phase of this agenda item TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 2 staff was asked if they could perform this analysis but the Board was informed that staff did not have the expertise at this time. In fact, one of the objectives of using outside consultants is to develop a model that staff can use conduct future rate analyses. Mr. Wegner interjected that City staff needs assistance to conduct a rate analysis of this nature because one has not be performed for several years. He further explained that a computer model will be developed by the consultant and that this model will then be used by Finance to update rates. He revealed that we are one of few districts that has not conducted a rate analysis study for the last five years. Mr. Wegner further stipulated that the intergovernmental agreement requires that the IWB approve any rate increase. The IWB will receive a draft copy of the RFP and will have the opportunity to interview any potential consultant. Staff has already contacted Hillsboro and Tualatin Valley Water to request a copy of their models to be used as outlines when preparing the RFP. Mr. Scheiderich asked staff to also contact Beaverton since they just completed this process. Chair Froude also reported that the IWB handled a "Variance of Hardship" request. She explained that the intergovernmental agreement specifies that the IWB can grant a variance for a financial hardship due to a water line break. Mr. Wegner further explained the particular circumstances surrounding this request. Chair Froude disclosed that after discussion regarding setting a precedence they voted to grant the hardship relieve noting that it was not a unanimous vote. Since the rest of the items would be presented under Agenda Item #7, Chair Froude concluded her report. 7. Director's Report a. Interim Water Plan -- Murray Smith & Associates is working with TVWD to draft and intergovernmental agreement to provide interim water for the Tigard area effective June 1, 1995. It is anticipated that the draft will be completed within the next week and submitted to IWB by their meeting on March 22, 1995. Consumption could be as high as 6 million gpd. Staff has received estimates (approximately $70,000) for the Baylor Street connection tie-in with TVWD. There is still only a verbal commitment from Lake Oswego but we are still getting water. b. Long Range Supply Plan -- Mayor Nicoli and City Administrator, Monahan have met with mayor and city administrator from Lake Oswego. Lake Oswego will be meeting in an Executive Session with their Council TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 3 tomorrow night to discuss the agreement between Tigard and Lake Oswego. If they concur with the proposal, then we will move forward. Basically the agreement will assign the water rights to a, new agency (named differently than the City of Tigard) for an estimated 42 million gpd. This is Phase 1 of the process. Phase 2 is the composition of the board (Lake Oswego wants a 3 to 2 composition; Tigard wants 2-2-1 which is similar to the composition of our other boards), operating procedures, responsibility for leading the operations, and establishing technical committees so staff can communicate directly with specific people. Tigard City Council instructed staff to proceed on applying for water rights on the Willamette near Wilsonville and the TVWD plants. The application is ready for City Council approval. Mr. Wegner forewarned the Board that Tigard will be very far down the list. The purpose for submitting the application is to make sure that Tigard gets their name on the list based on the regional issues that will be taking place over the next several years. d. Phase 2 of the Regional Water Study -- A preliminary draft of the plan should be completed by July. It is anticipated that a joint meeting will be coordinated to include IWB, Tigard City Council, TWD Board, and the public to hear the presentation. It will be IWB's responsibility to make a recommendation to approve the plan. This recommendation should be presented to the Tigard City Council in November at which time the IWB will ask for final adoption by the Council. As an overview, the plan will address issues relating to buying water regionally, subagreements, storage, etc. Mr. Wegner believes that this plan will not address some of the specific issues such as physical facilities. Once the plan is presented to the City, each participating agency will need to meet to discuss how to implement the plan. There is some uncertainty as to whether or not these deadlines can be met -- can 27 agencies get the preliminary plans in July and get full agreement by November? e. Wells -- Staff is getting quotes to test pumps #2 an #3 in order to bring them on line. However, the State has some concerns regarding the issue of critical ground water on Bull Mountain. It will also be necessary to run and conduct flow tests on well #4 by September. The City was going to try to transfer the pumping rights on well #4, but the State doesn't want the City to do this yet based on the location of the pump -- they believe it may be better to leave it there and try to find a more efficient way to pump it. Part of the problems is that the water has a large iron content which will require intensive maintenances. Staff is currently reviewing the situation. Further, the State wants the City to TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 4 review the pumping requirements before applying to move the wells to another location. If new technology is available, then the well would be okay and it would give us a better draw for the area. f. Packets of Information for Review - Letter to Commissioner Mortensen from Wayne Lowry (Finance Director) regarding the 1995/96 budget process. - Monthly Water report for January. Mr. Wegner noted that the figures have been updated to reflect the current month. - Income statement which illustrates there is still quite a bit of money. - Letter to Loreen Edin (Risk Manager) regarding TWD insurance coverage. The City's Agent of Record has completed their review and has indicated there are no areas of concern. - Letter from TVWD regarding the Willamette River study project. It was noted that there may be some problems with the Wilsonville tract in that TVWD may be looking at purchasing some farm land. It doesn't look like they will be able to work something out with the State. TVWD doesn't have a partner. Also the State doesn't want to sell the land -- they prefer to lease it. TVWD attorneys indicated that the various bonding authorities they have talked to are hesitant to lease. Chair Froude added that this particular piece of property appears to be highly controversial. Mr. Wegner also told the Commissioners that there appears to be a great deal of interest but no one has submitted a proposal to State Lands at this time. - Progress Report of the Participants Committee (Regional Water Supply Plan) dated February 21, 1995. Chair Froude asked Mr. Wegner if there was a possibility of acquiring a copy of the informational slide show that the Participants Committee has designed for educational purposes. She thought this would be helpful in providing background information to new board members (both TWD and IWB) since this is the committee that is producing the TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 5 Regional Water Supply Plan that will be discussed in July. Her concern surrounded the possibility that some of the new members done have a background of this nature so they are at a disadvantage and this might help get them up-to-speed. Mr. Wegner suggested that staff review the slide show again to see if it is applicable to the Board. His recollection was that the show consisted of slides that had to be narrated and that it was actually designed for the general public who has little knowledge of the water issues. Mr. Wegner also proposed scheduling a time to show the slides on the same night as an IWB meeting and issuing an open invitation to anyone interested in attending. Commissioner Haunsperger also reported there are other documents available for the new members to review and he remembers an informational packet regarding conducting public meetings. Some discussion ensued regarding helpful information for new members. Commissioner Pedersen suggested an organizational chart. He also stated that this information could be useful to other organizations to increase their understanding of the roles of the various boards. Chair Froude commented that she thought Mayor Nicoli wrote a good article in the Cityscape which outlined the IWB and TWD boards direction. She wondered if this information could be distributed to the public outside the City of Tigard -- perhaps through water bills. It would be a good public relations approach. Mr. Wegner told the Board that any water-related articles authored within the City is routed to King City and Durham for inclusion in their newsletters. Chair Froude expressed her opinion of including a copy of Mayor Nicoli's article in the various jurisdictions' local newspapers. Mr. Wegner implied the information might be received better by the citizens if the various city representatives rewrote and signed off on the information rather than Tigard's mayor. He will make this recommendation to the board representatives. He will also ask Mayor Nicoli if he has any objection to distributing this article as a,water bill insert so citizens will get additional exposure. , 8. Non-Agenda Items TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 6 Mr. Wegner notified the Board that they received a settlement award in the amount of $322.96 as a result of the Petroleum Products Antitrust Litigation which was filed in 1992. The City's legal department has reviewed the final court order and is in agreement with the proposed settlement. Commissioner Pedersen moved to accept the settlement for $322.96; Commissioner Haunsperger seconded the motion. Mr. Wegner advised the Board that they should probably include authorization for the Chair to sign the necessary paperwork on behalf of the TWD Board. Both Commissioners agreed to amend their motion and second to include this point. The motion was passed unanimously. 9. Commissioner's Comments Commissioner Mortenson asked for any budget ideas or concerns. She will try to have a draft prepared for the next meeting. A brief discussion regarding bonds, insurance, and capital improvements followed. Commissioner Mortenson will contact last year's budget representatives and other people who expressed an interest in assisting in the budget process. Mr. Wegner informed the Board that he has requested staff to submit their time, printing costs, etc. for the last 6 months for charge-back to TWD. Commissioner Haunsperger thanked staff for a "job well done" in keeping the Board informed. 10. Next Meeting The next meeting has been changed from 3/27/95 to 3/29/95. Chair Froude will contact the other board members by telephone prior to remind them of the meeting and to assure there is a quorum. The meeting adjourned at 8:15 p.m. TIGARD WATER DISTRICT BOARD MEETING -- February 27, 1995 Page 7