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01/23/1995 - Minutes TIGARD WATER BOARD MEETING January / 1995 2.3 MEMBERS PRESENT: Chair Froude, Commissioners Morgan, Mortensen, Haunsperger, and Pedersen STAFF PRESENT: Ed Wegner, Randy Volk, and Sherrie Burbank VISITORS PRESENT: Jack Polans, Norman and Carolyn Penner, and Carol Calloway 1. Roll Call The meeting of the Tigard Water Board was called to order by Chairperson Froude at 7:00 p.m. with all Board members present. 2. Approval of Minutes A motion was made by Commissioner Morgan and seconded by Commissioner Haunsperger seconded to approve the December 12, 1994 minutes. The motion was approved by a unanimous vote. 3. Visitor Agenda Jack Polans spoke to the Commissioners in regards to a memorandum from Finance Director Wayne Lowry regarding a water rate analysis. This particular item is to be placed on the January 24, 1995 Council agenda. Mr. Polans wanted to make sure the Commissioners were aware of this agenda item. Apparently he questioned the expense and indicated that he had spoken to City Administrator Bill Monahan regarding this issue who informed Mr. Polans when he asked whether this was a matter that would go before IWB that Mr. Monahan would have a better idea of how the City would proceed after the January 24 Council meeting. Mr. Polans also stated that Councilor Hunt is now involved with this matter because Bob Santee expressed a concern to Councilor Hunt that this was a very expensive cost ($50,000) and one which he felt was not necessary. Councilor Hunt agreed to review the matter. Mr. Polans felt is was important to raise this issue to the TWD Board for their review. Chairperson Froude asked Commissioner Morgan if he was going to cover this issue in his report. Commission Morgan indicated that although he knew a memo TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 1 was being developed regarding hiring an expert to conduct a water analysis, he had not seen a copy of the memo until tonight. Mr. Wegner indicated that he would be covering this matter in his report. 4. Intergovernmental Water Board Update Commissioner Morgan summarized the January 11 , 1994 IWB meeting. Upon Chairperson Froude's request, Commissioner Morgan explained the overall role of the IWB for the benefit of new visitors. Commissioner Morgan then proceeded with this IWB report. He indicated that the board received staff reports covering reviewing the long term water supply contract. He also stated that each member agency must approve or have the opportunity to approve the long term water supply contract and the capital improvement plan to assure distribution of water without service interruption to customers. It will take a 3/4 vote of member agencies to approve any of these matters. The major criteria for a "No" vote would be based on an engineering data analysis. A "short term" interim plan has not been designed at this time. Management of this plan might be within the responsibility of the City of Tigard unless this results in implications of the long term water plan. It was also noted that the City of Tigard basically determines the IWB agenda as chief purveyor of water representing 70+% of the customers. IWB's primary role has been to review engineering studies, identify possible alternatives, and select the best alternative from those identified. Commissioner Morgan also reported that there are ongoing meetings taking place with Lake Oswego, but there appears to be some reluctance from Lake Oswego to relinquish any water rights. It is IWB's understanding that there will be subsequent meetings to clarify the concerns. Interest has been expressed by Tualatin Valley Water District to acquire water rights on the Willamette River. They have also expressed an interest in a sub-regional plan. Principle parties might include: Tualatin, City of Tigard, Tigard Water Service District, City of Wilsonville, and possibly Sherwood. There will be further discussion regarding this matter at upcoming IWB meetings. It is apparent there is a need to discuss effective program development should Lake Oswego decide to not enter into a contract with Tigard. There is nothing conclusive at this time; just that it would be explored. There was a status report on the interim supply involving an inter-connection between the Tigard Water Service area and Tualatin so TWS can receive 4-5 Mg of water per day. Several connection point options were reviewed and more TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 2 definitive'information will be discussed at an upcoming meeting. The price would be about 10-15% above what Tualatin currently pays Portland. The rate seems to be reasonable and is comparable to the rate we pay with Lake Oswego. The contract with Lake Oswego expired 12/31/94 so the existing terms and conditions would be extended as they continue to work out new conditions. IWB recognized the need to identify costs of the capital improvement plan. As stated previously, once these costs are identified and reviewed, a 3/4 majority of the participating agencies is required for approval. This will assure the quality of water service throughout the participating areas. Commissioner Morgan stated that the capital improvement plan is extremely important -- financing and the method of financing will have a direct impact on future water uses. He talked about budget development and indicated that it will be finalized during the next few months at which time it will be reviewed by IWB and subsequently submitted to the City of Tigard. There was also some discussion regarding representation to IWB due to the recent elections. Commissioner Morgan stated he was uncertain who would be representing the City of Tigard and that King City also has a new representative. He again emphasized that issues still facing IWB is interim supply, long term supply, capital improvement plan plus any other issues members of the board feel are appropriate to review or handle. Commissioner Morgan informed the TWD Board that he does not plan to run for re-election to the TWD Board. He also noted that since he is the current representative to the IWB, that someone new will need to be selected to represent TWD on this board. Chairperson Froude informed the other commissioners that under Agenda Item #8, they will discuss appointing a new IWB representative. 5. Election Update Commissioner Froude asked which other TWD board members were planning to seek re-election -- Pedersen - No; Mortensen - Yes; Froude - Yes; Haunsperger - Yes; and Morgan - No. Chairperson Froude indicated she was aware there were some other people interested in running for vacant board seats. A brief discussion followed about the election requirements. TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 3 6. Interim Water Supply Mr. Wegner indicated the City has not received a written extension from Lake Oswego yet although they continue to provide water and discussions between the two city administrators have resulted in a 90 day interim contract which can be extended every 90 days until the long term contract is implemented. In developing an interim plan with Tualatin Valley Water District, the City has authorized their consultant to do a model to make sure we have the proper flows for Baylor Street, Cascade and Greenburg, and Shady Lane. This model is to be completed by next Friday. The consultant is Bob Fuller from CH2M; he completed the water plan for Metzger. Discussion regarding rate raises followed. Mr. Wegner stated that we will get the surplus that Portland is not using through Tualatin Valley and that the rate will be similar to what we are paying to Lake Oswego now. • Chairperson Froude expressed a concern that Tualatin Valley might raise their price to cover their increased costs. However, Mr. Wegner assured the commissioners that an agreement is in draft stages which will cover the terms over a 10 year period (with a 120 cancellation clause) specifically designed to allow the City to get out of the contract upon development of their long term water plan. Mr. Wegner also indicated that he doesn't believe Lake Oswego will guarantee an daily amount water while Tualatin Valley is trying very hard to provide this guarantee. Mr. Wegner also informed the board members that he composed a memo to all entities regarding the capital improvement plan. This memo basically puts into writing the everything that Commissioner Morgan mentioned earlier. This plan needs to be adopted by IWB so we know where we are going to be buying water and for how long. Currently, we haven't been doing any CIP projects because we have been waiting for the adoption of this agreement. Mr. Wegner indicated that the interim water supply plan would be in place for 1 to 5 years because it is believed it will take that long to get a water production plant on board. 7. Director's Report Former Mayor Schwartz and Bill Monahan (City Administrator) met with the Mayor and City Administrator from Lake Oswego on 12/23/94 to discuss the draft contract documents. One area of concern identified is the water rights and ownership of the water system. The City of Tigard wants an equal share. Both mayors were TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 4 hoping to agree on a contract by 12/31/94. Unfortunately, this did not occur. Discussions are still in progress. Then next step is for Mr. Monahan and Mr. Wegner to compose a list of issues and concerns (i.e., ownership, guarantee of water, water rights, etc.) and provide a signal that the City wants to be partners. The City Council will be discussing this list at tomorrow night's. Two things could happen as a result of this discussion -- Council could ask staff to continue to work on this project or the two City Councils may meet to discussion the matter and determine how to proceed. Apparently Lake Oswego is willing to make a commitment but they want to assure their residents are covered first. Tigard continues to hold out for an equal partnership. Staff realizes they might need to seek further direction from IWB if this option is not possible. Discussion regarding other possibilities followed. In fact, Mr. Wegner stated that the City is researching the creation of a third party (water production entity) that would produce water. The City is also pursuing the Willamette River water rights with a coalition. However, a coalition of this type may not be viable for another 2 years. It appears that Tualatin Valley Water District and Tigard Water Service/City of Tigard would be the big players in this coalition. City Council has advised staff to continue to explore the Willamette River. Staff will be reporting back to Council next week and to IWB on February 15th. Commissioner Morgan asked if there was any interest to the west in terms of agencies such as Beaverton and Hillsboro. Mr. Wegner said that Beaverton might be interested but they may not have the funds to explore this option now. It is also possible that some otheragencies might be interested if someone else was willing to take the first step. Mr. Wegner let TWD Commissioners know that Randy Volk and Mike Miller were conducting some hydraulic pumping tests while the tanks are being cleaned to see if we have the capacity to take on more water. Mr. Wegner also informed the Commissioners that Violet Yaeger will be the IWB representative for King City. He also clarified that the Intergovernmental Agreement stipulates that a representative must be an elected official; this does not necessarily mean the mayor. The Tigard City Council will decide on their representative a week from Tuesday when they make their other committee appointments. Mr. Wegner asked if Commissioner Mortensen was going to prepare the TWD budget this year. If so, Finance Director Lowry is ready to start anytime she is. This can wait until after the election if you prefer. Commissioner Haunsperger moved and Commissioner Morgan seconded the motion for Commissioner Mortensen to act as budget chairperson. The motion passed unanimously. TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 5 Mr. Wegner took a few minutes to share the goals and objectives of the Water Division with the TWD Board. Mr. Wegner discussed the objective of the Financial Consultant RFP -- the service area needs to a financial plan to determine the direction for the next 5 to 10 years in regards to the cost of service, rate structure, etc. He also noted that it had been years since a professional rate study was completed. He stated that now is an appropriate time if we are going to enter into a long term, expensive water plan -- we are going to have to determine the rate charges to customers. A consultant will look at the books, history, and future direction. Mr. Wegner informed the IWB at their 1/11 meeting that he and Mr. Lowry would be seeking Council's permission to prepare an RFP to solicit proposals. Once the proposals have been received, they would ask IWB to interview representatives of the firms that would be considered for hiring. A recommendation would then go to City Council. As part of RFP, firms would be requested to meet with IWB, the Tigard City Council twice, and the other three entities once. Discussion followed regarding the logistics for notifying citizens of a public hearing and the process dates. Mr. Wegner explained the process and stated he hoped the process would be completed by the end of the fiscal year which would coincide with the budget. Mr. Wegner informed the Board that their insurance premium is due and that he will be processing as previously agreed. Mr. Polans raised questions regarding the financial consultant contract and wondered if it will stay under $50,000 and the contract dates. Mr. Wegner explained the RFP process. The Commissioners also recognized that there must be proposal before the actual costs are known. More explanation followed to attempt to help Mr. Polans understand the process. Commissioner Morgan asked Mr. Wegner if the 71% generated revenue identified on the first 6 months budget report was high. Mr. Wegner informed the Board that this was reflective of the increase in meter sales especially in the unincorporated areas. In fact, this figure exceeds the last year's projections by about 120%. 8. Non-Agenda Items Chairperson Froude said the Board needed to appoint a new person to IWB. Commissioner Haunsperger moved and Commissioner Mortensen seconded that Chairperson Froude be appointed to represent TWD on the IWB. The motion passed unanimously. TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 6 • Discussion ensued regarding an early election with the resignation of Commissioner Morgan. Mr. Wegner informed the Commissioners that it will be necessary to maintain a forum and that they could decide to fill the unexpired term before the election. This person would have to run for election in March to fill the seat in July 1. As long as there is a quorum to do business then one person can resign and a replacement would not have to be appointed. Discussed this issue further to assure everyone understood the options and consequences. Commissioner Morgan stated he would like to resign effective 2/1/95 if this was agreeable with the other board members. Commissioner Pedersen is intending to resign effective 3/1/95 if this does not create hardships for the board. Commissioner Haunsperger commended both Commissioner Morgan and Commissioner Pedersen for their commitment to TWD and also commended Commissioner Morgan for his representation on IWB. 9. Commissioner's Comments No further comments. 10. Next Meeting February 27, 1995 The meeting adjourned at 9:16 p.m. sb\twdl95 TIGARD WATER DISTRICT BOARD MEETING -- JANUARY 23, 1995 PAGE 7