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10/25/1999 Minutes ' e d TIGARD WATER DISTRICT BOARD OF COMMISSIONERS MEETING October 25, 1999 Members Present: George Rhine, David Strauss, Beverly Froude, Gretchen Buehner Staff Present: Mike Miller, Twila Willson Visitors Present: Jack Polans 1. Call to Order The regular meeting of the Tigard Water District Board of Commissioners was called to order at 7:03 p.m. Commissioner Rhine acted as chair in the absence of Commissioner Penner. 2. Roll Call and Introductions Roll call was taken. Commissioner Norm Penner, not present, was excused for being out of town on a business trip. Commissioner Gretchen Buehner not present during roll call, arrived late at 7:06 p.m. Introduction of visitors: Mr. Jack Polans requested a copy of by-laws of the Board and also wanted to know if the City of Tigard Council Members could dissolve legally the TWD Board if so desired. Discussion followed as to where the by-laws could be located for viewing as public record. Mr. Miller stated the meeting minutes are in the Public Works Building. Commissioner Froude stated the records of the by-laws as well as the minutes of meetings could be located in the Tigard Library and are available for public viewing there. Commissioner Buehner stated they have been there for fifty years. Mr. Mike Miller proceeded to explain that the TWD Board of Commissioners is a separate governmental body representing the unincorporated area and the City of Tigard has no jurisdiction over the TWD Board and cannot dissolve the Water District. The TWD would have to dissolve themselves. Commissioner Strauss stated that they (the Commissioners) are elected by the voters and it would be the voters only that could do away with the District. Commissioner Froude stated that King City and Durham were all part of the intergovernmental agreement and asked Mr. Polans if he had gone to those cities and asked this same question. He responded that they do not agree with his ideas and he stays away from them. Commissioner Froude emphatically stated that the same rules apply to King City and Durham as apply to the Tigard Water District Board. They ate a legally constituted entity, all hooked together as an Intergovernmental Water Board. The answer is "NO", they cannot be dissolved by the City of Tigard. TWD Meeting Minutes - 1 - October 25, 1999 3. Approval of Minutes Commissioner Strauss expressed thanks to the new secretary for the quality and promptness of the minutes and moved for their acceptance; Commissioner Froude seconded the motion that the minutes of the September 27th meeting be approved as submitted. The approval of minutes was voted on and passed unanimously by the four members present. 4. Visitor's Comments Introductions and Visitor's Comments were covered at the same time. Commissioner Rhine asked if Mr. Polans had anything else to add, which he did not. 5. Disclosure and Waiver of Potential Conflict TWD had been notified that their attorney will not be present tonight, so they decided to carry over the Disclosure and Waiver of Potential Conflict at this time. 6. intergovernmental Water Board Update Commissioner Buehner stated that the Intergovernmental Water Board meeting was cancelled with about an hour notice (on her answering machine) and no reason stating why it was being canceled was given. Mr. Miller mentioned that he did know that King City, Durham and Tigard were the ones that requested the meeting be canceled. Commissioner Buehner requested that he speak with Ed Wegner about the incident and let him know of her displeasure in how inappropriately it was handled. 7. Utility Manager's Report Mr. Miller brought up that TWD had agreed to meet at 6:30 instead of 7:00 p.m. Commissioner Buehner indicated that it was difficult for her to meet at that time. Debate followed about the time change. It was decided to continue meetings at 7:00 p.m. Water usage for the month of October is up because of the unusually dry conditions. We are above average from 1998 by 1.57 million gallons per day. Commissioner Buehner requested information on the status of the water rate study process. Mr. Miller indicated that he had been on vacation for two weeks and was not quite up to date. He is managing the rate study project and did meet with Eric Rothstein the end of September and they were to give us a'data request letter, which arrived in October. Before leaving on vacation he did make arrangements with Utility Billing to gather the requested data. They are in the TWD Meeting Minutes -2- October 25, 1999 process gathering information. Utility Billing/Finance may not be able to pull it together in a timely fashion as they are in the process of going from the old utility billing system to a new one and will have to get some of the historical information out of the old system. He is trying to schedule time to meet with Eric on Wednesday afternoon to go over some of the data requests. CH2M Hill has revamped the model to allow us to adjust rates every year if we desire. Commissioner Buehner requested information on how the increased usage has impacted our reserves. Mr. Miller assured her that we still have flexibility. He purchases 62% of his water from the City of Portland, which is the minimum. Wells 1, 2, and 3 are on line currently producing 1.3 million gallons a day. We recharge our 10-million gallon reservoir with the water from Portland. This is done about once every one and one half weeks and will be about every two weeks now that the rains have started. We buy about 1.3 million per day from Tualatin Valley also and will get the difference needed from them. Commissioner Buehner questioned whether it would be useful to write to their constituency to make them aware of possible price increases. Mr. Miller thinks this may be premature right now. Unsure at this point what the increases will be. He hopes to have preliminary data by the end of November or first of December. Money is in the TWD budget for a newsletter and this would be good information to include in that in late winter (January/February). Commissioner Rhine suggested this be added as an agenda item for next month's meeting to examine the preliminary findings. Suggestion was accepted. Commissioner Rhine inquired as to when the peak buying period is? Mr. Miller explained that it is depends on the weather; the pricing mechanism for us is based on the five-year average for buying (history) and how you have performed the prior summer (buying pattern). We have kept within the 10% rule Portland established placing our peaking factor at 1, which is the best you could do. This will allow our price to come down, however their overall rate has gone up from 66st in 1998 to 8n in July 2000. Commissioner Buehner expressed concern with the new customers coming in within the next few months (approximately 300 users) and the impact on our rates. Mr. Miller indicated that those customers have been calculated as far as growth to accommodate that. 8. Non-Agenda Items Commissioner Rhine introduced a copy of the letter that was received from the insurance agent. Commissioner Buehner moved to approve the letter with.the. stated changes to the policy; Commissioner Strauss seconded the motion. All present voted AYE. TWD Meeting Minutes -3- October 25, 1999 Commissioner Rhine distributed a copy of an article from the Tigard Times that Commissioner Penner wanted them to be aware of. Commissioner Strauss brought up the matter about how our meetings are posted in the newspapers. It appears that sometimes it is announced and sometimes not. Who is responsible for these postings, the newspaper or us? We suffer from a lack of constituent visitors. Mr. Miller indicated it was listed in the Oregonian today. Commissioner Buehner requested it also be listed in the Regal Courier located in King City City Hall building and requires about 5 weeks advance notice. Suggest better notifications through newspapers. Commissioner Strauss referred back to Item #5 and wanted to know if they could ratify it without Commissioner Penner so they could proceed. The decision was made, however, to wait for Commissioner Penner's input. The Board voted to go into Executive Session under provisions of ORS 192.660 (1) (h) to discuss current and pending litigation issues at 7:30 p.m. The regular meeting of the Tigard Water District Board of Commissioners was called back to order at 7:50 p.m. 9. Adjournment Commissioner Strauss made a motion that our next meeting be scheduled earlier in the month on November 15, 1999 at 7:00 p.m. Commissioner Froude seconded the motion. All present unanimously voted AYE. Mr. Miller will check on the room availability. The regular meeting of the Tigard Water District Board of Commissioners adjourned at 7:52 p.m. TWD Meeting Minutes -4- October 25, 1999 TIGARD WATER DISTRICT 8777 S.W. BURNHAM ST. P.O. BOX 230000 TIGARD,OREGON 97223-9917 PHONE(503)639-1554 November 15, 1999 Mr. J.A. Drew Bolliger Bolliger& Sons Inc., Insurance PO Box 14130 Portland, OR 97293-0130 Re: Tigard Water District Insurance Coverage Dear Drew: Thank you for meeting with the Tigard Water District Board on 9/27/99. Following are the changes the District Board would like you to make on our insurance coverage for the 1999 policy. These changes are to also be carried forward for the 2000 policy as your place our business for 1/1/00. Property Coverage (01/01/99-12/31/99): Delete all property coverage Highway Permit Bond (08/22/98-08/22/01): Cancel the bond Faithful Performance Bond (07/01/99-07/01/00): Cancel the bond General Liability Coverage (01/01/99-12/31/99) We understand the following coverage will remain for TWD Liability $500,000 coverage with $0 deductible—including D&O coverage X Business Auto $500,000 coverage with $0 deductible Umbrella (Excess Liability) $2,000,000 with $0 deductible Please forward proof of cancellation and checks for the premium adjustment to Ms. Loreen Mills, City of Tigard Risk Manager, 13125 SW Hall Blvd., Tigard, OR 97223. Thank you again for your ongoing assistance as the District's Insurance Agent of Record. Sincerely, Norman Penner TWD Board Chair c: Loreen Mills, Tigard Risk Manager