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09/24/2007 - Packet TIGARD WATER DISTRICT BOARD OF COMMISSIONERS MEETING Serving the Unincorporated Area Monday September 24, 2007 7:00 PM Tigard Water District c Auditorium 8777 SW Burnham Road Tigard, Oregon TIGARD WATER DISTRICT BOARD of COMMISSIONERS Senring the UnincotporatedArra Tigard Water Building Auditorium 8777 SW Burnham Street, Tigard, Oregon AGENDA Monday,September 24,2007,7:00 p.m. 1. Call to Order 2. Approval of Minutes: August 27th Regular Meeting and September 4th Special Meeting 3. Public Comments 4. IWB Update 5. Appoint Representative to West Bull Mountain Stakeholders Group 6. Staff Support—Transition Plan and Administrative Services 7. Recess Regular Meeting and Convene Executive Session 8. Reconvene Regular Meeting and Consider Matters From Executive Session,if any 9. Consider Commissioner Travel Expenses and Per Diem 10. Discuss Status of Bylaws and Possible Revisions 11. Discuss Strategic Vision for District and Public Opinion Survey 12. Discuss Cost and Benefit of a District Web Site 13. Non-agenda Items,if any 14. Set Next Meeting Date—October 22,2007,at 7:00 p.m., Tigard Water Building Auditorium,8777 SW Burnham Street,Tigard,Oregon 15. Adjournment Executive Session: The Tigard WaterDimict Board may go into E,ceartive Session under the provisions of ORS 192.660(2)(e),.0&(h) to duaw realproperiy transactions,information or records that am exempt 0!awfmmpubic inspection,and current and pending litigation..If an Extortive Session is called to order,the apipropriate ORS citation will be announced identifying the applicable statute.All discussions within this session are confidential;therefore nothing from this session may be disclosed by those present.Representatives of tbt news media are allowed to attend this Session,as provided by ORS 192.660(4),but must not disclose any information discussed No Executive Session may be held for the purpose of taking anyfinal action or making any final decision.Executive Sessions are closed to the public. Questions? Contact the City of Tigard at 503.639.4171 �- II I •II1 JYI 1111111 •,•11M_ 1Iy J _..M= 1 1 TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard, Oregon Monday,August 27,2007 7:00 p.m. Members Present: Julie Russell,Bert Cornick, Ken Henschel,Kinton Fowler, and Charles Radley Members Absent: None Staff Present: John Goodrich and Twila Willson Visitors: Barbara Sherman (Tigard Times) TWD Attorneys Clark Balfour and Eileen Eakins attended portions of the meeting via telephone. 1. Call to Order,Roll Call and Introductions The regular meeting of the Tigard Water District (TWD)was called to order by Commissioner Charles Radley at 7:01 pm. Staff called roll and all Board members were present. Mr.Balfour (legal counsel to the Board)was in attendance via telephone and requested the agenda be restructured in order to hold the Executive Session earlier in the meeting. Chair Radley stated the message received from Mr. Balfour dealt with the staff support transition plan and the City of Tigard decision to not provide use of the Water Building for the TWD to store records or set up office space. Chair Radley instructed staff to telephone Mr. Balfour to discuss other options. Mr. Balfour recommended amending the agenda to hold executive session at that time. A motion was made by Commissioner Henschel to amend the agenda to start the executive session early;Commissioner Russell seconded that motion.The motion was passed by unanimous vote,with Commissioners Cormick,Fowler,Henschel,Radley and Russell voting yes. Chair Radley motioned that the Tigard Water District Board would go into Executive Session under the provisions of ORS 192.660 (2) (f) & (h) to discuss information or records that are exempt from disclosure and current or pending litigation; Commissioner Russell seconded the motion.The motion was approved by unanimous vote,with Commissioners Russell,Cormick, Henschel,Fowler and Radley voting yes. The regular meeting recessed at 7:11 p.m. and Executive Session was convened. At 7:59 p.m. the regular meeting of the TWD was again called to order following the Executive Session. Mr.Balfour was no longer on the telephone,however,Ms. Eakins (the Board's other legal counsel)was on the telephone upon reconvening the regular meeting. Further changes to the agenda were addressed in Item 9 while legal counsel was on the telephone. Tigard Water District 1 August 27,2007 DRAFT 9. Staff Support—Transition Plan Chair Radley reviewed with Ms.Eakins that Mr.Balfour had been negotiating with the City of Tigard attorney about the staff support transition plan. The City of Tigard will discontinue their administrative services for the TWD on September 30,2007. Chair Radley said the TWD wanted to make sure they followed the proper contracting rules and laws;he reviewed briefly past history of support with the TWD and the type of service the TWD would require. Ms. Eakins recommended the TWD adopt new public contracting rules according to the attorney general model rules and guidelines with some individualized modifications to selected items through a resolution. She recommended drafting a definition of the services needed and then deciding how to award personal services contracts for the services. She asked the Board to consider whether they wanted to contract all the services out or hire employees to handle some of those services. Discussion among Board members followed which included some of the suggested services they would require and the contracting process: • Contracting services would avoid liability risks involved with employees • Financial services • Administrative services • Bookkeeping services are cheaper than accounting services • Bid/quotes are not exempt from disclosure,but are public record upon opening of the bids • Secretarial services • Accounting services • Contracting process of receiving bids for services Chair Radley said he has already received bids or emails from five different candidates for the services, however only one bidder said they could do all the requested services. Ms. Eakins recommended preparation and adoption of a resolution for public contracting rules. The next step would be to enter into the bidding process and make the selection for contracted services. The information already received could be considered,but she advised the Board against taking any action toward a contract for services until the proper steps have been followed;this would avoid a potential challenge for entering into contract without authority. Ms. Eakins said she could prepare the required documents within a week. The Board discussed holding a special meeting the next week to adopt the rules and kick off the bidding process for the scope of services. The special meeting was tentatively scheduled for Tuesday,September 4; Mr. Goodrich would check on room availability. Chair Radley wanted to be able to award the contract at the next regularly scheduled TWD meeting on September 24,2007. The timeframe discussed would allow 20 days for vendors to respond with their bids before the bid opening. Chair Radley will provide the attorney with a list of ten items outlining the required scope of services to be included in the document,including attorney services. The Board ended the telephone conversation with Ms. Eakins and returned to Item 2 on the agenda. 2. Approval of Minutes: June 25,July 30,August 14 Special Meeting, and August 20 Special Meeting Comments of the various meeting minute dates are as follows: Tigard Water District 2 August 27,2007 DRAFT Tune 25.2007 meeting-discussion comments: The Board discussed several issues with the minutes and suggested additional detail be added. Commissioner Russell volunteered to provide a more detailed summary of the minutes and submit for Board consideration. Chair Radley motioned to have Commissioner Russell provide a more detailed summary of the discussion of Resolution 07-02 (Item 6) of the June 25,2007,meeting and present it to the Board as soon as possible;Commissioner Cormick seconded the motion. Commissioner Henschel wanted to include a time limit in the motion that the summary be included on the agenda for the September 4,2007 meeting for approval as an addendum to the June 25,2007,minutes.The motion was approved by unanimous vote,with Commissioners Russell,Cormick,Henschel, Fowler and Radley voting yes. The Board later revisited the June 25 minutes and requested reflection of the three"Commissioners- Elect"in attendance. July 30.2007 meeting-discussion comments:. The Board discussed proposed changes to these minutes. Commissioner Fowler motioned to approve the minutes of the July 30,2007 meeting as corrected; Commissioner Henschel seconded the motion.The motion was approved by unanimous vote,with Commissioners Russell,Cormick,Henschel,Fowler and Radley voting yes. August 14.2007 meeting- discussion comments: The Board discussed several proposed changes to the minutes. Commissioner Russell volunteered to draft proposed revisions to one item;the Board agreed to address the revisions to these minutes later in the meeting or at a future meeting. The Board,later in the meeting,came back to these minutes and considered draft changes that Commissioner Russell provided. Commissioner Fowler motioned to approve the August 14,2007 minutes as amended; Commissioner Cormick seconded the motion.The motion was approved by a unanimous vote, with Commissioners Russell,Cormick,Henschel,Fowler and Radley voting yes. August 20.2007 meeting Following a brief discussion of the minutes,a motion was made. Commissioner Fowler motioned to approve the August 20,2007,minutes as prepared; Commissioner Henschel seconded the motion.The motion was approved by unanimous vote,with Commissioners Russell, Cormick, Henschel,Fowler and Radley voting yes. 3. Public Comments -None 4. Discuss Draft Change to Bing City Urban Services Agreement Chair Radley has discussed this agreement with Mr.Balfour,who was familiar with the agreement. The addendum adds the City of Tualatin due to their common boundary with King City. Chair Radley suggested inviting someone from Washington County to visit the TWD to explain the agreement. Tigard Water District 3 August 27,2007 DRAFT Commissioner Russell was concerned that Mr.Balfour may be in violation of representing the TWD, and suggested they consult Ms.Eakins about that concern. Commissioner Henschel motioned that the Board defer to their attorney's recommendations (either Mr. Balfour or Ms. Eakins) rather than invite Washington County or King City representation to make a presentation,and this item will be addressed at the regular meeting on September 24,2007,as an agenda item;Chair Radley seconded the motion.The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel,Fowler and Radley voting yes. The Board set a policy to have all contracts and legal documents/agreements reviewed by legal counsel before making any decisions. The Board requested that Chair Radley advise Ms. Eakins to add that policy to the rules she will be drawing up for approval. 5. Discuss Possible Dates for Water Facilities Tour The Board reviewed and discussed their available dates for the water facilities tour. 6. Discuss Televising Future Meetings Board discussion included: • the expensive costs ($700 -$900 was estimated) • apparent lack of interest by citizens • boring to watch • opportunity to make citizen's aware and improve the Board's profile • not budgeted for on this year's budget • possibly will revisit at a later date when budget allows 7. Discuss Registered Office and Records Storage Chair Radley suggested lumping together Agenda Items 7, 8,9 together,however the remainder of the Board wanted to discuss separately. Chair Radley shared a discussion he had with Michael Salsbury from the county and thought that for the quantity of records they have,which is rather small,it would be recommended to contract with Iron Mountain. Commissioner Henschel objected to discussing potential vendors, stating it would prejudice other vendors,and suggested no specific names should be mentioned. Commissioner Cornick recommended tabling the discussion. Commissioner Russell motioned to authorized Mr. Balfour to respond to the City of Tigard regarding administrative services,storage of records,and access to and use of the Water Building;Commissioner Henschel seconded the motion.The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes. Chair Radley requested the key to PO Box 23000,in the TWD name. There was some discussion about mail pick up,box fees,and how to handle the transition. The Board also requested that the City of Tigard not use Chair Radley's address as a contact for other sources. Chair Radley declared the Board was now in workshop to discuss services. Tigard Water District 4 August 27,2007 DRAFT • Type of vendors and services needed • Help contacting vendors • Consider mixing and matching vendors for the services needed • Check with other districts and agencies • Administrative services needed (notes,minutes,correspondence,etc.) • Financial services (with local government experience for the budget process) • Bookkeeping services • The Board referenced a list of ten items on the Scope of Services (based on current Board activity levels) document. Commissioner Fowler said he could easily handle items 1-4 on the list which were simple services,but he would need to meet with Mr.Dawes (City of Tigard Finance Dept) for transfer of information and an orderly handoff. • Mr. Goodrich would arrange meeting as quickly as possible between Mr. Dawes and Commissioner Fowler • Chair Radley has received clarification about the Fed Tax ID number • Commissioner Fowler could arrange to open the bank account • Could not select a bank vendor until the rules were in place 8. Discuss Audit of District Commissioner Fowler said CPA municipal audits are very expensive and complex with ORS 297 and 465; the Board may not want to continue with the audit. Commissioner Fowler said he could get the information after a review of history with the City of Tigard's Finance Department. He did not think it would be difficult to review the integrity in the process. Commissioner Henschel stated that he would still like to see an audit and requested a scope be developed with a cost estimate. Commissioner Fowler said he would need to review the records before a scope could be developed. The cost would be far more than the TWD budgeted for. Commissioner Henschel volunteered to assist Commissioner Fowler with the financial review. Chair Radley proposed that Commissioner Fowler meet with Roger Dawes to discuss options and procedures for a handoff of TWD financial records and gain understanding of the current financial processes and report back to the Board; Commissioner Cormick seconded the motion. The motion was approved by unanimous vote,with Commissioners Cormick, Fowler,Henschel, Radley and Russell voting yes. 9. Staff Support—Transition Plan Commissioner Charles Radley motioned to authorize Ms. Eakins to prepare contracting rules for personal services and general services for the Board to discuss and consider for the September 4,2007 Special Meeting; Commissioner Henschel seconded the motion.The motion was approved by unanimous vote,with Commissioners Cormick,Fowler,Henschel, Radley and Russell voting yes. Chair Radley entertained Board assistance in obtaining information from other agencies'and districts; Commissioners Henschel and Russell volunteered to assist with that task. . Tigard Water District 5 August 27,2007 DRAFT 10. IWB Update Commissioner Russell reported that at the August 8, 2007 meeting,the IWB motioned to approve the Water Building lease with the City of Tigard. The vote was four to one to approve the lease; she was the dissenting vote.The IWB discussion included the valuing of improvements and the city's attorney responded that they used straight-line depreciation. The TWD discussed this portion of the update and questioned the IWB's decision. Commissioner Russell reported that the lease did not include the map which included the square footage of the property or the calculations of how the lease amount was reached,which she requested be added as an addendum. This request was satisfied and the lease was passed. Commissioner Russell summarized other items discussed at the IWB meeting. The Board discussed the depreciation issue and asked Chair Radley to speak with Ms. Eakins for counsel on the issue. 11. Non-agenda Items Travel and lodging expenses were presented to the Board by Commissioner Henschel for attending the Special District meetings in Newport. Chair Radley commended those Board members who attended this training,which will ultimately be a great benefit to the District. Chair Radley motioned to approve payment of the expenses and the Board requested the City of Tigard to reimburse the expenses; Commissioner Russell seconded the motion. John Goodrich referred to the TWD's operating guidelines limiting the reimbursement to $50 maximum per diem per day. Discussion followed regarding per diem and the federal rates. The guidelines were read and the Board interpreted the expenses not to fall under that guideline. The motion was approved,with Commissioners Russell, Radley, Cornick, and Fowler voting yes; Commissioner Henschel abstained. 12. Set Next Meeting Date—September 24, 2007, at 7:00 p.m., Tigard Water Building Auditorium, 8777 SW Burnham Street,Tigard, Oregon A Special Meeting was scheduled for September 4,2007,at 7:00 p.m., the location to be determined. The Agenda items should include: • Contracting Rules • June 25 Meeting Minutes • Possibly the Financial Report from Commissioner Fowler (Commissioner Fowler will be out of town and not in attendance at the September 24 meeting.) 13. Recess Regular Meeting and Convene Executive Session-Addressed previously. No executive session was held at this time. Refer to the executive session held at the beginning of the meeting under Item 1. 14. Reconvene Regular Meeting and Consider Matters From Executive Session,if any This agenda item was addressed earlier in the meeting. Tigard Water District 6 August 27,2007 DRAFT 15. Adjournment Commissioner Henschel motioned to adjourn the meeting;Commissioner Russell seconded the motion.The motion was approved by unanimous vote,with Commissioners Cornick, Fowler, Henschel,Radley and Russell voting yes. The meeting adjourned at 10:08 p.m. Twila Willson,TWD Recording Secretary Date: Tigard Water District 7 August 27,2007 DRAFT TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Special Meeting Minutes Tuesday,September 4,2007 Tigard Water Building—Lobby Conference Room 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: Water Quality& Supply Supervisor John Goodrich TWD Recorder Joy Koss Visitors: Richard Burke,Patti Fowler,Barbara Sherman and Eileen Eakins (joined the meeting by speakerphone for items 2, 3,4 and 5) 1. Call to Order,Roll Call and Introductions The Tigard Water District(TWD)meeting was called to order by Chair Radley at 7:05 p.m. All Board members were present. Chair Radley introduced the President of the Tualatin Valley Water District Richard Burke and contacted attorney Eileen Eakins by speakerphone. 2. Review and Approve Contracting Rules for Personal and General Services—Eileen Eakins Chair Radley stated the TWD Board has been operating under the City of Tigard's financial contracting rules that will expire on September 30,2007,and the Board needs their own set of rules in place by that date. According to Chair Radley,Board members had received copies of a cover letter and two documents prepared by attorney Eileen Eakins. These documents are on file in the TWD record. Attorney Eakins explained to the Board that the first page is a draft resolution adopting public contracting rules and procedures for Tigard Water District. Under the"NOW,THEREFORE" section,item one indicates adoption of the Oregon Attorney General's Model Public Contracting Rules as they now exist or are later modified,except as otherwise provided. The otherwise provided portions are in Exhibit A which contains rules that are specific to Tigard Water District and are either modified from the model rules or create rules where none exist in the model rules for local government. Attorney Eakins addressed the Board's concern about having a rule for personal services contracts. Under the Attorney General's Model Rule,there is no rule that applies specifically to special districts. Attorney Eakins proposed a definition and proposed a way of awarding those contracts. Further discussion continued between Board members and attorney Eakins on this topic. Attorney Eakins stated that once the rules are adopted,they can be amended by resolution as well. Commissioner Russell motioned to accept draft Resolution No. 07-03 adopting public contracting rules and procedures effective immediately upon adoption;Commissioner Henschel seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Hvrnschel,Fowler and Radley voting yes. Board Chair Radley and Secretary Cornick signed Resolution No. 07-03. Tigard Water District 1 September 4,2007 Draft 3. Discuss Vendor Solicitation Process for Administration Services After contacting the Special Districts Association of Oregon,Commissioner Russell reported that there were several options regarding the vendor solicitation process for administration services. One suggestion was to contact other special districts,such as River Grove,and sign an IGA with them,or contract services for meeting notices,bookkeeping and minutes. Commissioner Henschel reported he was waiting for a return call from a gentleman who lives within the TWD and who is currently manager of the Raleigh Water District. Visitor Richard Burke reported Tualatin Valley Water District(TVWD) provides management services for other districts (West Slope and Sherwood),and announced he was in the middle of a career shift and expressed interest in supporting the TWD,if there is an opportunity. Mr. Burke and the Board discussed a variety of subjects: future growth and water supply planning,the future water supply needs of Areas 63 and 64, future water supply planning for the'TWD,and the various supply options being considered. Chair Radley discussed the Scope of Services List with commissioners. Note: The Board deferred discussion on item 3 and proceeded on to item 4. 4. Consider Opening TWD Bank Account Commissioner Fowler will reschedule a time to meet with City of Tigard's Financial Operations Manager Roger Dawes to transfer funds before September 30,2007. The Board discussed various issues in regard to opening a bank account and consulted with attorney Eakins about any requirement to name a specific bank in the resolution. Commissioner Fowler motioned to adopt Resolution No.07-04 to open a bank account in the name of Tigard Water District;Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell, Cornick,Henschel,Fowler and Radley voting yes. Board Chair Radley and Secretary Cornick signed Resolution No.07-04. Board members agreed to use U.S.Bank. Commissioner Fowler will check into what U.S.Bank requirements are for opening an account. Staff will provide copies of the July 2,2007,and July 30,2007,meeting minutes to Chair Radley and Commissioner Fowler. 5. Discuss Selection of Registered Agent and Registered Office for TWD Commissioner Cornick indicated attorney Clark Balfour would be happy to have his office act as registered agent. Chair Radley asked attorney Eakins if she would be interested in being a registered agent and she acknowledged her interest to be the registered agent for TWD. The Board discussed fees for this service with attorney Eakins. An annual fee of$150 was mentioned,but no fee decision was reached. Commissioner Russell made a motion to designate Eileen Eakins as the registered agent for TWD and office for the Tigard Water District effective immediately;Commissioner Fowler.seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,,Cornick, Henschel,Fowler and Radley voting yes. Note: The Board recessed the Special Meeting to convene an Executive Session. Tigard Water District 2 September 4,2007 Draft 8. Recess Special Meeting and Convene Executive Session Executive Session—Real Property Transactions,Exempt Public Records and Consultation with Legal Counsel on Pending Litigation Commissioner Radley recessed the special meeting and announced the Board was going into executive session under ORS 192.660(2) (e), (f) and (h). The executive session was convened at 8:04 p.m. Staff did not participate. The Board concluded executive session at 9:04 p.m. 11. Reconvene Special Meeting and Consider Matters from Executive Session,if any Commissioner Radley reconvened the Special Meeting at 9:07 p.m. Commissioner Fowler made a motion to authorize Commissioners Henschel and Russell to join attorney Eileen Eakins at a meeting with the Special Districts Association;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes. Note: The Board decided to discuss item 6. 6. Review and Approve Summary Addition to June 25,2007,Meeting Minutes Commissioner Russell provided documentation to amend the June 25,2007,meeting minutes. Commissioner Cornick made a motion to approve the June 25,2007,minutes of the Tigard Water District with the summary addition provided by Commissioner Russell;Commissioner Henschel seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell, Comick,Henschel,Fowler and Radley voting yes. 7. Consider Commissioner Travel Expenses Commissioner Russell presented documentation for 80 miles at 48.5 cents per mile for$38.80 for training at Special Districts of Oregon in Salem on August 6,2007. Commissioner Fowler made a motion to approve this claim for expenses;Commissioner Comick seconded the motion. The motion was approved with Commissioners Cornick,Henschel,Fowler and Radley voting yes. Commissioner Russell abstained. Chair Radley submitted a claim for cassette tapes for$22. Commissioner Cornick made a motion to approve Commissioner Radley's bill for reimbursement for the purchase of tapes used to record executive sessions;Commissioner Fowler seconded the motion. Vice Chair Cornick took a vote. The motion was approved with Commissioners Russell,Cornick,Henschel,and Fowler voting yes. Commissioner Radley abstained. 8. Non-agenda Items,if any Mr. Goodrich asked the Board for clarification as to which attorney (Eakins or Balfour) should act as the point of contact for correspondence from City staff. He summarized his understanding was that all of the correspondence having to do with the separation of services should be directed to attprne_y Balfour and all litigation matters should be directed to attorney Eakins. The Board concurred. The Board discussed use of the post office box for the bank account. Mr. Goodrich assumed that the post office box would be turned over to the Board,but indicated he would check into that matter. Tigard Water District 3 September 4,2007 Draft Mr. Goodrich reported that he provided the TWD,via Commissioner Fowler,a copy of the general ledger covering fiscal years 2004/2005 through 2007/2008. All records before that time have been destroyed as per state law. Retention is three years. Mr. Goodrich also provided Commissioner Fowler with the"Review in Lieu of Audit"that was recently completed. Mr. Goodrich said he would assist in arranging a follow-up meeting should Commissioner Fowler have questions after reviewing these documents. Upon request of the TWD,city staff estimates eight hours of labor to pull the intermixed files and collate for TWD records. Note: The Board returned to agenda item 3. 3. Discuss Vendor Solicitation Process for Administration Services -Continued Chair Radley shared that two people being considered for administrative services have dropped out for reasons of time. Board members continued discussions about meeting support,requirements for recording meeting minutes,and establishing a website. Commissioner Russell suggested posting notices in The Oregonian,Tigard Times,Washington County Weekly and Oregon Live indicating TWD is looking for service providers. Chair Radley indicated Richard Burke is interested in being considered for the manager position. Commissioner Russell commented that a manager is not needed unless the Board is going to take over total operations of the TWD. Chair Radley expressed interest in a manager position to alleviate the load he is currently carrying. The Board discussed how those duties might be distributed among the other Board members in lieu of hiring a manager. Commissioner Russell agreed to write up a notice for clerical,administrative and bookkeeping services and call River Grove. Commissioner Henschel agreed to follow-up with the Raleigh Water District manager. Mr. Goodrich addressed inquiries from Board members about room reservations,building access, speakerphone,public address system,City of Tigard website services and records. Mr. Goodrich said he would follow-up on the status of records and website issues. The Commissioners continued discussing various topics pertaining to the Scope of Services List. Mr. Goodrich reminded Commissioners of the upcoming information session scheduled for September 13,2007,at 7:30 a.m. of ASR and High Tor facilities. 11. Adjournment Commissioner Russell made a motion to adjourn;Commissioner Henschel seconded the motion. The motion was approved by unanimous vote,with Commissioners Radley,Russell,Cornick,Henschel and Fowler voting yes. Chair Radley adjourned the meeting at 9:51 p.m. Joy Koss,TWD Recorder Date: Tigard Water District 4 September 4,2007 Draft Distributed to TWD Members Via: 11E-mail ❑Mail An-person at meeting City of Tigard TIGARD Memorandum To: Charles Radley,Tigard Water District From: John Goodrich Re: Request regarding Right of Way Date: September 20, 2007 The City of Tigard is requesting that the Tigard Water District (TWD) Board grant the donation of Tax Lot 03451 (Tax Map 2S1 02AD), deemed an "Other Asset"under the Intergovernmental Agreement (12/23/93) Section 4. A(2)b. as "Public Right of Way" as part of the City of Tigard Burnham Street Improvement Project. This asset under the current agreement falls within the boundaries of the City of Tigard and has no structure or improvements associated with it. The City proposes that it is not a system asset as described in the IGA. The current Water Hydraulic Study Master Plan does not identify this property for any future water system distribution projects. The property described is a triangle shaped property adjacent to Burnham Street, and is 0.13 acres (5,563 sq. ft.) (See Attached Map). As a courtesy to its intergovernmental partners, the City is requesting consideration for action on this matter through the TWD boardmembers before approaching the Intergovernmental Water Board for final approval. Water Division Staff recommends the TWD Board approve the donation of the subject property as right-of-way. 0 10186 SW Laurel Street Beaverton, OR 97005 Ph 503.644.3436 Fax 503.644.7400 RIGH-110E-WAY ASSOCIATES,INC www.r o w a i n c.c o m September 12, 2007 Index#: 06-041-013 Tigard Water District PO Box 23000 Tigard OR 97223 Subject: Burnham Street Improvements File No. 0353 Re: Tax Assessor's I.D. 2S102AD03451 Introductory Letter Dear Property Owner: The City of Tigard plans to improve Burnham Street between SW Main Street and SW Hall Blvd. Between Main Street and Ash Avenue, the project will construct a 2-lane street section with water quality treatment planters, 18-foot wide sidewalks, parallel parking on both sides of the street, landscaping, and new street lights. Between Ash and Hall Boulevard, the project will build a 3-lane street section from Ash Avenue to Hall Blvd with 12-foot wide sidewalks, parallel parking on both sides, median where feasible, landscaping, new street lights, and gateway treatments at the northwest and southwest corners of its intersection with Hall Blvd. Our information shows that your properties identified as 2S102AD03451, located at No Site Address will be affected by the project. I am an agent with the firm of Right-of-Way Associates, Inc. which has been hired by the City to assist with the project. I am acting as an exclusive agent for the City of Tigard in negotiations to acquire the property rights needed for the project. We are required to provide the City with an estimate of the value of the property rights which are needed for the project. During the following weeks you will be contacted by an appraiser to arrange for an inspection of your property. The appraiser will be prepared to answer questions you may have relating to the appraisal process and the property rights needed by the project and will be interested in obtaining information about the property from you. As part of the appraisal process and to assist in the property inspection, surveyors will be staking or marking the proposed right-of-way and easement lines. Please do not remove any stakes placed on your property. They will be very useful to the appraiser and for our discussions with you after the appraisal is completed. Page 2 of 2 It is my responsibility to conduct discussions with you for the purchase of the property rights needed by the project when the appraisal is completed and just compensation has been established by the City. I can be reached at 503-644-3436, toll-free at 1-800-944-3436, by fax at 503-644-7400 or by email at: davidrowainc.com. The City's Project Manager is Vannie Nguyen, P.E., she can be reached at 503-718-2460 or by email at: vannie(a�ticaard-or.gov. We would be pleased to provide information or answer any questions you may have about the project prior to the completion of the appraisal. Sincerely, a. oatt;( ,J% R. David Feinauer, Agent c: Vannie Nguyen „e r . z a ,i � ' '�fi r a s. k '*w* , a • axe � _ a• t M z._. # RvX,-. • A.a .14# a ' tr a> ` «` Xt r i..".7.9!• e� t `# a 1 ,` 44 ,4x s �; • R v, Ur !ESliiFegtsege s�a9..ergeo t# .# e S+7f$ , I 4,/,,,,,,, ;, 0.r5. , �` t t . � �� Uden0�y Results �a�'���� m ��|��U '- ��� �� ��� ���� 1: Tax Lom'2S102AD0345 A - . 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