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09/12/2012 - Minutes Intergovernmental Water Board JWB) Minutes SERVING TIGARD, KING CITY,DURHAM AND TIGARD WATER DISTRICT MEETING DATE: Wednesday, September 12, 2012, 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard (Arrived 5:31 p.m.) Ken Henschel Representing the Tigard Water District Keith Jehnke Representing the City of Durham Dick Winn Representing the City of King City Andrew Barrett Member-At-Large Members Absent: None City of Tigard Staff Present: Dennis Koellermeier Public Works Director John Goodrich Utility Division Manager Greer Gaston Public Works Office Manager Kristie Peerman IWB Recorder 1. Call to Order, Roll Call and Introductions Commissioner Winn called the meeting to order at 5:30 p.m. 2. Approval of Minutes —July 26, 2012 Commissioner Winn moved to approve the July 26, 2012, minutes. Commissioner Jehnke seconded the motion. The motion passed by unanimous vote of the commissioners present, with Commissioners Barrett, Henschel,Jehnke and Winn voting yes. Note: Commissioner Buehner arrived at 5:31 p.m. 3. Public Comments Neal Brown informed the board of 6 tax lots, totaling 12.37 acres, for sale adjacent to Tigard's Sunrise property. He said these properties could possibly benefit the city. Benefits might include an expansion to Sunrise property, protection of Summer Creek, possible relocation of future water reservoir, and connections to existing trails. Mr. Brown submitted an informational packet of the properties to each board member. The packet is on file in the IWB record. John Bacon, realtor for the property owners, submitted photos to board. Photos are on file in the IWB record. Commissioner Buehner stated Tigard City Council would be the appropriate entity to consider the property purchase. Mr. Koellermeier will discuss the properties with City of Tigard Parks and Facilities Manager Steve Martin. 4. Water Supply Update Mr. Goodrich was absent. baron Beattie, City of Tigard water operations supervisor, reported: ■ August average was up about a half a million gallons per day (mgd) from last year. ■ Summer peak in the middle of August was 10.51 mgd. ■ Aquifer storage and recovery (ASR) #1 is up and running but will shut down mid- September. ■ 131 million gallons of water are stored in ASR #2. This amounts to about a 60- day supply. ■ The city will continue to use ASR #2. ■ September and October water use is expected to be approximately 8 mgd. 5. Briefing on Portland Water Fluoridation Initiative Mr. Koellermeier reported that on September 12, 2012, Portland City Council voted unanimously to start fluoridating the Portland water supply. Mr. Koellermeier indicated Portland Water Bureau had no communication with wholesale water customers regarding fluoridation. According to Tigard's Water Sales Agreement with Portland, Tigard's wholesale water rates are determined, in part, by Portland's costs to address water quality issues. Tigard asserts fluoridation is not a water quality issue and is not an allowable cost under the terms of the agreement. This issue will be up for debate and possible litigation. Mayor Dirksen sent a letter to Portland Mayor Adams addressing Tigard City Council's concerns on communication and costs associated with implementing a water fluoridation system. The letter is on file in the IWB record. Commissioner Buehner reported Tigard City Council discussed the fluoridation issue and stated this is a short-term problem, as Tigard will move to the Lake Oswego-Tigard water supply in 2016. Commissioner Henschel stated Tigard Water District strongly objected to the way Portland handled the fluoridation issue. Tigard Water District also sent a letter to the City of Portland; it was similar to Mayor Dirksen's letter. 6. Update on the Intergovernmental Agreement for Water Service Mr. Koellermeier met with Tigard City Council to discuss concerns and get direction on the intergovernmental agreement (IGA). An outline of a proposed draft IGA will be available soon. The draft IGA will be addressed at the October meeting. 7. Update on the Willamette River Water Coalition The memorandum from John Goodrich regarding the Willamette River Water Coalition was distributed at the meeting and is on file in the IWB record. Mr. Koellermeier referenced the memo and reported: ■ The Willamette River Water Coalition (WRWC) continues to maintain a utility corridor to bring water from the Willamette River Treatment Plant to the Beaverton/Aloha area. ■ The City of Hillsboro will publically announce its decision to name the Willamette River as a potential water source. ■ The key players in the Haag Lake project will revisit their old studies to see what the next best option is. ■ The first location for the pipeline coming from Wilsonville will cross a Metro property called Graham Oaks. ■ WRWC approached Metro staff about acquiring an easement to place the pipeline across Graham Oaks. Metro staff denied the request. The next step will be to take the easement request to the frill Metro Council. ■ The two critical areas the pipeline must cross are the Graham Oaks property and the Tualatin River in the vicinity of Roy Rogers Road. ■ The City of Tigard has not been active in the WRWC, but may be called upon to vote if it has to invest some money. 8. Informational Items Senator Burdick's Letter on the Water Pipeline through Mary S. Young Park ■ Commissioner Henschel requested background information regarding Senator Burdick's letter to the Office of the Attorney General. ■ Mr. Koellermeier stated Senator Burdick's letter addressed the deed language of having to obtain the approval of Mrs. Young's heirs in order for the Department of Justice to advise the Oregon Parks and Recreation Department to grant an easement to the City of Lake Oswego. Her letter requested the state attorney general review the history and language of the deed and allow the project to continue. The letter is on file in the IWB record. The easement issue through Mary S. Young is not resolved. Lake Oswego-Tigard Water Partnership ■ Mr. Koellermeier reported on a water partnership task to update an intergovernmental agreement (IGA) between Lake Oswego, West Linn and South Fork Water Board. The IGA directs how these three entities will deal with their emergency water intertie. When Tigard bought into the Lake Oswego water system it bought into the intertie. Tigard needs to be added as a party to the IGA, and the IGA needs to be updated to reflect the benefits to the City of West Linn in having Lake Oswego's water treatment plant expanded. ■ Mr. Koellermeier stated the critical decision for the partnership is the timing of construction contracts as they relate to the court of appeals case regarding water rights. At issue in the case are a half of the overall water rights that will supply the water system for one month in the summer. Resolution of the case may take place after construction contracts are issued. 9. Non-Agenda Items The board did not discuss any non-agenda items. 10. Next meeting: October 10, 2012, at 5:30 p.m. Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment At 6:13 p.m. Commissioner Buehner moved to adjourn the meeting. Commissioner Henschel seconded the motion. The meeting adjourned by unanimous vote of the Commissioners present,with Commissioners Barrett, Buehner, Henschel,Jenke, and Winn voting yes. Dick Winn, IWB Chair Kristic Peerman, IWB Recorder Date: Date: