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11/12/2008 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes November 12, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Ken Henschel Alternate Representing the Tigard Water District Bill Scheiderich Member At-Large (Arrived at 5:36 p.m.) Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Attorney Tim Ramis IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:30 p.m. 2. Approval of Minutes--October 8, 2008 Commissioner Buehner motioned to approve the October 8, 2008 minutes; Commissioner Winn seconded the motion. The minutes were approved by majority vote, with Commissioners Buehner, Carroll and Winn voting yes. Commissioner Henschel abstained. 3. Public Comments; None 4. Water Supply Update Mr. Koefiermeier reported: ■ October water consumption averaged 4.85 million gallons per day; this is slightly less than the 10-year average. ■ In 2008, 105 million gallons of water were recovered from aquifer storage and recovery (ASR) well number 2. • ASR injection will begin in the next couple weeks with target volumes of 150 million gallons in ASR well number 2 and 44 million gallons in ASR well number 1. ■ The new reservoir will be online in mid-November. Intergovernmental Water Board Minutes November 12,2008 1 Note:Items 5 and 6 were considered together. 5. Consider a Street Dedication Deed for a Strip of Land Along the Water Building Property (Tigard Public Works Building) to Be Dedicated to the Public as Right-of-Way for the City of Tigard's Burnham Street Improvements 6. Consider a Public Utility Basement for an 82-Square-Foot Parcel on the Water Building Property (Tigard Public Works Building) for the City of Tigard's Burnham Street Improvements In response to a question from Commissioner Carroll, Mr. Koellermeier advised the details on the sale of the remnant parcel were addressed in an October 30, 2008 memo from the Tigard city attorney's office. This memo is on file in the 1WB record. Mr. Koellermeier said the sale of property needed to go before the member jurisdictions. Since the street dedication and easement did not involve the sale of property, these transactions could be decided by the IWB based on the tenancy in common agreement for the Water Building property. Mr. Ramis said the issue before the Board was whether to authorize the easement and dedication deed. He advised a majority vote was required and the Board could make a motion to approve the two documents. Commissioner Buehner motioned to approve the two documents [street dedication deed and public utility easement]; Commissioner Henschel seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. Mr. Koellermeier summarized the details and timelines in the October 30, 2008 memo regarding the sale of the remnant and Canterbury parcels. All member jurisdictions should have considered the sale of the properties by the IWB's December meeting. Commissioner Winn reported King City would consider the property sales on December 3 instead of November 19. He mentioned the drawings accompanying the remnant parcel and Canterbury documents were inadequate. Commissioner Henschel asked what would be done with the proceeds from the sale of the property. The Board responded the money would go to the Water Capital Improvement Fund, Commissioner Henschel informed the Board the Tigard Water District was planning a major conservation fair and suggested the District's portion of the property proceeds be used as "seed money" to expand water conservation efforts. Mr. Koellermeier commented it was the Board's decision as to how it wished to use the money and suggested a presentation on the existing conservation program be scheduled as a future agenda item. He will provide information on the program, possible future programming and the pros and cons of conservation. Note:Mr. Ramis left the meeting at 5:49 p.m. Intergovernmental Water Board Minutes November 12,2008 2 Commissioner Carroll confirmed all of the Commissioners would be prepared to vote on the sale of remnant and Canterbury properties on December 10. Commissioner Scheiderich said the sale price of the Canterbury property was not included on the documentation. Ms. Gaston advised the appraised value was $605,000 and said she would provide Commissioner Henschel with a copy of the appraisal. 7. Discussion on Rewriting/Revising 4993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard This item was continued from the Board's September 10, 2008 meeting. Commissioner Carroll proposed the Board begin by reviewing Durham's agreement section by section. Commissioner Buehner asked if statutes cited in the agreements were current; these citations should be verified by the attorney who prepares the final agreement. Rather than having the Board work on an agreement, Commissioner Henschel proposed giving the member jurisdiction comments to an attorney who could draft an agreement. Other Commissioners countered the Board needed to determine a framework and decide substantive issues before turning the agreement over to an attorney. Intergovernmental Agreement Between Tigard and Durham for Delivery of Water Service Used as Sample Agreement Page 1, Recital Item 2 ■ Commissioner Carroll questioned what this section actually said. ■ Mr. Koellermeier said it paraphrased ORS 222. ■ Commissioner Buehner suggested it was redundant and could be removed. Commissioner Scheiderich said it was just a recital of state law. ■ Commissioner Carroll said whomever rewrites the agreement could determine if this wording was important and should remain in the new agreement. Page 1, Recital Item 5 ■ Commissioner Henschel summarized written comments: The District would like Tigard to provide an annual report that shows the methodology used in determining the District's one percent, details on revenues, etc. and rights of any of the member jurisdictions to review the billing procedures, etc. The City of Tigard would provide IWB members with an analysis of billing procedures and providers biannually so the IWB can determine the best billing provider. ■ Mr. Koellermeier said he was agreeable to adding an accountability/reporting step into the agreement. The degree of accountability would need to be discussed further. ■ Commissioner Carroll said the level of accountability might be more appropriate in another section of the agreement and could be discussed later. Page 1, Recital Item 7 ■ The Board agreed to delete this recital as it is obsolete. Page 2, Item 2, Term ■ Commissioner Carroll suggested the new agreement be in full force and effect in perpetuity. ■ Mr. Koellermeier said member jurisdictions other than Tigard were looking for guaranteed access to water in the future. Intergovernmenta[Water Board Minutes November 12,2008 3 • Mr. Koellermeier and Commissioner Carroll settled on language generally saying termination: - Could occur with the mutual agreement of Tigard and the member jurisdiction that wished to leave. - Would require five-year notice or could be a term mutually agreed to by Tigard and the member jurisdiction that wished to leave. Page 2 Item 3 Intergovernmental Water Board • Commissioner Henschel questioned whether the IWB should become an official legal entity registered with the State of Oregon. ■ Commissioner Scheiderich responded the IWB does not have its own budget. If it was a legal entity, it could issue bonds in its own name, have taxing authority, etc. ■ Commissioners Carroll and Winn expressed concern that being a legal entity would be complicated and would create responsibilities their jurisdictions did not want to assume. ■ Commissioner Henschel summarized written comments: Official status would help to formalize procedures to insure compliance with state public meetings law, the IWB's ability to sign contracts, hold hearings and develop its own web site. He indicated the IWB might have signed contracts in the past, although it is not clear it had the authority to do so. ■ Mr. Koellermeier suggested the level of responsibility fell along a continuum with the IWB functioning as an advisory board on one end and functioning as a standalone, authoritative entity on the other end. • Commissioner Carroll said some tweaks might be made, but he was not interested in having more involvement in the water system or moving toward a more independent entity. Commissioner Winn concurred. ■ Commissioner Scheiderich said a separate entity would typically have its own staff, buy its own insurance and issue bonds in its own name. Attempting to issue bonds would be self-defeating since the Board has no credit history. • Commissioner Buehner said IWB members sign documents on behalf of the member jurisdictions they represent. • Commissioner Carroll said the Board makes recommendations to Tigard or considers items Tigard has abdicated to it. Commissioner Winn said the IWB was an advisory board to Tigard. Commissioner Buehner said Tigard has always followed the IWB's recommendations. • Commissioner Carroll suggested the Tigard Water District's attorney could draft some kind of middle-ground option, but Durham and King City were not interested in taking on budgets, bonding, insurance, etc. Commissioner Henschel concurred. Commissioner Winn expressed concern over the direction of the discussion and inquired what would happen if King City did not support the new agreement. Commissioner Carroll said all four member jurisdictions must approve the new agreement in order for it to become effective. • Commissioner Henschel addressed the issue of selecting the at-large member and proposed a process for doing so by advertising the position every two years and interviewing applicants. Commissioner Carroll said he did not want this to preclude the Board members from appointing whomever they like on January 1. The Board agreed this was a procedural issue and did not need to be included in Intergovernmental Water Board Minutes November 12,2008 4 the agreement. Commissioner Carroll said notations about the at-large member would remain the same. Pace 3, Item 3.13.(1), Intergovernmental Water Board Terms ■ Commissioners Carroll and Scheiderich said this was obsolete and could be deleted. Page 3 Item 3.C. Intergovernmental Water Board • Commissioner Carroll said it was staff's responsibility to secure appropriate representation. Mr. Koellermeier confirmed this was managed as a staff issue. Commissioner Carroll said this item should be deleted. Page _Item 3.D., intergovernmental Water Board ■ Mr. Koellermeier advised this item had been amended. ■ Commissioner Henschel said the Board should make sure it complies with state requirements. ■ Commissioner Carroll noted matters which come before the Board have different voting requirements. The number of votes required and the Board members eligible (including or excluding the at-large member) to vote can vary depending upon the issue under consideration. Board consensus was for the new agreement to identify the types of issues the Board may consider and their corresponding voting requirements. Page 3, Item 3.E., Intergovernmental Water Board ■ Based on Commissioner Henschel's comments on Page 1, Recital Item 5, Commissioner Carroll directed language be added requiring Tigard to provide an annual financial accountability report once an audit was complete. Page 4, Item 31.(1), Intergovernmental Water Board - Power to Grant Variances, ■ Mr. Koellermeier and the Board entered into a discussion about the revisions currently being made to the credit for leak policy. Commissioner Carroll advised the Board wanted to retain the ability to hear credit for leak requests above $2,000. Other credit for leak requests will be handled by staff. The new credit for leak policy should be reflected in this item, not variances. The Board tabled further review of the intergovernmental agreement to its next meeting. S. Informational Items ■ Term Expiration for Commissioners Buehner and Winn Commissioner Buehner reported she had been appointed through December 31, 2010, the end of her term on the Tigard City Council. Mr. Koellermeler said staff would like confirmation regarding who would be serving as King City's representative for the next two-year term on the IWB. 9. Non-Agenda Items: None 10. Future Agenda Items • Consider resolutions recommending Tigard declare surplus and dispose of a portion of the Canterbury property and the Water Building remnant. • Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. Commissioner Henschel commented the additional tenancy in common agreements were pertinent to the intergovernmental agreement rewrite. Commissioner Carroll Intergovernmental water Board Minutes November 12,2008 5 asked staff to proceed with tenancy in common agreements for any non- controversial properties. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. Mr. Koellermeier reported the county has not followed-up on their request to come to an IWB meeting. ■ Review: - Proposed Tigard Municipal Code and policy changes regarding credit-for-leak, water meters, and nonpayment of water bills. -The billing insert: policy. 11. Next Meeting: ■ December 10, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Executive Session — Real Property Transaction Negotiations The Board decider! King City alternate to the IWB, David Newham, could attend the executive session. At 6:52 p.m. the Board went into executive session to discuss real property transaction negotiations under ORS 192.660(2)(e). The Board came out of executive session at 7:02 p.m. 13. Adjournment At 7:03 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. IW13 Chair Greer A. Gaston, IWB Recorder Date: e k� 4 J" Intergovernmental Water Board Minutes November 12,2008 6