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01/13/2010 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes January 13, 2010 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 Representing the Tigard Water District Dick Winn Representing the City of King City Bill Schelderich Member At-Large Members Absent. None Staff Present. Public Works Director Dennis Koellermeier Utility Division Manager John Goodrich lWB Recorder Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:27 p.m. 2. Approval of Minutes —December 9, 2009 Commissioner Buehner motioned to approve the December 9, 2009 minutes; Commissioner Winn seconded the motion with changes as noted. The minutes were approved, as amended, by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. 3. Public Comments None 4. Member-at-Large Position Candidates Paul Aronson, Jill Rosenberg, Michael Stone, and Gary Strealy each had five minutes to address the board as to why they are interested in the member-at-large position and ask any questions of the current Board members. Steve Huynh, another candidate, was not in attendance. 5. Water Supply Update • Mr. Goodrich reported that water demand is currently 4 million gallons per day (mgd). Aquifer storage and Recovery (ASR) 2 injection is at 1.5 mgd. The injection is ending this week because we have reached capacity, 160 million gallons (mg). Tigard has a total of 260 mg of water in storage, or 107 days supply at the current rate of consumption, at ASR 2. • The City is switching over to ASR 1 which has been operating as a native groundwater well for the last year and a half. Utilizing native groundwater is cheaper than purchasing Intergovernmental Water Board Minutes January 13,2010 1 water. It does not have to be pumped in and out. The target goal for ASR 1 is 100 mg. Eight hundred gpm will be injected into ASR 1 which translates to around one mgd. • The native groundwater has been tested, there are no health hazards. There is a change in hardness noticed by citizens closest to the well. • There are three wells in operation. One that stores native groundwater and two ASR wells. ASR 3 (the fourth well)will be designed starting in July. • Currently, the ASR wells are not a primary water source. The ASRs are designed to eventually be used as a primary source of water for us, not just a peak use or emergency supply. When operational with Lake Oswego, we will not have peaking costs like those that we have now. Tigard will be an owner receiving water at operation costs. • No requirement for fire suppression in Oregon. OAR states must have certain amount of storage capacity. The City of Tigard (Tigard) is storage rich. We currently have two to three days of storage above ground, not counting ASR. • The 550' pump station is the main pump station that moves water from the 10-million water reservoir on Bull Mountain Road to higher elevations. It pumps water to two different elevations; it will be half of our water supply. It will cost $4.8 million to build. The money is coming from an American Recovery and Reinvestment Act (ARRA) grant we won. Half the grant is "forgivable loan" money, half of it is a low interest loan that is subsidized down to I% or so. The money budgeted to use on this project is now going to pay off operating the Lake Oswego project for one year. Very few municipalities were able to tap into this fund money. 6. Motion to Withdrawal from the Joint Water Commission Mr. Koellermeier stated the process of withdrawing from the Joint Water Commission (JWC) is concluded. A requirement of being a member of the JWC is investing in the Haag Lake project, so we withdrew. The previous $134,000 JWC dues paid out of water capital improvement funds for JWC real estate holdings will go back into the fund. Commissioner Buehner moved that the Board recommend approving Resolution 10- XX withdrawing the City of Tigard from the Joint Water Commission, Commissioner Henschel second the motion. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. 7. Informational Items a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. • Commissioner Buehner reported on the joint meeting, referring to the PowerPoint presentation and oversight committee report handouts included in meeting minute files, stating a firm was hired to run the project. The Values & Principles handout may need to be updated since the relationship has changed. Commissioner Buehner would like to be informed of any changes needed. The draft environmental process will come back to committee for finalization. • Public outreach information needs to get out in front of misinformation campaign. For instance, a public health expert is needed to talk about the chemistry involved. Some groups are not interested in facts. Some groups get upset about ancillary issues like less water for fish. Experts need to be available to address those issues. • Mr. Koellermeier is concerned decisions are made based on technical experts and then a citizen group creates a political issue to stop progress. The schedule is rather aggressive; we cannot allow public misinformation to make us miss the two-year deadline. The cities are expecting legal challenges. Money is budgeted in the capital Intergovernmental Water Board Minutes January 13,2010 2 budget for the Lake Oswego partnership. The Waterwatch lawsuit, stating we cannot take any additional water out of the river, has been going on for about two years. Southfork Water Board is arguing constitutional issues. Tigard joined with Lake Oswego and North Clackamas Water Commission's legal firm, Bateman Seidel. The lawsuit hearings should occur in March. State agencies are also involved in our defense. b. Copy of the letter from the Portland Water Bureau • A copy of the letter received from the Portland Water Bureau (PWB) regarding the November 28, 2009 Boil Water Incident is enclosed in the packet. Mr. Koellermeier and Mr. Goodrich wrote a good letter. Mr. Koellermeier is in contact with the PWB Administrator. • Tigard is working on the IWB contact information procedure, the protocol of who needs what information when. Tigard will complete the communication plan in one month. c. Tigard Water District Board Voting Requirements Commissioner Henschel reported he would get back to the Board next month. 8. Non-Agenda Items • Since Commissioner Scheiderich is resigning, the IWB needs to appoint a new representative to the West Bull Mountain Technical Advisory Committee, who will need to attend the next meeting on February 11. Commissioner Buehner nominated Commissioner Winn to be the IWB representative to the West Bull Mountain Technical Advisory Committee; Commissioner Carroll seconded. The motion passed by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Scheiderich and Winn voting yes. Commissioner Henschel abstained. • Mr. Goodrich is working on modifications to rights in the Groundwater Rights book. The water rights are still in Tigard Water District's (TWD) name. An affidavit of consent is required from TWD. Water rights were not discussed in the 1994 agreement. • How would the IWB like to approach water right issues, as a system asset? Whose name should the assets be held in? Mr. Goodrich has until Feb 5th to get consent. He is going to ask Oregon Water Resources Department(OWRD)for an extension of time. The Board considered adding discussion about water rights and water right issues in the new ]GA. • Groundwater rights are generally associated with each individual well. The City is trying to change diversion points to utilize all the water rights in any well in the system. Instead of being able to only pull 400 gallons per minute (gpm)from ASR 1, and 600 gpm from ASR 2, Tigard wants to be able to pull 800 gpm at ASR 2. • The City is trying to modify the two wells located at Canterbury. The property was put into joint tenancy last year as part of the sale agreement. Water rights do not automatically transfer with ownership, it is a different process. Staff could have initiated the change when the property deed changed to a tenancy-in-common. The question is, can water rights be in a tenancy-in-common? Staff suggests the water rights be put in the City of Tigard's name and have the IGA state that it is a system asset. Commissioner Carroll feels this would be a benefit to all members as a tenancy-in- common. Commissioner Winn wants water rights to go to Tigard, rather than a tenancy- in-common agreement. • The second well, ASR 2, is located on 119th Avenue (private drive). This property was annexed into Tigard; however, the property is still in TWD's name. This property is on Intergovernmental Water Board Minutes January 13,2010 3 the list for a tenancy-in-common agreement. One property of the tenancy-in-common agreement is a claim of beneficial use which means if water rights are not used for five years, they are lost. Mr. Goodrich just went through the process of securing all the water rights through the claim of beneficial use, having to prove the City took water. The Board does not want this issue to hold up the agreement; it will take time to complete. Commissioner Scheiderich will put a placeholder in for now. 9. Discussion of Draft 1993 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 —Commissioner Scheiderich The Board wanted to review the changes from last month prior to continuing with the agreement. Page 3, Paragraph 3 —The member at-large must reside in the water service area. A water service area map will be attached to the agreement. Party members appoint the member at- large. Middle of paragraph —the IWB acts on behalf of the governing body of that Party. When voting on any issue before the IWB, if they vote affirmative, it is presumed they will be recommending it to their government body; they are not binding their government body. End of paragraph— If a member has three consecutive unexcused absences from the 1WB meetings, the IWB may declare a position vacant and shall notify the Party of the vacancy to fill the position. The Party members shall appoint a member at-large for the remainder of the existing term of that position when the position becomes or is declared vacant. It was suggested that a separate line is created for Party members and the member at-large position. Page 4, Paragraph 5B—States more specifically what Tigard shall provide for the IWB meetings. Page 4, Paragraph 5C -Tigard shall hold at least one public meeting with the councils and the governing bodies of the served Parties on matters relating to the water supply system. Page 4, Paragraph 6A- IWB members present and voting may advise the Tigard City Council. Page 4, Paragraph 6B(1) _The IWB decision shall be final and binding when Tigard proposes to serve to another reseller. Last time it was worded that IWB could bind Tigard, that was not the intent. Page 4, Paragraph 6B(2) -The lWB decision shall be final and binding when Tigard proposes to issue revenue bonds to finance capital improvements outside the service area Page 5, Paragraph 6B(4)-The valuation of a Party's ownership shares shall be recalculated from time to time and upon termination. Page 5, Paragraph 7A- Each party owns equitable, undivided shares as per Section 7B. The Parties share the Lake Oswego project within the service area as shown on Exhibit A. Last sentence -The Party's shares are pledged to the repayment of any debt issued to finance further capital improvements. After the bonds are paid off, the assets revert to the TWSA. Mr. Koellermeier is not sure how to resolve the Lake Oswego project issue. The assets become part of Tigard's share of the system assets. Commissioner Carroll stated that since the Parties Intergovemmental Water Board Minutes January 13,2010 4 are paying for the Lake Oswego project, the Parties want ownership of the project. Mr. Koellermeier stated that Tigard owns the assets. It is listed as if we are purchasing real estate, that there is a deed out there. In year 21 of the Lake Oswego-Tigard agreement, Tigard will then be a partner. Commissioner Buehner suggested another section should be created for other assets (i.e., Lake Oswego and Willamette)for when the bonds are retired and these capital improvements become system assets. This is a new piece to the agreement; in the 1994 agreement, everything was paid for. Mr. Koellermeier needs to make sure the agreements work together. Page 6, Paragraph 7D - No change. Commissioner Winn would like to take the paragraph out. All money goes back to water capital improvement fund. Page 6, Paragraph 7E—Commissioner Scheiderich shall put General Accounting Standards Board before GASB. Tigard creates and maintains a list of all the assets. Certain things have to be confidential due to sabotage concerns. Also, all customer personal information is confidential. Page 6, Paragraph 7F—The current agreement is 1%; the Parties have not agreed to 2%. Tigard shall disperse the amount to a Party after the audit, at least once per year. Page 6, Paragraph 7G - Clarified the space shall be available to any Party for a meeting, whether or not it is related to the water system. Page 6, Paragraph 8A—The Parties will use the state law to divide assets when a city takes territory out of the district. If the Parties do not agree, it will go to court. The provisions for assumption of debt for terminating party will be added. The terminating Party may pay off the debt either in a lump sum at present value or pay every year. When a Party terminates, that is the end of their claim to revenues. Revenues are prorated up to time of termination, this is referenced in Paragraph 7F. Page 7, Paragraph 8C- Instead of dividing up assets, a terminating Party may offer to convey its ownership share of system assets to Tigard and may waive its rights to a division of assets. Page 7, Paragraph 8D -Tigard has the first right of refusal to purchase a Party's share of system assets on that Party's termination. Tigard already has the right of first refusal on this Public Works Building. Page 7, Paragraph 9A—Tigard shall operate and maintain the water system as an enterprise fund. Page 7, Paragraph 9B -Tigard makes all the water supply system supply records available to any Party for inspection and copying at reasonable notice. Page 7, Paragraph 9C -Tigard presents the proposed budget to the 1WB for recommendation prior to Tigard's adoption of the budget. Tigard shall provide a copy of the year-end financial audit to any Party upon that Party's request. Page 7, Paragraph 10 - No change. Annexation is subject to Metro Code and state land use law. In case of boundary changes, the Parties agree to execute all documents in a timely manner. Intergovernmental Water Board Minutes January 13,2010 5 Island annexation is consistent with Metro law; IWB cannot say we will not serve the area. An annexation will change the ownership percentage. Tigard will serve an area if it is annexed. Page 8, Paragraphs 12 & 13 - only housekeeping changes. 9. Future Agenda Items Future agenda items were not discussed. 10. Next Meeting: ■ February 10, 2010 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 10. Adjournment At 7:45 p.m., Commissioner Winn motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. IWB Chair Kathy Mallusky, IWB Recorder Date: D- \.n- 1 l� Intergovernmental Water Board Minutes January 13,2010 6