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02/17/2010 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes February 17, 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 Scheiderich Member At-Large Members absent. None Staff Present: Public Works Director Dennis Koeliermeier Utility Division Manager John Goodrich IWB Recorder Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:34 p.m. 2. Approval of Minutes—January 13, 2010 Commissioner Buehner motioned to approve the January 13, 2010 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. 3. Public Comments: None 4. Elect the Member At-Large Position Commissioner Carroll asked for nominations for the member at-large position. Commissioner Winn nominated Michael Stone, Commissioner Carroll seconded. The nomination was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. Commissioner Henschel requested staff send a letter to all the applicants thanking them for their interest. 5. Credit for Leak Adjustment Mr. Goodrich explained the credit for leak adjustment requests for Autumn Hill Homeowners Association and Gretchen Downey. Commissioner Carroll asked if there were any objections. Hearing none, Commissioner Carroll moved to approve both credits for leak adjustment. The credits for the water leaks Intergovernmental Water Board Minutes February 17,2010 1 were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. 6. Water Supply Update • Mr. Goodrich reported that water demand is currently 4.3 million gallons per day (mgd). We have injected 21 million gallons of water into Aquifer Storage and Recovery (ASR) 1. This is about 20% to the goal of 199 million gallons of water; we have until May to reach the goal. ASR 2 has reached the goal of 160 million gallons of water. • Commissioner Carroll inquired if it was possible to fill both ASR wells at the same time and if it would cost more. Both ASR wells can be injected at the same time and the cost is the same. 7. Permit Amendment for Groundwater Registration • Mr. Goodrich supplied groundwater modification information at the last meeting. The IWB Board wanted more information, for instance, if the modifications could be done under a joint tenancy agreement. The Oregon Water Resources Department(OWRD) needs an affidavit of consent from TWD, the name holder. OWRD provided a new application sheet for all four signatures. Mr. Goodrich provided a copy of the actual modification of the ground water modification for anyone who wanted to view it. • The City is asking for a widening of the diversion points, of where water can be drawn out of the ground. These water rights will have to be adjudicated in the future. Currently, OWRD is treating them as unpermitted water rights. • Mr. Goodrich met with the TWD, February 9, to provide them with information regarding these water rights and to answer any questions. • Mr. Goodrich has the permit amendment application for signatures. The IWB Board needs to decide if they are comfortable signing or if they have to bring to each individual council. TWD is not comfortable signing without their attorney's approval. • Commissioner Carroll inquired as to how we are able to withdraw water from the ground if we have no water rights. Mr. Koellermeier explained the process. First, the hole is dug, then you have to run the well and show beneficial use -what areas it will serve, then the state issues water rights. Tigard is in a critical groundwater zone area. At this time, no one else can apply for water rights in our area. Municipal water rights are different, as they do not go with property. Groundwater registrations are different because they were issued before the permit and certificate process was law. • The Lake Oswego water rights stay in Lake Oswego's name. They commit so much water to Tigard. Tigard is in the area of beneficial use. • Mr. Koellermeier clarified that the intent of the IWB is that groundwater rights are viewed as system assets in the IGA. We still have to do work to modify with OWRD. The reassignment will be done in joint tenancy. 8. Informational Items a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. • Commissioner Buehner requested that the FY 10-11 budget be submitted soon so it could be available for the committee budget meetings. Tigard's goal is to bring the City water budget, which will include Lake Oswego cost, to the IWB in March. • The committee received a presentation on the public information outreach program. Part of the program is a video on the website. • The Lake Oswego/Tigard oversight committee is working to set up a citizen group. One or two citizens, in addition to one or two members of the IWB, should be our committee. Intergovernmental Water Board Minutes February 17,2010 2 • Commissioner Buehner met with the group running the outreach program to talk about what happened with the Willamette project. This could help with planning for the outreach program. b. Tigard Water District Board Voting Requirements • This item was not addressed during the meeting. 9. Non-Agenda Items • The IWB was invited to the Clackamas River Consortium meeting March 3. It is an update on the watershed and how it is being managed on the Clackamas River. • Mr. Koellermeier recommends we find two citizens who are not knowledgeable about water business and a couple of IWB members. The goal is that we send four members to the sounding board to help validate the treatment option process. The IWB Board should appoint two members. The Board recommended Commissioner Henschel and Commissioner Stone. • Commissioner Winn reported on the West Bull Mountain Technical Advisory Committee meeting. It would cost Tualatin Valley $25 million to serve Areas 63 and 66; it would cost Tigard $8 million. Washington County is spending a lot of money on planning. They are going to make it an ordinance so it has weight. Metro council, no matter what the county does, must approve the plan. There are two issues -transportation and water issues. Tigard has planned for the area, except for the urban reserve piece. 10. 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 • Page 1, Section 1A— Commissioner Scheiderich will put system assets definition in agreement. • Page 2, Section 1 C- System revenues are to be disbursed annually. • Page 3, Section 3 -A Party notified that a position is vacant because someone is not showing up shall promptly appoint a replacement. • Paae 5, Section 7A—This is proposed language. The Parties have equitable shares. Tigard shall issue bonds in its name and will let the issuer know the other members have ownership shares. • Page 6, Section 7D - If anything is sold, Tigard will keep the revenue in the Water Capital Improvement Fund, not the general fund. Commissioner Scheiderich will remove the word "trust"for clarification. • Page 6, Section 7F— Each party shall be entitled to dispose of its percentage of annual revenue collected from customers within that Party's boundary. Commissioner Henschel would like "by written direction" (third line) deleted. • Page 6, Section 7G —Added whether or not the meeting is related to the water system, the IWB members may use the meeting space. • Page 7, Section 8A— Commissioner Scheiderich added a note to add provisions for assumption of debt. This relates to what happens when a city withdraws territory from the district and the district has debt. The area withdrawn must pay the debt either up front or over so many years. • Pace 7, Section 8B —This makes an exception for 7F. All revenue generated is pledged for use for the water system except the percentage mentioned in 7F. • Page 7, Section 8D— Mr. Koellermeier will get the date of the lease to Commissioner Scheiderich to put in the IGA. Intergovernmental Water Board Minutes February 17,2010 3 • Page 8, Section 10 — if there are any changes in the service area, the Parties agree in good faith to execute any documents. • Page 9,Section 14 - Multiple counterparts mean we can have separate signature pages. The effective date will be when Tigard signs or when everyone signs. Commissioner Scheiderich will put as an issue. ® Next month will be Commissioner Carroll's last IWB meeting. The new appointee will begin in May. Commissioner Scheiderich will remain as Durham city attorney, so he will not be out of the picture. ■ Commissioner Winn asked the City of Tigard to run the IGA through their legal before the other cities. After the City of Tigard completes their review, then the TWD needs to run it by their legal. After TWD finishes, the rest of the lWB members will discuss the issues. Issues Remaining: ■ Lake Oswego system assets - Commissioner Carroll wants it stated that what we are building is a system asset and everyone has a share. Look at both agreements and define as system asset wherever located. Commissioner Scheiderich could define in the agreement that if purchases are made with water system revenue, it is a system asset and all IWB members have a percentage ownership in it wherever located. ■ Page 6, Section 7F— Commissioner Henschel wants the percentage changed. Page 9, Section 14 - Commissioner Scheiderich — is the effective date when signed by Tigard or when everyone signs? 11. Future Agenda Items * The Water Rate Study will not be done next month. 12. Next Meeting: ■ March 10, 2010 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 13. Adjournment At 7:05 p.m., Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. =R�U� IWB Chair Kathy Mollusky, IWB R order Date: Intergovernmental Water Board Minutes February 17,2010 4