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11/28/2007 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes November 28, 2007 Tigard Public Library 2nd Floor Conference Room 13500 SW Hall Blvd. Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member at Large Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Assistant Director Brian Rager Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:36 p.m. 2. Receive and File Minutes from the July 17, 2007, Joint Meeting with Lake Oswego and Tigard City Councils Commissioner Buehner motioned to approve the July 17, 2005 minutes; Commissioner Winn seconded the motion. The minutes were approved by a majority vote, with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes. Commissioner Russell was not at the July 17 meeting and abstained. 3. Approval of Minutes —October 10, 2007 Commissioner Carroll motioned to approve the October 10, 2007 minutes; Commissioner Winn seconded the motion. The minutes were approved by majority vote, with Commissioners Carroll, Russell, Scheiderich, and Winn voting yes. Commissioner Buehner was not at the October 10 meeting and abstained. 4. Public Comments: None 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier summarized the Potential Properties for Tenancy in Common Agreements handout. The handout included information on annexation and the owner of record for the properties and is on file in the IWB record. Intergovernmental Water Board Minutes November 28,2007 1 Commissioner Buehner pointed out that all the annexed properties in which the TWD is listed as the owner of record, were annexed prior to the 1993 intergovernmental agreements (IGAs). Commissioner Russell reported she has been reviewing past TWD minutes. She said, when the IGAs were being created in 1993, the TWD Board was under the impression the assets would be frozen and would remain in the ownership of the jurisdiction on the deed. Commissioners Carroll and Buehner asserted this was contrary to IGAs. The Commissioners discussed various legal opinions on the matter. Commissioner Winn added that the IGAs should govern ownership. Commissioner Scheiderich inquired about the TWD's opinion regarding TWD owner of record properties within the City of Tigard. Commissioner Russell responded that the TWD should remain the owner of record, especially given the pending litigation. She presented a letter requesting the IWB not consider additional tenancy in common agreements until the litigation is resolved. The letter is on file in the IWB record. Commissioner Carroll asserted that the properties in question were purchased from water revenues, and the majority of these revenues were generated from water customers the TWD does not currently represent. If the TWD represented 20 percent of the district, then it only paid for 20 percent of the assets. City of Tigard ratepayers would have paid for the largest share of each of the properties. Commissioner Scheiderich verified that all of the properties in question are dedicated to the use of the water system. Commissioner Scheiderich said that since the additional tenancy in common agreements were not time sensitive, the matter should be tabled until the pending litigation is resolved. He asked for IWB consensus on the matter. Commissioner Winn stated he did not wish to table the issue and said the TWD's actions were disrupting the IWB's business. The Commissioners discussed how long it may take to resolve the pending litigation. Commissioner Buehner said she would agree to set the matter aside as long as it was acted on within six months. Commissioner Scheiderich asked for consensus to table the matter for six months or until the litigation was resolved. Commissioner Carroll concurred with Commissioner Winn's comments, but said he would go along with Commissioner Scheiderich's proposal. Commissioner Russell supported tabling the issue until the litigation is settled. The majority consensus (Commissioners Carroll, Russell and Scheiderich) was to table consideration of additional tenancy in common agreements for six months or until the current litigation between the City of Tigard and the TWD was resolved. Intergovernmental Water Board Minutes November 28,2007 2 6. Discuss Disposition of Property for Burnham Street Improvements- Continued This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier advised the Board of new information: the parcel under consideration is actually part of the water building property and as such falls under the tenancy in common agreement. The entire parcel is approximately 5,560 square feet, with about 2,000 square feet needed for right-of-way. The Board discussed dedicating or selling all or part of the parcel to the City of Tigard. It was not known if the City had any interest in purchasing the property. The Board also discussed how the value of the property might be determined. Commissioner Winn motioned to dedicate the entire parcel as right-of-way. There was no second and the motion was not placed before the Board for consideration. Commissioner Buehner motioned to dedicate the twelve-foot strip and leave the remaining 3,000 square feet in joint ownership; Commissioner Carroll seconded the motion. Commissioner Carroll requested staff investigate whether the City of Tigard was interested in purchasing the remaining portion of the parcel. Commissioner Scheiderich termed this request as a "friendly amendment." The motion passed by a majority vote with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes, and Commissioner Russell voting no. 7. Revised - Elect an IWB Representative to the Washington County Technical Advisory Committee - Continued This item was continued from the Board's October 10, 2007 meeting. Commissioner Scheiderich referred to letter from Washington County Principal Planner Joanne Rice and summarized various newspaper articles. These items are on file in the IWB record. Commissioner Buehner motioned to appoint Commissioner Scheiderich; Commissioner Carroll seconded the motion. Commissioner Scheiderich was appointed to the Washington County Technical Advisory Committee by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. 8. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement (MOA) Mr. Koellermeier explained supporting the MOA will demonstrate to the federal government that the partnership continues to support the Title Transfer Project. The MOA does not require any additional financial commitment. Mr. Koellermeier reported the cost estimate for the project has been updated and the IWB's share of the dam raise and plant expansion is now $87 million. This amount does not include transmission costs which will probably double this estimate. The IWB has between an 11 and 17 percent share in various project components. The share of the water produced would be about 13 or 14 million gallons per day. Commissioner Buehner expressed concern about spending money on this project when the project does not seem to be in the best interest of the ratepayers. Mr. Koellermeier Intergovernmental Water Board Minutes November 28,2007 3 said if the IWB/City of Tigard decide to back out of the project, there may be a way to recoup previous investments. There is a tentative meeting scheduled with the Tigard City Council in February. The goal will be to have information available on all the long-term water options currently under consideration. The Board and the Council may decide to eliminate or sell their interest in some options. Commissioner Russell requested the Board hold off on taking action on the MOA until she shared the document with the TWD's legal counsel. The Board discussed the timeline for considering the MOA and continued the matter to the December 12, 2007 meeting. Mr. Koellermeier explained that there would be a similar timeline issue with the Lake Oswego MOU. It was decided he would furnish this MOU to the TWD Board, so the TWD's representative to the IWB would be ready to take action at the December 12 meeting. 9. Water Supply Options Mr. Goodrich reported the following on aquifer storage and recovery (ASR): • Injection started yesterday into ASR 2 • Winter interruptible water was available as of November 1 • The City of Tigard has 2 1/2 months of injection to reach capacity Mr. Koellermeier: • reported on the construction of Reservoir No. 2 • summarized the Lake Oswego MOU. The timeline is to create a final agreement within six months. • advised the IWB and Tigard City Council may need to disengage from some long-term water options before other options are finalized. 10. Informational Items: None 11. Non-Agenda Items: None 12. Next Meeting - December 12, 2007, 5:30 p.m. Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 13. Executive Session At 6:28 p.m. Commissioner Scheiderich announced there was a request to go into executive session to discuss real property transaction negotiations under ORS 192.660(2)(e). Commissioner Carroll motioned for the Board to go into executive session; Commissioner Winn seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. The Board came out of executive session at 6:34 p.m. Intergovernmental Water Board Minutes November 28,2007 4 14. Adjournment Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. The meeting was adjourned at 6:34 p.m. Greer A. Gaston, IWB Recorder Date: AA1.1 "7 Intergovernmental Water Board Minutes November 28,2007 5