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The regular meeting of the Board of Directors of the Central Oregon Irrigation District (COID) was called to order by President Carroll Penhollow at 9:05 AM on
May 8, 2007 in the District office.
Directors present were Carroll Penhollow, Paul Kasberger, Tom
Burke and Robert Borlen. John Robbins was absent. Also attending were
1. OPEN FORUM
Wallace and Lorene Keller, patrons from Terrebonne, were invited to speak. They introduced Ken Caudell, also a patron from Terrebonne, and said that he would speak for them. Mr. Caudell stated that he and the Kellers live at the end of the H-14 project and that, due to problems within the project, they have not received their appropriate water allotment for the last three years. Stuart Keyte informed the Board that H-14 is a sublateral that was piped three years ago. Piping was beneficial in that it reduced the number of rotations. Patrons living at the bottom of the project can have controlled water deliveries. According to Stuart, control of water deliveries at the top of the pipe is not possible because one patron has installed a pump to the pipe that interferes with adequate water passing to the top of the pipe. This has been a problem for the last three years. Steve Johnson said that staff has contacted Cascade Pump and asked them to evaluate the situation and determine whether or not an effective mechanical control could be installed that would control this patron’s delivery. If it is not viable to implement a mechanical control, this patron’s direct connection of their pump to the H-14 pipe will be severed if he continues to use water irresponsibly.
The Board expressed consensus that this situation must be remedied as soon as possible to allow the Kellers and Mr. Caudell to receive their due water. Steve Johnson and Liz Dickson emphasized that, as a governmental entity, COID must provide all patrons due process and that the District should have policy supported by statutory authority to address situations when patrons abuse their water right. The Board asked staff to pursue a mechanical resolution to this situation but emphasized that the problem must be resolved within the month. Steve Johnson concurred with this plan.
After the Kellers and Mr. Caudell
left the meeting, discussion ensued regarding the problems some growers,
particularly those on the
2. MINUTES:
Robert Borlen made a motion to approve the minutes as submitted. Following a second by Tom Burke, the motion passed unanimously.
3. TRANSFERS / INCLUSIONS:
Carroll Penhollow reviewed the following transfers with the Board. See Exhibit “B”.
PBC Permanent: Total .30
Darms .30
Off
Darms .30 On
COC Permanent: Total 1.33
Dolan 1.33 Off
Dolan 1.33 On
Carroll Penhollow made the motion to approve the transfers as reported. The motion was seconded by Tom Burke and was then passed unanimously.
Carroll Penhollow reviewed the following water right transactions:
· 3.20 acres on the PB Canal and 4.70 acres on the CO Canal were quitclaimed to COID.
· Last month the Board approved a temporary transfer of 110 to 120 acres for Brasada allowing staff time to determine final transfer acreage. That has been completed and the final transfer was 117.2 acres.
In March the Board approved Inclusion Petitions filed by
Jennifer Wilson and
During April there were two new applications for one-year
instream leases totaling approximately 2.80 acres on the COC. The City of
4. REPORTS:
A. Water Report –
A written report (Exhibit “C”) was mailed to the
Board prior to the meeting. It was noted that North Unit Irrigation
District is experiencing difficulties with their pumps in the
B. Engineering Report –
A written report (Exhibit “D”) was mailed to the Board prior to the meeting.
C. Maintenance Report –
A written report (Exhibit “E”) was mailed to the Board prior to the meeting.
D. Hydro Report –
A written report (Exhibit “F”) was mailed to the Board prior to the meeting. Bob Beal presented charts detailing average power production by month for the last 17 years.
E. Manager Report –
The written Manager’s Report (Exhibit “G”) was mailed to the Board prior to the meeting. Steve Johnson distributed a copy of a Discretionary Letter of Prosecution (Exhibit “H”) dated May 4, 2007 sent to the seven Central Oregon Irrigation Districts by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). This letter is very significant in that it states NOAA will not pursue any legal remedies against the Irrigation Districts regarding unauthorized “take” of threatened fish that will be reintroduced into the Crooked River, Whychus Creek and potentially other streams in the Deschutes Basin under the Endangered Species Act (ESA) as long as the Districts continue to move forward with defined conservation measures.
5.
6. OLD
BUSINESS:
None
7. NEW BUSINESS:
ODOT is planning to improve Highway
126 East of Sisters to Helmholtz in
Carroll Penhollow read this Resolution authorizing COID to foreclose on specific properties as a result of unpaid delinquent charges and assessments. A motion was made by Robert Borlen and seconded to Paul Kasberger to approve this Resolution. The motion was passed unanimously and the Board members in attendance signed the Resolution.
The Board expressed consensus with management’s recommendation to adopt a $2,000 medical deductible insurance plan for 2007 / 2008 with COID self-insuring the second $1,000 of the plan. Management’s recommendation was based on the results of an informal employee poll taken to determine the District’s potential self-insurance liability. Results indicated that there is reasonable probability that the self-insurance liability would not exceed $12,000 per year. (Exhibit “J”) Based on insurance cost forecasts, management proposed and the Board agreed that the next Union agreement should have a term to May 31, 2010.
Steve Johnson explained that this Resolution was needed to support the District’s position for future piping projects in the District. After Carroll Penhollow read the Resolution, a motion was made by Robert Borlen for approval. That motion was seconded by Tom Burke and was then unanimously passed. The Board members in attendance signed the Resolution.
Carroll Penhollow adjourned the Regular Session of the COID Board to Executive Session at 1:25 PM per
· ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negtiations
The Regular Session of the COID Board was reconvened at 1:55 PM.
A motion was made by Robert Borlen and seconded by Tom Burke to adjourn the Regular Session. The motion was unanimously accepted.
ATTEST: CENTRAL OREGON IRRIGATION DISTRICT
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Robert Borlen Thomas Burke
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Paul Kasberger John Robbins