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The regular meeting of the Board of Directors of the Central Oregon Irrigation District (COID) was called to order by Secretary / Manager Steve Johnson at 9:10 AM on January 12, 2010 at the District Office.  It was noted this meeting also serves as the annual meeting and that the Board sits as a Board of Equalization for the initial part of this meeting.

 

Directors present were Terry Blackwell, Robert Borlen, Tom Burke, Paul Kasberger and Carroll Penhollow.  Also attending were Steve Johnson, Secretary-Manager; Priscilla Ross, Assistant Secretary; Liz Dickson, Attorney, via conference call; John Summers, Hydro Operator; Larry Roofener, Operations Manager; Cary Penhollow, Watermaster; and the guests listed on Exhibit “A”. 

 

After convening the meeting, Steve Johnson asked Robert Borlen, the newly elected Director representing Division 4 (four), Alfalfa, to read and sign his Oath of Office. (Exhibit “B”).  Robert read and signed the Oath of Office for his Division and his signature was notarized.  Steve Johnson then asked for nominations for President of the Board.   Terry Blackwell made a motion to keep standing for 2010 the same slate of officers and committee memberships as 2009.  That motion was seconded by Robert Borlen and then unanimously approved.   Steve Johnson then asked Carroll Penhollow to assume responsibility for moderating the meeting. 

 

That slate of Officers and Committees is as follows:

 

2010 Officers:

Office:                                                  Individual:        

President                                              Carroll Penhollow        

Vice-President                                      Paul Kasberger

Treasurer                                              Terry Blackwell

Secretary Manager                               Steven C. Johnson                   

Assistant Secretary                               Priscilla Ross                           

 

2010 Board Committees:

 

Budget: All Board Members

Comprehensive & Business Planning:

Terry Blackwell, Paul Kasberger and Carroll Penhollow will serve on a rotational basis

Conservation/25K Committee: 

Robert Borlen, Paul Kasberger

ESA/DWA:      Robert Borlen, Carroll Penhollow

Finance:            Terry Blackwell, Tom Burke

Labor:              Robert Borlen, Carroll Penhollow

Real Estate:      Terry Blackwell, Paul Kasberger and Carroll Penhollow will serve on a rotational basis

Transfers:         Carroll Penhollow, Paul Kasberger

 

Robert Borlen moved to accept Resolution 2010-1 (Exhibit “C”) giving authorization for the following individuals to be check signers for 2010:  Steve Johnson, Cary Penhollow, Leslie Clark, Larry Roofener and Board Chairman, Carroll Penhollow.  The following individuals are authorized to perform Electronic Financial Transactions at Bank of the Cascades for 2010: Priscilla Ross, Janet Brown, and Jenny Hartzell-Hill.  Steve Johnson and Priscilla Ross are authorized to perform electronic transactions at the Local Government Investment Pool.  The motion was seconded by Tom Burke and passed unanimously.

 

After Carroll Penhollow read Resolution 2010 – 2 (Exhibit “D”), a motion was made by Terry Blackwell to accept that Resolution giving authorization to the Investment Committee to make investment decisions and authorize transactions for the District on a standard investment level.  The motion was seconded by Tom Burke and passed unanimously.

 

Resolution 2009 – 3 (Exhibit “E”) documented Line of Credit Authorization for the Bank of the Cascades.   The motion to approve that Resolution was made by Terry Blackwell, seconded by Tom Burke, and unanimously passed.

 

Priscilla Ross reviewed the memorandum regarding the Board’s annual review of District Policies (Exhibit “F”).  It was noted that each of the Board members had received a copy of the District’s Personnel Policies prior to the January 2009 meeting and that no changes had been made to that document in the interim.  The page numbers for the specific policies to be reviewed were noted on the memorandum.

 

The Board then addressed the regular agenda for the meeting:

 

2.         OPEN FORUM:       

Ryan Lane informed the Board that he represents a couple of different interest groups regarding disc golf and that he was appearing before the Board to provide information about disc golf and to start a dialogue about the potential of using District owned property off Brookswood Avenue in Bend for a disc golf course.  The Board expressed consensus that the following issues must be addressed before any consideration could be given to such a request:

·   The impact of increased foot traffic in the area on SPP Operations and on the future use of the land.

·   Access and egress to the property.

·   Identifying the responsible party / parties for supervising activities and ensuring the property is properly maintained.

·   Identifying the entity liable for maintaining liability insurance for this activity.

Terry Blackwell proposed that staff investigate this request further.  Steve Johnson responded that he will contact Ryan within the next month to discuss this situation in more detail and will report back to the Board.

 

3.         MINUTES:

Robert Borlen made a motion to approve the minutes for the December Regular Session Board Meeting as submitted.   Following a second by Tom Burke, the motion passed. 

 

4.         TRANSFERS/INCLUSION:           

Carroll Penhollow reviewed the following transactions with the Board.  (Exhibit “G”)

After noting that there were no transfers on either the PBC or the COC during December, he reported that COID had purchased 5.0 acres on the PBC and 1.50 acres on the COC.  A motion to approve the Notice for Petition for Inclusion by Kim Ward LLC was made by Robert Borlen and seconded by Tom Burke.  The motion passed unanimously.  It was noted that the approval of the actual petition will be on the February agenda following the required public notice requirements.

Steve Johnson reported that current water pricing is $900 per acre on the PBC and $1,000 per acre on the COC.  Following discussion regarding water right management objectives, a decision was made to schedule a Special Board Meeting to more fully discuss this topic.

The Confiscation Policy Amendment and 2009 Beneficial Use memo prepared by Laura Wollam (Exhibit “H”) was reviewed.  It was noted that later in the meeting the Board would be asked to approve the amended Beneficial Use and Confiscation Procedures that are attached to the memo.   The legend for the attached schedule denoting 2009 Nonuse for Beneficial Use letters is as follows:

“P” -    Partial Use

“D” -   Dry

“F” -   Full Use

“I”  -   Instream

“N” -  No Report for period listed

 

5.         REPORTS:

            A.        Water Report –

A written report (Exhibit “I”) was mailed to the Board prior to the meeting.   

B.         Operations and Maintenance Report –

A written report (Exhibit “J”) was mailed to the Board prior to the meeting.   Larry Roofener informed the Board that a large sinkhole had presented in the COC between Butler Market Road and Ward Road sometime late last week.  Andy Siemens has been hired to do electronic imaging to try to determine what caused the sinkhole and to identify any other structural sub-surface voids along this stretch of canal.  Steve Johnson said that he has contacted personnel at the Bureau of Reclamation to obtain some recommendations for fixing this sinkhole as it’s larger than anyone currently on staff has seen.

C.        Hydro Report –

A written report (Exhibit “K”) was mailed to the Board prior to the meeting. 

D.        Manager Report –

Steve Johnson distributed the Juniper Ridge Project report (Exhibit “L”) at the beginning of the meeting.  He reported that an additional $250,000 of grant money has been obtained from the Bureau of Reclamation.  Following his and Suzanne Butterfield’s testimony at ODOE, a decision was made not to change the interest rate for preexisting BETC’s.

A written report (Exhibit “M”) was mailed to the Board prior to the meeting. 

E.         Finance Report

A written report (Exhibit “O”) was distributed to the Board prior to the meeting.

 

Carroll Penhollow closed the Board of Equalization at 12:05 PM.

 

6.         BILLINGS & PAYROLL:  Robert Borlen moved to accept the payroll registers and billings as presented. The motion was seconded by Tom Burke and passed unanimously.

 

D.                 Manager Report –  (cont.)

Carroll Penhollow asked to review the schedule detailing the Badlands Land Exchange that was included with the Manager’s Report (Exhibit “N”).  COID’s cost for this exchange will be $8,300 as the Cadastral Survey has been removed from the scope of work.

 

The Board recessed for lunch at 12:10 PM and reconvened at 12:40 PM.

 

7.         OLD BUSINESS: 

·        Juniper Ridge Hydro Update – Interconnection Agreement  (Exhibit “P”)

Steve Johnson reported that the Agreement is within budget.   PacifiCorp has included a clause in Form 8 of the agreement stating that “Property is to be transferred to Public Utility through either perpetual lease or fee ownership.” 

 Following discussion the Board expressed consensus with Liz Dickson’s suggestion that a “right of reverter” clause that executes on termination of the facility be added to the agreement.  Terry Blackwell made a motion to approve the Interconnection Agreement subject to the insertion of the right of reverter clause and to authorize Carroll Penhollow to sign that amended agreement.  The motion was approved following a second by Robert Borlen.

 

 

·        Special Districts / OWRC Board of Director Training

Priscilla Ross reminded the Board of this training that will be on January 28th at the Riverhouse in Bend. 

·        2010 Operating Budget - Approval (Exhibit “Q”)

Robert Borlen made a motion to approve the 2010 Operating Budget.  Terry Blackwell seconded the motion that was then unanimously accepted.

 

8.                  NEW BUSINESS:

·        Resolution 2010 – 4  Amendment to Confiscation Policy   (Exhibit “R”)

Following Carroll Penhollow’s reading of this Resolution addressing the Policy that was discussed during the discussion on Transfers and Inclusion, a motion was made by Robert Borlen to approve the Resolution.  Terry Blackwell seconded the motion that was unanimously approved.

·        2010 Capital Budget  (Exhibit “S”)

Priscilla Ross noted that the budget as presented did not include $25,000 to be used to replace the damaged fish screens at Crane Prairie Dam.  A motion was made by Robert Borlen to approve the total capital budget of $464,302.90.  The motion was seconded by Tom Burke and unanimously passed.

·        2010 SPP Budget  (Exhibit “T”)

This budget was approved following a motion by Robert Borlen and a second by Tom Burke.

·        2009 Annual Report Timing

The Board approved presenting the 2009 Annual Report at the April Regular Board meeting. 

·        Schedule Town Hall Meetings

Subject to facility availability COID Town Hall meetings are scheduled for:

§         February 23rd, Terrebonne Grange, 6:30 PM

§         March 2nd, Powell Butte Church, 6:30 PM

·        Schedule Strategic Planning Special Session

The Strategic Planning Special Session will be held immediately following the Regular February Board meeting which will start at 8:00 AM and will address cash flow planning.

·        NUID Interdistrict Transfer Agreement (Exhibit “U”)

Steve Johnson distributed this draft agreement noting that he had made edits to same.  This agreement will be used as the basis for discussion when the Transfers Committee meets with NUID next week.

 

Carroll Penhollow recessed the Regular Session of the COID Board at 2:55 PM to convene in Executive Session per

 

  • ORS 192.660(2)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions.
  • ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.

 

Regular Session was reconvened and then adjourned at 3:30 PM following a motion by Terry Blackwell that was seconded by Robert Borlen.

 

 

 

 

ATTEST:                     CENTRAL OREGON IRRIGATION DISTRICT

 

 

 

_________________________________         ________________________________

Steven C. Johnson, Manager                               Carroll Penhollow, President

 

 

_________________________________         _________________________________

Terry Blackwell                                                   Robert Borlen           

 

 

_________________________________         _________________________________

Thomas Burke                                                     Paul Kasberger