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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 8:07 AM on February 9, 2010 in the District office.

 

Directors initially present were Robert Borlen, Tom Burke, Paul Kasberger and Carroll Penhollow.   Terry Blackwell arrived at 10:00 AM.  Also attending were Steve Johnson, Secretary-Manager; Liz Dickson, Attorney; Priscilla Ross, Assistant Secretary, Larry Roofener, Operations Manager, and Cary Penhollow, Watermaster.  John Summers, Siphon Power Plant Operator, arrived at 9:00 AM.   No visitors attended the meeting.

 

1.         OPEN FORUM   - No issues were presented.

 

2.         MINUTES: 

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

 

3.         TRANSFERS / INCLUSIONS:       

Carroll Penhollow reviewed the following transfers with the Board.  See Exhibit “A”. 

 

PBC Permanent:                                            Total               -0-

 

COC Permanent:                                           Total               6.30

COID Quitclaim (Waibel)                                                         1.50   Off

COID Quitclaim (Carder)                                                         1.00   Off

COID Quitclaim (Marshall)                                                       0.345 Off

COID Quitclaim (Gibson Airpark)                                            3.455 Off

Ward ::C                                                                                  6.30   On

 

It was noted that 5.20 acres of water on the PBC from the Green Pastures Senior Cooperative was quitclaimed to COID during January.   Carroll Penhollow made a motion to approve the transfers as reported.  Robert Borlen seconded the motion which was then unanimously passed.  The Order for Inclusion regarding the Petition for Kim Ward was approved at the January Board meeting and will be final today.

 

There was minimal attendance at the beneficial use patron meeting held on February 2nd.  However, staff informed the Board that they believe these meetings are worthwhile and that COID is staying proactive about working with patrons regarding the beneficial use of their water rights.

4.         REPORTS:

            A.        Water Report –

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

B.         Operations and Maintenance Report –

A written report (Exhibit “C”) was mailed to the Board prior to the meeting.   Jeremiah Fender showed pictures of the COC collapse and repair.  Following distribution of two reports prepared by Andy Siemens (Exhibit “D”) documenting the cause of the collapse and recommendations for repair, it was noted that similar analyses would have to be completed in the event of another collapse due to the varied nature of the geology in the area.  Jeremiah reported that COID is working with the City of Redmond on canal crossing improvements at Odem Medo.  COID staff had previously worked with the City to define pipe specifications to mitigate the risk of operational problems being created as a result of these changes.

C.        Hydro Report –

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

D.        Manager Report –

The written Manager’s Report (Exhibit “F”) was mailed to the Board prior to the meeting.   The following items were highlighted:

·        House Bill 3649, allowing for non-utility owned power projects built prior to 1995 to be eligible for the Oregon Renewable Portfolio Standard, has been introduced and may be passed in the current Short Session.

·        House Bill 3680, amending the BETC, may not impact pre-certified hydro projects.

·        The City of Redmond has finalized the Trail Agreement that the Board reviewed as part of the Manager’s Report in the August 2009 Board meeting.    A motion was made by Robert Borlen to authorize Steve Johnson to sign this Agreement.  Tom Burke seconded the motion that was then unanimously passed.

·        The Lone Pine Conserved Water Project was not approved.  Discussion ensued regarding the importance of having Deschutes Basin irrigation districts involved in Basin water management and that this proposed project was an example of an outside entity proposing water projects that are not in the Districts’ best interests.  The Board expressed consensus that they, as a group, need to communicate this concern to DRC management.

·        Regarding the ODFW Fish Passage Agreement - Robert Borlen stated that in his opinion COID should obtain a written statement from ODFW detailing any potential financial impact they might have on future COID projects before they are committed.

 

 

E.         Finance Report

A written report (Exhibit “G”) was distributed to the Board prior to the meeting.   Priscilla Ross informed the Board that she was maintaining the cash balance at BOTC close to FDIC limits given the current banking situation.   She also reported that she will be meeting with a banking representative from a national bank within the month to research opening another line of credit.    The Preliminary 2009 Year-End Profit and Loss Statement for COID Operations (Exhibit “H”) was distributed at the meeting.

 

5.         BILLINGS & PAYROLL:  

Paul Kasberger moved to accept the payroll registers and billings as presented. The motion was seconded by Robert Borlen and passed unanimously.

 

6.         OLD BUSINESS

  • Juniper Ridge   

Steve Johnson distributed the Juniper Ridge Project Report (Exhibit “I”) noting that this report was prepared after the weekly Friday project meeting so would always be distributed at the Board meeting.

    • The Energy Trust of Oregon has provided a $25,000 matching grant for a preliminary design study on Phase 2 of the Juniper Ridge Project.  (Exhibit “J”)
    • The Order Granting Exemption from FERC Licensing (Exhibit “K”) was issued on January 12, 2010.
    • ODOT finalized the Indenture of Access (Exhibit “L”) modifying the access to the Juniper Ridge Hydro site.
  • ODWF Fish Passage Agreement  (Exhibit “M”)

This agreement between COID, Swalley ID, and NUID was finalized on February 1, 2010.  Conditions of this agreement state that the Districts are responsible for providing $400,000 of cash or prepaid “in kind” towards the construction of a fish passage facility at the NCDD with ODFW providing $600,000.  The Districts have until 2015 to provide the funds.  Steve Johnson noted that Swalley ID, NUID, and ODFW have already signed the agreement.  Terry Blackwell made a motion that was seconded by Tom Burke to authorize Steve Johnson to sign said Agreement.  The motion passed unanimously. 

  • Resolution 2010-4  Amendment to Confiscation Policy 

This Resolution, approved at the January 2010 Board meeting, was signed and is filed with the January 2010 meeting minutes.

 

7.         NEW BUSINESS

  • Approve SPP Excess for 2009  (Exhibit “O”)

A motion was made by Paul Kasberger and seconded by Robert Borlen to approve the SPP Excess for 2009 of $1,212,418.  The motion was unanimously passed.

 

 

  • Electronic Notebooks for Board Members

Terry Blackwell stated that he would prefer to have all the documentation related to COID Board meetings in electronic format.  As he was the only Board member currently wishing to make that conversion from paper, a decision was made to purchase only one electronic notebook at this time.

  • Swalley Request for Water

Steve Johnson distributed a letter from Suzanne Butterfield (Exhibit “P”), the manager at Swalley Irrigation District, asking COID to consider leasing Swalley 210 acre feet of water during the 2010 season.  Steve stated that no action was currently needed on this request as Suzanne will attend the March COID Board meeting.  Following discussion the Board concurred that potential approval of this request would be conditional upon:

1.      The Junior water users approving the lease and

2.      Acknowledgement that this lease would be only for a one (1) year commitment.

 

8.         BOARD OF DIRECTOR COMMENTS

 

None

 

Carroll Penhollow adjourned the Regular Session of the COID Board at 11:18 AM to meet 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.

 

Following the adjournment of the Executive Session, a motion was made by Robert Borlen to adjourn the Regular Session at 12:00 PM.  Paul Kasberger seconded that motion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTEST:                     CENTRAL OREGON IRRIGATION DISTRICT

 

 

 

_________________________________         ________________________________

Steven C. Johnson, Manager                               Carroll Penhollow, President

 

 

_________________________________         _________________________________

Terry Blackwell                                                   Robert Borlen           

 

 

_________________________________         _________________________________

Thomas Burke                                                     Paul Kasberger