CENTRAL OREGON IRRIGATION DISTRICT

BOARD OF DIRECTORS MEETING

August 8, 2006

 

The regular meeting of the Board of Directors of the Central Oregon Irrigation District (COID) was called to order by President Carroll Penhollow at 9:04 AM on

August 8, 2006 in the District office.

 

Directors present were Carroll Penhollow, Paul Kasberger, John Robbins and Mike Blake.  Tom Burke was absent.  Also attending were Steve Johnson, Secretary-Manager; Liz Dickson, Attorney; Priscilla Ross, Assistant Secretary, Bob Beal, Hydro Engineer, Cary Penhollow, Watermaster and the visitors shown on Exhibit “A”.

 

1.         OPEN FORUM  

Al Dertinger, a patron from Terrebonne, informed the Board of two issues he has with his deliveries:

·        There is water loss around the head gate on Mr. Dertinger’s property.  He said that some repair work was completed prior to season and he was told the work would be finished later.  No one has contacted him regarding the completion of the work.  Steve Johnson told Mr. Dertinger that he would discuss this situation with Larry Roofener, Maintenance Foreman, and that Larry would contact Mr. Dertinger to schedule an approximate repair time after season is closed.

·        Mr. Dertinger reported that he has an issue with tail water generated by the neighbor that shares his rotation.  The neighbor uses Mr. Dertinger’s pond without permission and floods his property.  Mr. Dertinger has put in gated pipe and now has more than adequate water to irrigate.  Mr. Dertinger said that this neighbor has refused to cooperate with him and he wants to know what options he can use to resolve the issue.  Following discussion with Cary Penhollow and Allen Goodman, patrolman for that beat, a decision was made to reduce the amount of water on the rotation.  Cary and Allen will also investigate the possibility of changing rotation times to mitigate the problem.  Cary will contact the neighbor on the rotation to work on problem resolution.       

 

After Mr. Dertinger left the meeting, discussion ensued regarding federal, state and the private land owner’s rights in relation to rotations.  Liz Dickson reported that her office is currently working on a project to assemble all available documentation related to rotation “authority”.  When completed, COID will be given a legal frame regarding rotations.  It will then be the Board’s responsibility to set specific rotation policy.

 

2.         MINUTES

Mike Blake made a motion, seconded by John Robbins, to approve the minutes as submitted.  The motion passed unanimously.

 

3.         TRANSFERS / INCLUSIONS:       

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

 

PBC Permanent:                                            Total                                     0 .20                 

Dodson                                                                                                          0.20 Off

Dodson                                                                                                          0.20 On

 

COC Permanent:                                           Total                                   10.80

COID (Bischoff)                                                                                             2.00 Off

Bischoff                                                                                                          0.50 Off

Bischoff                                                                                                          2.50 On

Hughes                                                                                               3.33 Off

Hughes                                                                                               3.33 On

 

Carroll Penhollow moved to approve the transfers as reported.  The motion was seconded by John Robbins and passed unanimously.   

Notice was given to the Board that the District purchased 8.50 acres irrigation water right on the PBC and 2.30 acres irrigation water right on the COC.   Water right values are maintaining at $1,000 per acre on the PBC and $2,000 per acre on the COC.

 

Steve Johnson informed the Board that there are 31 water right petitions, involving 200+ land parcels, which must be “proved up” by October 1, 2006.  COID will be using a contractor to get through this process.  

Currently COID is filing the petition after a water right is sold whereas many other Irrigation Districts are not filing petitions until after the water right is “proven up”.  Steve Johnson proposed that the Board adopt a policy change to require a legal document, an irrigation contract, be recorded at the time of the property sale.  This contract would detail the buyer’s responsibilities including 1) the requirement to prove up the water right within a year and 2) the buyer’s obligation to pay any extension and/or water right exit fees if required.   A motion was made by John Robbins to approve the adoption of such a contract subject to legal counsel review.  The motion was seconded by Mike Blake and passed unanimously.  A formal resolution will be presented to the Board for signature at the September 2006 Board meeting as well as a copy of the revised contract.

 

4.         REPORTS:

            A.        Water Report –

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

B.         Engineering Report –

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

Following discussion about needed capital projects and the difficulty involved in long-term project planning, the Board asked management to provide more information about these proposed projects including estimated cost, potential funding source and project priority, based on projected benefit, which could be used to facilitate planning.  Segregating projects by purpose – water conservation versus maintenance – would also be beneficial.  Steve Johnson responded that he would work with staff to generate this schedule.

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. 

 

Marla Gibson and Randall Etter entered the meeting at 11:45 A.M. and asked to be heard.  Marla informed the Board that two different issues on her rotation had created financial loss for her and she wanted remedy from the Board.  After discussion, Steve Johnson told Marla that both issues should have been initially reported to management for resolution, not submitted to the Board.  COID’s point of delivery will be verified and Steve will confer with COID legal counsel to determine whether or not they can represent Marla in a civil action against her neighbor over tailwater.

 

            E.         Financial / Accounting Report –

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

            F.         Manager Report –

The written Manager’s Report (Exhibit “H”) was mailed to the Board prior to the meeting.

Steve Johnson informed the Board that Duane Wolfersperger, Shop Foreman, and Larry Roofener, Maintenance Foreman, had submitted a report explaining the need to install a crane and hoist system in the shop.  The bid to install this system is currently about $40,000.  Steve asked them to provide information about other options. 

 

5.         BILLINGS AND PAYROLL

 

Billings and payroll were approved following a motion by Paul Kasberger.  John Robbins seconded the motion that was then passed unanimously.

 

6.         OLD BUSINESS

·        Avion Agreement Update

Steve Johnson reported that he has not talked to Jan Wick of Avion for over a month but that COID is working on a DIP to document the agreement.  Steve expects to have this report to Jan within the next month and to review it with the Board at the September Board meeting.

·        Developer Quitclaim Policy Change

Current COID policy allows developers to hold water rights for one year before disposition is necessary.  Given the pace of development COID management is recommending that the Developer Quit Claim Policy be amended to require the developer release water rights at the time of signing.  Resolution 2006-12 (Exhibit “I”) requires that water rights be sold to an approved COID buyer before COID staff are allowed to sign the final partition for development.  This resolution was unanimously approved following a motion by Paul Kasberger that was seconded by Mike Blake.

·        Review Kemnitz Assessment Repayment Proposal

Priscilla Ross presented the repayment schedule Mr. Kenmitz had signed to avoid foreclosure.  The Board approved this schedule following a motion by Paul Kasberger that was seconded by John Robbins with the understanding that if Mr. Kenmitz defaults on this plan, foreclosure proceedings would be initiated.

 

7.         NEW BUSINESS

·        Resolution 2006-11 for Visa Card Changes  (Exhibit “J”)

Paul Kasberger made a motion to approve these increases in credit limits.  The motion was seconded by John Robbins and passed unanimously.

·        COID Conservation Policy Discussion

Steve Johnson reminded the Board that a conservation policy was adopted last year due to an Oregon Statute change.  Tom Walker of Brasada Ranch informed Steve that Brasada Ranch is conserving water due to the system they are proposing for the golf course and is requesting that part of that water right be subject to the conservation policy.  During discussion the Board questioned the validity of this project as a valid conserved water project in that it did not result from improving transmission loss.  Board consensus was that an adjudicated water right should not be altered.

 

Carroll Penhollow adjourned the Regular Session of the COID Board to Executive Session at 2:08 PM per

·        ORS 192.660(2)(a) to consider the employment of a public officer, employee, staff member or individual agent.

·        ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations

·        ORS 192.660(2)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions

 

 

A motion was made by Paul Kasberger and seconded by Mike Blake to adjourn the Board meeting at 3:25.  The motion passed unanimously.