Minutes for July 11, 2000 regular board meeting

REGULAR BOARD MEETING

JULY 11, 2000, 10:00 A.M.

DISTRICT OFFICE

BOARD:                Bill Martin, Bob Morrow, Steve Putnam, Jim Schlueter

STAFF:                  Elmer McDaniels, Shelby Smith, Jan Wickham

ATTORNEY:          Dave Paulson

GUESTS:                Linda Moskowitz, Tom Grimm, Michele Grimm, Greg Mohnen

Chairman Martin called the meeting to order at 10:00 A.M. and appointed Shelby Smith scribe. 

APPROVAL OF MINUTES

Director Morrow made a motion that the minutes of the June 13, 2000 Regular Board Meeting and June 13, 2000 Executive Board Meeting be approved, seconded by Director Putnam, motion carried unanimously.

APPROVAL OF VOUCHER LIST

Director Putnam made a motion that the July 2000 Voucher List be approved, seconded by Director Morrow, motion carried unanimously.

CRESCENT LAKE WATER REPORT

Manager McDaniels reported that Crescent Lake has 83,076 acre-feet, and we are dumping 122 second-feet.  We are pulling 95 second-feet out of the Bend Feed Canal and 100 second-feet out of Tumalo Creek, and letting 7 second-feet go by at Tumalo Creek, and there is 204 second-feet at the Deschutes below Bend (not including Tumalo Creek).        

DISTRICT POLE ON LAIDLAW BUTTE

Manager McDaniels reported that Randy Windlinx, consultant for Cellular One has sent notices out to everyone within 1320 feet of the pole, informing them of a neighborhood meeting to be held Monday, July 17, 2000, at 7:00 P.M., at the Tumalo Elementary School, as required by Deschutes County.  Courtesy notices will also be sent to the District’s water users.  See attached copies of notices.  Tom Grimm asked if the District will be applying for the permits (building, electrical, and pole).  Manager McDaniels said that the applications will be made by the District in conjunction with Cellular One.  Manager McDaniels asked about a pole recently located on Smokey Butte.  Mr. Grimm said he would check into it.  Mr. & Mrs. Grimm and Mrs. Moskowitz left.

Director Putnam asked about the road access.  The County right-of-way for Gerking Market Rd. stops at the District’s property.  Director Schlueter asked why Cellular One can’t use the existing Cascade Pumice road.  Cascade Pumice keeps its gate locked, which would prevent access to everyone else during non-working hours, in case of emergency.   

-2- Minutes of Regular Board Meeting, July 11, 2000

DISTRICT PROPERTY/WRIGHT COBB

Manager McDaniels said that DEA is preparing the legal description, which the District will use to advertise the property, as required by the District’s By-Laws (see attached legal description and Page 6 of the By-Laws).  Attorney Paulson said that he has represented Ms. Cobb in other matters, and will need her written consent to represent the District.  He said that, even though Ms. Cobb has been driving across the District’s property, she cannot continue to do so, because of a law that says one cannot adversely possess against a public entity, i.e., the District.         

PICKUP PURCHASE

Manager McDaniels said he asked for bids from five dealers for a new pickup, and received one bid from Robberson Ford for $20,372.50.  Director Putnam made a motion that the bids be reopened, motion died for lack of a second.  Manager McDaniels recommended that the bid from Robberson Ford be accepted.  Director Schlueter made a motion that the bid from Robberson Ford be accepted, seconded by Director Putnam, motion carried unanimously. 

 DISTRICT POLICY ON COMPENSATION TIME/VACATION

See attached copy of Employee’s Handbook, Page 4, E. Overtime Compensation.  Since at least one employee has exceeded 240 hours of accrued compensation time, Manager McDaniels recommended that employees who are subject to compensation time be paid for hours exceeding 240 hours.  Director Putnam made a motion that employees who are subject to compensation time be paid time-and-a-half for hours exceeding 240 hours, as accrued, and continue to comply with the Employee’s Handbook as written, seconded by Director Schlueter, motion carried unanimously.  According to Attorney Paulson, this does not require a change to policy. 

See attached copy of Employee’s Handbook, Page 5, H. Paid Leaves, Vacation.  The policy currently allows a carryover of 40 hours from one calendar year to another.  The Board suggested changing policy to allow for six weeks accumulation.  Attorney Paulson will prepare language to be reviewed at the next Regular Board Meeting.  He suggested that the employees meet to discuss these changes, and have an employee representative in attendance at the next Regular Board Meeting.            

FOREST SERVICE WORK ON TUMALO CREEK

See attached copy of Bulletin article dated July 4, 2000.  Manager McDaniels concern is that the water level fluctuates with the weather, and the removal of the logjams could result in debris washing down Tumalo Creek.   

CRESCENT LAKE MEETINGS WITH USBR AND FOREST SERVICE

Meetings will be held with USBR and Forest Service at Crescent Lake July 19 and July 27 to discuss dam inspections and other issues involved in the USBR turning the Reservoir back to the District.  Manager McDaniels will talk to Eric Glover with USBR about continuing the Bureau’s inspections.   

-3- Minutes of Regular Board Meeting, July 11, 2000

FLUME #4

Manager McDaniels said that Deschutes County has not issued permits for Flume #4 yet, which would delay construction beyond the available starting time.  He told Kevin Crew with DEA to go ahead with Project 3B.  Director Morrow expressed concern that if the money is spent on Project 3B, Flume #4 might not be financially possible.  Manager McDaniels said that the Project 3B section probably leaks more than any other section on the Bend Feed Canal, and there are houses located in that area that could pose a liability.  Director Morrow said there are liability situations all over the District, and he felt that Flume #4 should be the priority.     

VANDALISM AT THE DIVISION

Manager McDaniels said there was vandalism at the Division Pond over the weekend.  Someone beat the padlock off the gate at the Columbia Southern, which put about 600 additional acres of water in the canal.  There was no reported damage to property. 

JOHN BELL

Manager McDaniels said that Mr. Bell is upset about the trees we cut along the canal at his property last spring. The District had hired Robinson & Sons to remove some large rocks that had caved into the canal from the bank, and while they were there, we had them remove the trees.  Because of the immediacy of the situation, Mr. Bell was not notified.  Manager McDaniels, Chairman Martin, and Director Morrow met with Mr. Bell, and resolved the situation.       

NEXT MEETING DATE

The next Regular Board Meeting will be Tuesday, August 8, 2000, at 10:00 A.M., in the District office.

ADJOURNMENT

Director Putnam made a motion that the Regular Board Meeting be adjourned at 11:50 P.M., seconded by Director Morrow, motion carried unanimously.