REGULAR
BOARD MEETING
SEPTEMBER
12, 2000, 10:00 A.M.
DISTRICT
OFFICE
BOARD: Bill Martin, George Bach, Bob Morrow, Steve Putnam, Jim Schlueter
STAFF: Elmer McDaniels, Jan Wickham, Shelby Smith, Ken Rieck
ATTORNEY: Bill Hopp
GUESTS: Kevin Crew, Tom Grimm, Greg Mohnen
Chairman Martin called the
meeting to order at 10:00 A.M. and appointed Jan Wickham scribe.
APPROVAL OF MINUTES
Director Putnam requested that the August 8, 2000 Executive Board Meeting minutes be corrected to “North Unit has an 1,100 (not 11,000) acre water right in Crescent Lake”. Vice-Chairman Bach made a motion that the minutes of the August 8, 2000 Regular Board Meeting and August 8, 2000 Executive Board Meeting, as amended, be approved, seconded by Director Morrow, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Vice-Chairman Bach made a motion that the September 2000 Voucher List be approved, seconded by Director Morrow, motion carried unanimously.
DISTRICT PROPERTIES/VINCE BATHA
Mr. Batha is interested in purchasing one to three acres in the Northeast corner of 16-12-31 Tax Lot 300 (see attached map). He believes that the County has changed the zoning from EFU to Commercial in that area. He owns property in the SE/NE quarter, west of Highway 20 and North of Bailey Rd., and would do a lot line adjustment to include that portion of the District’s property in his tax lot. His plan is to develop the property for commercial use. His offer is $2.00 a foot. An alternative proposal would be for Mr. Batha to develop the property for commercial use for the District, which would pay him as the lots sold. It was suggested that Kevin Crew with DEA research the consequences of splitting off a portion of Tax Lot 300 to the value of the remainder of the tax lot. If the District decides to sell, the property will need to be advertised for bid. Mr. Batha said he might still be interested in purchasing the District’s twelve lots in Tumalo. Tabled until the October Regular Board Meeting. Mr. Batha left.
LAIDLAW BUTTE POLE
Mr. Grimm reminded the Board of the October 3, 2000 hearing on the Laidlaw Butte pole. He said that American Tower Corporation has filed for the 150-foot tower at Laidlaw Butte. Director Schlueter said they have not filed for that location. Kevin Crew checked the Deschutes County Planning Department’s web site, and could find no such application within the last thirty days. Mr. Grimm said the group he is working with has no objection to the District’s antenna on the pole, but does object to adding anything to the top. They want the pole brought down to treetop level. He said that multiple shorter towers are preferable to one taller tower. Mr. Grimm left.
-2- Minutes of Regular Board Meeting, September 12, 2000
CRESCENT LAKE WATER REPORT
Manager McDaniels reported that Crescent Lake has 67,098 acre-feet; we are dumping 179. We are diverting 180 out of Tumalo Creek/Bend Feed.
WATER SHUT OFF DATE
The Board agreed that, since no one has asked that the season be extended, the shut off date remain at September 29, 2000.
WATER TRANSFER POLICY – SECOND READING
Vice-Chairman Bach made a resolution that the following Water Transfer Policy be incorporated into the District’s Policies and Procedures: “Upon request by a recipient/purchaser for the transfer of water from an existing property to recipient/purchaser’s property, it has become a concern of the District that, after approval of the transfer by the Oregon Water Resources Department, the water right might not be proved up on the new property, resulting in a potential forfeiture. To ensure that the water is proved up on the property belonging to recipient/purchaser, prior to placement on the water transfer petition by the District, the recipient/purchaser must give notice of intent to transfer the water to the Water Master pursuant to ORS 540.580. Recipient/purchaser must also pay all fees and charges to the District associated with the transfer of water. Upon approval by the Water Master, the recipient/purchaser shall immediately apply the water to beneficial use and submit a map prepared by Tumalo Irrigation District, or a qualified surveyor, or a Certified Water Rights Examiner no later than November 15 of that year to the District showing beneficial use. Upon the District’s receipt of said map showing full application and use of the water, the District shall place the water transfer on its annual water transfer petition”, seconded by Director Schlueter, resolution carried unanimously. This is the second reading of this resolution.
WOODS & KRAFT PROVEUPS
Manager McDaniels reported that the Woods and Kraft transferred water rights have been proved up.
CRATER CREEK DITCH EASEMENT
Manager McDaniels asked for approval to sign the final draft of the Crater Creek Ditch Easement, which is fifteen feet either side of the centerline. The Forest Service will not negotiate on the width of the easement. See attached copy of the draft. Attorney Hopp explained that, when the District built the creek in 1912, it was Forest Service land. The Carey Act did not give us easements through Forest Service land. Vice-Chairman Bach asked if the District piped the creek, would we be able to use it earlier in the season? Manager McDaniels said that we still couldn’t get up there, and that water comes in from the sides and forms ice. He said that we are only getting 5-6 acre-feet. Vice-Chairman Bach made a motion that Manager McDaniels sign the final draft, seconded by Director Putnam, motion carried unanimously.
-3- Minutes of Regular Board Meeting, September 12, 2000
VEHICLES
The 2001 Ford Pickup for Steve O’Neal has been received and put into service. The 1992 Ford Pickup Sn#60628 will be advertised for sale.
OREGON WATER TRUST TOUR
See attached letter from
Oregon Water Trust dated September 1, 2000.
MAIL-IN-ELECTION RESOLUTION
Vice-Chairman Bach made a resolution that “Whereas, the Board of Directors of Tumalo Irrigation District believes that it would best meet the needs of the customers of the District for the Board of Directors election to be held by a vote by mail, it is hereby resolved by vote of those Directors of the Tumalo Irrigation District Board of Directors in attendance at the September 12, 2000 Board Meeting, whose signatures are affixed below, that the Board of Directors election shall be conducted by mail, pursuant to ORS 545.163”, seconded by Director Putnam, resolution carried unanimously.
DISTRICT PROJECTS/KEVIN CREW
Mr. Crew reported that the OWEB application for $200,000 has been submitted, for the Bend Feed Canal Project 3B. He and Manager McDaniels gave a presentation to the Upper Deschutes Watershed Council, the local arm of OWEB, on the Bend Feed Canal Project, particularly Project 3B. They are supportive of the project, and are willing to send letters to the local, state, and federal legislators.
The Project 3B design is ready for bid. Mr. Crew said it would take about four months, and cost between $1.2 and $1.4 million. The District is not financially able to undertake this project at this time. Mr. Crew said that if the project is put out to bid, and the District does not award the job, contractors will be reluctant to re-bid or will bid higher. Tabled until the October Regular Board Meeting.
Deschutes County has approved the Conditional Use Permit for Flume #4, which is good for two years. The state and federal permits are good for one year, but are renewable.
DISTRICT PROPERTIES
At the May 9, 2000 Executive Board Meeting, the Board agreed to extend Steve Payer with J. Freedman & Company’s listing for the 390 acres for six months, until November 9, 2000. To date, Mr. Payer has not signed an extension. Vice-Chairman Bach made a motion that Manager McDaniels contact Mr. Payer and advise him that, since he did not renew his option, the Board has decided to list the 390 acres with another realtor, seconded by Director Putnam, motion carried unanimously. Manager McDaniels will make arrangements with another realtor. Two suggestions were Duke Warner Realty and Coldwell Banker. We have an easement for an access road into this property.
-4- Minutes of Regular Board Meeting, September 12, 2000
D-3 CAT
Manager McDaniels wants to replace the old D-3 cat with a new D-3, at a cost of approximately $65,000, on a five-year lease/purchase. He feels that possible repairs to the old cat could be more than the first payment would be. He is hoping that the sale or trade of the old cat will be enough to make the first payment. Director Putnam made a motion that Manager McDaniels look into purchasing a new D-3 cat on a five-year lease/purchase, seconded by Vice-Chairman Bach; ayes: Bach, Putnam, Schlueter; nays: Morrow, motion carried.
DELINQUENCIES
Delinquent accounts total approximately $11,000 - thirty accounts. Director Putnam made a motion that the delinquent accounts be turned over to Attorney Hopp to file Notice of Claim of Lien, according to ORS 545.494 and District policy, seconded by Vice-Chairman Bach, motion carried unanimously. See attached copy of list of delinquent accounts and District letter mailed to delinquent accounts on September 1, 2000.
CRESCENT LAKE
Manager McDaniels reported that Max Van Den Berg has spent about six hours researching Bureau of Reclamation files, and has found little of use to the District. He will not do any more research in Bureau files. According to Bob Main, North Unit has no water rights in Crescent Lake, only an operational water exchange; consequently, Crescent Lake cannot be considered a Bureau Project.
VACATION POLICY – SECOND READING
Vice-Chairman Bach made a resolution that the following change be made to the Employee Handbook, Page 5, Vacation: “General policy is that that employees use accrued vacation within the calendar year. No more than 5 days or 40 hours of vacation leave can be carried over from calendar year to another” be deleted, and replaced by “Maximum vacation carryover will be 240 hours”, seconded by Director Schlueter, resolution carried unanimously. This is the second reading of this resolution.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, October 10, 2000, at 10:00 A.M., in the District office.
ADJOURNMENT
Director Morrow made a motion that the Regular Board Meeting be adjourned at 12:00 P.M., seconded by Director Schlueter, motion carried unanimously.