REGULAR BOARD MEETING

OCTOBER 8, 2002, 10:00 A.M.

TUMALO IRRIGATION DISTRICT

64697 COOK AVENUE

BEND, OREGON

BOARD:               Steve Putnam, Bob Morrow, Gary Blake

STAFF:                Elmer McDaniels, Shelby Smith

ATTORNEY:         Bill Hopp

ENGINEER:              Kevin Crew

GUESTS:                   Jeff Rola

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

OATH OF OFFICE

Gary Blake took the Oath of Office for Division 2.

APPROVAL OF MINUTES

Vice-Chairman Morrow asked that the September 10, 2002 Regular Board Meeting Minutes be amended as follows: (1) Gary Blake was appointed director to Division 2, not Division 5, and Vice-Chairman Morrow was present.  Director Putnam made a motion that the minutes of the September 10, 2002 Regular Board Meeting be approved with the above corrections, and that the September 10, 2002 Executive Board Meeting be approved, seconded by Director Blake, motion carried unanimously.  

APPROVAL OF VOUCHER LIST

Director Putnam made a motion that the October 2002 Voucher List be approved, seconded by Director Blake, motion carried unanimously.

CRESCENT LAKE WATER REPORT

Manager McDaniels said that Crescent Lake has 38,277 acre-feet, 7,000 less than a year ago.      

RIPRAP AT CRESCENT LAKE

Manager McDaniels said that the Forest Service has just started the riprap at Crescent Lake.

FISH SCREENS

Mr. Crew said the fish screen designs have been submitted to ODF&W for approval.  Manager McDaniels said there could be a problem, because the State wants a 24-inch fish bypass pipe instead of 12-inch pipe. 

PROJECT 1B

Manager McDaniels said the plans for Project 1B are almost complete.  He said we are in the Senate and House budgets for $1.3 million.  If they continue to pass resolutions to operate the government, they will operate on the 2002 budget, which means we would only get $275,000.  This might go on until it is too late to start Project 1B

-2- Minutes of Regular Board Meeting, October 8, 2002

this winter.  He asked if we should do a shorter section, like from the outlet of the Red Rock Syphon to the tunnel, or skip a year.  Attorney Hopp said the section through the River’s Edge Golf Course is more critical, due to (1) an agreement with the Riverhouse owners that the District would support their building plans if they supported our piping plans, and (2) the safety issues and difficulty in getting cooperation, due to an increase in residences in that area.  Kevin Crew said that the cost of piping from the outlet of Pipe 1 through Mt. Washington Dr. would be approximately $400,000.  Mr. Crew said OWEB has authorized $200,000, the District has $200,000 in the bank, and BOR may give us $275,000.  Mr. Crew said the project could be bid sometime this fall, subject to financing, and the District could reserve the right to reduce the project length.  He said if we start the project in January 2003, both projects could be done.  Mr. Crew will have more accurate estimates at the November Regular Board Meeting.          

SAFE DRINKING WATER ACT

Ms. Smith reported that there are still thirty-three households who have not returned their affidavits, and are presumably using irrigation water for domestic purposes.  Several have indicated that they will be installing a well or a treatment system, but have not provided documentation.  Those people who have not returned their affidavits will not receive the November stock run.  Twenty-nine have indicated they are water hauling.  They will be contacted and asked to provide contracts or invoices, per the State’s instructions.  Twenty-one have indicated they are using or have installed a treatment system.  The systems as listed on the affidavits need to be verified against the National Sanitation Foundation standards.  Until this is done, Ms. Smith suggested that these people receive the November stock run.      

DELINQUENCIES

Moved to Executive Session.

OFFICE HOURS

Manager McDaniels said that State law requires a lunch break.  Since Ms. Smith and Ms. Wickham are often alone in the office, they do not always get an uninterrupted lunch break.  He proposed closing the office between 12:00 P.M. and 12:30 P.M.  Attorney Hopp suggested that when one of the ladies does not get a lunch break, that she take comp time and leave at 4:00 P.M.  Ms. Smith objected to closing the office from 12:00 P.M. to 12:30 P.M. or at 4:00 P.M., since that is the only time many people can call or come in.  Manager McDaniels objected to giving comp time.  A sign will be posted on the front door that office hours are from 8:00 A.M. to 12:00 P.M. and 12:30 P.M. to 4:30 P.M., and if the ladies wish to help someone from 12:00 P.M. to 12:30 P.M., they are free to do so, without comp time.        

WY’EAST MEETING, GARY BLAKE

Director Blake attended the Wy’East meeting.  See attached copies of material provided at the meeting.  He said Wy’East has a website which identifies all the water rights in the State, a source for anyone looking for mitigation.  He said someone from DRC asked him if he would be interested in selling his water rights out of the river to DRC, to which he said no.     

-3- Minutes of Regular Board Meeting, October 8, 2002

MEETING WITH RON EGGERS, BOR

Manager McDaniels met with Ron Eggers, Lower Columbia Area Manager for the Bureau of Reclamation, regarding Crescent Lake, and the difficulty of getting an agreement with the Forest Service.  Mr. Eggers said he would try to facilitate matters with the Forest Service.

LETTER FROM COGENTRIX

See attached copy of letter from Cogentrix dated September 25, 2002, announcing that they are putting the Grizzly project on “market hold”.  Attorney Hopp has written them a letter, asking if they plan to continue their option and the option fees with the District.

ANNUAL OWRC MEETING

See attached agenda for the annual OWRC meeting to be held December 3 - 6, 2002, at the Seaside Best Western Oceanview Resort. 

LETTER FROM DIVISION OF STATE LANDS, NANCY PUSTIS

See attached copy of letter from Division of State Lands dated September 25, 2002, regarding the District’s easement request for 16-11-16 Tax Lot 200.

OPERATIONS REPORT

See attached copy of letter from the Bureau of Reclamation dated September 19, 2002, regarding the Operations Description of Deschutes River Basin Projects.  Since the District is no longer a BOR project, we are not included in this report.  Attorney Hopp said that the District will eventually have to do its own report for use in Section 7 Endangered Species Act, which can easily cost $100,000.  We can use information from the BOR’s report in our own report. 

WATERWAY OVERLAY

See attached copy of “A proposal to amend the General Plan and Zoning Ordinance by adopting new findings and provisions for the City of Bend Waterway Overlay Zone” dated September 11, 2002.  Attorney Hopp said the District is piping and doing fish screens in the Waterway Overlay Zone.  He said our pipe is one foot within the Zone, and will not be exempted.  We have existing fish screens, which qualify as maintenance, and therefore are exempt. 

LETTER FROM UPPER DESCHUTES WATERSHED COUNCIL

See attached copy of letter from the Upper Deschutes Watershed Council dated September 19, 2002, asking for a contribution of $500 to $1,000 to produce a comprehensive natural resource atlas for the entire Deschutes River Basin.  The Board declined to participate. 

-4- Minutes of Regular Board Meeting, October 8, 2002

BOARD OF DIRECTORS ELECTION

Ms. Smith reported that election petitions are due by 4:30 P.M. today.  Only one petition has been received in each of Division 2 and Division 5.  If no other petitions are turned in, the Board will have a Special Board Meeting on October 10, 2002, at 8:00 A.M., to declare the elections, give a Certificate of Election to each elector, and have the electors take the Oath of Office. 

PRESSURIZED SYSTEM

Attorney Hopp said that there is a statute that will allow the District to charge the recipients of a pressurized system a special rate to offset some of the costs. 

SECRETARY MANSON VISIT

See attached copy of e-mail from Lisa Nye dated October 4, 2002, regarding US Assistant Secretary for USFWS Manson’s visit to Central Oregon Saturday, October 12, 2002.  Manager McDaniels will attend.

NEXT MEETING DATE

The next Regular Board Meeting will be Tuesday, November 12, 2002, at 10:00 A.M., at the District Office. 

ADJOURNMENT

Director Putnam made a motion that the Regular Board Meeting be adjourned at 11:55 A.M., seconded by Director Blake, motion carried unanimously.