REGULAR BOARD MEETING
JUNE 13, 2006, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bill Martin, Bob Morrow, Steve Putnam, Patricia Gainsforth
STAFF: Elmer McDaniels, Ken Rieck, Shelby Smith, Jan Wickham, Bob Varco
ATTORNEY: Bill Hopp
GUESTS: Wally Zimmerman, Rick Silver, Sam Davis, Carolyn Airriess Davis, Karen Hays, Rita Olin, Nancy Colton, Alice Long, Greg Mohnen, Michael Long, Lisa Armstrong
Chairman Martin called the meeting to order at 10:00 A.M. and appointed Shelby Smith scribe.
APPROVAL OF MINUTES
Director Putnam made a motion to approve the minutes of the May 9, 2006 Regular Board Meeting and May 9, 2006 Executive Board Meeting, seconded by Vice-Chairman Morrow, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion to approve the June 2006 Voucher List, seconded by Director Gainsforth, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has 34,988 acre-feet, 40% full. Kyle Gorman has revised his estimate down from 50,000 acre-feet to 40,000 - 45,000 acre-feet. Manager McDaniels said we will probably have to go to Crescent Lake in early to mid-July.
TUMALO FEED CANAL FISH SCREEN
Manager McDaniels said high water in Tumalo Creek is giving us lots of problems with silt and debris plugging the fish screens. Mr. Rieck said we were not able to clean the pond last year, because we received the permit too late. We are trying to get a revolving permit so that we can clean the pond every year without having to renew the permit. The window for cleaning the pond is very narrow, after the fish hatch and before they start to spawn again, which narrows the window to between the time we shut off and about October 15th.
TUMALO COMMUNITY ASSOCIATION
Several people who were present said they attend the Tumalo Community Association meetings, but are not speaking on the Association’s behalf. Lisa Armstrong asked if the District could communicate with the patrons on pending decisions, such as the cell towers and property sales. She said a water user is saying the District gave him water rights when he bought his property. Chairman Martin explained that the water rights were included in the sale of the property, not given away. Rick Silver said he would like to be informed when the District makes application to the County on any District property. Mr. Rieck is working on a computerized forum to be available to anyone who has a question or concern. Rita Olin said she would like to see the Board
-2- Minutes of Regular Board Meeting, June 13, 2006
invite input from the landowners. Karen Hays said the Association meetings are the first Tuesday of the month, at the Community Center next to the Church, at 6:30 P.M., except for July, which will be held July 11th due to the holiday.
CELL TOWERS
Alice Long said she has done some research on the poles, and was confused because the County’s paperwork on the first pole (Cellular One) indicates that it is located on Tax Lot 10400, while paperwork on the second pole (Verizon) indicates Tax Lot 10300. Mr. Rieck said the poles are located on Tax Lot 10300, and the County’s paperwork on the first pole must have had a typographical error. He also explained that the applications were made by the cell tower companies, not the District. Mrs. Long said she didn’t feel that the County’s notification area was sufficient to inform interested landowners. Manager McDaniels explained that the County’s rules determine how large the notification area is. Mrs. Long said she believes the second pole is taller than the first pole. Manager McDaniels said they are the same height (fifty feet). Director Putnam said the cell towers are a source of revenue for the entire District, and impact few. Mrs. Long said most of the discussions on the cell towers were held in Executive Session, and therefore, the landowners were not informed. Nancy Colton asked if these subjects could be discussed in an open forum, so the landowners have a chance to express their views.
DESCHUTES RIVER RANCH
Manager McDaniels said the pipe is on the ground to pipe the Deschutes River Ranch property for the tail-water project. Director Putnam said he is concerned about dealing with private properties without easements, and is it going to cause problems in the future? Manager McDaniels said we have to work out the details with Gary Blake.
REPORT ON DESCHUTES WATER ALLIANCE SUMMIT MEETING
Director Gainsforth reported on this meeting, which was held on May 22nd, 23rd, and 24th, 2006, at KahNeeTa. Manager McDaniels and Directors Gainsforth and Schlueter attended. The Alliance is made up of the irrigation districts, the city, and the Deschutes River Conservancy (DRC), under a 2025 grant developed under the Bureau of Reclamation. Director Presentations were given on water quality, water quantity, urbanization, and future planning. Information on the presentations is available on the DRC website. Mr. Rieck asked if there was any word on Bonneville Power approving money for Three Sisters Irrigation District, and is the money available upstream of Pelton and Round Butte Dams, since fish passage re-licensing requirements on these dams have changed? Director Gainsforth said she attended that meeting, which was not the Bonneville Power approval meeting. This was an Oregon Subbasin Plan Implementation Team meeting (OSPIT). The approval for the Three Sisters Irrigation District project has passed all but one level.
LETTER FROM LINDA MOSKOWITZ
See attached copy of letter from Linda Moskowitz dated May 26, 2006, thanking us for keeping the height of the second cell tower pole at the same height as the first one.
-3- Minutes of Regular Board Meeting, June 13, 2006
LETTER FROM KEVIN GORMAN
See attached copy of letter from Kevin R. Gorman, with Cascade Chainbreaker, dated May 23, 2006, thanking us for allowing them to use District property for the Cascade Chainbreaker Mountain Bike Race.
WATER TRANSFERS
Hull to Hull – 0.40 acres
Hull to Walik/Gallagher – 5.00 acres
Terrall to Terrall – 1.90 acres
Director Putnam made a motion to approve these water transfers, seconded by Director Gainsforth, motion carried unanimously.
TEMPORARY WATER TRANSERS
Mr. Rieck said he has a request from a water user to move 1.0 acre of water temporarily from one of his properties to another, because he is apparently irrigating 1.5 acres out of his well, and is only allowed 0.5 acre. Oregon Water Resources Department investigated, and told him to either dry up 1.0 acre or transfer a surface water right to the area. This would require either a pump delivery or a new delivery. The Board said our policy is no new pump deliveries. He is in the process of applying for a ground water right.
TITLE COMPANY REQUESTS
The District does not currently charge title companies to respond to their requests for information on a property that is changing hands. Attorney Hopp suggested that we consider charging for this service.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, July 11, 2006, at 10:00 A.M., at the District Office.
RECESS
Director Putnam made a motion that the Regular Board Meeting be recessed at 11:25 A.M., seconded by Vice-Chairman Morrow, motion carried unanimously.
RECONVENE
Director Putnam made a motion that the Regular Board Meeting be reconvened at 12:00 P.M., seconded by Director Gainsforth, motion carried unanimously.
-4- Minutes of Regular Board Meeting, June 13, 2006
FLAVIO DeCASTILHOS (COLUMELLA PROPERTIES)
Director Gainsforth made a motion that Mr. DeCastilhos be given an extension to pay off his loan to the District until Thursday, June 22, 2006, at 5:00 P.M., by which time the funds owed must be made available to the District, seconded by Director Putnam, motion carried unanimously.
RECESS
Director Gainsforth made a motion that the Regular Board Meeting be recessed at 12:05 P.M., seconded by Director Putnam, motion carried unanimously.
RECONVENE
Director Gainsforth made a motion that the Regular Board Meeting be reconvened at 12:55 P.M., seconded by Director Putnam, motion carried unanimously.
BRILES
Director Gainsforth made a motion that the District send a registered letter to the Briles, stating that the area they are currently irrigating is not in compliance with our agreement, and that we need to hear from them regarding how they plan to rectify this situation, seconded by Director Putnam, motion carried unanimously.
LAND USE PLANNING
Director Putnam said we need to get some experts to look at the District’s land, and give us advice as to the best way to proceed. Attorney Hopp said Sharon Smith’s expertise is on land use development, including zone changes, partitioning, and subdivisions. He suggested that the Board consider hiring Steve Scott as a consultant to discuss the best options for developing long-term revenue from these properties. Other suggestions were Kit Korish and Cushman Associates. Director Putnam made a motion that the Board authorize Manager McDaniels and Attorney Hopp to solicit proposals from these people as to the best possible use of this property, the decision to hire to be made by the Board after reviewing the proposals, seconded by Director Putnam, motion carried unanimously.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 1:15 P.M., seconded by Director Gainsforth, motion carried unanimously.