July 5, 2011

Sep 2011 8 5:09pm

CALL TO ORDER:  The Board meeting of the Columbia Irrigation District was called to order at 6:00 pm at the District office by Vice President George Janicek.  Present at the meeting were:

                         George Janicek, Director                                Keith Martin, Manager
Jim Berger, Director                                       Russ Pelleberg, Asst. Manager
                         Gary Hutchcraft, Director                              Bonnie Kulp, Recorder
                         Jim Gose, Director                                         Travis Martin, JUB Engineer
                         Terry Miller, Attorney

CONSENT AGENDA:  The following Consent Agenda was presented to the Board for approval:

 1.      Minutes June 7 and June 15, 2011
2.      June Vouchers|
#01      CID Revolving Fund                                                  $150,800.55
#02      Driver Training & Solutions LLC                                    7,220.00
#03      Legacy Ford                                                                    21,432.67
                                                                                                $179,453.22
3.   May Financial Statement 

Director Gary Hutchcraft made a motion to approve the Consent Agenda.  Jim Berger seconded the motion and it passed unanimously.        

The Board reviewed the June Financial Statement.  Director Janicek suggested using foot notes to relate to the line item changes.

 Director Jim Gose entered the meeting at 6:37 pm.

REVISIT RESOLUTION – ADD LANDS HEARING OF OCTOBER 6, 2009:  Manager Martin asked Attorney Miller if it is necessary to have an additional public announcement on the 4.37 acres of land added to the District on October 6, 2009.  They were parcels     1-0698-102-0001-000 and 1-0698-102-0027-000 to be added to Flat Top Park.   

Attorney Miller stated no new notice is required but the Board can reaffirm its’ approval of the petition.  Jim Gose made a motion to reaffirm the approval of the petition to add 4.37 acres to Flat Top Park.  Gary Hutchcraft seconded the motion and it passed.

OLD BUSINESS  

BOARD ROOM REMODEL STATUS REPORT:   Manager Martin reported the benches for Directors and staff are almost done.  They will be delivered and installed soon.  The estimated time frame to be able to use the new room is September.  Remaining items needed are chairs and fixtures.   

GENERAL SERVICE AREA POLICY:   The Board further discussed recommendations from staff on forming a GSA policy.  Manager Martin submitted RCW 87.03.0175 and stated he believes this RCW allows irrigation districts to upgrade lines with compensation from those parcels located in the GSA. The compensation would come from the annual irrigation assessment of those properties within a GSA.  The GSA would take it one step further and define a CID line as a line from the canal to a service riser on a property.  Those properties in a GSA would be assessed according to if they are gravity fed or if they are in a pressurized system maintaining pumps and electricity.

Attorney Miller submitted a printed handout to the Board on his response to the GSA Policy.  The printout references RCW’s and is made a part of these minutes. Jim Gose made a motion to hold a work shop with Attorney Miller to resolve the issue of a GSA.  Director Berger suggested this issue be resolved by the end of the workshop. Gary Hutchraft seconded the motion and it was approved.  The workshop will be held Tuesday, July 19, 2011 at 1:00 pm.   

 CONTINGENCIES FOR APPROVAL ZELMER – OLSEN WATER RIGHT TRANSFER:

Richard Zelmer will continue to pay the annual LID Maintenance fee and the Construction cost pertaining to his parcel.  Gary Weatherly, JUB, will determine whether transferring ¼ acre of water right to Khris Olsen within the Belmont LID who wants 1 ¾  acres of water is attainable within the system.  To complete the water transfer Mr. Zelmer will need to complete a relinquishment petition.

KID WATER CARRIAGE CONTRACT:  Manager Martin reported to the Board that he met with Chuck Freeman and Scott Ravell from KID.  KID is looking for ways to make the allotted water in the carriage contract work.  KID owns 314 acres surrounding Finley Elementary School.  There is not enough water in the KID canal system to water that acreage.  They are looking at ways CID could carry their water and has asked if the CID would have any interest in a water reservoir for that area.  Manager Martin stated having a water reservoir in that area of the canal system could supplement CID water on hot days.

KID believes they have not underpaid for water carriage even though the contracts were put into affect 75+ years ago.  Attorney Miller suggested holding a joint Board Meeting with KID to rewrite the contract with corrected acreage and include a new method of billing.  Manager Martin would like to assess the contract by lot instead of by acreage.  The Board directed Manager Martin to meet with KID before the August 2nd Board Meeting to discuss rewriting the contract.  They also directed Martin to address the bill they will receive for the incorrect acreages on statements from 2006 – 2010.       

CID SEWER CROSSING AGREEMENT:  Attorney Miller reported he is working with Lisa Beaton, Kennewick City Attorney, on the Rhodes Sewer Line Crossing and the Dayton Street Bridge project.

OJEDA AND LATHAM ADDITIONS TO DISTRICT:  Attorney Miller is working on this process.  He requested the Board determine an administrative fee, and attorney fee, and two publication fees.  He would like the total to be part of the procedure.     

WORK ORDERS BY DIVISION:  The Board reviewed the work orders lists within their divisions. 

POLICIES AND PROCEDURES:   The four policies assigned by the Board are in draft state.   Manager Martin reported he has been focusing on the GSA and expressed a need to define the GSA for budget purposes for next year.  Defining the GSA will also help determine our revenue sources – what they are going to be and how we are going to set up the District for the future projects in areas that need attention.

WEST RICHLAND 350 ACRE DEVELOPMENT:  The Board reviewed the method of  charging for the 350 acre development that was approved at the June 15, 2011 meeting.  The developer will pay for the infrastructure and there will be no assessment charged until the properties are sold as long as they are sold within a five-year period.  No other fees will be charged for adding their land into the District boundaries.  It still needs to be determined how to fairly charge these properties and that can be done when the Board makes a decision on whether or not the District can have a general service area (GSA).

BENTON COUNTY PIERT ROAD EXTENSION:   Travis Martin, JUB Engineer and Malcolm Bowie, Benton County Engineer, were present at the meeting to hear what the decision of the Board was on the Piert Road extension project.  Manager Martin told them the Board approved the design with a contingency to have a step culvert with a 6 foot clearance.  CID recognizes there will be sediment at the bottom of the step and will need to use equipment to clean it.  The second contingency was the need for an inter-local agreement for access to the road for working and maintaining the canal system without any cost to the District for any damages that may occur.   

NEW BUSINESS

RYAN STEVENS ASSESSMENT:  On behalf of Mr. Stevens for parcel #1-0680-304-0002-001 located 403 E 4th Avenue, Manager Martin requested the Board remove delinquent assessments from 2008 – 2011.  The 0.06 acre property is in foreclosure.  Mr. Stevens was unaware he had two separately taxed parcels.  Attorney Miller stated the District could not excuse the assessments as that would be making a gift and the District does not have the statutory authority to do so.  Manager Martin will inform Mr. Stevens the Board will not excuse the assessments.

ADMINISTRATIVE REPORT:   Bonnie Kulp presented a list of 15 parcels currently in foreclosure status.  Attorney Miller stated that out of 15 parcels maybe three would actually be sold at auction. 

OPERATIONS REPORT:   Assistant Manager Pelleberg reported the Endothall treatments have been successful in eliminating weeds in the canal.

ATTORNEY REPORT:  Attorney Miller stated the May & June billing will be combined.  He also stated he looked at the KID water carriage contract in anticipation of getting it re-negotiated and cleaned up.  Miller reviewed two lawsuits in 1934 and 1940 to look at some of the issues resolved by the court in hopes it will be helpful when re-negotiating a new contract.  Manager Martin asked the Board if they would like to set the parameters of the contract and give the task to Attorney Miller. 

From this point forward, Manager Martin would like to assess KID for each lot that has a service.  KID will need to install appropriate measuring mechanisms and restrictions for reaching their limit.  Director Gose requested Attorney Miller meet with Manager Martin and Assistant Manager Pelleberg to create a new agreement and bring it back to the Board for approval.   

ENGINEER REPORT:  Gary Weatherly of JUB was not present to give his report. 

SAFETY AND LABOR ISSUES:  Assistant Manager Pelleberg reported the monthly safety meeting was about chainsaw usage.  No other issues were brought up from the field crew.  Pelleberg told the Board he will update his safety list and email it to them. 

AGREEMENTS REQUESTS AND CONTRACTS:  The City of West Richland is doing sewer work on the canal near Van Giesen.  Manager Martin reported he has not seen the design yet.

There will be a need for an agreement with the City of Kennewick for the Dayton Street Bridge project. Manager Martin reiterated the need for a fee structure for these agreements.

EXECUTIVE SESSION:  Vice President Janicek moved the meeting into executive session at 9:20 pm to discuss mid-year promotions and salary adjustments.  Following the discussion, Janicek closed the executive session and returned to the open meeting at 9:50 PM.

ADJOURNMENT:  Vice President Janicek recessed the meeting until Tuesday, July 19, 2011 at 1:00 pm.