September 6, 2011
Oct 2011 27 8:33pm
CALL TO ORDER: The Board meeting of the Columbia Irrigation District was called to order at 6:30 pm at the District office by President Jerry Sleater. Present at the meeting were:
George Janicek, Director Keith Martin, Manager
Jerry Sleater, Director Russ Pelleberg, Asst. Manager
Jim Berger, Director Bonnie Kulp, Recorder
Gary Hutchcraft, Director Terry Miller, Attorney
Jim Gose, Director Gary Weatherly, JUB Engineer
CONSENT AGENDA: The following Consent Agenda was presented to the Board for approval:
1. Minutes August 2, 2011
2. August Vouchers
#01 CID Revolving Fund $145,319.68
#02 Enduris 78,756.00
#03 Benton PUD 27,787.76
$251,863.44
3. July Financial Statement
Director George Janicek made a motion to approve the minutes. Director Jim Berger seconded the motion and it passed. Vouchers were reviewed by the Board followed by a motion from Director Janicek to approve the vouchers and seconded by Director Gary Hutchcraft. Motion passed.
The July Financial Statement was reviewed by the Board.
RENEW INTERLOCAL AGREEMENT: Last month the Board approved the Interlocal Agreement with Benton County to remove rock from Owen’s Pit for the year 2011. Because it is late in the year and another agreement for 2012 needs to be approved the County has revised the agreement to encompass both years into one document. Director Berger made a motion to approve the agreement to include 2012 and Director Janicek seconded. Motion passed.
OLD BUSINESS
ZELMER/OLSEN STATUS REPORT: Engineer, Gary Weatherly, determined the transfer of water from Zelmer’s property to Khris Olsen’s can be done. The District will send a Relinquishment Petition to Zelmer and a petition to Olsen to add his property to the Belmont LID. Weatherly recommended no future additions be allowed in the LID as the system is at capacity. Director Janicek made a request to let the minutes show that no properties will be added to Belmont, LID #63, in the future.
GENERAL SERVICE AREA POLICY: Attorney Terry Miller reported he drafted a document explaining the legislative history of RCW 87.03.0175. Miller sent questions to WSWRA and has not heard back. Miller will circulate his documents to the Board via email.
KID WATER CARRIAGE CONTRACT MEETING SUMMARY: Manager Martin reported KID requested a meeting with CID, including respective District attorneys, due to discrepancies on how each District was reading the findings of the Aquavella court case. KID claims the 1931 contract is sufficient. Manager Martin stated the Aquavella findings are specific about the 6.88 cfs CID carries for KID with stipulations of how many cfs each pump station is to receive and how many acres of land is watered. KID believes they are not using the full allotment of entitled water right. They would like CID to carry the remaining water to an area of 314 acres in Finley and give eight acres of land to CID for a reservoir. Martin stated the readings collected by CID staff show KID is not using the full 6.88 cfs instantaneously. There would be approximately 3 cfs that could be carried to Finley.
Attorney Terry Miller explained the 1931 contract required KID to pay the expenses of raising the CID canal to the required capacity in order to carry the water to their diversion points. That gave KID the right to have their water carried at the $1.50 per acre rate. The contract did not have any escalation clauses for the CID. Miller stated KID could stand on the right to continue at the $1.50 per acre rate. He also stated when Judge Staffaucher reviewed the contract he was not interpreting or enforcing the contract. He only analyzed what was actually being carried by CID so he could determine what diversion CID could take at Horn Rapids. KID did not have the same kind of ruling. Their water right is a stipulated right based on an agreement between KID and Department of Ecology.
Miller continued to state the KID believes they are bound by their stipulated order of the 6.88 cfs in the Aquavella ruling. Because KID wants CID to carry their water to the end of the canal CID will gain bargaining leverage for a new or revised contract. Miller will also attempt to incorporate the knowledge of the back-billing for six years for the additional 314 acres, discovered earlier in the year, and payments received from KID for three of those years to show KID was in agreement that they underpaid.
Director Janicek requested minutes of the meeting with KID be drawn up. Attorney Miller stated he would write up a synopsis because that was how he was going to draft the new agreement to be presented to the KID.
Miller will try to get the draft written this week. Attorney Miller stated he would like Gary Weatherly’s input on the language within the amended contract for metering issues at each of KID’s pump station.
CID SEWER CROSSING AGREEMENT: Attorney Miller reported he received the Kennewick’s William Rhodes crossing agreement back from the city with one minor change. Miller will modify and return the agreement for signatures.
Miller stated Roscoe Slade, City of West Richland, sent him a legal description and exhibits for the sewer crossing near Van Giesen Street and Bombing Range Road.
There was nothing to report on the Dayton Street Bridge Crossing.
OJEDA AND LATHAM ADDITIONS TO DISTRICT STATUS REPORT: Attorney Miller reported he needs to publish the notice for the formal hearing.
WORK ORDERS BY DIVISION: The Board reviewed and discussed the work order lists within their divisions.
POLICIES AND PROCEDURES: Manager Martin presented eight policies to the Board for their review prior to the work shop on September 14th.
350 ACRE DEVELOPMENT WEST RICHLAND: Manager Martin reported Gary Weatherly has been working on the design of the reservoir and currently has a conceptual drawing of the design. Weatherly stated they are moving ahead with the pump station and pipe line drawings. The SEPA document is done and the city will be the lead agency for SEPA. They are working on the DNR and private property easements. He also stated the project is about a million dollar project and the District will want to make sure they have detailed information on the requirements.
Manager Martin asked the question whether or not an account needed to be set up to protect the reputation of District should the project fail before it is finished. Attorney Miller stated the project should remain a private-party project with a written agreement between the developers and the District stating what the developers have to do, what they get when finished and what the time limit will be. Weatherly stated the developers have been waiting for the finished drawings in order to price out the project. They are not to the point of signing agreements.
BENTON COUNTY – CID: Piert Road Extension status report was given by Manager Martin. Martin was hoping the District would be able to use the Piert Road Project to cross the rail road tracks to get land owners in that area irrigation water. Unfortunately the County is not crossing the tracks.
WANAWISH DAM – FERC: Attorney Miller reported he sent a letter to New York and tried contacting the individual by telephone. He has had no response. Miller stated the individual was required to have a complete application packet located in the nearest public library or public facility but none was found. Gary Weatherly stated the project would not happen. His impression is the company fills out the applications to tie the area up. The applicant wants to be on the north side of the dam and it has too many archeological and cultural aspects that won’t allow the project to take place.
NEW BUSINESS
CALENDAR YEAR 2012 WATER ASSESSMENTS: Manager Martin presented figures to the Board depicting various increases to the assessment roll for 2012. Director Janicek requested reports be presented to show projects and cost explaining the need for the increases. Director Berger asked for a budget proposal showing all elements of the capital projects, infrastructure, equipment replacement, fleet improvements, facility improvements and cost increases for fuel, power etc. The matter was tabled until the September 14th budget workshop.
FEE SCHEDULE FOR CALENDAR YEAR 2012: Manager Martin asked the Board to remove the license fee charge on the annual license agreements. Martin stated it is not consistent throughout the District. He felt too few people were paying compared to how many people encroached without a license. Attorney Miller stated the license agreements protect the District holding CID harmless.
Director Gose made a motion to delete the fees associated with the annual license agreements. Neither Directors Janicek nor Hutchcraft were in favor of dropping the fee. Discussion continued and Manager Martin reported that 60 – 70 percent of those encroaching on both sides of the canal do not have licenses. Director Gose modified the motion to keep the annual licenses with no fee. Director Hutchraft seconded the motion. The Motion passed. In favor were Directors Berger, Gose and Sleater. Directors Hutchcraft and Janicek opposed the motion.
ADMINISTRATIVE REPORT: Bonnie Kulp reported on the following:
The property foreclosure list has reduced to five properties.
The Bond payment of interest only, $27,012.50, is due October 1st.
Due to the District switching to a fiscal year the accounting computer software program will need some changes. Boyd Consulting will give us an estimate later in the week on what it will cost to have them help get those changes done.
The accountant for the District, Tom Owen, will be in this month to give the entries to close the year of 2010.
OPERATIONS REPORT: Assistant Manager Pelleberg reported members of the crew have been hauling rock to the bottom end of the canal. There will be an extensive weed treatment done Thursday. Pelleberg stated the crew has been doing a good job with few calls.
ATTORNEY REPORT: Attorney Miller reviewed his billing for July. There were no unusual items to report.
ENGINEER REPORT: Engineer Weatherly reviewed his billing statement which consisted of the completion of the Paradise Phase 4 project, time spent on the sewer crossing for city of West Richland and the majority of the bill applied to the West Richland development project.
LYLE DAHLMAN REQUEST TO JOIN LID #42: Mr. Dahlman has presented a petition to join LID #42. Manager Martin requested we postpone this topic until the next meeting so he can further evaluate.
SAFETY AND LABOR ISSUES: Assistant Manager Pelleberg reported Pat Loftus has been groomed to take Roger Miller’s place when Roger retires. The upgrade will be discussed in executive session. The secondary containments are now being used and the all-staff safety meeting was held for the month.
EXECUTIVE SESSION: The meeting was moved to executive session at 8:35 pm.
President Sleater returned the meeting to the regular session at 8:50 pm. Jim Berger made a motion to increase wages by 15 percent, retroactive to July 1st for Bonnie Kulp who replaced Robin Brown as Office Manager and Lila Freshment who stepped into the Accounts Payable/Payroll Clerk position. Jim Gose seconded the motion and it passed unanimously. The Board of Directors also approved a 3% increase for all office staff beginning the new fiscal year, October 1, 2011 which will be shown in the 2011-2012 fiscal year budget.
ADJOURNMENT: At 9:00 pm, President Sleater recessed the meeting until 1:30 pm, September 14, 2011.