CALL TO ORDER: Chairman Charles Miller called the December Regular Board Meeting of the Hermiston Irrigation District Board of Directors (BOD) to order at 4:10 p.m. The meeting was held in the District office building. Also present at the meeting were Board Members Mike Bergstrom, Len Jeppeson, Craig Coleman & Wes Locke; District Manager, Chuck Wilcox; Field Manager, Jeff Eicher; Secretary, Annette Rambel; and Campbell Motors owner, Larry Campbell.

GUESTS 

Campbell Motors owner, Larry Campbell attended the meeting to discuss his request to modify the BOR’s Consent to Use agreement.

Mr. Campbell prepared packets for the Board members. In his letter atop the packets, Mr. Campbell noted that he has installed chain link fence exactly on the northerly boundary of his Toyota dealership and has graveled up to the fence. HID has objected to the fence, as it is on the Hermiston Drain easement. He has negotiated with HID and BOR. BOR has requested that he move the fence back 22 feet and 4.5 feet depending on the location. He does not feel that his fence impacts the District or the BOR.

The packet also contained the following correspondence.

On April 10, 2008, BOR sent a certified letter to Mr. Campbell informing him pursuant to Federal Reclamation Laws the BOR has acquired certain interests in land and has constructed and owns irrigation facilities and appurtenant works, including the North Hermiston Drain. This drain crosses his property within a 100-foot easement.

In 2001 adjacent landowners requested permission to pipe the open irrigation drain. The construction of the buried pipe required a bridge transition at Highway 395, manholes, a distinct swale over the pipe for possible overflow and associated appurtenances. BOR determined that piping the drain would be beneficial to all adjacent landowners, not only allowing for a reduction of the right-of-way, but preventing unsightly nuisances. However, the remaining right-of-way is necessary to allow for operations and maintenance of the facility. Mr. Campbell’s activities within in right-of-way are interfering with the United States rights and endangering the irrigation facilities.

On April 22, 2008, Mr. Campbell’s attorney responded to the BOR in a letter that stated that the improvements that had been made on the BOR’s right-of-way, piping the ditch and covering the North Hermiston Drain made the ground more attractive for use by Campbell Motors. Campbell Motors has graveled the area and parked vehicles on it to put it to good use. Furthermore, the car dealership is subject to vandalism and the fencing further helps to protect against vandalism. Because the ditch was piped Campbell Motors did not think its improvements would cause a problem and so did not consult with or get permits from the BOR.

On June 18, 2008, the BOR sent Mr. Campbell, through his attorney George Anderson, a Consent to Use agreement. The Consent to Use was contingent on Mr. Campbell requesting a reduction in the right-of-way and use of the easement area. The BOR was agreeable to reducing the right-of-way from 100 feet to 50 feet from the centerline of the pipe if the Consent to Use agreement is signed, the parking area and fencing are removed from the right-of-way, the manholes uncovered, and the swale is reestablished.

On July 8, 2008, attorney George Anderson responded to the BOR stating that Mr. Campbell had informed him that he would be meeting with BOR personnel to walk the easement. He also noted that Mr. Campbell had removed the gravel from the cleanout vault adjacent to Highway 395 and has exposed the manhole to the 42" pipe.

There was an on-site meeting held on July 15, 2008, between Mr. Campbell and BOR personnel, Mike Bommer and Jerry Cheek.

On August 21, 2008, the BOR addressed a letter to Mr. Campbell listing the requirements that would be included in the amended Consent to Use agreement. These items included placing the fencing a minimum of 10’ from the south edge of the pipeline, no items such as trees, deep rooted shrubs, buildings, storage & trash containers or vehicles will be placed within 10’ of the pipeline, access hatches and manholes are to be flush with the adjacent ground, any additions or modifications must be designed and stamped by an engineer registered in the State of Oregon, all designs will be submitted to the BOR for approval before construction begins, surface water runoff shall not enter onto the easement without a storm water discharge permit issued by BOR and final as-built drawings of any changes to or items constructed upon the easement shall be provided to the BOR and the District within 60 days of completion of construction.

On August 29, 2008, Mr. Campbell’s attorney Mr. Anderson responded to the BOR requesting that the BOR place permanent pins exactly 10’ south of the south edge of the pipeline so that Mr. Campbell will know where to move his fence. They also requested that Mr. Campbell have 45 days to move the fence once the locating pins are placed.

On September 19, 2008, the BOR responded to Mr. Anderson and stated that it was unfortunate the Mr. Campbell did not contact the BOR before he encroached within the United States’ right-of-way with his fencing. They enclosed an amended Consent to Use agreement and agreed to mark the locations for the fence and to allow 45 days for the completion of the fence moving.

In his verbal presentation, Mr. Campbell stated that he is trying to effectively utilize his real estate to grow into the future. Campbell Motors has operated for 40 years in the same location and Mr. Campbell says that it is time for a remodel, that Toyota is also pushing him to do. They want to add a service department, a carwash and additional parking.

Mr. Campbell stated that there are two items in the Consent to Use agreement with the BOR that has not been resolved. Mr. Campbell feels that these conditions in the agreement are unfair. He feels that the fence does not present any problems and wants to be allowed to leave it where it is. He also wants to be able to park vehicles over the pipeline within the easement.

Mr. Campbell thanked the Board for their time and left the meeting at approximately 4:45 p.m.

Later in the meeting the Board readdressed this issue.

Manager Wilcox explained to the Board that he has spoken with Mike Bommer with the BOR and that Wal-Mart is also getting a request to move their fence off of the easement. The purpose for not having a fence there is because if the A-Line were to breach during the irrigation season it could potentially take out the Maxwell Canal. The drainage for both of those lines is down through that drain. If that were to happen that pipe could not carry the water. In the event that the pipe could not handle the water, there is swale over the top of the pipe that contains the water and keeps it from going out of control. If there is fencing in that swale it acts as a dam.

Manager Wilcox and Chairman Miller have also spoken with Bill McDonald, BOR. Manager Wilcox explained the District’s position on the matter and requested that Mr. McDonald to support his local BOR office in this matter.

The Board’s decision was to support the BOR in its position to protect the easements. The Board instructed Manager Wilcox to inform Mr. Campbell of their decision, that the other encroachments that he mentioned to the Board are being addressed and that he also needs to request a Quit Claim from the BOR.

MINUTES

The Board reviewed the minutes of the November 20, 2008, Regular Board Meeting. Director Bergstrom moved to approve the minutes as presented. Director Locke seconded the motion. There being no further discussion, the motion carried unanimously.

FINANCIAL STATEMENTS & VOUCHERS 

The Board reviewed and signed the November 2008 Vouchers Report. Vouchers Numbered 35553 through 35619 were reviewed and approved. The Board signed expense checks.

OLD BUSINESS

JACKIE KALBERER: At the November Regular Board meeting, the matter of Ms. Kalberer charges for repairs was deferred. Ms. Kalberer’s water was cut-back during the 2008 irrigation season due to the run-off from her property. The consensus of the Board was to have Ms. Kalberer pay for the repairs that were made and to have the crew repair that area with rock for no additional charge to Ms. Kalberer.

Director Coleman moved to reduce Ms. Kalberer invoice from $410 to $300. Director Bergstrom seconded the motion. There being no further discussion, the motion carried unanimously.

DROP STRUCTURE: Manager Wilcox reported that the Drop Structure project has been completed. In the contract documents it is noted that Swaggart Bros. is responsible for warranty work for up to one year and that the shotcrete was substandard to the initial specifications and that they may need to replace it. Manager Wilcox and Jeremy Morris, Engineer with Anderson-Perry, met with Swaggart Bros. They had one final change order to take care of all of the changes that were made in-progress. As a result of that change order the contract price was increased by approximately $6,600.

Swaggart Bros. expressed that they took a loss on the project and did not feel that they had all of the information needed to bid on the project. Mr. Morris explained where those things were in the bid package and what the items meant. Swaggart Bros. admitted that they had poor management for the first two-thirds of the project, however HID choose not to take liquidated damages.

EXCHANGE AGREEMENT/WATER RIGHTS: Chairman Miller reported that he, Manager Wilcox, Field Manger Eicher and the District’s attorney David Filippi met with BOR personnel. Chairman Miller stated that he thinks that they are close to resolving the issues of the agreement.

The BOR has agreed to apply for a water right for the 3,800 acre foot minimum pool that they are requiring.

KLOEPPER: Manager Wilcox reported that Mr. Kloepper has filed a small claims case against the District for the amount of his 2008 irrigation assessment, citing that he did not receive his fill entitlement of water. Manager Wilcox consulted the District’s attorneys and filed an answer, denied the claim, filed a counter claim for damages done to District facilities by Me. Kloepper and requested a hearing.

The State of Oregon has filed criminal charges against Mr. Kloepper for destruction of District property.

CITY OF ECHO: Manager Wilcox reported that the BOR is still working on the use agreement granting the City of Echo access to HID’s bridge.

The City of Echo is still concerned about possible seepage from the Feed Canal. They believe that seepage water may be getting into their sewage system. Their maintenance person has not yet contacted Manager Wilcox as he indicated that he would.

UMATILLA BASIN COALITION MOU: Manager Wilcox reported that the District signed the MOU with the caveat that it would not be held financially liable, per Board action. Manager Wilcox explained to the Coalition that he would not commit the District financially and that HID is well represented and does not feel the need to pay for lobbyists. The December meeting was canceled due to weather.

2009 BUDGET: The Board was presented with a draft copy of the 2009 Budget. Manager Wilcox answered specific line item questions. The Board did not mention any significant concerns with the budget or increases in assessments and wages. Staff intends to have a balanced budget to present at the January meeting.

The Board had questions and indicated that they would like to revisit the Healthcare Reimbursement Resolution at the next meeting.

NEW BUSINESS

OWRC ANNUAL CONFERENCE: Chairman Miller, Manager Wilcox and Field Manger Eicher all agreed that they thought that it was a good conference.

MANAGER’S REPORT

WATER REPORT: There is currently 1,013 af in Cold Springs Reservoir. There has not been any diversion. There was a total of 8,747 af of exchange credits pumped in 2008. 3,646 af in exchange credits were accumulated in the last half of November.

MAINTENANCE REPORT: Due mostly to adverse weather conditions the crew has been building weed racks, organizing the shop, cleaning up outdoors around the office and shop area, and doing equipment and vehicle maintenance.

UPCOMING: The BOR is holding their 2009 Water Management Workshop February 23 – 26, 2009.

ADJOURNMENT: There being no further business, the meeting was adjourned by Chairman Miller at about 6:37 p.m.

_______________________________             ________________________________

Charles Miller                                                      Annette Rambel

Chairman                                                             Recording Secretary

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