CALL TO ORDER: Chairman Charles Miller called the February Regular Board Meeting of the Hermiston Irrigation District (District) Board of Directors to order at 4:19 p.m. The meeting was held in the District office building. Also present at the meeting were Board Members Len Jeppeson, Mike Bergstrom, and Wes Locke; District Manager, Chuck Wilcox; Secretary, Annette Rambel; Jerry Cheek, Bureau of Reclamation; Jeremy Morris and Gary Olson, Anderson-Perry; and Patron, Jackie Kalberer.

GUESTS

KALBERER: Jackie Kalberer was informed prior to the meeting that since she did not request to be on the agenda she was welcome to attend but was not allotted time to speak during the Board meeting. She stated that she is still contesting the bill that she received for repairing a ditch road due to run-off of water from her property. This matter has already been addressed by the Board. During the December 2008 Board meeting the Board agreed to have Ms. Kalberer pay for the repairs that were made and to have the crew repair that area with rock. Director Coleman moved to reduce Ms. Kalberer invoice from $410 to $300. Director Bergstrom seconded the motion and it carried unanimously.

ANDERSON-PERRY: Jeremy Morris and Gary Olson with Anderson-Perry attended the meeting to discuss the presentation for the annual meeting and the repairs that need to be made at the Drop Structure.

Mr. Morris has prepared a PowerPoint presentation of the Drop Structure Project for the annual meeting. He gave a draft of the PowerPoint to the Board. The Board approved of the presentation. He also presented the District and the Bureau, Jerry Cheek, with a framed picture of the Drop Structure Project.

Mr. Morris has also addressed the Board regarding a problem at the Drop Structure. Morris surveyed the area and he and Manager Wilcox took pictures of the area. The dirt on the slopes on the sides of the Drop Structure is washing away and some warranty repairs will need to be made by Swaggart Bros. Anderson-Perry has put the contractor on notice and has not heard back from them yet.

Anderson-Perry is still looking into the problem and solutions. It appears that in their haste the contractor did not compact the slopes well enough. The solution will probably entail installing some riprap and compaction of the area.

Jerry Cheek added that he believes that this could be just the tip of the iceberg of this problem. Once the reservoir recedes and the bank storage comes out of the bank, as happened during the construction, there will most likely be additionally sloughing of the banks.

Mr. Morris & Mr. Olson left at 4:57 p.m.

MINUTES

The Board reviewed the minutes of the January 15, 2009, Organizational Board Meeting. Director Jeppeson 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 the Profit & Loss Report for January 2009. The Board reviewed and signed the December 2008 Vouchers Report. Vouchers Numbered 35620 through 35666 were reviewed and approved. The Board also reviewed and signed the January 2009 Vouchers Report. Vouchers Numbered 35667 through 35741 were reviewed and approved. The Board signed expense checks.

OLD BUSINESS

EXCHANGE AGREEMENT: The District received another revision to the Agreement from the Bureau. Chairman Miller and Manager Wilcox have reviewed the document. Manager Wilcox expressed his concerns regarding the amended agreement. After some discussion, Chairman Miller stated that the Agreement needs to be reviewed further and the Board will wait for direction from the District’s Attorney David Filippi.

KLOEPPER LAWSUITS: Manager Wilcox will represent the District in a small claims hearing regarding the Kloepper matter on February 20, 2009. Mr. Kloepper brought a suit against the District for the amount of his 2008 Assessment for lack of water delivery. Manager Wilcox has prepared the information needed for the counterclaim against Mr. Kloepper for the cost of repairing District property that was damaged by Mr. Kloepper. Three District employees will also be attending the hearing as witnesses.

Manager Wilcox was present for the criminal case against Mr. Kloepper on February 9, 2009. The judge advised Mr. Kloepper to retain a lawyer and reset the hearing for March 2, 2009. The Umatilla County District Attorney’s Office has offered Mr. Kloepper a plea bargain in this case that includes paying restitution for damages to the District facilities, paying fines and probation.

In regards to the encroachment issue, the District has removed the remainder of the fence from the Kloepper property built up the ditch to prevent leakage in his ditch.

CAIN ENCROACHMENT: Chairman Miller and Manager Wilcox have visited the property of James & Linda Cain to inspect the encroachment. Chairman Miller spoke with Mr. Cain regarding the matter and Mr. Cain stated that he would have the retaining wall cut down. Chairman Miller informed him that this would not be an acceptable solution for the District.

Manager Wilcox has since been by the Cain property and found that the Cain’s hired some guys to cut the wall down. Manager Wilcox left a card for the Cain’s that stated that cutting the wall is not what was required and is not an acceptable solution for the District.

The Board instructed Manager Wilcox to send the Cain’s a letter, letting them know that their solution is unacceptable to the District and to let them know of the three options that would be acceptable to the District. Those three solutions are: Remove the wall, pay the annual encroachment fees, or install a retaining wall on the edge of the canal that meets the Bureau’s specifications.

CITY OF ECHO: The Bureau has discovered that the bridge that the City of Echo is wanting consent to use was built by Oregon Department of Transportation (ODOT). Jerry Cheek reported that the Bureau has not received a Consent to Use Application from the City of Echo and does not intend to approve one if submitted because the Bureau does not have a clear record of the bridge.

NEW BUSINESS

PICKUP BIDS: The District received two bids for the purchase of a new pickup truck. One was from Sherrell Chevrolet for $18, 927 and the other was from Tom Denchel Ford for $19,650. After some discussion, Director Bergstrom moved to accept the low bid and purchase a truck from Sherrell Chevrolet. Director Jeppeson seconded this motion. There being no further discussion the motion carried unanimously.

PRESSURE PIPE CLEANING TRUCK PURCHASE: The City of Hermiston (City) has a surplus 1984 Ford Pressure Pipe Cleaning Truck in fair condition for sale. It is strictly pressure at 2,500 psi and the truck engine operates the chassis. It has an auxiliary engine that runs the pressure washer. It has a 2,000 gallon water tank and would be used for clearing out pipes. Heads with root saws can be purchased, but do not come with the truck.

The City wants to sell the truck for $8,000. Director Bergstrom moved to offer the City $6,000 and to allow Manager Wilcox to negotiate a price not to exceed $8,000. After some discussion, Director Jeppeson seconded the motion. There being no further discussion, the motion carried unanimously.

MANAGER’S REPORT

WATER REPORT: The Umatilla River dropped to 315 cfs in Pendleton. HID cut down to 80 cfs and will probably be shut-off tomorrow. There is 14,353 af in Cold Springs Reservoir.

UMATILLA BASIN COALITION UPDATE: Manager Wilcox attended the most recent meeting. The governor put $2.5 million in the budget for recharge. The Coalition continues to work on trying to get further funding to pursue the recharge project studied as a result of SB 1069. Also, committees have been meeting to develop ways to create a reserve for coalition activities as well as looking at some on the ground possibilities for further water enhancement in the entire area.

The Coalition is not supporting SB2406, a take-off of the Oasis Bill, but they are also not opposing it.

BUREAU OF RECLAMATION: The Portland office of the BOR has been closed. The District is now attached to the Yakima office again. We are now in the Columbia-Cascade Area.

MAINTENANCE REPORT: The maintenance crew has done a lot of easement/right-of-way clearing, cleaning, mowing, burning, etc. They have been cleaning at the Stanfield pit.

MEETINGS: Manager Wilcox attended the Oregon Water Resources Congress Board Meeting, the Bureau of Reclamation Tri-State meeting and Special Districts Association of Oregon’s Annual meeting.

FYI

The Board packets included newspaper articles about Kennewick Irrigation District. The issue was about a bridge that needs to be repaired or replaced and the landowner feels that it is the responsibility of the Bureau or the District to continue to provide him with a bridge to access his land on the other side. A Board member was quoted by the newspaper saying things that could be construed as a commitment from the District without a decision on the issue being made by the Board.

HERMISTON SCHOOL DISTRICT: Manager Wilcox and Mr. Cheek met with the project supervisors regarding removing the old hospital and building the new West Park Elementary School. They have done sonic surveys of the property and are hoping to move the pipe before water comes on.

ADJOURNMENT: There being no further business, the meeting was adjourned by Chairman Miller at 7:11 p.m.

_______________________________             ________________________________

Charles Miller                                                      Annette V. Rambel

Chairman                                                             Recording Secretary

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