CALL TO ORDER: Chairman Charles Miller called the May Regular Board Meeting of the Hermiston Irrigation District (District) Board of Directors to order at 4:02 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 and Wes Locke; District Manager, Chuck Wilcox; Field Manager, Jeff Eicher; and Secretary, Annette Rambel.

GUESTS

GARY GRAY: Mr. Gray called and informed staff that he would not be able to make the meeting.

MINUTES 

The Board reviewed the minutes of the April 16, 2009, Regular 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 April 2009. The Board reviewed and signed the April/May 2009 Vouchers Report. Vouchers Numbered 35860 through 35920 were reviewed and approved. The Board signed expense checks.

OLD BUSINESS

EXCHANGE AGREEMENT: Manager Wilcox reported that there has been no progress in this matter.

KLOEPPER LAWSUITS: Manager Wilcox attended the criminal hearing brought against Mr. Kloepper by the Umatilla County District Attorney’s Office. Mr. Kloepper was found guilty in this matter and ordered to pay court fees, pay restitution to the District in the amount of $2,216.83 and sentenced to 24 months bench probation.

On the day of this meeting Mr. Kloepper hand delivered a copy of a request to the court to reschedule the small claims court case scheduled for May 22, 2009. Manager Wilcox phoned the court and informed them that this was the third time that Mr. Kloepper has asked that this case be postponed at the last minute and that rescheduling the date was unacceptable to the District. The court denied Mr. Kloepper’s request.

CAIN ENCROACHMENT: Manager Wilcox reported that Field Manager Eicher has verified that the Cain’s have removed the wall and their check for the violation fees was returned.

HERMISTON SCHOOL DISTRICT PROJECTS: Manager Wilcox reported that all of the leaks on the D-Line have been repaired and the line is now operational.

CAMPBELL MOTORS-EASEMENT ENCROACHMENT: Manager Wilcox reported that the Bureau of Reclamation has been reviewing old drawings of the pipe installation. The BOR has discovered that the elevation at Hwy 395 is about 10’ higher than at Fourth Street. Manager Wilcox explained to BOR’s Jerry Kelso that the encroachment is still an issue. Manager Wilcox explained that if the BOR could not protect the easement then the District needed an addendum to their contract which relieves us of all responsibilities of that drain. Mr. Kelso agreed with Manager Wilcox.

They went on to discuss that the drain was constructed by the BOR, but the City of Hermiston (City) has put a lot of things in it and it is just basically a storm drain now. Mr. Kelso suggested that the BOR tell Campbell that he has to remove his encroachments as long as the BOR owns it and then they will suggest to the City that they buy the drain. The City would have to get NPDES permits for every place that water comes into the system or take over the ditch so that the responsibility is theirs.

Wal-Mart has removed the fence that they had on the easement just above the Campbell land. Campbell is now the only one with encroachments in this area.

NEW BUSINESS

CUB SCOUTS DONATION: Cub Scout Pack 645 has requested to use the District’s portable toilet during the 2009 Umatilla County Fair. It will be used by the scouts while they are working at the parking lot fundraiser. The Board had no objections to allowing the cub scouts to use the portable toilet.

INTERNET ACCESS FOR SHOP BUILDING: The District has telemetry equipment in the field that can be monitored and ran via the internet. One of the older computers from the office has been taken to the shop for use by the Field Manager and Lead Man. Manager Wilcox has gotten an estimate for installing internet access to the shop. The District received an estimate from UniTech for $687. Director Bergstrom has experience with this and believes that this bid is too high. The Board agreed on having internet service connected to the shop and instructed Manager Wilcox to obtain a second bid or look into the District running the line themselves.

CROSSING AGREEMENT REQUESTS – FEWEL FARMS AND BRADY RETTOWSKI: The District has received a request from Fewel Farms to have an electrical line in conduit under our pipe that crosses the District’s O-Line on Bensel Rd.

Brady Rettowski requested permission to install a bridge across the M-Line off of Ott Rd. They need access to a 20 acre parcel that they purchased. They are asking for a 60’ access with a width of at least 22’ and a load capacity of at least 40 tons. Eventually that bridge will serve nine home sites. The last bridge that Mr. Rettowski built was made of steel and concrete and was well constructed.

Manager Wilcox explained that he does not anticipate any problems with either request. Director Bergstrom moved that the District approve the requests upon approval by the BOR. There being no further discussion, the motion was seconded by Director Jeppeson and passed unanimously.

SURPLUS PROPERTY: The District has a 1997 Chevy S-10 that is surplus property. Director Bergstrom moved that the District advertise the vehicle for sale with a minimum bid of $500. Director Locke seconded the motion and it passed unanimously.

MANAGER’S REPORT

WATER REPORT: The Feed Canal is no longer running. There is currently 27,718 af in CSR. The District has about 15,266 af in exchange credits.

UMATILLA BASIN COALITION UPDATE: Manager Wilcox handed out a Resolution Establishing Conditional Support for HB 3369 that was passed at the last Coalition meeting. This is the bill that Representatives Jenson and Smith have been working on. It addresses environmental concerns that have to be met before an entity can even apply for a grant or loan for water projects. The things that were required were very costly for those that wanted to apply for funding.

This Resolution stated that the Coalition supported the amendments to the bill that exempted the Umatilla Project from many of the study provisions that were included in HB 3369A that would add layers of unnecessary expense and delay the financing of the project.

TRI-STATE MEETING REPORT: Manager Wilcox reported that at this meeting they discussed the Clean Water Restoration Act. They also discussed a case that was decided in the 6^th Circuit Court regarding NPDES permits for aquatic herbicides. The court decided that once herbicides are diluted it is a pollutant because it is not doing a job, it is the remainder of what was used. That makes NPDES permits required for all aquatic use herbicides. The District holds an NPDES Permit. It just means that we need to maintain it and keep from getting any more restrictions on it than what we already have.

There was discussion about the BOR’s budget and their canal asset management program. This program is designed for the BOR to inspect more canals and offer suggestions on how to maintain them, primarily for public safety.

There was also a dedication of the John Keys III pumping plant at Grand Coulee Dam.

KLAMATH WATER USERS ASSOCIATION (KWUA): The District received a letter from KWUA regarding a PacificCorp rate increase of about 17%. In the letter they are asking for fellow ratepayers to partner with them to try to achieve more equitable rate standards for the state’s agricultural pumpers.

EQUIPMENT PURCHASE: RSC had a sale on used equipment. The District purchased a used cement mixer for $1,500 to replace the 1942 model that it currently owns. The District’s mixer has not been working well and the District has been renting one from RSC. We also purchased a gas powered compactor (rammer) for $1,150. The District has had to rent this tool several times. There was funding in the vehicle and equipment budget to purchase these items.

NORTHWEST IRRIGATION OPERATORS (NIO) TOUR: June 5, 2009, is the last day of registration for this tour. The agenda includes information on automated canals, feedlot operations and headworks renovations at Travers Dam, etc. No Board members plan to attend.

ADJOURNMENT: There being no further business, the meeting was adjourned by Chairman Miller at 5:04 p.m.

_______________________________             ________________________________

Charles Miller                                                      Annette Rambel

Chairman                                                             Recording Secretary

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