Flathead Irrigation District Meeting, January 27, 2021. 1:00 PM. AMENDED MINUTES
Lake County Extension Office
303 3rd Ave. NW., Roan, Mt.
Attending Commissioners: Paul Guenzler, David Lake, Dave Vincent, Bruce White, Janette Rosman.
Absent: No one.
Pledge: No Recordings. AMENDED MINUTES
BIA Report: Lawrence Nelson, Nick Belcourt and Curtis Yazzie attended the meeting. Lawrence and Nick doing most of the reporting. Curtis Yazzie has been appointed to take Zim Lytle’s position in 30 day appointed increments until position is filled. Curtis has 30 years of experience with FIIP. QUOTA: Lawrence reported Mission Valley = 58,924 Acres served =1.32-acre feet. 77,795 totals delivered. Camas =10.525 Acres Served = 0.98-acre foot, 10,304 delivered. Jocko=6205 Acres served = 3.08 (?) Acre foot, 19,109 totals delivered. (Zim is still looking it over). Nick has hydrology tech. going thru vaults taking pictures of maps. Some are getting training on flow measurements. Six ISO positions are being advertised along with heavy equipment mechanic. Zim’s last day is January 29th. His position will be divided into two separate Watermasters. PUMPING PLANT: Tribe has entered an agreement with BOR. Pumping plant is on schedule, old equipment is out, getting ready to install new equipment. Pump 2 heating issues are not because of bearing failing. They brought in National Electric and discovered some alignment issues. Nick is working on financing the alignment project. SNOW LEVEL: 96% above 6,000 feet. February 3rd FIIP is meeting with Hot Springs Irrigators. Lawrence stated FIIP may end up with some Winn Act funds 2021. If so, they will be buying equipment that will be transferred to Irrigator Project. He also mentioned Indian Preference of Law will take an Act of Congress to change it. Individuals need to go to Congressional leaders to change the law for hiring non-tribal members. FIIP was built to benefit the Tribe.
November minutes: David Lake mad made motion to approve the minutes, Dave Vincent second. Passed
Warrants: Whaley letter was discussed. They have increased their accounting rates to $750 per month due to the additional work they provide since we dropped Black Mountain Software. Dave Vincent made motion we approve warrants, Dave Lake Second. Passed. Total of warrants came to $5,428.51. Included in warrants were meeting and mileage for commissioners, July thru December secretary payment $1051.49 for Janette, reimbursement for supplies. Whaley Acct., Click Here Design, Five Valleys Law, Payroll tax deposit dept. of Revenue. Warrant list can be viewed on web site. Flathead Irrigation District.org. Funds in ADMIN Acct: $623,994.00. O&M Acct. $2,204.682.00.
BIA Warrant: Janette Rosman made motion to pay First half of 2021 BIA Assessment Bill for Flathead Irrigation District, $1,471.084.78. Lake County Acreage 74,909.309 Acres. Sanders County Acreage 11,925,770. Bruce White Second, Passed.
Special Election for District 1, Moiese. May 4th. Resolution 2021-1. Flathead Irrigation District Election. Bruce White made motion to accept Resolution 2021-1, David Lake Second. Passed.
Cassie Dellwo Petition to disburse FJBC Assets: Cassie reported a letter was sent Ray Swenson, Mission and Jocko Districts. RE: Petition to Re-Open Mission Valley Irrigators, et.al v. Flathead Joint Board of Control et.al. -Cause No. DV-16-106. The Flathead Irrigation District held its monthly meeting on, Wednesday, November 25, 2020. At that meeting the Board of FID and I discussed the outstanding issues in the proposed Petition to Re-open among other things. As a basis for our discussion, it was FID’s and my understanding that the Mission Irrigation District, Jocko Irrigation District presented the following counter offer: Discussing the distribution of FJBC Assets, Irrigation Districts office building presently held in FJBC name and FJBC checking account for $13,204.00. Real property to be transferred to irrigation districts as follows: Flathead Irrig. District- 79.9%, Mission Irrig. District 13.2%, Jocko Irrig. District -6.9%. Each District have right of 1st (pg.1)
refusal on real property, as to other districts, and FID shall receive all funds in the FJBC bank acct., in exchange to waive of all claims for moneys owed by the Mission and Jocko Districts. FID made the following counter proposal: Real Property to be transferred to Irrigation Districts according to above percentages, right of first refusal on real property as described above and will be done in a separate agreement outlining the terms. FID shall receive funds of FJBC bank account, in exchange for receipt of all funds, FID waives any and all claims for moneys owed to FID from Mission and Jocko Districts while the districts were a part of the FJBC. FID, Mission and Jocko Districts waive all claims they may have against each other with regard to anything dealing with Flathead Joint Board of Control: AND Each district pays it proportionate share of the attorneys’ fees and costs associated with drafting the Joint Petition to Re-Open, Proposed Order to Re-Open, Joint Motion Distribute Flathead Joint Board of Control’s Assets., Proposed Order of Distribution, AND the Right of First Refusal. I, Cassie estimate, provided there are no further issues, the total to be no more than $1,000.00 for the drafting of the above documents. Mission and Jocko’s portion of the total would be approximately $201.00. Please confirm. I urge you to retain your own legal counsel to assist you in this matter.
Cassie stated their response was: January 15, 2021. Offering the following counter proposal: 1. Real property is to be transferred to the irrigation districts as follows: Flathead 79.9%, Mission 13.2%, Jocko 6.9%.
- Each Irrigation District grants right of first refusal on the real property as to the other Districts. A separate agreement will be done outlying the terms of the Right of First Refusal and processes to be used. This document will be drafted and agreed upon all District prior to the filing of the Joint Petition. 3. FID will receive all funds in the FJBC bank account, and in exchange will waive any and all claims for moneys owed to FID from the Mission and Jocko Districts while the districts were a part of the FJBC. This account will be used solely for the purpose of any maintenance required on the jointly owned building. Processes and procedures for maintenance of the building will be outlined in a separate document. (this can be included in the right of first refusal agreement), and will be drafted and agreed upon by all Districts prior to the filing of the Joint Petition. 4. Flathead, Mission and Jocko Districts waive all claims they may have against each other with regard to anything dealing with FJBC. 5. Mission Jocko Irrigation District agrees to pay their portion of any court costs or filing fees. Upon agreement of the above Mission Jocko Irrigation District agrees to cooperate with Flathead Irrigation Districts’ petition pending review and approval of any documents received.
The FID commissioners agreed to have Cassie reach out to Mission and Jocko district with final offering regarding the petition.
Montana Water Resources Association Dues $4900.00. There was discussion regarding the dues and does FID benefit from it? It was recommended that we stay with it, 15% of the money goes to water resources. In the future it may not make sense that we continue to pay dues. Dave Vincent made motion to accept the bill. David Lake second. Those voting Yea: Paul Guenzler, David Lake, Dave Vincent, Janette Rosman. Nae: Bruce White. Passed.
LSG Audit for 2019/20. There was discussion between the commissioners regarding the cost of LGS for the number of checks written on the O&M account. It was requested that Janette go to Wipfli and ask for a lower rate. Wipfli came in at $9K for 2019/20. Denning and Downing came in at $8k for 2019. Wipfli did state they would do 2019/20 at a lower rate when they submitted the 2017/18 audits. Tabled until February meeting.
Public Comment: Cassie announced her rate in 2021 will increase on March 1st to $225/hr.
Janette made motion to adjourn, Paul second. Passed
Janette Rosman, Secretary
