Flathead Irrigation District Meeting, June 10, 2019
Lake County Community Development Center, Ronan
407 Main Street SW., Ronan. 1:00 PM
Attending Commissioners: Paul Guenzler, David Lake, Dave Vincent, Bruce White, Janette Rosman.
Nobody Absent.
Pledge:
Recording: David Passieri (came in after meeting started) Janette Rosman for FID.
Updated Agenda Item: Cassie Dellwo discussion and action item on Camas. Vote was taken and it passed unanimously to add it to agenda.
May Minutes: Dave Lake made motion to approve minutes, Dave Vincent, second. Passed.
Warrants presented were: Montana Water Resources Association Dues $4800.00, Hub International (Bonding 5/commissioners) $100.00. and Whaley & Associates PC, monthly accounting fee $479.40. Total $5,379.40. Motion was made by Dave Lake to approve the warrants, second by Dave Vincent. Passed
Review and discuss election process: Cassie Dellwo said, there was some confusion when it came to the list of certified voters. Whaley had sent a spread sheet to the election office to send ballots out to owners of irrigated parcels. That list includes designees and the list was within the timeline before the Passage of Senate bill 116, the list cannot be changed. We have to send it out with designees. Those that did not file a designee they will get a ballot. Cassie stated there were a lot of address errors. Names who were listed but don’t live in the state of Montana but in California. Those address can be updated before the ballots are mailed out and address need to be done in the same format that Katie is using. Cassie stated the designee forms that were mailed in need to go to Whaley Accounting. Cassie stated Whaley accounting needed the forms so they could double check all the addresses. Janette explained that Election office does not use Black Mountain Spreadsheet. Katie has her own spreadsheet. Cassie stated we need to verify ALL the address on the spreadsheet that Whaley Accounting gave to the election office and spreadsheet needed to be in the Election Office format. Cassie will get the spreadsheet to us, she wanted it to be of record that some ballots will be going to designees, some to husband and wives who did not designate a designee, some to land parcels with multi-owners who did not designate a designee and some to designated designees. Everyone will get a ballot. Land owners who want to remove their designee, can do so up until July 12th. It has to be in writing. David Lake made a motion addressing Cassie’s recommendation that is underlined above. Janette Second. Passed.
Paul was concerned about the land owners who designated a designee. Cassie stated, we need to let the land owners know that they don’t need a designee and if they have a designee it is going to be on record until they change it. Dave Vincent asked is it possible to start over in the next election and just send it to the property owners? Question was not answered. Cassie did state that before ballots are sent out the commissioners are to check the spreadsheet of irrigators and making sure the right owner is listed with the correct address. Commissioners are cross reference the Election office spreadsheet with the Tax ID (Assessor office). This is what Katie wants to certify the List of Irrigators. Dave Vincent asked question again, Can we just start over? Cassie stated we need to notify the land owners that we are starting over and not using designees unless land owner request it. Janette stated she thought the only person that can remove the designee is the land owner themselves. Cassie stated, the law allows FID commissioners to Amend things. She said it is so difficult to change remove the designee, she recommended that we send a letter out to everybody letting them know about the new law and if land owner wants to remove designee have it in writing and do so. Make sure Whaley gets all the updates and everything gets put into the system properly. Paul asked about certifying the list. Cassie said prior to sending the ballots out the commissioners need to go thru the land owner list we represent, check out the land owners on Katie’s ballot list and verify owner and address of owner with Tax ID number (Assessor number). Following commissioners checking the owner and address, commissioners need to report to someone that they have checked and they certify their list.(They reported to Cassie) Address need to be verified and corrected. If there are corrections let Whaley and Election office aware of address corrections. Most of the commissioners had concerns about having to check the list of irrigators and their address every year due to the fact commissioners don’t personally know the land owners and every year the Election office is going to ask, “Is This Your Certified List of Irrigators.” There was more discussion about changing the designee and how it should be done. Cassie will draft a simple designee form to be used and will send it to Katie for her review. It will then be put on the web site and the land owner can request a form from their commissioner. Janette suggested that in 2020 the FID will have sent out a letter to everyone who has designated a designee, Paul stated we will take that up before the next election, let’s take care of this one.
Zim Lytle and Larry Nelson of FIIP gave Paul an updated BIA budget for our files. He reported Pete Plant is in Portland this week attending meetings. Larry provided Chairman Paul with an updated budget report. David Lake asked will all three pumps on the river be running for this year irrigation season. Zim stated two are running, 3rd one transformer fried itself. Paul stated Winn Act has approved 7M for the pumping plant, it will be a 638 Contract thru the tribe. Larry said before you can spend any money of Federal projects you have to have a design to put it out for bids and the Winn Act funds will pay for that design estimated to be 2Million. The design will be done this winter and it will be the following year before the start of any repairs. Larry received construction funds to get repairs done on all 3 pumps. A contractor coming in this week to get bid for repairs out in the next day or so. Design stage will address all the issues of the pumping station, stabilization of hillside, pipes, pumps etc. Larry heard that there was a study done several years ago (Cal Poly) for pump repairs and it was in the 30M range, likely those costs have gone up. Ted Heine asked about the 638 Contract, Larry said the 638 Contract will be contracted with the tribe and Tribe is looking at Bureau of Reclamation to do the design. Bruce White asked why you have to have a 638 Contract thru the tribe to work thru BIA. Larry said, #1. Tribe can issue contracts faster than the Federal Government, #2 Tribe can get First Right of Refusal because Tribe is the agency here within Flathead Agency. Paul said, BIA overhead is higher than the Tribes so money will go further with 638 Contract with Tribe. Larry Nelson then went back to the discussion of BIA Budget that Pete Plant has provided, should you have questions contact them. Larry moved onto the water quota stating the water users received a letter in the mail that identifies the quota for Mission and Camas area and FIIP anticipation to enforce the water usage. At this meeting Larry stated the water running in the ditches is delivery water.
Water quota letter was sent out by mail. Water quota: Mission Valley South and North is.70, Camas/Lonepine.75. Letter identifies quota for Mission Valley and Camas and water quota will be enforced. Phone numbers for all the ditch riders are on the back of that letter. Paul stated, O&M Charges for 2020 and 2021 will continue to be $33.50 with no increase. If there are no complaints Pete is going to push the button on Friday and it will be sent to the Federal Register. Somebody asked if water in the ditches now was free water and Larry stated, water presently in ditches is delivery water.
Dave Vincent asked how is BIA going to enforce water quota. Larry Nelson said the .70 & .75 are very conservative numbers and irrigators will likely end up with 1.00 acre foot. But right now we have to be somewhat conservative. It was Larry’s understanding that in the past everybody was able to grow a crop with previous quotas for their operations. Dave V., also asked how Crow Dam project is coming along? Zim said they have all the concrete in place, the gates will not be in place because they need to hook up the spillway. Paul said he has heard they will be closing the road. Larry said he understands they are raising the road for safety reasons but the capacity of the reservoir will remain about the same.
Camas District agenda was added to the Agenda at beginning of the meeting. (Cassie did not receive the Acknowledgment/Waiver of Service of a Summons until Friday after June Agenda had been posted). Cassie reported it has been awhile since we’ve had discussion on Camas petition to form a Camas District. Cassie has had discussion with Camas council whether there was going to be any objections to the petition. It was discussed if Camas formed its own District there would not be any damage done to Flathead Irrigation District. In the discussion there were no complaints about Camas irrigators moving forward to form their own District and Flathead District will not oppose Camas forming their own District. Cassie said on Friday she received a Notice of lawsuit and request to acknowledge and waive service of a summons. (To avoid expenses FID must acknowledge separation of Camas Irrigators from Flathead District). (FID approved Camas separation at an earlier meeting). When waiver has been signed by FID legal representation, Cassie Dellwo will file with the court and action will then proceed and FID has 21 days to answer complaint. If we did not agree and sign Camas legal council will arrange to have the summons and complaint served on you. (Waive Service of a Summons paperwork is on file with FID for irrigators review). Cassie stated, allow me to waive the service of a summons and come forth with a revised petition. This gives her time to talk with the counsel in regards to Camas plans. To not accept service would be a detriment to FID. What would happen is Cassie would sign Acknowledgement and Waiver of Service of a Summons on behalf of Flathead Irrigation District of whom she represents. And then we would have an answer period of 42 days with the court after that. Bruce White said the Flathead District had to be served to get any of the process moving forward. The judge won’t look at it until FID has been served. That was his understanding. David Lake made the motion to have Cassie who represents FID to sign the Acknowledgment and Waiver of Service of a Summons, Bruce White second. Passed unanimously.
BIA Comprehensive Review: Bruce explained that he got a call from Senator Daines office to do a Comprehensive Review; there is an office that has agreed to do it for free. Flathead District has to do an audit every year, BIA is spending the biggest portion on O&M fees and he feels BIA should have to do one every year too. Paul stated, when they meet with Ron Catlin, Senator Daines office, he was talking about this, don’t expect an answer real fast. Also Mission and Jocko are asking them to hold off any Compact negotiations for two years in their letter. Janette has concerns about this, when I attend the Mission and Jocko meetings I don’t agree with Mission and Jocko’s agenda against BIA and Compact. If we are agreeing to a Comprehensive plan I would like to see it in front of me before I vote on it. Bruce stated, this is not the plan itself, this is to get onboard pushing Daines office, forcing a Comprehensive Review. Janette said why would I agree to this if I have not set foot in BIA office to discuss some of the problems that are in place? Bruce said, the problem is an accounting review of the money they have spent the last 10 years. It’s a review of all the financials. Janette stated it’s not any different than asking the Forest Service for an audit; it’s not going to happen. Bruce, Daines general accounting office has said it is not going to cost us anything. Ted Heine said it is a review of the Project, Janette, the Project under the realm of BIA. Bruce, it’s our money, I put that money in there for them to do a job for us. Delivering the water. Fid has to account for every dollar we have, why shouldn’t they have to do it? David Passieri this is a free way for one of our elected officials to request an audit, why don’t we have these reports? Because someone obviously books are not being opened to us, but it’s free so he is in support of it. Ted, basic thing is 3M dollars, they stole 3M dollars. Cassie, there are questions on how the money is being used, when we do have the opportunity to use an elected official it is worthwhile to discuss it with them, to have the discussion. Paul said, I have a question for Bruce, “This comprehensive review will be focused solely on Flathead Irrigation District.” David L agrees he does not want to see it anything but a Comprehensive Review. Bruce W., an audit of the accounting. Paul, it will not have anything in there regarding the Compact. Janette, will it be possible to see what we are voting yes to, is there any documentation. Bruce said, all Flathead needs to do is to ask Daines to proceed forward with a Comprehensive Review. Bruce stated we can make our own motion and do it individually. Send it to Daines and Catlin requesting a Board Review. Janette asked Paul’s thoughts on it, Paul said if it is the Flathead District requesting a Comprehensive Review and nothing else tied to it. David Lake made a motion for Flathead District to approach Senator Daines to do a Comprehensive Review on BIA project. Period. Bruce Second, Passed. Paul, David L, Dave V, Bruce W., Yea. Janette abstained.
Discussion of District Office building in St. Ignatius, monthly expenses. Saint Ignatius and Jocko are covering all their expenses for the building. FID will no longer have any warrants to cover monthly charges for District office. Janette stated that our email account is thru Blackfoot but it appears that they are paying for that as well. Janette noticed that the secretary’s office has been moved to the door entrance room and when they move the files they will likely go into the old secretary area. Paul said, Flathead will need be a part of moving the files. David Vincent said he doesn’t think there are any property taxes on District office. Bruce White said, he has never seen a bill.
Janette shared that she went to Local Government Services that the State of Montana put on in Polson and she asked if we needed to get an appraisal on the building to determine value for our financial report. LGS said, no contact the insurance company and find out how much building is insured for. I have since done so and received an email from Maco/Payne West insurance, Lauren Marsh, SBCS, lmarsh@paynewest.com building at 524 n Main Street, Saint Ignatius, Mt. insured for $166,279.00. I sent the email to Mission and Jocko Chairman. Bruce W. asked are they trying to deed back the building. Janette said this is for the financials, Cassie has stated we can’t deed that building back to the Three Districts until Judge Manley reopens that lawsuit. Paul said at the same time FID gets the $12,000.00 in FJBC checking account. Janette, all we need to do now is get Mission and Jock to agree to the insured price as the present value of the building for our financials.
Paul questioned did we get a 2019 budget and we need to be thinking Admin charges for 2020. What we amount are going to turn into Lake County in August for our Admin charges. Keep it at 50 cents? Janette stated we need to have an Admin budget and 2020 budget?
Ted Heine would like a foie request for the Flathead District to obtain a Flow data from one of the Camas canals. He has been unable to get it in the past. He would like to borrow our attorney for FID to get that data for Camas. Ted needs to legally obtain it, this is water business. Cassie said it would take 30 minutes. Paul said would you like it on the agenda in July. Ted said, yes. He wants something of record for Historical use should they go to Water Court.
Paul Guenzler will be the contact person for Katie to give out should irrigators have questions regarding their ballots.
Motion was made by David Lake to adjourn, second by Dave V. Passed
Janette Rosman, secretary