Central Oklahoma Master Conservancy District Board Meeting

MINUTES OF REGULAR BOARD MEETING CENTRAL OKLAHOMA MASTER CONSERVANCY DISTRICT Thursday, November 2, 2017 6:30 P.M. PRESIDING: Roger Frech, Chairman MEMBERS PRESENT: Amanda Nairn, William Janacek, Kevin Anders, Casey Hurt, Mark Edwards MEMEBERS ABSENT: Jann Knotts OTHERS PRESENT: Randy Worden, General Manager; Kelley Metcalf, Administrative Assistant; Mike Wofford, District Counsel; Kyle Kruger, Garver; Neal Engleman, City of Norman; Ken Komiske, City of Norman; Paul Streets, Assistant Public Works MWC; Joy Hampton, Norman Transcript; Steven Patterson, Bio X Design; Dan Storm, Biosystems & Agricultural Engineer OSU; Jason Vogel, Director of Oklahoma Water Survey, University of Oklahoma Civil Engineer & Environmental Science Call to Order. The meeting was called to order at 6:30 P.M. by Roger Frech, Chairman. The General Manager stated he had posted notice of the monthly board meeting in compliance with the open meetings act. 1. Discussion/Consideration of Minutes from previous meetings. Amanda Nairn made the motion and William Janacek seconded the motion to approve the minutes as presented of the regular board meeting held on Thursday, October 5, 2017. Roll call vote: Chairman Roger Frech Yes Vice Chairman Mark Edwards Yes Treasurer Jann Knotts Absent Secretary Kevin Anders Yes Member William Janacek Yes Member Amanda Nairn Yes Member Casey Hurt Yes Motion Passed. 2. Consideration of financial statements for operating account for September 2017 payment of claims. Cassey Hurt made the motion to approve the September 2017 and Amanda Nairn seconded the motion to approve the financial statements and payment of claims. Roll call vote: Chairman Roger Frech Yes Vice Chairman Mark Edwards Yes Treasurer Jann Knotts Absent Secretary Kevin Anders Yes Member William Janacek Yes Member Amanda Nairn Yes Member Casey Hurt Yes Motion Passed. Page 1  3. Presentation from Jason Vogel and project team regarding floating wetland project. Jason Vogel and the project team presented the board with a PowerPoint presentation followed by Q&A. Discussion was held. 4. "Discussion, consideration, and possible vote upon a resolution for the District to acquire from the United States portions of the property of the Norman Project, commonly referred to as the "Single- Purpose" facilities and real estate, for the retrieval and delivery of water to the user cities, such as pumps, pipes, storage tanks, energy systems, and easements, and including the property of the District headquarters and such other as may be necessary or convenient for the purpose, and further directing the District General Manager to take the actions and pursue the activities necessary and convenient to do so". The General Manager provided the following list of assets the District should request from Reclamation. The list may not include everything that should be transferred. All pipeline serving Norman, Midwest City and Del City Terminal and surge tanks on the pipelines Pumping plant at Lake Thunderbird Re-pumping plant on I-240 The property on which the plants, building, support facilities reside All easements east of the plant that has been reserved for a future plant All buildings used by the District Roads, driveways and access to the lines, plants and buildings All records, plans, surveys, and documents associated with any of the assets listed above The District's Board of Directors requested that a list of projects/issues be developed to illustrate the costs incurred due to Reclamation involvement as the issue of title transfer is considered. Following is a compilation of items with time and expense implications noted. 1. Ragan easement- In 2014, during a Reclamation inspection, it was discovered that the Ragan's were having a detached garage constructed that encroached on the 66 wide pipeline easement. Reclamation asked the District to handle the issue. The District hired a surveyor to accurately determine how much the building encroached on the easement then requested the District's attorney to draft a document that would allow the Ragan's to leave the structure in place without Reclamation giving up any easement rights. The agreement was signed, the District collected legal and surveying costs from the Ragans and the document was forwarded to Reclamation. About nine months later, Reclamation notified the District that the District had no legal authority to execute such a document and the District told Reclamation that it should take the lead from that point forward. After several years of discussion, correspondence exchanges and legal expense, the process ended with an almost identical document as the District had originally proposed. The cost of Reclamation's involvement is estimated to be about $40,000-$50,000. 2. New Office Construction- When the District made the decision to construct a new office building, an architect and builder was selected and hired to design and construct the building. The site selected for the new office was at the same location as an existing caretakers house. The structure was inhabitable because the house's foundation had failed, and the structure was consumed by termites. Reclamation agreed that the house should be demolished. The design was completed and the builder ready to begin when Reclamation notified the District that an Page 2  environmental assessment would have to be performed to demolish the old caretakers house. This action was argued since an environmental impact study was done before the house was constructed and the site was previously disturbed. The District was not successful in its arguments and Reclamation began the assessment which took about 120 days. Once the assessment was completed, the house was demolished, and preparations were made to begin construction on the new building. Once again Reclamation notified the District that, yet another environmental assessment would be required before the office could be constructed even though an environmental impact and environmental assessment had been done on the same site and the site had been disturbed during construction of the demolished house and during the demolition. This assessment only took an additional 90 days. The total impact of the assessments was a cost of approximately $30,000 and 210 days delay. 3. Fence line clearing- The District began clearing fence lines in 2008 to reestablish the property lines, rebuild / rehab fences, reestablish fire breaks and provide access for fire-fighting equipment in the event of a wildfire. Initially there were no restrictions on the clearing and repair. Then in 2013 Reclamation advised the District that it had to present a plan for the areas to be cleared and fences reconstructed. In 2015 Reclamation received assistance from the Oklahoma Forestry Dept. in developing a Fire Management Plan for the Norman Project. The Forestry Dept. praised the work done by the District and indicated to Reclamation that this is what should be done with all Reclamation projects. Reclamation began efforts to clear perimeters at all their projects as a result. When 2016 clearing began Reclamation advised that the District would have to request permission to clear along any fence line in advance of the work. The District complied and received approval about five to six months later. Then in 2017 the District was advised that an environmental assessment must be performed prior to any further clearing even though an environmental impact study was performed when the project was developed, and the property lines cleared to construct the fences initially. The District complied and requested approval in May 2017. A team of six archaeologists is scheduled to begin their investigative work in October 2017. The District may receive approval to move forward in 2018. The impact to the District is an estimated delay of 8-10 months and a cost of $21,500. 4. Hog Trapping- Wild hogs have been causing damage on the project for the last four years. Each year the damage gets worse as the hogs are rapidly multiplying. The issue was discussed with Reclamation two years ago and determined that something should be done. The District first constructed a trap, however it was not successful. Further discussions were held, and it was decided that the District would purchase a manufactured trap and that the trapped hogs would be destroyed and buried on-site. Reclamation advised that any excavation for burial would require NEPA review and an environmental assessment be conducted prior to burial. The District suggested a site for burial which was rejected and then another site was proposed. Reclamation began the environmental assessment which is estimated to take approximately 90 days and cost approximately $2500. 5. Floating Wetland project- The research project to utilize floating wetlands for controlling shoreline erosion is just getting underway. Although there are no plans of excavation, Reclamation has determined that an environmental assessment is required. It is anticipated that it will take about 90 days to complete and cost around $5000. 6. Del City Pipeline- The District has engaged Alan Plummer Associates to design a replacement for the Del City pipeline, due to the numerous breaks and repair expense of the existing pipeline. Page 3  The District and APAI have met with Reclamation and Reclamation has indicated that they want to review the plans at the 30%, 60%, and 90% design stages and that it should take from 30-90 days for each review depending whether the plans will be forwarded to the tech center or regional offices. Although the review will not cost the District any expense, it will add from 90- 270 days to the design project that is scheduled to take 365 days to complete. 7. Critical Need Water Supply Study- Tetra Tech was hired to perform an augmentation study in 2008 to consider importing water from outside of the basin into Lake Thunderbird. The study cost about $235,000 to complete. The additional NEPA requirements by Reclamation added approximately 15% to the total cost of the study. Discussion Held. Roll call vote: Chairman Roger Frech Yes Vice Chairman Mark Edwards Yes Treasurer Jann Knotts Absent Secretary Kevin Anders Yes Member William Janacek Yes Member Amanda Nairn Yes Member Casey Hurt Yes Motion Passed. 5. General Manager's Report.  Staff attended weekly safety meetings.  Sent draft budget for FY 2018-2019 to city managers.  Met with Reclamation regarding additional parking areas to be constructed.  Received score of 92 on the dam inspection conducted this year by Reclamation.  Held kick-off meeting with Alan Plummer Assoc. to begin Del City pipeline project.  Met with project team for the Floating Wetland project to tour potential placement sites for the floating wetlands.  Held another successful annual fish fry on Oct. 12. Estimated 190-220 people attended.  Finley & Cook conducted financial audit at the District offices. Results will be presented in following months.  Attended conference call with OARP.  Received and set up hog trap at north end of property. The General Manager stated the security inspection by Reclamation has been postponed. 6. Legal counsel report. Mike Wofford advised he had nothing to report. Page 4 9. New business (any matter not known prior to the meeting and which could not have been reasonably foreseen prior to the posting of the agenda. Roger Frech entertained a move to adjourn, Casey Hurt made the motion and Amanda Nairn seconded the motion to adjourn. Roll call vote: Chairman Roger Frech Yes Vice Chairman Mark Edwards Yes Treasurer Jann Knotts Absent Secretary Kevin Anders Yes Member William Janacek Yes Member Amanda Nairn Yes Member Casey Hurt Yes Motion Passed. Meeting adjourned at 7:36 PM Page 5