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Central Oklahoma Master Conservancy District Meeting

Regular Meeting

Norman, OK · September 5, 2024

AgendaMinutes

Minutes

MINUTES OF THE REGULAR BOARD MEETING CENTRAL OKLAHOMA MASTER CONSERVANCY DISTRICT Thursday, September 5, 2024 6:30 P.M. Location: 12500 Alameda Dr. Norman, OK 73026 A. Call to Order President Amanda Nairn called the meeting to Order at 6:30 pm. Roll Call Board Members Present: President Amanda Nairn Vice President Michael Dean Secretary-Treasurer Dave Ballew Edgar O’Rear Espaniola Bowen Steve Carano Bryan Hapke Board Members Absent: None Staff Present: Kyle Arthur, General Manager Kelley Metcalf, Office Manager Tim Carr, Operations & Maintenance Supervisor Others Present: Dean Couch Paul Streets, Midwest City Mark Roberts, Midwest City Andy Bruehl, Norman Virtual Carrie Evenson, Midwest City Ms. Nairn asked the guests to introduce themselves. B. Statement of Compliance with Open Meeting Act Kelley Metcalf, Office Manager, stated the notice of the monthly board meeting had been posted in compliance with the Open Meeting Act. C. Administrative Page 1 of 6 1. Public Comment None 2. Report- June and July 2024 financials Ms. Nairn briefed the two board members that were absent at the last meeting, regarding the approved Resolution appointing Mr. Ballew to interim Secretary-Treasurer. She also explained that the District Bylaws state that the Treasurer and the Secretary may be one and the same person. Ms. Nairn also announced that elections will be held at the October meeting. Mr. Ballew said the decision was made to provide the LPL Financial statement on a quarterly basis. He asked if anyone wanted that changed back to monthly to let him know. As such, the LPL statement was not included in the packet for this meeting. Mr. Ballew pointed out on the Balance Sheet that the LPL investment account balance is approximately 4 million dollars and generally holding steady. Mr. Ballew asked if anyone had any questions. Mr. Arthur added, since the last meeting, that two Treasury Bills (T-Bills) matured, and both were reinvested. $500,000 was reinvested for 6 months at the rate of 5.185%, maturity date in January. $250,000 was reinvested for 6 months at the rate of 4.982%, maturity date in February. Mr. Ballew stated the Federal Reserve’s annual Jackson Hole Economic Symposium Conference was recently held, during which the Fed signaled a likely rate cut in the 3rd quarter of ¼ of a point, or ½ of a point. Mr. Ballew stated Wall Street has already priced in a ½ point. Mr. Ballew said when future Certificate of Deposits (CD’s) and T-bills come due it will be more difficult to obtain an interest rate above 4.5%. Mr. Ballew said the District’s weighed average adjustment rate on all the investments is in a nice place. Mr. Dean asked a question on the June 2024 Profit and Loss statement regarding $3,714.60 in expense account 5826,(Auction Commission Expense). Mr. Arthur stated that is the 10% commission fee for utilizing the company that held the on-line auction. Ms. Nairn asked if all the items had been picked up, and Mr. Arthur said yes. Ms. Nairn asked if there were any other questions, hearing none she moved to item #3. 3. Forebay Cleanout update Ms. Nairn reminded everyone, in March, a contract was entered into to clean out the forebay at the Relift Station. The contract was written to not exceed $100,000. She stated that the entire process will almost certainly exceed the initial cost estimate. Ms. Nairn stated the forebay has not been cleaned since 2007. The first phase of cleancleaning out the forebay occurred in May, at a cost of approximately $40,000. Page 2 of 6 Mr. Arthur shared pictures and gave a brief description and a footprint of the project. Additionally, he detailed some of the challenges with the project and the lessons learned during Phase I. He stated that two hundred thousand gallons of sediment are estimated to be in the forebay, which is equal to 4 to 5 feet of sludge. It is estimated that 30,000 gallons of sediment were removed. Mr. Carano asked if the District was having any trouble delivering water due to the sediment buildup. Mr. Arthur answered no, and he doesn’t think there is any threat of not being able to deliver water, however every year a little bit more capacity is being lost. Mr. Hapke stated that maybe the objective should not be to clean it entirely this year, but rather going forward clean it out on a routine basis to incrementally remove all ofall the sediment. He stated that 4 feet in 18 years is the sedimentation rate, and 30,000 gallons have already been removed. Mr. Arthur stated his original goal was to clean it out, but this approach could be considered. Mr. Dean stated the design of the final catch is 3 feet higher causing water to move with the current and possibly allowing more sediment to enter. He wonders if testing for turbidity at the forebay, Midwest City and Del City would be helpful information. Mr. Dean suggested spending the rest of the contract monies. Mr. Streets asked if the drain daylights as a pipe. Mr. Arthur said it did, on the west side. Mr. Streets suggested the possibility of flushing the sediment down the drainpipe and removing it by vac truck at that location. Mr. Arthur said that was a good thought and they would think more about that. Mr. Arthur also stated that, in line with Mr. Streets’ comments, there had been conversations among staff about digging an earthen impoundment there to catch and remove the sediment. Ms. Nairn stated the District will exhaust all the left-over contract amount on attempt #2, when demand is down. Ms. Nairn stated future discussions will take place. Hearing no other questions, Ms. Nairn moved to the action portion of the meeting. D. Action: Pursuant to 82 OKLA. STATUTES, SECTION 541 (D) (10), the Board of Directors shall perform official actions by resolution and all official actions including final passage and enactment of all resolutions must be approved by a majority of the Board of Directors, a quorum being present, at a regular or special meeting. The following items may be discussed, considered, and approved, disapproved, amended, tabled or other action taken: 4. Minutes of the regular board meeting held on Thursday, July 11, 2024, and corresponding Resolution Ms. Nairn asked if there were any questions, comments, or edits, hearing none she entertained a motion. Michael Dean made a motion seconded by Bryan Hapke to approve the minutes and corresponding. Resolution. Roll call vote: President Amanda Nairn Yes Vice President Michael Dean Yes Secretary-Treasurer Dave Ballew Yes Member Edgar O’Rear Yes Page 3 of 6 Member Espaniola Bowen Yes Member Steve Carano Yes Member Bryan Hapke Yes Motion Passed 5. Agreement for Sale of Surplus Water from Del City to Norman, and corresponding Resolution Ms. Nairn reminded the Board that this contract was discussed at the last meeting. Since then, Norman and Del City have already approved and signed the agreement. Ms. Nairn then asked Mr. Dean to give a brief explanation of the conception of the agreement. Mr. Dean did so and then asked if anyone had any questions. Hearing none she entertained a motion. Dave Ballew made a motion seconded by Espaniola Bowen to approve the Agreement and corresponding Resolution. Roll call vote: President Amanda Nairn Yes Vice President Michael Dean Abstain Secretary-Treasurer Dave Ballew Yes Member Edgar O’Rear Yes Member Espaniola Bowen Yes Member Steve Carano Yes Member Bryan Hapke Yes Motion Passed 6. Possible Executive Session For the purpose of confidential communication regarding the employment hiring, appointment, promotion, demotion, review, disciplining or resignation of any individual salaried public officer or employee, in this case the General Manager of the District, pursuant to 25 O.S. § 307 (B) (1) of the Oklahoma Open Meeting Act; Chair designation of staff to attend executive session and to take minutes Ms. Nairn stated Mr. Couch was to be present during the executive session. Bryan Hapke made a motion seconded by Steve Carano to enter executive session. The motion passed unanimously. Ms. Nairn announced a 5-minute break. Executive session began at 7:38 P.M. Return to regular session at 8:26 P.M. 7. Return to open session and possible action deemed appropriate, if any, arising from discussions held in executive session concerning matters pertaining to employment, hiring, appointment, promotion, demotion, review, disciplining or resignation of the General Manager of the District Page 4 of 6 Ms. Nairn read the resolution aloud. The paragraphs with the blanks were filled out as follows; IT IS HEREBY RESOLVED that the performance of the General Manager since the most recent performance review, in July 2023, has been very positive. IT IS FURTHER RESOLVED that the General Manager shall receive a 5% increase in salary effective July 1, 2024, plus a $5,000 bonus. Ms. Nairn entertained a motion. Steve Carano made a motion seconded by Edgar O’Rear to approve the resolution. Roll call vote: President Amanda Nairn Yes Vice President Michael Dean Yes Secretary-Treasurer Dave Ballew Yes Member Edgar O’Rear Yes Member Espaniola Bowen Yes Member Steve Carano Yes Member Bryan Hapke Yes Motion Passed Mr. Arthur thanked the Board! E. Discussion 8. Legal Counsel’s Report July 15 Complete draft bid documents for ARPA SCADA upgrade and send to Kyle Arthur August 19 Response to Oklahoma Water Resources Board Bonnie Moats request for additional information for term permit application #2022-013 for 10,000 acre-feet per year from flood pool with a term requested of 40 years August 26 Review Surplus Water Agreement between Del City and Norman and draft resolution for Board consideration August 30 Review temporary water contract between Bureau of Reclamation and COMCD to confirm need to submit written request renewal of five-year term before May 2025 Mr. Couch said he was happy to answer any questions. Mr. Dean asked about the August 19th bullet. Mr. Couch explained in 2022 the District filed an application for a 40-year term to use temporary water. The Bureau of Reclamation required the District to enter into a 5-year contract with provisions for renewals. The District submitted a request with Oklahoma Water Resources Board (OWRB) for a permit to use over and above, and separate, from the vested right that the District has to use water from the conservation pool. Mr. Arthur explained the District has always had to request individual temporary permits when flood pool water is available but desires a standing term permit instead. Ms. Nairn asked if the new permit has been approved to date, Mr. Couch said no not yet, and OWRB has now requested additional information. Mr. Couch stated before the permit begins the District must publish public notice. Page 5 of 6 Hearing no further questions, Ms. Nairn proceeded to the General Manager’s Report. 9. General Manager’s Report Please see document titled “Manager’s Report” in the packet. Construction of the new equipment building has begun. Mr. Carr shared pictures. 10. President’s Report Ms. Nairn announced the Fish Fry is scheduled for Friday, October 25, 2024. She encouraged everyone to invite friends, family, etc... 11. 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) None F. Adjourn There being no further business, President Nairn adjourned the meeting at 8:46 P.M. Page 6 of 6

Agenda

CENTRAL OKLAHOMA MASTER CONSERVANCY DISTRICT AGENDA FOR REGULAR MEETING Thursday, September 5, 2024 6:30 P.M. Kyle Arthur, General Manager 12500 Alameda Dr Norman, OK 73026 To accommodate the public, including presenters of agenda items, who wish to participate but not to attend the meeting in person, videoconference and teleconference capability is being made available, but videoconference and teleconference connections and quality of connections are outside the control of the District and cannot be assured. Although this accommodation is provided, members of the public including presenters are welcome to attend the meeting in‐person. Microsoft Teams meeting information: Join on your computer, mobile app, or room device Meeting ID: 295 469 756 847 Passcode: jMGu9V Dial in by phone +1 312‐763‐9891 Phone conference ID: 267 991 976# Board meeting packet can be found on website: https://comcd.net. This agenda was posted in the notice enclosure outside the COMCD office gate at 11:00 AM on Friday, August 30, 2024. A. Call to order and roll call B. Statement of compliance with Open Meeting Act C. Administrative 1. Public comment This is an opportunity for the public to address the COMCD board. Due to Open Meeting Act regulations, board members are not able to participate in discussion during this comment period. Comments will be accepted from those persons attending in‐person and through the virtual meeting option. You are required to sign‐up in advance of the meeting in order to be eligible to make comment. You may sign‐up by calling the COMCD office at 405‐329‐5228 during regular business hours (8:00 AM – 4:30 PM) or by contacting the office via email at admin@comcd.net. Public comment sign‐up will end at 12:00 PM (noon) CDT on Thursday, September 5, 2024. Any request received after that will not be eligible. When signing up, you must provide your name, city of residence and topic about which you wish to speak. Each commenter will be limited to three minutes and the entire comment period will not exceed one hour. Eligible commenters will be called to address the board in the order in which their request was received. Given the one‐hour time limit, not all commenters are guaranteed the opportunity to speak. Written comments will also be accepted and kept as a matter of record for the meeting. If all commenters have addressed the board prior to the one‐hour time limit, the public comment agenda item will be closed, and the balance of the time yielded back to the remainder of the agenda. The President reserves discretion during the meeting to make an adjustment to the public comment schedule. 2. Treasurer Report‐June 2024 and July 2024 financials 3. Forebay Cleanout update D. Action: Pursuant to 82 Okla. Statutes, Section 541 (D) (10), the Board of Directors shall perform official actions by Resolution and all official actions including final passage and enactment of all Resolutions must be present at a regular or special meeting. The following items may be discussed, considered, and approved, disapproved, amended, tabled or other action taken: 4. Minutes of the regular board meeting held on Thursday, July 11, 2024, and corresponding Resolution 5. Agreement for Sale of Surplus Water from Del City to Norman and authorizing President to execute same, and corresponding Resolution 6. Possible Executive Session For the purpose of confidential communication regarding the employment hiring, appointment, promotion, demotion, review, disciplining or resignation of any individual salaried public officer or employee, in this case the General Manager of the District, pursuant to 25 O.S. § 307 (B) (1) of the Oklahoma Open Meeting Act; Chair Designation of staff to attend executive session and to take minutes 7. Return to open session and possible action deemed appropriate, if any, arising from discussions held in executive session concerning matters pertaining to employment, hiring, appointment, promotion, demotion, review, disciplining or resignation of the General Manager of the District E. Discussion 8. Legal Counsel’s Report 9. General Manager’s Report 10. President’s Report 11. 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) F. Adjourn

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