January 14, 2004 Minutes-Board Meeting

A meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, January 14, 2004 at 10:00 A.M., at 801 Swink Avenue, Rocky Ford, Colorado.

After roll call, President Mauch announced a quorum was present.

DIRECTORS PRESENT:
Leroy Mauch- President
John Singletary-Vice President
Pete Moore-Treasurer
Wayne Whittaker
Ollie Ridley- Secretary
Melissa Esquibel

DISTRICT STAFF:
Julie Scaplo-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Administrative Assistant/Financial Officer

DIRECTORS EXCUSED:
Loretta Kennedy

INTRODUCTION OF VISITORS:
Chairman Mauch welcomed each of the visitors to the meeting, asked them to introduce themselves and identify the organization they represented.

VISITORS PRESENT:
Rodney Baird, La Junta Tribune Democrat; Michael Gates, Rocky Ford Daily Gazette; Phil Reynolds, SECWCD; Kelly Roesch, High Plains A&M; Rachel Merrill, CWPDA; Kevin Salter, DWR-KDA; Carl McClure, Twin Lakes Shareholder; Monty Teeter, Teeter Irrigation; Donald Mameda, Farmer; Ken Teeter, Teeter Irrigation; Bob Plummer, Teeter Irrigation; Terry Scanga, UAVWCD; Pat Edelman, USGS; and Jason Lander, Pueblo Chieftain.

CHAIRMAN'S REPORT:
Chairman Mauch gave a report highlighting 2003 accomplishments.

Chairman Mauch asked the Board, Staff and Visitors to observe a moment of silence in memory of Don Ullom and his family. The funeral is set today at 2:00 PM. Director Mauch will be attending.

OFFICIAL DISTRICT BUSINESS:
Oath of Office: Notary Kim Chavez swore in the Directors present and notarized each Oath of Office Statement.

Election: Chairman Mauch announced a re-organization meeting of the Board is needed to elect Board Officers. General Manger Julie Scaplo heard nominations for Chairman of the Board. Director Melissa Esquibel nominated Leroy Mauch for the position of Chairman; Director Wayne Whittaker seconded the motion. Hearing no other nominations, motion unanimously carried. Director Leroy Mauch will be the Chairman of the 2004 LAVWCD Board. Chairman Mauch opened the floor for nominations of Vice-Chairman. Director Wayne Whittaker nominated John Singletary, seconded by Melissa Esquibel. Motion unanimously carried. Director Mauch opened the floor for Secretary nominations. Director Wayne Whittaker nominated Ollie Ridley, seconded by Melissa Esquibel. Motion unanimously carried. The floor opened for nominations for Treasurer. Director Whittaker nominated Mr. Pete Moore, seconded by Director John Singletary. Motion unanimously carried.

Legal Posting: Pursuant to C.R.S. 32-1-903(1), the Board must designate and post the time and place for all Board meetings. The Board must also pass a resolution at the first regular meeting and if designated posting place has changed, state the reason for change in time or place. Posting will be in three different areas, which are the County Clerks Office, 801 Swink Avenue, and in Rocky Ford City limits. A resolution is adopted to accept 801 Swink Avenue, Rocky Ford, Colorado, 81067 as the posting site. In addition, the Regular Board Meeting time will be 10:00 A.M. on the 2nd Wednesday of each month. Mr. Whittaker moved, seconded by Melissa Esquibel, to adopted resolution for time and place of future Board meetings. Motion unanimously carried.

Standard Mileage: General Manager Scaplo reviewed that Business-related mileage for 2003 was 36 cents a mile for reimbursement with the District currently paying 30 cents a mile for reimbursement. The 2004 Business-related mileage has increased to 37.5 cents a mile. Director Wayne Whittaker moved to accept the standard mileage rate increase for 2004 and accept IRS standard mileage rate yearly, seconded by Melissa Esquibel. Motion unanimously carried.

LAVWCD bylaws: The Bylaws were reviewed for possible amendment.
The following areas were reviewed:

Address correction
Executive Committee consists of 4 member instead of 6
Official Seal will need to be added
Page 3, item 1, the sentence, "Keep in a well bound book will be changed to, shall keep a record"
Page 4, item 5, the sentence, "The Treasurer shall be the principle Financial Officer", will be changed to, "The Treasurer and the principal Financial Officer", Attorney Bart Mendenhall will continue to amend language.
Page 4, item 6, the sentence, "The Secretary shall be the custodian of the records and corporate seal", will be changed to, "The Secretary shall designate the keeper of such records and corporate seal".
The above items will be revised by attorney Bart Mendenhall and presented to the Board for approval on February 11, 2004. Motion to table until the February meeting was made by Director Whittaker, seconded by Director Ridley. Passed unanimously.

Special Meeting: After discussion, Director Whittaker suggested that a Special Meeting be held on the 4th Wednesday of the month, to be held for the purpose of Water Acquisition. In addition, the Chair of the Water Acquisition Committee will be the Chair of the Special Meeting. Director Melissa Esquibel seconded this motion. Vote was 5 to 1, Director Ollie Ridley voting nay.

APPROVAL OF MINUTES:
President Mauch asked if the Board members had reviewed the minutes for the December 10, 2003 Board Meeting, the December 23, 2003 Special Meeting Minutes, December 3, 2003 Acquisition Committee Meeting and the December Committee Meeting Minutes. Director Mauch asked whether there were any corrections or additions to the minutes. Hearing the correction on the Board Meeting Minutes under the General Manager's Report, Annual Meeting listing should be separated. In addition, the Special Meeting Minutes under Twin Lake Lease, the correct amount to District should be $227,300, instead of $171,300. Motion to approved minutes as follows:

Legal Minutes were approved by Director Wayne Whittaker, seconded by Director Pete Moore. Motion unanimously carried.
Personnel Minutes were approved by Director Ollie Ridley, seconded by Director Pete Moore. Motion unanimously carried.
Water Acquisition Meeting Minutes will be approved next Board Meeting
Board Meeting Minutes approved as corrected by Director Pete Moore seconded by Melissa Esquibel. Motion unanimously carried.
Special Meeting Minutes for December 23, 2003 approved as corrected by Director Pete Moore seconded by Melissa Esquibel.

GENERAL MANAGER'S REPORT

Legal Services Agreement: Included in the Board Packets is the Legal Service Agreement from Trout, Freeman & Witwer, Peter Nichols. This Agreement is from February 1, 2004 to January 31, 2005. Director Whittaker moved to accept the Legal Service Agreement and authorize General Manager Julie Scaplo to sign the document, seconded by Director Pete Moore. Motion unanimously carried. Director Melissa Esquibel recommends the document specify who will cover for Peter Nichols in his absence.
Colorado Water Congress: Peter Nichols attends the Colorado Water Congress Meetings as a Representive for several clients and has offered to add the District to his client list. General Manager can designate Peter as alternate for the Committee Meeting and the Water subcommittee. Director Pete Moore moved to allow Peter Nichols to sit in on the meeting for the District, seconded by Director Wayne Whittaker. Motion unanimously carried.
Colorado Water Protective and Development Association: The annual CWPDA meeting will be held January 17, 2004 at Otero Jr. College Student Center at 1:00 PM.
Twin Lake/Colorado Canal: The annual meeting for Twin Lake and Colorado Canal will be held January 26, 2004 starting at 10:00 AM in Ordway.
District Video: Robert Cooper at PCC will be here to review the video after today's meeting. The final copies should be ready approximately four weeks.
Part-time Person: We are conducting interviews for the Part-time hourly person on January 16, 2004.
SWSI: Statewide Water Supply Initiative Roundtable Meeting held January 7, 2004. The Arkansas Basin had several projects that they were looking for input and inquired if the District had a project for their list. The next meeting will be April 14, 2004.

TREASURER'S REPORT:
Treasurer Pete Moore reported that the financial report for the month of December was included in the Board's Monthly Meeting Packet. He reported December total revenues at $24,720.61 with expenditures totaling $310,689.55. Director Moore moved to accept the Financial Statement, seconded by Director Wayne Whittaker. Motion unanimously carried.

PERSONNEL COMMITTEE REPORT:
Director Wayne Whittaker states that there are no new issues to come before the Board.

LEGAL COMMITTEE REPORT:
Director Melissa Esquibel has no new business.

AGENCY LIAISON: None

ACQUSITION COMMITTEE:

John Singletary reported that the Acquisition Committee met on December 3, 2003, at 10:00 A.M, to review possible water and land deals.
Interviews January 12, 2004, for Water Engineer went well and Director Singletary would like to recommend Brown & Caldwell as Engineer. Director Wayne Whittaker seconded the motion. Motion unanimously carried.
Director Singletary attended the BOR/Aurora meeting presentation. Director Pete Moore also expressed his concern regarding the meeting. Mr. Tully kept saying the meeting was not a public input meeting that input would be appropriate in writing. Director Moore suggested a letter to the BOR, urging that they conduct a full Environmental Impact Statement (EIS) to assure that all foreseeable consequences are investigated before this proposal is stamped into approval. Mr. Bart Mendenhall would suggest that a letter, which would authorize Julie Scaplo to do whatever Peter Nichols feels, is procedurally necessary. President Mauch would recommend the form letter be open to any interested parties. Anyone who would like to get involved is encouraged to stop by the office and sign the letter. Motion heard by Director Melissa Esquibel to prepare a letter campaign to BOR addressing concerns over BOR/Aurora environmental consequences of proposed water exchange contracts and possibility of getting other water entities involved, seconded by Director John Singletary. Motion unanimously carried.
Director Singletary would suggest a dialog with Kevin Salter, Kansas DWR-KDA to help make this river run efficiently. It was suggested that Kevin Salter's group and LAVWCD meeting to improve our relationship and benefit the Arkansas River.

LEGAL REPORT:
Attorney Bart Mendenhall reports:
High Plain A&M cases filed an objection to the Fort Lyon Board's decision and reserves the right to make future objections. There may be a case management conference to resolve some of the issues as how to proceed.

Confirm the joining the amicus brief with SECWCD regarding the Trials End Case. Director John Singletary moved to join amicus brief regarding the Trials End Case, seconded by Director Pete Moore. Motion unanimously carried.

OLD BUSINESS:
Mr. Pat Edelman of the U.S. Geological Survey (USGS) gave a water quality presentation. Potential issues are Salinity, Sulfate, Selenium, Sediment, Bacteria, Uranium, and Pesticides. The basin lacks a way to accurately model the magnitude of possible changes on water quality, groundwater recharge and aquatic habitat.

NEW BUSINESS:
Mr. Terry Scanga with the Upper Arkansas Water Conservancy District gave a presentation regarding creating a softening pool with Arkansas River Management, Aurora and SECWCD.

Monty and Kenneth Teeter with Teeter Irrigation, Inc. gave a presentation over Mechanized Irrigation Conversion, Traditional Flood Irrigation to advanced irrigation systems.

PUBLIC FORUM: None

Director Pete Moore moved that the Board convene into Executive Session, seconded by Director Ollie Ridley. Motion unanimously carried. President Mauch recessed the District meeting to convene the Executive Session at 2:30 P.M.

The Executive Session will be held for the purpose of:

C.R.S. 24-6-402(4)(a): "Concerning the purchase, acquisition, lease, transfer, or sales of any real, personal, or other property interest."
C.R.S. 24-6-402(4)(b): " Conferences with an attorney for the public entity for the purposes of receiving legal advice on specific legal question."
C.R.S 24-6-402(4)(e): "Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators."

To discuss the following matters:

Water Acquisition
Legal Advice

The presence of the following persons was requested at this Executive Session:

Board Members Present (Chairman Mauch left the meeting at 12:30 PM due to an appointment)
District Staff (General Manager & Administrative Coordinator)
Counsel for the District

Vice-Chairman Singletary adjourned the Executive Session at 3:05 P.M, and reconvened the District Meeting at 3:06 PM.

REPORT FROM EXECUTIVE SESSION:
Mr. Mendenhall reported the Executive Session covered the following issues:

Acquisition property interest
Matters concerning legal advice
Matters that may be subject to negotiations

ADJOURNED:
Vice-Chairman Singletary asked if there were any other questions or matters to come before the Board. Hearing none, motion heard from Director Pete Moore, seconded by Melissa Esquibel to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 3:08 P.M

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January 14, 2004 Minutes-Board Meeting