February 11, 2004 Minutes-Board Meeting
A meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, February 11, 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
Loretta Kennedy
Melissa Esquibel
Wayne Whittaker
DISTRICT STAFF:
Julie Scaplo-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Administrative Assistant/Financial Officer
DIRECTORS EXCUSED:
Ollie Ridley - Secretary
INTRODUCTION OF VISITORS:
Chairman Mauch welcomed each of the visitors during the Water Activity Enterprise meeting. The visitors introduced themselves and identified 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; Carl McClure, Twin Lakes Shareholder; Jim Moreland, Farmer; Don Scofield, Farmer; Stanley Fedde, Highline Canal; Carl Nesselhuf, Highline Canal; B. Fedde, Farmer; Tom Fedde, Farmer; Dennis Caldwell, Highline Canal; Tom Musgrove, BOR; John Rose, Otero County Water Works; Dick Pearl, Highline Canal; Anthony Mestas, Pueblo Chieftain; Bret Stowers, Highline Canal; Don Groves, Highline Canal; Tim Bates, Highline Canal; Dean Pennington, Highline Canal; Don Grasmick, Highline Canal; Jonathan Fox, Fowler State Bank; Brian Taylor, Ark Valley Range Project; Lawrence Schenck, Retired; Robert Files, Retired; Miles Bond, Insurance Co.; and Will Tully, BOR.
CHAIRMAN'S REPORT:
Chairman Mauch introduced Janet Arenas the newly hired Temporary hourly receptionist. Director Mauch reported that several District Directors attended the Colorado Water Congress (CWC) 2004 Convention January 28th and 29th, 2004, in Northglenn, Colorado and encouraged everyone to attend in the future.
APPROVAL OF MINUTES:
Chairman Mauch asked if the Board members had reviewed the minutes for the January 14, 2004 Board Meeting. Director Mauch asked whether there were any corrections or additions to the minutes. Hearing none, Director Loretta Kennedy moved to approve the January 14, 2004 Board Meeting Minutes, seconded by Wayne Whittaker. Motion unanimously carried. The December 3, 2003 Acquisition Committee Meeting and the January 7, 2004 Acquisition Committee Meeting Minutes were included in the Board packet. Director Mauch asked whether there were any corrections or additions to the Acquisition minutes. Hearing none, Director Melissa Esquibel moved to approve both Acquisition minutes, seconded by Pete Moore. Motion unanimously carried.
TREASURER'S REPORT:
Treasurer Pete Moore reported that the financial report for the month of January was included in the Board's Monthly Meeting Packet. He reported January total revenues at $15,044.84 with expenditures totaling $161,148.19. Director Moore moved to accept the Financial Statement, seconded by Director Loretta Kennedy. Motion unanimously carried.
GENERAL MANAGER'S REPORT:
General Manager Julie Scaplo discussed the following items:
Meeting Updates:
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The next meeting of the Arkansas Valley Conduit will be held March 9, 2004.
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The Arkansas Valley Rural Water Providers Association will hold a meeting February 19, 2004 at 7:00 PM in our District office.
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The Arkansas River Basin Forum will be March 4-5 in Canon City, Colorado
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The Action 22 conference is February 27-28, 2004 in Colorado Springs.
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Any Board Member wanting a copy of the Annual water reports regarding water shares we own should contact the office.
Legislative updates were discussed on the following bills:
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SB-118-Concerning the exclusion of land within a designated ground water basin from a water conservancy district.
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HB-1040-Concerning the mitigation of the effects on the water basin of origin.
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HJR-1009-Concerning an Environmental Impact Study of the impacts from water diversion out of the Arkansas River Basin pursuant to contracts requested by Aurora with the Bureau of Reclamation.
Bureau Of Reclamation/Aurora lease update:
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The District has received a letter regarding the BOR/Aurora contract from Senator Allard's office.
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We also received a phone call from Marilyn Musgrave's office stating she was very in line with our position.
Staff Health Insurance:
The Health premium increased $300 per month over the approved budgeted amount.
Mr. Miles Bond explained the increase was due to a 15% rate increase after the quote was given to the District due to existing medical conditions. Another coverage is available from Pacific Care that is very similar to the current coverage. The premium comes within the Budgeted amount. Director Loretta Kennedy moved to switch to Pacific Care, seconded by Director Melissa Esquibel. Motion unanimously carried.
Irrigation Expo: The District will be a sponsor with Teeter Irrigation for an Irrigation Expo Day March 12, 2004 to be held at the 4-H building in the Rocky Ford Fairgrounds.
Office Lease: The lease contract for 801 Swink has been signed and discussion regarding the new construction of the meeting area wall will be needed.
Committee Changes for 2004: If the Board would like to change the Committee membership let the Board know by next month's meeting.
GOCO Bonding Authority: This is an opportunity to develop additional financial resources to carry out substantive projects regarding land acquisition and conservation easements. A meeting with Otero County is scheduled for an afternoon discussion, February 11, 2004.
BUREAU OF RECLAMATION:
Tom Musgrove and William Tully, with the Bureau of Reclamation, answered questions from LAVWCD Directors and visitors regarding the NEPA process and environmental studies the bureau is conducting regarding Aurora's storage requests in Pueblo Reservoir.
AGENCY LIAISON:
Agency Liaison Loretta Kennedy reported she attended the Colorado Water Congress January 28-29th. She also gave a report regarding the February 10, 2004 meeting with Attorney General Ken Salazar. The Attorney General discussed crafting 1041 regulations into a tool to aid in the protection of water. Director Kennedy also reported testifying on behalf of HB-1043.
WATER ACQUISTION:
Director John Singletary gave an overview regarding the following information:
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Meeting Date Changed: The Water Acquisition Meeting has changed to the 4th Wednesday of the month instead of the first Wednesday. The next meeting will be on February 25, 2004.
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Review of Appraisals: The appraisals received by the District are currently being reviewed by Mark Weston, to assure the appraisal will be acceptable by the IRS and State Tax Dept.
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Requests for Water: The District has received requests from several entities wanting to lease from LAVWCD.
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New Water Engineer: The District is planning a workshop with the newly hired water Engineer, Leo Eisel with Brown & Caldwell for the afternoon of February 11, 2004..
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Larkspur Update: Director Wayne Whittaker reports that the lease option agreement between Larkspur Ditch and LAVWCD is not complete. The District has received a call from Mr. Gilbert Werdel who is interested in maintaining the Larkspur Ditch for LAVWCD. Mr. Werdel previously worked for Catlin Canal maintaining the Larkspur Ditch.
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HB-1040: Director Singletary would like the Board to support HB-1040, which concerns the requirement to mitigate the effects on the basin of origin of a diversion of water. Director Melissa Esquibel recommended a formal statement in the form of resolutions, which Bart Mendenhall will compose, in support of HB-1040, HJR-1009, and one opposing SB-118. Director Pete Moore seconded the motion. Motion unanimously carried.
LEGAL REPORT:
Attorney Bart Mendenhall was not present at the meeting.
OLD BUSINESS:
Bart Mendenhall has amended the Bylaws of the Lower Arkansas Valley Water Conservancy District with the suggestions from the Board incorporated. Director Whittaker suggested the correction, page 3, Article III, Item number 2, second sentence, "If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be", should be reconsidered. Director Pete Moore would like the addition, "Meeting of the District shall be generally conducted under Roberts Rules of Order, which will be the Governing Authority in questions relative to parliamentary procedure except that the Board shall have the authority to temporarily suspend or adapt said rules". Director Pete Moore moved to incorporate the addition of Rule of Order and revise sentence structure mention above, by Attorney Bart Mendenhall, seconded by Melissa Esquibel. Motion unanimously carried.
NEW BUSINESS:
Mr. Dan Henrichs, Superintendent of Highline Canal would like the Board's support of the short-term water lease between Highline Canal and Aurora. Mr. Henrichs expressed his concerns that constituents of the valley are confusing the short-term water lease with the long-term request by Aurora. The lease will be for approximately one year with the option of renewal. After some discussion, a motion was made from Director Wayne Whittaker to support the short-term water lease between Highline Canal and Aurora. A letter will be written to the Bureau Of Reclamation in support of such short-term lease. Director John Singletary seconded the motion of support. Motion unanimously carried.
PUBLIC FORUM:
Mr. Lawrence Schenck of Southern High Plain Ground Water Association & Management presented petitions for exclusion to the LAVWCD Board. Chairman Mauch will give the information received to Legal Counsel, Bart Mendenhall.
ADJOURNED:
Chairman Mauch asked if there were any other 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 12:03 P.M