August 11, 2004 Minutes-Board Meeting
The regular monthly Board meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, August 11, 2004 following the 10:00 A.M., at 801 Swink Avenue, Rocky Ford, Colorado 81067.
Chairman Mauch announced a quorum was present.
DIRECTORS PRESENT:
Leroy Mauch- Chairman
John Singletary-Vice Chairman
Pete Moore-Treasurer
Ollie Ridley - Secretary
Loretta Kennedy
Melissa Esquibel
Wayne Whittaker
DISTRICT STAFF:
Julie Scaplo-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Administrative Coordinator
Randa Morlan-Temporary Hourly Aide
INTRODUCTION OF VISITORS:
Chairman Mauch welcomed each of the visitors during the Water Activity Enterprise meeting where the visitors introduced themselves and identified the organization they represented.
VISITORS PRESENT:
Rodney Baird, La Junta Tribune Democrat; Ken Ullom, Farmer; Karl Licis, Pueblo Chieftain; Dannie McMillan, City of Lamar; Virgil Cochran, Lamar Daily News; Dale Baker, CWPDA; Tammy Stroud, AGUA; Phil Reynolds, SECWCD; John Wilkins-Wells, CSU; Kelly Roesch, High Plains A&M; Doug Melcher and Lawrence Schenck, High Plain Ground Water Management and Steve Malott, President of Catlin Canal Company.
CHAIRMAN'S REPORT:
Chairman Mauch reported that there would be an auction of 66 shares of Lower Arkansas Water Management Association (LAWMA) water, August 26, 2004 at 10:00 A.M. in Lamar, Colorado, located at Cow Palace Inn.
Chairman Mauch would like to extend an apology to the local newspaper regarding the press lease concerning the resignation of General Manager, Julie Scaplo. The release was issued to Pueblo Chieftain only and to the local newspapers the following day.
APPROVAL OF MINUTES:
Chairman Mauch asked if the Board members had reviewed the minutes for the July 14, 2004 Board Meeting. Chairman Mauch asked whether there were any corrections or additions to the minutes. Hearing none. Director Melissa Esquibel moved to approve the July 14, 2004, Board Meeting minutes seconded by Director Wayne Whittaker. Motion unanimously carried.
TREASURER'S REPORT:
A listing of checks for payment of invoices received following the previous Board meeting was presented to the Board for review. Treasurer Pete Moore reported that the financial report for the month of July was included in the Board's Monthly Meeting Packet. He reported that July total revenues at $319,965.55 with expenditures totaling $39,652.45. The Board examined the listing and reviewed the reconciliation of bank accounts for the past month, whereupon a motion was made by Director Moore, seconded by Director Loretta Kennedy and unanimously carried to ratify payment of bills represented by check numbers 1764 through 1803, with the exception of voided check numbers 1585,1586. The approved financial report will be attached as permanent record to the minutes.
AFFIRMATION OF BUDGET OFFICER:
Treasurer Pete Moore reported that Kim Chavez served as the District's Budget Officer for 2004. Treasurer Moore moved that Financial Coordinator, Kim Chavez be re-appointed the LAVWCD Budget Officer for 2005 per C.R.S. Section 29-1-104. Director Loretta Kennedy seconded the motion. Motion unanimously carried.
COMMITTEE REPORTS:
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Water Acquisition. Director John Singletary and General Manager Julie Scaplo reviewed that there is no new information regarding Mr. Denton Vulgamore. He is still in the process of changing the information on the water certificate. The purchase contract was mailed and we are awaiting further contact from Mr. Vulgamore.
We are waiting for the completed appraisal from Bill Milenski for the Keesee Ditch.
The District will need to complete proposal in order to receive a John Martin storage account to the Operation Committee and present it for approval to Arkansas River Compact Administration and Army Corps of Engineer's District Engineer.
The Larkspur Ditch has produced a total of 79.35 Acre Feet and is stored in Clear Creek Reservoir. The water can be transferred to the Pueblo Reservoir any time by contacting the Pueblo Board of Water Works, Bureau of Reclamation, CWPDA, and the Division Engineer.
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Personnel Committee. Director Wayne Whittaker reported that General Manager, Julie Scaplo has submitted her letter of resignation, to be effective August 31, 2004. August 11, 2004 will be her last day in the District office. She has accepted a position with the Honeywell Corporation. The job posting has been advertised in all five District counties. The District will accept resumes no later than close of business on August 20, 2004. Personnel Chairman Wayne Whittaker moved to accept prior approved Colorado Sunshine Law hiring principles for the General Manager's position. Seconded by Director Melissa Esquibel. Motion unanimously carried. Copies of the guideline were disseminated to the Directors for reference.
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Legal. Director Melissa Esquibel recommended that Peter Nichols attend the September 8, 2004 General Board Meeting in Bart Mendenhall's absence.
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Liaison. Director Loretta Kennedy stated that the District's video is running on channel 22, Pueblo's Government channel. She will be faxing a copy of the viewing schedule for the Directors information. Director Kennedy recommended that we contact the Rawling's Library to setup the video presentation September 21,22, or 23 at 7:00 PM.
GENERAL MANAGER'S REPORT:
General Manager Julie Scaplo discussed the following items:
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Summary: A summary of District Assets and contacts were included in the Board Packets.
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2005 Budget: The 2005 budget process has been started. The draft budget due date is October 15, 2004 and the final budget is due December 15, 2004.
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Brown & Caldwell Contracts:1. The litigation support services in the High Plains A&M Case will be split 50/50 between LAVWCD and SECWCD.
2. Strategic Plan Task I, in the amount of $10,481, which has already been paid.
3. Strategic Plan Tasks 2 to 5, in the amount of $ 25,000. General Manager Scaplo recommended that this contract should not be signed and should be placed on hold until further discussion possibilities of hiring an in house water resources specialist.
4. The general engineering support of $20,000 should be signed based on the stated hourly rates.
Motion was heard from Director Wayne Whittaker to sign and approve all contracts with the exception of Tasks 2 to 5. Director Loretta Kennedy seconded the motion. Motion unanimously carried. -
Division of Wildlife: Grady McNeil would like to talk about a cooperative program involving $1,000,000 per year in funds they have available that require some local match to buy water rights. He is interested in the Ft. Lyon, Holbrook, and John Martin among others. He would like to attend the October Board Meeting. Chairman Mauch recommended that Mr. McNeil and a representative from the State Parks would be added to the October agenda.
LEGAL REPORT:
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High Plains A&M: The District has joined with several other Opposers, including Southeastern, in a Motion to Correct Decree. There were several technical errors, which were felt should be brought to the attention of Judge Maes. The High Plains interests are fighting the joint Motion for correction of the decree. While no reason for the opposition to this Motion has been given, one can assume that the applicants using the error in the Decree to attack Judge Maes on appeal.
The applicants have 40 days from the entry of the Decree to file a Notice of Appeal with the Appellate Court. This is suspended by the filing of a motion for reconsideration or other similar motion with the trial court. The record must be transmitted to the Appellate Court within 90 days of the notice of appeal, but is time may be extended. The Appellants shall file their opening briefs within 40 days after the record is filed. Answer briefs are to file 30 days after that. Reply briefs within 14 days after that. -
Exclusion Process: No further contact has been made with Southern High Plains or Doug Melcher regarding the deficiencies in several of the recent petitions for exclusion, Mr. Melcher has been advised that no action would be taken until the deficiencies are corrected.
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Vacation: Bart Mendenhall will be on vacation from September 8 through 28th. Peter Nichols will be available if needed, either by phone, or in person if necessary.
NEW BUSINESS:
The Board heard from John Wilkens-Wells, Assistant Professor at Colorado State University. He plans to study irrigation tile drainage systems in Otero, Bent and Prowers counties. The drainage systems were installed decades ago, but many have not been maintained and may need repair. Mr. Wells's plans on locating the drainage system, research their history, map them and conduct pilot projects on what it would to make them functional. The funding for such program is a non-reimbursable fund program and will come from the Colorado Water conservation Board in the amount of $ 169,000. However, he is asking for a letter in support of the proposal. Director Wayne Whittaker moved to grant the support letter. Director John Singletary seconded the motion. Motion unanimously carried.
OLD BUSINESS:
The following entities would like financial assistance from the District:
1. USGS Water Quality Studies (Pat Edleman) $12, 500/year for 12 lower Arkansas Valley study sites. Director Wayne Whittaker moved to approve financial assistance to USGS Water quality studies. Seconded by Director Loretta Kennedy. Motion unanimously carried.
2. Colorado State University Salinity Studies (Dr. Tim Gates), Director Kennedy recommends tabling this until September Board meeting until more information is received.
3. SEBAL (Colorado Division of Water Resources) funding for 2-year pilot in 2005.
PUBLIC COMMENT:
Mr. Doug Melcher of Southern High Plains Ground Water Management Association said that he did not keep a copy of petitions and would like more information on the 6 petitions that had deficiencies. In addition, he has 7 new petitions to be considered for the exclusion process and 1 revised petition. Legal Counsel Bart Mendenhall will make copies of the deficient petitions and mail to Mr. Melcher but it is not our responsibility to suggest the necessary revisions needed. The petition requirements are quoted in the Water Conservancy Act and should be made compliant per Mr. Melcher's attorneys.
Mr. Dannie McMillan, Lamar Water Department Superintendent asked the Board to place another presentation by John Wilkens-Wells on its September agenda. He and Aqua Engineering of Fort Collins and the City of Lamar have been engaged in a study into a dual water distribution system in Lamar. It would install a second system so that only non-potable water would be used for outdoor municipal watering. In addition, possible funding for the study will be needed.
MOTION TO ENTER INTO EXECUTIVE SESSION:
Director Melissa Esquibel moved that the Board convene into Executive Session, seconded by Director Ollie Ridley. Motion unanimously carried. Chairman Mauch recessed the District meeting at 11:30 AM to convene the Executive Session at 11:45 A.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 July be subject to negotiations; developing strategy for negotiations; and instructing negotiators."
To discuss the following matters:
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Water Acquisition
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Conservation Easements
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Legal Advice
The presence of the following persons was requested at this Executive Session:
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Board Members Present
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District Staff (General Manager & Administrative Coordinator)
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Counsel for the District
Chairman Leroy Mauch adjourned the Executive Session at 12:08 P.M, and reconvened the District Meeting at 12:09 PM.
REPORT FROM EXECUTIVE SESSION:
Mr. Mendenhall reported the Executive Session covered the following issues:
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Acquisition property interests
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Matters concerning legal advice
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Matters that may be subject to negotiations
MOTIONS OUT OF EXECUTIVE SESSION:
Chairman Mauch said there were recommendations from Executive Session. Director Melissa Esquibel moved, seconded by Director Pete Moore on the following motion:
1. Authorize Counsel to file a statement of opposition in AGUA's regarding the Excelsior Ditch.
2. Grant 120-days extension regarding the Ullom Lease Option Agreement, instead of a 90-day extension and allowing Mr. Ullom to exclude the non-irrigated property from the conservation easement.
3. Chairman Mauch to attend the LAWMA auction held August 26, 2004 in Lamar, Colorado and uses his judgment whether or not to purchases any water shares that may be beneficial to the District.
4. Allow Randa Morlan, temporary part-time hourly receptionist to work full-time in absence of the General Manager, allow Kim Chavez, Financial Coordinator to receive additional compensation of a percentage of her annual wages, while the District operates without a General Manager, and allow for a consulting fee paid in the amount of $35.00 per hour, paid to Julie Scaplo for assisting operation of LAVWCD.
All motions unanimously carried.
ADJOURNED:
Chairman Mauch asked if there were any other matters to come before the Board. Hearing none, motion was heard from Director Wayne Whittaker, seconded by Director Melissa Esquibel to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 12:15 P.M.