October 13, 2004 Minutes-Board Meeting
The regular monthly Board meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, October 13, 2004 following the 10:00 A.M., at 801 Swink Avenue, Rocky Ford, Colorado 81067.
Chairman Mauch announced a quorum was present and he noted that Director Loretta Kennedy was absent.
DIRECTORS PRESENT:
Leroy Mauch- Chairman
John Singletary-Vice Chairman
Pete Moore-Treasurer
Ollie Ridley - Secretary
Wayne Whittaker
Melissa Esquibel
DISTRICT STAFF:
Bart Mendenhall-Attorney
Kim Chavez-Administrative Coordinator
Randa Morlan-Temporary Hourly Aide
EXCUSED MEMBERS:
Loretta Kennedy
INTRODUCTION OF VISITORS:
Chairman Mauch welcomed each of the visitors during the Water Activity Enterprise meeting and asked the visitors to introduce themselves and identify the organization they represent.
VISITORS PRESENT:
Rodney Baird, La Junta Tribune Democrat; Karl Licis, Pueblo Chieftain; Dannie McMillan, City of Lamar; Virgil Cochran, Lamar Daily News; Phil Reynolds, SECWCD; Dale Baker, CWPDA; Kelly Roesch, High Plains A&M; Wes McKinley, For State Representative; Brad Henley, John Martin State Parks; Mike Dowd, Lake Pueblo State Parks; Michael French, Lake Pueblo State Parks; Grady McNeil, Division of Wildlife; Paul Flack, State parks Dept.; Ross Manley, Senator Allard's Office; and Doris Morgan, Senator Allard's Office.
CHAIRMAN'S REPORT:
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Chairman Mauch invited the visitors to the Video premier, which will held in Lamar, Colorado on November 15, 2004 in the Lamar Public Library at 7:00 pm located at 102 E. Parmenter.
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Chairman Mauch discussed that he received an email from John Wiener regarding the Arkansas River Basin Water Bank Pilot Project. Mr. Wiener would like to attend the November Board Meeting to discuss and explain the Water Bank experiment, then he can discuss with the State Engineer. The Arkansas River Basin Water Bank Project was originally authorized with a sunset period and with the requirement that the Office of the State Engineer report to the legislature about the Pilot Project in 2005.
APPROVAL OF MINUTES:
Chairman Mauch asked if the Board members had reviewed the minutes of the September 8, 2004 Board Meeting and the September 20 and 22, 2004 Personnel Committee meeting, along with September 20, 2004 Finance Committee meeting. Chairman Mauch asked whether there were any corrections or additions to the minutes. Director Moore suggested adding the following additions to the September 20, Personnel Committee minutes from" Chairman Whittaker recessed the District meeting at 2:12 PM" to "Chairman Whittaker recessed the Personnel Committee meeting at 2:12 PM. Director Esquibel moved to approve the September 8, 2004, Board Meeting minutes seconded by Director Whittaker. Director Whittaker moved that the September 20th Personnel Committee minutes be approved as corrected. Seconded by Director Moore. Director Whittaker moved to approve the Personnel Committee meeting of September 22nd and the Finance Committee meeting of September 20th, second by Director Moore. Motion unanimously carried.
TREASURER'S REPORT:
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A listing of checks for payment of invoices received following the previous Board meeting was presented to the Board for review. Treasurer Moore reported that the financial report for the month of September was included in the Board's Monthly Meeting Packet. He reported that September total revenues at $48,310.79 with expenditures totaling $12,977.75. 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 Whittaker and unanimously carried to ratify payment of bills represented by check numbers 1841 through 1878. The approved financial report will be attached as permanent record to the minutes.
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Kim Chavez reviewed the letter received from The First National Bank of Las Animas stating since we are an agency that serves a multi-county region they would be interested in acquiring an account with the District. The interest rate they could offer would be 1.579%, which would fluctuate as rates change. Director Esquibel suggested that Kim Chavez write letters to all local banks indication that we are looking into opening another bank account, giving the banks the opportunity to provide us with information regarding services they have to offer and present the information at the next Board meeting.
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Kim Chavez, Budget Officer gave a short overview of the 2005 General Fund Draft Budget, which consists of total Revenues of $1,635,462 and total Expenditures of $ 1,633,040. A new format will be used for the 2005 draft budget.
COMMITTEE REPORTS:
Water Acquisition-Director Singletary reported that a follow up letter has been sent to Mr. Denton Volgamore August 23, 2004 regarding his Twin Lake shares. The District has had no further contact with Mr. Volgamore.
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Request for a Bureau of Reclamation storage account for 2005 was submitted by written request and completed questionnaire sent by certified mail prior to the October 15, 2004 due date.
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Four Water Leasing Contract are complete for the following parties:
1) Dr. Zacher-Contract complete for 13 AF of Larkspur water.
2) Rocky Mountain Asphalt-Contract complete for 30 AF of Larkspur water.
3) CWPDA-Contract complete for 20 shares of Colorado Canal/Lake Meredith water.
4) Ronald Wollert- Contract complete for 50 shares Lower Arkansas Water Management Association (LAWMA) water.
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Bessemer Ditch parties have been trying to raise money to fund the lining of the lateral ditch with pipeline, which is approximately 3,400 feet based on a survey done in 1980. The expense would be a cost-sharing program through Pueblo NRCS of up to 50%. Estimated amount for the project is $100,000 to $300,000; however, a new preliminary design and survey will need to be done. The pipeline is to be designed for a flow rate based on 1,319,545 shares of water out of a total of 19,330, at maximum potential flow of 386 c.f.s. in the Bessemer Ditch. Mr. Harold Day spokesman received a letter from NRCS that due to lack of funds the application submitted to line the lateral was deferred at this time but may be reconsidered at a later date.
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Director Singletary will continue pursuing the John Martin storage account. The District will need to complete a proposal to the Operation Committee and present it for approval to Arkansas River Compact Administration and Army Corps of Engineer's District Engineer by the December Annual Meeting in order to receive a John Martin storage account.
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Minnequa Lake project provides an excellent opportunity for the District to partner with the City of Pueblo. The Lower Arkansas Valley Water Conservancy District is pleased to support the efforts of the City of Pueblo to look at creative uses of the water involving the storage of water. The acquisition of water shares is a priority of LAVWCD.
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Kristina Proctor, CSU-Pueblo has asked that prior to setting up a meeting date a draft scope of services could be drafted by the Board for review and discussion at the scheduled meeting.
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Clear Creek Storage- Alan Ward would like the District to transfer the remaining Larkspur water to our "If and When" account in Pueblo Reservoir, prior to the November 15, 2004.
Personnel Committee-Director Wayne Whittaker reported that the search for a successor for General Manager is in the process. The District' Personnel Committee received 21 applicants and narrowed the application to 6. The candidates were interviewed for a second time on October 11, 2004 with Director Singletary acting as chair for the committee meeting. There will be further discussion in executive session.
Director Whittaker made a motion to increase the pay range for the Financial Officer from $22,000 to $37,000 range from between $32,000 to $45,000. Further, that the wage for Kim Chavez, Administrative Coordinator-Financial Officer be increased to $37,000 per year commencing January 1, 2005 and that a bonus for the extra work she has performed while operating without a General Manager be paid when a new General Manager is employed. Motion seconded by Director Moore and unanimously carried.
LEGAL REPORT:
Bart Mendenhall reviewed the following issues:
Conservation Easements: Peter Nichols and Bart Mendenhall have given some thought to the problem of the viability of Conservation easements after the problems created by the appraisal problem and the Otero County/GOCO episode. The main issues seem to be as follow:
a. Credibility of the process (Including the likelihood of success, probable value, and marketability.)b. Whether the end values of the parcels will be sufficiently high to entice a significant number of donors.
The first issues might be addressed by processing an easement through completion in a successful manner. This would include insuring that the easement, as finished, would receive approval from brokers, end users, IRS and Colorado Department of Revenue. Peter Nichols had an idea of a handbook for land trusts that would serve as a cookbook and transaction template for conservation easements with water rights. The handbook would consist of federal and state requirements. The handbook will contain a flow chart of a typical conservation easement process.
High Plains: High Plains A&M matter remains at a standstill while the record is certified to the Colorado Supreme Court. Briefing will begin after the record is transmitted. The Applicants filed a Designation of Record with the Colorado Supreme Court on August 25, 2004. The Record on Appeal is due to be filed with the Supreme Court on November 15, 2004. At that time, the Court will order a briefing schedule. Fort Lyon Board approved a resolution for Fort Lyon to file an Entry of Appearance in these cases.
Ullom Extension: Mr. Ken Ullom has been notified that the Board authorized the elimination of certain lands from the Ullom Option, and Bart has contacted him. We are awaiting his response.
Arkansas Ground Water Users Association: (AGUA) We have filed a Statement of Opposition in the AGUA application, Case # 04CW62, change of water rights regarding the Excelsior Ditch east of Pueblo, and have received and are reviewing the engineering report in that case.
Campaign Committee: The law states that an issues committee may contribute excess funds to charitable organization recognized by the IRS, or return them to the contributors. There has been contact with Scott Reed, Valley State Bank and he is to submit the information regarding contributions and expenditures, so that we can insure that the reports are accurate before we terminate the committee.
McBee's Conservation Easement: Don and Alta McBee have asked the District to transfer their easement to The Greenlands Reserve. Information about the Reserve has been distributed. The Board will need a motion to transfer the easements and the stewardship fee, which totals $5,500.
Regional Resource Planning Group Meeting: Peter Nichols attended the September 22, 2004 RRPG meeting held in Colorado Springs, Colorado at 10:00 am at Colorado Springs Utilities, Systems Control Center, 215 Nichols Blvd., Colorado Springs, Colorado. The next meeting will be held October 25, 2004 at SECWCD office at 10:00 am. Chairman Mauch will attend the meeting for the District.
NEW BUSINESS:
Brad Henley, John Martin State Parks; Mike Dowd, Lake Pueblo State Parks; Michael French, Lake Pueblo State Parks, Grady McNeil, Division of Wildlife and Paul Flack State Parks are here to discuss the possibility of organizing a cooperative program involving about $1,000,000 per year in funds they have available that require some local match to buy water rights. The main point of interest is Ft. Lyon, Holbrook, and John Martin among others. Federal Aid funds are generated from hunting and fishing licenses fee and fuel tax from boating. They would like to explore the possibilities of starting a partnership. The next step would be to setup a work session to further discuss the possibilities, such as beginning points, needs, options and how to achieve those goals.
OLD BUSINESS:
City of Lamar dual system: Dannie McMillan, Superintendent with City of Lamar reported on a dual water distribution system, " Pressurized Secondary Supply Feasibility Study". Mr. McMillan said the system could help provide a new market for irrigation water that would help keep it in the valley. The system would use Ft. Bent Canal system water rights the City owns to provide a secondary source of untreated water for outdoor watering uses. The City will continue use of the existing water system for indoor and potable water uses. The dual water system would cost approximately 8 million to build with six phases to the project. City of Lamar is searching for funding for Phase I of the project from the LAVWCD in the amount of $200,000. Mr. McMillan said he would be requesting funding assistance from several sources, including Colorado Water Conservation Board, Colorado Department of Local Affairs and GOCO. Chairman Mauch said that the Board committed support to the City of Lamar Dual Water System of up to $100,000 contingent on plan completion. Mr. McMillan will present financial information at the November Board meeting.
John Wilkens-Wells, Assistant Professor at Colorado State University: The Board heard from John Wilkens-Wells, Assistant Professor at Colorado State University at the August 11, 2004 Board meeting. 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 many need repair. Mr. Wells plans on locating the drainage system, research their history, map them and conduct pilot projects on what would be required to make them functional. The funding for such program is a non-reimbursable matching fund program from the Colorado Water conservation Board in the amount of $ 100,000. Chairman Mauch would like the Board to commit to a match of $20,000. Director Singletary moved to grant the financial support in the amount of $20,000. Director Moore seconded the motion. Motion unanimously carried. A letter of committal will be sent prior to the November 15, 2004 due date.
PUBLIC COMMENT:
Wes McKinley, Candidate for State Representative gave a short summary regarding the usage of water and conserving water. It takes only 12 gallons of water per day for a man and a mule and for a man it only takes 2 gallons per day. Today the industry standard for a household is 1000 gallons per day, which is more than we really need. It is the second most important thing in our lives, three minutes without air, three days without water, and three week without food, so we must take care of it. Mr. McKinley thanked the Board for its work and for recognizing the problems and the willingness to work toward a solution.
MOTION TO ENTER INTO EXECUTIVE SESSION:
Director Esquibel moved that the Board convene into Executive Session, seconded by Director Singletary. Motion unanimously carried. Chairman Mauch recessed the District meeting at 11:15 AM to convene the Executive Session at 11:30 A.M.
The Executive Session will be held for the purpose of:
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C.R.S. 24-6-402(4)(a): "Concerning the purchase, acquisition, lease, transfer, or sales of any real, personal, or other property interest."
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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."
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C.R.S 24-6-402(4)(e): "Determining positions relative to matters that August be subject to negotiations; developing strategy for negotiations; and instructing negotiators."
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C.R.S 24-6-402(4)(f): "Personnel matters except if the employee who is the subject of the executive session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees must request an open meeting."
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C.R.S.24-6-402 (3.5): "A search committee of a state public body or local public body shall establish job search goals, including the writing of the job description, deadlines for applications, requirements for applicants, selection procedures, and the time frame for appointing or employing a chief executive officer of an agency, authority, institution, or other entity at an open meeting. The state or local public body shall make public the list of all finalists under consideration for the position of chief executive officer no later than fourteen days prior to appointing or employing one of the finalists to fill the position. No offer of appointment or employment shall be made prior to this public notice. Records submitted by or on behalf of a finalist for such position shall be subject to the provisions of section 24-72-204 (3) (a) (XI). As used in this subsection (3.5), "finalist" shall have the same meaning as in section 24-72-204 (3) (a) (XI). Nothing in this subsection (3.5) shall be construed to prohibit a search committee from holding an executive session to consider appointment or employment matters not described in this subsection (3.5) and otherwise authorized by this section."
To discuss the following matters:
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Water Acquisition
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Conservation Easements
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Legal Advice
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Personnel Matters
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 (Admin. Coordinator/ Financial Officer)
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Counsel for the District
Chairman Mauch adjourned the Executive Session at 1:30 P.M, and reconvened the District Meeting at 1:31 PM.
REPORT FROM EXECUTIVE SESSION:
Mr. Bart 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
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Personnel matters
MOTIONS OUT OF EXECUTIVE SESSION:
Chairman Mauch said there were recommendations from Executive Session, which were as follows:
Director Ridley moved to approve the release of McBee's two submitted conservation easements to Greenland Reserve and transfer the stewardship fee of $5,500, seconded by Director Moore. Motion unanimously carried.
ADJOURNED:
Chairman Mauch asked if there were any other matters to come before the Board. Hearing none, motion was made by Director Whittaker, seconded by Director Moore and carried to adjourn the meeting. Meeting was adjourned at 1:45 P.M