January 10, 2023 Minutes

Town of Kiowa Water & Wastewater Authority

Regular Monthly Meeting Minutes
January 10th, 2023

Call to Order

6:00pm 

The regular meeting of the Kiowa Water and Wastewater Authority was called to order on January 10th, 2022, at 6:00pm by President Debbie Ullom with the following in attendance: 

Directors: Eric Whitman and Tim Craft in person and Annette Burmaster and Teresa Parker on zoom. 
Town Clerk: Tasha Chevarria
Town Administrator: Kimberly Boyd 
Guests: George Rowley and Cory Rutz of White Bear Ankele Tanaka & Waldron, Ruth Borne, Attorney for Town of Kiowa, Erin Stutz of Otten Johnson Robinson Neff+ Ragonetti PC and Baillie Wineland on zoom. Kimberly Boyd, Teresa Howard, and Andrew Lowry in person.

Consent Items

1. Approval of Agenda
   Eric Whitman made the motion to approve the agenda as presented, Teresa Parker seconded, and the motion carried 5-0.
2. Approval of Minutes
   Eric Whitman made the motion to approve the minutes as written, Teresa Parker seconded, and the motion carried 5-0.

Financial Report

1. Year to date P&L
   The financials were reviewed and discussed, there were no questions.

Staff Reports

1. Paul Grant, Headways
   Paul's monthly report was included in the packet for everyone to review. Debbie Ullom updated the board on upcoming repairs that will be needed including one of the larger PRV valves and the dialer at the water tower.
2. Tasha Chevarria, Town Clerk
   The System Totals reports for November and December were included in the packet for review. Tasha also updated the board on the total amount of bulk water sold in 2022, the total amount of water billed through the software for 2022, and how bulk water permits are currently being administered.
3. Grant updates - Kim
   Kimberly Boyd, Town Administrator gave an update on the grant application process. She is working with DOLA and Rachel Summers to clarify which entity, Town of Kiowa or KWWA, should be applying for the grant. Kimberly and Rachel will continue to work with DOLA to get that clarification and be ready to submit the application by the April 1st. deadline. Debbie would also like them to pursue grants with CDPHE and Colorado Rural Water Association for any applicable funding.

Public Comments

None

Old Business

None

New Business

1. Approval of the Elbert County Public Works Road and Bridge Shop Construction Documents 
   On December 19, 2022, the Authority received a memo from Jeff Nelson, P.E. of Wright Water Engineers, Inc recommending that KWWA approve the attached plans. Tasha presented the memo and a draft letter of approval. Tim Craft made the motion to approve the plans as recommended. Eric Whitman seconded, and the motion carried 5-0. The letter was signed and will be sent to Elbert County.
2. Discussion of Town of Kiowa Ordinance 1, Series 2023: An ordinance rescinding the Kiowa Creek Meadows Development Agreement and Vested Property rights pursuant to Article 68 of Title 24, C.R.S, as amended, and Chapter 16, Article XII of the Kiowa Municipal Code, as amended. 
   In the above ordinance, the Town of Kiowa proposes to direct KWWA to "fully rescind the Water Well Agreement by ordinance or resolution, including the appointment of Developer to the KWWA at its next regularly scheduled meeting and is further directed to record this formal action of rescission with the Elbert County Clerk and Recorder." It is the Authority's contention that the Town does have the authority to direct. them to take this action. After discussion, and with the advice of legal counsel, Eric Whitman made the motion to request that the Town of Kiowa remove Kiowa Water and Wastewater Authority from any involvement in Ordinance 1, Series 2023. Annette Burmaster seconded, and the motion carried 4-0 with Tim Craft abstaining from the vote.

Discussion

There was some discussion with the Developer regarding the number of taps KWWA would like to see and the capacity of the wastewater treatment plant. 

The Town tabled Ordinance 1, Series 2023 until their February meeting with the intent that the Boards of the both the Town and KWWA could meet and discuss it further with the Developer. Eric Whitman made the motion to establish a committee to participate in this discussion on behalf of KWWA. Teresa Parker seconded, and the motion carried 4-0 with Tim Craft abstaining from the vote. Debbie Ullom and Annette Burmaster were appointed to that committee, and Kimberly Boyd will keep them advised of when the work session will be held.

Correspondence/Information/Review

None

Adjourn

Tim Craft made the motion to adjourn, Eric Whitman seconded, and the motion carried 5-0. The meeting adjourned at 7:00pm.

The next regular meeting will be on Tuesday February 14, 2022, at Town Hall at 6:00pm

Minutes Approved by:

Debbie Ullom, President                                 Tasha Chavarria, Town Clerk