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May 21, 2024 Minutes

Kiowa Water and WasteWater Authority

Call to Order

The special meeting of meeting of the Kiowa Water and Wastewater Authority was called to order on May 21, 2024, at 6:00 by Eric Whitman with the following in attendance: 

Directors: Teresa Parker, Laurel Brown, Bret Wager and Tim Craft. 
Kim Boyd - Administrator-via Zoom, Ruth Borne -Town of Kiowa Attorney-via Zoom 

Consent Items

Approval of Agenda 

President Eric Whitman ente1iained a motion to approve the agenda. Bret Wager made the motion to approve the agenda, Tim Craft seconded it. Motion passed with no discussion. 

Approval of Minutes 

President Eric Whitman entertained a motion to approve the minutes with corrections that were noted. Bret Wager made the motion to approve the minutes with corrections, Laurel Brown seconded it. 

Public Comments

Rick Kolm, Town of Kiowa Mayor - in person 
I don't know if you're aware, but there's a lawsuit pending against the Kiowa Water and Waste Water Authority filed by from what I understand, a lady by the name of Diane Miller. And I'm sure you're all well aware of her. And it's, and I heard that, correct me ifl'm wrong, but she has something to do with this new company that you'd like to hire also. I keep hearing that Diane Miller and Mr. Craft are going out of their way and trying to say, well, this meeting can't be held because it's hasn't been advertised correctly. We have our posted meeting places and it is posted in those places. And that emails have been hot and heavy all day long. And you know probably something that you guys need to get together and say, hey, we're going to post here, here and here. Along with that as we bounce down the road, we keep hearing the town of Kiowa did not do this. The town of Kiowa did not do that. And you keep referring back to a water tap given to a lady in an alley. Who A, the house should have never been built. And B, your past president and the lady that got the water tap were here on this fire board together. And we don't know if it was the interims that did that or Maria (referring to Maria Moralas, previous Town Administrator), but I don't think it was Maria because I think she was gone. And you keep bringing it up, the town didn't do anything, the town didn't do anything. The Water Board's job to collect when a tap is done, and I don't know how that house got approved in that alley because it's against fire code. But Mrs. Ally was on the fire board. And the other instance is you know you want to raise the rates for these guys in town 9% and you know, from your meeting the other night, I hear you're spending 10 grand a month on attorney fees. Now, if you're spending that much on attorneys, A, why and B. You know, I don't know what you're doing. You're not very, very forthcoming with telling the community what's going on. Oh, we're going to give our water to this company. They're going to run. It will be better. I have two ladies in that office that work their tails off. And they do one whale of a job for just moving into their job this sho1i a time as they did. And on that little get together that we had the other day and Teresa kept saying, oh, we interviewed this company for two hours or so and I don't know if you read when they hired with Elbert County hired them, but it cost them a lot more money than what you represented. You need to think about the people in this community. This is town water and town sewer and I hate to say this, but you know, giving it to an outside entity is wrong and you know it's wrong. If that's something, you're going to vote for because it's the town of Kiowa's water and wastewater. And they put the wastewater plant in and you know the water well. We've been working on that for years and the benefits, the water and the sewer plant belong to the community, not to individuals, not to a company or corporation. It belongs to the people that live here. And if you don't, if you don't understand that, then the rest of the community needs to stand up and say hey. This is wrong. We know it's wrong, but I don't know what the push is to give it away. You keep complaining about the town doing this wrong, the town doing that wrong. My people in that town, my administrator and my clerk are working their tails off to make sure things go well and these emails today that, oh the town screwed up and didn't do this right didn't do that right? Well, take a look in the mirror because it's not the town that's doing this stuff. It's not the town that did that water and tap. It's not the town that wants to give the water and sewer away to a company that we have no clue about. And hopefully you can make some good decisions instead of poor decisions. 

Vincent St. Pierre - declined comment 

Jim Digby - in person 
A long time ago I invested in this land and had visions of an improved water system and an improved sewer system in this town. I have a property that's part of this town, it's been annexed for over 20 years so what is more ideal to develop I know some of you people don't like development. This Annex has been for 20 years um yet we have made eight years of attempts to get something going on that piece of property and the ball kept moving through the town of Kiowa. But anyway your water and your cost of water problem could have been fully solved had the Kiowa Town board had not decided to move on. 

Richard Croisant- in person 
I've lived here since 1991 so I am a resident. I agree with Mr. Digby that we wouldn't have the problems we have today in the Town of Kiowa. First when they took out the bonds and defaulted on the bonds and the banks went to Elbert County courts and reinstated, I forget what they called it a receivership in Sterling Court if the town of Kiowa would have made those and replenished the fund on that we would not be so far in debt so the town of Kiowa that we the town of Kiowa is inept in my opinion to run this system when the town of Kiowa applied for the USDA loan they couldn't do it because the receivership the judge in Elbert County had said there something ain't right but he doesn't know what it is when Sterling com1 come in and did their annexation or their assessment of the system that's when KWWA was formed. KWWA went to the USDA and got a loan because the town of Kiowa couldn't because of all the foul ups in the past I'm 100% for moving forward with a new company you won't hear this tonight from anybody else but I'm willing to pay more but I want to see an improvement in my water when you get up on Sunday morning and take a shower your eyes bum so bad I don't know what they're putting in the system but the town of CA Paul is responsible for that when the town of Kiowa hired the town Kiowa if the USDA gets word of that I'm not sure we would have water because if they find out that the town of Kiowa is running the system that the receivership was appointed through the courts I think they'd have a problem 

Jill Duvall - in person 
I would like to speak. I have lived in Elbert County 31 years and I would like to speak to Community Resource Services the company that you're planning to hire. CRS if you did your research Elbert County hired them in 2011 and 2012 for 23 months they worked for the county. Diane Miller's the registered agent who has been Tim Craft's attorney in many of these developments that Tim Craft has done around the county been in. I've been to countless meetings at Diane Miller has been there with Tim Craft meet that seems like a huge conflict of interest but back to CRS. They worked for the county for 23 months there was a bid $54,000 a year CRS was charging the account the county Elbert County to do the bookkeeping at the end of 23 months the county had paid them $29,000 double with contract and you can do your research you can talk to former Commissioner Schlegel The Ledgers were not balanced the information that was prep prepared for the audit at the end of the year was not correct it was a mess the Auditors the person's name the accountant that worked for CRS her last name was? I can't remember her first name but it's easy to research the mess with CRS. You're making a serious mistake hiring this company if you haven't done your research if you haven't paid attention to the history of this company in Elbet1 County should have learned something. 

Suni Mills - in person 
They had a contract for a certain amount. Who are they? The company that you want to hire to administer your water resources and they uh it was a fee a yearly fee and they would cover everything but in fact there was  $80,000 of override. Could this board afford something like that honestly you know my husband is a disabled vet and but when he was working and had this together went to Afghanistan and Iraq he was telling me that contracts are sneaky and if you don't find somebody who knows contracts, construction contracts, Water waste management contracts then you're going to be taken for a ride and I agree with Joel I think that it's sounds like this company sounds great they'll do it all for you. I mean I think the guys that are giving you that are local companies that are local and this is what we'll do for this amount of money that's what really can happen that's the real money when somebody comes in and everything's shiny and glowing and you know my ears and anybody's in contracts their ears ought to go way up and go what the hell and then do your research because you know we know that some construction companies are viable and they will bend over backwards and they'll do a bang up job they'll take care of the details and they'll tty to cut Corners when they can you know those guys the ones with a heart ones that belong in this community then you get an outside a contractor who says they'll do it all don't believe it. 

James Schwarzkost - in person 
I know a guy um he's got a well outside Town. His water has dropped 140 ft you guys know Burnco never did strike water out there regardless of everything else and yeah that the town made mistakes back in the day well those people are all gone there's no sense assessing blame to the town because those people who did the water tower. Can't trust developers the growth does not pay anyway what about the aquifer you know what happens when it runs dry where's this company going to be. They're going to be completely gone and we're going to be screwed. I've been here a long time long before Fawn Valley or tearing down the old water tower in the middle of the night. I'm telling you things are pretty crazy around here and for us to just oh yeah well we're going to trust you people to do the right thing. I haven't known a developer in Elbert County who has done the right thing. Are the developers going to pay for schools and Roads and improvements. I don't think so I've never seen it happened before I don't mean to be critical but I need to see the proof in the pudding you know why should we trust you. know this is a big thing you know we have houses these are our lives here. I'm sure you just move on to another place you could always go out to Ramah or agate or somewhere they need houses but my concern is the water underneath us I mean crap it's going down we all know that we going to continue to build and build and build and build it's going to run out anyhow. 

Craig Cloussen - in person 
I have been here for 24 years and have seen my fair share of development. I think evetything I live south of town in Pine Meadows everything that each one of these people is a valid point has said tonight but at the end of the day the big point is this company you guys are looking at is a huge conflict of interest which will end up being a lawsuit you have a developer involved in this company his lawyer involved in this company this will turn around and bite everybody in the butt. I think it's a wrong move and shouldn't be touched with a 10 foot pole. 

The Project Needs Assessment also came up and Mr. Craft stated that the PNA identified a 100% rate increase. Several members stated that they have not had a chance to read this document either. This document was sent out May 14th to board members. 

Kim Boyd - via zoom 
This is Kim Boyd Town Administrator. I'm utilizing somebody else's Zoom let's be clear on a few things right now you are utilizing the town's postings at no time or since the KWW A has come into existence has the KWW A done a resolution at the beginning of the year stating your posting places because you have piggybacked on the town's posting places every single year every year at the beginning of the year the town post or does a resolution declaring their posting places as the notification board out in front of town hall and the Ranchland News for Public Notices at no point did that resolution change to include a website posting yes we do like to keep things on the website as current as possible but things do happen Sasha went out of town the town clerk not the town secretary the town clerk went out of town over the weekend she sent you many notifications that she was doing that and needed the information by Thursday she got the agenda and she got your minutes she got nothing else so without any other Communication she posted that outside on the notification board which our resolution says she will do and she sent it to the web designer to put on the website now the web designer has a life too because she didn't get it on there as quick as you felt she should President Eric that's neither here nor there further that resolution came in today when Sasha came back to work she got it this morning so as soon as she got in and got it this morning she turned around and combined the packet with that information. I'm still talking. That's not fair for you to jump in and say oh it's past time because it's not public comment. Community, it's not a public comment it's in response to you criticizing the people again. Now they're telling you why well we would still like to see notice. Check your emails you're the one sending the emails that's what we're working off of Mr. Craft. You're a separate entity remember we completely agreed and up until this point things have been pretty good about posting say that we've asked for things to be posted at least 24 hours in advance several emails were sent to the board and others to make sure that the posting was corrected um but I completely agree with some of the comments we need to do a better job of it and I think there quit criticizing the staff and deflecting to the staff for your inadequacies you are creating agenda for yourself by the way you throw your flippant comments out and criticize the staff you call us names you're condescending and we're tired of it we've stayed quiet we've stayed professional despite what you've called us Mr. Craft but this has reached the point of absolute ridiculousness Sasha has done everything in her power within her capabilities in her job to meet you at every stinking intersection you've created and you all you've done is criticize her take responsibility for your own actions and quit deflecting back to our staff a lot of the things you keep throwing out there weren't even at the time that our staff has been employed in this office but you give no context to any of those comments this is you don't want to hear it because it doesn't meet your agenda Mr. Craft. 

President Eric Whitman entertained the motion to table the water increase until our next meeting held in June. Teresa Parker made the motion to table the water increase until next meeting, Bret Wager seconded it. 

Adjourn

President Eric Whitman entertained a motion to close out the meeting. Tim Craft made the motion to adjourn, Bret Wager seconded, and the motion passed with no discussion. The meeting adjourned at 6:49pm. 

The next regular meeting will be on Tuesday, June 11, 2024, at the Town Hall at 6:00pm. 

Minutes Approved by: Eric Whitman, President 

Sasha Davidson, Town Clerk/Utilities Billing Clerk
(Transcribed and Provided by Teresa Parker)