PUBLIC WATER DISTRICT #13
Minutes of the March 19, 2008
Regular Session of the Board of Trustees

The Board of Directors of Public Water District #13, Jefferson County Missouri met in regular session at 7:07 p.m. on March 19, 2008 at the Lake Tishomingo Community Center, Hillsboro, Missouri.

Roll Call of Directors
The following Directors being present or absent as indicated:
	Name	Present/Absent
	Lou Harting	Absent
	Rich Hirsch	Present
	Larry Kimmel	Present
	Marilyn Meyer	Present

Motion was made by Marilyn Meyer and seconded by Rich Hirsch to accept the Agenda. On voice vote, all Directors were in favor of accepting the Agenda.

The Minutes of the February 20, 2008 regular session meeting were read by the Directors prior to the meeting. Motion was made by Marilyn Meyer to approve the Minutes as written. Second was by Rich Hirsch. On voice vote, the Minutes were approved.

Treasurer’s Report
Marilyn Meyer reported that the District received a new bill from the District’s attorney for $525 (total owed Mr. Norrick is $4155). 

A check was written to the Jefferson County Election Authority for $178.16 for the upcoming April 8 election. [Check written on LTPOA account to be refunded when District gets funds.]

Old Business
Appointment of director for sub-district 5
An announcement seeking a qualified candidate to finish out Director Brym’s term appeared in The Countian Jefferson County on Feb. 1, 2008.

There have been no responses to that ad and no one has contacted any PWSD #13 Board members since the position became available. Rick Lippitt, a qualified candidate living within PWSD #13 district boundaries, but not within sub-district 5, has voiced his willingness to serve as a Director. There being no qualified candidates from sub-district 5 willing to serve, the motion was made by Marilyn Meyer to appoint Mr. Lippitt as director to serve out Director Brym’s term (two years). Motion seconded by Rich Hirsch. On voice vote, the motion passed with all Directors in approval.

April 8 election issues
Because there are two qualified candidates, an election needs to be held for PWSD #13 sub-district 4. The candidates are Director Larry Kimmel and David E. Fitzgerald. 

An election does not need to be held for sub-district 3 since Director Rich Hirsch is the only qualified candidate. 

Priority point update (49.87 -> 89.10)
Janet Hirsch reported that we were able to get our priority points increased from 49.87 to 89.10 by presenting written arguments to the MO DNR through our engineer Tim Robbs. (Our chances of being funded increase if we can get our priority points increased.) This moves us to the top of the contingency list. 

New Business
March 12 Clean Water Commission Meeting Issues
[The March 12 Clean Water Commission hearing was held at the Renaissance St Louis Airport hotel in St Louis. Attendees from PWSD #13 were: Larry Kimmel, Marilyn Meyer, Rich Hirsch, Janet Hirsch. The District’s engineer, Tim Robbs, was also present.]

·	Position in Fundable/Contingency List 
Joy Reven and Traci Newberry (MO DNR, Water Protection Program) told us that one applicant on the fundable list would very likely give up their 40% grant making $900,000 available to us, since we are at the top of the contingency list. Our application is for a grant of $1.6 million, so that would leave us short about $700,000. 

If we accept the $900,000, our understanding is that unless some other applicant “falls off” the fundable list at the same time, $900,000 is all we would get. There were three other applicants indicated as having a possible chance of falling off the list. It was not clear when the deadline is for deciding to accept or reject the $900,000 grant. DNR did tell us that we would be contacted when the decision needed to be made.

·	Change in Priority Point system
One issue with not taking whatever money is offered to us now is that a new method of calculating priority points is coming in November 2008. DNR indicated to us that among the list of current applicants, if our points were calculated using the new method, we would fall from 17th place on the list to 32nd place. This would make it much less likely that our project would be funded. 

The calculation that would place us 32nd was questioned by R Hirsch. He felt that since the original point calculation of 49 was later revised upwards 40 points, the new calculation placing us 32nd may also be low.

·	Construction permit by August 1 before “Antidegradation Rule” takes effect
Another issue that was discussed at the March 12 CWC meeting was the “Antidegradation Rule”. This is a new regulation imposed by the EPA that will require that a sewer treatment plant’s effluent be as pollutant–free as the stream that the effluent flows into. To avoid being regulated by this new rule, we should get our construction permit from DNR by Aug 1, 2008. Plants built that obtain permits issued after this date will probably be more expensive to build and take longer to build.

Creative funding ideas
J Hirsch reported on some creative funding ideas.

What is needed to prove readiness to proceed
Traci Newberry (DNR) sent R Hirsch a bundle of attachments including:
1.	40% grant doc submittal checklist
2.	Sewer use sample ordinance
3.	User charge sample ordinance
4.	Easements certification
5.	Resolution for authorized official
6.	Financial analysis sheet
7.	General info on 40% grant requirements
8.	Facility plan guidance

·	Facility plan
On 3/19/2008 we received an email from Mark E. Bockstruck, Environmental Engineer, DNR Water Protection Program. Mr. Bockstruck reviewed the facility plan (actually Brunjes’ Preliminary Engineering Report). He said that “from the engineering standpoint, I have no problem with this project moving forward.”

·	Hearings on user fee and facility plan
We will need to set up two public hearings (they can be combined), one for discussing the facility plan and a second for discussing the user charge. The hearings must be advertised in a newspaper 30 days before they are held and there must be a transcript or recording of the hearing. The ad does not have to be in the legal section.

It was decided to hold the hearings on Wed May 14. Our engineer should also attend the hearings to help answer questions. The ad in The Countian Jefferson County would need to be placed by Apr 9th. A “pre-meeting” will be held at 7 p.m. on Monday Apr 7 to discuss the public hearings and prepare the ad for the hearings. 

·	Easements
The Lake Tishomingo owner restrictions contain restriction 13 which grants the Lake’s Property Owner’s Association (LTPOA) the right to lay and repair sewer pipe within the subdivision:

13. Grantor shall have the right to lay sewer pipes and water pipes and appurtenances thereto through or across said lot and shall have at all times the right of ingress and egress for the purpose of repairing and maintaining same, provided, however, dirt taken from any excavation shall be replaced and the surface left as nearly as possible in original condition after the work is completed. Grantor shall also have the right to erect telephone poles or poles for carrying electric current at the intersecting corner of any two lots.

J Hirsch summarized what she thought would be necessary for our lawyer to complete the Easements Certification document:

o	Transfer authority from the LTPOA to PWSD #13 so sewer pipe can be laid over private property.
o	Grant easement to PWSD #13 so sewer pipe can be laid on LTPOA property.
o	Transfer ownership of land behind the dam that will hold the treatment plant to PWSD #13.
o	Secure land for a treatment plant access road.

Engineer’s Report
There was no engineer’s report.

Attorney’s Report
There was no attorney’s report.

Adjournment
There being no other formal business to come before the Board, a motion to adjourn was made by Marilyn Meyer and seconded by Rich Hirsch at 8:42 P.M., with all Directors in approval.

Respectfully Submitted,

Rich Hirsch
Recording Secretary

Approved this 16th day of April 2008.

___________________________	_________________________________
Secretary	Chairman

April 14, 2008