PUBLIC WATER DISTRICT #13
Minutes of the April 16, 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 April 16, 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	Present
	Rich Hirsch	Present
	Larry Kimmel	Present
	Marilyn Meyer	Present
	Rick Lippitt	Absent

The District‘s lawyer, Floyd Norrick, was also present.

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

The Minutes of the March 19, 2008 regular session meeting were read by the Directors prior to the meeting. Motion was made by Lou Harting to approve the Minutes as written. Second was by Larry Kimmel. On voice vote, the Minutes were approved.

Treasurer’s Report
The Treasurer’s report for March 2006 thru April 11, 2008. Total is $2344.31 borrowed from the LTPOA.

Old Business
Summary of April 9 funding meeting with USDA-RD, DNR, Taylor Eng. 
The real problem with the project moving forward has been grant money. There have been developments recently that make the sewer project much more likely to receive funding. We are currently on the DNR funding contingency list. We learned at the Apr 9 meeting that if two other applicants drop off the "fundable" list, we should get their grant money. One is "95%" certain to drop off and the other is "highly probable" to drop off. If both drop off we are very likely to get the requested amount of grant money from DNR – close to $2 million. 
Also, the waste water treatment plant (TP) and collection system will be separated into two contracts, allowing the TP plans / specs and construction permit to be submitted prior to the Anti-Degredation rule going into effect (submission to DNR must be by Aug 29, 2008). The collection system will be developed in the mean time. Both contracts will be bid around the same time. DNR and USDA-RD can make our actual awards after they are bid. 
Audience Questions/Comments
There were many questions and comments from the audience. Many questions concerned defective septic systems in the subdivision. The reply from the Board was that the Board of Directors of PWSD #13 was primarily concerned with bringing sewers to the District. Problems with leaking septic systems or funding for repair of septic systems should be addressed to the Lake Tishomingo Property Owner’s Association or the Jefferson County Building Dept.
Board member R. Hirsch recited why a user fee of approximately $72 per month will most likely be charged and reasons he thought building a sewer system that charges $72 per month should be supported. http://www.laketishomingo.com/sewer/whysupportsewers.rtf	
After 42 minutes of discussion between the Board and the audience, a motion was made by M. Meyer to end the discussion. Second was by Lou Harting. By voice vote motion passed.
New Business
A new contract written by District attorney Floyd Norrick was signed by President Kimmel and Secretary Hirsch. The contract was based on the “Legal Service Agreement” provided by USDA-RD (CPB Guide 1, March 2003). This new contract replaces the contract between attorney Norrick and the Board dated January 19, 2007.

A resolution and ordinance based on the new contract were also written by attorney Norrick. Motion made by Marilyn Meyer to approve the resolution and ordinance, second was by Lou Harting. On voice vote the motion was approved. The Resolution (2008-4-08) and Ordinance were signed by President Kimmel and Secretary Hirsch.

Easement discussion
Att. Norrick told us that easements may be obtained by 
1)	Given voluntarily by lot owner.
2)	Utility easements shown on plat. (The Lake Tishomingo plat shows no utility easements.)
3)	The District has the right to take land for easement by condemnation.
Easements are mentioned in the “Restrictions Applying to Lake Tishomingo”:
[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.] 
Unfortunately, because of the language used in the Restrictions, while the LTPOA (the Grantor) has the right to lay sewer pipes, it is not clear that this right may be assigned to PWSD #13. The only sure way to answer this question would be to file for a Declaratory Judgment in court.
This was also the conclusion reached by attorney Tesreau in 2001 [letter from D. Tesreau (10/18/2001) “RE: Sewers within Lake Tishomingo Subdivision”].
By the May meeting attorney Norrick will talk to the title co (to find out what easements are of record), his partners, and D. Tesreau about easements. 
The easement discussion in May should be an executive session. 
Other business
R Hirsch felt that one of the points brought up during the lengthy discussion was a good one – that part-time home owners in the District were not given the opportunity to vote on the bond issue or District formation. R Hirsch made the motion to have an election of all of the homeowners in the District to determine the percentage of home owners willing to pay a $70 to $75 monthly user fee. Motion received no second; motion died. 
Two reasons given to not have an election polling all of the home owners were:
•	This issue has already been voted on in a legal and certified bond election in Nov 2006 (using standards set by the state of Missouri). To survey all of the home owners in the District and perhaps overturn that election would not be fair to those that voted in good faith in the Nov. 2006 election. [In the Nov. 2006 election 230 votes were cast; 60% voted ‘for’ the bond issue.]
•	All property owners (including part-time residents not eligible to vote) are bound by rules set by the registered voters of the district. Most of us that buy second homes face this problem.

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 Lou Harting at 8:51 P.M., with all Directors in approval.

Respectfully Submitted,

Rich Hirsch
Recording Secretary

Approved this 21st day of May 2008.

___________________________	_________________________________
Secretary	Chairman

May 19, 2008