PUBLIC WATER DISTRICT #13
Minutes of the May 21, 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 7:02 p.m. on May 21, 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
	Rick Lippitt	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 April 16, 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.

The District‘s lawyer, Floyd Norrick, arrived at 7:30 p.m. was also present.

Treasurer’s Report
We received a bill for $31.50 from Missouri Lawyer’s Media for a second ad advertising for Director Harting’s board position. Total is $2375.81 borrowed from the LTPOA. 
We also received and updated bill from our attorney. Total thus far is $5040. His most recent charge for easement work was $885 for 5.9 hrs.

Old Business

Funding update
From Traci Newberry (DNR): No new news. We are still waiting to hear about sewer districts unwilling or unable to move forward causing them to drop off DNR’s fundable list.
From Donna Martin (USDA-RD): No new news at this time. A project meeting is scheduled for May 31 for a district likely to withdraw from the fundable list. There will likely be no news before that meeting.
New Board member administrative tasks
Dir. Lou Harting submitted a letter of resignation. Motion made by Rich Hirsch to accept Lou’s letter of resignation, seconded by Rick Lippitt. On voice vote, the motion was approved.
Appointment of director for sub-district 2
An announcement seeking a qualified candidate to finish out Dir. Harting’s term appeared in The Countian Jefferson County on Apr. 11, 2008.
There have been no responses to that ad and no one has contacted any PWSD #13 Board members since the position became available. John Hindrichs, a qualified candidate living within PWSD #13 district boundaries, but not within sub-district 2, has voiced his willingness to serve as a Director. There being no qualified candidates from sub-district 2 willing to serve, the motion was made by Rich Hirsch to appoint Mr. Hindrichs as director to serve out Director Harting’s term (one year). Motion seconded by Larry Kimmel. On voice vote, the motion passed with all Directors in approval.
Oaths for new Board members
Attorney Norrick distributed written oaths for Dirs. Lippitt and Hindrichs to sign. These documents were signed by the directors and witnessed by the District Secretary. 
Election of Board officers
Marilyn Meyer nominated Larry Kimmel as Board President. Before a second could be made, Larry declined to accept the nomination. As the Board did not anticipate this response, the Board decided to address the election at the next meeting.
Audience Questions/Comments

There were four audience members: Matt Holloran, Stan Schweiss, Henry Brym, and Ken Marscheutz were present. 

Question 1: Would the District Board maintain the 40,000 sq. ft. minimum requirement for building? [Under Jefferson County’s zoning regulations, areas with sewer but no water require only 11,000 sq. ft. to build.] 
Answer: PWSD #13 has no control over the building regs of the subdivision. That is an issue for the LTPOA Board. Members of the sewer committee on the LTPOA Board (there are three) said that the LTPOA Board could maintain the 40,000 sq. ft. regulation independent of the county regulation. Also, at this time they believed the LTPOA Board was not in favor of reducing the minimum building requirement. Additionally, the LTPOA Board members will contact the LTPOA’s attorney to determine how to make the 40,000 sq. ft. regulation as binding as possible.

Question 2: Does the District Board agree that there should be a vote by every resident (whether or not he lives here) before moving forward with sewers. One audience member mentioned that when he was on the LTPOA Board some years ago, President R. Sansone told the community that there would be a vote by all residents of the community before moving forward with sewers. 
Answer:
•	When Pres. Sansone promised a vote, he spoke for the LTPOA, not the sewer board. He had no authority to speak for PWSD #13. Those statements were made before PWSD #13 was formed. Mr. Sansone is not now and has never been on the Board of PWSD #13. 

    Two reasons to not have a vote of all residents on moving forward with sewers: 
•	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.
Question 3: Is the Tishomingo Forest subdivision included in this project?
Answer: Yes, the Forest is included in the plan at this time. Homes that are far enough away from the sewer main will have the option of not hooking up. Homes further than 300 feet will probably not have to hook up. There will be ho hook up fee. [300 foot hook up distance was from D. Martin, USDA-RD] [Q & A period lasted for 26 minutes.]

New Business

Executive Session:
Rich Hirsch made a motion that the Board enter executive Session, under the Missouri Sunshine Law authorized by Chapter 610.021, Sub-Section of the Revised Statutes of Missouri. The motion was seconded by Marilyn Meyer. On voice vote motioned passed unanimously.
The Board entered executive session at 7:51 p.m.
Executive session ended at 8:15 p.m.
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 John Hindrichs at 8:32 P.M., with all Directors in approval.

Respectfully Submitted,

Rich Hirsch
Recording Secretary

Approved this 16th day of July 2008.

___________________________	_________________________________
Secretary	Chairman

July 16, 2008