PUBLIC WATER DISTRICT #13
Minutes of the July 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 7:03 p.m. on July 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
	Larry Kimmel	Present
	John Hindrichs	Present
	Rich Hirsch	Present
	Rick Lippitt	Present (arrived at 7:05)
	Marilyn Meyer	Present

Also in attendance were Janet Hirsch (JWH)(LTPOA Board member) and Carol Kline (CK)(PWSD #13 Board member designate).
Approval of Agenda
Motion was made by Marilyn Meyer and seconded by John Hindrichs to accept the Agenda. On voice vote, all Directors were in favor of accepting the Agenda.

Board Administrative Tasks
The Board accepted a letter of resignation from Larry Kimmel. Motion to accept the letter was made by Marilyn Meyer and seconded by Rich Hirsch. On voice vote, all Directors were in favor of accepting the letter. The Board thanked Mr. Kimmel for his two years of service, noting that the District would not have progressed as far as it has without Larry’s efforts.

Appointment of director for sub-district 4
Carol Kline, a qualified candidate living within Larry’s sub-district boundaries (sub-district 4) has voiced her willingness to serve as a Director. Motion was made by Rich Hirsch to appoint Ms. Kline as director to serve out Director Kimmel’s term (three years). Motion seconded by Marilyn Meyer. On voice vote, the motion passed with all Directors in approval.

Director Kline signed an oath authored by Attorney Norrick. The oath was witnessed by District Secretary Rich Hirsch.

Election of Board officers
Rich Hirsch nominated Marilyn Meyer as Board President. Second was by John Hindrichs. There were no other nominations. On voice vote, Marilyn was elected Board President with all Directors in approval.

Marilyn Meyer nominated Rick Lippitt as Vice President. Second was by John Hindrichs. There were no other nominations. On voice vote, Rick was elected Vice President with all Directors in approval.

Marilyn Meyer nominated Rich Hirsch as Secretary. Second was by John Hindrichs. There were no other nominations. On voice vote, Rich was elected Secretary with all Directors in approval.

Rich Hirsch nominated Carol Kline as Treasurer. Second was by Marilyn Meyer. There were no other nominations. On voice vote, Carol was elected Treasurer with all Directors in approval.

Officers:
President: Marilyn Meyer		Vice President: Rick Lippitt
Treasurer: Carol Kline			Secretary: Rich Hirsch
Director: John Hindrichs

Approval of Minutes of Past Meetings
The Minutes of the May 21, 2008 regular session meeting were read by the Directors prior to the meeting.  Motion was made by Rick Lippitt to approve the Minutes as written. Second was by John Hindrichs. On voice vote, the Minutes were approved.
The Minutes of the May 21, 2008 executive session meeting were read aloud by Rich Hirsch. The minutes as read contained a duplicate motion that ended the closed session. A motion was made by Rick Lippitt to approve the as‑corrected Minutes. Second was by John Hindrichs. On voice vote, the corrected Minutes were approved.
The Minutes of the July 9, 2008 regular session meeting were read aloud by Rich Hirsch. The minutes as read contained some errors. A motion was made by Carol Kline to approve the as‑corrected Minutes. Second was by John Hindrichs. On voice vote, the corrected Minutes were approved.
The Minutes of the July 9, 2008 executive session meeting were read aloud by Rich Hirsch. The minutes as read contained some errors. A motion was made by John Hindrichs to approve the as‑corrected Minutes. Second was by Carol Kline. On voice vote, the corrected Minutes were approved.

Treasurer’s Report
Marilyn gave this report: At this point we owe:
Midwest Assistance Program – $3500
Ray Dickhaner -- $7817
Brunjes Associates – $43,400 [this is a disputed bill]
Floyd Norrick -- $6,090
LTPOA -- $2,345 [this will increase as we still need to borrow more for geotech work and WWTP survey]
JWH asked if we will have to keep a minimum amount in the bank account we are opening for fund transfer? Marilyn said that we probably will have to maintain a $1000 minimum. We can open that account after we receive our FEIN.
Old Business
Funding Update
Report given by Janet Hirsch:
At the July 2, 2008 Clean Water Commission (CWC) hearing held in Columbia MO, the PWSD #13 grant application was placed on the fundable list for fiscal year 2009. This is due to two applicants withdrawing from the fundable list. We have to begin construction of our sewer system in the next 12 months to guarantee that we receive all the funding.
USDA RD loan:			$2.243 million
MO DNR SG-491:		$1.616 million (40% construction grant)
MO DNR RSG #S-409-08:	$366,800 (Rural sewer grant, $1400 x 242)
Total funding: $4.23 million
The original total cost estimate for the sewer project from the 11/2006 Preliminary Engineering Report was $4.3 million. At this point we are ready to proceed with the sewer project.
After the CWC hearing we met with our funding representative, Traci Newberry (MDNR). She congratulated us and gave us a project progress checklist that contained a list of items to be completed. Most of the requirements are the responsibility of the engineers. We are responsible for two public hearings, one for the facility plan (PER) and one for the user charge. Janet pointed out that according to MDNR’s checklist, the hearings must be held before 90% of the construction is completed. So it is not urgent that the hearings be held in the next month or two. Marilyn said that she thought that this was wonderful news as we will have a much better idea what the actual user charge will be. Also we will be more knowledgeable as to how the sewer system will work.
We do have to furnish MDNR and USDA-RD with a draft of the user charge ordinance prior to bid authorization. 
One of the first things the District must do is become a vendor of the state of Missouri capable of receiving electronic transfer of funds, so we need to apply for Federal Employer Identification Number (FEIN), open a bank account, and submit the vendor application.
Easement Update
There were no changes since the July 9, 2008 meeting.

Carol talked to Don Hagemeier. Mr. Hagemeier excels at getting easements. He has been successful working for Ameren-UE and the phone co. He’s a very good speaker, quite knowledgeable, and he’s less expensive than a lawyer. If we run into difficulty, we should consider hiring him to talk to home owners about easements.

Treatment Plant Survey
Rich said that the engineers will decide where they want the treatment plant and mark the area with stakes. We’ll then have the area surveyed and provide Floyd Norrick with that information so he can prepare the deeds for the property transfer.
Geological Investigation
Rich said that the engineers will arrange for the geotechnic investigation and the District will pay for the work with money borrowed from the LTPOA.
Facility Plan and User Charge Public Meetings
This was discussed under Funding Update above.

Model User Agreement Public Meeting
There was a discussion of District engineer Frank Taylor’s (FT) request for a public meeting at which homeowners (HOs) would be asked to sign a user’s agreement (UA). [As background, in the UA the HO will agree to obey the rules set by the District and provide the needed electrical connection. The UA will also contain a list of items that will be provided by the District if the HO connects during the initial (construction) phase.]
When RH asked Traci Newberry (MDNR) and Donna Martin (USDA-RD) for their sample UAs, they each sent him sample sewer use and sample user charge ordinances. In both cases, he was sent ordinances meant to be passed by the Board. None of these documents seemed to be contracts of the type FT wanted signed by HOs. Since MDNR and USDA-RD do not have sample UAs and there is not a UA on MDNR’s project checklist, it seems logical that a UA is not required by MDNR or USDA-RD to install a sewer system. 
In terms of having a public meeting to sign a UA, the opinion of the Board was that it would be poorly attended. And even if UAs were mailed to HOs, not enough UAs would be signed and returned to ease FT’s mind. But low attendance and a poor response rate do not necessarily equal opposition to the sewer project.
On the positive side, the Board considers easements no longer a problem in that transfer from the Owner’s Association to PWSD #13 is in progress. Also, regarding HO participation, both Lake Tishomingo Restrictions and USDA-RD will require HOs to hook-up to the sewer system.
District engineer Tim Robbs said he will send RH a copy of a UA he has from a water district he works with.
New Business
Carol said she talked to State Senator Ryan McKenna and State Rep Belinda Harris about getting some sort of state tax credit for people that have recently installed a new septic system. This could perhaps ease the pain of scrapping their old system and adopting a public sewer. At this time there does not seem to be such a program in place.

Attorney’s Report
There was no attorney’s report
Engineer’s Report
There was no engineer’s report
Adjournment
There being no other formal business to come before the Board, a motion to adjourn was made by Rick Lippitt and seconded by John Hindrichs at 8:33 P.M., with all Directors in approval.

Respectfully Submitted,

Rich Hirsch
Recording Secretary

Approved this 20th day of August 2008.

___________________________	_________________________________
Secretary	Chairman
July 31, 2008