PUBLIC WATER SUPPLY DISTRICT #13
Minutes of the January 13, 2010
Regular Session of the Board of Trustees

The Board of Directors of Public Water District #13, Jefferson County Missouri met in regular session at 7:00 p.m. on January 13, 2010 at the Lake Tishomingo Community Center, Hillsboro, Missouri.

Roll Call of Directors
The following Directors being present or absent as indicated:
	Name	Present/Absent
	Marilyn Meyer	Absent
	Rich Hirsch	Present
	Rick Lippitt	Present
	John Hindrichs	Present
	Ken Jost	Arrived at 7:15 p.m.
Also in attendance was Janet Hirsch (JWH, LTPOA Board member), Bob Sweeney (RS, PWSD #13 attorney), and Tim Robbs (TR, PWSD #13 engineer).
Rick Lippitt presided over the meeting.

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

Approval of Minutes of Past Meetings
The Minutes of the December 9, 2009 regular session meeting were emailed to the Directors prior to the meeting. Motion was made by John Hindrichs to approve the Minutes as written. Second was by Rich Hirsch. On voice vote, the Minutes were approved.

Treasurer’s Report
There was no Treasurer's report.

Old Business
WWTP & collection system design plans -- status report
TR: Revised plans were resubmitted to USDA-RD on Dec. 21, 2009. Waiting for a response. 
RH: We received a revised budget from Tim.
TR: The plans and specifications are now written for access to the treatment plant from Regina Rd. If that changes, we'll have to revise them. 

DNR Clean Water Commission Meeting
Board members MM and RH and JWH attended the meeting of the Missouri DNR Clean Water Commission in St. Louis on Jan. 6, 2010. In 2009 PWSD #13 was fourteenth in the fundable list. This year PWSD #13 is third in the fundable list. [MO FY 2010 Clean Water State Revolving Fund, Intended Use Plan, State Grant and Loan Priority List.] Most of the other sewer districts, villages, etc., apparently took ARRA (stimulus) money. 
JWH: Remember that we have to start using these funds by June 2010 or we lose the DNR 40% grant money (up to $1.7 MIL). 
RH: Our main reason to attend the meeting was to make sure the approval of the fundable list went smoothly. And it did. 

USDA-RD and MO DNR Checklists of Items Pending
The Board went over USDA-RD's and DNR's checklists of items pending that the Board is responsible for.
Proposed Operating Budget and User Charge Ordinance:
JWH is waiting for Tim's input on the budget numbers. The critical part is the calculation of the user fee and the amount of money we're to set aside each year for short term asset replacement. I need Tim's input to tell me what the numbers are.
JWH: Another part of the user charge ordinance is setting up user classes. Class 1 is residential user, single family contributor. In their template, they have many classes, like commercial, that don't apply to us. I did add one class, however. I added class NE for "no electric" which will apply to users that have not provided an electrical hookup for their effluent pump, so they will not have full sewer service. I suggest leaving the other classes blank at this time. 
RS: I would identify the other classes as "to be determined". Identify the class, but don't define the class at this time. Recognize there is the potential for these classes but currently we don't have any of these cases.

Written Evidence of Acceptable Accounting System, CPA Engagement Letter, and Bookkeeping Agreement--JWH: We received a contract from Daniel Jones & Assoc., the CPA firm mentioned last month. They audit a number of sewer and water districts including Cedar Hill Lakes. They will charge us $6800 per year for the audit. We were very impressed with them. 
RS: I suggest sending the contract to Donna for approval before voting on engaging them.
JWH: The Written Evidence of Acceptable Accounting System form is also ready to be sent to Donna.
JWH: Daniel Jones & Assoc. recommended an accountant, Suzzie Akins in DeSoto who charges $55/hr for consultation. I've spoken to her and she will help us set up our accounting system correctly.
JWH: Beyond that I've advertised in the Tishomingo newsletter for a bookkeeper. The bookkeeper has to sign an agreement that she will prepare the annual and monthly financial statements. We've had one response so far from a resident interested in the job of bookkeeper.

Sewer Use Ordinance--RH reported that he submitted a draft of the ordinance to USDA-RD and MO DNR. Traci (MO DNR) responded by email that the draft "Looks fine for our grant." Donna (USDA-RD) wanted three additions to be made. The document was revised as suggested and sent back to Donna, who submitted it to their State Office for final review.
RH: There is one problem with the Use Ordinance that was sent to Donna. The problem is with the language in Article III, Section 4 of the Use Ordinance. The draft previously reviewed contained the following language:

SECTION 4: The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the boundaries of PWSD #13 …
…is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer…

RH: The problem is with the italicized text "buildings or properties used for human occupancy, employment, recreation or other purposes." There are many lots within the subdivision that contain sheds or shacks used to hold recreational equipment such as fishing gear, skis, paddles, etc. These sheds are on lots that otherwise do not have houses. A shed on a lot without a source of water could be considered a building used for recreational purposes, or more generally, a building used for other purposes. A change is needed because the Use Ordinance should not force property owners to install toilet facilities in storage sheds. 
RS pointed out that buildings used for employment should have bathroom facilities and suggested just omitting "recreational or other purposes" from Section 4. 

The revised Section 4 reads as follows:
SECTION 4: The owner of all houses, buildings or properties used for human occupancy or employment, situated within the boundaries of PWSD #13…
…is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer…

RH: This revised version of the Sewer Use Ordinance will be sent to Donna for review. 

Attorney’s Opinion on Adequacy of Insurance
RS recommended that an insurance expert come out and explain what coverage he believes should be held by the District. I believe a million dollar policy should be enough.
RS offered to set up a meeting with an insurance expert in the near future. 
The Board expressed flexibility in when it could meet with the insurance expert.

Guide 64 – Right-of-Way--RS indicated he needs the right-of-way map from Tim before he can complete the right of way opinion. 
TR will send Bob the map via email.

Closed session pursuant to section 610.021, sub-section 2, RSMo 2004.
Access road to WWTP from Regina Rd., Easement status
JH moved to enter closed session. Seconded by RH. Role call vote of the Board:
Rich Hirsch	Aye
Rick Lippitt	Aye
John Hindrichs	Aye
Ken Jost	Aye

Closed session entered at 7:39 p.m.

Closed session ended at 8:25 p.m. (46 min)

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 John Hindrichs and seconded by Ken Jost at 8:30 p.m. Motion passed with all Directors in approval.

Respectfully Submitted,

Rich Hirsch
Recording Secretary

Approved this 10th day of February 2010.

___________________________	_________________________________
Secretary	Chairman
January 22, 2010