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Public Meetings

The VVWD Board of Directors meet the 1st and 3rd Tuesday of every month at 5:00 p.m. at the VVWD Office.

Public Records Request

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Please understand there is a charge for copies of public records. Further, if the estimated cost of the copies you have requested is $25.00 or more, you will be required to pay in full prior to reproduction. Materials will be held for 14 days. If not retrieved, you will be charged in full for a second reproduction in addition to any unpaid original charges. Advance payment will be forfeited if the material is not retrieved.

Board Meeting Agendas
- 2012
  - 2012-02-07 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, FEBRUARY 7, 2012
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Board Comments
    
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 1/17/12 Regular Meeting
    
    M2012-01-17_Draft.pdf
    
    3. For Possible Action - Approve Financial Statement for December 2011
    
    12_2011_Financials.pdf
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    2-7-12_Detailed_Checks_1.pdf
    2-7-12_Detailed_checks_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. For Discussion & for Possible Action – Consideration to approve Engagement Letter from Wisan, Smith, Racker & Prescott, LLP to perform annual audit for Fiscal Year Ending June 30, 2012
    
    2-7_Memo_on_Engagement_Letter.pdf
    2-7_Engagement_Letter_VVWD_for_audit.pdf
    
    6. For Discussion & for Possible Action – Consideration to approve a Cost of Living Allowance (COLA) for Virgin Valley Water District employees effective July 1, 2012
    
    2-7-12_Cost_of_Living_Increase.pdf
    
    7. For Discussion & for Possible Action – Performance evaluation of Kenneth Rock, General Manager. Possible action may include, but is not limited to, termination, suspension, demotion, reduction in pay, reprimand, promotion, endorsement, engagement, retention, salary increase, or ‘no action’. (The Board of Directors may consider character, alleged misconduct, professional competence, physical or mental health pursuant to NRS 241.031.)
    
    8. Hydrologist’s Report
    
    2-7_Hydrologist_Report.pdf
    
    9. General Manager’s Report
    
    2-7_GM_Report.pdf
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2012-02-07 (.pdf 21KB)
  - 2012-01-24 Public Meeting Agenda
    
    NOTICE
    
    THE VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    MAY ATTEND A MEETING
    THAT WILL INFORM & POTENTIALLY ORGANIZE A COALITION
    OF NATIONAL, STATE & LOCAL GOVERNMENTAL ENTITIES & AGENCIES
    WITH INTERESTS IN THE LOWER VIRGIN RIVER HYDROGRAPHIC BASIN, ALSO KNOWN AS BASIN 222
    
    DATE & TIME: Tuesday, January 24, 2012 @ 9:30 a.m.
    
    LOCATION: Eureka Hotel/Casino
    Grand Canyon Ball Room
    275 Mesa Boulevard
    Mesquite, Nevada 89027
    702-346-4600
    
    FACILITATED BY: Virgin Valley Water District General Manager, Ken Rock
    
    A QUORUM OF THE BOARD OF DIRECTORS MAY OR MAY NOT BE PRESENT
    NO ACTION ON BEHALF OF THE VIRGIN VALLEY WATER DISTRICT MAY BE TAKEN AT THIS MEETING
    
    • Opening Remarks – Ken Rock
    
    • Public Comments – Please sign in if you wish to speak, and limit your remarks to 3 minutes.
    
    • Presentation – Ryan Wheeler and others from Forsgren Associates, Inc. will present the concept of an Integrated Water Resources Management Plan and respond to questions.
    
    • Presentation – Amy Porter from the U.S. Bureau of Reclamation (BOR) will briefly explain the BOR Basin Study Program.
    
    • Presentation – Rick Felling and others from the Nevada Division of Water Resources (NDWR) will explain Nevada water rights as they pertain to this basin.
    
    • Presentation – The perspective of preservation of water resources for habitat conservation will be discussed.
    
    • Presentation – Bob Marshall, Esq., from Carson City will briefly present the idea of a tri-state water resources contract.
    
    • Discussion – We will discuss the merits of meeting on a monthly basis, agenda issues, and creating a formal organization.
    
    • Adjournment
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Public Meeting Agenda: 2012-01-24 (.pdf 67KB)
  - 2012-01-17 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JANUARY 17, 2012
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Oath of Office to appointed Board member Richard Bowler from the Bunkerville Town Board
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 1/3/12 Regular Meeting
    
    M2012-01-03_Draft.pdf
    
    3. For Possible Action – Approve Financial Statement for November 2011
    
    11_2011_Financials.pdf
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    1-17-12_Detailed_Checks_1.pdf
    1-17-12_Detailed_Checks_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. For Discussion & for Possible Action – Consideration to approve the District’s purchase of 1 or up to 3¼ shares in the Mesquite Irrigation Company (MIC) for $70,000 per share, or some other price that might be negotiated and approved at the meeting. – Requested by Kenneth R. Cowart
    
    1-17-12_Offer_of_MIC_Shares.pdf
    1-17-12_Copy_of_Water_Purchase_Analysis.pdf
    1-17_Offer_ltr_to_sell_MIC_share-Cowart.pdf
    
    6. For Discussion & for Possible Action – Consideration to approve staff’s proposed action to request bids to pull the pump and rehabilitate the District’s Well #33. Bids will come back to the Board for final approval.
    
    1-17_Well_No__33_Rehabilitation.pdf
    1-17_Expenditure_Approval_Form_for_Well_33_Rehabilitation.pdf
    
    7. For Discussion & for Possible Action – The District’s one-million gallon “Freeway Tank” is in need of external painting. Consideration of possibly approaching the City of Mesquite (or others) about using this surface for an attractive logo in exchange for maintaining the exterior coating.
    
    1-17-12_Painting_of_Freeway_Tank.pdf
    
    8. For Board Information & Discussion – A report by District staff on the tank cleaning and repair work for the District’s “Flat Top Mesa Tank” and the “Airport Tank.”
    
    1-17-12_Leak_Repair_and_Cleaning_of_Water_Tanks.pdf
    
    9. Hydrologist’s Report
    
    1-17_Hydrologist_Report.pdf
    
    10. General Manager’s Report
    
    1-17_GM_Report.pdf
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2012-01-17 (.pdf 21KB)
  - 2012-01-03 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JANUARY 3, 2012
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Oath of Office to appointed Board members Karl Gustaveson from the City of Mesquite and Richard Bowler from the Bunkerville Town Board.
    • Nomination and Election of Officers
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 12/20/11 Regular Meeting
    
    M2011-12-20_Draft.pdf
    
    3. For Possible Action – Approve Bills Paid since last public meeting
    
    1-3-12_Detailed_Checks_1.pdf
    1-3-12_Detailed_Checks_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    4. For Discussion & for Possible Action – Nomination of representative from VVWD to the City of Mesquite Economic Development Committee
    
    5. Hydrologist’s Report
    
    6. General Manager’s Report
    
    1-3_GM_Report.pdf
    
    7. Public Comment
    
    8. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2012-01-03 (.pdf 29KB)
- 2011
  - 2011-12-20 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 20, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 12/6/11 Regular Meeting
    
    M2011-12-06_Draft.pdf
    
    3. For Possible Action – Approve Bills Paid since last public meeting
    
    12-20-11_Bills_Paid_1.pdf
    12-20-11_Bills_Paid_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    4. For Presentation & Discussion – Forsgren Associates, Inc. will present the concept of an Integrated Water Resource Management Plan for Basin 222
    
    12-20-11_Presentation_for_Water_Resource_Plan.pdf
    
    5. For Discussion & for Possible Action – Consideration to direct the General Manager to continue shaping a coalition to address the water resources in Basin 222, including the pursuit of grant opportunities and securing a consulting team.
    
    12-20-11_Basin_222_Coalition.pdf
    
    6. For Discussion & for Possible Action – Consideration to revise the District policy to save audio recordings of public meetings and have them available for ready access for a period of five (5) years and then to archive them for permanent preservation.
    
    12-20-Saving_Meeting_Recordings.pdf
    12-20_Saving_Minutes_NRS.pdf
    
    7. For Discussion & for Possible Action - Review, possibly change, and consideration to approve the message from the General Manager for the VVWD web site.
    
    12-20-GM_Message_Memo.pdf
    12-20_General_Managers_Message_2.pdf
    
    8. For Discussion & for Possible Action – Consideration to approve the District’s revised policy for utility easements per the language submitted by the District’s legal counsel, Bingham & Snow, LLP.
    
    12-20-11_Closer_Defining_System_Limits.pdf
    
    12-20_Responsibility_of_District_Spec_Sec..pdf
    12-20-11_Policy_Regarding_Responsibility_for_Pipes_on_Private_Property.pdf
    
    9. For Discussion & for Possible Action – Consideration of the District providing services to repair privately owned water lines at the request of residents for additional charges. When customers’ meters are not in the utility easements next to our mains, water resources are lost and unbilled when there are leaks in un-metered lines between the District’s owned distribution system and customers’ meters. Consideration of the District setting up a billable service for the repair or service of those lines. Staff requests that the Board authorize staff to look into this option, with potential services and billing rates.
    
    12-20-11_Possible_Additional_Services.pdf
    
    10. For Discussion & for Possible Action – Consideration to direct staff to develop a Request for Proposals (RFP) for potential solar or other alternative cost-saving, green energy options for the District and possibly other partners to consider.
    
    12-20-11_Energy_Cost_Containment.pdf
    
    11. For Discussion & for Possible Action – Consideration to approve Resolution 2011-01 to form as proposed for board approval consistent with their purchasing limit policy approved for the General Manager on December 6, 2011. This resolution would supersede Resolution 2002-1 for the same matter.
    
    RESOLUTION_2011-01_GM_Purchasing.pdf
    2002-1_PO_Procedures.pdf
    12-20_Purchasing_minutes_12-6-11.pdf
    
    12. Hydrologist’s Report
    
    12-20_Hydrologist_Report.pdf
    
    13. General Manager’s Report
    
    12-20_GM_Report.pdf
    
    14. Public Comment
    
    15. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2011-12-20 (.pdf 29KB)
  - 2011-12-06 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 6, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 11/1/11 Regular Meeting
    
    M2011-11-01_Draft.pdf
    
    3. For Possible Action – Approve Minutes from 11/15/11 Regular Meeting
    
    M2011-11-15_Draft.pdf
    
    4. For Possible Action - Approve Financial Statement for October 2011
    
    Oct_2011_Financials.pdf
    
    5. For Possible Action – Approve Bills Paid since last public meeting
    
    12-6-11 Bills_Paid_1.pdf
    12-6-11_Bills_Paid_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    6. For Discussion & for Possible Action – Discussion and consideration of an Alternative Investment Management arrangement with Wells Fargo Institutional Securities. Possible action may include moving some or all of the District’s invested Securities from BNY Mellon to Wells Fargo Institutional Securities.
    
    12-6_Investment_Management_Memo.pdf
    12-6_Investment_Management_Analysis.pdf
    
    7. For Discussion & for Possible Action – Consideration and possible confirmation that the Board only need approve expenses over $2,500 for non-budgeted, non-emergency items, and those that require funds to be shifted from one District account to another.
    
    12-6_Budgeted_Expense_items_over_2500.pdf
    
    8. For Discussion & for Possible Action – Discussion of the scope of the District’s responsibility for water lines and the District’s ownership of water meters and appurtenances. Mesa Townhomes is an example of an HOA that has a 6” main line entering it with numerous smaller lines branching off of and dispersed throughout the HOA’s common areas. Staff suggests confirmation of a current policy that the District will service only those water lines that are located within express easements and rights-of-way which have been duly recorded with the Clark County Recorder. Staff also recommends wording changes to the District’s Standard Specifications and Operating Rules, Regulation & Rates to confirm that the District owns only the water meters and related appurtenances regardless of their locations. Possible actions may include confirming the policy and approving potential wording change(s) to District’s rules, regulations, and specifications consistent with the decisions of the Board.
    
    12-06-Distribution_System_Responsibility.pdf
    12-6_District_Responsibility_attchmnt_1.pdf
    12-6_District_Responsibility_attchmnt_2.pdf
    
    9. For Discussion – In the workshop on November 3, 2011 regarding the District’s Secondary Feasibility Study, copies of the report were presented to all of the Board members. Engineers from Forsgren will be available at this meeting to answer questions on the report and the Secondary Feasibility Study.
    
    12-06_Secondary_Feasibility_Study.pdf
    12-6_Secondary_Feasibility_Study_modifications.pdf
    
    10. For Discussion & for Possible Action – Presentation by Forsgren Associates, Inc. for a proposal to perform an engineering evaluation of the Bunkerville secondary water system at a cost of $18,000, which will include recommendations with system improvement costs and benefits.
    
    12-06_Bunkerville_Secondary_Upgrade_Study_memo.pdf
    12-6_Proposal_for_Secondary_System_Evaluation_by_Forsgren_rev1.pdf
    
    11. Hydrologist’s Report
    
    12-6_Hydrologist_Report.pdf
    
    12. General Manager’s Report
    
    12-6_GM_Report.pdf
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2011-12-06 (.pdf 29KB)
  - 2011-11-15 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, NOVEMBER 15, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 11/1/11 Regular Meeting
    
    M2011-11-01_Draft.pdf
    
    3. For Possible Action – Approve Minutes from 11/3/11 Workshop
    
    M2011-11-03_Workshop_Draft.pdf
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    11-15-11_Bills_Paid_1.pdf
    11-15-11_Bills_Paid_2.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. For Discussion & for Possible Action – Information regarding electronic billing, customer water use history access, and the possibility of e-mail notification of bills will be presented by Tracy Lee, District’s Information Technology (IT) specialist. The Board may continue the current policies or request research and report to the Board on additional costs and benefits expected with e-mail billing as an option.
    
    11-15_Walters_ltr.pdf
    11-15-11_E-Mail_Billing_Option.pdf
    
    6. For Discussion – An opinion from the General Manager regarding water use and conservation policies in response to an August 24, 2011 letter to the Board of Directors from Ron Walters.
    
    11-15_Walters_ltr.pdf
    11-15-11_Landscape_Water_Use.pdf
    
    7. For Discussion & for Possible Action – Consideration of a potential settlement offer from the Defendant(s) to resolve the Water District’s claims related to the alleged defective “Bruiser” pipe in connection with the current litigation captioned as Virgin Valley Water District vs. Vanguard Piping Systems et al.
    
    8. Public Hearing, Discussion, and for Possible Action – Discussion and public hearing on the Virgin River Habitat Conservation & Recovery Program (VRHCRP), the District’s obligations under the Endangered Species Act, and the District’s role and financial participation in the VRHCRP. Possible action may include adoption of Ordinance IV and a corresponding fee to be assessed to new water users in order to satisfy the District’s financial and related obligations under the VRHCRP. Possible action may also include determining the amount of any fee to be imposed by the District through Ordinance IV and other conditions to address the District’s financial participation in the VRHCRP.
    
    11-15-11_Ordinance_IV_Justification.pdf
    11-15_Notes_from_FWS_call.pdf
    11-15_FnW_Permit.pdf
    11-15_VRHCRP_Development.pdf
    11-1_2002_USFWS_Biologicial_Opinion.pdf
    11-1_-_2006-09-01_HMMP.pdf
    11-1_-_2008-03-08_Memorandum_of_Agreement_VRHCRP.pdf
    11-1_-_2008-08-05_Meeting_Minutes_550_amount_discussed.pdf
    11-1_2011-10-04_Ordinance_4.pdf
    
    9. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules in order to make such rule consistent with Ordinance IV if adopted pursuant to the preceding agenda item.
    
    11-1_Rules_Regs_Ord_4.pdf
    
    10. For Discussion & for Possible Action – Discussion relative to a confirmation and ratification of the General Manager’s approval of $22,059.52 in change orders to the Trade West contract for pressure relief valve covers and improvements to the drain line from treatment plant and reservoir site #32.
    
    11-15-11_Trade_West_Change_Orders.pdf
    11-15_TW_CO_BU.pdf
    11-15_TW_Expenditure_Approval_Form.pdf
    
    11. For Discussion & for Possible Action – Apply to the Bureau of Reclamation (BOR) Basin Study Program on behalf of the Virgin Valley Water District and other future stakeholders.
    
    11-15-11_Bureau_of_Reclamation_Basin_Study.pdf
    11-15_BOR_BU.pdf
    
    12. Hydrologist’s Report
    
    11-15_Hydrologist_Report.pdf
    
    13. General Manager’s Report
    
    11-15_GM_Report.pdf
    
    14. Public Comment
    
    15. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2011-11-15 (.pdf 29KB)
  - 2011-11-03 Work Session Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    THURSDAY, NOVEMBER 3, 2011
    9:00 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    1. For Presentation and for Discussion – Forsgren Associates, Inc. will make a presentation for the Secondary Water Feasibility Study, including suggestions for steps to be undertaken.
    
    2. For Presentation and for Discussion – The General Manager will present a report on the problems of the Bunkerville Secondary System and possible actions to resolve them. The Board may consider and discuss research to assess the problem. Staff could research and return with a consultant’s estimate to produce a full study with recommended actions and costs.
    
    11-3_Wkshp_Bunkerville_Secondary_Water_System_Problems.pdf
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Board Work Session Agenda: 2011-11-03 (.pdf 38KB)
  - 2011-11-01 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, NOVEMBER 1, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 10/18/11 Regular Meeting
    
    M2011-10-18_Draft.pdf
    
    3. For Possible Action - Approve Financial Statement for September 2011
    
    Sept_2011_Financials.pdf
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    11-1-11_Bills_Paid_1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. For Presentation – Presentation by Aaron Bunker showing the three rain gauge sites for Basin 222 and our recent land-based (non-helicopter) accesses.
    
    6. For Discussion & for Possible Action – Consideration to approve up to $9,000 to purchase a “quad” style off-road 4-wheeler(s) to allow for access to the rain gauges without the use of a helicopter.
    
    11-1_Quad_Purchase.pdf
    11-1_quad_quotes.pdf
    11-1_Expenditure_Approval_Form_for_ATV.pdf
    
    7. For Discussion & for Possible Action – Consideration of a potential settlement offer from the Defendant(s) to resolve the Water District’s claims related to the alleged defective “Bruiser” pipe in connection with the current litigation captioned as Virgin Valley Water District vs. Vanguard Piping Systems et al.
    
    8. Public Hearing, Discussion, and for Possible Action – Discussion and public hearing on the Virgin River Habitat Conservation & Recovery Program (VRHCRP), the District’s obligations under the Endangered Species Act, and the District’s role and financial participation in the VRHCRP. Possible action may include adoption of Ordinance IV and a corresponding fee to be assessed to new water users in order to satisfy the District’s financial and related obligations under the VRHCRP. Possible action may also include determining the amount of any fee to be imposed by the District through Ordinance IV and other conditions to address the District’s financial participation in the VRHCRP.
    
    11-1_2008-03-08_Memorandum_of_Agreement_VRHCRP.pdf
    11-1_2011-10-04_Ordinance_4.pdf
    11-1_Endangered_Species_Act_Summary_copy.pdf
    11-1_2002_USFWS_Biologicial_Opinion.pdf
    11-1_-_2008-08-05_Meeting_Minutes_550_amount_discussed.pdf
    
    9. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules in order to make such rule consistent with Ordinance IV if adopted pursuant to the preceding agenda item.
    
    11-1_Rules_Regs_Ord_4.pdf
    
    10. Hydrologist’s Report
    
    11. General Manager’s Report
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2011-11-01 (.pdf 28KB)
  - 2011-10-18 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, OCTOBER 18, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Board Comments
    
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 9/29/11 Work Session
    
    M2011-09-29_Work_Session_Draft.pdf
    
    3. For Possible Action – Approve Minutes from 10/4/11 Regular Meeting
    
    M2011-10-04_Draft.pdf
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    10-18-11_bills_Paid_1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. For Presentation, Discussion & for Possible Action – Presentation by VVWD Accountant of the newly formatted accounting statements and consideration to approve Financial Statement for August 2011
    
    Aug_2011_Financials.pdf
    
    6. Hydrologist’s Report
    
    7. General Manager’s Report
    
    10-18_GM_Report.pdf
    
    8. Public Comment
    
    9. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Board Meeting Agenda: 2011-10-18 (.pdf 24KB)
  - 2011-10-04 Annual Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    ANNUAL MEETING
    TUESDAY, OCTOBER 4, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Board Comments
    
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 9/20/11 Regular Meeting
    
    M2011-09-20_Draft.pdf
    
    ** END OF CONSENT AGENDA**
    
    3. For Discussion & for Possible Action - Presentation of Annual Audit for Fiscal Year Ending June 30, 2010 by Wisan, Smith, Racker & Prescott
    
    VVWD_FS_6-30-11_draft_v2.pdf
    
    4. For Discussion & for Possible Action – Consideration to approve $7,715.00 for funding the Demonstration Garden at the District offices
    
    10-4_Conservation_Garden.pdf
    
    5. For Discussion & for Possible Action – Discussion of the Virgin River Habitat Conservation & Recovery Program (VRHCRP) and the District’s role and financial participation. Possible action may include adoption of Ordinance IV. Possible action may also include determining the amount of the fee to be imposed by the District through Ordinance IV and other conditions in order to address the District’s financial participation in the VRHCRP.
    
    10-4-2011-09-14_Ordinance_4_at_time_of_connection.pdf
    10-4-Ord_4_justification_memo.pdf
    
    6. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules to make such rule consistent with Ordinance IV
    
    10-4-_2011-09-27_Revised_Will_Serve_Rule.pdf
    
    7. For Discussion & for Possible Action – Consideration of proposed amended settlement agreement with the U.S. Bureau of Land Management (BLM) to resolve trespass issues associated with the White Rock well site (Well #30). Possible action may include authorizing the General Manager to execute the proposed amended settlement agreement with the BLM.
    
    10-4_Amended_BLM_Settlement_Agreement.pdf
    
    8. Hydrologist's Report
    
    10-4_Hydrologist_Report.pdf
    
    9. General Manager's Report
    
    10-4_GM_Report2.pdf
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Annual Board Meeting Agenda: 2011-10-04 (.pdf 27KB)
  - 2011-09-29 Work Session Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    THURSDAY, SEPTEMBER 29, 2011
    9:00 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    1. For Presentation and for Discussion – Bowen, Collins & Associates (BCA) will present their technical memorandum on the Basin 222 Evaluation and VVWD Groundwater Resources
    
    • Chris Mikell presents a summary of the report findings and recommendations.
    • Ken Rock discusses implications and proposes a possible plan for the facilitation of the recommendations.
    • Round-table discussion by Board regarding the study and its ideas.
    • Assignments for the staff and Board opinions for potential agenda items for following Board meetings.
    
    2. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Work Session Meeting Agenda: 2011-09-29 (.pdf 38KB)
  - 2011-09-20 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, SEPTEMBER 20, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approve Agenda
    
    2. For Possible Action – Approve Minutes from 9/6/11 Regular Meeting
    
    M2011-09-06_Draft.pdf
    
    3. For Possible Action – Approve Minutes from 9/13/11 Work Session
    
    M2011-09-13_Work_Session_Draft.pdf
    
    4. For Possible Action – Approve Financial Statement for July 2011
    
    July_2011_Financials.pdf
    
    5. For Possible Action – Approve Bills Paid since last public meeting
    
    9-20-11_Bills_Paid_1.pdf
    
    6. For Possible Action – Approve Workshop scheduled for September 29, 2011 at 9:00 a.m. with Bowen, Collins & Associates (BCA) regarding Basin 222 Study
    
    7. For Possible Action – Approve Workshop scheduled for November 3, 2011 at 9:00 a.m. with Forsgren Associates, Inc. regarding Secondary Feasibility Study
    
    ** END OF CONSENT AGENDA**
    
    8. For Discussion & for Possible Action – Discussion of the Virgin River Habitat Conservation & Recovery Program (VRHCRP) and the District’s role and financial participation. Consideration of the discussions concerning the VRHCRP as presented in the September 13, 2011 workshop. Possible action may include adoption of Ordinance 4. Possible action may also include determining the amount of the fee to be imposed by the District through Ordinance 4 and other conditions in order to address the District’s financial participation in the VRHCRP.
    
    9-20_Ordinance_4_Draft.pdf
    9-20_Ordinance_4_Fee_Schedule_Draft.pdf
    
    9. For Discussion & for Possible Action – Consideration to appoint a representative to the Mesquite Economic Development Commission. Candidates may include the current representative, Board Member Ted Miller; a different board member; or a staff member.
    
    10. For Discussion & for Possible Action – Review, possibly change, and approve the message from the General Manager
    
    9-20_GM_Message_Memo.pdf
    9-20_General_Managers_Message_Draft.pdf
    
    11. Hydrologist’s Report
    
    9-20_Hydrologist_Report.pdf
    
    12. General Manager’s Report
    
    9-20_GM_Report.pdf
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Meeting Agenda: 2011-09-20 (.pdf 41KB)
  - 2011-09-13 Work Session Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    TUESDAY, SEPTEMBER 13, 2011
    9:00 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    1. For Information and Discussion – Robcyn, LLC will present information and answer questions regarding accessibility to Virgin Valley Water District’s (VVWD) Mica Notch Spring's water rights.
    
    2. For Presentation and for Discussion – Representatives of Robcyn, LLC, the U.S. Fish & Wildlife Service, the City of Mesquite Planning & Environmental Resources Department and the VVWD’s General Manager and Hydrologist will present information on the Virgin River Habitat Conservation and Recovery Program (VRHCRP). The information to be presented and discussed may include, but is not limited to, the background of the VRHCRP, the role and expected financial participation by the VVWD in the VRHCRP. Robcyn, LLC and the VVWD’s General Manager will lead a discussion regarding the District’s participation in the VRHCRP, and related matters.
    
    9-13_Workshop_2.pdf
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Work Session Meeting Agenda: 2011-09-13 (.pdf 38KB)
  - 2011-09-06 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, SEPTEMBER 6, 2011
    5:00 P.M.
    
    VIRGIN VALELY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comment
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Discussion & for Possible Action – Approval of Agenda
    
    2. For Discussion & for Possible Action – Approval of Minutes from 8/16/11 Regular Meeting
    
    M2011-08-16_Draft..pdf
    
    3. For Discussion & for Possible Action – Approval of Bills Paid
    
    9-6-11_Bills_Paid_1.pdf
    
    **END OF CONSENT AGENDA**
    
    4. For Presentation, Discussion & for Possible Action – John Jemison, District’s Financial Portfolio Manager with BNY Mellon, will make a presentation on the District’s investment policy and portfolio. Following the presentation, the Board may review and discuss the District’s investment policy, make comments, ratify as is, or direct the General Manager and Mr. Jemison to make adjustments to the District’s portfolio and/or investment policy.
    
    11-10-99_Investment_Policy.pdf
    9-6_Investment_Policy_Updated_8-22-11.pdf
    
    5. For Discussion & for Possible Action – Consideration to accept and approve change order request of $14,200 from Forsgren Associates, Inc. regarding the secondary feasibility study.
    
    Forsgren_Change_Order_Request.pdf
    Secondary_Study_Scope_Change.pdf
    
    6. For Presentation, Discussion & for Possible Action – The General Manager and Hydrologist will make a brief presentation to show the water quality, location, appearance and access to Mica Notch Springs where the District has 201.26 afy of spring water rights. The Board may approve $5,000 for an engineering letter report to make a preliminary assessment of pursuing this project.
    
    7. For Discussion & for Possible Action – Review of and consideration to possibly adopt the proposed budget preparation timeline.
    
    9-6_Budget_Timeline.pdf
    
    8. Hydrologist’s Report
    
    9-6_Hydrologist_Report.pdf
    
    9. General Manager’s Report
    
    9-6_GM_Report.pdf
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Meeting Agenda: 2011-09-06 (.pdf 41KB)
  - 2011-08-16 Regular Board Meeting Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 16, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Board Comments
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approval of Agenda
    2. For Possible Action – Approval of Minutes from 8/02/11 Regular Meeting
    3. For Possible Action – Approval of Bills Paid
    4. For Possible Action – Approval of Purchase Orders Over $2,500
    A. Morcon - $4,116.70 – Pressure Washer
    
    ** END OF CONSENT AGENDA**
    
    5. For Discussion & for Possible Approval – Discuss and potentially approve revisions to the Applications for Lease of Irrigation Shares.
    
    6. For Discussion & for Possible Approval – Discuss and potentially approve revisions to the Lease Agreement for Irrigation Shares.
    
    7. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Mesquite Gaming for 80 Shares of Mesquite Irrigation Company (MIC) water.
    
    8. For Discussion & for Possible Approval – Review and discuss the potential acceptance for a long-term lease agreement with Pulte for 4 Shares of Mesquite Irrigation Company (MIC) water.
    
    9. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Bunker Farms for 37 shares of Bunker Irrigation Company (BIC) water.
    
    10. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Tilman Hafen for 17 Mesquite Irrigation Shares.
    
    11. For Discussion & Possible Action – Review and discuss the potential acceptance of the apparent low bid for repair of damage caused by a burst 16” pipe under Pioneer Boulevard. The bids for this project will become available and made public at this Board Meeting.
    
    12. For Presentation, for Discussion & for Possible Action – Proposed revisions to the VVWD job titles, without any changes to compensation. All staff would retain their current pay.
    
    13. For Discussion & for Possible Action – Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and Cedar Development Company, L.L.C., a Utah limited liability company, for Cedar Development Company, L.L.C.. to grant VVWD an easement for VVWD’s ingress-egress and waterlines across, under, and through certain real property owned by Cedar Development Company, L.L.C.
    
    14. For Discussion & for Possible Action – Consideration to award work based on bids presented for the grading and road base application for access to the secondary facilities in Bunkerville to the lowest responsible bidder in the best interest of the Virgin Valley Water District.
    
    15. For Discussion & for Possible Action – Review and discuss potentially establishing Ordinance IV connection fees to implement the Virgin River Conservation and Recovery Plan (VRCPR) at $275.00 per equivalent dwelling unit (EDU).
    
    16. Hydrologist’s Report
    
    17. General Manager’s Report
    
    18. Public Comment
    
    19. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Regular Meeting Agenda: 2011-08-16 (.pdf 501KB)
  - 2011-08-02 Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 2, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized).    Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Board Comments
    
    • President of Board Comments
    
    Items on the agenda may be taken out of order. The public body may combine two or more agenda items for consideration and the public body may remove an item from the agenda or delay discussion at any time.
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without general discussion or a hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    1. For Possible Action – Approval of Agenda
    
    2. For Possible Action – Approval of Minutes from 7/19/11 Regular Meeting
    
    M2011-07-19_Draft.pdf
    
    3. For Possible Action – Approval of Bills Paid
    
    8-2-11_Bills_Paid_1.pdf
    
    4. For Possible Action – Approval of Purchase Orders Over $2,500
    A. Kitchen Encounters - $10,000 – Ratify approval of office remodeling
    
    Kitchen_Encounters_over_2500.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Presentation & Discussion – Robcyn will present how they can set up a system for the District of federal land records for permits, grants, and rights-of-way.
    
    6. For Discussion & For Possible Action – Consideration of continued allotment of irrigation shares for long-term leasing. Discussion may include a chronology of events leading to the allotment of BIC shares for long-term leasing. Possible action may include, but is not limited to, confirmation and ratification of current policies for the leasing of irrigation shares or revision and adjustment of policies for the leasing of irrigation shares. – Requested by Robert Draskovich
    
    Long_Term_Leasing_of_Shares.pdf
    Chronology_of_Ordinance_5_and_Lease_of_Irrigation_Shares_Relating_to_BIC.pdf
    
    7. For Discussion & For Possible Action - Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and NDKMT LLC, a Nevada limited liability company, for NDKMT LLC to grant VVWD an easement for VVWD’s ingress/egress and waterlines across, under, and through certain real property owned by NDKMT LLC.
    
    NDKMT_Easement_Agreement.pdf
    
    8. For Discussion & For Possible Action – Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and Cedar Development Company, L.L.C., a Utah limited liability company, for Cedar Development Company, L.L.C.. to grant VVWD an easement for VVWD’s ingress-egress and waterlines across, under, and through certain real property owned by Cedar Development Company, L.L.C.
    
    Easement_Agreement_Cedar_Development.pdf
    
    9. For Discussion & For Possible Action – Consideration to award work based on bids presented for the grading and road base application for access to the secondary facilities in Bunkerville to the lowest responsible bidder in the best interest of the Virgin Valley Water District.
    
    Secondary_Access_Improvements.pdf
    Secondary_Access_Improvement_Bids.pdf
    
    10. For Discussion – Summary of outside accounting services – recent and anticipated costs.
    
    Summary_of_Outside_Accounting_Services.pdf
    8-2-_Outside_Accounting.pdf
    
    11. For Discussion & For Possible Action – Consideration to accept revised Investment Policy Statement with BNY Mellon as rewritten.
    
    Investment_Policy_Statement_Memo.pdf
    VV_Water_District_Investment_Policy_Statement.pdf
    
    12. Hydrologist’s Report
    
    13. General Manager’s Report
    
    GM_Report.pdf
    
    14. Public Comment
    
    15. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT   - U.S. POST OFFICE
    - MESQUITE CITY HALL     - AMERICA FIRST CREDIT UNION
    - BUNKERVILLE U.S. POST OFFICE   - WEBSITE: vvh2o.com
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-08-02 (.pdf 28K)
  - 2011-07-19 Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JULY 19, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 7/5/11 Regular Meeting
    
    M2011-07-05_Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for May 2011
    
    May_2011_Financials.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    7-19-11_Bills_Paid_1.pdf
    
    5. Discussion & Action - Approve Purchase Orders Over $2,500
    The Shop - $5,421.20 – Vehicle Repairs to Truck #EX40006
    
    7-19_Vehicle_Maint..pdf
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Discussion and consideration to amend policy regarding high water use due to a break on a customer’s line, and a recent example with the general manager’s response. The Board may discuss, affirm, request a change, or decline to amend policy.
    
    7-19_kensgeanstletter.pdf
    7-19_362geanstreet.pdf
    
    7. Hydrologist’s Report
    
    7-19_Hydrologist_Report.pdf
    
    8. General Manager’s Report
    
    7-19_GM_Report.pdf
    
    9. Public Comment
    
    10. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-07-19 (.pdf 24K)
  - 2011-07-05 Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JULY 5, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 6/21/11 Regular Meeting
    
    M2011-06-21_Draft.pdf
    
    3. Discussion & Action - Approve Bills Paid
    
    7-5-11_Bills_Paid_1.pdf
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion & Possible Action – Consideration to approve a written Easement Agreement between the Virgin Valley Water District (VVWD) and R & R Properties, LLC (R&R) for R&R to grant VVWD an easement for VVWD’s ingress/egress and waterlines across, under, and through certain real property owned by R&R and to authorize execution of a conflict waiver for VVWD’s legal counsel, Bingham & Snow, LLP, to draft the Easement Agreement based on prior representation of R&R. Agenda item requested by Robert Bunker, a representative of R & R Properties, LLC.
    
    7-5_R_n_R_Easement_Agreement.pdf
    
    5. Discussion & Possible Action – Consideration to Award Contract and Notice to Proceed to the lowest responsible bidder in the best interest of the Virgin Valley Water District for the full project scope from the bids submitted on June 23, 2011 entitled Mesquite Heights 24” Butterfly Valve, Canyon Crest 10” PRV, Horizon Boulevard 10” PRV and 20” HDPE Flush Line System
    
    7-5_Bid_abstract_6-24-11_0623192115_001.pdf
    
    6. Discussion & Possible Action – Consideration to approve Task Order 11-4 for a not-to-exceed amount of $10,000 under the general service agreement between VVWD and Bowen Collins & Associates (BCA) to allow BCA to continue support services for the five treatment plant SCADA and PLC systems on an as-needed basis.
    
    7-5_BCA_Standard_Task_Order_11-4.pdf
    
    7. Discussion & Possible Action – Consideration to approve Task Order 11-5 with BCA for a not –to-exceed amount of $21,000 for engineering design and specifications for replacement of the force main from Well #2 and rehabilitation of that well.
    
    7-5_BCA_Standard_Task_Order_11-5.pdf
    
    8. Hydrologist’s Report
    
    7-5_Hydrologist_Report.pdf
    
    9. General Manager’s Report
    
    7-5_GM_Report.pdf
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-07-05 (.pdf 27K)
  - 2011-06-21 Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JUNE 21, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 6/7/11 Regular Meeting
    
    M2011-06-07 Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for April 2011
    
    Apirl 2011 Financials.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    6-21-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Evaluation and design report presented by Bowen, Collins & Associates, Inc. (BCA) on the options and costs regarding reconfiguration of the Bunkerville culinary water system. Possible action may include, but is not limited to, approving an alternative as presented and direction to Bowen, Collins & Associates, Inc. for engineering design services associated with this project under the General Services Contract between BCA and VVWD.
    
    6-21 TM No 1 Bunkerville System Reconfiguration.pdf
    6-21-Well Number 2 Retrofit(11x17).pdf
    
    6. Discussion & Possible Action – Consideration to approve opening a new account at Bank of Nevada for 2011 Bond payments
    
    6-21 Open new bank account for 2011 Bond.pdf
    
    7. Discussion – Update on conservation efforts – William Peterson
    
    6-21 Conservation update.pdf
    
    8. Presentation for Discussion & Possible Action – A presentation by the General Manager. The Board may approve of continuing investigations into support for integrating the proposed secondary water system into an affordable and sustainable renewable energy plan for the community.
    
    9. Hydrologist’s Report
    
    6-21 Hydrologist Report.pdf
    
    10. General Manager’s Report
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-06-21 (.pdf 27K)
  - 2011-06-07 Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JUNE 7, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 5/19/11 Special Meeting
    
    M2011-05-19 Special Meeting Draft.pdf
    
    3. Discussion & Action - Approve Bills Paid
    
    6-7-11 Bills Paid 1.pdf
    
    4. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Dell Marketing - $4,618.64 – Two desktop PC’s
    B. Cordova Construction – Ratify $8,700 – Emergency Repair of 14” Ductile Waterline at Kitty Hawk Drive
    C. Sundance Helicopters - $280.00 – Overage of amount Board approved 5-3-11
    
    6-7 Purchase Orders.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to approve agreement with Robcyn, LLC for Robcyn, LLC to continue to provide consulting services to the District for a term of twelve months.
    
    6-7 Robcyn - Agreement.pdf
    
    6. Discussion & Possible Action – Consideration of the terms and a proposed draft of a standard lease for the District’s leasing of irrigation shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company. Possible action may include adopting the proposed draft lease as the District’s standard lease for its irrigation shares with possible additions or modifications as determined by the District’s board.
    
    6-7 Lease of Irrigation Shares (proposed draft).pdf
    
    7. Discussion & Possible Action – Consideration of amendment, revision, or repeal of Ordinance 5 based on the District’s intention to proceed with traditional leasing of irrigation shares.
    
    8. Discussion & Possible Action – Consideration of lease extension offers from Southern Nevada Water Authority to extend existing leases for a period of three (3) years for water shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company and which are scheduled to expire on September 30, 2011.
    
    6-7 MEMO SNWA Lease Extension Offer.pdf
    6-7-11 SNWA Lease Extension Offers.pdf
    
    9. Discussion & Possible Action – Consideration of direction to legal counsel for the District to take appropriate actions to protect the District’s interests and position with respect to potential criminal forfeiture actions of seized assets and related civil proceedings related to pending felony and gross misdemeanor charges against Michael E. Johnson and Robert Coache.
    
    10. Hydrologist’s Report
    
    6-7 Hydrologist Report.pdf
    
    11. General Manager’s Report
    
    6-7 GM Report.pdf
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-06-07 (.pdf 27K)
  - 2011-05-19: Special Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    SPECIAL MEETING
    THURSDAY, MAY 19, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 5/3/11 Regular Meeting
    
    M2011-05-03 Draft.pdf
    
    3. Discussion & Action – Approve Minutes from 5/5/11 Budget Work Session
    
    M2011-05-05 Budget Work Session Draft.pdf
    
    4. Discussion & Action - Approve Financial Statement for March 2011
    
    FY2011 - FS 2011-03.pdf
    
    5. Discussion & Action - Approve Bills Paid
    
    5-19-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Consideration to approve an increase in the amount of the contract for government and legislative affairs consulting – Requested by Randy Robison with Capitol Strategies.
    
    5-19 Capital Strategies.pdf
    
    7. Discussion & Possible Action – Consideration to approve addendum to agreement to provide consulting services between Robcyn, LLC and the VVWD to extend for twelve months through April, 2012.
    
    5-19 Robcyn Addendum to agreement till 4-12.pdf
    
    8. Discussion & Possible Action – Public Hearing on Tentative Budget and Approval of Final Budget for Fiscal Year Ending June 30, 2012.
    
    Tentative as Filed.pdf
    
    9. Discussion & Possible Action – Consideration to approve a License and Indemnification Agreement with Theron Jensen, as Trustee of the Elisa Biasi 1983 Trust (the “Trust”), to grant the District a revocable license to access certain real property owned by the Trust for purposes of monitoring wells located on such real property and to authorize execution of a conflict waiver to allow the District’s general counsel, Bingham & Snow, LLP, to draft the License and Indemnification Agreement based on Bingham & Snow’s concurrent representation of Theron Jensen as Trustee of the Trust.
    
    5-19-11 05-04-11 License Agreement.pdf
    5-19-11-05-04-11 Conflict Waiver.pdf
    
    10. Discussion & Possible Action – Discussion of options for the leasing of the District’s irrigation water shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company on a traditional per share basis as the District has done in the past. This item may also include a discussion of Ordinance 5 and its interrelationship with the District’s prospective traditional leasing of irrigation shares. Possible action may include but is not limited to establishing the terms and details for the District’s traditional leasing of irrigation shares, the length of time for such leases, a possible fee for locking in a long term lease, the cost per share for leasing the irrigation share, whether leased water may be subleased and if so on what terms, whether there may be other fees associated with the leases, how the irrigation shares will be offered to the public for lease, and all other parameters and details related to the District’s leasing of irrigation water shares.
    
    11. Discussion & Possible Action – Consideration of and possible action to appoint an Assistant General Manager to manage the District in any absence of the General Manager due to medical leave, vacation, or similar temporary absence. Pursuant to the requirement of NRS 241.033, notice is given that this is an item that could involve a discussion of potential candidate’s “character” and “professional competence” as those terms are referenced in the statute.
    
    2000-04 - Resolution to Appt Assistent General Manager.pdf
    
    12. Hydrologist’s Report
    
    5-19 Hydrologist RepORT.pdf
    
    13. General Manager’s Report
    
    14. Public Comment
    
    15. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Special Meeting Agenda: 2011-05-19 (.pdf 28K)
  - 2011-05-05: Budget Work Session Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    BUDGET WORK SESSION
    MAY 5, 2011
    9:00 A.M.
    
    Call to Order
    
    Prayer & Pledge
    
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    1. Discussion & Possible Action – Consideration of issues and information related to the District’s proposed budget for its next fiscal year ending June 30, 2012. Issues to be considered may include, but are not limited to, projects anticipated to be undertaken, continued or completed during the District’s next fiscal year; anticipated revenue required for the District’s next fiscal year, and the sources for such revenue; and the anticipated costs and expenses of the District during its next fiscal year.
    
    2. Public Comment
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Budget Work Session Agenda: 2011-05-05 (.pdf 16K)
  - 2011-05-03: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, MAY 3, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
                        President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 4/19/11 Regular Meeting
    
    M2011-04-19 Draft.pdf
    
    3. Discussion & Action – Approve Minutes from 4/25/11 Special Meeting
    
    M2011-04-25 Special Draft.pdf
    
    4. Discussion & Action - Approve Financial Statement for February 2011
    
    FY2011 - FS 2011-02.pdf
    
    5. Discussion & Action - Approve Bills Paid
    
    5-3-11 Bills Paid 1.pdf
    
    6. Discussion & Action - Approve Purchase Orders Over $2,500
        A. Legacy Construction – Ratify $12,967.50 for the emergency repair of a 14” water main on W. Pioneer Blvd. near Siena Lane
    
    5-3 Ratify Legacy PO.pdf
    
        B. Sundance Helicopters – Estimated between $3,500 - $4,500 – Visit rain gage sites
    
    5-3 Rain Gage Site Visit.pdf
    
    7. Discussion & Action – Approve changing regularly scheduled Board Meeting on May 17th to May 19th in order to be held in conjunction with Public Budget Hearing Scheduled per NRS
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Possible Action – Consideration of and possible action to approve the proposed language for the Ordinance for the metered lease of irrigation water including final terms, parameters, and details
    
    9. Discussion & Possible Action – Consideration of the District’s options for the possible lease or other use of any excess irrigation water that is not used pursuant to a metered lease. Possible action may include, but is not limited to, approving making such water available for lease pursuant to a public auction
    
    5-3 Meter and Lease Parameters.pdf
    
    10. Discussion & Possible Action – Consideration to approve amount of settlement for the current litigation with Southeast Directional Drilling and Longview Construction pursuant to the mediation on April 21, 2011
    
    11. Hydrologist’s Report
    
    5-3 Hydrologist Report.pdf
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-05-03 (.pdf 28K)
  - 2011-04-25: Special Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    SPECIAL MEETING
    MONDAY, APRIL 25, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    ITEM:
    NO.
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Possible Action – Consideration to approve Forsgren Associates, Inc. to complete application with the Bureau of Reclamation (BOR) for Funding Opportunity Announcement No. R11SF80356 on behalf of the VVWD for WaterSMART: System Optimization Review Grants for FY 2011 that must be submitted by April 27, 2011
    
    3. Discussion & Possible Action – Consideration to put contract between Forsgren Associates, Inc. and VVWD dated March 1, 2011 entitled Secondary Feasibility Study on “hold” until application with BOR is either approved or denied
    
    4. Discussion & Possible Action – Consideration to approve an Interim General Manager while District General Manager, Kenneth Rock, is on medical leave
    
    5. Public Comment
    
    6. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Special Meeting Agenda: 2011-04-25 (.pdf 27K)
  - 2011-04-19: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, APRIL 19, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 4/5/11 Regular Meeting
    
    M2011-04-05 Draft.pdf
    
    3. Discussion & Action - Approve Bills Paid
    
    4-19-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion & Action – Consideration to accept proposal from Bulloch Brothers Engineering for engineering services, including, but not limited to, preparation and provision of contract documents and specifications for bidding purposes, related to pressure relief valve assemblies, 24” inline valve and flush line outlet system, such work not to exceed $2,500
    
    4-19 BBE proposal for 24 in_ inline valve.pdf
    
    5. Discussion & Action – Considerations to establish conditions and parameters for metered service of river water from the Mesquite Irrigation Company canal, in addition to the meter charges and water rates previously adopted and approved by Virgin Valley Water District for such service
    
    4-19 Additions to parameters for river water.pdf
    
    6. Discussion – Consideration for optimizing the south side potable water system for reliability and economy – Report from the Hydrologist and General Manager on recent and more extensive general system optimization plans including a further assessment of well #30
    
    4-19 Well No 30 Rehabilitation Evaluation.pdf
    4-19 Well No 30 Cost Analysis.pdf
    
    7. Discussion & Presentation – Presentation from the General Manager and Forsgren Associates on possible additional collaborative values for secondary water reservoirs, integrated with, Virgin Valley development planning considerations for water and electricity
    
    8. Discussion & Action – Consideration to set a date and time for budget workshop meeting(s)
    
    9. Hydrologist’s Report
    
    4-19 Hydrologist Report.pdf
    
    10. General Manager’s Report
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-04-19 (.pdf 27K)
  - 2011-04-05: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, APRIL 5, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 3/10/11 Work Session
    
    M2011-03-10 Work Session Draft.pdf
    
    3. Discussion & Action - Approve Minutes from 3/15/11 Regular Meeting
    
    M2011-03-15 Draft.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    4-5-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to approve service agreement with TraceDetect for technical support contract not to exceed $30,346.50
    
    4-5 TraceDetect Service Agreement.pdf
    
    6. Discussion – Report by Marty Johnson and Ken Rock on the re-sale of the 2001 Bonds
    
    7. Hydrologist’s Report
    
    4-5-Hydro Report.pdf
    
    8. General Manager’s Report
    
    4-5 GM Report .pdf
    
    9. Public Comment
    
    10. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-04-05 (.pdf 27K)
  - 2011-03-15: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, MARCH 15, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 3/1/11 Regular Meeting
    
    M2011-03-01 Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for January 2011
    
    FY2011 - FS 2011-01.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    3-15-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Approval of an ordinance of the Virgin Valley Water District providing for the issuance of its registered, negotiable, General Obligation (Limited Tax) Water Refunding Bonds Series 2011; and other related matters.
    
    BONDORD2011 v3.pdf
    
    6. Discussion & Possible Action – Consideration to approve on-call technical support services contract for the groundwater treatment plants with Issam Najm, Ph.D., P.E. of Water Quality & Treatment Solutions, Inc. not to exceed $10,000.
    
    3-15 Contract with Issam for Treatment Plants.pdf
    
    7. Discussion & Possible Action – Consideration to approve construction of a dedicated pump station at Well #2 and a new discharge pipeline to eliminate the existing pipeline, booster pump station and old concrete reservoir in Bunkerville at an estimated cost of $90,000.
    
    3-15-11 Bunkerville Tank Option.pdf
    
    8. Discussion & Possible Action – Consideration to withdraw offer for purchase or establish a new purchase offer for property at 33 E. Riverside Road based on the appraised value of the property and the District’s value of that property.
    
    3-15-11 Purchase of 33 E Riverside Road.pdf
    
    9. Discussion & Possible Action – Consideration of matters relating to the City of Mesquite’s annexation of properties in Lincoln County and sources of water for those properties. Consideration of Board ratification of the General Manager’s February 15, 2011 statement to the Board regarding the District’s water service area and assistance related to legislative amendments.
    
    3-15-11 Legislative Support.pdf
    2-15-11 VVWD Annexation Announcement.pdf
    
    10. General Manager’s Report
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-03-15 (.pdf 27K)
  - 2011-03-10: Work Session Agenda
    
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    THURSDAY, MARCH 10, 2011
    9:00 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    ITEM #:
    
    1. Discussion & Possible Action – Review of District’s Administrative Policy, Rules and Procedures Manual with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Administrative Policy, Rules and Procedures Manual.
    
    Administrative Policy
    
    2. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
    
    Work Session Agenda: 2011-03-10 (.pdf 375 KB)
  - 2011-03-01: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    REGULAR MEETING
    5:00 P.M., MARCH 1, 2011
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 2/9/11 Special AM Meeting
    
    M2011-02-09 AM Draft.pdf
    
    3. Discussion & Action – Approve Minutes from 2/9/11 Special PM Meeting
    
    M20011-02-09 PM Draft.pdf
    
    4. Discussion & Action – Approve Minutes from 2/15/11 Regular Meeting
    
    M2011-02-15 Draft.pdf
    
    5. Discussion & Action - Approve Financial Statement for December 2010
    
    FY2011 - FS 2010-12.pdf
    
    6. Discussion & Action - Approve Bills Paid
    
    3-1-11 Bills Paid 1.pdf
    
    7. Discussion & Action - Approve Purchase Orders Over $2,500
    A. CDW Government - $21,702.00 – Replace existing tape library, firewall and network switch gear
    
    CDW PO over 2500.pdf
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Possible Action – Presentation from David Waite on submitted RFP’s for an auditing firm to conduct District’s annual audit for fiscal year ending June 30, 2011. Possible action by Board may include consideration to approve firm to conduct annual audit or consideration to take action at next meeting if more time is desired.
    
    9. Discussion & Possible Action – Consideration to approve purchase of a 4.47 acre parcel in Bunkerville owned by Coal Creek Co., LLC that has a VVWD pump station and a 250,000 gallon concrete reservoir on it.
    
    3-1-11 Counter offer on property in BV.pdf
    
    10. Discussion & Possible Action – Consideration to approve Task Order 11-2 with Bowen, Collins & Associates to make groundwater hydrologic sustainability opinions for Basin 222 and other basins that may influence it, particularly Basins 204 and 221. The not-to-exceed budget is $10,000 unless further authorized.
    
    BCA-Task Order 2.pdf
    
    11. Discussion & Possible Action – Annual review and consideration to change District’s parameters of leasing water shares.
    
    3-1 Lease parameters.pdf
    
    12. Discussion & Possible Action – Consideration to set a monthly meter charge and water rate for the sale of river water to golf courses from the Mesquite Irrigation Company canal.
    
    3-1-11 Proposed River Water Rates (2).pdf
    
    13. Discussion & Possible Action – Consideration to appoint General Manager Ken Rock as proxy to vote on behalf of District’s interests at upcoming irrigation companies’ annual meetings.
    
    3-1-11 Irrigation Company Proxy Vote.pdf
    
    14. Discussion – Information on VVWD Conservation Plan and Conservation Practitioner – Submitted by William “Pete” Peterson
    
    3-1 Status of conservation Plan.pdf
    
    15. Announcement – Possible announcement of legal action taken by VVWD on behalf of its rate-payers.
    
    16. Hydrologist’s Report
    
    3-1 Hydrologist's Report.pdf
    
    17. General Manager’s Report
    
    3-1 GM Report.pdf
    
    18. Public Comment
    
    19. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-03-01 (.pdf 24K)
  - 2011-02-15: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, FEBRUARY 15, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 2/1/11 Regular Meeting
    
    M2011-02-01 Draft.pdf
    
    3. Discussion & Action - Approve Bills Paid
    
    2-15-11 Bills Paid 1.pdf
    
    4. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Novell - $6,268.75 – Network, file and print services from 7/1/06-6/30/11
    
    2-15 Novell over 2500.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to approve contract with Bowen, Collins & Associates for professional services as reviewed and modified by District’s Legal Counsel as directed by the Board at the January 4, 2011 Regular Board Meeting
    
    02-09-11 General Services Contract (clean).pdf
    
    6. Discussion & Possible Action – Completion of evaluations of the presentations by consultants for the Secondary Water System Feasibility Study and consideration to make a selection and direct the General Manager to initiate a contract agreement with firm selected.
    
    7. Discussion – Receive letters and hear the opinions of Kenneth Cappos on the subject of a recreational reservoir in Mesquite
    
    2-15 Cappos Reservoir Opinion_docx.pdf
    
    8. Discussion & Possible Action – Consideration to approve District’s Operating Rules & Regulations as revised and amended
    
    2-15 Rules and Regs. Draft for Bd_ Mtg_.pdf
    
    9. Discussion & Possible Action - Performance evaluation of, Kenneth Rock, General Manager. Possible action may include, but is not limited to, termination, suspension, demotion, reduction in pay, reprimand, promotion, endorsement, engagement, retention, salary increase, or ‘no action’. (The Board of Directors may consider character, alleged misconduct, professional competence, physical or mental health pursuant to NRS 241.031.)
    
    10. Discussion & Possible Action – Consideration of matters relating to the City of Mesquite’s annexation of properties in Lincoln County and sources of water for those properties. Consideration of a possible legislative amendment to the District’s enabling statute setting forth an increase of the District’s authorized service area.
    
    11. General Manager’s Report
    
    2-15 GM Report.pdf
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-02-15 (.pdf 28K)
  - 2011-02-09: Special Joint Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    SPECIAL JOINT MEETING WITH
    MESQUITE CITY COUNCIL AND
    SECONDARY WATER STAKEHOLDERS
    WEDNESDAY, FEBRUARY 9, 2011 - 3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    ITEM:
    NO.
    
    1. Discussion & Action: Approve Agenda
    
    2. VVWD – Discussion: If the Board’s selection has been made, reveal the name of the consulting team that will be hired for the secondary system study.
    
    3. Golf Courses – Discussion: Hear opinions and possible proposals on addressing various short and long term non-potable water supply concerns.
    
    4. Developers – Discussion: Hear opinions and possible proposals related to non-potable water, if desired.
    
    5. City of Mesquite – Discussion: Hear any updates or announcements the City may wish to present regarding non-potable water.
    
    6. VVWD – Discussion and Possible Action: Propose the metering of some non-potable water users such as golf courses, establishing them as regular VVWD customers, with service limitations related to MIC operations.
    
    7. VVWD – Discussion and Possible Action: Suggest river water rates at the MIC canal in terms of $/1000 gallons, including a comparison to current leased river and potable water costs.
    
    8. All Stake Holders – Discussion & Possible Direction - Establish commitments or action items as appropriate.
    
    9. Discussion and Possible Action – Establish the next meeting date. A suggestion is Wednesday, June 8, 2011 - after the secondary system study is completed by VVWD’s consultant.
    
    10. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Special Joint Meeting Agenda: 2011-02-09 (.pdf 20K)
  - 2011-02-09: Special Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    SPECIAL MEETING
    WEDNESDAY
    FEBRUARY 9, 2011
    7:30 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    
    ITEM:
    NO.
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion – Presentations from four consulting firms for proposals on completing the Secondary Water Feasibility Study, with presentations scheduled for 7:30 a.m., 8:20 a.m., 9:10 a.m. and 10:00 a.m.
    
    3. Discussion & Possible Action – Consideration to approve a consulting group for the Secondary Water Feasibility Study with contract to follow. If the evaluations require more time than the Board has available, further discussion and action can be agendized for the regular Board meeting on February 15, 2011
    
    4. Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    5. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Special Meeting Agenda: 2011-02-09 (.pdf 18K)
  - 2011-02-01: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, FEBRUARY 1, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 1/18/11 Work Session Meeting
    
    3. Discussion & Action – Approve Minutes from 1/18/11Regular Meeting
    
    4. Discussion & Action – Approve Minutes from January 20, 2011 Work Session Meeting
    
    5. Discussion & Action - Approve Financial Statement for November 2010
    
    6. Discussion & Action - Approve Bills Paid
    
    7. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Alford, Inc. - $2,600.00 – Clean out cracks and crack seal patches
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Action – Ratify approval of contracts secured by the Hydrologist and signed by the General Manager after receiving competitive bids for the emergency rehabilitation of Well #31
    
    9. Discussion & Possible Action – Consideration to continue the existing accounting services of Draper & Gleave, LLC, with or without adding to their scope of services
    
    10. Discussion & Possible Action – Consideration of approval of a Senior Accountant as a regular VVWD employee. The Board may decide to hire at ½ time or full time depending on perceived needs, cost and value
    
    11. Discussion & Possible Action – If the recruitment of a new accountant has been approved, consideration to request a continuance of the accounting services of Draper & Gleave, LLC for approximately three months after the new VVWD accountant is hired or until those services are no longer required for transition or backup
    
    12. Discussion & Possible Action – Authorize the General Manager to further research and propose possible means to enact secondary water service similar to that for regular culinary water service
    
    13. General Manager’s Report
    
    14. Hydrologist’s Report
    
    15. Public Comment
    
    16. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-02-01 (.pdf 28K)
  - 2011-01-20: Work Session Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    THURSDAY, JANUARY 20, 2011
    9:00 A.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    ITEM #:
    
    1. Discussion & Possible Action – Review of District’s Operating Rules, Regulations & Rates with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Operating Rules, Regulations & Rates.
    
    2. Discussion & Possible Action – Review of District’s Administrative Policy, Rules and Procedures Manual with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Administrative Policy, Rules and Procedures Manual.
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Work Session Meeting Agenda: 2011-01-20 (.pdf 22K)
  - 2011-01-18: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    WORK SESSION
    3:00 P.M., JANUARY 18, 2011
    
    Discussion – Work Session with David Stratton Waite with Draper & Gleave, LLC for review, modifications and/or changes to accounting functions and procedures at Virgin Valley Water District (VVWD)
    
    1-18-11 Accounting Work Session Agenda.pdf
    
    REGULAR MEETING
    5:00 P.M., JANUARY 18, 2011
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 1/4/11 Regular Meeting
    
    M2011-01-04 Draft.pdf
    
    3. Discussion & Action – Approve Financial Statement for October 2010
    
    FY2011 - FS 2010-10.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    1-18-11 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to continue the existing accounting services of Draper & Gleave, LLC, with or without adding to their scope of services
    
    6. Discussion & Possible Action – Consideration of approval of a Senior Accountant as a regular VVWD employee. The Board may decide to hire at ½ time or full time depending on perceived needs, cost and value.
    
    7. Discussion & Possible Action – If the recruitment of a new accountant has been approved, consideration to request a continuance of the accounting services of Draper & Gleave, LLC for approximately three months after the new VVWD accountant is hired or until those services are no longer required for transition or backup.
    
    8. Discussion & Possible Action – Consideration to develop a request for proposals for auditing services, either for this fiscal year or to begin next fiscal year
    
    9. Discussion & Possible Action – A brief update on District Emergency Response Plan, the Water Conservation Plan, and others with opportunities for action related to updating and implementing them
    
    1-18 Update on VVWD Emergency and Conservation Plans.pdf
    
    10. General Manager’s Report
    
    1-18-11 GM Report.pdf
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-01-18 (.pdf 22K)
  - 2011-01-04: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JANUARY 4, 2011
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    1. Oath of Office to Re-Elected and newly elected Board members Ted Miller, Kenyon Leavitt and Sandra Ramaker
    2. Election of Officers
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 12/21/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion & Possible Action – Public Hearing on the intent of the Governing Board of the VVWD to issue general obligation revenue supported refunding bonds
    
    5. Discussion & Possible Action – Consideration to approve open agreement for professional services as needed with Bowen, Collins & Associates
    
    6. Discussion & Possible Action – Consideration to revise contractual relationship with Wind River Resources, LLC/aka Canyon Creek Resources, LLC
    
    7. Discussion – Presentation on the diversion of water on the Virgin River – Presentation by Ken Rock & Aaron Bunker
    
    8. Discussion & Possible Action – Approval requested for up to $5,000.00 for helicopter service to access and read all mountain top rain gauges and to fly over the Virgin River to photographically record the percent of tamarisk removed by the December 2010 flooding
    
    9. General Manager’s Report
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2011-01-04 (.pdf 21K)
- 2010
  - 2010-12-21: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 21, 2010
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 12/7/10 Regular Meeting
    
    M2010-12-07 Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for September 2010
    
    FY2011 - FS 2010-09.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    12-21-10 Bills Paid 1.pdf
    
    5. Discussion & Action - Approve to Write Off Delinquent Accounts
    
    Write off delinquent account.pdf
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion – Presentation to VVWD Board by Canyon Creek Development on their latest developments toward groundwater production from the Mormon Wells, Arizona area - Requested by Canyon Creek Development
    
    7. Discussion & Possible Action – Consideration to amend and/or modify District’s parameters established for the leasing of irrigation water shares owned by the District
    
    12-21 Leasing Parameters.pdf
    
    8. Discussion & Possible Action – Consideration to allow for the one-time lease of 87 shares of MIC water that is currently surplus to local or outside bidders
    
    12-21 Lease 87 MIC shares outside VV.pdf
    
    9. Discussion & Possible Action – Consideration to request for proposals to create a Geographic Information System (GIS) data base for the District’s below-ground resources. No costs other than administrative would be incurred without Board review and approval
    
    12-21 RPF for GIS data base.pdf
    
    10. General Manager’s Report
    
    GM Report 12-21-10.pdf
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2010-12-21 (.pdf 44K)
  - 2010-12-07: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 7, 2010
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    
    • Prayer & Pledge
    
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 11/16/10 Regular Meeting
    
    M2010-11-16 Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for August 2010
    
    FS 2010-08.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    12-7-10 Bills Paid 1.pdf
    
    5. Discussion & Action - Approve Purchase Orders Over $2,500
    A. USA Bluebook - $3,300 – Handrail for Shop
    
    USA Bluebook PO.pdf
    
    B. Subsurface Technologies - $50,745.00 – Aqua Gard Treatment of wells #31 & 33
    
    Subsurface Technologies PO.pdf
    Aqua Gard 2010.pdf
    Well 33 Biofouling Failure.pdf
    
    6. Discussion & Action – Approve moving the proposed workshop for review, revision and modifications to the District’s Operating Rules, Regulations & Rates and Administrative Policy, Rules & Procedures manual from January 18, 2011 at 3:00 p.m. to January 20, 2011 at 9:00 a.m. The workshop may require several hours. If so, lunch will be provided to Board members
    
    12-7 Moving workshop for policies.pdf
    
    7. Discussion & Action – Approve moving the proposed workshop on February 1, 2011 at 4:00 p.m. with Draper & Gleave, LLC to compile a list of accounting tasks desired by the District to January 18, 2011 at 4:00 p.m.
    
    12-7 Moving workshop with Draper and Gleave.pdf
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Possible Action – Consideration to commit $30,000 to the sole financing of the initial reconnaissance level study for long-term secondary water utilization in the Virgin Valley, or propose a cost-sharing method
    
    12-7 Financing initial reconnaissance level study.pdf
    
    9. Discussion & Possible Action – Consideration for approval for the General Manager to issue a request for proposals (RFP) for the development of a reconnaissance level study for long-term secondary water utilization in the Virgin Valley. The tentative proposals presentation date would be February 9, 2011
    
    12-7 RFP for development of a reconnaissance level study.pdf
    
    10. Discussion & Possible Action – Consideration of formal support of an Executive Committee to lead in the resolution of short and long-term solutions for secondary water uses in the Virgin Valley. If approved, the Board may appoint its first representative and make other recommendations
    
    12-7 Executive Committee for secondary water uses.pdf
    
    11. Discussion & Possible Action – Consideration to lift on a case-by-case basis, with Board approval, the VVWD prohibition for the lease of surface water shares for water used outside the Virgin Valley
    
    12-7 Lease irrigation shares outside Virgin Valley.pdf
    
    12. Discussion & Possible Action – Approval of a Resolution of Intent for refinancing the 2001 VVWD General Obligation (limited tax) Water Refunding Bonds (additionally secured by pledged revenues) in the maximum principal amount of $4,100,000
    
    2010-05 INTENT RES 2010.pdf
    
    13. General Manager’s Report
    
    12-7-10 GM Report.pdf
    
    14. Hydrologist’s Report
    
    12-7 VVWD Hydrologist's Task List.pdf
    
    15. Public Comment
    
    16. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2010-12-07 (.pdf 28K)
  - 2010-11-16: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    REGULAR MEETING
    TUESDAY, NOVEMBER 16, 2010
    5:00 P.M.
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 11/2/10 Regular Meeting
    
    M2010-11-02 Draft.pdf
    
    3. Discussion & Action - Approve Financial Statement for July 2010
    
    FS 2010-07 Budgetary Basis.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    11-16-10 Bills Paid 1.pdf
    
    5. Discussion & Action – Ratify Approval of Purchase Orders Over $2,500 for Arsenic to be reimbursed 75% by ACOE
    
    a. Tradewest Construction - $92,353.68 – Arsenic/prepare and pave road from Highway to Plant 29
    
    b. Alford, Inc. - $220,239.36 – Arsenic/Re-grade and install asphalt on access road to Plant #32
    
    c. Legacy Construction - $8,190.00 – Arsenic/Plant #29 grade and place 3” type II on 12,600 SF inside gate
    
    d. Legacy Construction - $17,962.56 – Arsenic/Plant #32 sub-grade and place 3” type II around tanks
    
    e. Legacy Construction - $10,260.00 – Arsenic/Plant #32 sub-grade and place 3” type II between buildings and tanks
    
    f. AUMA Actuators, Inc. - $9,890.00 – Arsenic/Treatment plant materials
    
    g. Hach, Inc. - $20,139.04 – Arsenic/Treatment plant materials
    
    h. Mid-West Associates, LLC - $44,038.20 – Arsenic/Treatment plant materials
    
    i. Tiberti Fence Co. - $3,760.00 – Arsenic/Replace gate motor at Plant #32
    
    11-16 Ratify Arsenic POs.pdf
    
    6. Discussion & Action – Approval of a proposed workshop on January 18, 2011 at 3:00 p.m. for review, revisions and modifications to District’s Operating Rules, Regulations & Rates and Administrative Policy, Rules & Procedures Manual
    
    7. Discussion & Action – Approval of a proposed workshop on February 1, 2011 at 4:00 p.m. with Draper & Gleave, LLC to compile a list of accounting tasks desired by the District
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Action – Approval of Purchase Orders over $2,500 for 18” emergency line repair
    
    a. Tradewest Construction - $35,000 plus time & materials for extra work - Ratify Approval of 18” Emergency Line Repair
    
    b. Pride Contractors and Legacy Construction – Approval in principle of invoices for damage repair due to flooding from line break
    
    11-16 Emergency 18in line repair.pdf
    
    9. Discussion & Possible Action – Consideration of a potential change to District’s Operating Rules, Regulations & Rates policy to allow for the transfer of a meter from one property to another
    
    11-16 Change policy to transfer meters verbiage.pdf
    
    10. Discussion & Possible Action – Consideration to approve request by Advanced Construction to transfer impact and connection fees from Calais lots 1083 Falcon Nest and 1035 Raptor Circle to other locations to be specified
    
    11. Discussion & Possible Action – Consideration to approve proposal from Bulloch Brothers Engineering for design services requested by the District for improvements to help protect the distribution system from destructive high pressure surges and to add a valve to better isolate sections of the piping for maintenance and repair and to correct a drainage erosion problem for a total proposed fee of $19,500.00– Presentation by VVWD General Manager and Bulloch Brothers Engineering
    
    11-16 BBE proposal for system improvements.pdf
    
    12. Discussion & Possible Action – Review of the Draft Rate Study dated October 2010 as prepared by Bowen, Collins & Associates and consideration to approve as final –Presentation by Bowen, Collins & Associates
    
    11-16 draft rate study_doc.pdf
    
    13. Discussion & Possible Action – Consideration to advertise for “Request For Proposals” for auditor to audit fiscal year ending June 30, 2011 – Presentation by Draper & Gleave, LLC
    
    14. Discussion & Possible Action – Consideration to advertise for auction the lease of 35 shares of Bunkerville Irrigation water whose lease expires on 1/1/2011; and 86 shares of Mesquite Irrigation water that are currently available
    
    11-16 auction shares.pdf
    
    15. Discussion & Possible Action – Consideration to approve revisions to emergency and one-time purchase authorizations for the General Manager currently under Resolution 2002-1and consideration to either incorporate into Administrative Policy, Rules & Procedures Manual or to adopt as a Resolution
    
    11-16 Revise GM Purchasing.pdf
    
    16. General Manager’s Report
    
    GM Report 11-10-10 (2).pdf
    
    17. Public Comment
    
    18. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2010-11-16 (.pdf 31K)
  - 2010-11-10: Agenda for possible quorum
    NOTICE
    
    The
    Virgin Valley Water District
    Board of Directors
    Will be attending a
    Meeting with Mesquite City Council Members and representatives from local golf courses for a forum on Joint Water Resources
    
    NOVEMBER 10, 2010 at 3:00 P.M.
    
    LOCATION:
    
    Fire Station #3
    3 John Deere Drive
    Mesquite, Nevada 89027
    
    A QUORUM MAY OR MAY NOT BE PRESENT
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Agenda: 2010-11-10 (.pdf 17K)
  - 2010-11-02: Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, NOVEMBER 2, 2010
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 10-19-10 Work Session
    
    zdi5.zd-cms.com/cms/res/files/522/M2010-10-19 Work Session Draft.pdf
    
    3. Discussion & Action - Approve Minutes from 10-19-10 Regular Meeting
    
    zdi5.zd-cms.com/cms/res/files/522/M2010-10-19 Draft.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    zdi5.zd-cms.com/cms/res/files/522/11-2-10 Bills Paid 1.pdf
    
    5. Discussion & Action - Approve employees’ Thanksgiving gift certificates & Christmas bonuses as budgeted
    
    zdi5.zd-cms.com/cms/res/files/522/11-2 Gift Certs and bonus.doc
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Discussion & Possible Action – Consideration to approve annual audit for Fiscal Year Ending June 30, 2010 as presented by Hinton, Burdick, and tabled at October 5, 2010 meeting
    
    zdi5.zd-cms.com/cms/res/files/522/Final Financial Statement FYE 6-30-10.pdf
    
    7. Discussion & Possible Action - Consideration to appoint District Hydrologist Aaron Bunker, as “Alternate Member” to the Sewage and Wastewater Advisory Committee (SWAC)
    
    zdi5.zd-cms.com/cms/res/files/522/11-2 Aaron as SWAC alternate member.pdf
    
    8. Discussion – Review of tasks initiated since August 20, 2010
    
    zdi5.zd-cms.com/cms/res/files/522/11-2-10 Projects List.pdf
    
    9. Discussion – Review of potential Bureau of Reclamation (BOR) grant assisted projects
    
    zdi5.zd-cms.com/cms/res/files/522/11-2 VVWD and BOR Possible Projects List.pdf
    
    10. Discussion – Review of current project backlog list
    
    zdi5.zd-cms.com/cms/res/files/522/11-2 VVWD Possible Projects Backlog (2).pdf
    
    11. Discussion & Possible Action – Review and consideration to approve staffing organizational adjustments
    
    zdi5.zd-cms.com/cms/res/files/522/11-2 Staffing Organizational adjustments.pdf
    
    12. General Manager’s Report
    
    zdi5.zd-cms.com/cms/res/files/522/GM Report 11-2-10.pdf
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Regular Meeting Agenda: 2010-11-02 (.pdf 27K)
  - 2010-10-19: Work Session & Regular Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    WORK SESSION
    3:00 P.M., OCTOBER 19, 2010
    
    Discussion – Issues and information regarding the water resources of the VVWD
    
    zdi5.zd-cms.com/cms/res/files/522/10-19-10 Water Resources Workshop No_2.pdf
    
    REGULAR MEETING
    5:00 P.M., OCTOBER 19, 2010
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 9-29-10 Work Session Meeting
    
    zdi5.zd-cms.com/cms/res/files/522/M2010-09-29 Work Session Draft.pdf
    
    3. Discussion & Action – Approve Minutes from 10-5-10 Regular Meeting
    
    zdi5.zd-cms.com/cms/res/files/522/M2010-10-05 Board Meeting Draft.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    zdi5.zd-cms.com/cms/res/files/522/10-19-10 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to approve request by Advanced Construction with transferring impact and connection fees from Calais lots 1083 Falcon Nest and 1035 Raptor Circle to 1199 and 1190 Cold Creek Bend
    
    zdi5.zd-cms.com/cms/res/files/522/10-19-10 Advanced Construction Request to move meters.pdf
    
    6. Discussion & Possible Action – Consideration to approve a type, size and quantity of piping for future use under the new Exit 120 interchange
    
    7. Discussion – A discussion of potential grant supported projects in lieu of the under-river horizontal collector wells
    
    8. General Manager’s Report
    
    zdi5.zd-cms.com/cms/res/files/522/GM Report 10-19-10.pdf
    
    9. Public Comment
    
    10. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Work Session & Regular Meeting Agenda: 2010-10-19 (.pdf 20K)
  - 2010-10-05: Board Meeting Agenda
    AGENDA
    
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    
    TUESDAY, OCTOBER 5, 2010
    
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    
    500 RIVERSIDE ROAD
    
    MESQUITE, NEVADA
    
    Call to Order
    
    Prayer & Pledge
    
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized).   Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    
                                       President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1.                   Discussion & Action - Approve Agenda
    
    2.                   Discussion & Action - Approve Minutes from 9-21-10 Regular Meeting
    
    3.                   Discussion & Action - Approve Bills Paid
    
    4.                   Discussion & Action - Approve Purchase Orders Over $2,500
    
    A.      Tradewest Construction - $21,050.00 – Road repair and remove old vault and replace line on Summit Cr.
    
    ** END OF CONSENT AGENDA**
    
    5.                   Discussion & Possible Action - Presentation of Annual Audit for Fiscal Year Ending June 30, 2010 by Hinton, Burdick
    
    6.                   Discussion & Possible Action – Approve and adopt Mission Statement for the VVWD
    
    7.                   Discussion & Possible Action – Transfer $116,000 per month from the District’s “rainy day fund” to the bond reserve fund until the necessary reserves or $2.0 million is met; whichever comes first. The amount for necessary reserves will be established by Martin Johnson, and depend on the type and amount of outstanding bond debt
    
    8.                   Discussion & Possible Action – Consideration and possible approval of a resolution for refinancing of the 2001 Bond obligation of the Virgin Valley Water District. The Virgin Valley Water District would notify the Clark County Debt Management Commission of a proposal to issue General Obligation (Limited Tax) water refunding bonds (additionally secured by pledged revenues).
    
    9.                   Informational Item – 2008 Bond Defeasance Tentative Project Schedule and report by Marty Johnson
    
    10.                Public Comment
    
    11.                Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    
    VIRGIN VALLEY WATER DISTRICT
    500 Riverside Road
    Mesquite, NV
    
    AMERICA FIRST CREDIT UNION
    590 W Mesquite Blvd
    Mesquite, NV
    
    BUNKERVILLE U.S. POST OFFICE
    170 Main Street
    Bunkerville, NV
    
    MESQUITE CITY HALL
    10 E Mesquite Blvd
    Mesquite NV 89024
    
    U.S. POST OFFICE
    510 W Mesquite Blvd
    Mesquite, NV
    
    WEBSITE: vvh2o.com
  - 2010-09-29: Work Session Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    WEDNESDAY, SEPTEMBER 29, 2010
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration
    
    ITEM #:
    
    1. Discussion – Development of a Mission Statement for the District; no action will be taken. Any adoption of said Mission Statement would occur at the next regularly scheduled meeting
    
    zdi5.zd-cms.com/cms/res/files/522/8-17Mission Statement drafts.pdf
    
    2. Discussion – The General Manager will present numerous potential projects involving water resources. The board will be invited to add to this list. The Board will then discuss, evaluate, modify and prioritize these potential projects for maximum service value to the community. No action will be taken at this meeting.
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Work Session Agenda: 2010-09-29 (.pdf 17K)
  - 2010-09-21: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    REGULAR MEETING
    TUESDAY, SEPTEMBER 21, 2010, 5:00 P.M.
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD, MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 8/30/10 Work Session
    
    Board Meeting Minutes: 2010-08-30 Work Session Draft (.pdf 66K)
    
    3. Discussion & Action - Approve Minutes from 9/7/10 Regular Meeting
    
    zdi5.zd-cms.com/cms/res/files/522/M2010-09-07 Draft.pdf
    
    4. Discussion & Action - Approve Bills Paid
    
    zdi5.zd-cms.com/cms/res/files/522/9-21-10 Bills Paid 1.pdf
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration of a resolution authorizing the legal defeasance to pay principal and interest on the 2008 Bonds in the amount to legally defease of approximately $11 million of the 2008 Bond with proceeds of the 2008 Bonds to pay off principal and interest on the bond and thereby to increase the District’s debt service coverage ratio by reducing the amount of outstanding bonds
    
    zdi5.zd-cms.com/cms/res/files/522/9-21 defeasance escrow resolution.pdf
    
    6. Discussion & Possible Action – Consideration to begin steps to call in the 2001 Bonds for redemption and refinance at a lower interest rate to increase the District’s debt service coverage and save approximately $250,000 in interest
    
    7. Discussion & Possible Action – Consideration to approve professional services by Martin Johnson with JNA Consulting Group, LLC for the refunding of the 2001Bonds and defeasance of the 2008 Bonds
    
    zdi5.zd-cms.com/cms/res/files/522/9-21 Letter-fee refunding defeasance.pdf
    
    8. Discussion & Possible Action – Presentation by Bowen, Collins & Associates, Inc. and the District’s General Manager of the functional and economical evaluation of Well #30, and possible action on its continued operation and maintenance
    
    9. Discussion – Public presentation by District’s General Manager on the District’s budget and financial concerns leading to a recommended rate increase of approximately 36%
    
    10. Discussion – Public Hearing on District’s anticipated rate increase
    
    11. Discussion & Possible Action – Consideration of a potential 36% rate increase, including but not limited to, amount of increase, effective date of increase and number of steps to implement potential rate increase
    
    12. Discussion & Possible Action – Presentation by the General Manager on values and approximate costs of water transmission lines as part of the exit 120 interchange construction. The Board may reject, approve, or modify the General Manager’s recommendations, or ask for additional work before making a decision
    
    13. Discussion & Possible Action – Consideration to adopt Resolution 2010-03 to change the time of regular board meetings to begin at 5:00 p.m.in lieu of 3:00 p.m.
    
    zdi5.zd-cms.com/cms/res/files/522/2010-03 Meeting time to 5.pdf
    
    14. General Manager’s Report
    
    zdi5.zd-cms.com/cms/res/files/522/GMR2010-09-21.pdf
    
    15. Public Comment
    
    16. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-09-21 (.pdf 21K)
  - 2010-09-07: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, SEPTEMBER 7, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    • Call to Order
    • Prayer & Pledge
    • Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    • Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 8/17/10 Regular Meeting
    
    Board Meeting Minutes: 2010-08-17 (.pdf 39K)
    
    3. Discussion & Action – Approve Michael Johnson Evaluation Closed Session Minutes from 8/17/10
    
    4. Discussion & Action - Approve Bills Paid
    
    Bills paid 8-12-26, 2010 (.pdf 68K)
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to approve Assignment and Assumption of Lease with SNWA for the Mesquite Irrigation Company share purchased from Staci Frei
    
    Back-up: Assignment and Assumption of Lease (.pdf 776K)
    
    6. Discussion & Possible Action – Consideration to approve William Peterson to become certified as a “Conservation Practitioner” along with any costs associated to obtain certification
    
    Back-up "Conservation Practitioner"(.pdf 79K)
    
    7. Discussion & Possible Action – Consideration to approve additional SCADA programming services with Bowen Collins & Associates, Inc. not to exceed $42,000.00
    
    Back-up SCADA Programming services (.pdf 764K)
    
    8. Discussion & Possible Action – Presentation from Bowen Collins & Associates, Inc. and Marty Johnson with JNA Consulting Group for alternatives on 2008 bond legal defeasance and proposed alternative rate schedules
    
    9. General Manager’s Report
    
    General Manager Report: 2010-09-07 (.pdf 19K)
    
    10. Discussion & Possible Action – Board approval sought to set up a special workshop for preliminary evaluations of overall water resource options, proposed date is 9/29/10
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-09-07 (.pdf 19K)
  - 2010-08-30: Work Session Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    MONDAY, AUGUST 30, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    ITEM:
    
    1. Discussion & Possible Action – A workshop to receive a presentation from the General Manager with contributions from consultants; the workshop will overview all major budget issues and endeavors to set goals and actions to balance future budgets consistent with Board priorities
    
    2. Public Comment
    
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    3. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-08-30 (.pdf 12K)
  - 2010-08-17: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 17, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 8/3/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion – Presentation summarizing the liquid and physical assets of the VVWD – Presented by Ken Rock
    
    5. Discussion & Possible Action – Consideration to approve a Mission Statement for the VVWD
    
    6. Discussion & Possible Action – Consideration of the litigation brought by the District against Vanguard Piping et al. and consideration and possible action to retain the law firm of Panish, Shea, & Boyle to represent the District in that litigation on a contingency fee basis
    
    7. Hydrologist’s report
    
    8. General Manager’s report
    
    9. Discussion & Possible Action - Performance evaluation of Michael Johnson, Chief Hydrologist. Possible action may include, but is not limited to, termination, suspension, demotion, reduction in pay, reprimand, promotion, endorsement, engagement, retention, salary increase, or ‘No Action’. (Closed session may be held to consider character, alleged misconduct, professional competence, physical or mental health pursuant to NRS 241.030.)
    
    10. Public comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-08-17 (.pdf 15K)
  - 2010-08-03: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 3, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 7/20/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    4. Discussion & Action - Approve to Write Off Delinquent Account(s)
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to appoint the General Manager of the VVWD, Kenneth Rock, as “Member” to the Sewage and Wastewater Advisory Committee (SWAC) and District Hydrologist, Michael Johnson, as “Alternate Member” to SWAC
    
    6. Discussion & Possible Action – Further discussion of the Proposed Ordinance IV of the District Policies Proposed by the VVWD Board of Directors on August 5, 2008 in relation to the Virgin River Habitat Conservation and Recovery Plan (VRHCRP) and Amendment of Incidental Take Permit amount from $550 per EDU to $275 per EDU
    
    7. Discussion & Possible Action – Consideration to authorize and schedule auction of remaining 88 Mesquite irrigation shares and 2 Bunkerville irrigation shares
    
    8. Hydrologist’s Report
    
    9. General Manager’s Report
    
    10. Discussion & Possible Action – Discuss prioritization of projects before the VVWD as proposed by the General Manager
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-08-03 (.pdf 17K)
  - 2010-07-20: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JULY 20, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 7/6/10 Regular Meeting
    
    3. Discussion & Action - Approve Financial Statement for May 2010
    
    4. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Discuss the status of the transaction with Virgin River 140, LLC (“VR 140”) and the existing agreement for the Virgin Valley Water District (VVWD) to purchase 5 acres from VR 140. Possible action could include amending the agreement due to Clark County declining to approve dividing out the subject 5 acres that was to be purchased by VVWD
    
    6. Discussion & Possible Action – Consideration to Purchase Ten (10) Shares of Water Certificate Numbers 236 and A-173 from Janice Draskovich
    
    7. Discussion & Possible Action – Consideration to Approve Professional Service Agreement with TerraSpectra Geomatics for Geographic Information Services Not to Exceed the Amount of $15,000
    
    8. Interim General Manager’s Report
    
    9. Hydrologist’s Report
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-07-20 (.pdf 14K)
  - 2010-07-06: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JULY 6, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 6/15/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    4. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Dell Computers - $4,572.14 – Two Computer Systems
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Discuss the status of the transaction with Virgin River 140, LLC (“VR 140”) and the existing agreement for the Virgin Valley Water District (VVWD) to purchase 5 acres from VR 140. Possible action could include amending the agreement due to Clark County declining to approve dividing out the subject 5 acres that was to be purchased by VVWD
    
    6. Discussion & Possible Action – Consideration to Approve Donation to VVHS & HMS Spirit Team
    
    7. Interim General Manager’s Report
    
    8. Hydrologist’s Report
    
    9. Public Comment
    
    10. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-07-06 (.pdf 14K)
  - 2010-06-15: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JUNE 15, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 5/20/10 Special Meeting
    
    3. Discussion & Action - Approve Financial Statements for February, March & April 2010
    
    4. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion – Presentation by RBF Consulting on the Draft Aquifer Recharge Program
    
    6. Discussion & Possible Action – Consideration to Authorize Entering into Agreement with RBF Consulting for Continued Investigation and Project Development of the Aquifer Recharge Program
    
    7. Discussion & Possible Action – Consideration of and possible action to approve changes requested by the City of Mesquite to the proposed First Amendment to Cooperative Agreement (“Amendment”) between the Virgin Valley Water District (“VVWD”) and the City of Mesquite regarding the use and other governmental entities’ use of the communication facilities and equipment at VVWD’s Scenic tank site.
    
    8. Discussion & Possible Action – Consideration to Augment Budget for Fiscal Year Ending June 30, 2010
    
    9. Discussion & Possible Action – Consideration and possible action to accept or reject a recent settlement offer made by Vidler Water Company (“Vidler”) in connection with the public records litigation between Vidler and VVWD.
    
    10. Discussion & Possible Action – Consideration of and possible action to hire Kenneth Rock as the new VVWD General Manager. If the action is approved, consideration and possible action to determine Mr. Rock’s salary within the range previously determined by the board, paying for moving expenses, benefits, employment status, and other terms related to such hiring as the board may determine. Pursuant to the requirements of NRS 241.033, notice is given that this is an item that could involve a discussion of Mr. Rock’s “character” and “professional competence” as those terms are referenced in the statute.
    
    11. Interim General Manager’s Report
    
    12. Hydrologist’s Report
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-06-15 (.pdf 17K)
  - 2010-06-01: Regular Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    REGULAR MEETING
    3:00 P.M., JUNE 1, 2010
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    NOTICE
    
    DUE TO THE LACK OF AGENDA ITEMS
    THERE WILL BE NO MEETING HELD ON THIS DATE.
    
    THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD TUESDAY
    JUNE 15, 2010
    AT 3:00 P.M.
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-06-01 (.pdf 11K)
  - 2010-05-20: Special Budget Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    SPECIAL MEETING
    THURSDAY, MAY 20, 2010
    1:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 5/4/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    4. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Sundance Helicopters – Estimated $9,000 – Site Visits
    B. Lincoln County Transfer Fee - $13,925.10 – 1,392.51 AF Pumped from Lincoln County
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Public Hearing on Tentative Budget and Approval of Final Budget for Fiscal Year Ending June 30, 2011
    
    6. Discussion & Possible Action – Consideration to Purchase One (1) Mesquite Irrigation Share from Staci Frei – Requested by Staci Frei
    
    7. Discussion & Possible Action – Consideration to Purchase 2,568 AF at $5,000 per AF from the Lemmon Valley/Stead Areas – Requested by Louis M. Hicks, Advisor Sperry Van Ness/The Kase Group
    
    8. Discussion & Possible Action – Consideration to Determine an Amount and Approve a Travel Reimbursement to General Manager Candidate(s) for Personal Interview with the Board if Coming from Out of Town
    
    9. Discussion & Possible Action – Consideration to Approve Reimbursement to Michael Winters for Dental Claims not Covered by Best Life – Requested by Kaye Winters
    
    10. Discussion & Possible Action – Consideration to Allow the Pulte Group to Transfer Three (3) Meters Paid for in Other Areas for Landscaping and Never Installed; to the Tannery Cove Subdivision – Requested by Pulte Group
    
    11. Discussion & Possible Action – Consideration of the Status of the VVWD Ranney Well Project and the Status of a Possible Grant for Such Project. Possible Action may Include Direction to Continue Working with the Bureau of Reclamation, Possibly Entering into a New Agreement Before the Existing Agreement Expires in June 2010, and Taking Other Necessary Steps to Complete the Project and Obtain the Grant – Requested by Karl Gustaveson
    
    12. Discussion & Possible Action – Consideration of the Status of Well 30 and What Actions may be Necessary to Bring Well 30 into Production. Possible Action may Include Direction to VVWD Staff to take Appropriate Steps to Bring Well 30 into Production – Requested by Karl Gustaveson
    
    13. Discussion & Possible Action – Consideration and an Informal Assessment of VVWD’s Possible Future Communication Needs. Possible Action may Include Steps that may be Taken Now in Order to Prepare for Future Communication Needs – Requested by Karl Gustaveson
    
    14. Interim General Manager’s Report
    
    15. Hydrologist’s Report
    
    16. Public Comment
    
    17. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-05-20 (.pdf 17K)
  - 2010-05-04: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, MAY 4, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 4/15/10 Rules & Regulations Workshop Meeting
    
    3. Discussion & Action – Approve Minutes from 4/20/10 Regular Meeting
    
    4. Discussion & Action - Approve Bills Paid
    
    5. Discussion & Action – Approve Changing Regularly Scheduled Board Meeting on May 18th to May 20th Held in Conjunction with Public Budget Hearing Scheduled per NRS
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Action – Consideration of Proposed First Amendment to Cooperative Agreement (“Amendment”) between the Virgin Valley Water Dist0rict (“VVWD”) and the City of Mesquite regarding use of, and access to, equipment and facilities existing at the Scenic, Arizona tank site and construction and installation of other equipment and facilities at such site. The proposed Amendment includes, among other things, provisions to allow additional governmental agencies to use the tank site. Possible action includes, but is not limited to, authorizing VVWD’s Interim General Manager and legal counsel to execute the proposed Amendment, disapproving of the Amendment, or directing VVWD legal counsel to negotiate revisions and changes to the proposed Amendment.
    
    7. Discussion & Action – Consideration of tendering a defense for Robert Smith, a former member of the Virgin Valley Water District’s Board of Directors, to the Nevada Public Agency Insurance Pool (“POOL PACT”) for the lawsuit brought in federal court by Rebel Communications, LLC against the VVWD, Robert Smith and others. Possible action may include, but is not limited to, direction to VVWD legal counsel to deliver a letter to POOL PACT tendering a defense for Robert Smith for such lawsuit.
    
    8. Interim General Manager’s Report
    
    9. Hydrologist’s Report
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-05-04 (.pdf 17K)
  - 2010-04-20: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, APRIL 20, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 4/6/10 Budget Work Session
    
    3. Discussion & Action - Approve Minutes from 4/6/10 Regular Meeting
    
    4. Discussion & Action - Approve Bills Paid
    
    5. Discussion & Action - Approve “Will Serve” Letters
    A. Tannery Cove Subdivision – 87 EDU’s
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Consideration of Possible Participation by the Virgin Valley Water District (VVWD) and Involvement in the Ongoing or Potential Litigation Against Formosa Plastics Corp., J-M Manufacturing Company, Inc. and/or JM Eagle for Substandard or Defective PVC (Polyvinyl Chloride) Pipes
    
    7. Discussion & Possible Action – Consideration of Ongoing Possible Action with Respect to Litigation Involving Lincoln County Water District, Vidler Water Company, and the Nevada State Engineer and the Settlement Reached or Expected Between said Parties. Action may Include Direction to VVWD Legal Counsel to take Legal Steps to Contest the Settlement in an Effort to Protect VVWD’s Interests
    
    8. Discussion & Possible Action – Consideration of Retention of Robcyn, LLC to Serve as a Consultant Providing Professional Services to the VVWD and as a Coordinator and Liaison Between the VVWD and Federal Agencies and Entities, Including the Bureau of Land Management (BLM) the Department of the Interior and the U.S. Fish and Wildlife Service and Review of the Terms of a Proposed Retainer Agreement by Robcyn, LLC for such Professional Services. Possible Action May Include, but is not Limited to, Retention of Robcyn, LLC as a Consultant to the VVWD and Authorizing and Direction to the VVWD’s Interim General Manager to Execute the Retainer Agreement to Retain Robcyn, LLC as a Consultant to the VVWD
    
    9. Discussion & Possible Action – Consideration of Issues Related to the City of Fallon’s Removal of the Water Tank they Purchased from VVWD in 2005 and which is Presently Located at the Site of VVWD’s Well #32. Action may Include Direction to VVWD Legal Counsel to take Reasonable Steps to Protect VVWD in the Event of Damage to Persons or Property During the Removal or Transport of Said Water Tank
    
    10. Interim General Manager’s Report
    
    11. Hydrologist’s Report
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-04-20 (.pdf 17K)
  - 2010-04-15: Work Session Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    WORK SESSION
    THURSDAY, APRIL 15, 2009
    1:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    ITEM:
    
    1. Discussion – Review District’s Operating Rules, Regulations & Rate Policy and Discuss Proposed and Potential Changes, Revisions or Amendments to Such Operating Rules, Regulations & Rate Policy.
    
    2. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-04-15 (.pdf 11.2K)
  - 2010-04-06: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    BUDGET WORK SESSION
    1:00 P.M., APRIL 6, 2010
    
    Discussion & Possible Action – Consideration of Issues and Information Related to the District’s Proposed Budget for its Next Fiscal Year. Issues to be Considered may Include, but are not Limited to, Projects Anticipated to be Undertaken, Continued or Completed During the District’s Next Fiscal Year, Anticipated Revenue Required for the District’s Next Fiscal Year and the Sources for Such Revenue and the Anticipated Costs and Expenses of the District During its Next Fiscal Year
    
    REGULAR MEETING
    3:00 P.M., APRIL 6, 2010
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 3/16/10 Budget Work Session Meeting
    
    3. Discussion & Action – Approve Minutes from 3/16/10 Regular Meeting
    
    4. Discussion & Action – Approve Financial Statement for January 2010
    
    5. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Consideration of Process, Parameters and Guidelines for Hiring New General Manager. Issues to be Considered may Include, but are not Limited to, Appointment of Person or Committee to Perform Initial Review of Applications and Establishment of Guidelines and Parameters for Review of Applications.
    
    7. Discussion & Possible Action – Consideration to Purchase One (1) Mesquite Irrigation Share from Staci Frei
    
    8. Discussion & Possible Action – Consideration to Purchase Two (2) Bunkerville Irrigation Shares from Michael and Lynnette Waite
    
    9. Discussion & Possible Action – Consideration of Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30 and Resolution and Settlement of Such Trespass and Unauthorized Use Issues with the United States Bureau of Land Management.
    
    10. Discussion & Possible Action – Consideration of Status of Pending Litigation Against Manufacturers and Distributors of Pipe Used in Certain Portions of Virgin Valley Water District’s Service Area.
    
    11. Discussion & Possible Action – Consideration to Protest Water Right Application Nos. 79356 and 79357 Filed by Lincoln County Water District and Vidler Water Company in the Lower Virgin River Basin
    
    12. Discussion & Possible Action – Consideration to Set a Date and Time for a Workshop to Review, Revise, Discuss and Amend the District’s Rules & Regulations and Proposed Changes to Such Rules & Regulations.
    
    13. Interim General Manager’s Report
    
    14. Hydrologist’s Report
    
    15. Public Comment
    
    16. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-04-06 (.pdf 17K)
  - 2010-03-16: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    BUDGET WORK SESSION
    1:00 P.M., MARCH 16, 2010
    
    Discussion & Possible Action – Consideration of Issues and Information Related to the District’s Proposed Budget for its Next Fiscal Year. Issues to be Considered may Include, but are not Limited to, Projects Anticipated to be Undertaken, Continued or Completed During the District’s Next Fiscal Year, Anticipated Revenue Required for the District’s Next Fiscal Year and the Sources for Such Revenue and the Anticipated Costs and Expenses of the District During its Next Fiscal Year
    
    REGULAR MEETING
    3:00 P.M., MARCH 16, 2010
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Revised and Amended Minutes from 2/2/10 Closed Session Meeting
    
    3. Discussion & Action - Approve Minutes from 2/22/10 Special Meeting
    
    4. Discussion & Action – Approve Minutes from 3/2/10 Regular Meeting
    
    5. Discussion & Action - Approve Bills Paid
    
    6. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Iceberg Air Conditioning & Heating - $3,995.00 – 4 Ton Split System Heat Pump
    B. Trace Detect - $27,330.00 – Renewal of Service & Maintenance Contract for Arsenic
    
    7. Discussion & Action - Approve “Will Serve” Letters
    A. Amended Santa Theresa Estates – 22 Additional EDU’s
    B. MSM 0013-09 – A Minor Subdivision – 4 EDU’s
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Possible Action – Consideration to Review, Revise, Amend and Approve the Parameters for Leasing of Irrigation Shares Owned by the District
    
    9. Discussion & Possible Action – Consideration to Lease Sixty Four (64) Shares in the Mesquite Irrigation Company Owned by the Virgin Valley Water District and the Parameters and Terms for the Lease of Such Shares
    
    10. Discussion & Possible Action – Consideration to Approve Purchase of New Truck for Treatment Department and Surplus 2001 F-150 to the Highest Bidder
    
    11. Interim General Manager’s Report
    
    12. Hydrologist’s Report
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-03-16 (.pdf 17K)
  - 2010-03-02: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, MARCH 2, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 2/16/10 Regular Meeting
    
    3. Discussion & Action - Approve Minutes from 2/22/10 Special Meeting
    
    4. Discussion & Action - Approve Bills Paid
    
    5. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Legacy Construction - $6,360.00 – Electric Gate Opener for Scenic Arsenic Site
    B. Mountainland - $3,122.36 – Reservoir Maintenance Required by Health Dept.
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Consideration to Approve Revised and Amended Minutes from 2/2/10 Closed Session Meeting
    
    7. Discussion & Possible Action – Consideration to Approve Engagement Letter from Hinton Burdick to Perform Annual Audit for Fiscal Year Ending June 30, 2010
    
    8. Discussion – Discuss Water Line Breakage Issues at Falcon Mesa Business Park and the Virgin Valley Water District’s Responsibility for the Repair of Such Lines – Requested by Falcon Mesa Business Park Owners Association
    
    9. Discussion & Possible Action - Consideration to Appoint the Board President or Such Other Person as the Board May Designate to Represent the Virgin Valley Water District at the Annual Meetings of the Mesquite Irrigation Company and the Bunkerville Irrigation Company and to Vote the Virgin Valley Water District’s Shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company at Such Annual Meetings
    
    10. Interim General Manager’s Report
    
    11. Hydrologist’s Report
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-03-02 (.pdf 15K)
  - 2010-02-22: Special Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    SPECIAL MEETING
    MONDAY, FEBRUARY 22, 2010
    5:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    
    ITEM:
    NO.
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Possible Action – Consideration Of Lease of Real Property for Telecommunication Tower Executed by the Virgin Valley Water District and Rebel Communications, LLC and Alternatives to Continued Operation Under Such Lease Due to Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30. Consideration and Possible Action to Determine Other Options for Radio Communications
    
    3. Discussion & Possible Action – Consideration to Approve Execution of the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30
    
    4. Discussion & Possible Action – Consider Authorizing Use of Additional Lobbyist in Support of Bill Draft Request Submitted by Nevada Division of Water Resources Dealing with Applications held by Virgin Valley Water District
    
    5. Discussion & Possible Action – Discuss the District’s Possible Participation in a Motion for Reconsideration and Possibly Intervening in the Remanded Case Based on the Recent Nevada Supreme Court Decision in Great Basin Water Network vs. State Engineer
    
    6. Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration
    
    7. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-02-22 (.pdf 15K)
  - 2010-02-16: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, FEBRUARY 16, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 1/19/10 Regular Meeting Tabled from 2/2/10 Meeting
    
    3. Discussion & Action – Approve Minutes from 2/2/10 Regular Meeting
    
    4. Discussion & Action – Approve Minutes from 2/2/10 Closed Session Meeting
    
    5. Discussion & Action - Approve Financial Statement for December 2009
    
    6. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    7. Discussion & Possible Action - Consideration to Approve a Cost of Living Allowance (COLA) for Virgin Valley Water District Employees Effective July 1, 2010 – Tabled from 2/2/10 Meeting.
    
    8. Discussion & Possible Action – Consideration to Approve Interlocal Contract Between State of Nevada Employees’ Deferred Compensation Committee and Virgin Valley Water District.
    
    9. Discussion & Possible Action – Consideration of Lease of Real Property for Telecommunication Tower Executed by the Virgin Valley Water District and Rebel Communications, LLC and Alternatives to Continued Operation Under Such Lease Due to Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30. Consideration and possible action to determine other options for radio communications.
    
    10. Discussion & Possible Action – Consideration to Approve Execution of the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30.
    
    11. Discussion & Possible Action – Consideration of Appointment of Interim General Manager to Serve Until General Manager Position is Filled. Possible Action May Include, but is not Limited to, Appointment of Interim General Manager and Granting the Appointed General Manager with Authority to Temporarily Manage the Day-to-Day Operations of the Virgin Valley Water District.
    
    12. Discussion & Possible Action – Consideration of Preparation and Publication of Notice of Job Opening / Job Description for General Manager Position. Possible Action May Include Approval of Notice of Job Opening / Job Description, Instructions to Publish and Post Notice of Job Opening and Selection of Publications and Periodicals Within Which to Publish Notice of Job Opening.
    
    13. Hydrologist’s Report and Power Point Presentation as Given by Michael Johnson to Public Lands Committee.
    
    14. Public Comment
    
    15. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-02-16 (.pdf 17K)
  - 2010-02-02: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, FEBRUARY 2, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 1/19/10 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion - Power Point Presentation as Given by Michael Johnson to Public Lands Committee
    
    5. Discussion & Possible Action – Consideration to Approve Use of Proposed Public Records Request Form
    
    6. Discussion & Possible Action - Consideration to Approve a Cost of Living Allowance (COLA) for Virgin Valley Water District Employees Effective July 1, 2010
    
    7. Discussion & Possible Action - Performance Evaluation of, Michael Winters, General Manager. Possible Action May Include, but is not Limited to, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, Salary Increase, or ‘No Action’. (The Board of Directors May Consider Character, Alleged Misconduct, Professional Competence, Physical or Mental Health Pursuant to NRS 241.031.)
    
    8. Discussion & Possible Action - Performance Evaluation of Michael Johnson, Chief Hydrologist. Possible Action May Include, but is not Limited to, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, Salary Increase, or ‘No Action’. (Closed Session May be Held to Consider Character, Alleged Misconduct, Professional Competence, Physical or Mental Health Pursuant to NRS 241.030.)
    
    9. Discussion & Possible Action – Consideration of Any Continued Representation of Virgin Valley Water District by Attorney George Benesch as Legal Counsel
    
    10. General Manager’s Report
    
    11. Hydrologist’s Report
    
    12. Public Comment
    
    13. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-02-02 (.pdf 17K)
  - 2010-01-19: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, JANUARY 19, 2010
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    1. Election of Officers of the Virgin Valley Water District
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 12/15/09 Regular Meeting
    
    3. Discussion & Action – Approve Bills Paid
    
    4. Discussion & Action – Approve Financial Statement for November 2009
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to Approve Proposal from Construction Group International, LLC for the Cleaning and Repair of the Emergency Generator at Well 31 not to Exceed $29,637.00
    
    6. Discussion & Possible Action – Consideration to Authorize the General Manager to Execute the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of VVWD Well #30
    
    7. Discussion & Possible Action – Consideration to Enter Into Mutual Aid Agreement for Membership in Nevada Water/Wastewater Agency Response Network (NVWARN) and to Authorize the General Manager to Execute Such Agreement.
    
    8. Discussion & Possible Action – Consideration of Action by the Virgin Valley Water District related to recent Criminal Charges and Allegations Against the District’s General Manager, Mike Winters, and former Board Member, Cecil Leavitt, Items of Discussion and Possible Action May Include, but are not limited to, any Obligations of the District for Coverage or representation and the extent of the District’s Insurance Policies and Coverage including the Nevada Public Agency Insurance Pool
    
    9. Discussion & Possible Action – Consideration of the Terms of a Settlement Proposal related to the present litigation involving Lincoln County Water District, Vidler Water Company, the Nevada State Engineer, and the Settlement Terms’ impact on the Virgin Valley Water District. Items of Discussion and Possible Action May Include, but are not limited to, Approval or Disapproval of the Settlement Terms and Direction to Legal Counsel associated thereto.
    
    10. General Manager’s Report
    
    11. Hydrologist’s Report
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-01-19 (.pdf 17K)
  - 2010-01-05: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    
    REGULAR MEETING
    3:00 P.M., JANUARY 5, 2010
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    NOTICE
    
    DUE TO THE LACK OF AGENDA ITEMS
    THERE WILL BE NO MEETING HELD ON THIS DATE.
    
    THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD TUESDAY
    JANUARY 19, 2010
    AT 3:00 P.M.
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2010-01-05 (.pdf 11K)
- 2009
  - 2009-12-15: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 15, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 12/1/09 Regular Meeting
    
    3. Discussion & Action - Approve Financial Statement for October 2009
    
    4. Discussion & Action - Approve Bills Paid
    
    5. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Iceberg Air Conditioning & Heating - $2,990.00 – Air/Heat Unit at Well #30
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion & Possible Action – Consideration to Approve Amendment to Contract with Bowen, Collins & Associates, Inc. to Finish Telemetry Work on the Arsenic Plants not to Exceed $30,844.00
    
    7. Discussion – Discuss Correspondence/Letter from Mr. Don Paff Directed to Certain Board Members Regarding the Retention of Bingham & Snow, LLP as Administrative Legal Counsel for the Virgin Valley Water District – Requested by Kenyon Leavitt
    
    8. Discussion & Possible Action – Consideration of Request by Cheetah Wireless Technologies, Inc. to Mount Antennas on the Freeway Water Tower Reservoir
    
    9. Discussion & Possible Action – Consideration of the Handling of the Virgin Valley Water District’s (“VVWD”) Ongoing Disputes and Litigation with Vidler Water Company, Inc. (“Vidler”) and the Lincoln County Water District (“LCWD”) Regarding the Tule Desert Groundwater Basin, Including the VVWD’s Protests of Vidler and LCWD’s Applications to Appropriate Groundwater in the Tule Desert Groundwater Basin and the VVWD’s Intervention and Involvement in Pending State and Federal Actions of Vidler and LCWD. Potential Action May Include, but is not Limited to, Directives from the Board to the VVWD’s General Administrative Counsel Regarding Review and Assessment of the Pending State and Federal Actions and the VVWD’s General Administrative Counsel’s Participation in such State and Federal Actions.
    
    10. Discussion & Possible Action – Consideration of Request by Longview Construction & Development, Inc. (“Longview”) that the VVWD Release Certain Funds under the Virgin Valley Water District Riverside Road Virgin River Crossing, Contract No. 2008-01, PWP-CL-2008-44 for Directional Drilling at the Bunkerville Bridge – Requested by Longview Construction & Development, Inc.
    
    11. General Manager’s Report
    
    12. Hydrologist’s Report
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2009-12-01 (.pdf 17K)
  - 2009-12-01: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, DECEMBER 1, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 11/17/09 Regular Meeting
    
    ** END OF CONSENT AGENDA**
    
    3. Discussion & Possible Action – Consideration of Vidler Water Company, Inc.’s (“Vidler’) request for certain Virgin Valley Water District (the “District”) documents and records pursuant to the Nevada Public Records laws and of the ongoing Vidler litigation. Issues of discussion and possible action may include, but are not limited to, determining the location where the Virgin Valley Water District will maintain its records, the possible retrieval and return of certain District records and documents from Reno, the handling of the Vidler litigation and the associated records, the manner of review of the District’s documents and records and the disclosure of documents that are properly subject to Vidler Water Company, Inc.’s request.
    
    4. General Manager’s Report
    
    5. Hydrologist’s Report
    
    6. Public Comment
    
    7. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    Board Meeting Agenda: 2009-12-01 (.pdf 14K)
  - 2009-11-17: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, NOVEMBER 17, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 11/3/09 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion & Possible Action – Consideration to Approve Anderson Heritage Electric Inc.’s Proposal to Provide Modifications to the Electrical Equipment on Well #27, Including Relocation of Transformer
    
    5. Discussion & Possible Action – Consideration to Award Contract and Notice to Proceed for the 2009 PRV Project to the Lowest Responsible Bidder in the Best Interest of the Virgin Valley Water District
    
    6. General Manager’s Report
    
    7. Hydrologist’s Report
    
    8. Public Comment
    
    9. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The October 6, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-11-17 (.pdf 14K)
  - 2009-11-03: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, NOVEMBER 3, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Corrected Minutes from 10/6/09 Regular Meeting
    
    3. Discussion & Action – Approve Minutes from 10/20/09 Regular Meeting
    
    4. Discussion & Action - Approve Financial Statement for September 2009
    
    5. Discussion & Action - Approve Bills Paid
    
    6. Discussion & Action - Approve Purchase Orders Over $2,500
    A. Subsurface Technologies - $125,945.00 – Aqua Gard for Wells 30, 31, 32 & 33
    B. Ritchie Brothers – Not to Exceed $30,000 – Backhoe for Arsenic Plants
    C. Construction Group International - $16,951.00 – Transfer Emergency Generator to Las Vegas and Cost Estimate to Repair
    
    7. Discussion & Action – Approve Employees’ Thanksgiving Gift Certificates & Christmas Bonuses
    
    ** END OF CONSENT AGENDA**
    
    8. Discussion & Possible Action – Consideration to Sponsor Party 4 Life – Requested by Karey Belanger Party 4 Life
    
    9. Discussion & Possible Action – Consideration of Reimbursement or Refund of Ordinance II Fees Received for Units of Calais Townhomes – Requested by Advanced Construction
    
    10. Discussion & Possible Action – Consideration of Moving Meters Located on Certain Lots or Units in Calais Subdivision to Other Lots or Units in Calais Subdivision – Requested by Advanced Construction
    
    11. Discussion & Possible Action – Consideration of Removal or Forgiveness of Late Fees on Accounts Paid by Jensen Property Management – Requested by Fran Reese – Tabled from October 6, 2009 Meeting
    
    12. Discussion & Possible Action – Consideration to Approve Memorandum of Agreement Between the Furman Group, Inc. and the VVWD
    
    13. General Manager’s Report
    
    14. Hydrologist’s Report
    
    15. Public Comment
    
    16. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The October 6, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-11-03 (.pdf 16K)
  - 2009-10-20: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, OCTOBER 20, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 10/6/09 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    A. National Auto Tools– Maintenance Equipment to Mount & Balance Tires - $2,900
    B. Singer Valve – Pressure Reducing Valves for 2009 PRV Project - $16,302.40
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to Purchase Up to Eight (8) Bunkerville Irrigation Shares from Bunk Farms, LLC - Requested by Bunk Farms, LLC
    
    6. Discussion & Possible Action – Consideration to Purchase Thirty-Five (35) Bunkerville Irrigation Shares from Cresent Hardy - Requested by Cresent Hardy
    
    7. Discussion & Possible Action – Consideration of Handling of, and Operation Under, Ordinance II Agreement with Barcelona Motorcoach, LLC Following Breaches of Said Agreement by Barcelona Motorcoach, LLC.
    
    8. General Manager’s Report
    
    9. Hydrologist’s Report
    
    10. Public Comment
    
    11. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The October 6, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-10-20 (.pdf 14K)
  - 2009-10-06: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    ANNUAL MEETING
    TUESDAY, OCTOBER 6, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 09/15/09 Regular Meeting
    
    3. Discussion & Action – Approve Financial Statements for July and August 2009
    
    4. Discussion & Action – Approve Bills Paid
    
    5. Discussion & Action - Approve to Write Off Delinquent Accounts
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    A. Pride Construction - $36,120.00 – Site Prep & Maintenance of Access Road for Well No. 34
    B. Legacy Construction – $35,850.00 – Fence at Hardy Way Arsenic Site
    C. Sundance Helicopters – Estimate $4,500 – Site Visits
    
    ** END OF CONSENT AGENDA**
    
    7. Discussion & Possible Action - Presentation of Annual Audit for Fiscal Year Ending June 30, 2009 by Hinton, Burdick
    
    8. Discussion & Possible Action – Consideration of Removal or Forgiveness of Late Fees on Accounts Paid by Jensen Property Management – Requested by Fran Reese
    
    9. Discussion & Possible Action – Consideration to Approve Contract Lease Agreement with Reliance Connects for Placement of Antenna on the 2 Million Gallon Storage Tank Located in the Vista Del Monte Subdivision – Requested by Reliance Connects
    
    10. Discussion & Possible Action – Consideration to Approve Settlement Agreement between VVWD and Longview Construction and Southeast Directional Drilling, LLC and Underground Solutions, Inc.
    
    11. Discussion & Possible Action – Consideration of Circumstances and Procedure for any Delegation of Matters by the District’s General Administrative Counsel to Outside Counsel
    
    12. Hydrologist’s Report
    
    13. Public Comment
    
    14. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The October 6, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-10-06 (.pdf 15K)
  - 2009-09-15: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, SEPTEMBER 15, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion: Board Comments
    President of Board Comments
    
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 8/18/09 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    4. Discussion & Possible Action – Consideration of the Potential Purchase of the Building Presently Owned by Bulloch Brothers Engineering in the Red Cliffs Commercial Center Located at 750 W. Pioneer Blvd., Mesquite, Nevada and Issues Related to Such Potential Purchase, Including, But Not Limited to, the Purchase Price for Such Building; Modifications to Such Building and the Costs of Such Modifications; Use of Such Building and the Virgin Valley Water District’s Existing Facilities and the Potential Purchase of Bulloch Brothers Engineering’s Existing Furnishings in the Building
    
    5. Discussion & Possible Action – Consideration of the Construction of a New Building to Serve as the Virgin Valley Water District’s Administration and Construction Offices and Related Issues, Including, But Not Limited to, the Design of Such Building; the Location of Such Building; the Possible Acquisition of Land for Such Building; the Construction of Such Building on Land Presently Held by the Virgin Valley Water District in Bunkerville, Nevada; the Potential Sale of the Building Presently Occupied by the Virgin Valley Water District; and Solicitation and Review of Bids for the Construction of Such a Building
    
    6. General Manager’s Report
    
    7. Hydrologist’s Report
    
    8. Public Comment
    
    9. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The September 15, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-09-15 (.pdf 14K)
  - 2009-09-01: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    3:00 P.M., SEPTEMBER 1, 2009
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    NOTICE
    
    DUE TO THE LACK OF AGENDA ITEMS
    THERE WILL BE NO MEETING HELD ON THIS DATE.
    
    THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD TUESDAY
    SEPTEMBER 15, 2009
    AT 3:00 P.M.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
      500 Riverside Road
      Mesquite, NV
    - AMERICA FIRST CREDIT UNION
      590 W Mesquite Blvd
      Mesquite, NV
    - BUNKERVILLE U.S. POST OFFICE
      170 Main Street
      Bunkerville, NV
    - MESQUITE CITY HALL
      10 E Mesquite Blvd
      Mesquite NV 89024
    - U.S. POST OFFICE
      510 W Mesquite Blvd
      Mesquite, NV
    - WEBSITE: vvh2o.com
    The September 1, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-09-01 (.pdf 14K)
  - 2009-08-18: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 18, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion:
    - Board Comments
    - President of Board Comments
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 8/4/09 Regular Meeting
    
    3. Discussion & Action - Approve Financial Statement for May 2009
    
    4. Discussion & Action - Approve Bills Paid
    
    ** END OF CONSENT AGENDA**
    
    5. Discussion & Possible Action – Consideration to Approve Professional Service Agreement with TerraSpectra Geomatics for Geographic Information Services in the Amount Not to Exceed $25,000
    
    6. Discussion – Presentation by Templar Energy on a Bio Fuels Energy Project in the Lower Virgin River Basin
    
    7. Discussion & Possible Action – Consideration of Revisions and Amendments to Sections IV and VI of the Virgin Valley Water District’s Operating Rules, Regulations & Rates to Amend and/or Revise Ordinance 2 and Ordinance 2 Fees. Potential Action Includes, but is not Limited to, Clarification of Existing Ordinance 2 Policies and Criteria, Revision or Changes to Ordinance 2 Policies and Criteria, Adjustment of Ordinance 2 Fees and Revision or Changes to Security Requirements for Payment of Ordinance 2 Fees
    
    8. Discussion & Possible Action – Consideration of Payment Arrangements and Alternatives for Payment of Ordinance 2 Fees by Barcelona Partner’s, LLC and the Security to be Provided to the Virgin Valley Water District for Payment of Such Ordinance 2 Fees by Barcelona Partner’s, LLC.
    
    9. General Manager’s Report
    
    10. Hydrologist’s Report
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
    - AMERICA FIRST CREDIT UNION
    - BUNKERVILLE U.S. POST OFFICE
    - MESQUITE CITY HALL
    - U.S. POST OFFICE
    - WEBSITE: vvh2o.com
    The August 18, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-08-18 (.pdf 15K)
  - 2009-08-04: Board Meeting Agenda
    AGENDA
    VIRGIN VALLEY WATER DISTRICT BOARD OF DIRECTORS
    
    REGULAR MEETING
    TUESDAY, AUGUST 4, 2009
    3:00 P.M.
    
    VIRGIN VALLEY WATER DISTRICT OFFICE
    500 RIVERSIDE ROAD
    MESQUITE, NEVADA
    
    Call to Order
    Prayer & Pledge
    Public Comment: Public participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to state their name for the record and limit comments to a minimal duration.
    
    Discussion:
    - Board Comments
    - President of Board Comments
    CONSENT AGENDA
    
    All items listed under the consent agenda are considered routine and may be acted upon by the Board of Directors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.
    
    ITEM #:
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action - Approve Minutes from 7/21/09 Regular Meeting
    
    3. Discussion & Action - Approve Bills Paid
    
    4. Discussion & Action - Approve Purchase Orders Over $2,500
        A. Mountainland Supply - $3,725.00 – PRV Cover on Pioneer & Falcon Ridge Pkwy.
        B. Dell Computers - $17,250.00 plus S&H – Server & 2 Work Stations
    
    5. Discussion & Action - Approve “Will Serve” Letters
        A. Solstice Motorcoach Resort & Country Club Phase I – 50 EDU’s
    
    ** END OF CONSENT AGENDA**
    
    6. Discussion – Presentation by Mesquite Veterans Chapter 993 to VVWD Board
    
    7. Discussion & Possible Action – Consider a Donation to the League of Women Voters of Mesquite for their Voter Services and Education Programs
    
    8. Discussion & Possible Action – Consideration of Proposed Agreement Between VVWD and Bowen & Collins for the Design of Four (4) PRV Stations and Potential Authorization for the General Manager to Execute the Proposed Agreement with Bowen & Collins
    
    9. General Manager’s Report
    
    10. Hydrologist’s Report
    
    11. Public Comment
    
    12. Adjournment
    
    THE VIRGIN VALLEY WATER DISTRICT OFFICES ARE ACCESSIBLE TO THE HANDICAPPED. WITH 24 HOURS ADVANCE REQUEST, EFFORTS TO PROVIDE FOR SPECIAL ASSISTANCE OR ACCOMMODATIONS AT THE MEETING WILL BE UNDERTAKEN – PHONE 346-5731.
    
    THIS MEETING HAS BEEN PROPERLY NOTICED AND POSTED IN THE FOLLOWING LOCATIONS:
    - VIRGIN VALLEY WATER DISTRICT
    - AMERICA FIRST CREDIT UNION
    - BUNKERVILLE U.S. POST OFFICE
    - MESQUITE CITY HALL
    - U.S. POST OFFICE
    - WEBSITE: vvh2o.com
    The August 4, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-08-04 (.pdf 14K)
  - 2009-07-21: Board Meeting Agenda
    The June 21, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-07-21 (.pdf 15K)
  - 2009-07-07: Board Meeting Agenda
    The July 7, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-07-07 (.pdf 14K)
  - 2009-06-16: Board Meeting Agenda
    The June 16, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-06-16 (.pdf 16K)
  - 2009-06-02: Board Meeting Agenda
    The June 2, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-06-02 (.pdf 16K)
  - 2009-05-21: Board Meeting Agenda - Budget Work Session
    The May 21, 2009 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-05-21 - Budget Work Session (.pdf 16K)
  - 2009-05-05: Board Meeting Agenda
    The May 5, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-05-05 (.pdf 16K)
  - 2009-04-21: Board Meeting Agenda
    The April 21, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-04-21 (.pdf 16K)
  - 2009-04-07: Board Meeting Agenda
    The April 7, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-04-07 (.pdf 16K)
  - 2009-03-17: Board Meeting Agenda
    The March 17, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-03-17 (.pdf 16K)
  - 2009-03-11: Board Meeting Agenda - Special Meeting
    The March 11, 2009 VVWD Special Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-03-11 - Special Meeting (.pdf 16K)
  - 2009-03-03: Board Meeting Agenda
    The March 3, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-03-03 (.pdf 20K)
  - 2009-02-17: Board Meeting Agenda
    The February 17, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-02-17 (.pdf 20K)
  - 2009-01-20: Board Meeting Agenda
    The January 20, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-01-20 (.pdf 20K)
  - 2009-01-06: Board Meeting Agenda
    The January 6, 2009 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2009-01-06 (.pdf 16K)
- 2008
  - 2008-12-16: Board Meeting Agenda
    The December 16, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-12-16 (.pdf 12K)
  - 2008-12-02: Board Meeting Agenda
    The December 2, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-12-02 (.pdf 16K)
  - 2008-11-18: Board Meeting Agenda
    The November 18, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-11-18 (.pdf 16K)
  - 2008-11-04: Board Meeting Agenda
    The November 4, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-11-04 (.pdf 16K)
  - 2008-10-21: Board Meeting Agenda
    The October 21, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-10-21 (.pdf 16K)
  - 2008-10-07: Board Meeting Agenda
    The October 7, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-10-07 (.pdf 20K)
  - 2008-09-16: Board Meeting Agenda
    The September 16, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-09-16 (.pdf 12K)
  - 2008-09-02: Board Meeting Agenda
    The September 2, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-09-02 (.pdf 16K)
  - 2008-08-19: Board Meeting Agenda
    The August 19, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-08-19 (.pdf 12K)
  - 2008-07-21: Board Meeting Agenda - Special Meeting
    The July 21, 2008 VVWD Special Meeting Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-07-21: Special Meeting (.pdf 12K)
  - 2008-07-15: Board Meeting Agenda
    The July 15, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-07-15 (.pdf 12K)
  - 2008-07-01: Board Meeting Agenda
    The July 1, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-07-01 (.pdf 6.3M)
  - 2008-06-17: Board Meeting Agenda
    The June 17, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-06-17 (.pdf 16K)
  - 2008-06-03: Board Meeting Agenda - Packet
    The June 3, 2008 VVWD Board Meeting Agenda Packet is available for download.
    - Board Meeting Agenda: 2008-06-03: Packet (.pdf 620K)
  - 2008-06-03: Board Meeting Agenda
    The June 3, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-06-03 (.pdf 16K)
  - 2008-05-15: Board Meeting Agenda - Budget Work Session
    The May 15, 2008 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-05-15: Budget Work Session (.pdf 16K)
  - 2008-05-06: Board Meeting Agenda
    The May 6, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-05-06 (.pdf 24K)
  - 2008-04-15: Board Meeting Agenda
    The April 15, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-04-15 (.pdf 20K)
  - 2008-04-15: Board Meeting Agenda - Budget Work Session
    The April 15, 2008 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-04-15: Budget Work Session (.pdf 11K)
  - 2008-04-01: Board Meeting Agenda
    The April 1, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-04-01 (.pdf 16K)
  - 2008-03-18: Board Meeting Agenda
    The March 18, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-03-18 (.pdf 16K)
  - 2008-03-04: Board Meeting Agenda
    The March 4, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-03-04 (.pdf 20K)
  - 2008-03-04: Board Meeting Agenda - Work Session
    The March 4, 2008 VVWD Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-03-04: Work Session (.pdf 12K)
  - 2008-02-19: Board Meeting Agenda
    The February 19, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-02-19 (.pdf 16K)
  - 2008-01-15: Board Meeting Agenda
    The January 15, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-01-15 (.pdf 16K)
- 2007
  - 2007-12-18: Board Meeting Agenda
    The December 18, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-12-18 (.pdf 20K)
  - 2007-12-04: Board Meeting Agenda
    The December 4, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-12-04 (.pdf 16K)
  - 2007-11-20: Board Meeting Agenda
    The November 20, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-11-20 (.pdf 20K)
  - 2007-11-06: Board Meeting Agenda
    The November 6, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-11-06 (.pdf 20K)
  - 2007-10-16: Board Meeting Agenda
    The October 16, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-10-16 (.pdf 12K)
  - 2007-10-02: Board Meeting Agenda
    The October 2, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-10-02 (.pdf 8K)
    - Board Meeting Agenda: 2007-10-02 Amended (.pdf 12K)
  - 2007-09-18: Board Meeting Agenda
    The September 18, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-09-18 (.pdf 12K)
  - 2007-09-04: Board Meeting Agenda - Annual Meeting
    The September 4, 2007 VVWD Annual Meeting Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-09-04: Annual Meeting (.pdf 16K)
  - 2007-08-07: Board Meeting Agenda
    The August 7, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-08-07 (.pdf 16K)
  - 2007-07-17: Board Meeting Agenda
    The July 19, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-07-17 (.pdf 12K)
  - 2007-07-03: Board Meeting Agenda
    The July 3, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-07-03 (.pdf 8K)
  - 2007-08-21: Board Meeting Agenda
    The August 21, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-08-21 (.pdf 8K)
  - 2007-06-19: Board Meeting Agenda
    The June 19, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-06-19 (.pdf 16K)
  - 2007-06-05: Board Meeting Agenda
    The June 5, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-06-05 (.pdf 12K)
  - 2007-05-17: Board Meeting Agenda - Budget Work Session
    The May 17, 2007 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-05-17: Budget Work Session (.pdf 12K)
  - 2007-04-17: Board Meeting Agenda
    The April 17, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-04-17 (.pdf 16K)
  - 2007-04-03: Board Meeting Agenda
    The April 3, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-04-03 (.pdf 12K)
  - 2007-03-20: Board Meeting Agenda
    The March 20, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-03-20 (.pdf 8K)
  - 2007-03-06: Board Meeting Agenda
    The March 6, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-03-06 (.pdf 11K)
  - 2007-02-20: Board Meeting Agenda
    The February 20, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-02-20 (.pdf 8K)
  - 2007-02-06: Board Meeting Agenda
    The February 6, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-02-06 (.pdf 16K)
    - Board Meeting Agenda: 2007-02-06 Amended (.pdf 16K)
  - 2007-01-16: Board Meeting Agenda
    The January 16, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-01-16 (.pdf 16K)
  - 2007-01-02: Board Meeting Agenda
    The January 2, 2007 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2007-01-02 (.pdf 16K)
- 2006
  - 2006-12-19: Board Meeting Agenda
    The December 19, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-12-19 (.pdf 16K)
  - 2006-12-05: Board Meeting Agenda
    The December 5, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-12-05 (.pdf 16K)
  - 2006-11-07: Board Meeting Agenda
    The November 7, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-11-07 (.pdf 16K)
  - 2006-10-17: Board Meeting Agenda
    The October 17, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-10-17 (.pdf 8K)
  - 2006-10-03: Board Meeting Agenda
    The October 3, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-10-03 (.pdf 24K)
  - 2006-09-19: Board Meeting Agenda - Annual Meeting
    The September 19, 2006 VVWD Annual Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-09-19: Annual Meeting (.pdf 20K)
  - 2006-09-05: Board Meeting Agenda
    The September 5, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-09-05 (.pdf 20K)
  - 2006-08-15: Board Meeting Agenda
    The August 15, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-08-15 (.pdf 24K)
  - 2006-08-01: Board Meeting Agenda
    The August 1, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-08-01 (.pdf 12K)
  - 2006-07-18: Board Meeting Agenda
    The July 18, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-07-18 (.pdf 24K)
  - 2006-06-20: Board Meeting Agenda
    The June 20, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-06-20 (.pdf 24K)
  - 2006-06-06: Board Meeting Agenda
    The June 6, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-06-06 (.pdf 24K)
  - 2006-05-18: Board Meeting Agenda - Budget Work Session
    The May 18, 2006 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-05-18: Budget Work Session (.pdf 24K)
  - 2006-05-02: Board Meeting Agenda - Budget Work Session
    The May 2, 2006 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-05-02: Budget Work Session (.pdf 20K)
  - 2006-04-18: Board Meeting Agenda - No Quarum
    The April 18, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-04-18: No Quarum (.pdf 8K)
  - 2006-04-04: Board Meeting Agenda
    The April 4, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-04-14 (.pdf 12K)
  - 2006-03-21: Board Meeting Agenda
    The March 21, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-03-21 (.pdf 24K)
  - 2006-03-07: Board Meeting Agenda
    The March 7, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-03-07 (.pdf 24K)
  - 2006-02-21: Board Meeting Agenda
    The February 21, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-02-21 (.pdf 24K)
  - 2006-02-07: Board Meeting Agenda
    The February 7, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-02-07 (.pdf 24K)
  - 2006-01-17: Board Meeting Agenda
    The January 17, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2006-01-17 (.pdf 12K)
- 2005
  - 2005-12-20: Board Meeting Agenda
    The December 20, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-12-20 (.pdf 12K)
  - 2005-12-06: Board Meeting Agenda
    The December 6, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-12-06 (.pdf 24K)
  - 2005-11-15: Board Meeting Agenda
    The November 15, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-11-15 (.pdf 20K)
  - 2005-11-01: Board Meeting Agenda
    The November 1, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-11-01 (.pdf 12K)
  - 2005-10-18: Board Meeting Agenda
    The October 18, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-10-18 (.pdf 20K)
  - 2005-10-04: Board Meeting Agenda
    The October 4, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-10-04 (.pdf 20K)
  - 2005-09-06: Board Meeting Agenda - Annual Meeting
    The September 6, 2005 VVWD Annual Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-09-06: Annual Meeting (.pdf 20K)
  - 2005-09-20: Board Meeting Agenda
    The September 20, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-09-20 (.pdf 12K)
  - 2005-08-16: Board Meeting Agenda
    The August 16, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-08-16 (.pdf 24K)
  - 2005-08-02: Board Meeting Agenda
    The August 2, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-08-02 (.pdf 24K)
  - 2005-07-19: Board Meeting Agenda
    The July 19, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-07-19 (.pdf 20K)
  - 2005-07-05: Board Meeting Agenda
    The July 5, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-07-05 (.pdf 20K)
  - 2005-06-21: Board Meeting Agenda
    The June 21, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-06-21 (.pdf 20K)
  - 2005-06-07: Board Meeting Agenda
    The June 7, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-06-07 (.pdf 20K)
  - 2005-05-19: Board Meeting Agenda - Budget Work Session
    The May 19, 2005 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-05-19: Budget Work Session (.pdf 24K)
  - 2005-04-19: Board Meeting Agenda - Budget Work Session
    The April 19, 2005 VVWD Budget Work Session Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-04-19: Budget Work Session (.pdf 20K)
  - 2005-05-03: Board Meeting Agenda
    The May 3, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-05-03 (.pdf 12K)
  - 2005-04-05: Board Meeting Agenda
    The April 5, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-04-05 (.pdf 20K)
  - 2005-03-15: Board Meeting Agenda
    The March 15, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-03-15 (.pdf 20K)
  - 2005-03-01: Board Meeting Agenda
    The March 1, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-03-01 (.pdf 12K)
  - 2005-03-02: Board Meeting Agenda - Special
    The March 2, 2005 VVWD Special Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-03-02: Special Meeting (.pdf 20K)
  - 2005-02-15: Board Meeting Agenda - Evaluations
    The February 15, 2005 VVWD Evaluations Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-02-15: Evaluations (.pdf 24K)
  - 2005-02-01: Board Meeting Agenda
    The February 1, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-02-01 (.pdf 12K)
  - 2005-01-18: Board Meeting Agenda
    The January 18, 2005 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-01-18 (.pdf 24K)
  - 2005-01-04: Board Meeting Agenda
    The January 4, 2006 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2005-01-04 (.pdf 20K)
- 2002
  - 2002-02-13: Board Meeting Agenda
    The February 13, 2002 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2002-02-13 (.pdf 20K)
  - 2002-01-09: Board Meeting Agenda
    The January 9, 2002 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2002-01-09 (.pdf 20K)
Board Meeting Minutes
- 2012
  - 2012-01-03: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 3, 2012
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on January 3, 2012, at the Virgin Valley Water District Office at 5:00 p.m. Attending were Board Members Karl Gustaveson, Ted Miller and Sandra Ramaker. Board Member Kenyon Leavitt was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker and District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • Karl Gustaveson called the meeting to order at 5:05 p.m.
    
    • Karl Gustaveson offered a Prayer
    
    • Sandra Ramaker led the pledge.
    
    • Public Comment – There was no public comment at this time.
    
    • Oath of Office to appointed Board members Karl Gustaveson from the City of Mesquite and Richard Bowler from the Bunkerville Town Board.
    Richard Bowler’s appointment from the Bunkerville Town Board was not approved by the Clark County Commissioners as required as of this date. The Clark County Commissioners plan to approve Mr. Bowler’s appointment at their next meeting scheduled for January 17, 2012. The VVWD will then post Mr. Bowler’s Oath of Office for their next scheduled meeting on January 17, 2012 at 5:00 p.m.
    
    • Oath of Office was administered to Karl Gustaveson appointed by the City of Mesquite to the VVWD Board by Notary, Mary Johnson.
    
    • Nomination and Election of Officers
    
    Sandra Ramaker nominated Karl Gustaveson to continue as President of the Board. Ted Miller seconded this nomination.
    
    Ted Miller nominated Sandra Ramaker for Secretary/Treasurer. Karl Gustaveson seconded this nomination.
    
    Sandra Ramaker nominated Ted Miller for Vice-President. Karl Gustaveson seconded this nomination.
    
    Karl called for the vote and all nominations were approved unanimously. 3-0
    
    • Board Comments - None
    
    • President of Board Comments – Karl stated that he had spoken with Mark McEwen and had a great discussion with him regarding his ability to handle issues and thanked him for his service on the VVWD Board. Karl also suggested that other Board members may want to convey their appreciation to Mark for his service on the Board also.
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the agenda and consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    1. For Possible Action - Approve Agenda
    
    2. For Possible Action – Approve Minutes from 12/20/11 Regular Board Meeting
    
    3. For Possible Action – Approve Bills Paid since last public meeting- $271,955.12
    
    ** End of Consent Agenda**
    
    4. For Discussion & for Possible Action – Nomination of representative from VVWD to the City of Mesquite Economic Development Committee
    
    Sandra stated that she would like to remove this item because the City is working on a new economic committee and there are no meetings scheduled at this time. Ted commented that he has not had notice of any meetings, but did receive a new application for the new committee and thought that this item should be tabled.
    
    Ted Miller made a motion to table this item and to bring back at a later date after the City has decided to renew the economic committee. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    5. Hydrologist’s Report
    
    Aaron had not included a written report. Aaron informed the board that he has basically been working on the same criteria as of the last meeting; wells #32 and #33 and the HMMP. There will also be an Executive Committee meeting this Thursday regarding the VRHCRP. Aaron further stated that he would have more information to bring to the Board at the next meeting.
    
    6. General Manager’s Report
    
    Ken had included a written report with significant events since the last meeting. Ken further stated that the biggest thing that has been happening has been work on the first basin coalition meeting scheduled for January 24th. Ken has asked the Bureau of Reclamation (BOR) and all three States’ Department of Water Resources to give presentations because their opinions seem to be consistent that this is a great idea. Ken would like to hear that from all their offices and have it on record so that it’s clear that the regulatory agencies agree that we need to have a cohesive plan for this basin for the water resources and what that total amount is and how to distribute it fairly. Ken stated that he believes that all permittees would not agree that a change is in order, but that in order to proceed affectively for managing the water resources in this basin, going further with the District’s secondary study, determining how much water we have or how to distribute it, until we really know those answers.
    
    Karl questioned if this would be a public meeting and Ken stated that he had been reading the Nevada Open Meeting Law and has asked Bo for a legal opinion whether this organization will be required to have public meetings and post an agenda for the meeting.
    
    7. Public Comment
    
    There was no public comment at this time.
    
    8. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:23 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2012-01-03 (.pdf 25.K)
- 2011
  - 2011-12-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 20, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 20, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen and Secretary-Treasurer Kenyon Leavitt were not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Karl Gustaveson offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – Delmar Latham questioned if each item would be opened for public comment or should he comment now. He was informed that public comments would be accepted during each item.
    • Board Comments - None
    • President of Board Comments – Karl commented that he was glad to get away and that he just got back from Maine seeing his grandkids and had a great time.
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the agenda and consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    1. For Possible Action - Approve Agenda
    
    2. For Possible Action – Approve Minutes from 12/6/11 Regular Board Meeting
    
    3. For Possible Action – Approve Bills Paid since last public meeting- $150,406.76
    
    ** End of Consent Agenda**
    
    4. For Presentation & Discussion – Forsgren Associates, Inc. will present the concept of an Integrated Water Resource Management Plan for Basin 222
    
    Ken began by introducing and thanking Forsgren for their initiative for the water resource plan for the basin. Ryan Wheeler began by stating that he agreed with Karl in stating that this may be the most single important thing for the VVWD and other entities within the entire basin. Ryan also stated that hopefully we can erase the state lines and look out for the best interests of the water resources within the basin. Ryan stated that the reason that they were here today was because they had recommended a basin study in their Secondary Feasibility Study and explained some of the steps that the District would need to take to accomplish this; including time frame and potential costs. Ryan introduced his colleagues Rick Noll and Clarence Kemp along with their qualifications and expertise that they would share.
    
    Ryan, through a power point presentation, explained what a water resource plan was and reviewed where the District was today. The District has had a couple initial studies conducted; initiated contact with stakeholders within the basin; and have begun pursuing funding opportunities. Ryan reviewed maps and the area of Basin 222; who the senior water right holders were; and what would be the next steps.
    
    Rick Noll stated that the District should organize next. The District has more or less already adopted the role of the project sponsor. The District would then need to select a program manager, and then develop and implement the program. Rick explained how the program would work through funding cycles. Rick reviewed a list of stakeholders and what their roles may entail. Rick also explained that he was involved with another Integrated Water Resource Management Plan (IWRMP) in Idaho and how that proceeded.
    
    Clarence Kemp spoke of his similar experiences with a program of this nature in Wyoming. Clarence proceeded to explain the competing interests; the technical aspects of the project; and the legal issues of such a project.
    
    There was discussion regarding a program manager with Forsgren expressing their desire to fill that position.
    
    5. For Discussion & for Possible Action – Consideration to direct the General Manager to continue shaping a coalition to address the water resources in Basin 222, including the pursuit of grant opportunities and securing a consulting team.
    
    Ken stated that he recommends that the District begin getting a coalition together and that he has had eleven entities thus far show interest in this project. Ken further stated that he had heard from Bureau of Reclamation (BOR), Amy Porter, who stated that she really liked the District’s letter of interest and seems to think that the District has a good shot for this funding. The proposals must be submitted by February 10th. Ken thought that the best chance at winning this grant and empowering each member and state as being part of this entire process was to meet in January to cement our support and work towards affirming the project goals along with a few other key issues; one being retaining a consultant. Ken stated that he would ask the Board for approval to get a coalition together and pursue the grant.
    
    Ted Miller made a motion to direct the General Manager to continue shaping a coalition to address the water resources in Basin 222, including the pursuit of grant opportunities and securing a consulting team.
    
    Sandra questioned if a consulting team was required at this time. Ken answered that the District would shoulder the burden to get the proposal in to the BOR at this time.
    
    Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    6. For Discussion & for Possible Action – Consideration to revise the District policy to save audio recordings of public meetings and have them available for ready access for a period of five (5) years and then to archive them for permanent preservation.
    
    Ken stated that the District’s past experience with legal matters has shown that it would have been nice to have recordings of Board meetings older than a year for controversial issues and legal implications that the District has been facing. The District currently abides by NRS and the Open Meeting Law by retaining audio recordings for one year; but with saving the audio recordings to a cd and through the software that is used, the District is able to store the recordings without using so much space. Ken further stated that the policy’s intention is to retain these recordings as long as is practical, which should serve virtually all purposes they may be called upon for.
    
    The Board further discussed where these recordings would be stored.
    
    Bo stated that NRS requires audio recordings to be made available for one year, but that the District could most certainly adopt a policy to save the recordings longer. Bo also that he would like the policy to state that the District will do everything it can to keep records for as long as possible, and he would also like to have something in there that in the event something is recorded over is lost, Bo doesn’t want the District in incur some liability under this policy simply because the District has a policy that raises our obligations much higher.
    
    Sandra Ramaker made a motion to retain all audio recordings of the District’s public meetings for a period of five (5) years and have them available for ready access and then to archive them for permanent preservation; and also add to the policy that the District would not incur liability if something gets lost, simply because we have a policy, but liability would only be if the District doesn’t keep the recording for the minimal statutory period of one year. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    7. For Discussion & for Possible Action – Review, possibly change, and consideration to approve the message from the General Manager for the VVWD web site.
    
    Ken stated he had brought this to the Board previously and maybe somewhat premature, but after discussions tonight regarding the basin study and forming a coalition, he felt that it was the right time to bring this forth again and have it on the website as a priority to the District.
    
    The Board discussed Ken’s message and all felt that the public would not understand it as written and that it was too technical for the general public. The Board suggested informing the public of what has been accomplished, what is in the near future, the conservation garden and better ways to save water in more general terms may be more suitable for the GM message.
    
    There was further discussion and suggestions as to what the GM message should include and how often the message should be updated.
    
    Ken stated that he would take all that was suggested to heart and reword his message and give indication of the direction the District is going and generalize it more.
    
    8. For Discussion & for Possible Action – Consideration to approve the District’s revised policy for utility easements per the language submitted by the District’s legal counsel, Bingham & Snow, LLP.
    
    At the December 6th Board meeting the Board agreed to closer define the distribution system responsibility of the District. The Board asked counsel to submit language for inclusion in the District’s Design Standards and Specifications, Section III, Paragraph I. Bo had included revised wording in the packet, which Ken had made some adjustments and distributed his version for approval that Bo has also approved.
    
    Ted Miller made a motion to approve the District’s revised policy for utility easement per the language submitted by the District’s legal counsel, Bingham & Snow, LLP. Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    9. For Discussion & for Possible Action – Consideration of the District providing services to repair privately owned water lines at the request of residents for additional charges. When customers’ meters are not in the utility easements next to our mains, water resources are lost and unbilled when there are leaks in un-metered lines between the District’s owned distribution system and customers’ meters. Consideration of the District setting up a billable service for the repair or service of those lines. Staff requests that the Board authorize staff to look into this option, with potential services and billing rates.
    
    Ken initially thought that this may be possible, but after the agenda and packets had been distributed, Ken met with staff and after further discussion Ken does not think that the District should move forward with this service for liability and insurance reasons. Ken further stated that the District has always worked with the local plumbers and if they required a part, the District will loan them the part and then the plumber can restock any parts used. Ken stated that the District would continue with this practice.
    
    There was further discussion regarding competition and legal implications. Bo also stated that he did not think the District should put themselves in this type of situation and according to the District’s enabling legislature the only possible way the District could provide this service is if there is an emergency to save water and the District can just shut the water off.
    
    The item died for a lack of a motion.
    
    10. For Discussion & for Possible Action – Consideration to direct staff to develop a Request for Proposals (RFP) for potential solar or other alternative cost-saving, green energy options for the District and possibly other partners to consider.
    
    Ken had included a written memo stating that he has been talking with solar power companies who have different ideas on how to bring clean power to our valley while saving on our energy bills. Ken’s memo suggests that staff carefully craft a Request for Proposals (RFQ), potentially with the City, casinos, or other stakeholders to weigh possible benefits and opportunities.
    
    Delmar Latham, General Manager of Overton Power District (OPD), wanted to clarify various roles of different entities. OPD is very similar to the VVWD in regards to their enabling legislatures and how they operate. By statute to bring in a solar resource or green resource to OPD service territory would have to be done through OPD. In order for an RFP to go out to request service, the proprietor would have to enter into an agreement with OPD; and then OPD would have to enter into an agreement with VVWD (in this case) for the off-take of that resource. Delmar stated that it needed to be a cooperative effort in that RFP process. Delmar further stated that there are some impediments to doing this immediately since OPD have purchased resource for the loads within their service territory through 2017. So to replace or to bring any new resource in the next six year period would displace existing purchases and those are Takes or pay agreements that OPD has. The earliest that OPD could bring in an alternative resource would be January 1, 2018. Delmar also stated that they have been in discussions with developing pump storage and some other options that would be “new load” and new load would be looked at differently than existing loads. Existing loads can be looked at in the same manner, but that would also have to be looked at to meet the 2018 deadline for contract changes. Delmar explained what OPD’s obligations were to green energy, Nevada Power and why we are where we are because we our both not for profit organizations. Green energy is in the 9.5 to 10 cent range and OPD’s purchased power is currently at 6.5 cents. Delmar also stated that he believes solar has a future, but it will need to be proven first that it is a cheaper source of power.
    
    Karl questioned Delmar if the District could generate its own power and use that within the system. Delmar explained that individuals could put solar panels on for their own use, but you could not bring an outside resource in. Delmar further explained net-metering per their residential policy.
    
    Ken stated that he has received several calls from Nano Solar and BLT and thought that if the District could save money, the RFP process, as long as it coordinates with OPD, could be put together. Ken also stated that solar power does not use any water compared to other generated power.
    
    There continued to be further discussion with the Board suggesting that the VVWD be receptive and open minded, but that VVWD was not ready to take the lead in this.
    
    The item died for a lack of a motion.
    
    11. For Discussion & for Possible Action – Consideration to approve Resolution 2011-01 to form as proposed for board approval consistent with their purchasing limit policy approved for the General Manager on December 6, 2011. This resolution would supersede Resolution 2002-1 for the same matter.
    
    This resolution was approved at the last meeting, but was on the agenda to be approved to form. Ken stated that the first sentence in #2 was the same as #4. Ken suggested striking the first sentence of #2.
    
    Sandra Ramaker made a motion to approve Resolution 2011-01 to form as proposed with the amendment of striking the first sentence in #2. Ted Miller seconded the motion and it was unanimously carried. 3-0
    
    12. Hydrologist’s Report
    
    Aaron had included a written report and also reported that he had attended a hydrologic workshop last week that is part of the HMMP. Aaron is trying to put together a first year annual plan to gather information on what data is available for Basin 222.
    
    Aaron also stated that he is looking into Well #33 since it is making noise indicating other issues may arise and how to remedy the situation. Well #32 is running and Aaron stated that he is looking to make it more efficient and that items will be moved from Well #30 to Well #32.
    
    Aaron further stated that he has completed the 2011 water quality sampling and that the information would be in the Consumer Confidence Report due by July 1st.
    
    13. General Manager’s Report
    
    Ken had included a written report and also informed the Board that he currently had a proposal on his desk to move electrical components from Well #30 to Well #32. Research from staff indicates that the District will get higher efficiency from the existing pump and when we get a new pump in we will also be able to use without the efficiency drops.
    
    Ken also informed the Board that he had received good news from Robcyn in that the District’s settlement agreement for trespass for Well #30 site is a non-issue now. Bo commented that everything has been settled except for the tower.
    
    14. Public Comment
    
    Mike Chandler with Bowen & Collins complimented District staff on their efforts towards a coalition and obtaining the grant. Mike noted that he believes the Board should consider allowing the General Manager to take a more pragmatic approach with Beaver Dam Water Company (BDWC) and allowing them a voice in the coalition since there has been an antagonistic relationship between the BDWC and the VVWD. Mike also commented on solar power and that St. George has one of the largest municipal solar fields in the western US. Utah actually created enabling legislation that allowed the city to make a large solar field and allow people to purchase a solar panel and receive the tax credit on their home. The panel itself is actually attached to the title of the home. Mike again offered to take staff and Board members on a tour of the facility.
    Sandra thanked Ken, staff, Bo and other Board members for their help, a good year, and wished everyone Happy Holidays.
    
    15. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:20 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-12-20 (.pdf 40.K)
  - 2011-12-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 6, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 6, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen and Board Members Ted Miller and Sandra Ramaker via telephone. Secretary-Treasurer Kenyon Leavitt was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Mark McEwen offered a Prayer
    • Ted Miller led the pledge.
    • Board Comments - None
    • President of Board Comments – Karl commented that he was glad to see so many in attendance.
    • Public Comment – Scott Dowding questioned if there would be public comment on item #8, or if this would be the time. Mark McEwen commented that a representative from Commissioner Collins offices had stated at the Bunkerville Town Board meeting that you must have public comment. Bo stated that the Board meets NRS requirements with public comment. NRS states that you must have public comment either at the beginning or the end; and the District actually posts it at the beginning and the end of regular agendas. Bo also commented that the Board usually opens each item up for public comment.
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the agenda and consent agenda as listed below. Mark McEwen seconded the motion and it was unanimously carried. 4-0
    
    1. For Possible Action - Approve Agenda
    
    2. For Possible Action – Approve Minutes from 11/1//11 Regular Board Meeting
    
    3. For Possible Action – Approve Minutes from 11/15/11 Regular Board Meeting
    
    4. For Possible Action – Approve Financial Statement for October 2011
    
    5. For Possible Action – Approve Bills Paid since last public meeting- $490,736.62
    
    ** End of Consent Agenda**
    
    6. For Discussion & for Possible Action – Discussion and consideration of an Alternative Investment Management arrangement with Wells Fargo Institutional Securities. Possible action may include moving some, or all, of the District’s invested Securities from BNY Mellon to Wells Fargo Institutional Securities.
    
    Wes Smith informed the Board that since the completion of the audit, he has had time to take a closer look at other aspects of accounting and finance for the District. The rate of return historically experienced by the District has been a good one, with BNY Mellon’s help. In the past, with coupon rates of 2.5% to 5.00% the management fee of 0.20% did not seem to be out of line, however, as coupon rates have come down, the management fee becomes a larger proportion of the interest revenue and we are currently paying approximately $7,700 per year in management fees to BNY Mellon. After Wes conducted a more in depth investigation, he found that the District could have placed $500,000 in 5 year CDs through Wells Fargo and received a coupon rate of 1.90%. The difference over the five years of the investment is $21,250 (including the cost of the management fee). Wes also pointed out that when the District had a short term investment of $250,000 mature; BNY Mellon’s suggestion was to place these funds in another U.S. Government Agency instrument that would yield 1.20% for years, plus BNY Mellon’s Management Fee of 0.20%. Wes contacted Wells Fargo and learned that the District could place the same $250,000 in an FDIC insured CD at 2.10% for five years and pay no management fee on the funds. Wes also informed the Board that as the economy improves, agency yield could again exceed what is available in CD’s, however, if the District wanted to invest in Agencies or U.S. Treasury Notes, the District could get the exact same instruments with slightly better yields through Wells Fargo without paying the 0.20% management fee. All investments placed with Wells Fargo would be handled using the Investment Policy adopted by the District and the level of security would not change.
    
    Wes answered questions from the Board stating that he had spoken with several other investment houses, but that there would be no fees through Wells Fargo; the District’s invested funds would be staggered, so money would be available when required; and that the City of Mesquite is also planning on taking their investments from BNY Mellon to Wells Fargo. Wes also mentioned that he was recommending that the District transfer all their investments from BNY Mellon to Wells Fargo Institutional Securities.
    
    Mark McEwen made a motion to move all of the District’s invested Securities from BNY Mellon to Wells Fargo Institutional Securities. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    7. For Discussion & for Possible Action – Consideration and possible confirmation that the Board only need approve expenses over $2,500 for non-budgeted, non-emergency items, and those that require funds to be shifted from one District account to another.
    
    The District’s operating rules state that the General Manager has authority to approve all expenses that have been budgeted. Ken stated that Wes Smith had questioned why certain items were placed on the agenda for approval by the Board when the item was approved through the budget process. Ken mentioned that there has been some history that made it rational for the Board to request closer oversight; however the District now has a regular staff accountant who has proven himself many times in the recent months to have the District’s interests as his priority. Ken would like confirmation that if an item is budgeted, then the staff has approval to arrange and pay for that material or service. As before, if a non-emergency expense over $2,500 is proposed, or one that requires a shifting of funds from one account to another, then Board approval should still be sought. Ken would also like to reserve the option to place budgeted items of special interest on the Board agenda if he believes that they warrant discussion and input from the Directors.
    
    Wes mentioned that his intentions for the next budget process would have the Board members very involved and much more informed than in previous years.
    
    Bo commented that he wanted to make sure the District was legally compliant with NRS 332 and 338 regarding purchasing. Bo also thought the amount the general manager could approve should not go over $25,000; and that the resolution to change should also mention that it would supersede all other previous resolutions in regards to the general manager’s purchasing.
    
    There was further discussion with Board members expressing their approval of changing the policy and discussion of what amount to approve.
    
    Mark McEwen made a motion authorizing the General Manager to purchase only budgeted items over $2,500, but not to exceed $25,000, without prior Board approval; and that this resolution would supersede all prior resolutions and governing documents subject to the General Manager’s authorized spending amount. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    8. For Discussion & for Possible Action – Discussion of the scope of the District’s responsibility for water lines and the District’s ownership of water meters and appurtenances. Mesa Townhomes is an example of an HOA that has a 6” main line entering it with numerous smaller lines branching off of and dispersed throughout the HOA’s common areas. Staff suggests confirmation of a current policy that the District will service only those water lines that are located within express easements and rights-of-way which have been duly recorded with the Clark County Recorder. Staff also recommends wording changes to the District’s Standard Specifications and Operating Rules, Regulation & Rates to confirm that the District owns only the water meters and related appurtenances regardless of their locations. Possible actions may include confirming the policy and approving potential wording change(s) to District’s rules, regulations, and specifications consistent with the decisions of the Board.
    
    Ken’s memo to the Board explained that the District is only responsible for water system facilities installed on public property and in utility rights-of-way and easements. The District’s policy has thus been for District responsibility to terminate at the end of the unobstructed public utility easement, the water meter, or backflow prevention device, whichever comes first. Easements are usually under streets, but may also extend to the perimeters of a development, along special open corridors, or in the first several feet adjacent to the streets; and these are places where the District normally installs meters and/or backflow prevention devices. Regardless of the location, the District does own and will service the flow meter, box, and setters. When those devices are far from the curb, then the District’s specs section clarifies that the piping under areas such as sidewalks, driveways, structures or landscaping is not the District’s responsibility. Ken explained the difference in a master metered project such as Rock Springs and private property with individual meters, not in an easement, as Mesa Townhomes and the District’s responsibility to these properties. Mesa Townhomes has no utility easements under the private drive or through the common areas. Ken then explained that Mesa Townhomes have 54 homes with beautifully landscaped common areas. There is a 6” water main under the street with 2” and 1½” lines coming off of this main that course through the complex, under carports, streams, trees, and sidewalks. From these small lines extend the ¾” laterals to each residence’s meter and service. According to the design drawings, the utility easement for this complex is only a 10’-wide perimeter area - there are no utility easements under the private drive or through the common areas. According to this definition in the District’s Design Standards and Specifications, the District would abdicate responsibility at the edge of Mesa Boulevard where the line goes through the utility easement. The District should certainly not indicate ownership or responsibility for the other lines in this development, which are not designed to District standards, accessible with heavy equipment, or without obstructions. In the interest of consistency with the other HOAs and service to the community, staff would be willing to cement a commitment to maintaining the 6” main that is under the private road in Mesa Townhomes. To facilitate this, staff recommends that Mesa Townhomes grant and a public utility easement following the path of their private Mesa Springs Drive.
    
    Ken further mentioned that the VVWD Specifications under Section III.I “Responsibility of District” it says that, “The Virgin Valley Water District will not be responsible for water mains, service laterals, water meters or other water system appurtenances located on private property, including operation, maintenance, repairs, replacements or other required water related activities.” This is inconsistent with District policy, in that meters and other water system appurtenances are owned and serviced by the District. Ken proposed updating Spec Section III.I to read instead, “Except when in approved utility easements, the VVWD will not be responsible for water mains or service laterals located on private property, including operation, maintenance, repairs, replacements or other required water related activities. The District will maintain ownership and responsibility for meter boxes, setters, meters, and backflow devices whether on public property, easements, or private property. Acceptable locations and access for these are outlined elsewhere in the specifications.” Then insert a paragraph break and continue the text as it currently reads in the specifications. Ken also proposed to change the VVWD Operating Rules, Regulations & Rates, Section VI-2.g. from “Responsibility of the District will end at the property line.” to “Distribution system responsibility of the District for each customer terminates at the end of the water utility easement, the flow meter, or the backflow prevention device, whichever is most upstream.” Ken would encourage Mesa Townhome HOA to get a utility easement through the street for the 6” main and relocate their meters to the curb. Ken also suggested that Mesa Townhome include sewer easement with the utility easement.
    
    Mr. Dowding representing the Mesa Townhome HOA explained the problems they are having with leaks occurring within their system and not having the manpower, expertise or equipment to fix the leaks and requested assistance from the District. Ken stated that he was going to look into the District employees doing other work or assisting in fixing leaks. Bo stated that they have reviewed the enabling statutes and the only way the District could do this would be if the District was acting to preserve or conserve water, our natural resources.
    
    There was further discussion regarding other properties and HOA’s and the District’s rules and regulations. Gina Yenser questioned if Mesa Townhomes CCR’s should be changed. Bo stated that they should check with their CCRs and see what they say about public utility easements. Barbara Crocker asked if the District didn’t have insurance to take care of and was informed that this would not have been the District’s responsibility.
    
    Bo stated that he would like to make a few things clear before the District would be able to assist Mesa Townhomes, or any other HOA or customer with these complications: 1. Easement must be recorded and the map identifying the location and nature of the easement must be signed off and approved by the District; 2. Installation must be constructed and installed per the District’s Specifications; and 3. It must be readily accessible and unobstructed. Karl asked Bo if it might not be easier if legal counsel was given direction in the motion to prepare a written policy for utility easements and bring back at the next meeting for final approval.
    
    Mark McEwen made a motion directing legal counsel to write a policy in regards to utility easements with the items that have been discussed and in Ken’s memo; and to bring back to the next meeting for final approval. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    9. For Discussion – In the workshop on November 3, 2011 regarding the District’s Secondary Feasibility Study, copies of the report were presented to all of the Board members. Engineers from Forsgren will be available at this meeting to answer questions on the report and the Secondary Feasibility Study.
    
    Attached to this item were changes to the Secondary Water Feasibility Study by Forsgren. The revised cost data are still very rough estimates, but the cost relationships for the alternatives are likely to stay in place. In Ken’s opinion, the research and calculations are conservative, safe, and reasonable for high-level planning such as the Board is engaged in now. Ryan Wheeler with Forsgren was present to answer any questions before finalizing the report and signing off with engineer’s stamp. Ryan also stated that after the presentation on November 3rd, questions were asked about the figures presented and they have since been amended.
    
    10. For Discussion & for Possible Action – Presentation by Forsgren Associates, Inc. for a proposal to perform an engineering evaluation of the Bunkerville secondary water system at a cost of $18,000, which will include recommendations with system improvement costs and benefits.
    
    Ken reminded the Board that in the November 3rd workshop on the Secondary System, they revealed that there are many problems with the Bunkerville secondary water system, and discussed the need for an engineering evaluation to best analyze, quantify, and make recommendations on how to address that system. Because of the extensive work Forsgren made on the secondary water system feasibility, Ken thought Forsgren would be the District’s best alternative for performing this research. Forsgren has responded to the District’s request for this work with the attached scope and work order agreement, which Ken has spent a good deal of time with Forsgren defining and refining. Ken believes that this report will be of great value for the District and that their promised price of $18,000 is fair. Forsgren will look at four different alternatives: 1. No change; 2. Enhance water quality through targeted blending and flushing techniques; 3. Minimize potable water use by using Bunkerville Irrigation Company (BIC) water; and 4. Use BIC water and relocate facilities to the VVWD 11-acre site.
    
    Bo suggested that the contract be put into District contract language for consistency.
    
    Sandra Ramaker made a motion to forward with Forsgren Associates, Inc. for a proposal to perform an engineering evaluation of the Bunkerville secondary system at a cost of $18,000, which will include recommendations with system improvement costs and benefits; and that the contract be formalized by the District contract wording in lieu of the Forsgren contract included. Mark McEwen seconded the motion and the motion carried by a vote of 3-1 with Ted Miller opposed.
    
    11. Hydrologist’s Report
    
    Aaron had included a written report. He informed the board that he has been working on the VRHCRP/HMMP and that on the 8th he would be attending a hydrologic workgroup meeting in Las Vegas. This will be the first meeting of this group in four years.
    
    Aaron also informed the Board that he assisted the treatment and construction supervisors in coordinating the seasonal shut-off of Well No. 33 and the start-up of Well No. 32. Well No. 32 pumping rate and water chemistry are better suited for the shorter pump times and extended intervals between pump cycles encountered during the winter months. This transition will enhance seasonal operations at Treatment Plant 32. Aaron also stated that the noise at Well No. 33 is progressing and it may need to be pulled as the District did at Well No. 31.
    
    12. General Manager’s Report
    
    Ken had included a written report with significant events since his last report. Ken also informed the board that most significantly included behind his report was the three page letter of interest to the Bureau of Reclamation (BOR) for an Integrated Basin Study worth a half-million dollars or more. Ken stated that at the next board meeting on the 20th after Forsgren Associates, Inc. gives the board a presentation about what is a basin-wide water resource management plan; Ken will present to the Board more about how we are moving along on getting this coalition together and propose how we will provide technical support and get this moving along.
    
    Ken also mentioned that the landscaping has begun for the District’s conservation garden.
    
    13. Public Comment
    
    There was no public comment at this time.
    
    14. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:35 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-12-06 (.pdf 42.K)
  - 2011-11-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 15, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 15, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Kenyon Leavitt offered a prayer
    • Karl Gustaveson led the pledge.
    • Public Comment – Barbara Ellestad with the Mesquite Citizen Journal questioned if public comment for the VRHCRP should be done now or at the time the item is heard. Karl informed the public that item #8 would be opened to the public when heard.
    
    Mr. Scott Dowding representing Mesa Townhomes HOA requested to be put on the next agenda regarding the main line system that goes to the meters and where the District’s responsibility ends and the HOA’s responsibility begins. Ken explained to Mr. Dowding at what point the District’s responsibility ends; but it was determined that more time was needed for explanation and that this would be put on the next agenda for discussion.
    
    • Board Comments – Mark McEwen stated that he was glad everyone was here and would have the chance to have their voice heard on very important issues tonight.
    
    • President of Board Comments – Karl echoed Mark’s comment and further stated that this might be one of the most important decisions this Board will have to make and it should not be taken lightly and that he was glad for all the input.
    
    CONSENT AGENDA:
    
    Kenyon stated that item #7 should be pulled. Mark stated that he would like item #8 heard before item #5. Karl requested that the minutes be pulled from the November 1, 2011 Regular Meeting and be brought back at the next meeting for final approval.
    
    Mark McEwen made a motion to approve the agenda and consent agenda as listed below with the adjustments mentioned above. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. For Possible Action - Approve Agenda – Minutes from 11/1/11 Regular Board Meeting pulled and to be brought back at the next meeting for final approval. Item #7 pulled from the agenda. Item #8 will be heard before item #5.
    
    2. For Possible Action – Approve Minutes from 11/1/11 Regular Meeting – Pulled from the agenda and to be brought back at the next meeting for final approval.
    
    3. For Possible Action – Approve Minutes from 11/3/11 Workshop
    
    4. For Possible Action – Approve Bills Paid since last public meeting- $250,892.42
    
    ** End of Consent Agenda**
    
    8. Public Hearing, Discussion, and for Possible Action – Discussion and public hearing on the Virgin River Habitat Conservation & Recovery Program (VRHCRP), the District’s obligations under the Endangered Species Act, and the District’s role and financial participation in the VRHCRP. Possible action may include adoption of Ordinance IV and a corresponding fee to be assessed to new water users in order to satisfy the District’s financial and related obligations under the VRHCRP. Possible action may also include determining the amount of any fee to be imposed by the District through Ordinance IV and other conditions to address the District’s financial participation in the VRHCRP.
    
    Karl opened the item and Ken introduced the guests: Ted Koch, State Supervisor of Nevada Fish & Wildlife (F&W), Barry Stubbs and Mike Ford with Robcyn, LLC; Jeri Krueger with F&W; Jon Sjoberg with Nevada Department of Wildlife (NDOW); and Liz Bickmore and Marci Henson with the Clark County Desert Conservation Program (Multi Species Habitat Conservation Program – MSHCP). Ken proceeded to explain what back-up had also been included in the Board’s packets.
    
    Mike Ford of Robcyn, LLC gave a history and explanation of how the VVWD got where they are at now. Mike stated that this began in 1996 and 1999 with the Mesquite Lands Act (MLA), which was a federal legislation action to have the BLM sell in excess of 10,000 acres to the City of Mesquite (City). The City adopted Ordinance 270 in May of 2002 that specified that the City would pursue the development of a habitat conservation plan and F&W would allow things to progress as this plan was being developed. In July of 2002 the F&W issued a Biological Opinion (required under the Endangered Species Act (ESA)) in order to allow the land sale to go through. This document was important and specified the terms and conditions for the land sale to proceed: The City agreed to develop a habitat conservation plan and to participate in a hydrologic monitoring and mitigation program (HMMP) tied to the Virgin River. In June of 2004 this plan was initiated and scoping began. In April of 2005 the effort was expanded to include other partners, which included the VVWD and the SNWA. The ESA included species to the Virgin River that were not included in the Clark County MSHCP, and the VVWD and the SNWA are not included in the MSHCP. In July of 2005 the VVWD came to the table along with other partners; BLM, F&W, City, SNWA, Clark County and NDOW. In October of 2007 the City passed Ordinance 387 to collect an interim fee and the City began collecting $500 per gross/acre fee, in addition to the $550 for the Clark County MSHCP. In March of 2008, all participants entered into a Memorandum of Agreement (MOA) in order to establish the roles, responsibilities and participation in the implementation and development of the plan and to establish a process for a budget for the plan. Mike then explained the process of the completed draft document, public participation and timeframe.
    
    Bo asked for clarification of when Mike stated that all of the participants who signed the MOA were currently participating with the VRHCRP; but Bo’s understanding was that Clark County had stepped away from the VRHCRP, and only participates in the Clark County MSHCP. Marci Henson stated that Clark County was a participant, but they were not a permittee. Marci then explained that Clark County was a member of the Executive Committee for the VRHCRP; all Clark County conservation efforts are covered under the MSHCP; and that Clark County would help coordinate activities for the conservation actions that occur between the VRHCRP and the MSHCP.
    
    Mike Ford explained that there are only three applicants with the VRHCRP (City of Mesquite, VVWD and SNWA). There are seven participants within this plan, but only three permittees.
    
    Kenyon questioned if the City had not taken down the land from the MLA, would there still be a need for a Take Permit. Mike Ford explained that if the City did not take down the land, the City may not have required a Take Permit, but the VVWD and SNWA have activities along the Virgin River and would eventually require such a permit; but the MLA sales did require the City’s involvement. Mike gave an opinion that Takes have been occurring along the Virgin River for some time, but the VVWD has not had a Take permit issued. The VVWD became involved with the VRHCRP plan and this will allow lawful Take to occur. Mike also stated that the VVWD is not covered under the Clark County MSHCP. Mike stated that money is required for mitigation and that this is almost like an insurance policy, but it is protection for the permittee against third parties.
    
    Bo asked to clarify one thing and stated the VVWD wants to comply with the ESA and that the Incidental Take Permit would authorize the VVWD to continue to engage in activities that the VVWD is already involved in; but the clarification that Bo wants to make is, you [Mike] mentioned that Take has already occurred. Bo stated that he has read the Biological Opinion and the Environmental Assessment several times and wanted to make sure the record is clear that there are opinions that the District’s activities could impact certain species, and that those species appear to be in the area, however, the report in not definitive on a variety of issues, but the opinion that VVWD has already engaged in some kind of harm or some kind of Take; Bo doesn’t see it that way. Bo further stated that the VVWD certainly wants to comply with the ESA in doing what is necessary to obtain the appropriate permit.
    
    Mr. Ted Koch stated that he has only been working for Nevada F&W for a couple months, but that he has extensive experience in the ESA and the process. Mr. Koch stated that prior to 1982 there was no opportunity for non-federal entities to be permitted to take endangered species at all. With the 1982 amendments to the ESA congress used the term “creative partnerships” to describe what these partnerships were to be. Mr. Koch stated that in his opinion what makes a permit applicant successful is two factors: one being a genuine regulatory concern that their actions are taking ESA species; and the other is a genuine concern for the environment and leaving the world a better place for our kids. Mr. Koch stated that they look forward to working with the VVWD.
    
    After comments from the Board, Mr. Koch explained that there are risks that the VVWD faces if they do not comply with the ESA. One risk is the law enforcement side where the F&W would prosecute people for an unauthorized Take; and the second, which happens more frequently than the first risk, is third party litigation. If the VVWD does not get a permit, they would be the litigation target. If the VVWD has a permit, the Service is the litigation target.
    
    There was discussion regarding whether there have been sightings of the endangered species and Ken commented that the program was also for recovery and even though few species have been seen, with recovery, they could return. Jeri Krueger with F&W along with Jon Sjoberg with NDOW talked about the endangered/native fish, sightings, a recovery program to re-establish the native fish, and that they are working closely with Arizona and Utah F&W also.
    
    Karl asked Marci Henson with Clark County to explain the MSHCP, its funds, and participants. Marci explained that there was a $47 million fund balance expected by 2013 and that must be used for the Clark County MSHCP. The City is a permittee and has access to the MSHCP for the endangered species listed, but the VVWD is not a permittee and does not have access to the MSHCP.
    
    Bo questioned if the City could designate the VVWD as a permittee or as a “Permittee’s agent” and Marci informed Bo that he could contact the DA’s office, but that the VVWD’s activities would affect the fish in the river and the MSHCP does not cover fish. Marci explained how the funds were used and allocated through the MSHCP.
    
    A lengthy discussion ensued regarding the plan, fees, how to determine the fee to be charged, and how the funds are spent.
    
    Karl opened the item to the public.
    
    Barbara Ellestad with Mesquite Citizen Journal questioned if the cap of $550 for any conservation fee for Clark County was set by NRS. She questioned how soon F&W would issue a permit to the VVWD. She questioned if you did not know how much it would cost and there was no plan, how you can charge a fee. Barb also questioned the amount charged per/acre for conservation by Clark County, City of Mesquite and VVWD.
    
    Harold Sersland of Mesquite questioned where the F&W recovery actions could be found and if the VRHCRP committee meetings were opened to the public.
    
    Kraig Hafen of Mesquite questioned a quote that Mike Ford made earlier and thought that the fee should be implemented later after the plan was approved.
    
    Chuck Bentley with Pride Contractor’s of Mesquite stated he was in favor of the VVWD participating in the VRHCRP and moving forward with a fee and stated that a commitment has been made and all entities should honor their commitment.
    
    David Ballweg of Mesquite questioned the VRHCRP and the MSHCP plans and the endangered species covered within both plans and why were not we annexed into the Clark County plan. David questioned paying the fees before a Take Permit was issued.
    
    Ryan Wheeler with Forsgren Associates, Inc. questioned the different fees for the VRHCRP and the MSHCP and the permittees.
    
    Robert Smith of Mesquite questioned why Board members did not know about the plan and stated that they should do their work and read it. Mr. Smith also commented on the third party litigation and the genuine concern that Mr. Koch mentioned earlier.
    
    Wally McClure of Mesquite commented on government agencies.
    
    Public comment was closed.
    
    Sandra Ramaker made a motion to go forward with the VRHCRP and to set the fee at $200 per ¾” connection for Ordinance IV; this fee would apply to new customers only; and no fees would be paid from the District’s general fund.
    
    Mark McEwen stated that he agreed with a lot of what Sandra said, but that he was more inclined to support a fee that matches what Mesquite is taking and the District should charge $166 per connection. (Mesquite collects $500/acre and according to Mesquite records, it is calculated that there are 3 units per acre which also takes into account open and green space within that acre.)
    
    Sandra Ramaker amended her motion to go forward with the VRHCRP and to set the Ordinance IV fee at $166 per ¾” connection; this fee would only apply to new customers; and no fees would be paid from the District’s general fund. Mark McEwen seconded this motion and it was carried by a vote of 3-2 with Ted Miller and Kenyon Leavitt opposed.
    
    Bo asked for a couple points of clarification based on the action taken. 1. That the fee only applies to new development. 2. When the fee would become effective; immediately, after F&W’s approval of the proposed plan, or after the VRHCRP has gone through public comment period. 3. Whether F&W would provide any feedback on the Board’s action on this item. Karl asked Ted Koch of F&W if they had a response and Mr. Koch replied that they were not ready to give feedback at this time.
    
    There was continued discussion when the VVWD should begin charging the fee. Mike Ford stated that as a representative for the VVWD he did not believe the District would begin to charge a fee until after the permit was issued. Bo thought that a second motion should include that the fee will only apply to new development and commence after an Incidental Take Permit is issued.
    
    Sandra Ramaker made a motion that this fee (Ordinance IV fee) would be for new connections only and would not start until after the Incidental Take Permit is issued. Mark McEwen seconded the motion and it was carried by a vote of 4-1 with Ted Miller opposed.
    
    Karl Gustaveson called for a five minute break at 8:06 p.m.
    
    The meeting reconvened at 8:20.
    
    5. For Discussion & for Possible Action – Information regarding electronic billing, customer water use history access, and the possibility of e-mail notification of bills will be presented by Tracy Lee, District’s Information Technology (IT) specialist. The Board may continue the current policies or request research and report to the Board on additional costs and benefits expected with e-mail billing as an option.
    
    Tracy distributed a handout showing a snapshot of the District’s webpage for paying bills and explained how this site worked. Tracy stated that customers have requested that they do not want to receive monthly statements, but in order to accomplish this; the District would have to redesign the billing system. Tracy explained that the District outsources their bills and explained the process for monthly billing. The outsourcing company would have to manually pull out and throw away the monthly bill which would increase the monthly costs. Tracy recommends no changes at this time, however, if legal could provide a waiver to the customers who do not wish to receive a monthly statement; this may alleviate any liability to the District if the customer does not receive the electronic notice for any reason.
    
    Discussion ensued regarding the billing system, customers, other utilities, credit cards and costs.
    
    Direction was given to staff to look into the costs of outsourcing and to compare with other vendors, costs of updating the website, costs for software, etc. and have information available during the budget process.
    
    6. For Discussion – An opinion from the General Manager regarding water use and conservation policies in response to an August 24, 2011 letter to the Board of Directors from Ron Walters
    
    Ken stated that the intentions of landscapers is sound and we do not want to waste water in the desert. The District does have enough water at this time and conservation mandates are not required, but we need to show landscapers and customers how to have a lush landscape without using a lot of water.
    Discussion continued regarding the District’s conservation program and Ken stated that the District will lead by example when the District’s conservation garden is completed.
    
    9. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules in order to make such rule consistent with Ordinance IV if adopted pursuant to the preceding agenda item.
    
    Kenyon questioned changing anything in the Operating Rules until the Take Permit is issued. Bo commented that the Operating Rules in their present form make mention of Ordinance IV and being paid before the General Manager would sign off on the maps as Ordinance II. After the Take Permit is issued, Ordinance IV fees would be paid at the time of connection. Bo further stated that if the District wanted to be correct, we should remove mention of Ordinance IV until the District has the Incidental Take Permit and Ordinance IV is actually being charged.
    
    Kenyon Leavitt made a motion to strike Ordinance IV references in the Operating Rules Section IV-7 and adjust the meter, impact and Ordinance fee schedule to represent Ordinance IV fees when applicable. Sandra Ramaker seconded the motion and it was unanimously carried. 5-0
    
    10. For Discussion & For Possible Action – Discussion relative to a confirmation and ratification of the General Manager’s approval of $22,059.52 in change orders to the Trade West contract for pressure relief valve covers and improvements to the drain line from treatment plant and reservoir site #32.
    
    Kenyon commented and asked that in the future, could this type of item where ratifying an expense over $2,500 that has already been paid, be put on the consent agenda. Bo stated that he thought it was put on the agenda to be consistent with the VVWD Operating Rules, but did not disagree that this could be put on the consent agenda. Ken explained why these change orders occurred.
    
    Kenyon Leavitt made a motion to confirm ratification of the General Manager’s approval of $22,059.52 in change orders to the Trade West contract for pressure relief valve covers and improvements to the drain line from treatment plant and reservoir site #32. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    11. For Discussion & for Possible Action – Apply to the Bureau of Reclamation (BOR) Basin Study Program on behalf of the Virgin Valley Water District and other future stakeholders.
    
    Ken reported that we received notification that the BOR has a program in 2012 for supporting 2 to 4 basin studies, at a fifty/fifty split with BOR, with a budget of $2.5 million. After Ken, Mike Chandler and Aaron reviewed the application, they feel that the VVWD would be a good candidate for this study with three states and four counties involved. Ken worked on Nevada stakeholders, Mike Chandler with Utah stakeholders and Aaron with the Arizona stakeholders and each has received confirmation that representatives from the states mentioned would consider participation with the basin study.
    
    There was further discussion with Ken explaining how the application and basin study process would proceed.
    
    Ted Miller made a motion to apply to the Bureau of Reclamation Basin Study Program on behalf of the Virgin Valley Water District and other future stakeholders. Kenyon Leavitt seconded the motion and it was unanimously carried. 5-0
    
    7. Hydrologist’s Report
    
    Aaron had included a written report. Aaron also reported that he had the opportunity to attend a BLM workshop that was quite informative. Aaron met with the BLM representatives in our area and discussed the District’s ROW’s and permits and also feels more comfortable using the BLM data base.
    
    Aaron also mentioned that he, F&W and SNWA took a field trip today through the Virgin River corridor and that he has also been working on the BOR grant proposal.
    
    8. General Manager’s Report
    
    Ken had included a written report with significant events since the last Board meeting. Ken also informed the Board that most of his time has been working on the VRHCRP, litigation matters and BOR’s letter of interest in the basin study.
    
    9. Public Comment
    
    There was no public comment at this time.
    
    10. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 9:15 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-11-15 (.pdf 43.K)
  - 2011-11-03: Work Session Board Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 3, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on November 3, 2011, at the Virgin Valley Water District Office at 9:00 a.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Sandra Ramaker. Also present from the VVWD were Kenneth Rock General Manager, Aaron Bunker District Hydrologist, Wes Smith District Accountant and Mary Johnson taking minutes. Also present were members of the Forsgren Associates, Inc. team; Rudd Conover, Ryan Wheeler, Randall Johnson, Gary Ashby and Brett Housley, and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 9:12 a.m.
    • Kenyon Leavitt offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – There was no public comment at this time.
    
    1. For Presentation and for Discussion – Forsgren Associates, Inc. will make a presentation for the Secondary Water Feasibility Study, including suggestions for steps to be undertaken.
    
    Ken began with a brief introduction and thanked the Board for allowing this project to go forward. Ken also stated that this presentation would be extremely long if all the information was presented, but that the way Forsgren has arranged for the presentation that questions can be asked at any time and they are able to switch back and forth between screens very easily. Karl also thanked Forsgren for the number of representatives present and that they must have taken this project very seriously.
    
    Rudd Conover, Division Manager and Principal with Forsgren Associates agreed with Karl’s statement that they have taken this project very seriously. Rudd continued to introduce his team; Randall Johnson, Gary Ashby and Brett Housley (arriving a little late) and Ryan Wheeler who would do the presentation.
    
    Ryan Wheeler began the presentation and stated that their task was to see if a secondary water system was feasible. Ryan began with some background information and reviewed the total groundwater allocated to the District; the ownership of the Virgin River water; and the quality of the Virgin River water. Ryan further explained their approach, stating that their projections were figured to a full build out, which would require 3 ERUs/acre. Ryan stated that this followed the City’s density figures. Based on these figures, the District will require 35,163 ERUs (equivalent residential unit) for a population of approximately 85,000 people. The District’s current available ERUs are 13,350; this would need to triple to meet a complete build out.
    
    Ryan then reviewed their assumptions, alternatives and costs. Ryan stated that their preferred alternative would be alternative number 1 listed and not to implement a secondary water distribution system throughout the community at this time and to continue to develop the existing secondary service that is provided to large volume users. This alternative has the lowest capitol costs and scored the highest in the decision matrix. The preferred alternative has a total estimated capital cost for secondary water of $0 and an estimated capital cost for potable water of $79,530,000.
    
    Ryan discussed Basin 222 that is shared with three states and Forsgren is highly recommending that an Integrated Management Plan with Nevada, Utah and Arizona be formed as soon as possible.
    
    Ryan then reviewed their current recommendations with forming the Integrated Water Resources Management Plan as their number one recommendation.
    
    A break was taken at 10:35 a.m. and the workshop resumed at 10:50 a.m.
    
    2. For Presentation and for Discussion – The General Manager will present a report on the problems of the Bunkerville Secondary System and possible actions to resolve them. The Board may consider and discuss research to assess the problem. Staff could research and return with a consultant’s estimate to produce a full study with recommended actions and costs.
    
    Ken had included a written report on the Bunkerville secondary water system and reviewed the problems that have occurred, and are currently occurring within this system. The secondary system, as is, requires 60% potable water combined with the secondary water so as not to kill the vegetation. Due to bacterial growth in the distribution piping, the secondary system is running completely on potable water at this time.
    
    Ken then reviewed the actions that have been taken thus far with this system; and then further apparent required actions to happen in the future.
    Ken answered questions and there was further discussion with some suggestions and possibilities. The time frame and costs were also discussed.
    
    After further discussion it was suggested that the District work with Forsgren to come back with a scope of work with a cost estimate for a full investigation with correction alternatives; and to continue to monitor the water quality.
    
    3. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 11:28 a.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Work Session Minutes: 2011-11-03 (.pdf 24.K)
  - 2011-11-01: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 1, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 1, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Mark McEwen offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – Barbara Ellestad with the Mesquite Citizen Journal commented on the VRHCRP and stated that she has done some research regarding the Mesquite Agreement signed in 2008 and its discrepancies with the Clark County Multi-Species Habitat Conservation Plan (MSHCP) signed approximately in 2001. Barbara stated that she had spoken to Marci Henson, Program Manager for the MSHCP, also called the Clark County Desert Conservation Program (aka “the tortoise fund”). Barbara stated that the VRHCRP was to be developed by the City of Mesquite for federally listed species not covered under the MSHCP. The MSHCP covers the yellow-billed cuckoo and Southwestern willow flycatcher birds, which are also in the VRHCRP. Barbara further stated that Marcie had informed her that all municipalities in Southern Nevada, including Mesquite are participants of the MSHCP; and that Mesquite is the only city or town in Southern Nevada charging an extra fee for any type of conservation for the same land where fees are paid to Clark County for the MSHCP. Barb also stated that Marcie informed her that there was $47,000,000 in the MSHCP account that Mesquite should be able to access.
    
    Harold Sersland stated that he has been in the water business for over 50 years and after reading the agreement and the Fish & Wildlife (F&W) opinion, he doesn’t understand why the City of Mesquite or the VVWD would be involved in this agreement.
    
    David Ballweg also commented on the VRHCRP and stated that Mesquite pays $550/acre to the MSHCP and $500 to the VRHCRP and then VVWD will collect $200 for the VRHCRP; all for the same land. David further stated that the MSHCP covers the Virgin River in this plan and Mesquite/Bunkerville should be able to use the 47 million dollars for the repair of the Bunkerville Diversion if the Virgin River is specifically mentioned within the MSHCP.
    
    • Board Comments - None
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the agenda and consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 5-0
    
    1. For Possible Action - Approve Agenda
    
    2. For Possible Action – Approve Minutes from 10/18/11 Regular Board Meeting
    
    3. For Possible Action – Approve Financial Statement for September 2011
    
    4. For Possible Action – Approve Bills Paid since last public meeting- $34,131.96
    
    ** End of Consent Agenda**
    
    5. For Presentation – Presentation by Aaron Bunker showing the three rain gauge sites for Basin 222 and our recent land-based (non-helicopter) accesses.
    
    Aaron stated that this presentation was based on three day trips to the rain gauge sites on ATV’s (4-wheelers and dirt bike) in lieu of a helicopter as used in the past. Aaron visited Virgin Peak, Jack’s Pass and Square Top. Aaron had pictures of accessing each site and reported how far a truck could travel; distance for the ATV’s travel; and the amount of hiking required for each site. Aaron showed photos of the District’s mountain water rights: Seep Spring (19 afy); Dud Spring (72 afy); and Nickel Creek Stream (2,154 afy) as he accessed the rain gauge sites; and also explained how the rain gauges operated. Aaron returned to collect water samples from these sites at a later date.
    
    Ken stated that this would also not be possible without staff being as athletic as Aaron and Cameron. Aaron answered questions from the Board and public.
    
    6. For Discussion & for Possible Action – Consideration to approve up to $9,000 to purchase a “quad” style off-road 4-wheeler(s) to allow for access to the rain gauges without the use of a helicopter.
    
    Ken stated that the District has spent lots of money on helicopter flights to access these sites in the past and that we paid $960 rental for two quads for these three trips. Ken further stated that a quad could also be used for accessing well sites or inspections in more remote areas.
    
    Aaron stated that he is not quite sure which route to go as far as a side by side; one 4-wheeler for two people; two 4-wheelers; new versus used; and either having to use a trailer versus fitting into the back of a pick-up truck. Two staff members would be required to access the sites together for safety reasons.
    
    Wes Smith stated that we were looking at re-routing budgeted funds that would have been used for helicopters, to now, a capital purchase; and although we would be changing the budget category, funds have been allocated and are available in the budget for this purchase.
    
    The pros and cons of different ATV’s and transporting the ATV’s were discussed.
    
    Mark McEwen made a motion to approve up to $9,000 to purchase a “quad” style off-road 4-wheeler(s), at staff’s direction, to allow for access to the rain gauges without the use of a helicopter. Kenyon Leavitt seconded the motion and it was unanimously carried. 5-0
    
    7. For Discussion & for Possible Action – Consideration of a potential settlement offer from the Defendant(s) to resolve the Water District’s claims related to the alleged defective “Bruiser” pipe in connection with the current litigation captioned as Virgin Valley Water District vs. Vanguard Piping Systems et al.
    
    Karl Gustaveson stated that the District was anticipating having a settlement to talk about, but at this point and time it is still being worked on, so this item will be pulled from the agenda.
    
    8. Public Hearing, Discussion, and for Possible Action – Discussion and public hearing on the Virgin River Habitat Conservation & Recovery Program (VRHCRP), the District’s obligations under the Endangered Species Act, and the District’s role and financial participation in the VRHCRP. Possible action may include adoption of Ordinance IV and a corresponding fee to be assessed to new water users in order to satisfy the District’s financial and related obligations under the VRHCRP. Possible action may also include determining the amount of any fee to be imposed by the District through Ordinance IV and other conditions to address the District’s financial participation in the VRHCRP.
    
    Ted began by stating that several years ago the City of Mesquite built a landfill north of the City and in order to prove that there would be no impact on the aquifer from this landfill, research was conducted and monitoring wells were installed. The outcome showed no proof of impact to the aquifer and the City was allowed to build the landfill. In Ted’s opinion, he believes Fish & Wildlife should show proof that the District drilling wells would affect the surface water and the species listed on the HMMP.
    
    Kenyon had a couple questions for Bo from public comments. Kenyon questioned the $47,000,000 and if this was available for this area. Bo stated that he had stepped out and called Barry Stubbs, but he didn’t know; and Mike Ford is unavailable.
    
    Kenyon also asked if Mesquite could have just accepted the Clark County plan and not issued their own plan. Bo explained that when the BLM agreed to sell the land to Mesquite, the BLM was required to comply with the Endangered Species Act (ESA) and other federal legislation. Fish & Wildlife prepared a biological opinion in connection with BLM selling this property to the City of Mesquite, the City had to take the land subject to certain conditions; and one of those is compliance with the ESA that the Board is discussing now.
    
    Bo began discussing the Clark County Multiple Species Habitat Conservation Plan (CCMSHCP); endangered species in the CCMSHCP and the two that are also in the VRHCRP. Discussion ensued regarding the collection of money from the different agencies for the same land; the different plans; the two endangered species covered under both plans; the $47,000,000 in the CCMSHCP and any potential availability to Mesquite and the possibility of covering the reconstruction of the Bunkerville diversion through the funds from the CCMSHCP.
    
    There was continued discussion regarding the fact that F&W was not responsible for preparing the plan; that the participants develop the plan; money expected to be collected under the plan; the signed Memorandum of Agreement in 2008; and the District’s responsibility under the VRHCRP.
    
    Bo explained F&W’s position under what circumstances the Water District could be required to impose a fee when it hasn’t yet been proven whether or not there is a conclusive impact on the Virgin River or the endangered species listed in the VRHCRP. Bo stated that after reviewing the ESA, and specifically Section 1539(g), where it talks about the burden of proof that a party must prove that they either have an incidental “take” permit or are exempt. Bo further stated that the law states that you cannot negatively impact one of these endangered species. The burden is on the person engaging in the activity to show that they have a permit, are exempt, or are not harming that species. The biological opinion from F&W says that they believe that these species are in our area; F&W acknowledges that the connection between pumping groundwater and surface flows on the Virgin River is inconclusive because they do not have substantial data; and F&W has a whole list of unknowns of what the impact might be. Nevertheless, it is the F&W’s opinion that it is appropriate that certain measures be taken to mitigate damage to these endangered species and F&W’s position is that it is not F&W‘s job to prove to VVWD that VVWD is harming species before VVWD participates in the VRHCRP. Bo explained his understanding of the ESA, including Section 1539(g), is that the person claiming to be exempt from the ESA, or the person claiming to have a permit to engage in that activity that is incidentally causing harm to these endangered species, has the burden of proof.
    
    Bo read directly from Section 1539(g) –… any person claiming the benefit of any exemption or permit under this chapter shall have the burden of proving that the exemption or permit is applicable, has been granted, and was valid and in force at the time of the alleged violation.
    
    Bo then explained the potential liabilities, legal implications and significant penalties if the District does not comply with the ESA and is determined to be in violation.
    
    A very lengthy discussion ensued between the Board and the public regarding the two plans; participants in each plan and that the VVWD is not listed as a “Permittee” in the CCMSHCP; the specific endangered species identified in each plan; the amount of fees believed being collected by the different participants; and the impact on VVWD and its rate payers of charging $200 per residential unit compared to the potential legal liability if the VVWD does not comply and is determined to be in violation of the ESA. Violation of the ESA amounts to $25,000 per violation. One board member mentioned that there might be an option for the VVWD to opt out of the ESA, but the VVWD would have to prove that there are no impacts, so it is still going to cost money to the District no matter what.
    
    There continued to be discussion, questions, and answers regarding the Executive Committee and the progress on the VRHCRP thus far and any amounts of money planned to be spent.
    
    After further discussion, Mark stated that he was against growth and would not have signed the Memorandum of Agreement, but it has been signed and the legal implications of not moving forward could be much worse.
    
    Bo read from the Environmental Assessment (EA) where it does report that the District had a well in the upper aquifer that has since been abandoned, because it did not meet drinking water standards; and water from that particular well had the same attributes as the Virgin River. However, no similar finding has been made concerning the lower aquifer.
    
    Ken stated that SNWA has a lot more lawyers, time and money and SNWA has advised Bo that you are not getting out of this. There was further discussion that the Board should wait to vote on this until all questions are answered. Sandra read the minutes from 8/5/08 where a motion was passed 4-0 to move forward with the VRHCRP and that VVWD would adopt a fee through Ordinance IV and charge $550 per meter connection; and questioned why that price passed then with no questions asked, but now $200 could not pass. Discussion continued regarding fees that the District charges and other charges from other entities.
    
    Bo commented that he doesn’t believe that the VVWD is covered under the Clark County plan, but all questions should be answered, and it is worth getting all the information possible to enable the Board to make the best decision they can. Bo further stated that Mike Winters did sign the Memorandum of Agreement as the VVWD’s General Manager and it is a binding agreement; but the Memorandum of Agreement does not mention of a specific amount of money or fee to be collected by VVWD.
    
    Ken suggested that there are questions that need answered and that we should have Mike Ford and possibly Marcie Henson, Program Manager for the Clark County Desert Conservation Program at the next Board Meeting to answer questions so the best decision can be made; and that staff is willing to investigate this matter further and put it on the November 15th agenda. Ken reviewed the questions that should be asked regarding the two plans (VRHCRP and CCMSHCP); who are the participants or permitee's under both plans and who is able to use the 47 million dollars in the fund; and who is covered under the CCMSHCP.
    
    Wade Paulson, LCWD General Manager, again informed the Board and public why the LCWD does not have to pay and why the three other entities in Lincoln County do pay. Wade stated that the LCWD fought the issue, but that they showed the science that they would not affect the underground rivers; and that their HCP took 12 years to develop.
    
    Kenyon Leavitt made a motion to table this item and the next item until the next meeting that Mike Ford and possibly Marcie Henson are able to be present. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    9. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules in order to make such rule consistent with Ordinance IV if adopted pursuant to the preceding agenda item.
    
    See motion under item #8.
    
    10. Hydrologist’s Report
    
    Aaron had included a written report, but informed the Board that he had been working on the items on the agenda that have already been discussed.
    
    11. General Manager’s Report
    
    Ken had not included a written report because he was on vacation. Ken informed the Board that he had been requested by the Chamber of Commerce to do a water and renewable energy presentation next Wednesday. Ken also stated that he was looking forward to doing the workshop this Thursday on the Secondary Feasibility Study along with Forsgren Associates.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:43 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-11-01 (.pdf 43.K)
  - 2011-10-18: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 18, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on October 18, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen and Board Members Ted Miller and Sandra Ramaker. Secretary-Treasurer Kenyon Leavitt and General Manager Ken Rock were not present. Also present were District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Mark McEwen offered a Prayer
    • Karl Gustaveson led the pledge.
    • Public Comment – John Willis with the City of Mesquite and the VRHCRP coordinator stated that he had public comment regarding the mitigation fee and was here to offer his assistance to the Board to answer any questions and to encourage them to move forward and pass the mitigation fee.
    • Board Comments - None
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Sandra Ramaker requested that item #4 be removed from the consent agenda and discussed separately.
    
    Mark McEwen made a motion to approve the agenda and consent agenda as listed below with item #4 being removed and discussed separately. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    1. For Possible Action - Approve Agenda – item #4 removed from consent agenda
    
    2. For Possible Action – Approve Minutes from 9/2/11 Work Session
    
    3. For Possible Action – Approve Minutes from 10/4/11 Regular Meeting
    
    ** End of Consent Agenda**
    
    4. For Possible Action – Approve Bills Paid since last public meeting
    
    Sandra questioned the check written to Draper, Gleave and asked if we anywhere near being completed from receiving billing from them. Wes Smith advised that this amount was for audit work completed in August, but the check was not written until October.
    
    Sandra Ramaker made a motion to approve item #4 ($433,618.00). Ted Miller seconded the motion and it was unanimously carried. 4-0
    
    5. For Presentation, Discussion & for Possible Action – Presentation by VVWD Accountant of the newly formatted accounting statements and consideration to approve Financial Statement for August 2011
    
    Wes Smith stated that this presentation, “Accounting for Non-Accountants” was one that Ken had put together, but since he was on vacation, Wes would fill in. Wes began by stating that accounting is dictated by GAP, General Accounting Principles, and governmental accounting standards and accountants must conform to these standards so there is uniformity within the country of how things are done. Wes reviewed the new format stating that the income statement will show the most current month’s income and expenses; year to date income and expenses; fiscal year budget; money over/under budget; percent of budget used; and the net income as a bottom line.
    
    Sandra Ramaker made a motion to approve the presentation by VVWD Accountant of the newly formatted accounting statements as presented and the Financial Statement for August 2011. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    6. Hydrologist’s Report
    
    Aaron had not included a written report due to the fact that he was out in the field retrieving data from the rain gauges at different sites. They were able to access all the sites by ATV and hiking; and without the use of a helicopter. He feels they will be able to save the District money without having to use a helicopter. Aaron and Ken will have a presentation at the next meeting regarding these trips to the rain gauges.
    
    Aaron also stated that he would begin new quarterly sampling this week and that Ken had also asked him to take water samples at some of the springs where the District has water rights.
    
    Aaron further stated that he had been working with NDEP in order to receive a completed groundwater discharge permit, since the District currently only has a temporary permit.
    
    7. General Manager’s Report
    
    Ken had included a written report, but is on vacation and not present. A question from the public was asked about the Bunkerville Diversion washing out and she thought that it had already washed out. Aaron responded by stating that it did wash out in December of last year and a temporary dyke had been put in that could handle flows up to 1,000 cfs, but with the last rain, this temporary diversion was also washed out. Aaron further stated that this temporary dyke has been replaced.
    
    8. Public Comment
    
    There was no public comment at this time.
    
    9. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:25 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-10-18 (.pdf 39.K)
  - 2011-10-04: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 4, 2011
    
    Minutes of the Annual Board Meeting of the Virgin Valley Water District Board held on October 4, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    • Kenyon Leavitt offered a Prayer
    
    • Ted Miller led the pledge.
    
    • Public Comment – David Ballweg of Mesquite stated that he would like to be recognized when the Board discusses item no. 5 regarding Ordinance IV and the VRHCRP
    
    • Board Comments – Sandra Ramaker read a letter given to her from Ron Walters who stated that he had contacted the District via website about one year ago regarding receiving a monthly statement on-line in lieu of the U.S. Mail Service as other vendors whom he receives bills from to help save paper; and he also stated that he has never received a response back from the District on that request. Mr. Walters also commented about the over watering from homeowners and HOA’s and stated in his letter that in his opinion to save water in Mesquite that the landscapers should be contacted and told how to manage sprinklers to save water.
    Staff was directed to bring this letter back for discussion at the next board meeting.
    
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. For Possible Action - Approve Agenda
    
    2. For Possible Action – Approve Minutes from 9/20/11 Regular Board Meeting
    
    ** End of Consent Agenda**
    
    3. For Discussion & for Possible Action – Presentation of Annual Audit for Fiscal Year Ending June 30, 2011 by Wisan, Smith, Racker & Prescott
    
    MacRay Curtis (Mac) distributed the final version of the District’s Financial Statements while Val Overson made introductions, including Bryce Wisan from the Las Vegas office, and information about their firm. Val stated that the process to produce this document is more important than the product. Val continued to thank the Board for the opportunity to work with the District and congratulated the District on their actions to shift the District’s direction from rapid expansion to economy and stability. The full impact of these changes will be seen in the next fiscal year, although 2011 already shows a significant shift in the balance of revenues and expenditures.
    
    Mac presented the report and stated that he was very impressed with inventory and how it is handled. Mac stated that after working with the District and realizing what issues that have been dealt with in the past; they were very impressed with how those issues have been handled and the improvements made by the current leadership. The District has done a good job of handling controls and getting back on an even track. The firm has given the District a clean opinion on the financial statements. Mac continued to the Management’s Discussion and Analysis within the report explaining the financial highlights and the actions taken to make changes and the conditions that led to having to make these changes. The report included the District’s financial analysis as a whole, but was not gone into detail by Mac. Mac reviewed the Statement of Net Assets and the difference between the FY2010 audit and the current FY2011 audit. Mac reported that their firm did not identify any deficiencies in internal control over financial reporting that they would consider to be material weaknesses. The firm did do a single audit because Federal funds were involved from reimbursement from the ACOE with the arsenic project. The report at the financial statement level for the single audit found nothing in internal controls that gave them any heartache and they found no problems at that level. Mac then reviewed the single audit report and stated that they had a couple notes on internal controls. Mac stated that when he brought these notes up with Ken, Ken responded immediately and Mac was impressed with Ken’s response that was included for review. The District was aware of the Nevada law of paying prevailing wages for amounts over $100,000; but the District was not aware that when receiving federal funds, they must pay Davis-Bacon wages for anything over $2,000. The summary of the single audit results were reviewed. Mac also noted that the District was not aware that before contractors are awarded any project that they would receive federal funds; the District must make sure that the contractor has not been debarred or suspended by the federal government. There is a website to retain this information. Mac stated that no contractors that the District awarded bids to were found to be suspended or debarred from the federal government.
    
    Kenyon Leavitt made a motion to accept the audit as presented by Wisan, Smith, Racker & Prescott for fiscal year ending June 30, 2011. Sandra Ramaker seconded this motion and it was unanimously carried. 5-0
    
    4. For Discussion & for Possible Action – Consideration to approve $7,715.00 for funding the Demonstration Garden at the District offices
    
    Pete had included a letter with bids and a landscaping plan. Kokopelli Landscaping is the low bidder with a bid of $7,715.00.
    
    Mark McEwen disclosed that Kokopelli Landscaping is partly owned by his brother-in-law and he will be abstaining from this item.
    
    Ken stated that he has spoken with Kokopelli and their bid includes replacing the irrigation system and removing some old plants. Kokopelli also wants this to be a show piece since their name will be attached to it. Ken further stated that his wife has some influence with Kokopelli and that they are willing to modify the scope of work somewhat and that he has also spoken to Odyssey Landscaping and that they are willing to modify their current contract to keep it looking nice.
    
    All plants will have the common and scientific names posted.
    
    Sandra Ramaker made a motion to approve $7,715 to Kokopelli Landscaping for the Demonstration Garden at the District offices. Ted Miller seconded this motion and it was passed by a vote of 4-0 with Mark McEwen abstaining.
    
    5. For Discussion & for Possible Action – Discussion of the Virgin River Habitat Conservation & Recovery Program (VRHCRP) and the District’s role and financial participation. Possible action may include adoption of Ordinance IV. Possible action may also include determining the amount of the fee to be imposed by the District through Ordinance IV and other conditions in order to address the District’s financial participation in the VRHCRP.
    
    Karl Gustaveson gave some background information and based on the recent workshop, the District was currently considering an Ordinance IV fee of $200 per EDU (equivalent dwelling unit) and that the Fish & Wildlife (F&W) have also tentatively agreed to this amount.
    
    Sandra Ramaker read a statement that she had prepared stating that she believes that the District must support the VRHCRP and that the District must move forward and adopt Ordinance IV as soon as possible along with the reasoning for her opinion.
    
    Ted Miller stated that he was against this Ordinance and gave the reasoning for his opinion, saying that it was a burdensome tax.
    
    Kenyon Leavitt stated that since the last meeting he has talked to a few people and had some questions. Kenyon made a statement regarding the first time F&W came to a District meeting and told the District that if they did not collect this fee the District would not get another permit; Clark County was supposed to be involved with this plan and they are not; developers in Mesquite must pay the City and the VVWD for the same fee and this is “double dipping”; and F&W cannot come up with a specific fee amount that the District should collect, how they are going to spend the money, or when the plan will be approved.
    
    Karl explained that this all began with the BLM land take down and explained why the City and the VVWD require a take permit to build and take more water from the ground respectively. Discussion continued as to why the District has not yet finalized its portion of the plan; the program not being approved as of yet by any entity as a final agreement does not yet exist; who will actually spend the money; and where is the plan currently. Karl stated that the City and the VVWD must submit a plan, which hasn’t been completed. Once plans are submitted from the different organizations and all approved with the F&W, the VRHCRP will be approved. The plan will state how the City and the VVWD plan to spend the money collected through their ordinances and that will be approved through the executive committee that Ken will sit on. Karl also stated that the District will be reimbursed for monitoring wells and possibly other projects included in the plan.
    
    After a heated discussion regarding the F&W, the item was opened to the public. Comments were received from David Ballweg and Barb Ellstead regarding the impact of this fee and developers in the community.
    Mark questioned a couple of Ken’s statements and Ken stated that he has read reports where businesses have been sued because they did not comply with federal regulations. Mark asked for legal counsel’s opinion on where the District stood regarding those type of suits.
    
    Bo began by stating that when Bingham & Snow became involved in this, the District was already heading down this road to pass the VRHCRP. Bo further stated that if it is this Board’s intention to potentially avoid this fee or tax, he doesn’t think that it would be appropriate to just not collect it. Bo stated that he thinks there would be something that the District would need to attempt to do affirmatively to address the issue properly and that he does believe this stems from Section 10 of the Endangered Species Act and that pursuant to that Federal Law that has been approved, it was legal for BLM to put some conditions on the acquisition of this property. From a legal perspective, Bo would like the District to be very careful not to violate that law. If the Board were to decide to attempt to not charge this fee, the Board should approach it in a way that doesn’t lead to more liability. Bo stated their firm could do research; see how best to approach it; and see if there is a way to legally avoid the fee, but he would be opposed to anything that would violate an agreement that already exists. Bo further stated that if the Board decided to go forward and charge this fee, legal could seek to tailor the agreement to address some of the Board’s concerns.
    
    Further discussion continued regarding the amount to collect and how to determine that amount; the government and how it operates; the Habit Monitoring & Mitigation Plan (HMMP); the F&W estimates of the money the District will collect and a reasonable amount that may be collected.
    
    Wade Paulson, Lincoln County Water District (LCWD) General Manager, stated that Lincoln County’s HCP (habit conservation plan) began ten years ago and has just been completed this past year. Wade stated that he and Lincoln County agree 100% with statements and concerns of the VVWD Board, but that you must have a plan in place that you develop yourselves. Wade stated that they do have stakeholders including the City of Caliente and the Union Pacific Railroad. The LCWD does not collect fees for this plan, only Lincoln County through the HCP GID (General Improvement District), which current property owners are taxed within the HCP.
    
    A lengthy discussion ensued regarding the committees and members of each committee that would oversee how the funds would be spent; the difference in Ordinance IV and the VRHCRP; concerns of what you are paying for; what impacts the F&W may say that the District is having on the endangered species in the river and then potentially even attempting to take away water from the District that the State Engineer has allocated to the VVWD; and a reasonable plan and reasonable costs. Bo stated that the District may be able to put provisions into the contract to address some of these concerns.
    
    Discussion continued on the amount to charge; how the tentative amount came to be; why that amount is being considered to be charged; and what is the District’s impact on the habitat. Wade Paulson stated that if you write your plan then you can justify the amount you charge. Bo stated that he has been making notes for contract provisions that may be negotiable and discussion continued on how to proceed. Bo further stated that this has been dragging and the District should act quickly and professionally, and get it right.
    
    Further discussion continued regarding the impact the District has on the river from water drawn from the aquifer; the endangered species; and where these impacts are reported or where data can be found regarding these impacts. Bo stated a workshop may be in order, but the District needed to obtain all the information and data available so the Board could go into the workshop prepared. It was discussed and determined that any questions the Board may have that they would like to have addressed so that they can best determine an appropriate fee should be directed to Aaron Bunker; but that Aaron should simply collect the questions and concerns in order to put together a master list of issues and concerns to seek to gather information and which can be addressed in the workshop. Aaron was directed not to return comments to a Board member or discuss any Board member comment with any other Board member so as to be fully in compliance with the Open Meeting Law.
    
    Mark McEwen made a motion to table this item along with item #6 until the first meeting in November, 11/1/11. Ted Miller seconded this motion and it was passed by a vote of 3-2 with Karl Gustaveson and Sandra Ramaker opposed.
    
    6. For Discussion & for Possible Action – Consideration of revisions to Section IV-7 of the District’s Operating Rules, Regulations & Rates (Operating Rules). Possible action may include amendment or revision of Section IV-7 of the Operating Rules to make such rule consistent with Ordinance IV
    
    See motion made under item #5. This item was not discussed based on the board’s action taken on item #5.
    
    7. For Discussion & for Possible Action – Consideration of proposed amended settlement agreement with the U.S. Bureau of Land Management (BLM) to resolve trespass issues associated with the White Rock well site (Well #30). Possible action may include authorizing the General Manager to execute the proposed amended settlement agreement with the BLM.
    
    Bo began by stating that this item concerns the trespass issues raised by the BLM relating to the extension of the fence location as well as the communications tower. But this particular settlement only addresses the claimed trespass relating to the fence. The BLM Right-of-Way (ROW) that the District had on this property covers two things and the BLM claims the District exceeded their ROW by constructing a tower and by extending the boundaries with the placement of the fence. The District set out to settle this issue over a year and a half ago by paying over a $24,000 settlement, but this settlement was not able to be fully consummated because of the Rebel Communications law suit. Bo further stated that the BLM has been patient because of the help from Robcyn and have not pushed this issue for quite a while; however, they do want to resolve this trespass as it relates to the extension of the fence. This means the BLM will be okay with the ROW encompassing the land where the fence is located. As part of the settlement agreement, the BLM is accepting the settlement of $24,000 that the District has already paid and will require no additional funds to resolve the fence related trespass. Also, the scope of the outstanding issues related to fence.
    
    Ken stated that he spoke with Katrina Williams with BLM and she stated that some modifications to the letter were required and advised Ken to adjust the letter to only address the trespass issue with the fence.
    
    Ted Miller made a motion authorizing the General Manager to execute the proposed amended settlement agreement with the BLM. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    8. Hydrologist’s Report
    
    Aaron included a written report and stated that he has been gearing up for the precipitation gauge site visit. Aaron has also been spending a great deal of time working on the HMMP documents. Aaron also mentioned that he was working with a company to get a quote on outfitting the sites for continuous monitoring.
    
    9. General Manager’s Report
    
    Ken had included a written report and added a picture of the area coming off of site #32 where the discharge line has been installed. Ken mentioned that there would be a workshop on Thursday on the Bunkerville diversion dam. There was supervisor training presented by Bill Zelinski with the Pool Pact that was informative.
    
    Aaron and Ken had hiked to Mica Notch Spring but it was not flowing well and the water did not taste good; will try going again in the spring.
    Ken also stated that Pete and Wesley were very helpful at site #31 in looking at re-circulating the water from the treatment plant so that it can be reused and not all go to waste; approximately 1.5 af/yr.
    
    10. Public Comment
    
    There was no public comment at this time.
    
    11. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:46 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-10-04 (.pdf 39.K)
  - 2011-09-29: Work Session Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 29, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on September 29, 2011, at the Virgin Valley Water District Office at 9:00 a.m. Attending were President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen was not present. Also present from the VVWD were Kenneth Rock General Manager, Aaron Bunker District Hydrologist, and Mary Johnson taking minutes. Also present were Mike Chandler and Chris Mikell with Bowen, Collins & Associates, and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 9:01 a.m.
    • Kenyon Leavitt offered a Prayer
    • Sandra Ramaker led the pledge.
    • Public Comment – There was no public comment at this time.
    
    1. For Presentation and for Discussion – Bowen, Collins & Associates (BCA) will present their technical memorandum on the Basin 222 Evaluation and VVWD Groundwater Resources
    
    • Chris Mikell presents a summary of the report findings and recommendations.
    
    • Ken Rock discusses implications and proposes a possible plan for the facilitation of the recommendations.
    
    • Round-table discussion by board regarding the study and its ideas.
    
    • Assignments for the staff and Board opinions for potential agenda items for following Board meetings.
    
    Ken began by stating this workshop would give the Board an opportunity to discuss implications and actions recommended by BCA in regards to Basin 222 and introduced Chris Mikell with BCA.
    
    Chris began by stating that he is a hydrologist and geologist employed by BCA and continued to give background information of his self in regards to his education, employment, and personal activities. Chris also stated that Ken had hired BCA to review existing reports for Basin 222 and to validate whether they have merit and other reports from Vidler Water Company (Vidler) for Basin 221.
    
    Chris stated that the Dixon and Katzer reports showed a much higher recharge than other reports by the USGS in the 1960s. Chris stated that Vidler’s data and work in Basin 221, along with the State Engineers acceptance of that work is helpful and could provide a partial template for how to further proceed in Basin 222. Chris explained the hydrogeology and recharge of the basin. Much of the hydrogeologic characterization by the Dixon and Katzer reports is based on geophysical surveys of the study area conducted by others. Chris explained the Dixon and Katzer reports in more detail regarding the hydrogeologic characterizations and the geophysical survey results. Chris continued to review the differences in the Dixon and Katzer reports and Vidler’s conclusions. Chris gave more detail regarding each report and the recharge estimates from the different entities. Chris further stated that the Dixon and Katzer reports did not have a lot of well data to work with and recommends that the District continue to collect data.
    
    Chris stated that developing an accurate digital groundwater model of the Basins 221 and 222 is critical to verifying the District’s conceptual hydrogeologic model, creating cooperative and sustainable groundwater agreements and uses, and defending against unfavorable groundwater rights applications or uses. Chris further stated that he reviewed the model report completed by the UNLV Department of Geoscience to construct a digital groundwater model of Basins 22 and 221 and that the model developed is for use with MODFLOW. MODFLOW is a 3-dimensional finite difference groundwater flow model developed by the USGS. Chris went into more detail pertaining to the MODFLOW. Vidler has also developed a MODFLOW groundwater model for the Tule Desert and Lower Virgin River Valley Basin and BCA highly recommends that the District continue the development of a digital groundwater model for Basins 221 and 222 and to share information with Vidler and others.
    
    Chris then reviewed the District’s water rights and stated that BCA opinion is that the District does not need to pursue obtaining additional groundwater rights; since the District already has more filings for paper water than the recharge estimates support, or the State Engineer is likely ever to allow.
    
    Chris spoke of data gaps. Chris stated that the key bottom-line number – how much the perennial yield is for Basin 222- needs to be better defined and supported. The District has installed three rain gauges; however the data has not been evaluated and reported on.
    
    Chris’ recommendations were reviewed along with the conceptual costs for study phases included in table 1 of the report. Chris highly recommends that the District have a GIS system as soon as possible.
    
    Aaron Bunker commented on monitoring wells and the three participation gauges.
    
    Ken reviewed the budget and money being putting into the reserves and stated that he feels comfortable that the District is able to move forward and it could be formalized with a budget adjustment.
    The Board, staff and consultants continued to discuss the recharge of the basins; beginning a dialogue with the State Engineer; importance of data collection; the GIS system; the timeline; and how to proceed.
    
    Ken proposed to proceed by keeping BCA working with the District; acquiring GIS software, with in-house personnel to operate and not hiring additional personnel at this time; beginning communication with the State Engineer; and monitoring of wells and participation gauges with Aaron.
    
    2. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 11:34 a.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Meeting Minutes: 2011-09-29 (.pdf 24.K)
  - 2011-09-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 20, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on September 20, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Eric Wilbanks, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Mark McEwen offered a Prayer
    • Sandra Ramaker led the pledge.
    • Public Comment – There was no public comment at this time.
    • Board Comments – Ted commented that the profit/loss statement looked the best it has looked in a long while and that the District was running in the black.
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Wade Poulsen questioned if the workshop scheduled for the 29th would be opened to the public and was informed that it was.
    
    Sandra Ramaker made a motion to approve items 1-7 on the consent agenda and the regular agenda with reversing items 9 and 10 as listed below. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. For Possible Action - Approve Agenda - Items 9 and 10 reversed
    
    2. For Possible Action – Approve Minutes from 9/6/11 Regular Board Meeting
    
    3. For Possible Action – Approve Minutes from 9/13/11 Work Session
    
    4. For Possible Action – Approve Financial Statement for July 2011
    
    5. For Possible Action – Approve Bills Paid since last public meeting- $466,666.26
    
    6. For Possible Action – Approve Workshop scheduled for September 29, 2011 at 9:00 a.m. with Bowen, Collins & Associates (BCA) regarding Basin 222 Study
    
    7. For Possible Action – Approve Workshop scheduled for November 3, 2011 at 9:00 a.m. with Forsgren Associates, Inc. regarding Secondary Feasibility Study
    
    ** End of Consent Agenda**
    
    8. For Discussion & for Possible Action – Discussion of the Virgin River Habitat Conservation & Recovery Program (VRHCRP) and the District’s role and financial participation. Consideration of the discussions concerning the VRHCRP as presented in the September 13, 2011 workshop. Possible action may include adoption of Ordinance 4. Possible action may also include determining the amount of the fee to be imposed by the District through Ordinance 4 and other conditions in order to address the District’s financial participation in the VRHCRP.
    
    Ken began by stating that Eric had modified the draft Ordinance IV and that there were two different versions. Ken stated that it seems to be the opinion of Fish & Wildlife and Karl Gustaveson that Ordinance IV fees should be collected at the time service is to be provided and paid when the connection or meter fee is paid. The other version states that the Ordinance IV fee should be paid at the time when Ordinance II fees are paid before the maps are signed off on.
    
    Eric Wilbanks stated that in the District’s Rules & Regulations, Section IV-7 states that Ordinance IV fees should be paid at the same time as Ordinance II fees. If the Board desires to have Ordinance IV fees paid at the time of connection, Eric recommends that the District’s Rules & Regulations, Section IV-7 be changed also so that all Rules & Regulations and Ordinances are consistent. It was discussed that the City pays when the land is taken down and that the current draft of the VRHCRP plan states that the District’s fee will be paid at the time of connection, so requiring that Ordinance IV fees be paid at the time of connection would be consistent with the current VRHCRP plan.
    
    Karl stated that the fees the District will collect are very competitive, within $150 of what other entities in Nevada are collecting.
    
    Eric further stated that if the Board elects to have Ordinance IV fees paid at the time connection fees are paid, he would recommend that the Board table this item so that Section IV-7 of the Rules & Regulations may be changed and that there is no conflict with other policies.
    
    Ted Miller commented that he would not support this because the District does not have enough water and feels that the District is adding on a tax and that makes it difficult for developers.
    
    Eric explained that the District has filed for an incidental take permit associated with the Endangered Species Act in order to utilize the water that is allocated to the District; and as a requirement under the Endangered Species Act when we apply for that type of permit, we are required to provide a habitat conservation plan. The habitat conservation plan we are working towards is the VRHCRP. In order for the District to receive the incidental take permit, the District must comply with the habitat conservation plan requirement.
    
    Ken stated that if the Board chooses to return with changes, he also suggested that they may want to review item 5 in Ordinance IV and have it state that the District will not use money from its general fund to pay for the VRHCRP. Eric and Board discussed this and stated that verbiage preventing use of the District’s general fund for payment of the VRHCRP was to be included in the VRHCRP plan; along with verbiage that the District may increase the Ordinance IV fee pursuant to increase in the cost of living. Karl stated that he would like to see this verbiage also within Ordinance IV.
    
    There continued to be discussion regarding the VRHCRP fund and the District’s ability to receive payment in return for services rendered. Eric stated that there will probably be an interlocal agreement drawn up between the City and the VVWD regarding services that VVWD may provide to assist the City in satisfying its monitoring obligations under the VRHCRP.
    Ken stated that with the relationship gained with the VRHCRP members, Aaron and he had a conversation with a few of the Executive Committee members and agreed to have a workshop. The workshop will hopefully find an economical and viable solution for an application for grant funding to rebuild the Bunkerville Irrigation Company (BIC) diversion to the benefit of the agency, BIC, SNWA and the City of Mesquite, as well as all the BIC shareholders.
    
    The item was opened to the public with Mr. David Ballweg stating that he was against any new fees.
    
    Kenyon Leavitt made a motion to table this item until the next board meeting, October 4, 2011, so that Ordinance IV could be revised to require that fees will be collected at the time of connection consistent with the VRHCRP plan. Sandra Ramaker seconded this motion and it was passed by a vote of 3-2 with Ted Miller and Mark McEwen opposed.
    
    Direction was given to legal counsel to also have an item on the next agenda to amend the District’s Rules & Regulations section IV-7 to coincide with the verbiage of Ordinance IV for possible action.
    
    10. For Discussion & for Possible Action – Review, possibly change, and approve the message from the General Manager
    
    Ken stated that his intention was to revise the general manager message on the District’s website to something more contemporary and upbeat to help the people understand what the District is doing. Ken thought that he may be setting precedents and before he put this on the website, he wanted the Board to be aware of it and have their approval. Ken began reading his memorandum to the Board explaining his reasoning behind changing the message.
    
    The Board discussed the amount of water in the basin and, when and if, this amount could ever be fully determined. Ken stated that the two things that have changed the most in the past year is questioning any data from the previous Chief Hydrologist regarding the amount of water in the basin; and the possibility of the annexation of the Lincoln County Land Act (LCLA) and needing more water to service this area.
    
    Discussion ensued regarding costs, state lines, working together with other entities sharing the basin, and if it is actually feasible. Kenyon asked if Ken’s statements were not the goal to begin with and stated that he was concerned that the District might be obligating itself to do things once it was put in writing on the website. The Board continued to discuss the sharing of the aquifer and continuing or beginning dialogue with other entities and looking at the future. Ken stated that maybe the Board should wait before approving this being put on the District’s website until after the workshop with BCA regarding Basin 222 and hearing their findings, options and possible direction.
    
    Mark McEwen commented that he was reading the message from a rate payer’s point of view and the words mean that the District will be spending a lot of money. Karl stated that we needed to be careful because the message sounds like we are out of water, which is not necessarily true. Ken thought that he could come back after the workshops and decide then if the message should be amended.
    
    The item died for a lack of a motion.
    
    9. For Discussion & for Possible Action – Consideration to appoint a representative to the Mesquite Economic Development Commission. Candidates may include the current representative, Board Member Ted Miller; a different board member; or a staff member.
    
    Ted has been on this committee for five years between representing the District and the Chamber of Commerce. Karl stated that the economic board has had a lot more interest recently than in the past in terms of more involvement with the community, moving things forward and trying to bring in services to provide jobs, etc. Ted questioned why this item was on the agenda at this time when the Board had appointed him to this committee and thought it would be changed in January when officers were elected. Sandra stated that she had requested that this be put on the agenda because she was unaware of who represented the District. Sandra further stated that after attending a few of these meetings; with everything going on in the community; and some of the dialogue that could be brought in with representation; she would like to see the General Manager representing the VVWD in that position.
    
    Kenyon questioned what the Economic Development Commission did and Ted explained that they meet once a month and that they have a representative from each utility, the banking industry, etc. Ted also stated that when someone new comes to town they can attend these meetings and receive information from the business representatives and make decisions whether to come or build in Mesquite.
    The item being opened to the public, David Ballweg stated that his perception is that the committee is only there to listen when they need voices on the committee.
    
    Karl stated that he felt the District’s representative should have the most knowledge and know about water and feels the general manager should also be the District’s representative. Karl further stated that the Board has never received any reports or feedback from Ted. Ken stated that if he was assigned this responsibility he would represent the District and try to be responsive to the needs of the community. Ken further stated that economic development when coupled with life quality improvements is desirable.
    
    There continued to be discussion about details and information regarding the committee, including the voluntariness of participation on the committee; the requirements of the person who represents the District on the committee; the advisory nature of the committee; the lack of policy making authority by the committee; and the fact that copies of applications for the committee are included in the board packets. Karl asked Ted to keep the Board informed of information from the meetings.
    
    The item died for a lack of a motion.
    
    10. Hydrologist’s Report
    
    Aaron had included a written report and also stated that most of his time has been reviewing the VRHCRP documents and the HMMP documents and Cooperative Agreement document between the City of Mesquite and District. Aaron also mentioned that he has been working on water rights and a change application for Riverside. Aaron will accompany LCWD and Vidler tomorrow with their monitoring program in the Tule Desert.
    
    11. General Manager’s Report
    
    Ken had included a written report. Ken also expressed his appreciation to the Board and the difficult issues they have had to deal with. Ken also stated that the auditors were here last week and would present their audit findings at the first meeting in October.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:31 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-09-20 (.pdf 34.K)
  - 2011-09-13: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 13, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on September 13, 2011, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Member Ted Miller. Board Member Sandra Ramaker participated via telephone. Vice-President Mark McEwen was not present. Also present from the VVWD were Kenneth Rock General Manager, Eric Wilbanks District Counsel, Aaron Bunker District Hydrologist, Randy Robison District Lobbyist and Mary Johnson taking minutes. Also present were Barry Stubbs of Robcyn LLC, John Willis with the City of Mesquite, Jill Ralston and Jeri Krueger with Fish & Wildlife and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 9:00 a.m.
    • Kenyon Leavitt offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – There was no public comment at this time.
    
    1. For Information and Discussion – Robcyn, LLC will present information and answer questions regarding accessibility to Virgin Valley Water District’s (VVWD) Mica Notch Spring’s water rights.
    
    Barry Stubbs of Robcyn, LLC began by distributing a couple handouts consisting of the District’s original certificate of appropriation of water from the State of Nevada numbered 9986; and the original Right-of-Way (ROW) approved from 1948 for the roadway and pipeline for the District’s Mica Notch Spring’s water rights. The water right to the spring was initially granted January 14, 1942 to the Mesquite and Bunkerville Community Organizations, predecessors to the District. A perpetual ROW (#CC-022455) was granted by the BLM in 1948 for construction, operating and maintenance for a water pipe line. The distance was stated as twelve and a fraction mile (with some spurs). The grant references an attached map and Robcyn is researching federal records to secure a copy. This grant precedes current and present federal regulations. Barry stated that Robcyn is also researching to determine exactly what regulations, laws and rules may affect the District’s intention to modify and use the access and pipe line as there are some inconsistencies in records when comparing descriptions in the ROW, Federal Master Title Plant and the Area of Critical Environmental Concern (ACEC). Barry further stated that Robcyn would require indication from the Board and the District’s intended scope of work, i.e., replacement of pipelines, rehabilitation of the roadway, etc. before deciding how to proceed.
    
    Ken explained why he had proposed the project because of the quality of the water, hydroelectricity, and the ability to use well site 30’s reservoir, power, etc. without having to use the well except for monitoring.
    
    A discussion ensued regarding the need for the water, timing, pricing and revenues for the District. Direction was given to Barry to update the file and keep records current.
    
    Aaron also stated that it was a perpetual ROW and a certified water right, which meant no annual paperwork.
    
    2. For Presentation and for Discussion – Representatives of Robcyn, LLC, the U.S. Fish & Wildlife Service, the City of Mesquite Planning & Environmental Resources Department and the VVWD’s General Manager and Hydrologist will present information on the Virgin River Habitat Conservation and Recovery Program (VRHCRP). The information to be presented and discussed may include, but is not limited to, the background of the VRHCRP, the role and expected financial participation by the VVWD in the VRHCRP. Robcyn, LLC and the VVWD’s General Manager will lead a discussion regarding the District’s participation in the VRHCRP, and related matter.
    
    Barry introduced the representatives of Fish & Wildlife, Jill Ralston and Jeri Krueger and John Willis with the City of Mesquite. Barry had included a handout with a chronology and timeline of how the VRHCRP got to this point beginning with the Mesquite Land Act of 1986, amended 1996 and 1999, including 10,620 acres.
    
    Jeri Krueger began by explaining that the purpose of the program was for entities to work collaboratively to protect and conserve imperiled species in the Lower Virgin River Basin; and additionally, the VRHCRP will be to provide a forum to coordinate ongoing species conservation and recovery efforts within the Lower Virgin River Basin.
    
    There are seven participants, including three applicants, VVWD, SNWA and the City of Mesquite who would get permits; and others include the BLM, National Park Service, Dept. of Wildlife and Fish & Wildlife.
    
    Jeri explained the public review process and that notices would be published in the Public Register.
    
    John Willis is the administrator of the program and he answered questions regarding what would happen with the money associated with this program.
    
    Jeri reviewed the organizational structure of the program and what each committee’s duties and/or functions were.
    
    There continued to be a lengthy discussion with Kenyon asking questions regarding the language in the plan. Kenyon did not want rate payers to be responsible for the amount in the plan that VVWD should pay by having to increase rates or charge a tax, and that any monies from the VVWD must come from development/growth. Questions were asked about “double dipping” and Jeri explained the difference from impacts from land being disturbed and the use of water impacts.
    
    Discussion ensued regarding the amount that the VVWD should charge, currently looking at $275 per ¾” hookup; how the District’s estimated funds to be collected were determined; how other participant’s amounts were determined; and what other agencies pay for similar programs in Lincoln County and Utah.
    
    There continued to be further discussion regarding what wording should be used in the contracts, with the District’s portion to be solely funded by Ordinance 4; and the amount the District should charge, leaning towards $200 per ¾” meter connection. In-kind services were also discussed, but this could not be used by the District for any of this commitment.
    
    This was a workshop with no action on the agenda as a meeting. Direction was given to staff and legal counsel as to what should be put on the next regular meeting agenda for action; and also to Fish & Wildlife regarding wording in the contract.
    
    3. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 11:30 a.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Minutes: 2011-09-13 (.pdf 26.K)
  - 2011-09-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 6, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on September 6, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen and Board Member Ted Miller. Board Member Sandra Ramaker participated via telephone and Secretary-Treasurer Kenyon Leavitt was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Mark McEwen offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – There was no public comment at this time.
    • Board Comments - None
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Mark McEwen made a motion to approve the agenda and consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    1. For Possible Action - Approval of Agenda
    
    2. For Possible Action – Approval of Minutes from 8/16/11 Regular Board Meeting
    
    3. For Possible Action – Approval of Bills Paid - $301,074.49
    
    ** End of Consent Agenda**
    
    4. For Presentation, Discussion & for Possible Action – John Jemison, District’s Financial Portfolio Manager with BNY Mellon, will make a presentation on the District’s investment policy and portfolio. Following the presentation, the Board may review and discuss the District’s investment policy, make comments, ratify as is, or direct the General Manager and Mr. Jemison to make adjustments to the District’s portfolio and/or investment policy.
    
    Mr. Jemison had Wes distribute a couple handouts that consisted of a review booklet that is reviewed four times a year with the General Manager and the finance director. Mr. Jemison explained that this essentially breaks down the portfolio into what the current asset mix is. He further stated that this was predominantly all fixed income, and due to the recent maturities, we have an influx of cash; and after this meeting, we will determine what to do with the cash.
    
    Ken stated that each of the Board members were supplied with a revised investment policy that Mr. Jemison, Wes and Ken had revised for current economic conditions. It has been 12 years since the District’s Investment Policy has been reviewed.
    
    Mr. Jemison reviewed the returns and the cash the District has earned in the past one, three and five years. He further explained the current economic conditions and how this has affected the District’s returns. Mr. Jemison then reviewed the two page handouts and the difference in the yields of different bonds and how they determined how the District should invest.
    
    The old and revised investment policy was discussed and reviewed so that Mr. Jemison was able to show the Board how the investment policies differed to show where he would like to see the District go with their portfolio and how the new policy will allow this. Mr. Jemison further stated that the old and new policy were the same in that they both were consistent in safety, security and yield. Mr. Jemison then reviewed the District’s portfolio holdings, maturity dates and examples of how the District could invest and the yields that may be expected.
    
    After Mr. Jemison’s presentation, the Board continued with a brief discussion.
    
    Sandra Ramaker made a motion to pass, approve and adopt the revised Investment Policy as submitted. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    5. For Discussion & for Possible Action – Consideration to accept and approve change order request of $14,200 from Forsgren Associates, Inc. regarding the secondary feasibility study.
    
    Ken began by stating that included in the Board packets was a memorandum explaining some of the changes in the scope of work and that this was a difficult recommendation to make. Ken stated that the biggest thing that happened was that the studies could not be effective on the secondary system unless it made a more effective assessment of what is the overall water situation in our basin and what is the community’s intention to do with that water. Ken further stated that the District would receive two studies for the price of one and a half, and recommends that the Board approve this change order.
    
    Ryan Wheeler representing Forsgren Associates, Inc. stated that he was here to answer any questions the Board may have concerning their letter requesting the change order and amount. Ryan stated that he would touch on a few things that have led them away from the target to where they are at today. Ryan stated that when this began, they were looking at doing a secondary water feasibility study on all the secondary water within the system; trying to determine the value of a secondary system to all the District’s customers; how it would reduce the potable water supply; and that they really had to do a potable water study at the same time while looking at a secondary water system. Ryan also stated that another reason for the change order was that Ken had asked them to include the Lincoln County Land Act (LCLA), which would double the demand on secondary and potable water, infrastructure and costs. This was brought back within the District’s current boundaries after realizing that there were still a lot of politics and unknowns associated with the LCLA at this time. Another reason was the review of the Virgin River water quality to establish a water quality that can be beneficial to the end user; and that direction received from VVWD staff has changed a couple times and it was requested that certain information regarding the analysis of the Bunkerville secondary system be included with this report.
    
    Ted questioned if $10,000 of this change order request was due to Forsgren attempting to obtain an ACOE grant for $90,000. Ryan asked to clarify and stated that when they came back a month afterwards, that was for something different than this study. The direction to try to obtain the grant money was given by the general manager and was for the idea of using solar power fields and installing hydro turbines so the District would have a green energy portfolio. Ryan stated that this was done as a marketing effort and that any money spent was lost and they are not trying to obtain that money with this change order; but only for extra money and time for this contract for the Secondary Feasibility Study. Ryan further stated that he did not believe they should be responsible for price difference since the scope of the project has been changed several times by the general manager. Ryan further stated that due to the changes requested by the District, Forsgren is currently $8,642.22 over budget based on work that has been performed and the total change order of $14,200 would enable Forsgren to be compensated for these additional services and complete the report according to the District’s scope of work.
    
    Comments and questions were given by Board members and Ryan gave examples of why he had to change because of requests by the general manager. Aaron was asked for his opinion and he stated that he had come in after the scope of work had been changed and that he pushed for not including the LCLA stating this could be added in later if it were ever to happen that the District was to be the water provider in that area. Aaron also added that with approving the change order, it would be a better product.
    
    Ken added that the District did budget $20,000 for this fiscal year for Forsgren Associates, Inc. for possible additional studies and that this money could be used for the change order in question. Ken further stated that he would like to make it clear for the record that the reason for including the LCLA was if the City might annex the LCLA and if the District was required or needed to help provide water to the LCLA properties; but after looking at the circumstances realistically, he thought it would be best to scale it back and deal with the LCLA separately if needed. Ken further stated that the District has started good negotiations with representatives of Lincoln County and that they do have some water available for this area.
    
    Ted Miller made a motion to accept and approve the change order request of $14,200 from Forsgren Associates, Inc. regarding the secondary feasibility study. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    6. For Presentation, Discussion & for Possible Action – The General Manager and Hydrologist will make a presentation to show the water quality, location, appearance and access to Mica Notch Springs where the District has 201.26 afy of spring water rights. The Board may approve $5,000 for an engineering letter report to make a preliminary assessment of pursuing this project.
    
    Ken had prepared a power point presentation in regards to Mica Notch Spring where the District holds 201.26 afy of spring water rights. Ken had taken a trip to the spring and had included pictures and information on the water rights, history, location and the water quality of the spring. Ken also included the good news and bad news for attempting to use the spring water within the system. Ken gave rough money estimates for the power generation value, to pump & treat energy savings, the water value and the access costs. Ken’s recommendation is to commission a small study to better estimate the power generation values, pipe installation methods & costs, a return on investment calculations and bottled water potential; and to come back to the Board with a letter report and further recommendations.
    
    Ken and Aaron answered questions from the Board and public. There was discussion regarding budgeted funds, obtaining possible grants and whether the spring was included within the Gold Butte ACEC and what restrictions may be imposed. |
    
    Ted stated that he felt that $5,000 would not buy much and thought that the District should speak to their consultant’s, Robcyn, LLC, regarding this BLM land before anything was decided.
    
    The item died for a lack of a motion.
    
    7. For Discussion & for Possible Action – Review of and consideration to possibly adopt the proposed budget preparation timeline.
    
    Wes Smith stated that he had looked at what had been done in the past and tried to move the timeline ahead of schedule so that there would be more participation earlier; and this would give more time to respond to issues. Wes also stated that he has designed in more structure involvement by the Board giving more opportunity to participate and work better together with staff. Sandra mentioned that some of the dates mentioned were on the weekend and Wes explained that these dates were approximate unless required by NRS.
    
    Ted Miller made a motion to adopt the proposed budget preparation timeline with the approximate dates as proposed. Mark McEwen seconded the motion and it was unanimously carried. 4-0
    
    8. Hydrologist’s Report
    
    Aaron had included a written report and stated that he has been assisting Ken on items for this agenda, water rights, irrigation leases, preparing documents for Well 32 rehabilitation and reviewing and providing additional material for the Basin 222 Study being conducted by Bowen, Collins & Associates. Aaron also stated that most of his time has been working on the Virgin River Habitat Conservation Recovery Program (VRHCRP) and Ordinance IV.
    
    9. General Manager’s Report
    
    Ken had included a written report with significant events that have occurred since his last report. Ken also stated that the paving on Pioneer Boulevard would be completed by the end of this week and that the rest of the project was completed. Ken has also been working with the contractor on the site 32 drain line and trying to minimize the potential for any change orders. Ken further stated that progress has been made on the easement agreements for the Bunkerville secondary system. Ken mentioned that there would be a work session for the VRHCRP at 9:00 a.m. on September 13th and another work session has been scheduled for September 29, 2011 at 9:00 a.m. regarding Basin 222 with Bowen, Collins & Associates.
    
    10. Public Comment
    
    Wade Poulsen, GM of Lincoln County Water District (LCWD) expressed his thanks along with his Board of Directors to Karl, Ken and Bo for meeting with them regarding the LCLA and felt that it was a very productive meeting and feels that both District’s are moving in the right direction; and appreciates the District’s willingness to come to the table.
    
    11. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:39 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-09-06 (.pdf 34.K)
  - 2011-08-16: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 16, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 16, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    • President Karl Gustaveson called the meeting to order at 5:00 p.m.
    • Kenyon Leavitt offered a Prayer
    • Ted Miller led the pledge.
    • Public Comment – There was no public comment at this time.
    • Board Comments - None
    • President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the agenda and consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 5-0
    
    1. For Possible Action - Approval of Agenda
    
    2. For Possible Action – Approval of Minutes from 8/2/11 Regular Board Meeting
    
    3. For Possible Action – Approval of Bills Paid - $268,886.29
    
    4. For Possible Action – Approval of Purchase Orders Over $2,500
    a. Morcon - $4,116.70 – Pressure Washer
    
    ** End of Consent Agenda**
    
    5. For Discussion & for Possible Approval – Discuss and potentially approve revisions to the Applications for Lease of Irrigation Shares.
    
    Bo began by stating that the footnotes came from the initial lease footnotes. At the last meeting the board directed staff to put together an application, and specifically add to that application a requirement that those who desire to lease irrigation shares provide a description of how they intend to use those shares being requested. The Board can then decide if the amount of shares being requested relates reasonably to the purpose that they have described. Bo stated that the application was essentially the same as before with the exception of this requirement being added in; and because we are asking them to add that information of how they are going to use the water and how many shares, Bo took quite a bit of language from the lease itself and included it in this application.
    
    Ted stated that the water shares in question were purchased by the District with public money and that the water the District is leasing out is public water and wondered if the District could ask applicants for a history of information about water shares that they may have sold or leased to other entities for a higher price and then want to lease the District’s shares at a lower price. Bo stated that the Board could inquire about certain information, but cannot get into a situation where we are selectively choosing those who can or cannot use the water based on some basis that wouldn’t be proper. There continued to be some discussion on this subject and the free market.
    
    Kenyon questioned the terms of the application of paragraph 4 and if this meant that the District could change the lease at anytime. Bo stated that you could change the terms of the standard lease that hasn’t been executed, but you cannot change a signed lease agreement.
    
    The item was opened to the public with Scott Sullivan with Mesquite Gaming asking why the District wanted to know where he was using the water if he could not sublease it. It was explained that the Board had a concern after the last meeting and that if an applicant only had one acre of land to water, but was requesting 100 shares; that this was an unreasonable request and someone could be trying to tie up the water without it being put to beneficial use.
    
    Tillman Hafen stated that he thought you were able to sublease, but not at a profit.
    
    Kenyon Leavitt made a motion to approve the latest revisions to the Applications for Lease of Irrigation Shares dated August 16, 2011. Sandra Ramaker seconded this motion and it was carried by a vote of 3-2 with Mark McEwen and Ted Miller opposed.
    
    Bo then stated he had a question regarding subleasing and if you would look at the Lease Agreement, it states on page 4, paragraph 6, that there is no subleasing, and Bo continued to read this paragraph. President Gustaveson suggested going into item #6 since the discussion had to deal with the Lease Agreement more so than the Lease Application.
    
    6. For Discussion & for Possible Approval – Discuss and potentially approve revisions to the Lease Agreement for Irrigation Shares.
    
    The minutes and motion from the meeting on June 7, 2011 were read aloud pertaining to subleasing and Bo explained how it had changed to what it reads today from the previous leasing of shares.
    
    Aaron Bunker stated that the front page, superscript #3 of the Lease Agreement should be changed to similar language as superscript #2 on the Lease Application.
    
    It was also discussed that the word “deemed” should be substituted with the word “estimated” with respect to superscript #2 on the application.
    
    Kenyon Leavitt made a motion to accept the revisions to the Lease Agreement with the change of footnote #3 to mirror footnote #2 on the Lease Application and also changing the word “deemed” to “estimated” on footnote #2 of the application. Sandra Ramaker seconded the motion and it was carried by a vote of 4-1 with Mark McEwen opposed.
    
    7. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Mesquite Gaming for 80 Shares of Mesquite Irrigation Company (MIC) water.
    
    Copies of the Lease Applications that were completed and submitted in reference to this item along with items #8, 9 & 10 were distributed. Representatives of the four applications received were present and it was determined that the word “deemed” could be marked out and replaced with the word “estimated”, as approved in the previous item, and the representatives could initial and approve the change to their application without having to redo the entire applications.
    
    Ken stated that staff recommends approval of all four applications. It was also discussed whether each item must be done separately or if they could be combined and Bo stated that all four items could be approved with one motion. There continued to be a discussion regarding the number of shares available for leasing and the number of shares requested on the applications. Mark stated that he had questions regarding the BIC shares and would like item #9 separated from the MIC shares applications for approval.
    
    Aaron also stated that he would like to be open and make sure everyone was aware that Bunker Farms is owned by relatives of Aaron, and that all the information provided to Bunker Farms was also provided to all other applicants.
    
    8. For Discussion & for Possible Approval – Review and discuss the potential acceptance for a long-term lease agreement with Pulte for 4 Shares of Mesquite Irrigation Company (MIC) water.
    
    10. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Tilman Hafen for 17 Mesquite Irrigation Shares
    
    Kenyon Leavitt made a motion to approve the lease applications for items #7, 8 and 10 respectively. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    9. For Discussion & for Possible Approval – Review and discuss the potential acceptance of a long-term lease agreement with Bunker Farms for 37 shares of Bunkerville Irrigation Company (BIC) water.
    
    Mark questioned Bunker Farms application in that they are requesting to lease 100 shares “or all available” and the agenda item is for 37 shares. Aaron explained that Bunker Farms currently leases 37 shares with 2 of the shares under a current lease agreement that will terminate on the 18th of this month; and wanting to lease all 37 shares under the new long-term lease agreement locking in at $250/share for 8 years with first right of refusal. They would also like to lease up to 100 shares when and if they become available; and if even more than 100 shares became available,
    they would also like to be the first come first served; so this is the reasoning behind asking for “all available”.
    
    There continued to be discussion regarding the total number of shares available in BIC (59 shares). Aaron went on to explain that on September 9, 2013, Bunk Farms lease of 4 BIC shares would be available and that on September 30, 2014, SNWA lease of 8 BIC shares and one MIC share would become available. Aaron further stated that 10 BIC shares are currently reserved for the Bunkerville secondary system.
    
    There continued to be discussion regarding “first come first served”; number of shares available, and when they become available; and the possibility of more shares becoming available from Riverside shares if the point of diversion could be changed. Bo again explained the policy to the Board that they have adopted in regards to first come first served basis and what this means. Bo also stated that he would prefer to see, or feel more comfortable, with a number in lieu of just stating “all available”. Kenyon also stated that he too would like to see a reasonable number in lieu of “all available”.
    
    Discussion ensued in regards to the Board reviewing the lease amount and when that amount would affect current leases or future shares that become available. Ken stated that the secondary feasibility study may also enlighten the potential value of river water in the future for the District.
    Mark started to make a motion to revise the application from Bunker Farms. Kenyon stopped Mark and stated that Bunker Farms has submitted an application and he thinks the Board should ask them, if they are willing to accept the application as submitted. Mark also mentioned that if they don’t accept the application because they are requesting more than available, the Board just approved Tilman Hafen’s application requesting an additional 45 MIC shares, if and when available.
    
    Bo explained that at the last meeting the Board made policy to have the applicants supply the information to support the number of shares requested and to show that it is a reasonable request. Bo stated that he strongly recommended against doing anything that would be inconsistent with that policy now. Bo further stated that there is an application requesting shares that has been submitted and the Board needs to approve or disapprove the application on those factors established in the prior meeting. Again, Bo stated that he was uncomfortable with “all available” on the application in lieu of a number certain, but if you look at their request and determine that it is reasonable in light of what they state their use would be, and then approving the request would be consistent with the policy the Board has adopted.
    
    Brian Haviland representing Bunker Farms stated that he would only make the application up to 100 shares when available and will lock in the rate fee for what is currently available, which would be 37 BIC shares.
    
    Aaron explained that the application was a request and not a binding document. When they enter into the Lease Agreement, the exact number of shares available is what is entered into with the agreement. If any other shares would become available, they would enter into another Lease Agreement with those shares at the current lease rate; but they would have first priority because they entered more shares than available on the Lease Application.
    
    Kent Harper with the Mesquite Local News commented that he did not believe the Board was following the Open Meeting Law because the agenda item is requesting a long-term lease of 37 shares and the Board’s discussion is all over the place. Bo stated that in his opinion, all items discussed have been directly related to the application that Brian submitted and believes the discussion has been healthy and well warranted.
    
    Kenyon stated that he thought if Brian was willing to take off the “all available” and initial the application change that this could be passed with Bunker Farms entering into a Lease Agreement for 37 BIC shares and if and when any other BIC shares become available, Bunker Farms would be first come first serve up to 100 shares. Brian Haviland representing Bunker Farms changed the application to 100 shares only and crossed off “all available” and initialed the document that he approved the changes before a motion was made.
    
    Mark McEwen stated that having received revised application from Bunker Farms requesting 100 shares to be leased and having a representative from Bunker Farms, Brian Haviland, initial the fact that he wants 100 shares and has stricken out “all available”, I’ll make a motion that we approve a lease application from Bunker Farms in the amount of 100 shares (BIC). Kenyon Leavitt seconded the motion.
    
    There continued to be discussion on the number of shares available and the number of shares that would be stated on the lease agreement.
    
    Mark McEwen amended his motion to include approval of a long-term lease agreement with Bunker Farms for 37 shares of BIC water. Kenyon Leavitt seconded the amended motion and it was unanimously carried. 5-0
    
    11. For Discussion & Possible Action – Review and discuss the potential acceptance of the apparent low bid for repair of damage caused by a burst 16” pipe under Pioneer Boulevard. The bids for this project will become available and made public at this Board Meeting.
    
    Ken stated that seven contractors were contacted to bid on this project and three responded. All three of the contractors were present for a walk through with District and City staff and agreed to conditions which they mentioned in their bids. Trade West Construction was the low bidder at $59,860. Ken further stated that staff’s recommendation is that the bid be awarded to Trade West Construction for $59,860, with a notice to proceed dated tomorrow (8/17/11) and to be completed by the 31st of August, 2011.
    
    There was a question as to where the money came from to repair this break and the amount budgeted and spent to date. Wes Smith responded that it would come from Line Maintenance/6375-00, budgeted $185,000, but he wasn’t quite sure what had been spent to date.
    
    Kenyon Leavitt made a motion to award the contract to Trade West Construction with a Notice to Proceed tomorrow (8/17/11) for the bid amount of $59,860 and to be completed by 8/31/11. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    12. For Presentation, for Discussion & for Possible Action – Proposed revisions to the VVWD job titles, without any changes to compensation. All staff would retain their current pay.
    
    Ken stated that the existing job descriptions and pay scales were included in the packets. Ken stated that he was inspired to change after reviewing the Hydrologist position. Ken further stated that there would be no change in positions of any employees, but that this would provide better descriptions; more standard scaling; and the ability to tie certification levels with job level. The previous management had the descriptions as entering at a level III and increasing to a level II then I, when entry level should begin at I and increase to II and III.
    
    Mark McEwen made a motion to approve the proposed revisions to the VVWD job titles with the understanding that there are currently, right now, with this revision, no changes in compensation. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    13. For Discussion & for Possible Action – Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and Cedar Development Company, L.L.C., a Utah limited liability company, for Cedar Development Company, L.L.C., to grant VVWD an easement for VVWD’s ingress-egress and waterlines across, under, and through certain real property owned by Cedar Development Company, L.L.C.
    
    Ken stated that the packets included the proposed easement agreement and asked the Board to review Exhibit B and the brightest pink line showing the easement on Cedar Development Company (CDC) property. Ken further stated that there is currently an easement in place, but that it does not include improvements or the two monitoring wells located on CDC property. Ken also mentioned that the Easement Agreement has been forwarded to CDC, but a signed copy has not been returned. Ken feels that it can be approved as to form at this meeting and when a signed copy is returned from CDC, Ken would be able to sign and execute the agreement.
    
    Bo stated that he did not see any problem with the Board approving the agreement and signing after returned from CDC and that he doesn’t anticipate any problems with getting the easement signed by CDC.
    
    Mark McEwen made a motion to approve the document included in the packets entitled Easement Agreement between the VVWD and Cedar Development Company L.L.C. (CDC) and that this pending agreement grant VVWD an easement for VVWD’s ingress-egress and waterlines across, under, and through certain real property owned by CDC. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    14. For Discussion & for Possible Action – Consideration to award work based on bids presented for grading and road base application for access to the secondary facilities in Bunkerville to the lowest responsible bidder in the best interest of the Virgin Valley Water District.
    
    Mark questioned if this project was included within the easement agreements, which it is. Kenyon mentioned that we do not have a signed easement agreement with any of the three parties involved and stated that we could not issue a notice to proceed without these signed documents. Kenyon also brought up the fact that only $3,000 was budgeted for secondary system maintenance and this price would put the District over budget $9,544 in only the second month of fiscal year 2012. Kenyon also stated that he has used this road for a lot of years and believes that grading the road would be sufficient for the District’s use at least until more money could be budgeted for this project.
    
    There was further discussion regarding the condition of the road, budget, and costs. Brian Haviland commented that Bunker Farms has been maintaining that road up until 2 years ago when they did not need to use it any longer. Brian also stated that they (Bunker Farms) have offered to distribute gravel along the road if it was provided by the District.
    
    Ken stated that the standard for access for a public utility versus a farmer was different and that a public utility would need to be able to access the road at all times. Ken also stated that it was included in the easement agreements that the District would maintain a 16’ wide road. There was further discussion regarding other users of the road, safety issues, and responsibility. Bo read from the agreement and what the District’s responsibilities are. There continued to be a discussion regarding the size of the road and the budget.
    
    Mark McEwen made a motion to not approve the work and the bids presented for the grading and road base application on this right-of-way and also in this motion direction to staff to bring back with a different design taking into consideration the amount of money budgeted. Kenyon Leavitt seconded the motion and it passed by a vote of 3-2 with Karl Gustaveson and Sandra Ramaker opposed.
    
    Bo brought up the previous items regarding the easements and stated that he would rather not have the language on the size of the road included in the agreements. Bo stated that if everything else was okay with the easement agreements, the Board could go back and modify that motion or bring the easement agreements back once the documents have been changed and also make contact with Cedar Development. After further discussion, and since no easement agreements have been signed and executed, it was decided that the easement agreements would be revised and brought back with the corrected wording at the next meeting for approval.
    
    15. For Discussion & for Possible Action – Review and discuss potentially establishing Ordinance IV connection fees to implement the Virgin River Conservation and Recovery Plan (VRHCRP) at $275.00 per equivalent dwelling unit (EDU).
    
    Ken explained that the District currently has an agreement to assist with this habitat recovery plan. The amount of work is tied to the amount of impact or to the number of connections there are. However, the scope of work is not very well defined and the number of connections will determine the amount of recovery we will need to make; so we are trying to determine the amount of money that will do some good, between the amounts of money that would be limiting development. The habitat recovery plan has proposed the $275 and Ken had included a table with the different amounts to be paid for each different size meter installed.
    
    Aaron explained that when the Mesquite Land Act was passed, this was part of that document which required to have the habitat conservation plan and to also have a hydrological monitoring mitigation plan. In order for the District to have an incidental take permit, the District must collect these fees. Aaron further stated that Fish & Wildlife have been operating in good faith with the City and the VVWD in that they have allowed growth without actually having a signed agreement. Fish & Wildlife in turn would like to see the District showing good faith by signing the agreement and collecting these fees.
    
    There continued to be discussion on how the District is basing their fee on meter size while the City’s fee is based on disturbed acreage; reasoning for participation; the participants; and whether collecting this fee is double dipping with developers having to pay the City and the VVWD.
    
    Discussion ensued regarding the scope of the plan, level/even participation by all participants, what is a fair amount for the District to collect, who decides on what amount is to be paid, and what would the bottom dollar be for the District. Bo mentioned that the District is under contract with Robcyn, LLC. whose specialty is federal issues, and that maybe they would be willing to come out to the next meeting to explain the agreement and how fees are determined and, what is the bottom line for the District to collect, etc. The Board all believed this was a very good idea.
    
    The item died for a lack of a motion.
    
    16. Hydrologist’s Report
    
    Aaron’s written report included information of his daily activities and his attendance, along with Ken, to a well rehabilitation seminar in St. George that was very informative. Aaron also mentioned that besides working on the items on this night’s agenda, he would be filing on fifteen water rights this month; one for proof of beneficial use, and extension of time on the remaining water rights.
    
    17. General Manager’s Report
    
    Ken informed the Board that he and Aaron had met with Ryan Wheeler of Forsgren regarding the secondary feasibility study and since the scope of work has been somewhat changed, Ken has asked them to write a letter itemizing the report. Ken also stated that he met with staff regarding the secondary system water quality and stated that there would be more studies and reports coming to the Board with information for what to with this system.
    
    Ken stated what seminars and meetings he has attended and included a memorandum and graphs showing the recent water and wastewater flows for the District.
    
    Ken also stated that he had staff put on a pressure recorder for the area of Pioneer Boulevard where the latest leak happened, and that we have seen no pressure spikes. Ken will leave the pressure recorder for a while longer to monitor.
    
    18. Public Comment
    
    Kent Harper asked if the back-up material would be put on-line, and he was informed that it would not be; but a paper back-up was given to him.
    
    19. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:46 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-08-16 (.pdf 47.K)
  - 2011-08-02: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 2, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 2, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, and Board Members Ted Miller and Sandra Ramaker. Secretary-Treasurer Kenyon Leavitt was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    Mark McEwen offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
                       President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 7/19/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $294,815.12
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Kitchen Encounters - $10,000 – Ratify approval of office remodeling
    
    ** End of Consent Agenda**
    
    5. Presentation & Discussion – Robcyn will present how they can set up a system for the District of federal land records for permits, grants, and rights-of-way.
    
    Barry Stubbs representing Robcyn, LLC, along with Joe Liebhauser, were present. Mr. Stubbs began by stating that they were pleased to be in their second year of a contract with the District representing the District with federal lands and agency issues. In the past year, Barry stated that they have notice deficiencies with the land records relative to different permits, grants, easements, etc. with the federal land surrounding the community. A lot of the District’s facilities are located on these lands and it would be good idea to set up a system to keep track of what the District has and the dates that some of these mature; since they can go to 50 plus years. Barry mentioned a similar circumstance that happened with another community where they did not have a tickler system and were unaware that their lease had expired. Robcyn is willing to set up a system to keep the District’s records straight and on top of the issues. Barry stated that Merv Boyd and Joe Liebhauser would be assisting the District with the set up of these files and stated that these gentlemen have extensive experience in dealing with federal agencies and record keeping.   Barry also stated that setting up this record keeping system would be covered within the standard contract between Robcyn and the District.
    
    Joe Liebhauser distributed handouts to Board and staff and explained how the system would get laid out. Joe demonstrated and reviewed a dummy file and how the BLM set up their files. The District’s files would be set up the same way so communication between agencies would be much more productive as everyone would be looking at the same documents.
    
    6. For Discussion & For Possible Action – Consideration of continued allotment of irrigation shares for long-term leasing. Discussion may include a chronology of events leading to the allotment of BIC shares for long-term leasing. Possible action may include, but is not limited to, confirmation and ratification of current policies for the leasing of irrigation shares or revision and adjustment of policies for the leasing of irrigation shares. – Requested by Robert Draskovich
    
    Mr. Bob Draskovich stated that he has been interested in irrigation shares for a while and he didn’t want to miss the auction to bid on shares. Mr. Draskovich explained to the Board the process he went through of coming into the District office and checking on trying to lease shares, dates he came in, and who he spoke with. Mr. Draskovich mentioned a land swap deal between the Bunkers and himself and stated that he was speaking with Robert Bunker about irrigating when he discovered that there might be an issue with priority regarding the 12 shares he had requested from the District. Mr. Draskovich stated that Mr. Bunker thought that there may be some mistake because the Bunkers were at the District first and there wouldn’t be enough water for Bob Draskovich to lease and that he may want to contact district’s legal counsel. Mr. Draskovich explained how he contacted, Aaron, Ken, etc. Mr. Draskovich then stated after speaking with Aaron, he was under the impression that he was first with his request in writing dated June 9, 2011. Mr. Draskovich proceeded to read aloud the motion from the Board’s May 3, 2011 meeting. Mr. Draskovich continued to review the District’s process from the May 3rd meeting and subsequent Board minutes dealing with the leasing of irrigation shares and the repealing of Ordinance 5. Mr. Draskovich reiterated that he believes he was first-come-first-serve because he had put his request for shares in writing first.
    
    Bo questioned Bob and asked when he actually requested water from the District and Bob stated that it was on June 9th. Bob further stated that he had stated that in previous visits to the District that he wanted to bid on the water and wanted to know when the auctions would be held. Mr. Draskovich stated that he was willing to modify his request for only six or seven shares in lieu of twelve.
    
    Bo stated that something to keep in mind is that letters received by the golf courses on May 4, 2011 were in result of the passing of Ordinance 5 and the criteria to Ordinance 5 required much more information than the traditional leasing of irrigation shares. Bo further stated that Bob was referring to the first-come-first-serve language; but that it did not state it had to be in writing and that the Board did not request further criteria at that time. Bo continued to explain the difference in the criteria for Ordinance 5 and traditional leasing.
    
    Mr. Draskovich questioned when the traditional long term leasing was approved and was informed June 7th. His written request to lease 12 BIC shares is dated June 9th; before Bunker Farms submitted the actual Application For Lease of Irrigation Shares form dated June 14th.
    
    Mr. Robert Bunker explained why the water means so much to Bunker Farms and that he and Brian Haviland have attended all meetings regarding leasing irrigation shares and have never had anyone show up to an auction or bid against them for available BIC shares to lease. Mr. Bunker stated that the point he is making is that they have been here and working at it to be the first in line for water. Mr. Bunker further stated that they would use all the water available for farming. Brian Haviland stated that as soon as he was informed that the official application was ready, he came down to the office and filled it out.
    
    There was further discussion regarding the chronology of events and information contained in the packets which included a memo from the general manager; statements from Valerie Martinez and Mary Johnson; a blank application form for the leasing of irrigation shares; a written request from Robert Draskovich to lease 12 BIC shares dated June 9, 2011; an official application from Bunker Farm, Inc. to lease up to 100 BIC shares when available dated June 14, 2011; a memo from Mr. Draskovich detailing his actions since January 2011; and an official application from Robert Draskovich requesting to lease 12 BIC shares dated July 17, 2011.
    
    Board and staff discussion continued regarding the number of BIC shares available and currently leased to whom, and a possibility of more shares available. Aaron explained that the District currently utilizes ten BIC shares for the secondary system and possibly transferring water from Riverside to use at that location. There was discussion that there could possibly be more BIC shares available; Bunker Farm’s request to lease up to 100 BIC shares as they become available; possibly splitting the difference and allowing Mr. Draskovich some shares to lease; and back to the intent of the first-come-first-serve basis, verbally and/or written; and the District’s policy to lease shares.
    
    Bo Bingham stated that he would like to disclose a couple things. One is that he personally knows Bob Draskovich and that Bob and his father were close friends and second, Bo has represented an entity of Robert Bunker’s father in the past. Bo further stated that there were some things specifically that the Board needs to do. Bo would like the Board to make a couple of findings based upon the information that has been provided. When Bob Draskovich came in the first few times and asked about water, Bo thinks the Board should make a determination as to whether that was actually a request for water or whether that was just an inquiry about water generally. This also goes back to a time before ever mentioning “first-come-first-serve” and if it was a request for water, Bo’s understanding is that it was made during a period of time in which the District would actually auction off water. Bo further stated that when we get into the Ordinance 5 timeframe, May 3rd, May 4th, Bo actually thinks that what Mark has said is accurate and that this was a process of making this water available under a different set of circumstances other than the public auction. Bo also stated that it did seem to him that the golf courses said something like, ‘if we are switching this from Ordinance 5, we have already asked for water under Ordinance 5, and is that going to carry over to the new program of long-term leasing?; and Bo also thought that this precipitated some of the statements regarding first-come-first serve.
    
    Bo stated that the first finding he would like the Board to make is when was the first time that Mr. Draskovich requested the water, and also make a finding as to when was the first time that Brian Haviland and Robert Draskovich requested the water. If the Board makes these findings, Bo believes the answer is simple. This is first-come-first-serve and the Board did make this decision. Bo stated that his strong recommendation is that the Board has to follow the District policy that is in place regarding first come first serve. Bo stated that if the Board makes these findings, that his recommendation is to follow policy of first-come-first-serve. As to the request having to be in writing, Bo doesn’t believe that there was anything said at the meeting that the request had to be in writing.
    
    Bo also mentioned a couple more things that the Board should do going forward to hopefully deal with future issues that could arise from issues that have happened today. Bo stated that the agenda item was written in such a way that the Board could officially approve and ratify the application document that has been created establishing priority in time, even though it hasn’t been requested for traditional leasing in the past. Bo would like to see a policy and direction to staff that the document be stamped with date and time received as they come in; and that there is a clear record of who is requesting the water. The other thing Bo would recommend is to avoid a situation of someone coming in and requesting an unreasonable amount of water; he would consider the Board requiring that a document be submitted explaining what they are going to do with the water, what it is going to be used for; and if the Board feels that the request is unreasonable, the Board could make such a finding.
    
    Mark McEwen made a motion proposing that this Board find that on May 4, 2011, Brian Haviland requested that Bunker Farm lease all shares of water currently being leased and all other shares that may become available. Mark further proposed that the board find that on June 9, 2011, Robert Draskovich requested to lease twelve (12) shares of Bunkerville irrigation water. Finally, Mark proposed that this Board find based on District policy that Bunker Farms was the first entity to request all shares of available water. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    Bo wanted it known that the basis for the Board’s decisions were not made upon the questions to Bob Draskovich regarding the selling and leasing of his water to SNWA, but were based on the District’s current policy of first-come-first-serve basis.
    
    Bo questioned if his memory was correct that when Ordinance 5 was passed that there was a discussion, primarily from the golf courses, as to the Will Serve requests and that these requests would still hold priority in the transition back to traditional leasing. Bo would like a finding on whether the first-come-first-serve basis was a continuation from Ordinance 5 discussions; and whether the Board was intending to carry through with the first-come-first-serve basis included in Ordinance 5 into the transition of the traditional lease of irrigation shares. Wes Smith stated that there were conversations and discussions about the transition from Ordinance 5 back to the traditional leasing with a fixed dollar amount; and that there was significant discussion and effort on the part of the Board to make sure that the intent of Ordinance 5 would carry forward with the new leasing approach.
    
    Sandra Ramaker made a motion that it was the intention of the Board to keep the same feel of the original Ordinance 5 intent of first-come-first-serve when the District transitioned to the long-term leasing of shares. Mark McEwen seconded the motion and it was unanimously carried. 4-0
    
    Mark McEwen made a motion that in the future, this Board direct our General Manager and any other employees to use the Virgin Valley Water District Application for Lease of Irrigation Shares, which is attachment #6 within the Board’s packets (attachment #5 within public packets) and that this must be completed by those who are requesting shares and that it be timed stamped and that would ultimately show who was first and who has first priority of those shares. Ted Miller seconded the motion and it was unanimously carried. 4-0
    
    Bo also wanted the Board to clarify that they have accepted a verbal request, because at the time, there was no formal application. Mark stated that in his previous motion he had stated that Bunker Farms was the first entity to request all shares available by a verbal request. Bo also mentioned that the application is only a request to lease shares and it is not a lease agreement. Sandra mentioned that Bo had also stated that the application should provide information on the purpose for the water requested for lease.
    
    Sandra Ramaker made a motion to make an addition to the Virgin Valley Water District Application for Lease of Irrigation Shares attachment #6 within the Board’s packets (attachment #5 within public packets) where it states “Number of Shares Requested” that the forms for leasing of shares should be accompanied with a letter of justification from the applicant that can be evaluated by staff and forwarded to the Board for approval.
    
    Bo asked if any discretion was going to be given to staff to make the decision or whether the Board wanted to see all applications. This was discussed and the Board would still like the applications to come before them for approval.
    
    Mark McEwen seconded the motion and it was unanimously carried. 4-0
    
    Brian Haviland asked if there would be new forms to fill out and it was determined that staff should contact the golf courses regarding this meeting and the findings and have them, Bunker Farms and Mr. Draskovich attach their letter of justification for the shares requested.
    
    Mr. Draskovich again asked if the Board was accepting a verbal request for water when the parameters for leasing were unknown as far as how much they were leasing for, valve size, etc. Bo stated that (based on the motions and approvals) the Board has accepted the verbal request from Bunker Farms. There continued to be a discussion regarding the parameters of Ordinance 5 and long-term leasing. Specifically, it was discussed that Ordinance 5 contemplated that the party requesting to lease shares had to provide specific information including meter size, etc. However, it was also discussed that those specifics applied only to the leasing of shares in Mesquite Irrigation Company and not to the of leasing shares in Bunkerville Irrigation Company.
    
    Mark McEwen made a motion that the verbal request by Brian Haviland on May 4, 2011 satisfied the parameters for the water he was requesting which was Bunkerville Irrigation Shares. The other parameters that were discussed in the process of trying to put together Ordinance 5 or any other procedure that specifically listed items such as valve size and things like that were specifically limited to Mesquite Irrigation Shares. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    7. For Discussion & For Possible Action – Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and NDKMT LLC, a Nevada limited liability company, for NDKMT LLC to grant VVWD an easement for VVWD’s ingress/egress and waterlines across, under, and through certain real property owned by NDKMT LLC.
    
    Ken stated that the District has an easement agreement with Bunker Farms and after looking at easement further, it was discovered that this easement also crosses two other properties.
    
    Kraig Hafen representing NDKMT LLC stated that he would like it known for the record and for the public to know that there was zero consideration (no money) given to NDKMT LLC by the VVWD for this easement. Kraig also stated that the bids received by the District for the grading and road base application for the road leading to the secondary system were way too much for the purpose of that road and to not do it for NDKMT’s purposes.
    
    Bo stated that he was not available when the agenda was put together and did not realize that NDKMT LLC was an entity of the Hafen family. Bo disclosed that he has represented other entities or individuals of the Hafen family and this will also require a disclosure waiver as with the Bunker’s easement agreement from a previous agreement.
    
    Mark McEwen made a motion to approve a written Easement Agreement between the Virgin Valley Water District and NDKMT LLC, a Nevada limited liability company, for NDKMT LLC to grant VVWD an easement for VVWD’s ingress/egress and waterlines across, under, and through certain real property owned by NDKMT LLC. And in part of this motion, the Board also understands that our legal counsel has represented a different entity, but similar owners and that this was made very clear to the Board at the time the motion was made and that there was zero consideration to NDKMT LLC by the VVWD in exchange for their allowing the District to have an easement running across their property. Sandra Ramaker seconded this motion and it was unanimously carried. 4-0
    
    8. For Discussion & for Possible Action – Consideration to approve written Easement Agreement between the Virgin Valley Water District (VVWD) and Cedar Development Company, L.L.C., a Utah limited liability company, for Cedar Development Company, L.L.C., to grant VVWD an easement for VVWD’s ingress-egress and waterlines across, under, and through certain real property owned by Cedar Development Company, L.L.C.
    
    Ken stated that this was almost like the previous agenda item in that there is zero compensation and that we are asking to put in a 16’ wide road base. Ken also stated that there seems to be two monitoring wells located on this property and Ken would like to have access to these two monitoring wells through this agreement also, so this agreement is not completed yet.
    
    Bo stated that Eric Wilbanks had drafted the agreement at the same time as the previous item and apologized for not being aware of what Ken just described regarding the addition of the monitoring wells. Aaron stated that visually it looks like the monitoring wells are on this property in question, but he is still trying to get a legal description.
    
    Mark McEwen made a motion to direct staff to continue the research for this easement to complete the easement agreement with that research once it’s done and then once the legal staff approves it, it comes back before the Board for approval. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    9. For Discussion & For Possible Action – Consideration to award work based on bids presented for the grading and road base application for access to the secondary facilities in Bunkerville to the lowest responsible bidder in the best interest of the Virgin Valley Water District.
    
    This project would be done on properties in question from the previous two items. The Board would not want to make a motion on this item until all easements are in place.
    
    Sandra Ramaker made a motion to bring back this item along with item #8. Mark McEwen seconded the motion and the motion passed unanimously. 4-0
    
    10. For Discussion – Summary of outside accounting services – recent and anticipated costs.
    
    Ken had included a memo summarizing the outside accounting services. Ken explained that John Gleave had to finalize the 2012 budget and that John was also involved in the defeasement of the 2008 Bond and the refinancing of the 2001 Bond. The District has budgeted $15,000 for Draper, Gleave LLC accounting services for this fiscal year 2012, but Ken does not see that we will spend that much.
    
    There was further discussion regarding the budget and audit. Wes Smith stated that he is trying to do everything he can without calling John Gleave, but if he calls him, he feels that is of prudent use of his time and the District’s resources.
    
    11. For Discussion & For Possible Action – Consideration to accept revised Investment Policy Statement with BNY Mellon as rewritten.
    
    Ken stated that he and Wes sat with John Jemison of BNY Mellon to review the District’s investment portfolio. Ken stated that the existing investment Policy Statement (included) was inconsistent with the current economic conditions and a strategy of risk aversion and stability. After meeting with John Jemison, he submitted the revised Investment Policy Statement. John Jemison will be present at the September 6, 2011 Board meeting to explain and answer any questions the Board and staff may have.
    
    12. Hydrologist’s Report
    
    Aaron had not included a written report stating that he had been on vacation and otherwise had been working with Ken on these issues heard today. Aaron also stated that he and Ken had attended a well rehab seminar today that was very informative.
    
    13. General Manager’s Report
    
    Ken had included a written report and reviewed the significant events listed. Ken further stated that he had met with the field staff on capital improvement projects for the next five years with long term plans and plans on bringing this information back to the Board for review and approval. Ken stated that he had spoken with Chris with Bowen, Collins & Associates and their draft of the Basin 222 groundwater study would be available for review in a few days. Ken also stated that the reconstruction of the reception area had been completed and thanked all who participated with the project with a special thanks to Ken’s wife, Voni, who painted the blue wall.
    
    14. Public Comment
    
    There was no public comment at this time.
    
    15. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:10 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-08-02 (.pdf 54.K)
  - 2011-07-19: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JULY 19, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 19, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Kenyon Leavitt offered a Prayer and Sandra Ramaker led the pledge.
    
    Public Comment – Peggy Spurcenegger residing at 362 Gean Street stated to the Board that she had been informed by VVWD staff, after the meters were read, that the water meter at this address was spinning rapidly and that she would have a water bill over $1,000. Peggy and her sister are present to plead their case and have their water bill reduced or written off. Karl Gustaveson explained that this was an agendized item and would be heard during item #6 and that she would be able to speak more about this at that time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller requested that item #5 be pulled from the consent agenda.
    
    Ted Miller made a motion to approve the consent agenda as listed below with item #5 being pulled and heard as the first item after the consent agenda. Sandra Ramaker seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda – Item #5 pulled from consent agenda
    
    2. Discussion & Action – Approve Minutes from 7/5/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for May 2011
    
    4. Discussion & Action – Approve Bills Paid - $311,142.02
    
    ** End of Consent Agenda**
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    a. The Shop - $5,421.20 – Vehicle Repairs to Truck #EX40006
    
    Ken explained that this truck was Boomer’s old truck and had just over 180,000 miles, almost all highway miles, and that it began smoking and after further investigation, it was found that the injectors are not working properly. Ken explained the maintenance procedures to bring the truck up to running reliability and the costs associated. Ken further stated that to surplus the vehicle without repairing first, the District could possibly get $3,000; but with repairing the vehicle for $5,400 plus, the District would have a vehicle that was hopefully reliable for another five years or so.
    
    The Board continued to further discuss the need, mileage, costs, etc. for the truck; that there was not another vehicle budgeted for; and that this price was much cheaper than purchasing a new vehicle.
    
    Kenyon Leavitt made a motion to approve vehicle repairs to truck #EX40006 for $5,421.20 by The Shop. Sandra Ramaker seconded the motion and it was carried by a vote of 3 to 1 with Ted Miller opposed.
    
    6. Discussion & Possible Action – Discussion and consideration to amend policy regarding high water use due to a break on a customer’s line, and a recent example with the general manager’s response. The Board may discuss, affirm, request a change, or decline to amend policy.
    
    Peggy Spurcenegger explained the circumstances that occurred with regards to her water leak under her and her sister’s home while they were out of town. They were told by a plumber that it was a clean break on grey pipe that is no longer legal to use. She stated that the floors have buckled inside their home and that their water bill was over $1,000 and they would like a reprieve on their bill.
    
    Bo stated his concerns from a legal standpoint and wondered what has been done in the past and that the Board needs to be consistent. Bo further stated that he was not comfortable modifying the Rules & Regulations and explained the risks and responsibilities of the District.
    
    Bo further stated that he has had to deal with a similar situation and inquired about insurance and explained his situation and that the insurance company did pay for his water bill and the damage caused by the leak, which was not inside the home either. Bo informed Peggy and her sister that their best course of action would be to deal with the insurance company.
    
    There continued to be discussion by the Board regarding policy and setting precedence. The District has never modified a customer’s bill due to a leak on their side that was their responsibility to pay.
    
    The item died for a lack of a motion.
    
    7. Hydrologist’s Report
    
    Aaron had included a written report, but was not present due to vacation.
    Ken stated that he had made photocopies of Aaron’s pictures taken during his visit to the Tule Desert and proceeded to distribute these to the Board members. Ken verified the sites from the pictures with Wade Poulsen, General Manager of LCWD who was present. Wade continued to
    explain where each picture was taken and what happens at that site where the picture was taken.
    
    8. General Manager’s Report
    
    Ken had included a written report and continued to review each item with a little more detail. Ken mentioned that John Lonetti had paid $71,000 to the District for past and future water leasing.
    
    Ken also stated that the office makeover was to proceed on July 20th. This project was approved in the budget, but was inadvertently forgotten to be put on an agenda for approval because it is over $2,500 and will be put on for ratification at the next meeting.
    
    Ken proceeded to inform the Board that he and Aaron had met with Barry Stubbs, Joe Liebhauser and Merv Boyd from Robcyn to discuss the prioritization and projects that they can provide services for and that the Robcyn crew would be present at the next meeting.
    
    9. Public Comment
    
    Wade Poulsen, GM at LCWD, stated that the trip with Aaron in the Tule Desert was very good and believes that Aaron learned a lot. Wade also stated that LCWD has provided information to the District in the past, but Aaron does not have access to this information; and that LCWD will resend this information to him.
    
    Sandra asked for more clarification/breakdown on money received by the District.
    
    10. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:58 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-07-19 (.pdf 23.K)
  - 2011-07-05: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JULY 5, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 5, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen and Secretary-Treasurer Kenyon Leavitt were not present. Also present were District General Manager Ken Rock, District Legal Counsel Eric Wilbanks arriving at 5:09 p.m. and leaving when Bo Bingham arrived at 5:25 p.m., District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Karl Gustaveson offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 6/21/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $307,372.58
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Consideration to approve a written Easement Agreement between the Virgin Valley Water District (VVWD) and R & R Properties, LLC (R&R) for R&R to grant VVWD an easement for VVWD’s ingress/egress and waterlines across, under, and through certain real property owned by R&R and to authorize execution of a conflict waiver for VVWD’s legal counsel, Bingham & Snow, LLP, to draft the Easement Agreement based on prior representation of R&R. Agenda item requested by Robert Bunker, a representative of R & R Properties, LLC.
    
    This Easement Agreement would allow the District access over, across, through and under the property for ingress and egress of vehicular traffic, for the installation and maintenance of utilities to and from the Surface Well, and for pipelines and waterlines for the conveyance of water to and from the Surface Well. With this easement, R&R would be granted one connection to VVWD’s secondary water system in and for the community of Bunkerville livestock watering, but not for land irrigation. This connection shall continue perpetually and R&R shall not be required to pay the monthly water service charges for this connection so long as the easement remains on the property. The District will also be responsible for the maintenance of the road as long as the easement remains on the property.
    
    The District has been using this roadway through a verbal agreement, but now it will be in writing and filed accordingly.
    
    Ted Miller made a motion to approve the written Easement Agreement between the Virgin Valley Water District and R & R Properties, LLC along with all staff recommendations. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    5. Discussion & Possible Action – Consideration to Award Contract and Notice to Proceed to the lowest responsible bidder in the best interest of the Virgin Valley Water District for the full project scope from the bids submitted on June 23, 2011 entitled Mesquite Heights 24” Butterfly Valve, Canyon Crest 10” PRV, Horizon Boulevard 10” PRV and 20” HDPE Flush Line System
    
    This project went out to bid and the District received three bids: Eagle View Contractors for $167,318; Mesquite General Contracting, Inc. for $140,725.35; and Trade West Construction, Inc. for $126,060.00.
    
    The project was broken out in four smaller, independent projects and the board could have chosen to pursue all, one, or any combination, but with the total being so reasonable, Ken recommends that Trade West Construction be awarded the bid for the full project. The project was bid with prevailing wages since all four projects together totaled over $100,000 and was assigned a Labor Commission Project Identifying Number of CL-2011-321.
    
    Eric Wilbanks asked a couple questions for clarification regarding publication since it was over $100,000 and stated that it must go to lowest responsible bidder per NRS 238.
    
    Sandra Ramaker made a motion to award Contract and Notice to Proceed for the full project scope for Mesquite Heights 24” Butterfly Valve, Canyon Crest 10” PRV, Horizon Boulevard 10” PRV and 20” HDPE Flush Line System to Trade West Construction, Inc. for $126,060.00 Ted Miller seconded the motion and it was unanimously carried. 3-0
    
    6. Discussion & Possible Action – Consideration to approve Task Order 11-4 for a not-to-exceed amount of $10,000 under the general service agreement between VVWD and Bowen Collins & Associates (BCA) to allow BCA to continue support services for the five treatment plants SCADA and PLC systems on an as-needed basis.
    
    Ken stated that this would allow BCA to offer technical support and system configuration support for SCADA software and hardware at the Arsenic Treatment Plant facilities as needed. This would also include installation of software updates, troubleshooting of plant communications,
    and Process Logic Control modifications to allow for system adjustment based on treatment needs. Compensation shall be on an hourly basis not to exceed $10,000 without board authorization.
    
    Mike Chandler was present from BCA to answer any questions and explained a couple items that were outside their scope of service that requires assistance.
    
    Sandra Ramaker made a motion to approve Task Order 11-4 for a not-to-exceed amount of $10,000 under the general service agreement between VVWD and Bowen Collins & Associates to allow BCA to continue support services for the five treatment plants SCADA and PLC systems on an as-needed basis. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    7. Discussion & Possible Action – Consideration to approve Task Order 11-5 with BCA for a not-to-exceed amount of $21,000 for engineering design and specifications for replacement of the force main from Well #2 and rehabilitation of that well.
    
    This project would consist of the design of 2,400 feet of 8-inch PVC pipe connecting Well #2 in Bunkerville to Riverside Road. Design services also include the design of a booster pump capable of conveying water from the well to the Decker Tank, if desired.
    
    Ken stated that after discussion with Mike Chandler and Aaron Bunker that most of the rehab work can be done in-house.
    
    Ted Miller made a motion to approve Task Order 11-5 with Bowen Collins & Associates for a not-to-exceed amount of $21,000 for engineering design and specifications for replacement of the force main from Well #2 and rehabilitation of that well. Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    8. Hydrologist’s Report
    
    Aaron had included a written report and also included a letter he drafted clarifying the First Right of Refusal Fee from the lease of irrigation shares. This letter has resolved all the concerns mentioned. Aaron also stated that two lease agreements have been signed; one from Wolf Creek Golf Course and the other from Conestoga Golf Course.
    
    Aaron mentioned that the LCWD has offered an invitation to tour the Tule Desert and their facilities on the 7th of this month.
    
    Aaron also stated that the lease extensions with SNWA have been forwarded and confirmation of their receipt was received today.
    
    9. General Manager’s Report
    
    Ken had included a written report and reviewed the items with the Board. Ken also stated that he was working on access issues regarding the Secondary well and reservoir in Bunkerville and would be getting bids for road base and grading and would then bring back to the Board for approval.
    
    Ken will be meeting with Trade West Construction tomorrow so the paperwork could be signed for the bid that was awarded to them earlier on the agenda.
    
    Ken has met with Ryan Wheeler from Forsgren to discuss aspects involving their report on the future of a Secondary water system in our service area and a draft report should be submitted this month with Forsgren returning in August with the final report to the Board.
    
    Ken also mentioned that he and Aaron had met with John Lonetti and that Mr. Lonetti would like to lease all shares available, but that all BIC and MIC shares were committed at this time.
    
    10. Public Comment
    
    There was no public comment at this time.
    
    11. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:37 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-07-05 (.pdf 26.K)
  - 2011-06-21: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JUNE 21, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on June 21, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Karl Gustaveson offered a Prayer and Sandra Ramaker led the pledge.
    
    Public Comment – Mr. Kent Harper, the new editor and general manager of the Mesquite Local News introduced himself. Mr. Link Browder with the Furman Group also introduced himself.
    
    Discussion: Board Comments – Ted commented that the financial statement included in the packets was the best he has seen since he has been on the Board.
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 6/7/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for April 2011
    
    4. Discussion & Action – Approve Bills Paid - $137,026.63
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Evaluation and design report presented by Bowen, Collins & Associates, Inc. (BCA) on the options and costs regarding reconfiguration of the Bunkerville culinary water system. Possible action may include, but is not limited to, approving an alternative as presented and direction to Bowen, Collins & Associates, Inc. for engineering design services associated with this project under the General Services Contract between BCA and VVWD.
    
    Mike Chandler with BCA stated that he was approached by Ken Rock and asked to look at the possibility of reconfiguring the current Bunkerville culinary system for potential cost savings, as well to address a couple issues with the current figuration and the way things are laid out. Mike went into explanation of how the current system is set up and the system deficiencies; which include the operational inefficiencies, the Bunkerville tank easement and Well #2 transmission pipelines.
    
    Mike then went into the replacement alternatives and the costs associated with each alternative suggestion. Mike explained that they had come up with three alternatives with the first alternative being to maintain the existing system. Mike had also included five tables with costs associated for different scenarios within each alternative. Mike also stated that there were two items that he felt were common for all the alternatives; one being that the pipeline should be replaced from the well out to Riverside; the second being that the well (#2) was equipped in 1991 and it is anticipated that it will require replacement in the next five to ten years. Mike informed the Board that the costs for both the replacement of the transmission pipeline and the replacement of the well pump have been included in all three alternatives. Mike then proceeded to review each of the alternatives and the costs associated with each for a 20-year life cycle.
    
    Ted questioned the cost of abandoning the Bunkerville tank because he did not see this price and Ken stated that this would be relatively inexpensive. Karl stated that during budget work session the District had only budgeted pipe at $40/ft. compared to BCA budgeting $80/ft., but that these prices are still not set and can change daily. Mike further explained how BCA came up with their costs and estimates. Kenyon stated that after reviewing and seeing the costs and the District not budgeting enough, he feels that the District should replace the transmission line first. Mike Chandler stated that the cheapest cost to the District would be to replace the booster up front for approximately $25,000 and the pipeline replacement estimates are $192,000.
    
    There was further discussion regarding budgeted amounts; saving money by costs associated with the arsenic treatment plants; possibly building the booster in-house; what should the District do; and challenges facing the District.
    
    Ken stated that he was in favor of evaluating Kenyon’s path for replacing the pipeline and booster and requesting BCA to design and to bid each project out separately. There was further discussion regarding designing timeframe. Mike Chandler stated that he could do a task order under the general services agreement with costs, work description and bring back for approval at the next meeting.
    
    Kenyon Leavitt made a motion to have BCA continue with the design process on the Bunkerville project and to come back at the next board meeting with a task order and to have BCA work towards the second meeting in August to come back with a design and engineer’s estimate for the District. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    6. Discussion & Possible Action – Consideration to approve opening a new account at Bank of Nevada for 2011 Bond payments
    
    Wes Smith explained that most of our bonds were with Wells Fargo and that the District makes monthly payments for the semi-annual and annual payments to the bondholders, but the 2011 Bond is a General Obligation Bond and the District will not be making monthly payments to Wells Fargo. The District will still need to set aside the money that will pay these semi-annual and annual payments to the bondholders. This would be an interest bearing account at Bank of Nevada and the District will transfer monthly payments from checking to this account to meet the District’s obligations.
    
    Ted stated that he would abstain from this item since he does business with this bank.
    
    Sandra Ramaker made a motion approving the opening of a new account at Bank of Nevada for the 2011 Bond payments. Kenyon Leavitt seconded this motion and it was unanimously carried by a vote of 3-0 with Ted Miller abstaining.
    
    7. Discussion – Update on conservation efforts – William Peterson
    
    Pete had included a memo to the Board that Ken proceeded to read for the record and the public and added his comments and explanation.
    After item opened to the public, Wade Poulsen with LCWD suggested that the District contact Bruno Bowls who works with SNWA and lives in Ely. Wade stated that Mr. Bowls has stated on several occasions that if someone wanted to use him as a resource for conservation that he was very willing to be of assistance. Mr. Bowls has actually written his own training program for conservation education for young children.
    
    Sandra stated that she thought it was great what Mr. Peterson was doing, but was also concerned and hoped that before an advisory committee was formed that it would come back before the Board for approval, and Ken agreed to do so.
    
    8. Presentation for Discussion & Possible Action – A presentation by the General Manager. The Board may approve of continuing investigations into support for integrating the proposed secondary water system into an affordable and sustainable renewable energy plan for the community.
    
    Ken distributed colored copies of the power point presentation entitled “New Ideas for the Secondary Water System”. Ken began with the current conditions locally, State, Nationally and worldwide to ponder and some quotes. Ken explained his idea of expanding the secondary water system and including hydroelectric generators to make power from all water descending from higher reservoirs; using solar power to pump water and power the community during daylight; and using hydroelectric power to power the community at night. This process would repeat every day and night. Ken proceeded to inform the Board how and whom he has presented this concept to and reasons why he believes this will work. Ken then explained the engineering refinement and validation for his idea.
    
    Ken introduced Link Browder with the Furman Group who explained opportunities for funding, which the District is authorized to receive. Link stated that some grants could offer up to a 75% cost share with the District and other stakeholders having to pay the remaining 25% of the costs, which must be in place before grant is approved. Link thought that if the City of Mesquite and the District worked together that it would be easier to pass through delegation.
    
    Ken then reviewed the bottom line assessment of his idea; the contributors; how the project would receive a return on its investment; the timing; and the recent VVWD accomplishments.
    Ken opened it up for questions and comments with a lengthy discussion continuing on topics such as evaporation, data, costs, sites, timing, money, stakeholders and funding process.
    
    Link stated that the secondary system project would be a good candidate for federal funding even without renewable energy being involved.
    There continued to be discussion regarding the District and not being able to be the front runner on this project and that the secondary system should be the District’s first priority.
    
    Direction from the Board to Ken was to do what he can do without neglecting his other duties and running the District’s day to day operations, and that he could begin speaking with stakeholders.
    
    9. Hydrologist’s Report
    
    Aaron had included a written report, and he also included the final irrigation lease agreement and application. Aaron stated that Wolf Creek Golf Course signed the lease agreement yesterday and Conestoga Golf Course is expected to sign a lease agreement tomorrow.
    
    Aaron also had included the Consumer Confidence Report that he had prepared and would be distributed to all District customers later this week. Aaron also stated that there were no violations with either water quality or monitoring for this report.
    
    Aaron had also been supplied with a composite pipe sample that may take the place of polyethylene pipe and showed this pipe to the Board.
    Aaron also stated that staff was monitoring well #33 closely because it is making a different pitch, but that there has been no decline in production, which is a good thing.
    
    10. General Manager’s Report
    
    Ken had not included a written report since he has been disabled for the past week or more and is hoping that things get back to normal.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:19 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-06-21 (.pdf 27.K)
  - 2011-06-07: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JUNE 7, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on June 7, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Accountant Wesley Smith, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:04 p.m.
    Kenyon Leavitt offered a Prayer and Mark McEwen led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Sandra Ramaker requested that item #3 and 4A be pulled and discussed.
    
    Ted Miller made a motion to approve the consent agenda as listed below with the exception of pulling items #3 and 4A from the consent agenda. Sandra Ramaker seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – with the exception of items #3 and 4A being pulled
    
    2. Discussion & Action – Approve Minutes from 5/19/11 Special Meeting
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    B. Cordova Construction – Ratify $8,700 – Emergency Repair of 14” Ductile Waterline at Kitty Hawk Drive
    C. Sundance Helicopters - $280 – Overage of amount Board approved 5-3-11
    
    ** End of Consent Agenda**
    
    3. Discussion & Action – Approve Bills Paid - $312,522.11
    
    Sandra questioned the amount paid to Draper & Gleave when we have a staff accountant.
    Ken stated that this was due to preparing the budget and that John Gleave had stated that this would be the final bill of this significant amount.
    
    Wes Smith also stated that this was due to the budget process and that he was handling the day to day accounting, but that John’s experience and expertise was required in order to meet budget requirements and compliance.
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    A. Dell Marketing - $4,618.64 – Two desktop PC’s
    
    Sandra stated that she thought these computers were in the next budget ending 6/30/12 and not the current fiscal year.
    
    Wes stated that they are in both budgets and that Tracy replaces old equipment as it is cycled out. Wes also stated that this was approved in the 2011 budget process and explained what was budgeted and the amount spent to date.
    
    Ken also mentioned that since we had to turn over a couple computers to the DA, that he has requested Tracy to order a new laptop computer, but that we would still be under budget for this fiscal year.
    
    Mark McEwen made a motion to approve items #3 and 4A. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    5. Discussion & Possible Action – Consideration to approve agreement with Robcyn, LLC for Robcyn, LLC to continue to provide consulting services to the District for a term of twelve months.
    
    Mike Ford and Barry Stubbs were present along with their new associate, Joe Liebhauser. Mike Ford began by distributing handouts and informed the Board that he had Barry had been associates together for eleven years. The handouts contained information on who they are, how they got here and who they represent. Another handout explained what they have done for the VVWD within the last year since they were engaged with the District and continuing or future projects that they foresee the District requiring their assistance. Mr. Ford continued verbally on what was contained within the handouts stating that their expertise was with federal agencies such as the BLM, BOR, Fish & Wildlife, National Park Services and ACOE. Mr. Ford further stated that they have been working closely with Ken, Bo and Aaron. Robcyn is putting together a plan to augment right-of-ways, easements, permits, etc. on federal lands with Aaron and have been working with Bo on historical activities.
    
    Ted asked about the District’s trespass violation on well #30 site and whether this has been resolved and how it was accomplished. Mike explained that this matter was resolved as it pertains to the District, but they are not involved with the litigation matter filed by Rebel Communications. Bo clarified that Robcyn was very effective in resolving the District’s trespass violation with the BLM, but because Rebel Communications has filed a lawsuit, it has not been completely resolved. The District has the right to be on that site, but no third parties (Rebel Communication) can be on that site.
    
    Kenyon questioned their foresight and how long it would take Robcyn to accomplish the activities mentioned. Mike Ford stated that whenever the Board said they no longer required their services, they would be done. Barry Stubbs stated that if he had to guess, he would estimate that it would take at least six months to a year to finalize the HCRP and HMMP.
    
    There was further discussion regarding the contract and it was explained that all their contracts have a 30 day out clause and that they bill a flat fee with no indirect expenses billed monthly.
    
    Mark McEwen thanked the Robcyn crew for attending the meeting at his request from the budget workshop and informing the Board of what they have done and what they will be doing for us and also felt that the Board should review every six months.
    Ken stated that Robcyn has proven that they are very valuable to the District and feels that it is good to have them on an annual contract so the Board can ask questions every year.
    
    Kenyon Leavitt made a motion to approve agreement with Robcyn, LLC to continue to provide consulting services to the District for a term of twelve months with a six month review at the December 6, 2011 Board meeting. Sandra Ramaker seconded the motion and it passed by a vote of 4-1 with Ted Miller opposed. 4-1
    
    6. Discussion & Possible Action – Consideration of the terms and a proposed draft of a standard lease for the District’s leasing of irrigation shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company. Possible action may include adopting the proposed draft lease as the District’s standard lease for its irrigation shares with possible additions or modifications as determined by the District’s board.
    
    Bo stated that he tried to take Ordinance 5 and put it in the framework of a more traditional lease for reasons of practical concerns that we are dealing with in the Virgin Valley; some undetermined specifics such as the amount of water per share and the place of use. Bo further stated that this accomplishes the purposes of Ordinance 5 while at the same time trying to address those unknown issues without causing potential harm to the irrigation shareholders.
    
    Aaron had put together a table based on Wolf Creek’s usage for an 18 hole golf course with projected revenues to the District comparing rate/fees and metered/leased shares. Under the standard lease/share method, lessees would still be able to pay a rate lock/right of first refusal one-time fee based on years desired, up to 8 years. All MIC and BIC shares, except shares leased by Wolf Creek ($250/share) are currently leased at $300 per share.
    
    Kenyon asked about issuing a “will-serve letter” and Bo explained that he didn’t believe that would be necessary because the golf courses would be able to show in the lease agreement that they are locked in for 8 years and will have that first right of refusal as long as the District is leasing the shares and they want to pay what the District is requesting per share.
    
    Karl opened the item to the public and Robert Fuller with Wolf Creek Golf Course stated that the lease agreement was fairly understandable, but he had a few questions regarding 3b; hoping that with paying a rate lock fee that the Board would not go to the $300 per share, increasing their lease amount 20%; and questioned if at the end of 8 years if they would still retain that first right of refusal even if the rate was amended.
    
    Bo answered that 3b is essentially stating that the District is not the irrigation company(s), but the District owns the shares and the District is giving all of its rights in the shares to whomever leases the shares; but just as the District is subject to some restrictions, limitations, etc., the lessee would be subject to the same limitations.
    
    Bo stated that the price per share was entered at $300 because that was what he thought had been discussed, but this amount can easily be modified and then Bo proceeded to review and explain the first right of refusal.
    
    A discussion regarding the rate lock fee, first right of refusal and cost per share ensued. Bo had not actually written into the lease agreement that the first right of refusal would continue after the 8 years, but stated that he could add that if the board so directed.
    
    Tim Colbert with Pulte stated that Conestoga Golf Course would like to engage with the VVWD quickly in lieu of who they are currently leasing irrigation shares from. Tim further stated that he does not want to complicate things and/or drag this out any further and supports the lease as written and that they just want to move on and get lease agreement as soon as possible.
    
    Bo had drafted an additional paragraph for the lease agreement as it pertains to the continuation of the first right of refusal and read it aloud:
    
    “After January 1, 2020, if Lessee continues to hold a right of first refusal as provided for above as to any of the Irrigation Shares, Lessee shall have the right to continue to lease the same Irrigation Shares on a perpetual basis provided Lessee is not in breach of this Lease; however, the rent amount for the Irrigation Shares shall be determined in the sole and absolute discretion of VVWD”.
    
    Further discussion ensued between the Board and the public regarding the rate lock fee, the cost per share comparable to Ordinance 5, and whether the lease agreements should come back before the Board. Brian Haderlie questioned how shares would go out to lease as they became available and was informed that it would remain on a first come/first serve basis.
    
    Kenyon Leavitt made a motion to accept the lease agreement with the amendment that Bo has established for after the eight years (After January 1, 2020, if Lessee continues to hold a right of first refusal as provided for above as to any of the Irrigation Shares, Lessee shall have the right to continue to lease the same Irrigation Shares on a perpetual basis provided Lessee is not in breach of this Lease; however, the rent amount for the Irrigation Shares shall be determined in the sole and absolute discretion of VVWD): that we put that on the proposed rate of $250 per share; that the lease amount for non-locked in rates be reviewed annually at budget time; that shares will be leased on a first come-first serve basis; and that the lease agreement does not have to come back for Board approval as long as lessee meets all requirements within the agreement. Sandra Ramaker seconded the motion and the motion passed by a vote of 4-1 with Ted Miller opposed. 4-1
    
    7. Discussion & Possible Action – Consideration of amendment, revision, or repeal of Ordinance 5 based on the District’s intention to proceed with traditional leasing or irrigation shares.
    
    Sandra Ramaker made a motion to repeal Ordinance 5. Kenyon Leavitt seconded the motion and it was carried unanimously. 5-0
    
    8. Discussion & Possible Action – Consideration of lease extension offers from Southern Nevada Water Authority to extend existing leases for a period of three (3) years for water shares in the Mesquite Irrigation Company and the Bunkerville Irrigation company and which are scheduled to expire on September 30, 2011.
    
    The District currently owns 8 BIC shares and 1 MIC share that were purchased after already being leased to SNWA from the former owners. The District is able to renew these leases with SNWA for an additional three years or until September 30, 2014. The lease rate being offered is $1,816 per year for a BIC share and $1,620 per year for a MIC share. This is an approximate 40% reduction from last year.
    Ken stated that after the secondary study is completed, we would have more information on how the District will utilize their irrigation shares, but at this time, it is more economical to lease to SNWA.
    
    Sandra Ramaker made a motion to continue with the lease extension offers from SNWA for three (3) years at the new rate shown of $1,816 per year for eight (8) BIC Shares and $1,620 per year for one (1) MIC Share. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    At this point in the meeting, Karl stated there may be a reason to re-look at the Lease Agreement in item #6 on the agenda and we should probably deal with this right now. Bo pointed out that there are a couple things that had been left undecided. Karl stated that this was on page 4 of the agreement under item 6c regarding subleasing and the percentage the lessee shall pay to the District if they sublease their rented shares after approval from the Board.
    
    Ken stated that he felt this would add a lot more complications and would rather not have subleasing, but that was a decision for the Board. Bo explained his reasoning for the subleasing and the potential benefit to the District.
    
    Discussion continued on the options regarding subleasing.
    
    Sandra Ramaker made a motion to delete number 6-Assignment and Sublease from the irrigation lease contract. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration of direction to legal counsel for the District to take appropriate actions to protect the District’s interests and position with respect to potential criminal forfeiture actions of seized assets and related civil proceedings related to pending felony and gross misdemeanor charges against Michael E. Johnson and Robert Coache.
    
    Bo stated that this may entail filing a Notice of Claim which is an official filing with the court just as the Board had directed to be done with Michael Johnson. If Metro and the DA move forward and there is a forfeiture action as a result of the seizing of assets, Bo recommends that the Board instruct counsel to file a claim so that the District will be basically telling the court and everyone that the District has a claim to those assets. If the seized assets come up for a determination of priority of who were the victims and who has the rights to the seized assets, the District will have something on file stating that the District feels that it is entitled to the assets.
    
    Mark McEwen made a motion directing legal counsel to take appropriate actions to protect the District’s interests and position with respect to potential criminal forfeiture actions of seized assets in related civil proceedings related to pending felony and gross misdemeanor charges against Michael E. Johnson and Robert Coache. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    10. Hydrologist’s Report
    
    Aaron had included a written report and also informed the Board that he has been working on the history of the VVWD. Aaron also informed the Board of his recent visit to the rain gage sites by helicopter and that a couple gages were damaged and required repairs and this caused more ground time and the higher than anticipated invoice charges. Aaron also stated that he and Ken were looking at the possibility of not utilizing a helicopter and trying to reach the sites by ATV and hiking in.
    Aaron also stated that his top priority would be working on the HMMP with Barry Stubbs and Mike Ford.
    
    Aaron further stated that he has received a couple calls for individuals requesting to sell their shares to the District and informed them to request to be put on the agenda for Board consideration.
    
    11. General Manager’s Report
    
    Ken had included a written report and distributed some handouts to the Board. Ken also stated that he has spoke with Forsgren regarding buying irrigation shares and that they suspect after the report is completed, they would like to discuss and put up a standing offer what the VVWD will pay for it.
    
    Ken also reported on his health status stating he would see his surgeon tomorrow.
    
    Ken then answered a few questions from the Board regarding his report and activities.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:15 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-06-07 (.pdf 36.K)
  - 2011-05-19: Special Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MAY 19, 2011
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on May 19, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Board Members Ted Miller and Sandra Ramaker. Secretary-Treasurer Kenyon Leavitt was not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Mark McEwen offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – Tim Colbert with Pulte questioned if public comment would be allowed on agendized items and stated that he had a couple comments regarding item #10. Tim read from a handout stating that #2 states that it is advantageous for the golf courses and he doesn’t feel that it is and his second point was that the metered service had passed twice before the Board and now with changing, Conestoga Golf Course has seen an 18% increase from two weeks ago. Tim also questioned the market value of $300 when the District has not been able to lease all their available MIC shares.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Mark McEwen made a motion to approve the consent agenda as listed below. Sandra Ramaker seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 5/3/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Minutes from 5/5/11 Budget Work Session
    
    4. Discussion & Action – Approve Financial Statement for March 2011
    
    5. Discussion & Action – Approve Bills Paid - $273,181.43
    
    ** End of Consent Agenda**
    
    6. Discussion & Possible Action – Consideration to approve an increase in the amount of the contract for government and legislative affairs consulting – Requested by Randy Robison with Capitol Strategies
    
    A letter with an explanation for this request was submitted by Randy Robison. Ken stated that Randy has proven his value to the District in his ten-plus years working with the legislature, particularly at this time with issues regarding Lincoln County, water right issues, etc. Ken further stated that Randy had provided a pretty good list of why an increase is warranted. Randy also is a lobbyist for the City of Mesquite and is very involved and protective of the interests in this area. Ken feels personally that Randy would continue his services without an increase, but doesn’t feel that’s inappropriate for considering how little he’s been paid compared to other lobbyists and the value he provides to us in these difficult times.
    
    There was further discussion and comments by the Board. Ted stated that he dislikes lobbyists and feels that we have elected officials to handle. Mark mentioned how little he gets paid and Randy’s rates were compared to other lobbyists for the District. Sandra agreed that Randy has done a good and an increase is probably warranted, but maybe we could split the difference. Ken stated that maybe we could offer half this year ($500) and then the other half ($500) next year.
    
    Mark McEwen made a motion to approve an offered increase to Randy Robison of $500 per month for the next fiscal year with the understanding that the Board will review again in a year with the possibility of increasing another $500 per month. Sandra Ramaker seconded the motion and it passed by a vote of 3-1 with Ted Miller opposed. 3-1
    
    7. Discussion & Possible Action – Consideration to approve addendum to agreement to provide consulting services between Robcyn, LLC and the VVWD to extend for twelve months through April, 2012.
    
    Ken stated that both Barry Stubbs and Mike Ford have had careers in public agencies such as the BLM, and they are interfacing the District with these other agencies. Ken also stated that they made it easier for us to get by with the paving up to our reservoir; they will help with the BLM on well #30 site with the radio tower; but most importantly, they are facilitating the HMMP and the HCRP with the City and the District. Ken recommended that we continue their services and to look at yearly.
    
    Aaron explained how their assistance is helping with the HMMP and how they will be of tremendous help with easements and right-of-ways on BLM land where no records can be found now.
    
    Ted mentioned that he thought when we began their services, it was only to be for a year and Karl stated that their scope of work has changed since we first hired them. There was further discussion regarding well #30 site, the scope of work they were hired for and continuing service.
    
    Bo stated that he had some comments on the contract stating that initially they were contracted for the tower issue and that they were key in making sure everything was okay with the BLM even though this issue has not been resolved. Other concerns Bo has with the contract is that they are asking for an extension for another year on the same contract which states that the District would pay them $10,000 for the first two months and then $5,000 for the remaining ten months. Bo doesn’t feel that this is what they expect but that it needs to be spelled out that it is only for $5,000 per month. Bo further stated that the scope of services originally presented to the District did not have a fourth item that we had previously asked them to include in their scope of services. Bo feels that since we pay them a flat fee, they should do absolutely everything that we can have them do; and one of these was to assist in litigation and Bo would like to increase the scope of services to include this. The District also requested that they provide a monthly summary of services rendered and this also should be included in the scope of services.
    
    Sandra Ramaker made a motion to approve a 12 month contract with the updates discussed. Karl Gustaveson seconded the motion. The motion died by a 2-2 vote with Ted Miller and Mark McEwen opposed. 2-2
    
    There was further discussion and whether to bring back with a full board. Mark proposed that Mr. Stubbs and Mr. Ford come to the next board meeting and explain their services in more detail. Bo also mentioned that we may be able to negotiate as with Capitol Strategies.
    
    8. Discussion & Possible Action – Public Hearing on Tentative Budget and Approval of Final Budget for Fiscal Year Ending June 30, 2012
    
    Ken began by summarizing the massive changes from the last budget. Ken further stated that he was proud of this budget and the costs that were cut; it is more economical; and with a positive on the bottom line, the District will be able to start putting money away for depreciation seven years sooner. Ken reviewed the budget summary sheet and explained the changes. Ken then began reviewing the budget and explaining where the District had saved money in salaries, utilities, repairs and maintenance and capital improvement projects. Ken asked the Board to re-consider the part-time employees and the reasons for his request, but it was not added back in. Ken also stated that if the budget again looks this good next year, he would like to add in a staff engineer.
    
    Karl opened the item to the public with John Paul stating that he would like to compliment the Water District’s conditions now.
    
    Sandra Ramaker made a motion to approve the tentative budget as filed with the State with changes made regarding the District’s lobbyist, Randy Robison as the final budget for fiscal year ending June 30, 2012; and in the event that the State would want to pull money from our reserves, the District can revise the budget within thirty days. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    9. Discussion & Possible Action – Consideration to approve a License and Indemnification Agreement with Theron Jenson, as Trustee of the Elisa Biasi 1983 Trust (the “Trust”), to grant the District a revocable license to access certain real property owned by the Trust for purposes of monitoring wells located on such real property and to authorize execution of a conflict waiver to allow the District’s general counsel, Bingham & Snow, LLP, to draft the License and Indemnification Agreement based on Bingham & Snow’s concurrent representation of Theron Jensen as Trustee of the Trust.
    
    Bo stated that his firm was representing Theron Jensen as Trustee of the Trust. Bo further stated that Aaron had approached him regarding wells located on the Biasi property and that there was no legal document signed stating that the District has access to the wells on this property. Bo approached Theron and Theron is fine with this as long as the Trust is secure. This way, District employees can access the property without the Trust being responsible for any possible accidents that may occur. Bo also stated that while there is a conflict of interest because Bingham & Snow represents both the District and the Trust in this matter, the agreement was requested by the District; it benefits the District; the conflict can be waived; and that the agreement presented was a standard agreement.
    
    Mark McEwen made a motion to approve the License and Indemnification Agreement with Theron Jensen as Trustee of the Elisa Biasi 1983 Trust which grants the District a revocable license to access certain real property owned by the Trust for purposes of monitoring wells located on such real property and to authorize execution of a conflict waiver to allow the District’s general counsel, Bingham & Snow, LLP, to draft the License and Indemnification Agreement based on Bingham & Snow’s concurrent representation of Theron Jensen as Trustee of the Trust. Ted Miller seconded the motion and it was unanimously carried. 4-0
    
    10. Discussion & Possible Action – Discussion of options for the leasing of the District’s irrigation water shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company on a traditional per share basis as the District has done in the past. This item may also include a discussion of Ordinance 5 and its interrelationship with the District’s prospective traditional leasing of irrigation shares. Possible action may include but is not limited to establishing the terms and details for the District’s traditional leasing of irrigation shares, the length of time for such leases, a possible fee for locking in a long term lease, the cost per share for leasing the irrigation share, whether leased water may be subleased and if so on what terms, whether there may be other fees associated with the leases, how the irrigation shares will be offered to the public for lease, and all other parameters and details related to the District’s leasing of irrigation water shares.
    
    Ken introduced the item stating that concerns by Jeff Johnson, Chief Hydrologist for SNWA, the irrigation companies, and our Hydrologist, Aaron Bunker, regarding the metering, point of use and quantities have been brought up. Ken further stated that in order to achieve the goals for long term leasing for the golf courses, while quelling the concerns of the issues raised by other parties, and for the best interests of the District; revisions to Ordinance 5 have been done for leasing water long term in lieu of metering water to the golf courses.
    
    Bo continued stating that these issues were raised by Aaron Bunker and Jeff Johnson and if the irrigation water was solely metered, it would not be in the best interests of the irrigation water users or the District. Those concerns were also shared by the irrigation companies. In an effort to limit potential issues in the future and interruptions to a user, we think that this proposal is a balanced proposal. If approved, this proposal could still allow a user to lock in a rate for up to eight (8) years, while limiting the District’s exposure to the issues raised by Aaron Bunker and Jeff Johnson. Bo explained that the proposal was put together so quickly because the golf courses have expressed a desire to move forward quickly and the board has already discussed many of these issues in past meeting. However, Bo also explained, that the Board may want to take more time to review these issues before taking action. Karl stated that he would like to work through it because summer was almost here and also asked if the lock in fee was more or less expensive because he wanted to stay within the parameters that were part of the first negotiations.
    
    Aaron explained that the rate lock fee proposed per share was equal to what would have been charged under Ordinance 5, but if the water was metered, the user would be paying less due to not having to pay for as much water during the winter.
    Ken stated that it was proposed to lease at $300 per share, but that leasing at $250 per share would be closer to the metering rates of .10 cents/1,000 gallons. Ken also thought that the golf courses could sub-lease in the winter and they could get their revenue back that would compensate for that.
    
    Karl stated that the document does not spell out the leasing term. Bo stated that the proposal was not provided as a final document for signature. Bo gave background information regarding NRS and issues with leasing for more than one year, but that we could word the contracts to give those leasing water a first right of refusal to continue leasing the water the following year. Bo further stated that the lessee could have a guaranteed price for 8 years and if reviewed annually, they may not require as many shares the following year and would have the first right of refusal so they would have water continuously. There was further discussion regarding the amount of water per share and if you go by shares and if metered, this would open up issues.
    
    The item was opened up to the public. Rob Fuller with Wolf Creek Golf Course commented that since the information was just recently received he was trying to comprehend and felt that a “Will Serve Letter” by nature would be a perpetual water supply with only a lock rate fee for eight years. There was further discussion and explanation of continued service by first right of refusal, cost/price difference in metering vs. per share. Bo stated that no Will Serve Letters have been issued under Ordinance 5 as passed at the last meeting, he also wanted it known that if this matter was not handled appropriately it could raise very serious issues. Bo also stated that we’ve only touched upon one issue i.e., the possible uncertainty of the amount of water in a share; another issue could be the place of use; and if this is not handled appropriately, it could harm everyone who owns shares in Mesquite Irrigation Company.
    
    There was further discussion with input from the public, regarding the State Engineer, peak use, how leasing Virgin River water was set up and year round usage and subleasing shares.
    
    Bo thought it may be helpful to get together with the VVWD Board and staff, golf course representatives and the irrigation company representatives for a workshop to determine the best ideas for a final decision.
    
    There continued to be a lengthy discussion regarding the terms; whether to have a workshop; subleasing; issues previously mentioned; and Ordinance 5.
    
    Mark McEwen made a motion directing the General Manager, Legal Counsel, Hydrologist, and any others that the General Manager sees fit, to establish the terms and details for the District’s traditional leasing of the irrigation shares and to return a document at the next meeting for final approval. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    11. Discussion & Possible Action – Consideration of and possible action to appoint an Assistant General Manager to manage the District in any absence of the General Manager due to medical leave, vacation, or similar temporary absence. Pursuant to the requirement of NRS 241.033, notice is given that this is an item that could involve a discussion of potential candidate’s “character” and “professional competence” as those terms are referenced in the statute.
    
    There was discussion as to whether they were actually appointing a new assistant general manager and creating a new position; and Bo read from the current by-laws and stated that the assistant general manager would just stand in if the General Manager was gone for any period of time and that this would not be a new position. Karl suggested that the Board give their comments and Sandra commented that maybe they should look to the General Manager for his opinion.
    
    Ken stated that William “Pete” Peterson took on the role of interim general manager before Ken was hired and Pete has stated that he would rather not hold that position again. Ken further stated that other supervisors know their position and do quality work, but communication skills would not be at the level required. Ken stated that Aaron Bunker is aware of the field operations and that his communication skills are very good, especially verbally, and that he is capable of making clear and valuable decisions and is confident that Aaron would protect the District’s interest.
    
    Ted Miller made a motion to appoint Aaron Bunker as the Assistant General Manager to manage the District in any absence of the General Manager due to medical leave, vacation, or similar temporary absence. Mark McEwen seconded the motion and it was unanimously carried. 4-0
    
    12. Hydrologist’s Report
    
    Aaron had included a small written report, but also stated that the majority of his time has been spent on item #10/the leasing of irrigation shares and the budget.
    
    13. General Manager’s Report
    
    Ken had not included a written report and stated that “ditto” on Aaron’s remarks that he has been working on the leasing of irrigation shares and the budget.
    
    14. Public Comment
    
    Duane Magoon of Bunkerville commented on the measurement of ‘shares’ and how much land could be watered per a ‘share’ and concerns of the irrigation companies regarding this.
    
    Don Paff of Bunkerville also commented that the Board should be very sensitive what they are doing with water rights especially now with the State Engineer’s office being scrutinized.
    
    15. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:32 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Special Board Meeting Minutes: 2011-05-19 (.pdf 26.K)
  - 2011-05-05: Budget Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT BUDGET WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MAY 5, 2011
    
    Minutes of a Budget Work Session of the Virgin Valley Water District Board held on May 5, 2011, at the Virgin Valley Water District Office at 9:00 a.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. General Manager Kenneth Rock was not present. Also present were District Hydrologist Aaron Bunker, Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 9:17 a.m.
    
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – None
    
    1. Discussion & Possible Action – Consideration of issues and information related to the District’s proposed budget for its next fiscal year ending June 30, 2012. Issues to be considered may include, but are not limited to, projects anticipated to be undertaken, continued or completed during the District’s next fiscal year; anticipated revenue required for the District’s next fiscal year, and the sources for such revenue; and the anticipated costs and expenses of the District during its next fiscal year.
    
    Karl began by reading the notes at the beginning of the budget packets from Ken and stated that we should just start at the front and work our way through as in the past.
    
    The first item was salaries. Ken’s suggestions were to have company continue with paying the PERS without employees taking a salary decrease; employees receive step increase if warranted. Mary stated that line and maintenance employees were going to take off a day during the week and work at regular time over the weekend when they had to take the well readings. This saved over $13,000 that had been removed already from the budget presented. Also, it was decided not to hire two part-time employees for the summer saving over $19,000. The amount for step increases for those employees eligible totals $12,812.
    
    A lengthy discussion ensued regarding salaries and benefits and whether to cut any of these benefits. It was determined to continue with the budget and return to this item after looking at other items and where cuts may be made.
    
    After beginning to review, only changes being made to the budget as presented are mentioned in the minutes.
    
    Under ‘Office Expenses 5210-00’ it was directed by the Board to look at other means of distributing conservation inserts at a lower cost.
    
    ‘Miscellaneous 5240-00’ - $1,000 cut from line items 1 and 3 for a total budget of $4,500.
    
    ‘Postage 5260-00’ – Federal Express was taken from $2,000 to $1,000 and it was also determined to put Federal Express billing to the maintenance item in lieu of postage also.
    
    A break was taken at 10:52 a.m. and the work session resumed at 11:01 a.m.
    
    ‘Travel & Training 5270-00’ line item #5 for Lobbying & info Washington, DC was removed for $5,000 leaving a total budgeted line item of $19,500.
    
    ‘Outside Accounting 5310-00’ increased $5,000 for a total budgeted item of $15,000.
    
    ‘Engineering 5320-00’ was discussed, but eventually it was decided to come back to this item after lunch and after meeting with the supervisors for ‘Repairs & Maintenance and Capital Outlay’.
    
    A lunch break was taken at 11:53 a.m. and the budget work session reconvened at 12:30 p.m.
    
    Supervisors Steve Tietjen, Pete Peterson and Rob Faught arriving a little later, were present to review the repairs and maintenance items along with any capital outlay.
    
    ‘Well Maintenance 6120-00’ Line item #12 for miscellaneous well maintenance for $5,000 was removed since it was a duplicated item. $10,000 was budgeted for line item #10 for ‘well #31 pump bowls Flowserve 15 EHM”.
    
    ‘Tools and Supplies 6140-00’ line item #2 for $1,500 was eliminated.
    
    ‘Chemicals (Chlorine) 6210-00 increased $20,000 for a total budgeted line item of $205,000.
    
    Under ‘Maintenance Reservoirs 6350-00’ line item #3 for diving services would remain at $5,000 in lieu of $25,000.
    
    ‘6375-00 Line Maintenance’ was increased $25,000 on line item #1 for a total budgeted line item of $185,000.
    
    ‘Fire Hydrant Maintenance 6385-00’ was increased $4,000 for a budgeted line item of $7,500.
    
    Capital Outlay was the next section to be reviewed. ‘1505-00 Building and Improvements’ line item #1 for site improvements for conservation was removed for $12,000 where this item was already budgeted for under ‘General Maintenance 6130-00’.
    
    ‘Production Wells 1510-00’ was reviewed, prioritized and determined if items should remain in capital outlay or moved to well maintenance. Line items, as presented, were removed: #4, #6, #7, #8 and #10. Line item #9 for PRV discharge line @ site #32 drain line was increased to $205,000 from $80,000 and was put as the number one priority for the District. Line items #1, #2, #3 and #5 were removed from capital outlay and moved to well maintenance 6120. These items were then prioritized with #1 at #1; #2 at #3 and amount increased to $100,000 from $80,000; #3 at #2 and #5 prioritized as #4.
    
    Under ‘1520-00 Transmission Structures’ the 120 interchange was discussed and how much money should be budgeted, if any, or wait until the 118 interchange was constructed. It was determined to have staff review this issue and have information available at the next meeting.
    
    ‘Distribution 1570-00’ - line item #15 for $30,000 was removed.
    
    ‘Machinery and Equipment 1580-00’ - $4,200 was added for a steam cleaner. Line items #1 and #2 were removed for an ending budgeted line item of $11,000.
    
    ‘Office Capital Assets 1650-00’ – line items #3 and #6 were removed leaving a total budgeted line item of $5,700.
    
    The Board then went back to Contracted Services, ‘Engineering 5320-00’ and line item #1 was decreased to $30,000 for the current, annual contract with Bowen, Collins & Associates. Line item #2 was decreased to $20,000 to pay the remaining amount from contract entered into for the secondary feasibility study with Forsgren Associates, Inc. for $30,000. Line item #3 was renamed to outside engineering services and budgeted amount increased to $50,000 for a total budgeted line item of $100,000.
    
    Also under Contracted Services, ‘Board Members Fees 5350-00’ – line item #2 was increased $2,000 to make it $5,000 for a total budgeted line item of $14,600.
    After discussion, Operating Revenues was decreased $200,000 for a total budgeted line item of $7,062,000.
    
    Salaries were again discussed with the only change coming from removing the part-time employees for $19,200, which this in turn would remove the social security from the Taxes section. With a proposed final budget of $1,016,769 for Salaries & Benefits, a 5.6% decrease from last fiscal year budget was proposed.
    
    2. Public Comment – There was no public comment at this time.
    
    3. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 4:22 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Budget Work Session Minutes: 2011-05-05 (.pdf 20.K)
  - 2011-05-03: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MAY 3, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on May 3, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District Legal Counsel Bo Bingham, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items. District General Manager Ken Rock and District Hydrologist Aaron Bunker were not present.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Mark McEwen offered a Prayer and Sandra Ramaker led the pledge.
    
    Public Comment – Brian Haviland of Bunkerville stated that he had a comment on the presentation given by Forsgren Associates for the Secondary Feasibility Study and the money allocated. Brian stated that he thought the money was allocated for a secondary water study and their presentation was not anywhere within the scope of work the Board had approved for a project that was fiscally responsible; but more for someone’s dream that wouldn’t happen for another 20-30 years, if ever.
    
    Karl answered stating that this would usually come before the Board at another meeting, but he would go ahead and answer Brian’s question stating that Forsgren found a grant that they felt could go along with this study and expand the scope and have it paid for by this grant. Karl further stated that the money spent to date has been for the secondary study and Forsgren didn’t charge the District looking into the grant.
    
    Discussion: Board Comments – Sandra stated she had some concerns in regards to water conservation, having spoken to several individuals with questions; she would like to see a workshop put together with some outlines and bring back to the Board for approval.
    
    President of Board Comments – Karl stated that he wanted to apologize that the information for item #8, Ordinance 5, had not been distributed any sooner than right before the meeting, but legal counsel was out of the office until Monday.
    
    CONSENT AGENDA:
    
    Sandra requested that item #7 be pulled and Karl asked that item #6A be pulled to give the public more information.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below with the exception of pulling items #6A and #7 from the consent agenda. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Items 6A and 7 pulled from consent agenda
    
    2. Discussion & Action – Approve Minutes from 4/19/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Minutes from 4/25/11 Special Meeting
    
    4. Discussion & Action – Approve Financial Statement for February 2011
    
    5. Discussion & Action – Approve Bills Paid - $364,487.71
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    B. Sundance Helicopters – Estimated between $3,500 - $4,500 – Visit rain gage sites
    
    ** End of Consent Agenda**
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    A. Legacy Construction – Ratify $12,967.50 for the emergency repair of a 14” water main on W. Pioneer Blvd. near Siena Lane
    
    Karl requested that this item be pulled from the consent agenda and explained to the public that the District had a 14” water main break on Pioneer Boulevard and the District took emergency measures and went out to bid. We received five bids with Legacy Construction the low bidder. The work has already been completed.
    
    Kenyon Leavitt made a motion to ratify $12,967.50 to Legacy Construction for the emergency repair of a 14” water main on W. Pioneer Boulevard near Siena Lane. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    7. Discussion & Action – Approve changing regularly scheduled Board Meeting on May 17th to May 19th in order to be held in conjunction with Public Budget Hearing Scheduled per NRS
    
    Sandra stated that she wanted the public to know that this meeting is scheduled per NRS and instead of having two meetings in one week, the regular meeting for Tuesday is held along with the public budget hearing.
    
    Mark McEwen made a motion to approve changing regularly scheduled Board Meeting on May 17th to May 19th in order to be held in conjunction with Public Budget Hearing scheduled per NRS. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration of and possible action to approve the proposed language for the Ordinance for the metered lease of irrigation water including final terms, parameters, and details Kenyon stated that he thought we could discuss, but maybe table until next meeting since the Ordinance was only presented today and no one has had time to review. Karl stated that this would make the third delay and unless there was a compelling reason, he felt the Board should move forward. Mark felt that this reason was compelling enough to wait two weeks.
    
    Bo explained that he had met with Aaron and Kraig Hafen last Wednesday and a rough draft was started, but Bo was out of town and it was not completed until today. Bo further stated that we could discuss it in as much detail as wanted, or put it off if the Board so desired; but he could answer, or attempt to answer, any questions that may come up.
    
    Karl asked if the first 11 items that have already been approved were in the document. Bo stated that they were, but not in that numerical order. Bo stated that the District currently has parameters in place for leasing and auctions and that the terms of the proposed ordinance, as discussed by the board thus far, are not fully consistent with some of those parameters. Bo had included alternative language in Article #2 that would coincide with the District’s previous parameters and the Board could decide to adopt all, or a portion of the alternative language.
    
    There was discussion as to the limited supply of river water and that the District shall not be responsible for any shortage or any failure to provide a sufficient amount of river water unless the shortage or failure is caused by the willful act or gross negligence of the District. Rob Fuller with Wolf Creek Golf Course (WCGC) stated that they have a metered history and thought District staff would use this history to determine the amount of water that would need to be set aside for their course.
    
    There continued to be a lengthy discussion regarding shares versus $.10/1,000 gallons and how the District would lose income; the amount of water in a share; how it would be determined the amount of water a golf course would require; the monthly service charges; and peak usage.
    
    Bo clarified why the Ordinance was presented for approval as written. Kenyon stated that he thought the last paragraph in Article 2 should be removed. Sandra stated that if the alternative language was used, that number 5 should be removed since Ordinance 5 was for 8 years and it states leasing only for one year.
    
    After continued discussion, Bo stated that maybe we should go through the Ordinance and treat each issue separately. Bo began with Article 1 and continued with Article 2 with discussion from the Board.
    
    Ted Miller made a motion concerning Article 2 removing the last paragraph and using the alternative language with number 5 being scratched. Kenyon Leavitt seconded this motion with it passing by a vote of 4-1 with Mark McEwen opposed. 4-1
    
    Bo continued reviewing each article. Bo stated that the motion approving this action included in Article 5 did not expressly include the date of December 31, 2020, but only mentioned 8 years. He didn’t know if the Board wanted to end in December or 8 years from 6/1/11.
    
    Kenyon Leavitt made a motion that Article 5 begin June 1, 2011 and ends in eight years. Sandra Ramaker seconded this motion and it was unanimously carried. 5-0
    
    Article 7 would need to be changed due to Article 2 being amended.
    
    Ted Miller made a motion to amend Article 7 with the alternative language numbered 1-4 from Article 2. Kenyon Leavitt seconded this motion and it passed by a vote of 4-1 with Mark McEwen opposed. 4-1
    
    Bo continued reviewing the articles and discussion ensued on Article 14 regarding other costs and expenses. A lengthy discussion continued regarding assessment fees; responsible party(s) for other costs & expenses; negotiating costs for repair; and the fact that the District is the owner of the shares and ultimately responsible because they are the owner.
    
    Ted Miller made a motion to eliminate the first paragraph of Article 14. Sandra Ramaker seconded the motion and it passed by a vote of 4-1 with Mark McEwen opposed. 4-1
    
    Article 16 regarding the water meters was discussed and the responsible party for ensuring accuracy and reliability.
    
    Kenyon Leavitt made a motion to approve Article 16 as written with the meter being calibrated yearly, if possible, and if the meter requires any repairs, the meter owner will be responsible for the repairs. Ted Miller seconded this motion and it carried unanimously. 5-0
    
    There continued to be discussion regarding Will Serve Letters and protection to the user so that the District doesn’t lease out too much water and how this would be handled. It was also discussed if this was going to be based on a first come/first serve basis or if a certain amount was guaranteed to any entity.
    
    After a lengthy discussion, the parameters were set out for inclusion for in a Will Serve Request and would be added to Article 2:
    Shortage of water -
    Property location (physical address, APN)
    Size of meter(s)
    Peak usage
    Total use on annual basis
    Required entity information – outlined in Article 2 paragraph 2
    Board review actual water usage on an annual basis, amount of water required for peak usage and determination if “shares” (or the amount of water aside) needs to be adjusted
    Will Serve will be issued contingent upon payment of Rate Lock Fee received in office
    
    Bo continued and stated that he believed we should have some motions about everything we’ve talked about or he could read from the list and have one motion:
    
    1. If there is a shortage of water, those that have received a Will Serve Letter will share proportionately in the water that is available;
    2. We will put on the application the following items to request from those who are seeking a Will Serve Letter;
    a. Provide the peak amount of water they estimate to use
    b. Total amount of water they estimate to use over a period of a year
    c. The size of the meter they are requesting
    d. If they are doing this through an entity, they are going to provide the owners of that company if they own over 1% pursuant to statute
    e. Provide the property location of where the water is going to be used
    f. The District will not provide the Will Serve Letter until the Rate Lock Fee has been paid in accordance with the schedule
    g. Will Serve request must be approved by the Board of Directors so the Board can make a determination if there is enough water available for the person seeking the Will Serve
    
    Sandra Ramaker made a motion to add the items Bo stated above to Article 2. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    Bo stated that he was reminded that he did not state that there would be annual review in the items listed above.
    
    Sandra Ramaker amended her motion to include an annual review. Ted Miller seconded the amendment and it was unanimously carried. 5-0
    
    Bo then stated that one other thing the Board may want to do is have a final vote on this agenda item and it could include all the items talked about:
    
    Approve this item with all the motions being made; that it be immediately effective and on this next motion, the President be authorized to sign; Kenyon attest it; and if someone were to show up tomorrow during the regular business hours of the District, they could provide this information even if there is no formal application done and we could start the process tomorrow.
    
    Sandra Ramaker made a motion to approve this item as stated above by legal counsel. Ted Miller seconded the motion and it was carried by a vote of 4-1 with Mark McEwen opposed. 4-1
    
    9. Discussion & Possible Action – Consideration of the District’s options for the possible lease or other use of any excess irrigation water that is not used pursuant to a metered lease. Possible action may include, but is not limited to, approving making such water available for lease pursuant to a public auction
    
    This item deals with both Bunkerville and Mesquite Irrigation water. Bo thought that we should wait and see how much water would be available in Mesquite after requests came in for metered river water. There was discussion regarding the Virgin Valley Veterinarians lease of one share and not going to the metered option. Bo further stated as an option, if there is still water available in Mesquite after allocating water for metered watering, the District could continue with an auction of any extra shares; and this would also apply to Bunkerville Irrigation shares.
    
    Ted Miller made a motion to leave the Bunkerville Irrigation shares available for auction as they are currently. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration to approve amount of settlement for the current litigation with Southeast Directional Drilling and Longview Construction pursuant to the mediation on April 21, 2011
    
    Bo informed the public with background information stating that in 2008 VVWD hired Longview Construction to drill a hole under the river because the District had to remove their waterlines located on the bridge between Bunkerville and Mesquite. Longview Construction gave the District a fixed bid for this work, significantly lower than the other bids, and subcontracted out most of the work to Southeast Directional Drilling. Southeast Directional Drilling was unable to complete the work in the time specified by contract, and ultimately paid $75,000 extra to bring in a larger rig out to drill. They submitted a change order because they felt that the subsurface conditions were different than what had been represented. The District disagreed with this and felt that we had entered into a fixed contract with Longview and that they should bear the burden for their lack of due diligence in looking at the subsurface conditions. Southeast Directional Drilling was pursuing the District under, among other things, essentially an unjust enrichment theory, where they felt they did the work and they should be paid for it. They were seeking a significantly amount of money in excess of $209,000, plus attorneys’ fees, along with other statutory claims that they felt they could prevail on. The District considered the amount of expense that would be incurred in attorneys’ fees, the risk of not knowing what could happen at trial, and with the advice that had been obtained from legal counsel through POOL PACT, to consider very carefully whether it makes sense to settle the case. The ultimate decision, pursuant to that mediation, was an agreed amount of $132,500 to be paid to Southeast Directional Drilling for the extra work they had to do dealing with the subsurface conditions. Bo then stated that this was before the Board today for them to decide whether they were going to approve this tentative settlement. The money would be going to Southeast Directional Drilling, but the District would receive a release from Longview as well as Southeast Directional Drilling for all claims related to this project.
    
    Bo further stated that he believed that the District received a grant to pay for this project and would also receive $15,000 from the POOL PACT towards the settlement. Pursuant to the contract, there was also a $2,000 per day penalty in liquidated damages totaling $50,000 that was withheld from Longview.
    
    Kenyon also stated that the Judge asked what the next lowest bid was and with it at 1.2 million and paying Longview Construction $605,000 for the original bid, plus the $132,500, the District was still getting a bargain. Kenyon further stated that the pipe manufacturer (Underground Solutions) should be thanked because they came back in and put in the pipe at no cost.
    
    Kenyon Leavitt made a motion to approve amount of settlement of $132,500 for the current litigation with Southeast Directional Drilling and Longview Construction pursuant to the mediation on April 21, 2011. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    11. Hydrologist’s Report
    
    Aaron had included a written report with significant events since the last Board meeting, but was not present.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:54 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-05-03 (.pdf 31.K)
  - 2011-04-25: Special Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 25, 2011
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on April 25, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. General Manager Kenneth Rock was not present. Also present were District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    Kenyon Leavitt offered a Prayer and Sandra Ramaker led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – Karl stated that this item was not on the agenda but wanted to explain to the press and public that on Thursday evening we had a 14” main waterline break on Pioneer Boulevard by Sienna Subdivision. The District went out under the emergency clause to bid and received five (5) bids with Legacy Construction awarded the emergency repair for $12,967.50 this morning when the bids were opened at 10:00 a.m.
    Bo stated that this was actually under the statutory $25,000 per NRS, and that this would be ratified at the next regular meeting
    
    AGENDA:
    
    1. Discussion & Action - Approve Agenda
    
    Kenyon Leavitt made a motion to approve the agenda as posted. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    2. Discussion & Possible Action – Consideration to approve Forsgren Associates, Inc. to complete application with the Bureau of Reclamation (BOR) for Funding Opportunity Announcement No. R11SF80356 on behalf of the VVWD for Water SMART: System Optimization Review Grants for FY 2011 that must be submitted by April 27, 2011
    
    Karl stated that this could have been pulled, but wanted Aaron to give the background information so that the public would understand the decision for not going forward.
    
    Aaron Bunker reported that after the Board’s last meeting, Forsgren called BOR and inquired into the probability of the Water District being able to be awarded this grant under the current scope. Aaron also reported that Wes Smith, District Accountant, had reviewed the grant and the check list to qualify to submit and the District did not meet all the requirements. Aaron mentioned that we were informed that there were other grant opportunities available that the District would be more qualified for.
    
    Ryan Wheeler with Forsgren Associates recapped what happened since last Tuesday’s meeting and that he had conversation with the Denver BOR office and explained the goals and desires of the District’s General Manager. Ryan stated that it was a frank conversation and that he was informed that the District’s project did not align with their grant application. The BOR grant is more for current infrastructure and not future infrastructure. The District could still apply, but with all the variables, it wouldn’t work out in the end.
    
    Ryan also touched on other grants that Pam Adams of BOR mentioned which included an ACOE 75/25 split, Water & Energy Grant, Rural Water Supply Grant and a Basin Studies Grant.
    
    The item died for a lack of a motion.
    
    3. Discussion & Possible Action – Consideration to put contract between Forsgren Associates, Inc. and VVWD dated March 1, 2011 entitled Feasibility Study on “hold” until application with BOR is either approved or denied
    
    As in the previous item, this would be putting the current contract on hold for the BOR grant which is not going to be possible, so this study should just go forward as previously approved.
    
    The item died for a lack of a motion.
    
    4. Discussion & Possible Action – Consideration to approve an Interim General Manager while District General Manager, Kenneth Rock, is on medical leave
    
    Karl Gustaveson stated that he had spoke with the department heads, Pete and Aaron on Friday and asked their opinion on what they would like to see, and the consensus was that everyone just needed to continue doing their jobs with pertinent information received by the department heads being provided to the Board via Aaron or Mary. Karl further stated that Pete did not really want to be put back in the position, but if required, he would.
    
    There was further discussion regarding responsibility of decisions and the period of time Ken would be out. Bo read from the by-laws where the District has the ability to appoint an assistant general manager and it was discussed to look into this for the future.
    
    The item died for a lack of a motion.
    
    5. Public Comment – There was no public comment at this time.
    
    6. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:26 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Special Board Meeting Minutes: 2011-04-25 (.pdf 19.K)
  - 2011-04-19: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 19, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on April 19, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt and District General Manager Ken Rock were not present. Also present were District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Karl Gustaveson offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – Travis Anderson representing Bulloch Brothers Engineering stated that he was present for item #4 on the agenda to answer any questions the Board may have regarding this item.
    
    Discussion: Board Comments - None
    President of Board Comments – Karl announced that the General Manager, Ken Rock, has some serious back issues and will be having surgery. Karl further stated that Ken would possibly be out of the office four to five weeks and that the Board would seek out an Interim General Manager until Ken was able to return to work.
    
    CONSENT AGENDA:
    
    Sandra Ramaker made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 4/5/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $179,624.15
    
    ** End of Consent Agenda**
    
    4. Discussion & Action – Consideration to accept proposal from Bulloch Brothers Engineering for engineering services, including, but not limited to, preparation and provision of contract documents and specifications for bidding purposes, related to pressure relief valve assemblies, 24” inline valve and flush line outlet system, such work not to exceed $2,500
    
    Travis Anderson with Bulloch Brothers Engineering (BBE) stated that BBE has been working on improvement plans to put pressure relief valve systems at Town Wash and Abbott Wash and to relieve the high pressure spikes if we get some; also, there is the 24” inline valve on Mesquite Heights Road; and also for the outlet system at the arsenic plant site in Lincoln County. Travis further stated that the improvement plans were 95% complete, lacking one signature from the City of Mesquite and then the next step would be to bid these services out. Travis also stated that the proposal entails the construction documents, bidding services that BBE would provide, and a more detailed construction estimate. The first estimate was $180,000 to $200,000, and now with having more of what the scope is, they can verify this estimate. They would also provide documentation to obtain a Clark County Labor Commission Number. Also, the proposal provided would include providing seven (7) copies of the improvement plans with the specifications, services from BBE to aid in the evaluation of the bids, opening of the bids and any other services that BBE would normally provide under this bidding scope.
    
    Karl explained to the public other valves that have failed and why these services were critical to the District before any future breaks occurred. Karl also asked Aaron to explain where the funds would come from within the budget to fund this project. Aaron stated that he and Wes Smith had looked over this and Karl introduced Wes as the District’s new Accountant for the District.
    
    Wes stated that the District was 79 to 80% into the budget year and the expenses for repairs and maintenance was at 48%. Wes further stated that we are well under budget and the prices fall well within the scope.
    
    Ted asked if this would take care of all the valves in concern and if Bo had approved the contract. Travis answered that with the other pressure reducing valves being installed and with this project, the District should be okay except for unforeseen items. Bo was informed that we have used this contract in the past and with it only being $2,500 he was comfortable with it.
    
    Sandra Ramaker made a motion to accept the contract from Bulloch Brothers Engineering for engineering services, including, but not limited to, preparation and provision of contract documents and specifications for bidding purposes, related to pressure relief valve assemblies, 24” inline valve and flush line outlet system, not to exceed $2,500. Ted Miller seconded this motion and it was unanimously approved. 3-0
    
    5. Discussion & Action – Consideration to establish conditions and parameters for metered service of river water from the Mesquite Irrigation Company canal, in addition to the meter charges and water rates previously adopted and approved by Virgin Valley Water District for such service
    
    Aaron informed the Board that the Board had previously approved the 9 items listed as the parameters for leasing river water and since that time, Ken has had conversations that led him to want to add a few more items to these parameters. The new items consist of if someone is currently under a lease contract with the VVWD they may have a pro-rated lease ‘refunded’ by users who switch to meters based on the number of days left on their lease. The value of the remaining lease may be applicable to the Rate Lock Fee, if desired. The second item reads that the Rate Lock fee scale will be reduced by 15% during each calendar year, with the first reduction being in calendar year 2012 and ending in 2020.
    
    Aaron also informed the Board that he and Supervisor, Rob Faught, had inspected the meters currently at Wolf Creek Golf Course and the Oasis Golf Club and stated that these meters were in acceptable condition for use as is. Karl stated that Aaron had attended the Mesquite Irrigation Company meeting and that he had conversations with shareholders who stated some concerns. They would like the District to meet with the Board of the irrigation company to assess when the actual usage will occur on the irrigation ditch to make sure the irrigation ditch has the ability to handle it.
    
    Aaron read aloud #10 & #11 of the parameters. District legal counsel stated that he would like the word ‘refund’ changed to ‘credit’ in #10. Bo further stated that he felt it would be appropriate to have this policy formalized in complete terms and brought back before the Board for final approval.
    
    Ted stated he would not vote for this for the same reason as before, in that he doesn’t believe we should have locked in a rate for that long of term.
    
    Karl opened the item for public comment. Rob Fuller with Wolf Creek Golf Course commented on the time frame and wanted to be able to use the ditch by metering by June 1st.
    
    Sandra Ramaker made a motion to include numbers ‘10’ and ‘11’ to the parameters for river water service agreements for existing MIC water users with their own canal withdrawal and pumping systems; change the word ‘refund’ to ‘credit’; and to bring back as a formalized document at the next meeting for final approval. Karl Gustaveson seconded the motion and it passed by a vote of 2 to 1 with Ted Miller opposed.
    
    6. Discussion – Consideration for optimizing the south side potable water system for reliability and economy – Report from the Hydrologist and General Manager on recent and more extensive general system optimization plans including a further assessment of well #30
    
    Aaron began by stating that when well #31 failed on 1/11/11 we had no back-up to provide water, but with staff’s quick thinking a solution was provided and worked until well #31 was back on-line. The fix was sufficient for winter months, but the District would be about 1,000/gpm short in the summer months. Aaron provided a memorandum with a rehabilitation evaluation of well #30 with a separate chart of estimated costs for three different scenarios to rehabilitate well #30, along with recommendations. Aaron and Ken’s recommendation is not to rehabilitate well #30, but to look at other options to provide the water required for the summer months at lower costs.
    
    7. Discussion & Presentation – Presentation from the General Manager and Forsgren Associates on possible additional collaborative values for secondary water reservoirs, integrated with, Virgin Valley development planning considerations for water and electricity
    
    Ryan Wheeler and Rudd Conover were here to present their report on the secondary water system. Rudd began by stating that the District’s General Manager was quite a visionary. Rudd stated that they wanted to talk about the elements of this study that dovetail it into going after a specific grant application. Rudd continued speaking of Ken’s vision and that it may seem far reaching, but he was thinking into the future about the District’s resource of water and its many uses and possibilities.
    
    Ryan Wheeler stated that he would give an overview of the Secondary Water System Feasibility Study; the current and future hydro-turbine generation; and funding opportunities. Ryan reviewed what has been accomplished thus far with an overview of the study and proposed reservoir locations. Ryan then reviewed existing and future hydro-generation opportunities.
    
    Rudd reviewed funding opportunities with a current opportunity from Bureau of Reclamation (BOR) for a WaterSMART grant: System Optimization Review Grants for FY 2011. Rudd further explained how this grant could be obtained; what opportunities could come from this grant; and that the District would have to request assistance from other local participants. Rudd stated that they talked about looking for additional money until they found out about this BOR grant that has some interesting strings attached. He further stated that they have expended approximately $10,000 of the $30,000 approved for their study. The BOR grant will not reimburse for any monies spent prior to receiving the grant. Rudd stated that there needed to be some discussion and we needed to stop the current contract with Forsgren and look at the potential of getting this grant that would allow them to multiply the money within this grant to take it to a different level of study. Forsgren’s scope of work for the secondary feasibility study does not meet the criteria for the WaterSMART grant and the application is due to the BOR by April 27, 2011. Rudd further stated that we should stop the contract with Forsgren as it is right now, and they will apply for the grant at no cost to the District in the hope of obtaining additional money to move forward. If the District does not qualify for the grant, Forsgren will pick up where they stopped and spend the remaining $20,000 under the current contract as stated.
    
    There continued to be discussion regarding what the grant would provide, timetable to file and costs. Rudd concluded stating that we needed to look at renewable energy and that the District had the ability to determine their destiny, and until it is evaluated, we don’t know what that potential is.
    
    Karl opened the item to the public with comments from Morris Workman, Wes Smith, Pam Adams with BOR, Rob Fuller and Mayor Holecheck.
    
    Direction was given to post an agenda for a special meeting on Monday, April 25th at 5:00 p.m. to cancel the current contract with Forsgren and proceed with the BOR grant application and to approve an interim general manager in Ken’s absence.
    
    8. Discussion & Action – Consideration to set a date and time for budget workshop meetings(s)
    
    There was discussion on what would be the best date and time for everyone. Karl stated that he felt the public meetings should be held later in the day so that more public could be present.
    
    Sandra Ramaker made a motion to have a budget workshop on Thursday, May 5, 2011 beginning at 9:00 a.m. Ted Miller seconded this motion and it was passed by a vote of 2 to 1 with Karl Gustaveson opposed.
    
    9. Hydrologist’s Report
    
    Aaron had included a written report with his significant events since the last meeting. He also stated that he attended the Virgin River Water Shed meeting last Wednesday and Thursday and that it was very informative.
    Karl also stated that he attended Wednesday’s session and really enjoyed it.
    
    10. General Manager’s Report
    
    Ken had not included a report due to being off on medical leave.
    
    11. Public Comment
    
    Mayor Holecheck stated that she had promised Ken that she would come and give a short report and update on the flood situation. The Mayor stated that she and Tim Hacker had attended a very successful meeting with the ACOE; representatives in Washington, our congressional delegation flew in and other City staff members. Under the Flood Control Act of 1948, Section 205, there may be funding opportunities for a 65/35 with the Federal Government picking up the 65% if under six million dollars and the Flood Control would pick up the 35%; leaving the citizens of Mesquite not having to pay for any of it.
    
    12. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:42 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-04-19 (.pdf 30.K)
  - 2011-04-05: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 5, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on April 5, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:04 p.m.
    
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 3/10/11 Work Session
    
    3. Discussion & Action – Approve Minutes from 3/15/11 Regular Meeting
    
    4. Discussion & Action – Approve Bills Paid - $523,340.30
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to approve service agreement with TraceDetect for technical support contract not to exceed $30,346.50
    
    The District’s Treatment Plant Supervisor, William “Pete” Peterson, was present to answer any questions the Board may have regarding this item. Kenyon questioned how long we have used this service. Pete answered that we have used their services since conception and it originally began with five machines at a cost of $60,000 per year. Pete has cut this back for the budget ending June 30, 2011 to $40,000 and nothing has been spent from this line item. Pete further explained that this service is something that the District cannot do; that TraceDetect is a proprietary vendor for these services; and that their expertise is vital to the treatment plants.
    
    Karl informed Pete that the District’s Legal Counsel has developed a standard contract that protects the District’s interests and that we would rather incorporate this contract wording in lieu of the contract forwarded from TraceDetect. Pete stated that he did not see any problems with this.
    
    Kenyon also asked if we paid this amount right away or if it was billed as services performed and Pete stated that this was paid out in full to guarantee their services as listed.
    
    Kenyon Leavitt made a motion that District’s Legal Counsel fill out a contract to TraceDetect for technical support for 2011-2012 not to exceed $30,346.50. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    6. Discussion – Report by Marty Johnson and Ken Rock on the re-sale of the 2001 Bonds
    
    Ken opened up by stating that the assistance of Marty Johnson, Kendra Follett (Bond Counsel) and John Gleave has been exceptional and that Marty made a very good call when he said let’s go out for a bond sale on Monday because there would not be a lot of people and the District may be one of the few on the market. Ken further stated that they were encouraged with two responses, but disappointed in that interest rates were not as low as Marty was hoping for. Ken also stated that he and Marty had a heart to heart discussion deciding whether to go ahead with the sale. Marty, Kendra and John Gleave all agreed with Ken’s rationale for signing this and going ahead with the bond sale where the District would save some money. Ken then stated that he would let Marty proceed.
    
    Marty distributed two pieces of paper demonstrating the interest rate changes and the debt service comparison between the existing 2001 Bonds and the 2011 Refunding Bonds. Marty further stated that within the last two days, the market has changed from a fair number of buyers for a fair number of sellers to there being very few buyers of bonds for a small number of sellers. If more people are issuing bonds, the rates are going to start skyrocketing because there is no demand right now. The District’s big benefit of doing this by general obligation revenue bonds is basically that the payments the District would have made on the 2001 Bonds to the payments that we are going to make on the 2011 Refunding Bonds will save almost $81,000 over the life of the bonds. The biggest benefits for the District are the reduction of the reserve requirements. The money that we set aside and lock up until the bonds are paid off will save $500,000. The $116,000 the District has been transferring monthly that has five months left, we will now only have to pay two more months and we will not have to reserve anymore of the District’s proceeds. This will also change the coverage on these bonds from 125% of debt service to 100% of debt service. Marty continued and stated that these benefits are what led Marty to recommend going forward with the sale. Marty also stated that there are no indications that rates will be lowered and that there is a savings and benefit to the District and the rate payers.
    
    7. Hydrologist’s Report
    
    Aaron had included a written report and stated that if any Board Members had any questions, he would be glad to answer them. Aaron also stated that since completing the report he has been working on retrieving information on well #30 and will bring that information to the next Board Meeting.
    
    8. General Manager’s Report
    
    Ken had included a written report informing the Board of his activities since the last Board meeting. Ken also stated that he and Aaron would present a report of their findings of well #30 at the next meeting.
    
    Ken also stated that three candidates out of nine applications were interviewed for the Senior Accountant/Fiscal Analyst position and that all three were highly qualified, but the position was offered to Wesley Smith and he has accepted.
    
    Ken further stated that he has been talking with Forsgren regarding issues to be presented to the Board at the next Board Meeting.
    
    9. Public Comment
    
    Rob Fuller, CFO of Wolfcreek Golf Course wished to reiterate the positive nature of the new agreement for river water and was wondering about a timeline when to expect to sign an agreement so that they can notify other lenders. Ken proceeded to inform everyone that some issues have come up regarding Coyote Willows Golf Course and he has discovered that some new terms need to be included in the river water connection regulations and this would come back to the Board at the next meeting for approval.
    
    10. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:30 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-04-05 (.pdf 23.K)
  - 2011-03-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 15, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on March 15, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:04 p.m.
    Kenyon Leavitt offered a Prayer and Sandra Ramaker led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – None
    
    Bo stated that he had a comment on the minutes to be approved in item #15. It now reads that the Board can deliberate and make a decision, and Bo stated that it should read that “the Board can deliberate towards a decision”, but any action must be done in an open meeting.
    
    CONSENT AGENDA:
    
    Mark McEwen asked that item #1 be removed from the consent agenda.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below with removing item #1 and heard as the first item after the consent agenda and to amend the minutes as requested by our attorney. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    2. Discussion & Action – Approve Minutes from 3/1/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for January 2011
    
    4. Discussion & Action – Approve Bills Paid - $134,376.77
    
    ** End of Consent Agenda**
    
    1. Discussion & Action - Approve Agenda
    
    Mark requested that this item be pulled from the agenda to remove items #6 and #7 from the agenda because he feels there is not enough information to make decisions on the items and to hear these items at the next regular board meeting. Mark further stated that both items suggest that money will be spent, but they do not state if these were budgeted items or if not, where in the budget we would get the money for these items and how it will affect the budget before the Board can make an educated decision.
    
    Kenyon commented that he has said in the past and still feels that he wants to see where items fall in the budget and how it affects the budget prior to the meeting.
    Ken commented on item #6 stating that it was critical services. We are having trouble with telemetry and the controls for the arsenic treatment plants and Dr. Najm has already proven his capability on it. Ken also stated on the Bunkerville tank option (item #7) that the largest part would wait until the next fiscal year. Ken further stated that the sooner we make this happen, the sooner we will be saving money.
    
    Mark McEwen made a motion to remove items #6 & #7 from the agenda and put on the agenda for our next meeting. Kenyon Leavitt seconded the motion. The motion failed with a vote of 2-3 with Karl Gustaveson, Sandra Ramaker and Ted Miller opposed.
    
    5. Discussion & Possible Action – Approval of an ordinance of the Virgin Valley Water District providing for the issuance of its registered, negotiable, General Obligation (Limited Tax) Water Refunding Bonds Series 2011; and other related matters.
    
    Marty Johnson with JNA Consulting was present to explain and answer any questions regarding this ordinance. Marty informed the board that the District would save over $143,000 over the life of the bond. Marty also stated that unfortunately the rating agencies had lowered the District’s rating from Aa3 to an A1. Marty stated this was still a good rating, but not as good as where we were; and that we are not alone in that other agencies’ ratings also went down with the current economy. We are not extending the term of the bond, but only changing the interest rate, going from 4.7% to 3.4%. Marty further stated that with issuing a new bond we had the option of changing how this worked and we would now have a paying agent in lieu of a trustee and would save the District approximately $1,300 a year in trustee fees to Wells Fargo.
    
    Ken offered his commendations to Marty, Kendra and John Gleave for their assistance in this process.
    
    Kenyon Leavitt made a motion to approve an ordinance of the Virgin Valley Water District providing for the issuance of its registered, negotiable, General Obligation (Limited Tax) Water Refunding Bonds Series 2011. Sandra Ramaker seconded the motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to approve on-call technical support services contract for the groundwater treatment plants with Issam Najm, Ph.D., P.E. of Water Quality & Treatment Solutions, Inc. not to exceed $10,000.
    
    Pete had included a memo explaining why he was requesting these services. Ken further commented that this was a great deal and really economical and that costs could be much greater if the District needed to correct a problem than having Dr. Najm as a consultant. Ken also stated that the plants were designed and constructed to specs and it is not unusual to have change orders come up.
    
    Aaron Bunker commented that one aspect that Pete is looking at specifically is the dosing at the treatment plants and that Issam’s expertise is in this.
    
    Kenyon commented once again that if something is coming before the Board for approval and money is involved, he wants to see where the money is coming from the budget, how much we’ve spent thus far, how it will affect the remaining budget and that we have the money to pay without having to use the District’s ‘rainy day’ funds.
    
    Mark reviewed the statement of income and wanted to make sure that we did not cut ourselves short and to be budget conscious.
    
    Sandra Ramaker made a motion to approve on-call technical support services contract for the groundwater treatment plants with Issam Najm Ph.D., P.E. of Water Quality & Treatment Solutions, Inc. not to exceed $10,000. Ted Miller seconded the motion.
    
    Kenyon questioned the motion and asked if legal should not look at contract before signing and Mark questioned if there was a time-frame on the contract.
    
    Sandra Ramaker amended her motion to include that costs for this come from professional services and lasts until June 30, 2011 and to re-evaluate this item at the budget session and have legal review contract before signing. Ted Miller seconded the amended motion and it passed unanimously. 5-0
    
    7. Discussion & Possible Action – Consideration to approve construction of a dedicated pump station at Well #2 and a new discharge pipeline to eliminate the existing pipeline, booster pump station and old concrete reservoir in Bunkerville at an estimated cost of $90,000
    
    Ken had met with staff and they had suggested possibly eliminating that reservoir and pump station. Ken had worked up the cost/value estimates on the white board comparing buying the land and power charges against a new system and reviewed these numbers with the Board. Staff has stated that it is not a good system for the potable system and it is not big enough or high enough in elevation for a secondary system. Ken had distributed an assessment of the land value showing that this property appraised at $83,000. Ken stated that we could design and build a new system for less than the cost of the land and one year of energy costs.
    
    Kenyon questioned the engineering costs and Ken stated that we re-did the pump station for the secondary system in Bunkerville without engineering, but you could probably add on 20% of the cost for a small project like this. Kenyon stated that his personal opinion is that any kind of project like this we need to have a professional tell us what needs to be put in and that we have approval from all entities like the county and state for right-of-ways, etc.
    
    Ken stated that he would have Bowen, Collins and Associates look at and give estimate for design and put in next years’ budget.
    
    Mark also requested that Ken appear before the Bunkerville Town Board and inform them of what the District will be doing in Bunkerville.
    
    Mark McEwen made a motion to an engineering study by Bowen, Collins & Associates for a future pump station at Well #2 and a new pipeline. Kenyon Levitt seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to withdraw offer for purchase or establish a new purchase offer for property at 33 E. Riverside Road based on the appraised value of the property and the District’s value of that property.
    
    Bo began by stating that the agenda item was a bit misleading in that there was actually no offer to withdraw. At the last board meeting, the Board had made an offer and it was rejected and a counter offer was presented, but there was no offer to withdraw.
    
    Kenyon stated that with the action of the last item, we would not be purchasing the land.
    
    Ken stated that we may want to talk to Joe Bowler and ask for consideration for a couple years until District property can be abandoned and/or moved.
    Mark stated that he would like to see the engineering study before any decisions made.
    
    Joe Bowler representing Coal Creek Company stated that his understanding is the District will not be using anything on the property and everything will be removed.
    Ken stated that the pumps and motors could easily be removed, but that the concrete reservoir would be much more difficult and is suggesting that the reservoir would make a great foundation for a future home.
    
    Mr. Bowler stated that the tank was right in the middle of the property, circular and detrimental to splitting into four lots and would most likely like it removed.
    
    9. Discussion & Possible Action – Consideration of matters relating to the City of Mesquite’s annexation of properties in Lincoln County and sources of water for those properties. Consideration of Board ratification of the General Manager’s February 15, 2011 statement to the Board regarding the District’s water service area and assistance related to legislative amendments.
    
    Karl explained that this was put back on the agenda for clarification in that the Board failed to make a motion whether they supported the statement or not.
    
    Mark stated that he had met with legal counsel and went over the statement and thinks that we should substitute the following motion:
    
    Mark McEwen made a motion that the Board give instruction to the General Manager to monitor all action; legislative, in the courts, or otherwise concerning the proposed annexation. Mark further moved that we reiterate that the District will not serve any property that is not located in our authorized service area unless or until these issues have been resolved by the legislature, the courts, or otherwise. Ted Miller seconded the motion.
    
    Karl stated that legal counsel has suggested that this may be confusing and that the Board may want to have some discussion. Karl further stated that it was proposed last week that the general managers, legal counsel and a couple board members from the LCWD and the VVWD meet.
    
    Wade Poulsen, LCWD General Manager, reiterated these remarks stating that they would like to form a working group and work on an Interlocal agreement.
    
    The President called for a vote and the motion passed unanimously. 5-0
    
    Bo commented that Ken as the general manager has been contacted from time to time from the City, developers and various individuals wanting the District’s point of view and one of his primary concerns is that water pumped from Basin 221 may affect Basin 222.
    
    10. General Manager’s Report
    
    Ken handed out a written report that he didn’t have time to put into packets. He informed the Board that we had received a thank you note from the Mesquite Vets. Ken also stated that after speaking with Aaron regarding well #30, some information has come to light that may allow for the rehab of #30 at a much lower cost than drilling a new well. There was further discussion and questions regarding a warranty and possible solutions and that this should be looked into further.
    
    Ken also stated that the Bureau of Reclamation (BOR) has contacted the District regarding assistance with CIP projects for the District, but the deadline to submit an application is Friday, March 18th and without an emergency meeting, the Board could not give Board action. Bo looked up the Open Meeting Laws for calling an emergency meeting and this does not seem to fall within those parameters. Ken further stated that he would rather wait on the secondary feasibility study and that he is not comfortable with investing or pushing this through at this time.
    
    Sandra asked about the accounting position and Ken stated that he needed to develop an evaluation system and get down to a short list for interviews. Ken also mentioned that David Waite had offered to help with developing some accounting questions for Ken to use in the interviews.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:37 p.m.
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-03-15 (.pdf 32.K)
  - 2011-03-10: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 10, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on March 10, 2011, at the Virgin Valley Water District Office at 9:00 a.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Sandra Ramaker. Also present were Bo Bingham District Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 9:05 a.m.
    
    Mark McEwen offered a prayer and Ted Miller led the pledge.
    
    Public Comment: There was no public comment at this time.
    
    ITEM#:
    
    1. Discussion & Possible Action – Review of District’s Administrative Policy, Rules and Procedures Manual with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Administrative Policy, Rules and Procedures Manual.
    
    The Board began reviewing Chapter 1 and amended 1.1 to read ADMINISTRATIVE POLICIES RULES & PROCEDURES MANUEL in lieu of ADMINISTRATIVE POLICY.
    
    The Mission Statement on 1.2 will be deleted and the District’s current mission statement of ‘Safe & Dependable Water for Today and Tomorrow’ will be included.
    
    Under 1.5B FUNCTIONS OF THE BOARD OF DIRECTORS, should also include that at the first meeting in February the Board will receive the forms to evaluate the general manager and the GM’s evaluation will be held at the 2nd meeting in February. Sandra had supplied the evaluation forms that were used for the GM evaluation this past February and a suggested policy. Numbers 4 and 5 of the suggested policy were determined to be included with the budget workshops in lieu of including in this policy.
    
    Sandra stated that she had been given an orientation book when she came on the Board and she would like to see that this be given to new board members and inserted somewhere here Under Chapter 2. It was also suggested that the GM or his designee take new Board members on a tour of the District facilities.
    
    Bo brought up that one of his concerns is that the District has a lot of information that is kind of all over the place and in different places. The District has the enabling legislature, By-Laws, Administrative Policies, Employees Policies & Procedures and all the resolutions which are repeating things and some aren’t consistent with NRS. Bo suggested deleting things from this manual if it is in NRS already. Bo would like us to be consistent and it would be easier if the information could be found in one document.
    
    Wade Poulsen commented that LCWD had run into this same situation and they referenced other documents within policies so they were not repeating themselves or being inconsistent.
    
    It was discussed whether to delete Chapter 2 since all the information could be found in the enabling legislature, at least up to section 2.9. The Board then began discussing 2.10B DUTIES OF THE BOARD OFFICERS and it was decided to eliminate numbers 3, 4, 6, 7 and 8 and only use the wording of number 9 as number 3 with 2.10B to now read “Execute on behalf of the District with authority of the Board”. It was also decided to eliminate ‘E’ under section 2.10.
    
    Further discussion continued on the duties of the Secretary-Treasurer. Bo read from the enabling legislature and stated that the Board may designate duties to other individuals, so Kenyon could still be Secretary-Treasurer and we would just need to modify this manual and the duties specified.
    
    There was further discussion regarding the duties of the officers and where things are written with Bo stating that it is quite redundant with the different policies and having to look in four or five places to make sure we are doing things correctly. Bo suggested getting rid of this Administrative Policy and to incorporate anything extra from this policy into the by-laws and only have one document.
    
    There was further discussion on who would draft the new policy and time frame to complete. Sandra also stated that the duties of the general manager do not match the job description for the general manager that was drafted before Ken was hired and these should be incorporated. There was a review of the documents that the District has and what would be consolidated. Mary will try to put the policy together, before legal reviews, after the budget is completed.
    
    Karl opened the meeting for public comment again. Wade Poulsen of LCWD suggested to the Board that a working group be formed with representatives of the LCWD and the VVWD, the general managers and legal counsels and sit down and talk about working toward an Interlocal agreement between the two Districts first regarding servicing the Lincoln County Land Act.
    
    2. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 10:11 a.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Meeting Minutes: 2011-03-10 (.pdf 18.K)
  - 2011-03-01: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 1, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on March 1, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen and Secretary-Treasurer Kenyon Leavitt were not present. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham, District Hydrologist Aaron Bunker, District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:04 p.m.
    
    Bo Bingham offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – Rob Fuller with Wolf Creek Golf Course (WCGC) questioned whether he should make public comment on item #12 or would it be opened up for public comment at that time and Karl stated he would open the item up at that time.
    
    Reuben Proper, Superintendent at WCGC, and Charles Singer, also an employee at WCGC asked that the Board keep employees in mind when deciding rates for the secondary water.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Sandra Ramaker requested that item #7 be pulled from the consent agenda and heard as the first item after the consent agenda.
    
    Ted Miller made a motion to approve the consent agenda as listed below with item #7 being pulled from the consent agenda and heard as the first item after the consent agenda. Sandra Ramaker seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 2/9/11 Special AM Meeting
    
    3. Discussion & Action – Approve Minutes from 2/9/11 Special PM Meeting
    
    4. Discussion & Action – Approve Minutes from 2/15/11 Regular Meeting
    
    5. Discussion & Action – Approve Financial Statement for December 2010
    
    6. Discussion & Action – Approve Bills Paid - $349,825.30
    
    ** End of Consent Agenda**
    
    7. Discussion & Action – Approve Purchase Orders Over $2,500
    a. CDW Government - $21,702.00 – Replace existing tape library, firewall and network switch gear
    
    Sandra explained that she just wanted more information regarding this item. The District’s IT Consultant, Tracy Lee, was present to explain the items listed on the purchase order and why they should be purchased. Tracy started at the top of the list and explained that these were budgeted line items and we needed to replace the firewall because it was at its end of life; and that we needed to update these end of life items because we are unable to obtain updates for various vulnerabilities, to prevent attacks and for security reasons. Along with the firewall, there is annual, recurring maintenance costs associated. Tracy explained why the network switch gear and the tape library also needed to be replaced along with the supplies to maintain. The District is currently two models out of date and if there were a catastrophic failure, we would have no back-up.
    
    Ted Miller made a motion to approve purchase order 9982 to CDW Government for $21,702.00. Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    8. Discussion & Possible Action – Presentation from David Waite on submitted RFP’s for an auditing firm to conduct District’s annual audit for fiscal year ending June 30, 2011. Possible action by Board may include consideration to approve firm to conduct annual audit or consideration to take action at next meeting if more time is desired.
    
    David Waite with Draper & Gleave distributed handouts in response to RFP requirements. David stated that he created the RFP with assistance from Hinton, Burdick. They looked at advertising, but accountants are not known to look in newspapers for opportunities to bid on jobs. David called other water districts, the Nevada Association of CPA and received a list of firms that do specifically yellow book accounting. The District received seven proposals. David disclosed to the Board that he worked for Wisan, Smith, Racker & Prescott for three years, but had no contact with them now. David then reviewed the spreadsheet and explained that all seven firms met the basic requirements and that pricing was between $14,000 and $24,000.
    
    Ken stated that he was thankful that David had assisted in this endeavor and continued with explaining the spreadsheet; that the firms were listed alphabetical; and that Ken reviewed qualifications first and not the price. After Ken had reviewed, he narrowed his opinion down to the top three with Piercy Bowler Taylor & Kern at number three, number two, Wisan, Smith, Racker & Prescott and Hinton, Burdick, Hall & Spilker as number one. Ken also stated that his choices came down to experience, skill and comfort levels.
    
    Sandra stated that she personally was very much for a new auditor. Ted stated that he had probably initiated this request and thought that it was good practice to see where we stood price-wise. Karl commented that he agreed with both Sandra and Ted and felt a fresh set of eyes was a good idea.
    
    Sandra Ramaker made a motion to change auditors and to use Wisan, Smith, Racker & Prescott to conduct District’s annual audit for fiscal year ending June 30, 2011. Ted Miller seconded the motion and it was carried unanimously. 3-0
    
    9. Discussion & Possible Action – Consideration to approve purchase of a 4.47 acre parcel in Bunkerville owned by Coal Creek Co., LLC that has a VVWD pump station and a 250,000 gallon concrete reservoir on it.
    
    Ken had included a memorandum explaining that the District’s facilities have been on this property for over 35 years and there appears to be no apparent easement. Ken pointed out where it was located and its uses and that it is completely functional. Ken explained that it would probably take 2 acres to separate this from the parcel and the Board had authorized Ken to offer $31,500 for a sub-parcel of the land that these facilities are on. Mr. Joe Bowler, representing Coal Creek Co., LLC, believes that there will not be sufficient value remaining in the property if it is carved in a fashion that best protects our facilities and counter-offered with a purchase price of $115,000 for the entire parcel.
    
    Mr. Bowler stated that there was a possibility of two lots in the frontage.
    Ken stated that there was a title search in 2009, but there is no record of any right-of-way.
    
    There was discussion regarding other lots for sale and their comparable value and Ted suggested making a counter offer to Mr. Bowler. Sandra stated that the property had value to the District and that we should keep it, but that money was tight and that $115,000 was more than what the District should pay and also agreed on making a counter offer.
    
    Mr. Bowler stated that he had called Premier Realty for a letter like he received from ERA and was informed that they are doing a market analysis for the District and asked if Ken had that information. Ken stated that he had called Premier Realty and disclosed that four out of five realtors had an opinion on the property that it was worth $90,000 to $95,000.
    
    Ted Miller made a motion to make a verbal counter offer of $50,000.
    
    The motion died for a lack of a second.
    
    Sandra stated that with the realization of knowing that the property was purchased for $31,500, she would suggest doubling that.
    
    Sandra Ramaker made a motion to offer $63,000. Ted Miller seconded the motion and it was unanimously carried. 3-0
    
    Mr. Bowler commented that with the consensus of four realtors stating that it was worth at least between $90,000 and $95,000, he would not go less than that. Mr. Bowler, on behalf of Coal Creek Co., LLC made a counter offer of $95,000.
    
    Sandra Ramaker made a motion to have more deliberation and bring back to the next meeting.
    
    This motion died for a lack of a second.
    
    Ted Miller made a motion to accept Mr. Bowler’s offer of $95,000.
    
    This motion died for a lack of a second.
    
    Comps and appraisals were discussed and Mr. Bowler commented that 2.2 acres had sold for $42,000 close to this property.
    
    Sandra Ramaker made a motion directing the general manager to research this further and possibly get an appraisal and bring back at the March 15, 2011 meeting. Karl Gustaveson seconded this motion and it was unanimously carried. 3-0
    
    10. Discussion & Possible Action – Consideration to approve Task Order 11-2 with Bowen, Collins & Associates to make groundwater hydrologic sustainability opinions for Basin 222 and other basins that may influence it, particularly Basins 204 and 221. The not-to-exceed budge is $10,000 unless further authorized.
    
    Ken stated that task order 11-1 was for approval of drawings submitted through the District and that this has already been really valuable. Ken further stated that there is a lot of disagreement on the sustainability of the water in Basin 222 and that we need to know how much groundwater there is. BCA would be able to do a study in a few months for less than $10,000 and that this was a critical part of the decision process concerning District Ordinance 2, impact fees, etc.
    
    Sandra Ramaker made a motion to approve Task Order 11-2 with Bowen, Collins & Associates. Ted Miller seconded this motion and it was unanimously carried.
    5-0
    
    11. Discussion & Possible Action – Annual review and consideration to change District’s parameters of leasing water shares.
    
    Ken began by reading the District’s current parameters for leasing water shares. Ken had distributed a handout showing the number of shares leased; annual amount received; amount received per share; the lease duration; end of lease date; who it is leased to; and whether it is a Mesquite or Bunkerville share. Ken stated that we could look at leasing outside the valley since we have shares available that have not been auctioned off and the water is leaving the valley anyway.
    
    Aaron commented that at this time, SNWA was not offering any new lease agreements, but that they may continue leasing shares already being leased, but this has not been confirmed. Aaron also stated that ten (10) BIC shares are set aside for the secondary system in Bunkerville.
    
    Ken stated that he thought Conestoga might be able to use 40 shares when their lease runs out with SNWA.
    
    Tim Colbert with Pulte Homes corrected Ken in that they would need 120 shares. There was further discussion regarding this item versus item #12 and how these would affect each other.
    
    Ted Miller made a motion to table item 11. Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    12. Discussion & Possible Action – Consideration to set a monthly meter charge and water rate for the sale of river water to golf courses from the Mesquite Irrigation Company canal.
    
    Rob Fuller began by commenting on behalf of the golf course community and distributed a handout entitled “Golf Course Compromise Water Delivery Appeal”. The golf courses have suggested to mitigate incremental increases in the first 10 years and offered the idea of an up-front assessment in the form of an impact rate-lock fee to be paid to the VVWD on a prorated basis; the courses would be given a rate of .10 cents per thousand gallons for a period of ten years; in year 11, it would be agreed that the rate would then increase by 50% to .15 cents/1000 gallons; and to secure the connection and dedication of the water supply, a $500 per month meter fee would be assessed in addition to the monthly charges.
    
    Ken stated that our goal was to give stability to the golf courses and to set a rate that would be comparable to other District users. Ken had prepared an outline on the dry erase board outlining his suggestions along with the golf course suggestions with different scenarios. Ken stated that he had concerns with a 10 year lease and felt 4 or 5 would be more appropriate. Ken had suggested that the rate begin at .11 cents/1000 gallons and increase in four increments to be at .15 cents/1000 gallons within four years. He reviewed other alternatives and what amounts would be paid.
    Sandra stated that she had concerns regarding the meters and Ken explained how mag meters worked and how the size would be determined. There was further discussion regarding sizes of meters and the monthly meter fee. It was also discussed what exactly a “share” consisted of.
    
    Rob Fuller also stated that if the Board chose to go with the increment increases, there would be no $25,000 up front. There continued to be discussion regarding the terms and length of service. Ken explained that the agreement would only lock in a rate for a certain period of time; that they would still be guaranteed service after the term of the agreement, but the rate per thousand gallons could change.
    
    It was also questioned and explained that Will Serve’s would be issued and only for the water available through the District and that if the water was not available, customers would not be able to obtain a Will Serve.
    
    Tim Hacker, City Manager, commented on Ken’s earlier comment regarding the mayor requesting that Ordinance II fees be lowered and stated that this was done because of the change and the pace of development and the fact that the City was hearing from the development community that the increase in fees was the cause of concern for development to go forward. Tim continued and stated that the predominant industry in this valley, today, is tourism and people come here to golf. The City did not engage in increases in the re-use water even though there is such a high demand. Tim also stated that Ordinance II fees were paid and used to buy irrigation water from the developers.
    
    There continued to be discussion regarding golf courses; their impact on the City; the City’s growth; when to re-evaluate the amount golf courses are being charged; and that the rate-lock would only be on a monetary rate and not on continued service.
    
    Sandra Ramaker made a motion to enter into a Will Serve agreement with a $25,000 rate-lock fee at .10 cents/1000 gallons for the next ten years.
    
    The motion died for a lack of a second.
    
    There continued to be further discussion regarding the availability of water if the river was dry. Ryan Wheeler, with Forsgren Associates, commented that the time frame of ten years was a long time to lock in when values have changed so much recently.
    Rob questioned if he could offer $30,000 upfront for .10 cents/1000 for ten years.
    
    Sandra Ramaker made a motion to enter a Will Serve Agreement at .10 cents/1000 gallons for eight (8) years with a rate lock fee of $25,000.
    
    The motion died for a lack of a second.
    
    John Paul questioned the rate lock fee if other courses would not require as much water and not as large a meter as Wolf Creek. Ken explained that the rate lock fee would be $2,500 per inch of meter size and that the proposed monthly meter fee would be 25% of what current potable water users are charged.
    
    Sandra Ramaker made a motion to enter a Will Serve Agreement at .10 cents/1000 gallons for eight (8) years with a $25,000 rate lock fee; the monthly meter charges at 25% of the current potable meter fees; and a lock in rate at $2,500/inch meter size. Karl Gustaveson seconded this motion and it was carried by a vote of 2-1, with Ted Miller opposed.
    
    13. Discussion & Possible Action – Consideration to appoint General Manager Ken Rock as proxy to vote on behalf of District’s interests at upcoming irrigation companies’ annual meetings.
    
    Ted Miller made a motion to appoint General Manager Ken Rock as proxy to vote on behalf of District’s interests at upcoming irrigation companies’ annual meetings. Sandra Ramaker seconded the motion and it was unanimously carried. 3-0
    
    14. Discussion – Information on VVWD Conservation Plan and Conservation Practitioner – Submitted by William “Pete” Peterson
    
    Pete had included a memo to the Board regarding his process in preparing himself for the Conservation Practitioner and a list of where he sees the District at the present time regarding the conservation program.
    
    15. Announcement – Possible announcement of legal action taken by VVWD on behalf of its rate-payers.
    
    Bo Bingham stated that Nevada Law requires that public entities make decisions openly and in the public; the one exception to this is litigation where pending or when the entity is actively involved in litigation, and the Board can deliberate towards a decision in a closed litigation session. Bo further stated that there would be no consideration of this item publicly, but there is an announcement. Bo continued and stated that back in August 17th of last year, the Board made the following statement in a public meeting:
    
    The Board of Directors of the Virgin Valley Water District has had grave concerns over serious allegations of misconduct involving Michael (“Boomer”) Johnson. These allegations were serious enough to warrant an internal investigation. The outcome of that investigation, and in closed session with Michael Johnson and his attorney per NRS 241, was that Michael Johnson has tendered his resignation effective immediately on August 17, 2010. In connection with that resignation and closed session, a settlement offer was proposed and the Virgin Valley Water District accepted the offer (including the terms set forth in this Agreement).
    
    Bo continued and stated that the Water District has taken legal action related to this matter and in consultation with George Taylor who is the Deputy Attorney General with the State; he indicated that the Board should simply make the public announcement that this has taken place. There will not be any consideration of this matter by the Board and we will not accept questions on this, stating it was a very sensitive issue.
    
    16. Hydrologist’s Report
    
    Aaron had included a written report and further informed the Board of the progress of the rehabilitation of Well #31. Aaron stated that Well #31 was back on-line and producing 2,700 gpm. The well was wire cleaned, which added to the price, but now no Aqua Gard™ treatment would be required.
    
    17. General Manager’s Report
    
    Ken had included a written report. Ken also informed the Board that advertisements had gone out in the local papers for the half-time accountant and that the contract with Forsgren for the
    Secondary Feasibility Study was signed and dated for today.
    
    18. Public Comment
    
    Rob Fuller and John Paul offered their appreciation and thanked the Board for their time and consideration.
    
    19. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:47 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-03-01 (.pdf 91.K)
  - 2011-02-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 15, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on February 15, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham and District Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    Mark McEwen offered a Prayer and Kenyon Leavitt led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Ted mentioned that his wife, Jackie, had a listing on a home that she sold to a buyer in Las Vegas and had them contact the District office for assistance in trying to have an inspection completed because the water had been turned off. After the buyer had dealt with the District, they telephoned Jackie and thanked her for putting them in touch with Hatty Tanner and that they had only good things to say about their treatment from the Water District.
    
    Sandra commented that there has been discussion before, and since she has been on the Board, regarding her concerns in reviewing the General Manager and stated that she was pleased to see that the forms she submitted were included in the packets for a guideline. Sandra also stated that she submitted a policy for evaluating the GM and this would be reviewed at the March 10th work session.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as posted. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 2/1/11 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $129,541.84
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Novell - $6,268.75 – Network, file and print services from 7/1/06-6/30/11
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to approve contract with Bowen, Collins & Associates for professional services as reviewed and modified by District’s Legal Counsel as directed by the Board at the January 4, 2011 Regular Board Meeting
    
    Ken explained why he felt that Bowen, Collins & Associates (BCA) would be appropriate for this and that the contract had been modified to include a specific amount and to satisfy counsel’s concerns.
    
    Sandra questioned if at the time we approach the $30,000 figure, would this come back to the Board; and she was informed that it would.
    
    Kenyon stated that he was not at the meeting, but on the telephone, where it was decided to contract with BCA, but had stated that the contract not go to BCA without first going out for RFP’s and stated that he still feels that way and that it seems we may be showing favoritism.
    
    Karl explained that the Board made their decision to contract with BCA for a few reasons: 1) BCA’s involvement and knowledge of the system; 2) a conflict of interest with Bulloch Brothers Engineering reviewing plans that they designed; and 3) it is professional services and we are not required to go out for bids and this contract does not preclude the District from using other Engineering firms for other projects.
    
    Sandra Ramaker made a motion to approve contract with Bowen, Collins & Associates for professional services not to exceed $30,000 as modified by District’s Legal Counsel. Ted Miller seconded the motion and it was carried by a vote of 4-1 with Kenyon Leavitt opposed.
    
    6. Discussion & Possible Action – Completion of evaluations of the presentations by consultants for the Secondary Water System Feasibility Study and consideration to make a selection and direct the General Manager to initiate a contract agreement with firm selected
    
    Karl began by informing the public that the District had 7 RFP’s returned; 4 finalists were interviewed and gave a presentation to the Board separately; and 2 firms rose to the top in the Board’s opinion from those presentations. Karl further stated that only four Board members were present and Kenyon asked for more time to evaluate the presentations and RFP’s submitted. Board members brought back their scoring sheets with changes for calculations.
    
    Ken tallied the points for the top two contenders and stated that Forsgren Associates, Inc. scored a total of 370 points for an average of 92.50 out of 100 and BCA scored a total of 335 points for an average of 83.75.
    
    Karl stated that he was very impressed with all the presentations, but was especially impressed with Forsgren’s and BCA’s knowledge of system; actual ideas on funding; and the proposed projects.
    
    Ted commented that of the two finalists, one firm is quite a bit larger than the other and feels that bigger means more beauacracy and more overhead costs; and with BCA we know that it will cost $89 an hour.
    
    Karl stated that this opinion probably should have been brought up at the presentations and continued to explain how the presentations were scored and the projects that Forsgren has been involved in within the community.
    
    Kenyon Leavitt made a motion to direct the General Manager to initiate a contract agreement with Forsgren & Associates, Inc. to complete the Secondary Water System Feasibility Study. Sandra Ramaker seconded the motion and it passed by a vote of 3-1 with Ted Miller opposed and Mark McEwen abstaining.
    
    7. Discussion – Receive letters and hear the opinions of Kenneth Cappos on the subject of a recreational reservoir in Mesquite
    
    Ken informed the Board that Mr. Cappos was in Canada and unable to attend this meeting. Mr. Cappos asked that Ken present materials that he had submitted. Ken informed the Board that Mr. Cappos is a planner/scheduler and that he wrote letters to the District, City of Mesquite and others with his ideas and information of a project in Idaho. Ken stated that he had written Mr. Cappos and informed him that his ideas were good, but our area was a lot different than the Idaho location, but appreciated his thoughts.
    
    8. Discussion & Possible Action – Consideration to approve District’s Operating Rules & Regulations as revised and amended
    
    Ken stated that we had integrated comments from the last work session held on January 20th and that he had very few additional comments, but that they were in red in the draft included.
    
    Mark informed the public that this was an all day workshop, open to the public, and the Board went through item by item/page by page.
    
    Karl opened the item to the public for comment and Wade Poulsen with LCWD and asked about any major changes stating that they look to the District for their policies also. Ken reported that the major change was that all fees mentioned were taken out of the context and put on a separate Fee Schedule page for easy corrections and/or amendments without having to change the entire body of a section. We also added a section for the transfer of meters.
    
    Sandra questioned Section V, page 2 where it states that we will no longer allow water bill payments by credit card for more than $1,000. Ken explained that there was some discussion on this and that for the convenience for a majority of our customers, it is easier to call it a ‘wash’ for the smaller charges than having the credit card company charge a percentage to cover the fees and that customers with a larger balance could look at using the ACH which would involve less processing costs to the District.
    
    Karl continued with explanations of some changes.
    
    Mark questioned Section IV, page 4 where Ken had added ‘or other suitable computer-ready records’ and Ken explained that this would cover the District when there is new technology.
    
    Ted Miller made a motion to approve District’s Operating Rules & Regulations as revised and amended. Sandra Ramaker seconded the motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Performance evaluation of Kenneth Rock, General Manager. Possible action may include, but is not limited to, termination, suspension, demotion, reduction in pay, reprimand, promotion, endorsement, engagement, retention, salary increase, or ‘no action’. (The Board of Directors may consider character, alleged misconduct, professional competence, physical or mental health pursuant to NRS 241.031.)
    
    Bo began by giving a preliminary comment stating that he hates the language listed above, but that it comes directly from the Open Meeting Law statutes.
    
    Sandra explained how the evaluation sheets were filled out by the Board: √ for does well and an X for needs improvement; a section for comments; and then they would be signed and put into the GM’s permanent employee record.
    
    Sandra began by commenting on #1 – Relationship with the Board. Sandra stated that she had put a check mark by all subsections and commented that she has not been on the Board very long, but has found Ken very easy to work with and very informed.
    
    Mark suggested that each Board member be polled under each section of the evaluation form and read their comments.
    
    Ted stated that he concurred with Sandra.
    
    Karl also stated that he concurred with Sandra all the way down and feels that he is most impressed with Ken in that he works extremely well with not only the Board, but with employees and feels that he has done a tremendous job in bringing real direction to the District.
    
    Kenyon commented that he also felt that Ken had a great relationship with the Board; but his only one criticism is that he feels Ken’s recommendations to the Board are somewhat one sided.
    
    Mark stated that he is also fairly new and appreciates the leadership Ken has brought to the District; his openness; his timely manner in answering emails; and keeping the Board informed. Mark stated that his only critic, more than a criticism, are the two roads that were put in to the wells and the Board did not know until after they were put in. Mark suggested that before Ken moves forward, that he should keep bringing heads together (Board, staff, counsel) for information before moving forward and to make sure the District is legal and/or compliant with issues.
    
    Ken responded stating that he appreciates the positive comments and recognizes that there is always room for improvement.
    
    #2 – Fiscal management
    
    Kenyon began by stating that it is hard to evaluate fiscal management when the budget was set before Ken was employed. Kenyon further stated that he only had one comment and that Mark touched upon it in the last section where money was spent without Board approval, but he just wanted to remind Ken that a budget was approved by the Board before Ken came on board and he should make sure we follow that budget.
    
    Ted stated that he agreed with Kenyon’s statement.
    
    Sandra commented that Ken was not given a balanced budget to work with and he is working to bring the budget in-line. Sandra also stated that Ken displays common sense and good judgment in business transactions.
    
    Karl commented that Ken has shown common sense and good judgment in business transactions and gave an example of the rehabilitation of well #31 and the amount of money spent compared to prior years experience with rehabilitating a well in an emergency situation.
    
    Mark stated that he had a couple concerns and one was with Ken wanting to hire for different positions and spending more money than what was budgeted for. Mark stated he has concerns with the District getting larger right now when he feels this is the wrong time to push for bigger. Mark further commented that he understood Ken came from a much larger organization and has brought some global issues to the table, but maybe Ken should pull back into the District’s current situation and issues. Mark stated that his second concern was that he knew we were in an accountant flux situation, but Ken should provide a cost analysis for Board packets so the Board can make sound decisions for items brought to them for action.
    
    Ken responded by stating that he has cut some costs on day to day activities and is looking in to cutting power costs off wells #32 & #33. Ken stated that he has basically deferred the ideas that would require hiring additional staff until some later date assuming this is the universal opinion of the Board. Kenyon stated that the budget session was coming up and as he has said in the past, that’s the time to bring up these things and if you can come up with the figures and keep it balanced, then the Board could look at and approve.
    
    There was further discussion regarding budget and spending.
    
    #3 – Personal and professional attributes
    
    Mark stated he had no comment on this.
    
    Sandra stated that she has seen Ken at several different community activities and Ken always presents himself in a professional manner and always speaks positively about the District.
    
    Karl stated that he felt that Ken has been so busy that it has been difficult for him to participate or attend seminars or conferences, etc.
    
    Ken responded stating that he would like to spend more time with professional organizations and become refreshed on water treatment certification so that he can take those tests.
    
    #4 – Community and public relations
    
    Mark began by stating that Ken excels here and the Board has heard only outstanding comments of what he brings to our community.
    
    Sandra stated that she agreed and that the reports Ken has shown has taught the public things about the District that they never knew.
    
    Ted stated that he agreed with Mark and Sandra’s comments.
    
    Kenyon stated that he had no concerns here and that Ken does a great job in this area.
    
    Karl finished stating that he has attended a number of these presentations and the people in the community really enjoy them.
    
    #5 – Management skills and abilities
    
    Ted jokingly stated that Ken sometimes prepares too many reports. Ted further stated that Ken’s proposed organization goals and objectives are excellent; he is a very forward thinkingperson; he is progressive in attitude and action; he follows through on set plans; and as far as Ted knows, Ken follows District policy and abides by all laws.
    
    Sandra stated that she completely agreed with Ted’s comments and further stated that he is goes above and beyond and dedicates his time to make sure the Board understands what they need to know.
    
    Mark stated he had no comment.
    
    Karl stated that he also agreed with Ted’s comments and added that the District will benefit greatly from Ken’s forward thinking.
    
    Kenyon agreed with everything that had been said, however, concerning ‘follows District’s Policy manual’ and ‘abides by local and state laws affecting the District’, Kenyon questioned the roads put in to the wells and if BLM, County, etc. were contacted and if constructed to County standards. Kenyon commented that Ken should make sure as we do projects in the future that all entities be contacted to make sure the District is in compliance. He further stated that he realizes Ken is new to the area, but he needs to make sure that he abides by all laws.
    
    Ken responded that his errors were in his course of exuberance in his efforts to save time and money and receive the grant monies, but comments are all well taken.
    
    #6 – Effective leadership of staff
    
    Mark uestioned Ken on ‘Maintains high staff productivity’ and stated he has seen no reports on this and asked him how this was coming along and how he helps staff become more productive, and reminded him to listen to staff.
    
    Sandra stated that she hasn’t spoken to many of the staff, but who she has spoken to, have stated that Ken guides them well and staff has been able to get things done.
    
    Ted stated that he agreed with Sandra’s comments and further stated that he has noticed a huge improvement with moral of the employees.
    
    Kenyon stated that he personally believed Ken was given a competent staff to begin with and has spoken to some employees and there were concerns regarding jobs and suggested that Ken continue to encourage employees and keep them abreast of what is going on. Kenyon further stated that the ‘why’ question of what is being done be answered to employees.
    
    Karl stated that Ken has maintained all employees and that all he has spoken to are happy. Karl further stated that Ken encourages staff development and used Aaron and Pete as examples.
    
    Ken stated that the ‘where’ and ‘why’ were very important and he has scheduled all hands meetings to inform and explain actions; he has also had brain storming sessions that have been very productive; and feels he doesn’t need to micromanage the employees.
    
    Mark suggested forming committees within the employees on some of Ken’s global issues.
    
    Mark McEwen made a motion to retain Kenneth Rock as the District’s General Manager at his current salary. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration of matters relating to the City of Mesquite’s annexation of properties in Lincoln County and sources of water for those properties. Consideration of a possible legislative amendment to the District’s enabling statute setting forth an increase of the District’s authorized service area.
    
    Ken read a prepared statement regarding the water service area involving over 13,000 acres of Lincoln County Land Act parcels that appears to be poised to annex to the City of Mesquite. Ken’s recommendation is that the District takes efforts for legislative action to include VVWD in the service areas of the City of Mesquite. Ken further recommended that the District NOT serve water to any property not in our current service area until this issue has been resolved by the State Legislature or otherwise. (This statement is included in the District’s permanent Board Packets’ files located in the District office)
    
    Mark stated that he couldn’t agree more that this was a legislative issue. Mark questioned Ken’s last words ‘or otherwise’ and Ken explained that there could be an agreement with LCWD or other legal action that the District is not involved in, that would allow the VVWD to serve that area without a legislative bill to make that happen.
    
    Karl stated that he was right with Mark on this and that this is an issue to be resolved by the State Legislature.
    
    Bo Bingham stated that he had met with LCWD Legal Counsel, Dylan Frehner and GM, Wade Poulsen earlier and informed them that VVWD would not be taking any action on their own.
    
    Wade Poulsen, LCWD General Manager, reiterated that he and Dylan had met with Bo earlier and stated that they believe from the LCWD perspective, that obviously this is their service territory given to them through the legislation act of 2003. Wade further stated that he believes that there is a possibility and scenario in place, and planning that they have done, that the LCWD and the VVWD work together to be able to make a ‘win/win’ situation for both water districts and the City of Mesquite, and obviously questions and negotiations would need to take place. Wade further stated that he especially agreed with Ken’s criteria #1 from his statement.
    
    Dylan Frehner, General Counsel for LCWD, commented that this process with Lincoln County, LCWD and VVWD has been going on for over ten years to decide who would be the water provider for this area. Dylan stated that they actually came and presented before the VVWD Board a proposal of interest from the VVWD to service this area in cooperation with Lincoln County, and the response they received at that time from the VVWD Board and staff was that they would not provide any water to Lincoln County whatsoever. Dylan also wanted it noted for the record that LCWD was not contacted for any comments related to the statement that Mr. Rock read into the record.
    
    Bo stated that the Board could decide what they wanted to do about any legislation. He further stated that with respect to the comment that I think “Wade and Dylan made”, Bo doesn’t know that anyone here (Board members) have expressed a desire to seek legislation that would not specifically involve the properties that the City of Mesquite is seeking to annex. Bo thought that everyone was referring specifically to the event that if the City of Mesquite annexed certain properties into the City of Mesquite that the District could seek legislative approval of the Water District serving that water; and that certainly does not foreclose the opportunity of working with LCWD at all. Bo stated that this point, the Board could decide, what if anything, it wants to do with respect to the annexation issue that’s ongoing; with the idea in mind that there is ongoing litigation between the City of Mesquite, Lincoln County and LCWD.
    
    Kenyon commented that at least where he stands, if there is any kind of legislation change that needs to take place, it should not come from the VVWD. Kenyon restated that the VVWD only has 12,000/af of water to service what is available now and would have no benefit changing our service area, but if developers or City change legislation and it become part of our service area, then the District will do what is required.
    
    Mark stated that was exactly where he stood also and reiterated that if legislation changes the service area, the District will have to abide by whatever is decided, but it is not our fight.
    
    Ken stated that it was important to note that like other utilities, there could be more than one service provider in an area and it could be a cooperative adventure.
    
    The item died for a lack of a motion.
    
    11. General Manager’s Report
    
    Ken had included a written report. Ken also included a worksheet that explained the value of cleaning the louvers/intakes at Well #31. Ken also stated that they would re-video Well #31 tomorrow and they could see if there was any damage done by the cleaning. Ken explained how the well was cleaned.
    
    Ken has sent a memo to Bowen, Collins & Associates regarding the rate schedule and his concerns to be discussed.
    
    Ken also stated that he has been working with Christina and our insurance agent regarding medical and dental benefits for the employees and explained the savings with their choices.
    
    Ken has been working with David Waite regarding the RFP out for an auditor.
    Mark questioned the status of the Bunkerville Dam failure and Ken stated that the City of Mesquite has taken the lead and is sponsoring the BIC and they have received permits and allowance to build a temporary dam and conversion.
    
    Ken also mentioned that the advertisement and the job description for the part-time Senior Accountant/Fiscal Analyst have gone out.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:03 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-02-15 (.pdf 91.K)
  - 2011-02-09: Special PM Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL JOINT MEETING WITH
    MESQUITE CITY COUNCIL AND
    SECONDARY WATER STAKEHOLDERS
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 9, 2011
    
    Minutes of a Special Joint Meeting of the Virgin Valley Water District Board along with Mesquite City Council and Secondary Water Stakeholders held on February 9, 2011, at the Virgin Valley Water District Office at 3:00 p.m. Attending were Virgin Valley Water District President Karl Gustaveson (and City Council Member), Secretary Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen was not present. Also present were Virgin Valley Water District’s General Manager Kenneth Rock, District Hydrologist Aaron Bunker, Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    The City of Mesquite representatives present were Mayor Susan Holecheck, City Manager Tim Hacker and Council Members David Bennett, Robert “Bubba” Smith, Geno Withhelder and Randy Ence; along with City Clerk Cherry Lawson and City Attorney Cheryl Hunt.
    
    President Karl Gustaveson called the meeting to order at 3:00 p.m. Kenyon Leavitt offered a prayer and Sandra Ramaker led the pledge.
    
    Mayor Holecheck stated that the Mesquite City Council was attending this Joint Work Session and that a quorum was present. Mayor Holecheck also stated that the Mesquite City Council would not deliberate or take action on any matter under the jurisdiction and control as the City Council was invited to attend this joint session here and receive updates on joint water resources.
    
    Mayor Holecheck opened up the City’s portion of the meeting and asked for any public comment. Seeing no one, Mayor Holecheck closed public comment.
    
    VVWD Public Comment – There was no public comment at this time.
    
    (NOTE): The minutes of this meeting have been recorded and will remain on file in the District office for a one-year period for public examination.
    
    AGENDA:
    
    1. Discussion & Action - Approve Agenda
    
    Ted Miller made a motion to approve the agenda as posted. Kenyon Leavitt seconded this motion and it was unanimously carried. 4-0
    
    2. VVWD – Discussion: If the Board’s selection has been made, reveal the name of the consulting team that will be hired for the secondary system study.
    
    The public was informed that a firm had not been selected as of this time and that it would be put on the District’s agenda for action on February 15, 2011.
    
    3. Golf Courses – Discussion: Hear opinions and possible proposals on addressing various short and long term non-potable water supply concerns
    
    Robert Fuller with Wolf Creek Golf Club thanked the entities for their cooperation and consideration. Rob reiterated the golf courses’ needs for long term leasing; a more affordable and guaranteed solution for water resources for lending and financing purposes. Rob further stated that Wolf Creek’s goal was to use City re-use water and not river water in the future.
    
    Tim Colbert with Pulte stated that they had been invited to attend the meeting between the golf courses and agreed with the sentiments expressed by Rob.
    Corey Clemetson, co-owner of Wolf Creek Golf Club, stated that golf course reps had a meeting yesterday afternoon talking about items that Ken had brought up at previous meetings and that the golf courses in general echo what Rob had said. Corey also stated that as an owner, they have invested a lot of money and time with the golf industry in Mesquite; and feels the Mesquite golf community is the finest in the State and one of the finest in the southwest United States.
    
    Karl opened this item to the VVWD board, with no comments.
    
    Karl opened this item for comments from the City of Mesquite. Geno asked about the Palms and Casa Blanca’s involvement and was informed that they had their own water sources.
    
    David Bennett commented on Ken’s handout and felt that it was very creative and also wanted to note that he would have to leave at 4:45. Bubba stated that he also agreed with David regarding Ken’s handout.
    
    Karl opened this item to the public and Kraig Hafen stated that he was the owner of the land that Casa’s golf course sits on and that it is watered by Mesquite Irrigation Shares and that they have a 99 year lease.
    
    4. Developers – Discussion: Hear opinions and possible proposals related to non-potable water, if desired.
    
    There were no representatives of the building trade present.
    
    5. City of Mesquite – Discussion: Hear any updates or announcements the City may wish to present regarding non-potable water.
    
    Tim Hacker stated that he would just like to reiterate what the Mayor had stated at the last meeting and that they were over committed for the re-use water, but that they were here to help and facilitate the best they can.
    
    6. VVWD – Discussion and Possible Action: Propose the metering of some non-potable water users such as golf courses, establishing them as regular VVWD customers, with service limitations related to MIC operations.
    
    7. VVWD – Discussion and Possible Action: Suggest river water rates at the MIC canal in terms of $/1000 gallons, including a comparison to current leased river and potable water costs.
    
    Ken referenced his handouts and began by stating that there is no agreement on what a share actually consists of. Ken stated that a Mesquite Irrigation Company (MIC) share was somewhere between 7.18 and 10.5 afy and a Bunkerville Irrigation Company (BIC) share was somewhere between 9.26 and 11.89 afy. Ken stated that irrigation shares are currently leasing from $300/year to $1600/year.
    
    Kraig Hafen is on the board of MIC, and stated that he needed to get this out, but the people that own the irrigation shares, own the system and that there would be nothing done until approved through the board and the shareholders. Kraig further stated that they were willing to work with people, but if they wanted the cooperation of the MIC, they needed a seat at the table, and that included BIC.
    
    Ken stated that the MIC has required that the golf courses have magnetic flow meters installed so that their withdrawals can be measured. Ken also informed the Board that the MIC manager, Kraig Hafen, would allow VVWD access to the meter readings. Ken reviewed the handout and his explanations for connection fees; monthly meter fees; water rates; recycled water concerns and the system reliability. Ken answered questions on how it would work regarding $/1000 gallons vs. $/per share.
    
    There was discussion regarding shares vs. per/1000; a ‘regular customer’; and what if the river was dry. Kraig Hafen stated that since SNWA became involved with leasing MIC/BIC shares, that there was plenty of capacity in the ditch and that no one could suck the ditch dry.
    
    8. All Stake Holders – Discussion & Possible Direction – Establish commitments or action items as appropriate.
    
    Bob Bunker of BIC stated that as an observation, the SNWA had come up, met with the irrigation companies and established an operating agreement. Bob further stated that maybe this could be the case and have Ken meet with the irrigation companies and work out an operating agreement.
    
    9. Discussion and Possible Action – Establish the next meeting date. A suggestion is Wednesday, June 8, 2011 – after the secondary system study is completed by VVWD’s consultant.
    
    Karl suggested hearing from the Board and Council and thought maybe another meeting should be scheduled.
    
    Mayor Holecheck thought that another meeting would be in order, but that Bill Tanner, Public Works Director, should be present since you are talking about using the City’s system.
    
    Geno Withhelder stated that another meeting was in order and should be expedited with mandatory attendance by representatives of the major players.
    David Bennett echoed Geno’s suggestion and also stated that it is critical that the
    irrigations companies have a seat at the table.
    
    Kelby Hughes stated that he was elected as President of the MIC to take care of all the shareholders and they have a vested interest in this. Kelby further stated that they are water purveyors and it was their job to make sure there was water running in the canals. Kelby further stated that it was a percentage cut per share time-wise. Kelby also stated that they were in a position to offer a lot of information that could help us, but that they haven’t been invited to the table.
    
    Karl stated that it was probably the time to set a date for another meeting for the entities to get together.
    
    Kenyon Leavitt suggested direction be given to Ken to contact the entities involved and schedule a meeting.
    
    It was suggested that representatives of the VVWD, City of Mesquite, stakeholders, golf courses and the BIC and MIC meet at the VVWD District offices next Wednesday.
    
    10. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 4:37 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Special PM Board Meeting Minutes: 2011-02-09 (.pdf 25.K)
  - 2011-02-09: Special AM Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 9, 2011
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on February 9, 2011, at the Virgin Valley Water District Office at 7:30 a.m. Attending were President Karl Gustaveson, Secretary Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Vice-President Mark McEwen was not present. Also present were General Manager Kenneth Rock, District Hydrologist Aaron Bunker and Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 7:30 a.m.
    Without objection, it was decided to forego the prayer and pledge at this meeting due to time constraints.
    
    (NOTE): The minutes of this meeting have been recorded and will remain on file in the District office for a one-year period for public examination.
    
    Ken explained the evaluation forms handed out to Board Members and that the RFP’s were on the table for more information.
    
    AGENDA:
    
    1. Discussion & Action - Approve Agenda
    
    Ted Miller made a motion to approve the agenda as posted. Kenyon Leavitt seconded this motion and it was unanimously carried. 4-0
    
    2. Discussion – Presentations from four consulting firms for proposals on completing the Secondary Water Feasibility Study, with presentations scheduled for 7:30 a.m., 8:20 a.m., 9:10 a.m., and 10:00 a.m.
    
    The first presentation was Forsgren Associates, Inc. Mr. Ryan Wheeler, Project Manager, handed each Board Member a spiral bound copy of their RFP along with a hard copy of their power point presentation. Ryan began with background information, references to other projects and introduced his team, Richard Noil for Reuse/Secondary Water, and Clarence Kemp for Golf Course Irrigation.
    
    Mr. Clarence Kemp, informed the Board of related project experiences. Clarence also talked about the District’s secondary water challenges, or ‘opportunities’, as he calls it.
    
    Ryan then reviewed their project approach to the project.
    
    Richard Noil spoke of an Integrated Water Resource Management Approach and other projects that Forsgren has accomplished with this approach and the number of entities that were brought together to work out and complete the project.
    
    Clarence discussed economics, funding opportunities and the number of agencies Forsgren has worked with in the past.
    
    Ryan then concluded the Project Approach and explained why the District should choose Forsgren.
    
    At this time, the representatives of Forsgren answered all questions from the Board.
    
    The second presentation was given by Bowen, Collins & Associates. Mike Chandler, Project Engineer, and Mike Collins, proposed Project Manager were present. Mr. Collins began with their team’s experience and explained the key issues effecting secondary system development.
    
    Mike Chandler spoke of “when” key issues; the potential for conservation and secondary; the existing VVWD groundwater sources; additional groundwater acquisitions; expansion of existing secondary system; and then gave a summary of the main points he mentioned.
    
    Mike Collins then took over and spoke of the “how” issues and what the best alternatives could be; supply vs. demand; storage; water quality; Lake Mead pipeline; the politics; and then gave a summary of these issues.
    
    Mike Collins continued with “how much” issues and how to fund project with money key issues; the District’s expenses and revenues today and serving future customers; having future growth pay for itself; the historic outside funding options used by the District; and where we can get money in the future. Mr. Collins finished with a summary and why the Board should choose Bowen, Collins & Associates.
    
    The Board then had all questions answered.
    
    The third presentation was given by the Slater Hanifan Group. Mr. Ken Hanifan, Public Relations, introduced the members of the team present which consisted of Nick Golz, Project Manager, Christie Brannen, Funding, and Mike Turnipseed, Water Policy & Rights. Mr. Hanifan gave a brief outline of the presentation, introduced their goals and previous and/or current clients they have worked with.
    
    Nick Golz continued with explaining their understanding of the project; the design concept steps; and gave other thoughts and ideas.
    
    Mike Turnipseed reviewed water rights and policy opportunities that he would bring to the project.
    
    Christie Brannen with BEC Environmental, Inc. explained her company’s project role and methods; the funding opportunities; and the potential funding sources and/or programs that may be utilized for project.
    
    Any questions were answered at this time.
    
    The fourth presentation was given by Kennedy/Jenks Consultants. The Kennedy/Jenks team present consisted of Project Manager Bob Owens, Agency Coordinator Pete Samuolis and Water Rights Specialist Vicki Scharnhorst. Bob took the lead with introductions and stated that their approach would be to look at the development of long-term water supply options, finance improvements and a prioritized CIP that provides flexibility where the work coincides with revenues.
    
    Bob continued and stated that an analytic framework leads to a prioritized, flexible plan. Bob further presented their secondary supply alternatives; stakeholder engagement; and a project work flow chart. Bob then explained how their approach would develop the universe of alternatives and project attributes for evaluation; that each local investment dollar equals a threefold economic benefit; and how the decision making with cost and non-cost rating factors would eventually decide what approach the Board would move forward with. A decision matrix, with three packages as an example was presented, and explained how a decision would be made by the Board for the best project(s) for the District using this method. Bob ended the presentation stating that Kennedy/Jenks would provide a flexible, long-term path forward for the District.
    
    Any questions were answered at this time.
    
    3. Discussion & Possible Action – Consideration to approve a consulting group for the Secondary Water Feasibility Study with contract to follow. If the evaluations require more time than the Board has available, further discussion and action can be agendized for the regular Board meeting on February 15, 2011
    
    Ken began by commenting on how the Board could go about approving a firm or this could go on the next agenda for action. The Board began discussing the presentations. Kenyon stated that he would like to study the handouts more before he totaled his points and gave an opinion. Ken gave the Board his opinion on the presentations and their qualifications. There was further discussion with the Board regarding the firms; their presentation; and their knowledge of the District’s system.
    Ken asked if Board members had totaled their points and if they would like him to tally. Each Board member gave their numbers, except Kenyon, and further discussion ensued regarding the points and how they came to their decisions. Ken asked Kenyon if this is put on the agenda for the 15th for action, would he like the other Board members to be able to change their points after reviewing the RFP’s; and Kenyon stated that would be appropriate.
    
    Kenyon Leavitt made a motion to drop the bottom two firms in points and to concentrate on evaluating the top two firms with the handouts given out and their RFP’s submitted, and to come back and make a decision at the February 15, 2011 meeting. Sandra Ramaker seconded this motion and it was unanimously carried. 4-0
    
    4. Public Comment – There was no public comment at this time.
    
    5. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 10:55 a.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Special AM Board Meeting Minutes: 2011-02-09 (.pdf 22.K)
  - 2011-02-01: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 1, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on February 1, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were District General Manager Ken Rock, District Legal Counsel Bo Bingham and Administrative Assistant Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Kenyon Leavitt stated that he had received an e-mail asking if the same procedure was to be held this year as in the past and if Board members wanted to evaluate the General Manager at the first meeting in February. The consensus was to evaluate and it’s not on the agenda. He was wondering why and when the decision was made to not evaluate at this meeting. Kenyon also commented that he wondered if these e-mails were a violation of the Open Meeting Law (OML), getting opinions from the Board. Ken commented that with clear direction he would put it on the next agenda, but there seemed to be ambivalence as to when it was going to be at this meeting, for 7 months of employment, or to wait until he had been here one year after the last meeting.
    
    Sandra said that she had discussion about this and one of her concerns was that the District did not have a policy on evaluating or goals set for the General Manager.
    Mark stated that he agreed with Kenyon and that he has seen and also thinks that it might not be a bad idea to sit down and review Ken every six months for the first eighteen months because of his rank.
    
    Karl commented that he had answered the e-mail and thought that the evaluation was okay to do at this first meeting, but since the policy only states that the evaluation will be done annually, and not the first meeting of February, he didn’t feel it was a violation of the OML. Karl further stated that the consensus is to evaluate and asked that the General Manager have his evaluation be brought up at the next Board meeting. Ken stated that there is currently no format for a performance review and that he would recommend that the Board members have some type of form to reference, and that Sandra had an example.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 1/18/11 Work Session Meeting
    
    3. Discussion & Action – Approve Minutes from 1/18/11 Regular Meeting
    
    4. Discussion & Action – Approve Minutes from January 20, 2011 Work Session Meeting
    
    5. Discussion & Action – Approve Financial Statement for November 2010
    
    6. Discussion & Action – Approve Bills Paid - $418,372.90
    
    7. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Alford - $2,600 – Clean out cracks and crack seal patches
    
    ** End of Consent Agenda**
    
    8. Discussion & Action – Ratify approval of contracts secured by the Hydrologist and signed by the General Manager after receiving competitive bids for the emergency rehabilitation of Well #31
    
    Ken stated that the District received more than one bid for the pump and Layne-Christensen was the low bidder at $17,733.85; with the high bid coming in at $22,405.00; and that the pump had arrived today. Ken further stated that five bids were received to pull and rehabilitate the pump, ranging from $15,050.00 and $70,475.00 with Weber Group L.C. the low bidder. A contract was developed with the help of Bingham & Snow and the Notice to Proceed has been issued.
    
    Kenyon Leavitt made a motion to ratify approval of contracts secured by the District Hydrologist and signed by the General Manager for the emergency rehabilitation of Well #31. Mark McEwen seconded the motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration to continue the existing accounting services of Draper & Gleave, LLC, with or without adding to their scope of services
    
    Kenyon stated that due to a conflict of interest because John Gleave is his brother-in-law and David Waite is his cousin, he would not be participating with this item.
    
    Ken began by stating that this was a reprise of three previous items that had come up at the previous Board meeting. Ken further stated that the Board had requested that David Waite come back and make a presentation on how they might address the concerns and desires of the Board and General Manager, and Ken’s direction was to give the Board an approximation of what it might cost to hire somebody in-house to compete with outside services from Draper & Gleave or somewhere else. There was a memo in the packets with what Ken proposed for either full-time or part-time accounting services at a wage scale between Supervisor & GM or within the current Supervisor scale; along with other benefits and taxes that the District would pay.
    
    David Waite distributed a memo to the Board members with a proposal from Draper & Gleave. David began with a brief history of Draper & Gleave’ services with the District through the years and how their role has gone from closing the books at the end of the month and assisting with basic regulatory requirements to what it is today and explaining the increase in fees for the last two fiscal years. David explained that in Fiscal Year 2010, Draper & Gleave continued to do the things that they were doing. When the old GM was terminated Draper & Gleave assisted the Interim GM and staff more with the budget process than in prior years, plus the Water Rate Study, the Vanguard lawsuit and additional bond reporting.
    
    David then reviewed the current needs of the District as a result of discussions during the accounting work session and their interpretation of what the Board and staff were requesting of the accounting department. David read from his memo how the current reporting system would be updated; what monthly reporting to the board would include; how a project proposal process would be implemented and what it would include; and implementing a fraud program.
    
    David explained Draper & Gleave’s proposal going forward with the District, still utilizing John Gleave in his same capacity, and engaging David to implement items noted in section “III. Current Needs” section of the memorandum; and the expected costs.
    
    David answered questions regarding the proposal.
    
    Ted stated that he feels that the accountants were also responsible for the District’s present financial problems and that the District needed a change.
    
    Sandra stated that she believed that John Gleave has given a lot of dedication and work to the District and did what was asked of him, but feels that the Board wants more hours at a lower amount of money and it is a time to make a change and bring someone in internally.
    
    Mark stated that he totally disagreed with Ted and that Draper & Gleave had nothing to do with the District’s current financial status and the District received what they asked for. Mark further stated that he was not opposed to other options, but that it was not the right time.
    
    Ken explained how he got the numbers in his memo. There continued to be discussion regarding hourly rate and hours and hiring an internal employee vs. an outside accountant.
    
    Mark McEwen made a motion to continue to use the accounting services of Draper & Gleave without adding to the scope of services.
    
    Bo commented that he wanted the Board to realize that with a conflict of interest and Kenyon abstaining, that three Board members must agree to pass any motion by a majority vote.
    
    Karl asked if there were any questions on the motion and asked if Mark’s intent was to have another motion to pursue a part-time employee. Mark stated that would be covered in the following items.
    
    The motion died for a lack of a second.
    
    10. Discussion & Possible Action – Consideration of approval of a Senior Accountant as a regular VVWD employee. The Board may decide to hire at ½ time or full-time depending on perceived needs, cost and value.
    
    Sandra stated that she would like to see the Board give direction to the General Manager to put out a job request for hire for a Senior Accountant and after a time when we get the applications back, then we see who applies and what qualifications, and then we could take it from there. Karl stated that could be difficult and that the Board should make a decision before advertising whether it would be for part-time or full-time.
    
    Kenyon stated that the idea regarding accounting services was to save money; if the District created this job, it would be a permanent government job with benefits, and if we went with an independent person, we would not have to pay all the benefits, taxes, workers comp, etc. Ted asked for a point of order and asked if Kenyon was trying to keep his brother-in-law on the payroll. Kenyon stated that he was not, but was trying to say that it is not a good idea to hire a part-time employee and paying all benefits. There continued to be a lengthy discussion and debate on contracted services vs. an employee with benefits, the hours, etc. and what the best direction should be for the District.
    
    Kenyon Leavitt made a motion to go out for an RFP for accounting services to re-evaluate our accounting costs. Mark McEwen seconded the motion and the motion failed by a vote of 2-3 with Karl Gustaveson, Ted Miller and Sandra Ramaker opposed.
    
    There continued to be discussion.
    
    Ted Miller made a motion to hire a half-time employee depending on perceived needs, cost and value.
    
    The motion died for a lack of a second.
    
    Sandra Ramaker made a motion to put out for a part-time accountant with benefits at the level of a Senior Accountant within the range of a District Supervisor that tops out at $33.65 per hour. Ted Miller seconded the motion.
    
    Mark questioned the motion stating that it appears to him that if we hire a half-time person, we will be paying more ultimately than what we are paying right now, in our current budget, after a rate increase and wanted to verify that this was the motion.
    
    The motion passed by a vote of 3-2 with Kenyon Leavitt and Mark McEwen opposed.
    
    11. Discussion & Possible Action – If the recruitment of a new accountant has been approved, consideration to request a continuance of the accounting services of Draper & Gleave, LLC for approximately three months after the new VVWD accountant is hired or until those services are no longer required for transition or backup
    
    Sandra stated that we obviously needed to keep an accountant in place until we hire someone and have their assistance until the new employee is comfortable. There was some discussion on the time-frame we would need to continue with Draper & Gleave services.
    
    Mark McEwen made a motion that we request Draper & Gleave to continue their accounting services with us for as long as we need to complete the transition to our new employee. Ted Miller seconded this motion and it was passed by a vote of 4-1 with Kenyon Leavitt opposed.
    
    12. Discussion & Possible Action – Authorize the General Manager to further research and propose possible means to enact secondary water service similar to that for regular culinary water service
    
    Ken stated that golf courses have a strong desire for guaranteed water service as culinary water customers. Ken suggested metering the service at a lower cost than culinary water meters and charge at a price per 1000 gallons. This would greatly benefit the golf courses in securing loans for financing their construction and operations.
    
    Kenyon asked if we are guaranteeing water to golf courses if the river runs dry. Ken answered that we would be constrained to the realities of the irrigation systems.
    
    Rob Fuller of Wolf Creek Golf Course stated that he has had conversations with Ken Rock and feels that there is a lot of logic in this thought and would be supportive of these types of arrangements. Mr. Fuller further stated that Wolf Creek Golf Course has installed a magnetic meter per requirements of the Water District previously. Rob would also like to see a rate of around 8 cents per 1,000 gallons as they are paying now; and further stated that modifications may be challenging.
    
    Ken stated that he had crunched numbers and his figures came out to about .128/1000 gallons, plus a meter charge. There continued to be discussion regarding improving the water quality, contracts with the City for recycled water, access to the irrigation ditches, costs to the District and the time frame.
    
    John Paul commented that the long term effect of stability for the lending institutions is really big news for the golf courses.
    
    Ted Miller made a motion to authorize the General Manager to conduct further research and to propose possible means to enact secondary water service similar to that for regular culinary water service. Sandra Ramaker seconded the motion and it was unanimously carried. 5-0
    
    13. General Manager’s Report
    
    Ken had included a written report. Ken also informed the Board that he met with Barry Stubbs and Mike Ford and they are very encouraged by the direction the District is going, along with the City and Bunkerville Irrigation Company, in terms of a comprehensive solution to rebuilding the Bunkerville Dam. The City has agreed to sponsor that project so that potentially 75% grant money is available.
    
    Ken also stated that he had some corrections to make in comments that he has made. One is that he stated golf courses do not use any potable water, and in actuality, they are our 6th largest user and use 4% of our water. Ken then stated that we are struggling with a 12% increase in medical insurance rates for a second year in a row, but we are looking at something similar that could be $40,000 less. Ken also stated that he would be out of town on Friday. Ken also reported that we received 7 proposals and after he and Aaron reviewed, there would be 4 presentations at the special meeting scheduled for Wednesday, February 9 beginning at 7:30 a.m. and that there would also be a meeting at 3:00 on this same day regarding the secondary system.
    
    14. Hydrologist’s Report
    
    Aaron had included a written report, but was not present due to attending a conference in Reno on Water Rights.
    
    15. Public Comment
    
    Rob Fuller again thanked the Board for being open and creative and concerned about the future of golf and willing to work out an arrangement with the golf courses; and that their (golf courses) intention is to be a re-use consumer.
    
    John Paul thanked the Board for addressing issues to satisfy all needs and that the golf courses do use culinary water in their restaurants, restrooms, washing carts, etc. and would continue to do so.
    
    16. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 7:25 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-02-01 (.pdf 34.K)
  - 2011-01-20: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 20, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on January 20, 2011, at the Virgin Valley Water District Office at 9:00 a.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Sandra Ramaker. Also present was Kenneth Rock General Manager, Eric Wilbanks District Counsel arriving at noon and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 9:04 a.m.
    
    Mark McEwen offered a Prayer and Ted Miller led the pledge.
    
    Public Comment: Robert Fuller, CFO of Wolfcreek and Randy Tickner with Oasis Golf Course both commented that they would like to see longer lease agreements for irrigation water with the golf courses than the current one year lease period.
    Richard Olsen with Advanced Construction commented on the transferring of water meters.
    
    Tim Hacker, City Manager, stated that he would like to applaud the Board in their getting back to the policies and procedures of the District and getting them in order. Tim also thought the meeting with the golf industry and secondary water was going to be February 9th.
    
    ITEM#:
    
    1. Discussion & Possible Action – Review of District’s Operating Rules, Regulations & Rates with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Operating Rules, Regulations & Rates
    
    The Board began at the beginning stating that Ordinance III and Ordinance IV would need to be inserted into the rules when completed. The Board reviewed and made amendments to Section V, and after Eric Wilbanks arrived, it was determined to eliminate the Development Agreement form from the Rules & Regulations, but to insert it in a heading in another section stating that this form must be completed, etc.
    Under section VI-2 Installation of Meters, verbiage enabling the transfer of meters drafted by legal counsel is to be inserted as section VI-3, and section numbering thereafter will be adjusted.
    
    Throughout the policy, all mention of exact fees to be charged will be removed and a statement that all fees/charges/costs, etc. will be charged per the District fee schedule as established by the District will be inserted.
    
    Under the section VI-5 Temporary Construction Water Service, the rules for usage will be eliminated. This form is distributed to users of construction water before a meter is connected.
    
    Under the section for a Request for a Will Serve letter and throughout the entire policy, corrections were made to spelling, grammar and punctuation. The plan check fees will be removed from section VI and put on the fee schedule.
    
    Under section VII-4, in lieu of a heading of Installment Payments, it should be changed to Payment Arrangements along with language fitting.
    
    Under section VII-5 Illegal Restoration of Service, a final sentence is to be added that states ‘Appropriate legal action may be taken.'
    
    The new section VII-8 Liens will be added with verbiage supplied by legal counsel.
    Under section VIII, VIII-1 will be removed and the remaining headings will be re-numbered. Under Application for Services, #c a period will be inserted after the word location(s) with the remaining verbiage being removed. Item #d will also be removed and under item #e (to be d) will have the word ‘owner’ inserted as the second word of this paragraph.
    
    In this same section under District’s Responsibility and Liability, #a will be removed with the remaining items being re-numbered. The new item #a, shall read that ‘The District shall install its meter at or near the property line, or in some other location mutually agreed upon’; with another sentence added, ‘Access and easements to the meter will be provided to the District.’ In the new item #b, ‘closely grouped and each’ shall be eliminated.
    
    Under section VIII-4 Consumer’s Responsibility, item #g, should be corrected to read in accordance with the District’s ‘Specifications’ in lieu of Rules and Regulations. Item #j in this same section shall be inserted as the last sentence of item #i, with the remaining to be re-numbered. In the new item #k, after the first sentence ending in the word meter, ‘or backflow device, as the case may be,’ shall be inserted. In item #m (new #l), the word ‘shall’ will remain and ‘short pipe extension’ shall be inserted to explain what a ‘pigtail’ is and the last sentence shall be removed.
    
    In section VIII-5 Access to Premises, item #a, agents of the District shall have access ‘as necessary’ will replace ‘access at all reasonable hours’. Item #b shall be corrected to read ‘The District shall have a perpetual easement and right-of-way across any property owned or controlled by the consumer for the District water facilities and lines.'
    
    Under section VIII-6 Change of Occupancy, item #a, shall be changed from ’24 hours’ to ‘2 business days’.
    
    Section VIII-11 is being completely removed.
    
    The Board began discussing Section IX, Lease of Irrigation Shares and it was determined that this be brought back at the District’s next board meeting for review and possible action. It was also discussed that these Rules & Regulations be brought back to the Board at their February 15th meeting for adoption.
    
    2. Discussion & Possible Action – Review of District’s Administrative Policy, Rules and Procedures Manual with the Board and staff and consideration of amendments, corrections, additions, deletions, modifications and comments to such Administrative Policy, Rules and procedures Manual.
    
    It was determined to meet again on March 10, 2011 at 9:00 a.m. to review the District’s Administrative Policy, Rules & Procedures Manual since there was not enough time at this meeting.
    
    3. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 4:07 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Minutes: 2011-01-20 (.pdf 20.K)
  - 2011-01-18: Work Session Minutes
    
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 18, 2011
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on January 18, 2011, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President Karl Gustaveson arriving at 3:21 p.m., Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Sandra Ramaker. Also present were Kenneth Rock General Manager, Bo Bingham District Counsel, John Gleave District CFO and David Waite representing Draper & Gleave, LLC and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Discussion – Work Session with David Stratton Waite with Draper & Gleave, LLC for review, modifications and/or changes to accounting functions and procedures at Virgin Valley Water District (VVWD)
    
    Vice-President Mark McEwen opened the meeting at 3:17 p.m.
    
    David Waite began the meeting with background information about himself, his relationship to John Gleave and Kenyon Leavitt and information regarding Draper & Gleave, LLC. David stated that the purpose of this meeting was to obtain information from the Board and staff and to obtain a better understanding of their wants, needs, likes and dislikes for accounting procedures and information produced and received from an accounting firm in order to make informed decisions.
    
    Discussion of the overall accounting functions; monthly reporting and forensic accounting procedures ensued with comments, questions and concerns stated by the board and staff. It was suggested that annual budgets be comparative; that graphs and wording be such that all board members and the common rate payer could understand; information provided on a timelier basis or to have current information available at meeting where board is to make a decision on spending; and to have information available when making spending decisions as to how this expenditure is going to effect the current and future budgets along with staff recommendations.
    David asked the board what their auditor expectations were and informed the board what is expected of an auditor.
    
    David then presented an overview and summarization of the meeting and his understanding of what the board would like to see.
    
    President Karl Gustaveson adjourned the meeting at 4:53 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    
    Work Session Minutes: 2011-01-18 (.pdf 14.K)
  - 2011-01-18: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 18, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on January 18, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President Karl Gustaveson, Vice-President Mark McEwen, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Sandra Ramaker. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President Karl Gustaveson called the meeting to order at 5:00 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 1/4/2011 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for October 2010
    
    4. Discussion & Action – Approve Bills Paid - $162,669.15
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to continue the existing accounting services of Draper & Gleave, LLC, with or without adding to their scope of services
    
    6. Discussion & Possible Action – Consideration to approval of a Senior Accountant as a regular VVWD employee. The Board may decide to hire at ½ time or full-time depending on perceived needs, cost and value
    
    7. Discussion & Possible Action – If the recruitment of a new accountant has been approved, consideration to request a continuance of the accounting services of Draper & Gleave, LLC for approximately three months after the new VVWD accountant is hired or until those services are no longer required for transition or backup
    
    Karl began by stating that the board had an earlier meeting regarding the accounting needs of the VVWD with representatives of Draper & Gleave, LLC and that the consensus of the Board was to not deal with this at this time and to move these three items to the next Board meeting. David Waite will also provide a presentation to the board with a proposal and scope of work that he will provide from information received from the work session held before the regular meeting.
    
    Kenyon Leavitt made a motion to table items 5, 6 & 7 until the next board meeting, February 1, 2011, with direction to the General Manager to also provide, along with David’s proposal, a comparison of a full-time or a part-time employee versus an outside accounting consultant. Ted Miller seconded this motion and it was unanimously carried.
    5-0
    
    8. Discussion & Possible Action – Consideration to develop a request for proposals for auditing services, either for this fiscal year or to begin next fiscal year
    
    There was discussion regarding dates and times as to when an auditor had to be appointed and the timeframe to advertise, receive and review RFP’s. Ken also suggested that our accountants, Draper & Gleave, LLC provide assistance with issuing an RFP and to answer questions.
    
    Kenyon Leavitt made a motion directing staff to issue an RFP for auditing and to have that advertised by February 1, 2011 with proposals to be submitted by March 1, 2011. Mark McEwen seconded the motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – A brief update on District Emergency Response Plan, the Water Conservation Plan, and others with opportunities for action related to updating and implementing them
    
    Ken stated that the District does have a water conservation plan adopted but we are not addressing anything within the plan. He stated that in order to comply with NRS 540.141 the District is required to have a conservation plan that is implemented. It is not urgent, but for sustainability of our basin we will need to address this issue.
    Ken also addressed the Emergency Response Plan stating that this document was not up to date. Ken stated that he could spend quite a few hours on this or just spend a few minutes on it and change the names and numbers and the consensus of the board was to just update the names at this time.
    
    Ken then mentioned an Operations/Facilities Plan. He explained by mentioning the failure of well #31 and how staff determined to utilize well #29, which took a few days; but it was accomplished without having to treat as an emergency project. Ken also mentioned that the District did not have maintenance management system nor GIS and mapping system plans in place and that we should look at these during the next budget session along with hiring personnel to manage these plans.
    
    10. General Manager’s Report
    
    Ken had included a written report informing the Board of meetings and presentations and of the failure of well #31. Ken also stated that there would be a well #31 rehab walk through on 1/19 and a bid opening on Thursday, 1/20. Ken further stated that the request for RFP’s for the secondary should be received by January 28th and that there would be a meeting on Friday, 1/21 at the District offices for questions and answers.
    
    Ken also stated that we had received our OPD electricity bill for the secondary booster system and, although the secondary system was down five days in December, it seems we will be saving approximately $1,400 per month.
    Ken then informed the Board of meetings with SNWA and different dams constructed in the Las Vegas Valley that he saw and that he will visit St. George escorted by Bowen, Collins and look at other dams in that area tomorrow, 1/19.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 5:48 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-01-18 (.pdf 23.K)
  - 2011-01-04: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 4, 2011
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on January 4, 2011, at the Virgin Valley Water District Office at 5:00 p.m. Attending were Board Members Karl Gustaveson, Mark McEwen, Ted Miller and Sandra Ramaker. Board Member Kenyon Leavitt was not present, but participated by telephone for the first five items. Also present were Kenneth Rock General Manager, Bo Bingham District Council and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Board Member Karl Gustaveson called the meeting to order at 5:05 p.m.
    
    Mark McEwen offered a Prayer and Sandra Ramaker led the pledge.
    
    Public Comment: Bob Frisby with the Beaver Dam Water Company commented on item #6 on the agenda and passed out a Decision and Order No. 40-700494.0000 signed by Herbert R. Guenther, Director Arizona Department of Water Resources, to all the Board Members. Mr. Frisby stated his opposition of the Board approving item #6.
    
    Also stating their opposition to item #6 was Steve Starset of Virgin River Communities, David Young of Beaver Dam and Nikki Stoddard also of Virgin River Community Board.
    
    Travis Anderson of Bulloch Brothers Engineering commented on item #5 and stated that he was saddened to see that a local engineering firm was not contacted to provide a statement of qualifications and considered for engineering professional services for the VVWD.
    
    John Paul, former President of the VVWD Board of Directors, wished everyone well in the new term.
    
    1. Oath of Office to Re-Elected Board Member Ted Miller and newly elected Board Member Sandra Ramaker (re-elected Board Member Kenyon Leavitt will take and sign his oath of office on Wednesday, January 5, 2011.)
    
    Notary, Mary Johnson, administered the Oath of Office to Ted Miller and Sandra Ramaker.
    
    2. Elect Officers
    
    Ken Rock opened this item for nominations.
    
    Karl Gustaveson nominated Kenyon Leavitt for Secretary-Treasurer. Mark McEwen seconded this nomination and it was unanimously carried (4-0) with Kenyon Leavitt accepting the nomination.
    
    Sandra Ramaker nominated Karl Gustaveson for President. Ted Miller seconded this nomination and it was carried unanimously (4-0) with Karl accepting the nomination.
    
    Karl Gustaveson nominated Mark McEwen for Vice-President. Ted Miller seconded the nomination and it was unanimously carried (4-0) with Mark accepting the nomination.
    
    Discussion: Board Comments – Sandra Ramaker thanked the people of Mesquite for electing her to the VVWD Board of Directors.
    
    President of Board Comments – Karl Gustaveson stated that he was excited to have Sandra on the Board and looking forward to the next year.
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the consent agenda as listed below. Mark McEwen seconded this motion and the motion passed 4-0 with Sandra Ramaker abstaining.
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve of Minutes from 12/21/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $521,406.04
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Public Hearing on the intent of the Governing Board of the VVWD to issue general obligation revenue supported refunding bonds
    
    Ken stated that this item was part of the process authorizing the recall of the 2001 Bonds and calls for a public hearing. If there is no public comment, the public hearing is just closed. Karl asked for any public comment from the public and/or board and there was none.
    
    5. Consideration to approve open agreement for professional services as needed with Bowen, Collins & Associates
    
    Ken began by stating that it was true that we could get statement of qualifications from qualified firms for this, but Ken is suggesting Bowen, Collins & Associates (BCA) for this because they are currently working on our Master Plan, and Rate Study and feels they may have a leg up on incidental engineering services. Ken suggested no more than $30,000/annually, but if any project would be over $10,000 he would come to the Board first for approval.
    
    Karl informed the public that the District was not required to go out for bids for professional services. Mark stated that he believes it behooves us to use BCA, but that he also agrees with Travis with BBE and that we should include everyone in the future when it is appropriate, but doesn’t feel that this is one of those times when the District needs to go out for statements of qualifications. Kenyon stated that his concern was that he didn’t want anyone to think that the Board was showing favoritism to any one company and also questioned if this is not for any particular project, why would we need a contract. Ted questioned if we had a project for $3,000, would that automatically go to BCA and Ken stated, not necessarily. Ken further explained that having been a consultant in the past, it is helpful to have a firm such as BCA on contract if he would need something done quickly, an opinion on a drawing or design or to have representation at meetings, etc. when required; especially with the District not having an engineer on staff.
    
    Travis Anderson with BBE questioned if they would be reviewing improvement plans that they had designed and Ken stated that no, they would not review their own plans.
    
    Bo stated that a lot of the comments have been about the scope of services to be provided and it is not spelled out specifically in the contract and feels that it might be helpful in a legal standpoint to define what the scope is. Bo further stated that the word “open” was used in the agenda item and he is having some discomfort with the wording from a legal standpoint. Bo also commented on the terms of the contract and strongly advises the Board to consider revising Section 5 talking about indemnification where the District is to indemnify and hold the engineer harmless in a variety of situations, which he doesn’t feel are appropriate. Bo further stated that there is a portion in Section 9 that states ownership of all the documents would be BCA and depending on what they are doing, the Board may have a concern with this and may want to own the documents and be able to provide the documents to other engineers, contractors, etc. Bo further stated that revisions to Section 10A (indemnification), Section 11A (Utah laws govern should state Nevada laws will govern) and Attachment A should provide some type of scope of services.
    
    Karl stated that maybe this needed to be reviewed by legal counsel and brought back at a later date certain for Board approval.
    
    Kenyon had to disconnect from telephone participation at 5:45 p.m.
    
    Bo further stated that if the Board so chose, they could go forward with the contract subject to revisions by legal counsel. Ken stated that he was okay with revising and bringing back for approval since there was no hurry.
    
    Sandra Ramaker made a motion to table this item until the first meeting in February with legal counsel making assessments and changes to the contract as discussed. Ted Miller seconded the motion and it was unanimously carried. 4-0
    
    6. Discussion & Possible Action – Consideration to revise contractual relationship with Wind River Resources, LLC/aka Canyon Creek Resources, LLC
    
    Ken had provided a memorandum in the packet with challenges, possible public service factors, and questions to the Board and the original and amended contracts with WRR. Board discussion ensued regarding this item. Bo stated that the current contract was for 50 years, but that the contract could be terminated if WRR goes and applies for an export permit and getting all the authorizations from the state of Arizona and they fail to do that, then they can appeal that. If they appeal that and lose that appeal, then the contract is terminated; it is essentially rescinded and it is as though there was never a contract and both parties go their separate ways without any further liabilities or obligations.
    
    There was further discussion regarding the contract and the agenda item as written and what would the revisions be to the contract. Bo answered stating that we cannot revise the contract unless the Board was so inclined to do so; second, technically WWR needs to make an assignment of their contractual obligations, rights and responsibilities to this new entity, Canyon Creek, which hasn’t happened; but if all of this came together and the District wanted to, they could modify the contract, but there is no obligation to do so. There was further discussion and until WWR does their due diligence in Arizona, we cannot do anything with the contract. The Board further emphasized that they do not want to be part of this aggressive business plan.
    
    Bo offered some additional information after speaking with Bob Frisby, but also stated that he has not independently confirmed this, but Bob stated that WWR lost the lawsuit, the case was dismissed and the time for appeal has lapsed. If all this information is correct and can be confirmed, the contract is rescinded. Bo further commented that he believes the GM is attempting to look at all the options out there and if there was a win-win situation out there, it could be explored.
    
    Mark McEwen made a motion to table this item until District’s attorney and general manager do the research to find out whether the contract has been rescinded or voided based on any of the legal activities in Arizona and bring this item back at that time. Additionally, if it is found that WWR have failed to appeal and we determine that the contract is dead, legal counsel should try to legally notify WWR, Canyon Creek Resources and their legal counsel by drafting a letter to determine if they legally agree with the District’s assessment of the contract. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    7. Discussion – Presentation on the diversion of water on the Virgin River – Presentation by Ken Rock & Aaron Bunker
    
    Ken delivered a power point presentation with photographs of the diversions from the Virgin River in the Virgin Valley. Ken reviewed the surface water right allocations; what a share of water is; the lower Virgin River surface water allotments and a history of the diversions. Ken further reviewed the locations of diversions in the Virgin Valley and supplied information associated with the diversions resulting from recent flooding and what may be expected with future flooding and actions that may be optimized.
    
    8. Discussion & Possible Action – Approval requested for up to $5,000 for helicopter service to access and read all mountain top rain gauges and to fly over the Virgin River to photographically record the percent of tamarisk removed by the December 2010 flooding
    
    Ken stated that normally in October of each year the Hydrologist uses helicopter services to access the mountain-top rain gauges. This is a budgeted item and helicopter services have not been utilized this budget period. The cost is approximately $1,500 more than budgeted, since Ken would like to incorporate documentation of the percent of tamarisk removed by the December 2010 flooding. This information will also be helpful with the Habit Conservation Recovery Plan. At this time, it is inaccessible because of the snow.
    
    Ted Miller made a motion to approve up to $5,000 for helicopter service to access and read all mountain top rain gauges and to fly over the Virgin River to photographically record the percent of tamarisk removed by the December 2010 flooding. Sandra Ramaker seconded the motion and it was unanimously carried. 4-0
    
    9. General Manager’s Report
    
    Ken had included a written report with significant events since his last report and explained that most of his time has been spent on field visits and meetings regarding the recent flooding.
    
    10. Public Comment
    
    John Paul stated that it is reassuring to him to sit in the back and how satisfied he is that the Board takes charge and that the general manager seems fully open.
    
    11. Adjournment
    
    President Karl Gustaveson adjourned the meeting at 6:56 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2011-01-04 (.pdf 30.K)
- 2010
  - 2010-12-21: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 21, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 21, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:00 p.m.
    
    Mark McEwen offered a Prayer and Kenyon Leavitt led the pledge.
    
    Public Comment – Mayor Holecheck thanked John Paul for his service on the Board and felt encouraged with the District’s new GM and working together with the City in the future.
    
    Randy Tickner commented regarding the Oasis water sales to the VVWD and stated that they felt it was important to keep the shares in the Virgin Valley and not farm it out to different entities and that is why they sold the shares to the VVWD and implored the Board to keep the water in the Virgin Valley. Randy also stated that the Board should consider longer term leases for water shares as they become available.
    
    Tim Colbert representing Pulte Homes asked to read a statement on behalf of Pulte Homes and Conestoga Golf Course regarding the District’s available 87 MIC shares and stated that they were not interested in leasing these shares under the current terms. Mr. Colbert further stated that they would be willing to lease these shares from the District if a long term lease was available and that they approved of the comments made by other golf course representatives.
    
    Bob Shively commented on the VVWD’s process of decision making and feels further education is required.
    
    Discussion: Board Comments – Ted Miller stated that this was John Paul’s last meeting and handed John a card and check and offered sincere appreciation for John’s service on the VVWD Board of Directors on behalf of all the Board Members and staff.
    
    President of Board Comments – John Paul issued a “thank you” to the Board, staff and citizens and feels that the District is heading in the right direction. John further stated that he knows that there will be tough decisions to make in the future and he has the highest confidence in the District’s Board and its new member going forward with their decisions.
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 12/7/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for September 2010
    
    4. Discussion & Action – Approve Bills Paid - $182,323.70
    
    5. Discussion & Action – Approve to Write Off Delinquent Accounts - Account 6130.4 in the amount of $34.21
    
    ** End of Consent Agenda**
    
    6. Discussion – Presentation to VVWD Board by Canyon Creek Development on their latest developments toward groundwater production from the Mormon Wells, Arizona area – Requested by Canyon Creek Development
    
    Gary Williams, Operating Manager of Canyon Creek Resources, LLC presented a power point presentation regarding water issues as they see them; their objectives and how to meet these objectives; the regional needs; a bio of Canyon Creek Resources, LLC; water resources; pictures of the area; proposed regional solution; benefits to region; a five step action plan; answers to why would the ADWR grant an export permit; and what they are asking of the VVWD and other entities as partners in this joint venture.
    
    Mr. Williams asked for questions and comments. Wade Poulsen, General Manager of LCWD, commented that Mr. Williams had stated that VVWD would be servicing Lincoln County and Wade stated that Lincoln County was in the LCWD service area and would like to be included in any discussions regarding this presentation and servicing Lincoln County.
    
    7. Discussion & Possible Action – Consideration to amend and/or modify District’s parameters established for leasing of irrigation water shares owned by the District
    
    Ken began by reviewing the current parameters and thought the Board may want to entertain longer lease periods and Ken’s opinion is that this would be safe to do for a while since there are no definite plans for a secondary system. There continued to be discussion regarding the current parameters and what changes may be appropriate.
    Karl commented that he felt that after the last meeting there was a misunderstanding regarding his and Mark’s comments of the “water going down the river” and explained the comments and how the water is going down the river without the District receiving any lease income from irrigation shares owned by the District.
    
    Ted commented that golf courses need long term leasing because of financing.
    
    There was further discussion regarding irrigation shares owned by the District and not being able to utilize 60% of these shares; short-term and long-term possibilities for these shares; the study to be completed and possibility of tying up the shares; and other options for the irrigation shares owned by the District.
    
    The item was opened up to the public.
    
    Carl Alfano commented that he felt golf courses were important to the community and thought it was very important that the golf courses be able to lease irrigation shares for a longer period than one year.
    
    Bubba Smith commented that the water should stay in the valley and apologized for his actions as a board member at that time when the parameters were set and tying up the current members and their inability to lease the District’s shares for a longer period of time for one year. Bubba further stated that there was time and the Board should decide who the most beneficiary users are.
    
    Tim Colbert wanted to make one point of clarification regarding it having been alluded to in some of these meetings from individuals outside of Pulte Homes in forums such as this that Conestoga Golf Course has a short-term water issue and nothing could be further from the truth. Mr. Colbert further stated that Conestoga has both short-term and long-term water plans for the Conestoga and is in no way shutting down the plan on being a long part of a beautiful community and that Pulte Homes will speak on behalf of Pulte Homes and Conestoga Golf Course.
    
    Randy Tickner commented that he felt the District could lease shares longer than one year.
    
    Tim Hacker, City Manager, commented on the City’s distribution system for re-use water; the economical problems and possibilities; and future possibilities.
    Kenyon thought that maybe the City could lease water from the VVWD and run it through their system and further discussion ensued regarding this and secondary water storage.
    
    Ryan Wheeler with Forsgren Engineering commented that this was a puzzle and that his engineering firm would love to work on and mentioned some different options that may be possible.
    
    Mark McEwen commented that the parameters needed changing, but questioned how soon.
    
    Ken stated that nothing would happen within five years so we could extend our leasing to 3-5 years; he also suggested pricing options and this was further discussed.
    
    Mark McEwen made a motion that we do modify the parameters but to table this item until the first meeting in March, which would be March 1, 2011. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to allow for the one-time lease of 87 shares of MIC water that is currently surplus to local or outside bidders
    
    Karl Gustaveson made a motion to table this item to March 1, 2011 in combination with item #7. Kenyon Leavitt seconded this motion and it was unanimously carried.
    
    9. Discussion & Possible Action – Consideration to request for proposals to create a Geographic Information System (GIS) data base for the District’s below-ground resources. No costs other than administrative would be incurred without Board review and approval
    
    Ken stated that he had attached a memorandum explaining why this idea has merit. Ken’s memo explained that the District’s assets are recorded on scattered paper maps and the collective memories of employees; the District is at risk of losing our institutional knowledge when senior members retire; and the District also lacks a preventive maintenance program.
    
    Kenyon Leavitt stated that he agreed with the need, but questions the costs, especially since it is not in the budget. Kenyon feels that this item should be put on as a budgeted item and look at all costs that would be associated. He understands the importance, but feels that we should be careful on spending more money at this time.
    Ken stated that it would not cost the District anything to request proposals. Kenyon explained about the District going out for proposals for a new building and the “heat” they received from the firms who submitted proposals, whose costs to them were considerable, and then the Board decided not to move forward with a new building. Kenyon further stated that it is hard to justify this expense when it is not budgeted for, and we just had a 36% rate increase.
    
    Mark stated that Ken has many new and good ideas, but with our situation, we cannot afford and also feels that this should come up with the budget process.
    
    The Board asked Ryan Wheeler with Forsgren if he would be willing to put together a proposal without any commitment to continue with the project. Ryan stated that the District would surely receive proposals if requested, but he agreed with Kenyon’s remarks and the Board should budget the item first.
    
    Sandra Ramaker commented that a maintenance program is a necessity and without this plan, it is costing the District money.
    
    Kenyon Leavitt directed staff to incorporate the GIS program in the budget process.
    
    10. General Manager’s Report
    
    Ken had included a written report with significant events since his last report. Ken further mentioned that collaborative work and information seems to be aligned so that we can put together a program that simultaneously improves Virgin River habitat for endangered species while providing for better and more reliable access to river water for our constituents. The City, Fish & Game, ACOE and BOR will be working with us to refine these ideas.
    Ken also informed the Board that we had submitted our final request for reimbursement from the ACOE and should receive the rest of the available grant money.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-12-21 (.pdf 27.K)
  - 2010-12-07: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 7, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 7, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt was not present, but participated by telephone for the first few items. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:04 p.m.
    
    Karl Gustaveson offered a Prayer and Mark McEwen led the pledge.
    
    Public Comment – Robert Fuller, CFO of Wolfcreek Golf Club, and on behalf of the golf course community, wished to extend a thank you to Ken Rock for his leadership and helping to pull the joint meeting with the City of Mesquite and their efforts in looking for a water solution for the community. Rob further stated that he realized that it was not the District’s charter requirement to make sure that the golf courses have water, but he also sees that as an elected board, they should place the publicly owned water shares to the most beneficial use for the community.
    
    Discussion: Board Comments - None
    President of Board Comments – John Paul apologized for his phone not working well at the last meeting and it dying out.
    
    CONSENT AGENDA:
    
    John Paul stated that items #8, #9 and #10 should be reversed in order and that item #10 should even be pulled completely off the agenda. Bo stated that the board may consider pulling item #5B off the consent agenda also, since it is over $50,000.
    
    Ted Miller made a motion to approve the consent agenda as listed below with items #8 and #9 reversed; item #10 pulled from the agenda completely; and item #5b pulled from the consent agenda. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Items #8 & 9 reversed; item #10 removed from the agenda; and item #5b pulled off the consent agenda
    
    2. Discussion & Action – Approve Minutes from 11/16/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for August 2010
    
    4. Discussion & Action – Approve Bills Paid - $959,924.73
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    a. USA Bluebook - $3,300.00 – Handrail for Shop
    
    6. Discussion & Action – Approve moving the proposed workshop for review, revision and modifications to the District’s Operating Rules, Regulations & Rates and Administrative Policy, Rules & Procedures manual from January 18, 2011 at 3:00 p.m. to January 20, 2011 at 9:00 a.m. The workshop may require several hours. If so, lunch will be provided to Board members
    
    7. Discussion & Action – Approve moving the proposed workshop on February 1, 2011 at 4:00 p.m. with Draper & Gleave, LLC to compile a list of accounting tasks desired by the District to January 18, 2011 at 4:00 p.m.
    
    ** End of Consent Agenda**
    
    5. Discussion & Action – Approve Purchase Orders over $2,500
    b. Subsurface Technologies - $50, 745.00 – Aqua Gard Treatment of wells #31 & 33
    
    Bo stated that Aaron had done a great job putting together support material for this item and explaining why it was needed, but Bo has concerns regarding NRS 332.115, which amounts over $50,000 must go through a specific bidding process. Bo stated that there are exceptions to this; if it is a sole source item or a professional service, and Bo’s understanding is that this is a patented item and would only be available through a sole source and could also qualify as a professional service, so he felt that it does comply with NRS and feels the Board could pass this item. Aaron explained to the audience what the Aqua Gard Treatment was used for.
    
    Mark McEwen made a motion to approve item #5b for Subsurface Technologies not to exceed $50,745.00 for Aqua Gard Treatment of wells #31 & 33. Ted Miller seconded the motion and it was carried unanimously. 5-0
    
    9. Discussion & Possible Action – Consideration for approval for the General Manager to issue a request for proposals (RFP) for the development of a reconnaissance level study for long-term secondary water utilization in the Virgin Valley. The tentative proposals presentation date would be February 9, 2011
    
    Ken began by stating that we have talked about this a few times since November and that this will not likely solve all the issues; or a resolution to the shorter term issues, but because of impact and costs, he feels that an outside observer may set us on the right path. Ken further stated that by going out for an RFP we would get the broadest set of opinions on what might be the most appropriate courses of action before we even award the work. There was discussion regarding costs, the scope of reconnaissance level study, stakeholders and funding.
    
    Bo wanted to point out that this Board, from his understanding, has not really discussed who the stakeholders are in this matter. Bo noticed that there are some potential stakeholders listed in the memo to the Board from Ken, and wanted to state that the VVWD Board will certainly comply with NRS 100, including the authorized service area of the District, and Bo wanted it known that if the VVWD staff and Board begin to “formally” talk about stakeholders, that they comply with NRS 100 and do not overstep any bounds.
    
    There was further discussion whether to establish a committee first or go out for an RFP first; who the stakeholders might be; the stakeholders’ commitment and costs to the project; and if the VVWD should take the lead.
    Ken stated that one of the reasons he was pushing this was the City and the Fish & Wildlife (F&W) people are working with us on the Habitat Conservation and Preservation Plan for the river. As part of that, we will need to decide what it is we are going to be doing to preserve the river. There was further discussion regarding Ordinance IV money, BOR grant, timeframe, forming a committee and other funding possibilities.
    
    Kenyon had to disconnect from the telephone at 5:40 p.m.
    
    There continued to be a lengthy discussion regarding diversion points; conservation; the District’s investment of $13.4 million in surface water rights; the water just going down the river; ways to access and use the water; and the District’s current fee schedule and possible changes to these fees.
    
    Ted Miller made a motion to approve that the General Manager issue a RFP for the development of a reconnaissance level study for long-term secondary water utilization in the Virgin Valley. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    8. Discussion & Possible Action – Consideration to commit $30,000 to the sole financing of the initial reconnaissance level study for long-term secondary water utilization in the Virgin Valley, or propose a cost-sharing method
    
    Mark stated that we needed to do something because the water was just running downstream now.
    
    Mark McEwen made a motion to commit $30,000 to the sole financing of the initial reconnaissance level study for long-term secondary water utilization in the Virgin Valley.
    
    Karl stated he would like added to the motion that we would seek possible funding and/or assistance if we moved ahead with any further development.
    
    Mark McEwen withdrew the first motion and made another motion that the VVWD commit to some amount, not to exceed $30,000, to the sole financing of the initial reconnaissance level study for long-term secondary water utilization in the Virgin Valley and that, additionally, if any future funds need to be spent, that we seek a sharing of those funds; either through grant money or through the money that any major stakeholder can contribute to that. Karl Gustaveson seconded this motion and it was unanimously carried. 4-0
    
    11. Discussion & Possible Action – Consideration to lift on a case-by-case basis, with Board approval, the VVWD prohibition for the lease of surface water shares for water used outside the Virgin Valley
    
    Ken began by stating that there was a memo attached with this item and that the District again went out for auction this morning of 87 Mesquite shares and 35 Bunkerville shares. The 35 Bunkerville shares were leased again for another year for $300 per share, but the Mesquite shares again, went un-leased. Ken further stated that we were still holding 87 Mesquite shares that were just going down the river, but that we may be able to lease this water to SNWA, but Ken has not had dialogue with SNWA to confirm or deny this.
    
    Item opened to public with Rob Fuller stating that the golf courses would like to lease the District’s water, but leasing only on a year to year basis is hard to conform to. Robert “Bubba” Smith commented that the Conestoga Golf Course’s lease would expire shortly and that they were looking for 130-140 irrigation shares and 87 shares would not satisfy their requirements. Bubba further stated that there are needs for the irrigation water out there and he feels that the State Engineer meant for this water to service the Virgin Valley and he feels that the board should find out what the best use of the irrigation water is for the Virgin Valley and not lease to SNWA.
    Ken stated he would like to see the District getting something for the water in lieu of letting it just go down the river and that the Board has the option of leasing for a longer period than one year.
    
    Bo stated that if the Board were going to consider lifting that prohibition, according to Chapter 100 of NRS, the Board is required to make a specific finding that there is a surplus of water and Bo stated this must be mentioned in the motion.
    
    Karl Gustaveson made a motion to table this item until the next meeting, December 21, 2010. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    12. Discussion & Possible Action – Approval of a Resolution of Intent for refinancing the 2001 VVWD General Obligation (limited tax) Water Refunding Bonds (additionally secured by pledged revenues) in the maximum principal amount of $4,100,000
    
    Ken stated that Marty Johnson with JNA Consulting was unable to be present, but felt that with the materials he and Kendra put together, that the Board would be able to act on this.
    
    Karl Gustaveson made a motion to approve 2010-05 Resolution of Intent for refinancing the 2001 VVWD General Obligation (limited tax) Water Refunding Bonds (additionally secured by pledged revenues) in the maximum principal amount of $4,100,000. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    13. General Manager’s Report
    
    Ken had included a written report in the Boards’ packets. Ken further stated that it has been an interesting period and that he has been working with the City planners and F&W and that a considerable amount of time has been spent on the secondary water resource use. Ken further stated that we had found examples of corrosion to copper piping in our system and had an example available for the Board’s examination. Ken also reported that we had run well #32 for the month of October to get a feel for what it would produce and costs associated. The well produced 900 gpm, but cost $32,465 in power charges, while well #33 only cost $10,300 to run for the month of November. Ken feels that the District would save money by moving ahead in getting bids/proposals to proving out the well and equipping it with the proper size motor and pump.
    
    14. Hydrologist’s Report
    
    Aaron had included a proposed task list as of December, 2010 in the Boards’ packets. Karl questioned if insurance would help cover the transducer that was stolen at the shallow monitoring well at Riverside. Aaron stated that he had drafted this list at the request of Ken and reviewed the list with the Board by project, why, how, benefits, time frame and approximate costs.
    
    15. Public Comment
    
    Sandra Ramaker suggested that the Board consider longer leases than one year.
    Bob Shively also commented that it was pleasure sitting through this meeting and that the District seems to be making great strides towards positive things.
    
    Wade Poulsen stated that in the VVWD last meeting it had been suggested that LCWD have a presentation for the VVWD in servicing the Lincoln County Land Act and he had taken this suggestion to his board, but that they would rather wait until after the New Year when they would have two new board members put on the LCWD Board. Wade’s Board would also like to see some informal meetings and discussion between the general managers.
    
    16. Adjournment
    
    President John Paul adjourned the meeting at 6:58 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-12-07 (.pdf 31.K)
  - 2010-11-16: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 16, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 16, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were Vice-President Karl Gustaveson and Board Members Ted Miller and Mark McEwen. President John Paul and Secretary-Treasurer Kenyon Leavitt were not present. John Paul participated by telephone for a few items. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Vice-President Karl Gustaveson called the meeting to order at 5:00 p.m.
    
    Mark McEwen offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – Robert “Bubba” Smith thanked the District for their participation in last week’s meeting, but he commented that even in good financial times he has not been one to go out for consultants to do studies. Bubba stated that he was very impressed with the skill level and the amount of information provided by the District within house and other entities, and he believes that we have the quality and skill sets to move forward in the short interim basis. Consultants may be required further down the road, but he feels that at this time, no consultants should be required.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller made a motion to approve the consent agenda items 1-7 as listed below. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 11/2/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for July 2010
    
    4. Discussion & Action – Approve Bills Paid - $372,522.80
    
    5. Discussion & Action – Ratify Approval of Purchase Orders Over $2,500 for Arsenic to be reimbursed 75% by ACOE
    
    a. Tradewest Construction - $92,353.68.00 – Arsenic/prepare and pave road from Highway to Plant 29
    
    b. Alford, Inc. - $220,239.36 – Arsenic/Re-grade and install asphalt on access road to Plant #32
    
    c. Legacy Construction - $8,190.00 – Arsenic/Plant #32 grade and place 3” type II on 12,600 SF inside gate
    
    d. Legacy Construction - $17,962.56 – Arsenic/Plant #32 sub-grade and place 3” type II around tanks
    
    e. Legacy Construction - $10,260.00 – Arsenic/Plant #32 sub-grade and place 3” type II between buildings and tanks
    
    f. AUMA Actuators, Inc. - $9,890.00 – Arsenic/Treatment plant materials
    
    g. Hach, Inc. - $20,139.04 – Arsenic/Treatment plant materials
    
    h. Mid-West Associates, LLC - $44,038.20 – Arsenic/Treatment plant materials
    
    i. Tiberti Fence Co. - $3,760.00 – Arsenic/Replace gate motor at Plant #32
    
    6. Discussion & Action – Approval of a proposed workshop on January 18, 2011 at 3:00 p.m. for review, revisions and modifications to District’s Operating Rules, Regulations & Rates and Administrative Policy, Rules & Procedures Manual
    
    7. Discussion & Action – Approval of a proposed workshop on February 1, 2011 at 4:00 p.m. with Draper & Gleave, LLC to compile a list of accounting tasks desired by the District
    
    ** End of Consent Agenda**
    
    8. Discussion & Action – Approval of Purchase Orders over $2,500 for 18” emergency line repair
    
    a. Tradewest Construction - $35,000 plus time & materials for extra work – Ratify approval of 18” emergency line repair
    
    b. Pride Contractors and Legacy Construction – Approval in principle of invoices for damage repair due to flooding from line break
    
    Ken stated that we added to the scope of work when we found out that not only was the 18” line separated and damaged, but when the hole was washed out while the water was escaping, the pavement dropped on the lines next to it and also bent the connections between the valves and pipes so there was some extra work. We received a bill for $16,704.89 from Pride, which includes Legacy’s costs. We also got a bill from Pride Construction and we were billed $1,226.81 for repairs at Mesa and Eureka entrance for the 8” waterline break.
    
    (John Paul’s telephone connection was lost)
    
    Ted Miller made a motion to approve purchase orders over $2,500 for 18” emergency line repairs submitted by Tradewest Construction and Pride Contractors, which includes Legacy Construction and invoice yet to be sent for extra work from Tradewest Construction. Mark McEwen seconded this motion and it was unanimously carried. 3-0
    
    (John Paul was called back)
    
    9. Discussion & Possible Action – Consideration of a potential change to District’s Operating Rules, Regulations & Rates policy to allow for the transfer of a meter from one property to another
    
    Karl stated that our attorney had looked into this and he would let Bo explain. Bo explained the Board’s current policy of not allowing the transfer of meters; but that he had also put together a list of items or criteria/parameters that would allow the transfer of meters if the Board chose to amend policy and allow this in certain circumstances. Bo stated that the first requirement would be a title report. The owner/developer requesting the transfer must provide the District with a title report for the property where the water meter is presently located so the District can confirm ownership of the property. The second requirement would be the owner’s authorization. If the person requesting transfer is not the owner of the parcel, the person requesting the transfer must provide the District with the property owner’s written consent to the removal of the water meter from the owner’s property. The third requirement would be the cancellation of building permit. The person requesting transfer must provide the District with written documentation verifying that any building permit issued for the property where the meter is located has been terminated, cancelled or rescinded or has expired. The fourth requirement would be the payment of transfer fees. The District should charge the person requesting the transfer a fee which will cover the District’s expenses for transferring and relocating the water meter, including outside labor and administrative costs.
    Bo also had included criteria to refund Ordinance II fees whereas the person requesting a refund of Ordinance II fees must provide a title report; provide documentation verifying that the property where fees paid has reverted back to raw acreage; and retention of a portion of fees. However, the matter to be discussed tonight was the transfer of meters.
    
    There was further discussion how this item would work if the Board decided to change policy, but it wouldn’t be on paper before looking at item #10. Bo explained that whatever the Board’s decision, it would be effective as of this date, and putting it on paper in a policy could theoretically be done at any time; and this contractor or any other that wanted to move a meter could do so if they meet the criteria the Board sets.
    
    There was discussion regarding fees for moving impact fees, but the meter fee has not been paid; property being taken down and made a parking lot or other use where a meter is no longer required, and what happens with those meters. Mary stated that in the case of property being taken down and a meter is no longer required; the owner would pay a locked meter fee and when a use came up for that meter later, they would have that meter available for the new location. Bo further stated that his handout only mentions the “transfer of meters”, but all the parameters for transferring in this situation would also apply to impact fees; but if there is no meter installed, there should only be an administrative fee, in lieu of the proposed $200 for actually moving a set meter.
    
    Mark asked Mr. Graves if there was a time-frame he was looking at since this matter began over a year ago and has been tabled a few times. Trent stated that he may want to do this sometime before January. Mark stated that he wasn’t quite sure he was comfortable with this yet and thought that there were too many questions to be answered. Mark further stated he would like to see a policy before actually adopting different Rules & Regulations. Karl stated that we could adopt the
    changes presented and there would only be a question of what fees would be. Bo stated that he had only looked at the legal issues and the Board only needed to decide what fees they wanted to charge. Ken stated that he thought the Board could make a motion and change the policy and then it would be incorporated into the Rules & Regs after the workshop and meeting to be in January.
    
    Mark McEwen made a motion to propose a change to the District’s operating Rules & Regulations in reference to the transfer of meters and impact fees and that we direct legal counsel to draft a policy including any appropriate fees the District needs to charge for our costs and to incorporate this at the scheduled workshop in January. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    10. Discussion & Possible Action – Consideration to approve request by Advanced Construction to transfer impact and connection fees from Calais lots 1083 Falcon Nest and 1035 Raptor Circle to other locations to be specified
    
    Bo stated that the Board would have a standing policy sometime in February that would apply to Advanced Construction’s request; but that the Board may ask Trent if he had anything further to add to this item before moving on. Trent stated that he would like to see the criteria.
    
    No action was taken.
    
    11. Discussion & Possible Action – Consideration to approve proposal from Bulloch Brothers Engineering for design services requested by the District for improvements to help protect the distribution system from destructive high pressure surges and to add a valve to better isolate sections of the piping for maintenance and repair and to correct a drainage erosion problem for a total proposed fee of $19,500 – Presentation by VVWD General Manager and Bulloch Brothers Engineering
    
    (John Paul’s telephone connection was lost)
    
    Karl first commented that some of these issues were brought up by employees stating that this could happen and it did. Ken distributed handouts and presented a slide show illustrating the 18” line separation and the damage caused on 11-2-10; proposed system protections; and the 8” line corrosion failure on 11-11-10. Ken then introduced Travis Anderson with Bulloch Brothers Engineering (BBE).
    
    Travis asked if there were any questions and then continued with his presentation.
    
    Travis had broken out the proposal into sections where they deemed necessary, in that, if the Board thought something was not as critical, they would not have to approve that section(s). Travis stated that he had spoken with staff and received their input as to what they would like and he was
    informed that some of the pressure relief valves higher priced items are currently in stock at the District facilities; also there was coordination time between the City and Regional Flood Control.
    
    Ken stated that the drainage protection at Well #32 was the most expensive; the money needed for these improvements would come from the District’s reserves; and felt that the pressure relief valves were the most pressing project.
    
    There was further discussion regarding costs compared to completing the project now or having more failures and having to pay for repairs later. Ken stated that he would like all four of these projects bid out separately and if #4 was too much, then we would not do at this time.
    
    Ted Miller made a motion to approve proposal from Bulloch Brothers Engineering for design services requested by the District for improvements to help protect the distribution system from destructive high pressure surges and to add a valve to better isolate sections of the piping for maintenance and repair and to correct a drainage erosion problem for an amount not to exceed $19,500. Mark McEwen seconded the motion and it was unanimously carried. 3-0
    
    A five minute break was taken at this point.
    
    12. Discussion & Possible Action – Review of the Draft Rate Study dated October 2010 as prepared by Bowen, Collins & Associates and consideration to approve as final – Presentation by Bowen, Collins & Associates (BC&A)
    
    Joel Andrus with BC&A began by stating that this was basically being presented tonight since the Board passed the rate increase a few weeks ago and this was just finalizing that report and giving the Board a “heads up” what BC&A’s recommendations would be in the future and hopefully allow the District to provide great service and still stay in the black. Joel continued to review the rate study with the Board and explained how they came up with the information provided. Some recommendations from BC&A are a rate increase of 36%, which has been implemented; review rates every one to two years with a comprehensive review every five years; and the District may consider setting block rates for different size meters, this being more equitable. Joel stated that additional considerations were that the District should make sure that their impact fees and Ordinance II fees are covering the costs that they should be covering and this way the cost of new development is not a burden on the existing users; capital improvement projects are critical and BC&A strongly recommends that the District begin funding a facilities replacement account.
    
    There was discussion and questions answered regarding the presentation.
    
    Don Paff asked how long before the District would be looking at an increase in rates and Joel stated that it should not be before five years.
    
    Ted Miller made a motion to accept the final draft of the rate study as presented by Bowen, Collins & Associates. Mark McEwen seconded the motion and it was unanimously carried.
    
    13. Discussion & Possible Action – Consideration to advertise for “Request for Proposals” for auditor to audit fiscal year ending June 30, 2011 – Presentation by Draper & Gleave, LLC
    
    David Waite with Draper & Gleave distributed handouts pursuant to the Board’s request for a report on the pros and cons of auditor rotation. David stated that there are no current laws requiring auditor rotation at a government, private or public level. David further stated that saving money is not one of the reasons to rotate auditors. The primary purpose of an auditor is to find risks within an entity; test that risk; and ultimately give a report that your numbers are materially correct and hopefully provide suggestions as an entity you can better run on the financial statement process side. David then reviewed the pros and cons as presented.
    
    Recommendations provided were that the District retain Hinton Burdick CPA’s to complete the 6/30/11 audit since the District is considering accounting personnel changes in 2011 and training new personnel along with having to bring on a new auditor may be too much “new” going at the same time; after the completion of the 6/30/11 audit, advertise an RFP for the 6/30/12 thru 6/30/14 year end audits; and create a scoring methodology that would be based on references, experience, price, presentation, recommendations and other factors established by the Board and management. David further stated that Morris Peacock with our current auditing firm would be willing to assist in the process of going out for RFP’s.
    
    Ted stated that the District just went through a very serious financial problem and at no time did anyone raise any red flags over the situation and feels that it is time for change. There was further discussion regarding responsibilities and duties of the District’s accountant versus the District’s auditors. Ken stated that more energy was needed for the daily accounting and thought that the Board should follow Draper & Gleave’s recommendations to wait another year before looking for another auditor. There was further discussion regarding the length of time that Hinton, Burdick has been conducting the audit; the problems incurred by the District; responsibilities; and time frame to follow.
    
    Bo stated that if the competence of the District’s current auditor was going to be discussed at the workshop scheduled in February, they would need notice in advance because under NRS we would have to give them notice that the possibility of their competence is going to be discussed.
    
    The item died for a lack of a motion.
    
    14. Discussion & Possible Action – Consideration to advertise for auction the lease of 35 shares of Bunkerville Irrigation water whose lease expires on 1/1/2011; and 86 shares of Mesquite Irrigation water that are currently available
    
    Ken commented that he has spoken with his hydrologist and City reps and feels that no change is required now regarding the leasing of shares for a one-year period.
    
    Ted Miller made a motion to advertise for auction the lease of 35 shares of Bunkerville Irrigation water and 86 shares of Mesquite Irrigation water on December 7, 2010 at 10:00 a.m. Mark McEwen seconded the motion and it was unanimously carried. 3-0
    
    15. Discussion & Possible Action – Consideration to approve revisions to emergency and one-time purchase authorizations for the General Manager currently under Resolution 2002-1 and consideration to either incorporate into Administrative Policy, Rules & Procedures Manual or to adopt as a Resolution
    
    Ken stated that legal counsel has put together a summary on this. Bo stated that NRS 332 and NRS 338, which govern the use of public funds is extremely complex. Bo would recommend, if the Board decides to keep the policy as it is, changes to the verbiage of the current resolution for legal purposes. If the Board decides to adopt a policy and change the amount to $25,000, this would be consistent with both NRS 332 and 338; both of which start at $25,000. Bo further stated that he strongly suggests a workshop or at some other meeting, go over the use of public funds in great detail so everyone understands what the parameters are and what the law requires.
    
    Ted Miller made a motion to incorporate this item for discussion at the workshop scheduled for January 18, 2011. Mark McEwen seconded the motion and it was unanimously carried. 3-0
    
    16. General Manager’s Report
    
    Ken had included a written report of the daily activities since the last meeting. Ken reported that in the workshop held 11-10-10 with the City and local golf courses it was suggested that we develop a scope of recognizance level study on the long term solutions with the City’s review; meet on February 9th with suggested responses to five-year golf course requests; and who is going to “foot the bill”. Ken suggested forming an executive committee to review proposals from consultants consisting of one member from the VVWD, one from the City, two golf course reps and one Lincoln County Highland’s rep. There was further discussion as to how this would be accomplished and who would pay for the study.
    
    Ken also informed the Board that he would like to invite Lincoln County Water (LCWD) to make a board/public presentation on two things: the values and costs of bringing Tule Desert water to Lincoln Highland’s annexations for the cost of that for equivalent residential unit per hook-up and the cost per 1,000 gallons based on 1, 5, 10, 20,000 units; and then what they have in secondary water for golf courses.
    
    17. Public Comment
    
    Morris Workman with Mesquite Local News asked about the executive committee and if it would be a public organization and would hold public meetings. Ken stated that his idea was that it would be public meetings.
    
    18. Adjournment
    
    Vice-President Karl Gustaveson adjourned the meeting at 7:55 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-11-16 (.pdf 39.K)
  - 2010-11-02: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 2, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 2, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:04 p.m.
    Karl Gustaveson offered a Prayer and Kenyon Leavitt led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Kenyon Leavitt stated that coming home from work the other day he noticed work being done on the road going up to Well #29, which didn’t concern him, because it gets bladed on occasion. He noticed a day later that the road had been paved and he was also informed that the road to Well #32 had also been paved and he did not remember this coming back to the board for approval and wondered whether it had or not. Karl stated that he remembered some discussion on this and that it was part of the money still available through the ACOE, but was not positive that it had been voted on by the board. Ken then explained that there was over $300,000 of the ACOE grant money available for arsenic treatment and projects suggested were SCADA, system improvements and also the paving that could be executed quickly. Ken further stated that there were four different contractors and that the project had been broken up into pieces. Kenyon then stated that he did remember discussion regarding this, but that he felt that bids should come back to the board and that the board awards bids to the lowest responsible bidder. Mark and Karl agreed. There continued to be discussion regarding the bids and breaking it up; the opening of bids; the timeframe of this bid; the design of the roads; permits and jurisdictions in Lincoln and Clark Counties.
    
    President of Board Comments – John Paul stated that he would be unable to attend the regularly scheduled meeting for November 16, 2010.
    
    CONSENT AGENDA:
    
    Karl Gustaveson stated that he would like item #5 pulled from the consent agenda and discussed independently.
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below with item #5 being pulled from the consent agenda and heard before item #6. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 10/19/2010 Work Session
    
    3. Discussion & Action – Approve Minutes from 10/19/10 Regular Meeting
    
    4. Discussion & Action – Approve Bills Paid - $368,994.48
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Approve employees’ Thanksgiving gift certificates & Christmas bonuses as budgeted.
    
    Karl stated that he was not advocating either way on this, but felt that it was appropriate since we have been discussing the District’s financing that it be discussed and wanted everyone’s opinion.
    
    John Paul began by stating that he was supportive of this and that this was a good thing. Kenyon stated he agreed with John Paul and that the employees worked hard all year long with little manpower. Ted stated that he also agreed with Kenyon and John Paul. Karl stated that he also felt that it was a good thing, but one of his questions was that, at this point and time, we have had some financial difficulties and we have not had to have furloughs or cut employees and just wanted this item discussed. Mark asked if this was traditional and has talked to employees and is inclined to agree with Kenyon, John Paul and Ted.
    
    Karl Gustaveson made a motion to approve employees’ Thanksgiving gift certificates of $40 at Smith’s & Christmas bonuses of $150 as budgeted. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to Approve annual audit for Fiscal year Ending June 30, 2010 as presented by Hinton, Burdick, and tabled at October 5, 2010 meeting
    
    Ken began by stating that the audit seems good and that the District received high grades for recommendations in 2009 that have been implemented and incorporated in 2010. Ken also mentioned that one of the findings is that the District does not have a fraud prevention program in place.
    
    John Gleave stated that he was assured that a rep from Hinton, Burdick would be here tonight, but no one has showed up. John stated that the audit was basically the same from the first presentation, without the “draft” across the top and that he has added the MD&A (Management‘s Discussion and Analysis), which is about the first eight (8) pages and a required part of the governmental financial statements. This analysis includes information that is not part of the regular audit. John further stated that there were some minor changes in the CIP numbers and that the last two pages were removed because they were not supposed to be part of this audit. John also stated that the District does need to implement a fraud prevention program. Ken stated that this would not be that difficult and it basically means educating the entire staff and setting up a system of checks and balances; with a reporting system in place. Ken stated he didn’t feel qualified, nor had the time, and wanted to address this in his staffing discussion. John Gleave introduced David Waite and David stated that he has written a few and that a lot of it was just in discussion and training the board. Ken further explained details that a fraud policy would contain and how important it was to have staff involved from the bottom to the top.
    
    Kenyon Leavitt made a motion to accept and approve the annual audit for fiscal year ending June 30, 2010 as presented. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to appoint District Hydrologist Aaron Bunker, as “Alternate Member” to the Sewage and Wastewater Advisory Committee (SWAC)
    
    This is just a formality since Michael Johnson is no longer with the organization; we need Aaron to take this position.
    
    Mark McEwen made a motion to appoint District Hydrologist Aaron Bunker as “Alternate Member” to the Sewage and Wastewater Advisory Committee. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion – Review of tasks initiated since August 20, 2010
    
    Ken had included a list of 12 projects that have been initiated since August 2010, specifying which items have been completed. Ken stated that #1 was incorrect in that he refers to the 2008 bond defeasement hearing on November 4 was cancelled, when in actuality, the hearing cancelled on November 4th was for recalling the 2001 Bond and that the defeasement of the 2008 bond had been accomplished. Ken stated that some of these projects and the backlog projects would require more staff time and more money in order to move it along.
    
    9. Discussion – Review of potential Bureau of Reclamation (BOR) grant assisted projects
    
    Ken had included a list of possible projects and would like the Board’s input on prioritizing these projects. Ken further stated that he and Aaron had spent some time on the phone with Pam Adams of BOR and that she was glad to see some substitute projects for the one the District axed. Ken informed the board that projects under $100,000 could possibly be fully funded; larger projects, she would require congressional support and it could take years. Ken stated that this list has merit, but not as pressing as backlog list. Karl questioned the process and Aaron explained. The board discussed the list further and the merits of different projects.
    
    10. Discussion – Review of current project backlog list
    
    Ken had also included a large list of possible backlog projects in response to Mark and Karl’s request and this item would lead into #11. Ken stated that you could classify the list in two different ways, either by a lot of staff time; or by taking a lot of money. Ken further stated that with a lot of these projects, he does not have the expertise in-house to accomplish.
    
    11. Discussion & Possible Action – Review and consideration to approve staffing organizational adjustments
    
    Ken began by stating that the current conditions show that the positives are we have good fiscal stability; we have no questionable projects under way; we’ve stopped the hemorrhaging and healing is taking place; and there are many optimizing cost saving projects identified. The bad news is the same thing in that there are many optimizing cost saving projects identified. Ken further stated that he looked at how we could most economically do that; some would be cost neutral due to previous staffing costs, but others would require hiring additional staff members. Ken wanted to look at the five different levels: 1) Accounting, 2) Conservation Specialist, 3) Maintenance System Manager/GIS Specialist, 4) Water rights increased focus, for hydrologist (Aaron Bunker), and 5) second hydrologist/scientist/engineer to shepherd projects.
    
    1. Accounting: Ken suggested a few accounting alternatives and options. Ken stated that John Gleave and David Waite have suggested a workshop to determine what the board wants in the District’s accounting process and they would be willing to assist in defining a scope of services and a proposal for their additional services; or setting up an RFP for recruiting other accounting services. There was further discussion on different options and how it could be accomplished. The board asked John Gleave and David Waite about their background, education and experience. Karl suggested having a work session with John Gleave and David Waite after the first of the new year.
    
    2. Conservation Specialist or Water Use Optimizer Specialist: Ken began by stating that Ted had asked Ken’s wife Voni, who is a Water Conservation Specialist to conduct a water audit for Vistas HOA and she went out with the landscaping crew and basically found that there were some good parts of the water being used, a lot of bad, some ugly and a lot just really sad with a lot of improvement to be had. Ken stated that Voni was willing to do a tour with reps from the Board and City and discuss what a conservation program could bring to Mesquite. There was further discussion regarding grants, mandatory conservation, education and working with the City of Mesquite. Kenyon Leavitt stated that the board previously approved for Pete and conservation training; needing to keep costs down; and that we have to sell water to make money and pay our bills. Kenyon also mentioned that when we talk about water users in the District, he only hears about what the City of Mesquite wants and that Bunkerville is also part of District and should also be included when speaking of the District and included in invitations to meetings, etc.
    
    3. Maintenance system manager/GIS specialist. Ken stated that we currently did not have a maintenance management system, preventive maintenance program and we do not have a good system to track everything in the ground. Ken feels if we combined these programs that we could eventually come up with a maintenance management program and save the District money. Ken thought that it would take a full-time person for a couple years. Ken stated that it was not urgent, but that he has seen the consequences of not doing this and waiting until the system is old.
    
    Ted had to leave at 6:45 p.m.
    
    4. Water rights increased focus for hydrologist. 5. Second hydrologist/scientist/engineer to shepherd projects. Ken stated that with one hydrologist now, he would like to change the focus and track and optimize the District’s water rights. Ken further stated that with the backlog list, we would not be able to handle with current staff and as he has thought about this, he believes an engineer may be more appropriate than another hydrologist who could act as a project manager, manage the consultants, and manages the in-house small projects. Ken has prepared a reorganization of the hydrologist department and supplied three job descriptions for a hydrologist supervisor, hydrologist I and II. He would like Aaron to be re-classified; along with the salary at that classification. The board reviewed the job descriptions and Aaron answered questions regarding his education. Kenyon stated that he had no problem changing Aaron’s job description and moving his pay to fit accordingly, but he did have a problem with hiring more people right now. There was further discussion regarding no CIP’s for 5 years, budget, financing and reexamining the projects and what we can do with the staff we have right now and hold off on the others.
    
    The item was opened to the public and Joe Macias stated that if the District hired new employees, the 36% rate increase could be seen as fluff for new hires instead of its real need.
    
    Kenyon Leavitt made a motion to have a workshop to brainstorm on our accounting needs for a date and time certain to be determined by the general manager at a future date in the new year; and also to change our hydrologists classifications as presented by the general manager and that we move Aaron Bunker to the base pay for a Hydrologist I. Karl Gustaveson seconded the motion.
    
    Ken stated that the District’s current job descriptions go from III to I, when most organizations go from I to III and he would like to reorganize this without changing pay scales.
    
    Kenyon Leavitt added to his motion that the General Manager change the job descriptions and bring back to the board for approval.
    
    Ken then stated, after looking at the job descriptions, that Aaron should be classified as a Hydrologist II and not I.
    
    Kenyon Leavitt amended his motion to state that Aaron Bunker be moved to the base pay for a Hydrologist II with an effective date of November 8, 2010 for his increase to take effect. Mark McEwen seconded the motion and the amend motion and all were carried unanimously. 4-0
    
    12. General Manager’s Report
    
    Ken had included a written report with significant events since the last report. He also informed the Board that we had received the “draft” water rate study and this would be put on an agenda at a later date for Board approval. Ken also informed the Board that John Gleave would be submitting a report at the next board meeting with the pros and cons for proposals for potentially changing the District’s audit firm. Ken also reminded the Board of the meeting scheduled for November 10, 2010 with the City of Mesquite, Bunkerville and golf course representatives.
    
    13. Public Comment
    
    There was no public comment at this time.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 7:20 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-11-02 (.pdf 32.K)
  - 2010-10-19: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 19, 2010
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on October 19, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt was not present. Also present were Kenneth Rock General Manager, Mike Chandler with Bowen, Collins and Associates and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Discussion – Issues and information regarding the water resources of the VVWD
    
    John Paul opened the meeting at 3:01 p.m.
    
    Ken stated that he and Aaron had attended a water right’s class in Henderson the last two days and they found it very helpful and informative.
    
    Ken further stated that the District had consultants and lobbyists on retainers and ready for direction. Ken has re-worked the handout from the workshop held three weeks ago and believes this will make it easier for the Board to take action, after being posted on a later agenda.
    
    #1. The Muddy Creek Formation or other non-Virgin River- influenced ground waters are the best quality potable water sources, requiring the least expensive treatment.
    
    Ken stated that item “D” under this reads “The Muddy River/Beaver Dam area” and it should just state “The Beaver Dam Wash’ has good shallow groundwater quality”.
    Decisions made at the last workshop were that the horizontal collection well project is cancelled and that because of costs and distance for a large reservoir above Arizona in Lincoln County appears impractical; we will only continue to keep the water applications active in this area at this time.
    
    There was discussion regarding SNWA and cooperative agreements perhaps in the future.
    
    #2. There is likely enough accessible groundwater for the build-out of the Virgin Valley.
    
    Ken stated that after reading a few reports on the lower Virgin River, he feels that the groundwater in Basin 222 is adequate for the VVWD.
    
    Findings are that accessing springs in the Virgin Mountains or drilling high on the bajada below these mountains may not be productive, would be expensive and has unnecessary environmental consequences. Ken believes that the District should optimize the current well and treatment capacities and focus drilling for wells on the known productive area lower on the bajada, south of the river between wells 31 and 29. Ken further believes that it may also prove valuable for servicing other Basin 222 residents; so the District should be open to service agreements, water rights, or water purchase arrangements from the Muddy Creek-influenced shallow groundwater.
    
    #3. The claims for groundwater in this area are greatly inflated and competitive rather than cooperative.
    
    Ken believes that the District should work with Randy Robison to see if the VVWD service area expands automatically with land annexed by Mesquite.
    
    There was discussion on Basins 221 and 222 regarding different counties, different States, the District’s service area and the future with respects to these basins. It was determined that if others want service by the VVWD it will be up to them to come to the District for service, but that the District may expand the area where this is possible.
    
    #4. Uses of recycled and non-potable water should be optimized to best ensure that there will be adequate groundwater for potable uses, at the least cost for development and treatment.
    
    There was discussion of secondary water and best uses for the District and its customers; and future developments should include provisions for a secondary water system and look at system deficiencies within the secondary system in Bunkerville.
    
    #5. Above and below-ground storage of water has challenges.
    
    There was discussion regarding the shallow aquifer and what options should be considered and which would be economically viable and how to incorporate them into future or possibly current developments.
    
    #6. The golf courses and sports facilities in Mesquite and the rest of the Virgin Valley are essential economic resources that should be reasonably supported for the good of the community.
    
    Discussion on the shallow aquifer, recharging with recycled water and the Secondary system, appropriate uses and the value of this meriting further exploration.
    
    #7. Combined with recycled water, there is probably enough surface water to support the ultimate build-out of the Virgin Valley, but there is not good coordination and cooperation in the use of these water rights.
    
    Suggestions were made into looking at trading VVWD’s pre-1929 with SNWA post-1929 water shares that benefits SNWA and allows for increasing VVWD’s surface water shares. There was discussion on the uses of Ordinance II and Impact fees and where the money should be spent now and in the future and also what the costs are now and what they could be.
    
    #8. It appears that previously assumed environmental impacts and costs associated with development might be re-assessed.
    
    Ken stated that we will re-assess the Virgin River Habitat Conservation Recovery Plan (VRHCRP) with U.S. Fish & Game and the City of Mesquite to make sure that the funding level and activities planned are consistent with what we now believe the area’s build-out and impact will be on the Virgin River and that this would allow us to retain an appropriate Ordinance IV fee for the Board to approve and adopt. Ken also would like Bowen, Collins & Associates to incorporate the findings from this work session into their rate study, and determine if some adjustments to the Ordinance II and Impact fees would be appropriate.
    
    #9. Integration in the forms of further buy-in, modification, coordination and adoption would be appropriate before many of these actions are begun or completed.
    
    The actions in italics in the back-up for this workshop are intended as guidelines by the General Manager and the Board’s agreement is implied unless changes are requested.
    
    Ken further stated that there would be more meetings with City of Mesquite representatives, golf course managers, various consultants, lobbyists and government agencies and opinions or findings from this work session could be discussed; and business interests would be altered by many of the suggestions in this work session.
    
    Other suggestions discussed were water conservation and education; looking at the rate tiered structure; and to work with the City in setting standards for xeriscape and lawns for new developments.
    
    Ken stated that he believes we may not have enough staff on hand to accomplish these meaningful improvements in terms of the secondary system, conservation measures, reassessing the standards, dealing with Ordinance IV fees, coordinating Ordinance II fees, working with the State Engineer and also annexing area onto our service area. Ken may need to hire more help or we would be paying more for consultants.
    
    John Paul asked if there was any direction to give to the General Manager. Karl stated that he believed that Ken had a handle on the issues and concerns, but that he would like Ken to follow up and bring back to the Board the specifics on what his plan is; what his needs will be; and what the proposed costs will be so the Board may review on a budgetary standpoint. Mark agreed that Ken should come back with a prioritized plan and present it to the Board before any further direction or action could be implemented.
    
    Karl also stated that Ken could always call a special meeting if something critical came up as long as it met posting requirements per Open Meeting Laws.
    
    President John Paul adjourned the meeting at 4:55 p.m.
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Minutes: 2010-10-19 (.pdf 23.K)
  - 2010-10-19: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 19, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on October 19, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt was not present. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:06 p.m.
    
    Karl Gustaveson offered a Prayer and Mark McEwen led the pledge.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda items 1-4 as listed below. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 9-29-10 Work Session Meeting
    
    3. Discussion & Action – Approve Minutes from 10-5-10 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $63,055.03
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to approve request by Advanced Construction with transferring impact and connection fees from Calais lots 1083 Falcon Nest and 1035 Raptor Circle to 1199 and 1190 Cold Creek Bend
    
    Trent Graves representing Advanced Construction began by thanking Bo for taking a few minutes before the meeting to explain the situation and understands that the Board will not be able to take action at this meeting. Trent feels that just stating that it is in the policy should not be a response and suggested that they could meet certain conditions and that the Board was able to change policy. Trent further stated that he has paid a $4 a month fee for several years. Trent also stated that impact and connection fees must be paid before the City will issue a building permit. Mary corrected Trent’s statement in that the owner/developer must pay the impact fees only before a building permit is issued, because of an Interlocal agreement between the City and the VVWD, but that the connection fees did not need to be paid until they were ready for a meter to be installed and that is when the monthly charge comes in.
    There continued to be a discussion regarding the District’s policy as it reads now and the responsibility of the developer, contractor and owners.
    
    Bo stated that one of his concerns was that once the water meter has been installed it is then considered a permanent fixture and attached as an improvement to the property. Bo further stated that his primary concern in this situation is not with the property owner or contractor, but with a lender that may have loaned money for this particular parcel; and even beyond that, are there other contractors or subcontractors out there that may have asserted lien rights against this property. If they have, and a meter is attached with the property, there is some legal responsibility there. Bo further mentioned that there may be other issues in regards to mapping and Nevada Division of Water Resources, but feels that if these issues could be adequately addressed, it could create a more open environment for the builders out there so that they could do what they need to do; and the board could consider something like that. Bo also stated that Karl was correct and that there are third party issues out there that the Board must also be concerned about.
    
    Ken questioned if it was possible if we had a procedure where they could pay an amount for the meter and for reinstallation at another location and they would not have the $4 a month fee; but when that location required service, it would be somewhere in the records that the meter has already been paid for at that location, but it just isn’t there and installed.
    
    There continued to be discussion regarding liabilities and responsibilities and issues that could arise or be satisfied.
    
    Ted Miller made a motion to table this item until November 16, 2010 and have legal counsel revisit this item and the Board would consider action at that time. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    6. Discussion & Possible Action – Consideration to approve a type, size and quantity of piping for future use under the new Exit 120 interchange
    
    Ken began by summarizing a few comments and stated that Mike Chandler would provide additional information. Ken stated that at a conference seminar he attended it was about RCP (rapid crack propagation). PVC pipe tends to RCP, which is when under pressure, a crack will move laterally down the pipe at a rate of 600’/second. Ken further stated that we have seen this happen within our system. There are three ways to put PVC pipe together: 1) bell and spigot, which is usually how we put it together; 2) glued joints; and 3) butt fusion welding, where they have a special machine that takes two ends of the pipe and fuses them together. A fusion weld will not stop a RCP.
    
    Another pipe, HDPE (high density polyethylene), is five times stronger than PVC, twice as much pressure resistance and almost impossible to get a RCP down it. Ken believes the HDPE pipe is much better than PVC and not much more expensive. It does require a special piece of equipment to fuse it together. Ken turned it over to Mike Chandler.
    
    Mike explained to the board and public that at the intersection south of Wal-Mart the District had a three-way branch and that the current loop coming across is a 16” pipe. This pipe does not currently follow the underpass route. One route passes under Pulsipher Wash where Pulsipher Wash passes under the freeway and the two other crossings are coordinated with drainage channels. These would cause concern with the history of flash flooding in this area. Mike informed the Board that he had spoken with NDOT, both the project manager and the financial director up in Carson City. This project is being funded by federally earmarked dollars so NDOT does not have a lot of control on matching money or helping us out financially with the project. Mike asked NDOT if we would be required to meet any NDOT requirements for casing the pipe for protection as we usually see in a major freeway crossing; but where the underpass is considered a City of Mesquite extension under Falcon Ridge Parkway, this would fall under the City’s standards. Therefore, casing would probably not be required, unless required by the City.
    
    Mike further stated that with the preliminary layout provided by NDOT, it seems that with four lanes it would not be difficult to repair the line without disrupting traffic with lines installed on the far west side. Mike stated that his other question was with financial assistance. Currently, and with the projections that NDOT has given, is that this will be a 20 to 25 million dollar project through federal funding. Mike further stated that the procurement procedure they have decided to use is a design build, where they have essentially listed five firms who will be preparing proposals and part of that is a final design.
    
    Mike stated that steps going forward would be to contact the prequalified construction firms and request the interest that this needs to be included in their proposal. Mike further stated that the State has stated that they have left it to the respondents to approach the utilities and see what they need. Mike stated that we should be pro-active and approach these firms and let them know we need water lines included. Proposals are due in January and the award will likely be in March.
    
    Mike, in hoping to get this paid for with federal funds, stated he was instructed to prepare a discussion of the costs of the water service, installation of this water line, submit it to the director of NDOT, mentioning that the District has not budgeted for this CIP and request that it be included in the project assuming there is a utility allotment and allow them to propose something back. It may be negotiated, and maybe at least over time and not a one-time payment if the District does have to pay for it or a portion of the costs. There was further discussion on type, size, quantity of pipe, funding, costs, design, etc.
    
    Direction was given to Ken Rock and Mike Chandler to move forward with approaching these firms to be included in the project and possible assistance with funding, with endorsement from the board, and bring back to the board for approval for any action.
    
    7. Discussion – A discussion of potential grant supported projects in lieu of the under-river horizontal collector wells
    
    Ken began by stating that the Army Corp of Engineers (ACOE) was going to support/partially fund the under-river horizontal collector wells, when in fact, he should have stated the Bureau of Reclamation (BOR). Ken stated that he has been receiving calls from the BOR wondering what the District was going to do and how much money was required and that we were able to substitute other similar projects for this project since we were going to discontinue this CIP. Ken further stated that they liked the idea of being involved with a “cutting edge” project. Ken thought that they might be interested in a groundwater recharge with recycled water project where we would improve the groundwater and draw it out and use it as a reservoir for non-potable water uses, and then potentially this might be interpreted as a “potable water value project”. Even though it is not used as potable water, you are saving potable water.
    
    Ken stated that unless anyone else had some other ideas, this was all he could think of that might be a good substitute for the other project cancelled. Ken further stated that we do have a groundwater recharge project being drawn up by consultants with non-specifics, but not for recycled water, but with river water. Karl stated that he didn’t believe there would be any recycled water available for this project. Karl suggested something where we use our river water to extend our potable water with piping, pumping stations, etc.
    
    Mike Chandler stated that on Monday there was a power outage and plant #27 was down, but well #27 kept trying to kick on. Mike further stated that the wells are not currently equipped to relay information; they work, but with technology, they could be better and more secure and there was further discussion of upgrading the District’s SCADA system for a better and more protected system. Mike further stated that this data could help with approaching the State Engineer to approve more groundwater applications.
    
    Ken stated that this sounded good, but his understanding was the BOR was looking for something novel, groundbreaking and sexy. Ken stated that he would speak with lobbyists and consultants for their ideas also.
    
    8. General Manager’s Report
    
    Ken had included a written report and stated that he has been attending lots of meetings. Karl asked about #11 and was informed that the defective pump on well 30 was being looked at by the insurance adjuster and progress was now taking place for possible coverage. A meeting will be coordinated between all the golf courses, City of Mesquite and the VVWD, hopefully sometime in November.
    
    9. Public Comment
    
    There was no public comment at this time.
    
    10. Adjournment
    
    President John Paul adjourned the meeting at 6:30 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-10-19 (.pdf 26.K)
  - 2010-10-05: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    October 5, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on October 5, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Mark McEwen. Also present were John Gleave District CFO, Martin Johnson, JNA Consulting Group and Hatty Tanner taking minutes and other interested parties of agenda items.
    
    John Paul opened the meeting at 5:02 p.m.
    
    Mark McEwen offered a Prayer and Kenyon Leavitt led the pledge.
    
    Public Comment –Trent Graves on behalf of Advanced Construction asked that his request to transfer currently installed meters on Calais Drive to another property address, be agendized for the next board meeting. He requested that the board relook and/or possibly amend the current policy to allow the transfer of a currently installed meter from one property to another property. John asked if there were any comments, Karl said that he felt we needed to review this item. John said they would direct staff to place this item on the next agenda.
    
    Ronald Struhar – 600 Palos Verdes Drive, wanted to know what type of entity the water district was. President John Paul explained that we were created by the state legislation as a water district, here to serve the people within the water district boundaries. Ronald wanted to know where and how the district fit into the public utility as far as being a co-op or a company. Karl addressed his questions letting him know that we are a government agency and the board members are either appointed or elected and we operate similar to the power company. Mr. Struhar wanted to know if we had a charter. The board said that we did have documents showing what we are and Ted directed him to our website where he could find the documents.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 9-21-10 Regular Meeting
    
    3. Discussion & Action – Approve Bills Paid - $93,483.71
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    A. Tradewest Construction - $21,050.00 – Road repair and remove old vault and replace line on Summit Cr.
    
    **End of Consent Agenda**
    
    5. Discussion & Possible Action – Presentation of Annual Audit for Fiscal Year Ending June 30, 2010 by Hinton Burdick
    
    Morris Peacock with Hinton Burdick reviewed some added challenges faced this year in completion of the audit that both John Gleave and Hinton Burdick had to go through that were different than prior years; with the allocations of the investments in capital assets for buildings, structures, site work and equipment following the construction completion of the new arsenic treatment plants. These allocations require the separation of costs into the different types of asset classes and also determining the useful lives for depreciation purposes, consequently effecting the financial statements. Morris said that the MD&A was not complete but the draft financial statement was a solid draft and that not many changes would need to be made. He then went on to explain the net changes between prior and the current year beginning with the Statement of Net Assets on page 12. The District’s Cash & Cash Equivalents were down $871 thousand; the Investments were down $1.5 million; part of which was expected because of the funds used on capital projects that were in construction. Morris then stated that the Restricted Cash & Cash Equivalents were down $550 thousand and the Restricted Investments were down $1.8 million; the total of Restricted Investments consisted of the remaining unspent funds of the 2008 Bond plus approximately $1 million in Ordinance 2 fees. He then stated that Construction in Progress (CIP) went from $26 million to $2.2 million because with the completion of the arsenic treatment plants during the year, the costs were transferred from CIP to the Capital Assets section and allocated in Building & Improvements and Operating Equipment & Wells to be depreciated. Morris continued with explaining other pages of the financials and stated that the Net Operating Income/(Loss) shows a significant loss of $2.7 million and also the Change in Net Assets had a loss of $174 thousand, which most of the loss was created by the depreciation expense and not necessarily money. Morris did state that this was the first time he has seen this District or the previous Farmstead having an overall net loss. He went on to say that a major component of the expenses was an increase in professional legal fees which primarily was related to the pipe litigation and that hopefully the results of the litigation will be a positive to the District in the future. Morris stated that the rest of operating income and expenses are generally consistent with prior years; Water Use Fees, Installation Charges, Salaries, Insurance up, Utilities down, Operating and Maintenance is down, which is headed in the right direction but has been affected by the pipe issues. Morris then discussed the findings and recommendations letter at pages 30-31. There were no new findings for the current year audit and discussed the recommendations listed from prior years audits, which were that the District should have a fraud risk management program; he provided information to John Gleave for Ken Rock at the meeting. He also said that the District needs to have segregation of duties; the District is weak in this area, such that the person that signs the checks should not reconcile the bank accounts. John Gleave said that this was corrected after the 2008 audit was presented during the 2009 fiscal year by implementing new processes that were put in place to address the weakness. Morris said that the other weakness he could see as a potential problem would be in the authorization of payroll direct deposits, even though when they tested this procedure, no problems were found, the District should still implement a double check process to prevent any problems. John Gleave said that this was corrected after the 2009 audit was presented during the 2010 fiscal year by implementing the procedure of a second authorization for payroll direct deposits. After Morris was finished presenting the draft fiscal year 2010 audit, the board discussed and requested that the final audit be brought back before them for approval at the next board meeting.
    
    No Action taken at this time on this item
    
    6. Discussion & Possible Action – Approve and adopt Mission Statement for the VVWD
    
    Karl stated that we had quite a few recommendations on this item and what we came up with was to keep it concise, simple and meaningful for the community.
    
    Karl Gustaveson made a motion to approve our mission statement which is “Safe and dependable water for today and tomorrow”. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Transfer $116,000 per month from the District’s “rainy day fund” to the bond reserve fund until the necessary reserves or $2.0 million is met; whichever comes first. The amount for necessary reserves will be established by Martin Johnson, and depend on the type and amount of outstanding bond debt
    
    Board requested Marty Johnson with JNA to explain the process. Marty explained that when the District first issued bonds in 1999, which included in the bond documents, was the requirement that a reserve fund be created to provide additional security for the District’s revenue bonds, which generally was stated as being equal to 1 year of debt service. Also included in the bond documents was an alternative to creating a cash reserve fund, which allowed that a surety bond could be purchased to satisfy the cash reserve requirement, but also the insurer of the surety bond must keep its own rating no lower than an A rating; the bond documents also state that if the insurer’s rating goes below an A rating, then the District is required to replace the surety bond with cash reserves. Of the current outstanding revenue bonds, surety bonds were purchased and provided by 2 separate bond insurers, unfortunately due to the change in the economic environment over the past couple years, one insurer has no rating and the other one has a C rating and therefore we have to replace the insured amount with cash deposits into a reserve fund in order to satisfy our
    Revenue Bond requirements. Marty said that the requirement of creating a cash reserve fund for Revenue Bonds was one reason we switched to issuing General Obligation Bonds (GO bonds). According to the bond documents, the District can make cash deposits monthly over the next year. The amount of the bond reserve requirement can change over time and will reduce as debt goes down, and once the 2001 Revenue Bond is refunded with a GO Bond then it will be pulled out of the reserve fund calculation, which results in lower bond reserve requirements with excess reserve funds eventually being returned to the District. Karl asked when the 2001 Bond could be called. Marty said that the call date is in June, but once the new GO Bonds are issued then the 2001 Bond will be considered defeased on approximately March 15, 2011. At that point that bond amount would be removed from the reserve fund calculations. Marty continued to say that looking back the District has still saved over $100,000 by not putting cash into a reserve fund and by using the surety bonds for the period in which it worked. Over the years all bonds can be changed to GO Bonds if it becomes beneficial to the District. Mark asked for a clarification as to if we were legally required to replace the bond reserve requirement as a result of the bond insurers ratings being lowered. Marty said yes. Discussion was had about the exact amount to be deposited monthly and Marty explained that the bond reserve balance is estimated and once the 2001 Bond is refunded we can relook at the amounts to be deposited to be in compliance. John Gleave said that the majority of the rainy day funds are invested in securities, but at this time there is approximately $230,000 not invested in securities, and that he would prefer to transfer the $116,289 from those funds not invested in securities and/or other unrestricted accounts instead of the rainy day funds.
    
    Karl Gustaveson made a motion to transfer $116,289.00 per month from the districts unrestricted funds to the bond reserve fund until the necessary reserves or $2 million dollars is met; whichever comes first. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration and possible approval of a resolution for refinancing of the 2001 Bond obligation of the Virgin Valley Water district. The Virgin Valley Water District would notify the Clark County Debt Management commission of a proposal to issue General Obligation (Limited Tax) water refunding bonds (additionally secured by pledges revenues).
    
    Marty Johnson talked about the refinancing of 2001 Bond and the savings it would provide to the District. He explained that this is the first step in a process to approach the Clark County Debt Management Commission with our goal in February 2011 to sell the refunding bond and close in March 2011. The 2001 Bond will no longer show as an outstanding balance on the District’s books even though the actual bonds will not be called until June 1, 2011. At March 2011 with the closing of the new GO Bond, the District will have debt outstanding with a lower interest rate; will not be subject to the reserve requirements and to the 125% coverage calculation. Marty said that there will be a number of months of work between all parties before we can sell the bonds and lock in interest rates. Kenyon asked that if the District would need to make a motion to get the process started? Marty stated yes; what needs to happen is that the District needs to go to the Debt Management Commission with a proposal to issue bonds and this will then start the process of refunding of the 2001 Bond. It was stated that the resolution should say that the District requests to borrow up to $4.2 million.
    
    Karl Gustaveson made a motion to approve by resolution refinancing of the 2001 bond obligation Virgin Valley Water District. The Virgin Valley Water District would notify the Clark County Debt Management Commission of a proposal to issue General Obligation (Limited Tax) water refunding bonds (additionally secured by pledged revenues). Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    9. Informational Item – 2008 Bond Defeasance Tentative project Schedule and report by Marty Johnson
    
    Marty Johnson with JNA was asked to give an update on and explain the defeasement related to the 2008 Bonds. The process of defeasement is to set aside cash sufficient to pay the debt service when it comes due, thus the cash and debt can be removed from the District’s balance sheet; the process of setting aside cash is done by purchasing special government securities created by the U.S. Treasury irrevocably pledged to the payment of the designated outstanding bonds. As of last Friday, the District locked in the interest rates to purchase the securities that at the defeasement closing date on October 12th the District will purchase these securities that will be held in an escrow account by the trustee to make the defeased 2008 Bond payments as they come due. Based on current interest rates, the District was able to eliminate about $18.8 million from the principal and interest payments of the 2008 Bond debt. The details of this defeasement was based upon the previous Board approved scenario when the District was looking at the water rate increases and what would need to happen there, and combined with the 2001 Bond refunding will make the debt coverage numbers work based on the projections done by Bowen Collins. These combined actions together will allow the District to be in compliance with its required debt coverage ratios. Ted asked Marty for an additional brief explanation for the public attending about the defeasement currently in process. So Marty stated that as was approved in the previous board meeting, the District will use the remaining unspent 2008 Bond proceeds that were originally intended for the construction of capital projects, which now those capital projects have been determined unnecessary, and to take these proceeds, identified at just under $11 million, and place the money in an irrevocable escrow account which will be set aside to make the payments of 2008 Bond debt service totaling about $18.8 million. So basically for the 2011 fiscal year audit, you will see a reduction of the 2008 Bond debt and a corresponding cash reduction, which will be removed from the Districts books.
    
    10. Public Comment – Ronald Struhar – 600 Palos Verdes Drive, what is the total indebtedness of the Water District at this time? Ted Miller stated 43 million dollars and we are just getting rid of 11 million dollars right now thru the bond processes bringing the total to $32 million in indebtedness. Ronald wanted to know when the debt has been paid off will the water rates come down. Members of the board stated “yes”; when the debt has been paid we would look at it.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 5:50 p.m.
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-10-05 (.pdf 25.K)
  - 2010-09-29: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 29, 2010
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on September 29, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Member Ted Miller. Board Member Mark McEwen was not present. Also present were Kenneth Rock General Manager, John Gleave District CFO, and Valerie Martinez taking minutes and other interested parties of agenda items.
    
    John Paul opened the meeting at 5:08 p.m.
    
    Kenyon Leavitt offered a Prayer and Karl Gustaveson led the pledge.
    
    Public Comment – Sandra Ramaker wanted to thank the board and manager for getting her the information she had requested.
    
    1. Discussion– Development of a Mission Statement for the District; no action will be taken. Any adoption of said Mission Statement would occur at the next regularly scheduled meeting.
    
    John Paul informed everyone that no action for approval would be made tonight. This was to develop a Mission Statement and that the adoption would happen at the next regularly scheduled board meeting. Ken Rock said there were three documents before the board to work from. The original offers for Mission Statements: 1-Meet the water needs of the Bunkerville and Mesquite communities; 2-Provide safe and dependable drinking water at the lowest cost; 3-Serve the Virgin Valley with water to meet all of the community needs; 4-Water for everything and everyone in the Virgin Valley; 5-Water for quality business, play, and life in Mesquite and Bunkerville; and 6-Reliable, safe, and plentiful water for desert life today and tomorrow. Also included was a survey taken by the Mesquite Local and an email from Tim Hacker, City Manager who had some good suggestions for mission statements. Ken said the City Motto is “From Perseverance to Prosperity”, which is nice and short. Ken said that we could also brain storm and mix the groups favorite words. John Paul likes the word prosperity. John liked that we are trying to persevere and put our ducks in a row, and that reason was for prosperity. Karl Gustaveson said that looking at the original statements and the survey, the second and the fifth got the most votes and they make sense; both indicate safe water one saying plentiful and the other being dependable maybe we could use a combination of both. He went on to say we could take out Mesquite and Bunkerville, that we serve an operating area and it may be different in the future and we would want this statement to be long term. Kenyon said we could insert Virgin Valley. Ken stated that Mr. Hacker had indicated that he like 5, with no mention of the area, but that he liked that it’s a way of life in Mesquite. Ted said there is a concern out there about it being safe, and the need for RO systems, and would like to see safe in the motto. Kenyon liked 2; it has our goal of providing safe and dependable drinking water at the lowest cost. Ted stated he would like to see at the lowest cost taken out. Kenyon stated that low cost is still our goal and what is low to one may not be low to another. Karl said maybe we could replace with reasonable economical rates or reasonable rates. Kenyon then stated that the board could remove “at the lowest cost” and have it worded at Provide safe and dependable drinking water. Ted said he liked that, simple and says it all. Karl said he would like to see meeting the needs of today and tomorrow. Kenyon then modified it to provide safe and dependable drinking water for today and tomorrow. Ted agreed. Ken then said that we are in the water business but not only drinking water; he would like incorporation all of the area’s water resources. Kenyon said our primary concern would be potable water, even though we hold a large stock in both irrigation companies. Ken said if we look at the needs of non-potable use that it will leave more water for potable use and allow for a more economic development of the area. It would also reduce the cost of pumping treating and delivering potable water if there was a shift in the use of non-potable water. Ted suggested that we use reliable safe and dependable water for desert life today and tomorrow. The board decided to go with number 2 modified as Safe and dependable water for today and tomorrow. Direction was given to put the new mission statement on the agenda for October 5, 2010 for approval.
    
    2. Discussion – the General Manager will present numerous potential projects involving water resources. The board will be invited to add to this list. The Board will then discuss, evaluate, modify and prioritize these potential projects for maximum service value to the community. No action will be taken at this meeting.
    
    Ken stated that he wanted this to be an interactive discussion. Ken said that we need to understand:
    
    • The water conditions here
    • Consider the current and possible future development and political structures
    • Review the District’s current service capabilities
    • Evaluate options for achieving full service for the Virgin Valley in future scenarios
    • Outline plans, directions and actions to make the best future possible build those will become logical and easier to decide on
    • Do not add to the debt burden of the existing client base
    
    Ken is looking for direction for the staff for both short and long term goals, but mostly long term. Ken said he wants the board to know where we are now; here is what it takes to get to build out; and this is how we are going to get there.
    
    Ken described the Hydro-Geographical outline of Basin 222 and the aquifers in it and its affects. He described to the board the “Leaky bucket analogy” and how they all affect the water we use today. Ken discussed what is full and what effects downstream and what is sustainable to the area. Ken said that what is going into the bucket is approximately 176,000 afy annual Virgin River flow1929 to 2008 and 30 to 60 thousand acre feet of rainfall recharge per Jeff Johnson, SNWA. Ken discussed the water district’s surface water right allocations, and the sustainable yield of 12,000 acre per year. The water right applications now in place are 22,000, we have to prove up on these applications and determine what is sustainable for potable water for the whole 222 basin.
    
    Virgin Valley Development
    
    Show the current population and the use of both potable and non-potable water. Ken then went on to show what the likely build out and the possible build out could be. Based on estimated numbers, if total build out was 78 thousand, potable water use would be estimated at 24,600 afy plus 20 thousand in non-potable water. If the areas build out were estimated at 100 thousand, the estimated potable use would be 31,800 and 23 thousand non-potable water use. If build out is 78 thousand, then the estimated potable of 25 thousand afy would exceed what is currently Certified, Permitted and Vested Rights; we now have applications for approx 22 thousand. Planning ahead with new development and being able to use secondary water for non-potable uses would free up potable at approximately 15 to 20 thousand and leave a sustainable amount of water for the area. Some discussion was had between Karl and Ken about the current flow rate of recycled water being 2 thousand afy and at expected build out would be approximately 5 thousand afy.
    
    John Paul said with this increase in population we should probably adjust the tiers for water use. John wanted to know if it would be appropriate to look at this now or in the future and when is it appropriate to adjust the tiers. Karl said in a down economy we don’t want to be too far ahead of the development as to discourage it. John said we should to be aware, but not to act on it at the moment. Of the 12 thousand afy we have permitted, the use has been approximately 6,700. Karl said that another possible cause for less water use was that a lot of changes have happened in the community towards xeri-scape use. Karl said that if we get a water plan in place maybe the City will be able to mandate that the community use desert scape. Ken stated that if we don’t keep within the ground water resources boundary then we will be in trouble, and the cost to provide drinking water will go way up. So we are trying to avoid that by switching to using conservation efforts and non-potable water sources for non drinking uses.
    
    Current VVWD Water Resources
    
    Basin 222 Underground Water Rights- currently the VVWD has approximately 224 thousand afy in request for applications. Board discussed what and who had water applications in for basin 222 and 221. Ken said that there may be room for discussion for a possible trade of applications. Board was inquiring as to what amount of Basin 221 leaks into Basin 222 and does that affect us. Ken said that by reducing the leakage out of Basin 222 would be important. No matter what, water pulled out of another basin will affect the lower basin. The key is to be more efficient with the leaks out of the bucket and or the redirection of the leaks. Aaron stated that in order to prove up on water, you must use the amount allocated for one year, and have it metered.
    
    Ken said back in 1991 the General Manager applied for water in Beaver Dam Wash because it was very good and that possible reservoirs could be constructed and water brought to us; but the cost associated with this would be great between the dam, pumping, reservoirs and piping. Ken wanted the board to be aware of all applications that the district currently has. John Paul wanted to know how big does a river need to be to be called a river. Karl stated that when it hits the Virgin River its part of the river. Kenyon was wondering if we could use the wash as a tributary to get it down as Vegas does with Lake Mead. Ken said that he had thought of this and recapturing it when it entered Nevada, however we would have to adjust what is called the annual duty. The General Manager in 1991 selected this site due to the pristine water, however, after it had blended with the river it would no longer be pristine. The Board discussed what Wind River was proposing with getting VVWD arsenic clean water at a price less than what VVWD could have pumped it for; however that was shut down by Arizona Legislature.
    
    Ken said the VVWD currently calculates we have 10,607 afy in Lower Virgin River Surface Water rights, SNWA currently has approximately 212 thousand and there is approximately 2 thousand afy in recycled water. Ken said not all current water use is the responsibility of the District (being the Arizona I-15 corridor as a basin in whole); so what is the future gap?
    
    Discussion was had about future build out and the potable, non potable water use ratio as build out progress occurs. The board discussed how to plan for the water and facilities necessary to support that growth during the high use months.
    
    Related Assessments and Conclusions
    
    Discussion was had about the flow volumes and the total dissolved solids in the lower Virgin River. Ken showed that when the river flow (cfs) goes up in the winter and comes down in the summer; and that the highest points in cfs are where the tds drops down. So when the really big storms come you get a drop in the tds level (except in the middle where we can assume that they sampled right before the storm). Ken went on to say that, what is very significant is that in the last four years there was never a drop in the tds levels below 2 thousand. Our winter flows were never high enough to dilute and drop the tds levels even close to a thousand, which is the upper limit for tds for potable water. So the idea of use of river water for potable water without reverse osmosis is not realistic. Looking at well 9 which is high in sulfate, tds, arsenic, and high in turbidity (reuse has a lower level in turbidity level than well 9) and could not be blended down. So even as bad as the water is out of 9, it is still cleaner than the river water. So my opinion is now that to pull water out of the river and add back to the lower aquifer would degrade the water and is not a good idea. More discussion was had about use of dams, treatment and other options to treat river water, what other municipalities do to utilize water sources. The board decided that it was not feasible at this time.
    
    The board and Ken had discussion as to the surface water rights about the springs, creeks and rivers that have been certificated in the area, there locations, depth of drilling and the possibility of accessing them and reservoirs necessary to utilize them. Ken said that instead of looking at these as options at this time we focus on the existing 10,600 rights we have now. Karl asked if these springs and creeks have been purchased or what do they mean to us. Aaron said that all of the certificates are in the Virgin Valley Water District. Ken said that what these may mean to us is that we look at exchanging these for lower bajada rights. Kenyon said he would not be open to giving any rights away, only trade if it makes sense to the District. The board members agree that trading for lower down rights would be fine. Ken wanted to point out a few reality assessments, that basin 222 sustain yield may limit development if not planned for. Lincoln County, Arizona and SNWA may tie water resources in Basin 222 and limit growth if not negotiated for mutual benefit. We want to make sure we keep water in this basin by trading or negotiating whatever is necessary. Another point is that non potable must be reliable and affordable in order to maintain the area’s quality of life.
    
    Conclusions, Supporting Data, and Decisions
    
    Ken said he has put together 9 points and that he would like to get the direction of the board of each of these.
    
    • The Muddy Creek Formation or other non-Virgin River- influenced ground water are the best quality potable water sources, requiring the least expensive treatment
    
    The horizontal collection well is not immediately needed, and may never be. Cancel that project.
    
    We have enough ground water, the arsenic plants are in place, and this would be better than attempting the horizontal collection wells. Ken said he was sure the direction of the board was to bag the horizontal collections wells project, but would like to try to get the grant money to go toward another project if possible. Kenyon said that we started the horizontal collection wells when SNWA did and we should have bagged it at the same time they did. Ken said we are pretty much into buying the 5 acres of property, but that we can use it to trade with others. Kenyon said that maybe we could do the same as the City and trade with the City or Las Vegas/SNWA for mitigation area.
    
    The cost for a large reservoir above Arizona in Lincoln County, and the distance from the District’s service area, make such a project appear impractical.
    
    Ken is proposing that we let go of those water application. There was discussion about the cost of building a reservoir and piping and at this time does not seem practical. Kenyon asked if we own those rights. Ken said it is only in application. Kenyon said if we owned the rights then it would be prime swapping for clean water. More discussion was made about possibility of trading, or putting into the river and then pulling it back out downstream. Discussion was made as to the possibility that Arizona may be open to trade if they get something back in return. Ken asked if it was okay to let go of the application. Kenyon said he does not think we should build the reservoir, however would like to keep the application in place in case we need it to negotiate with at a later point.
    
    • There is likely enough accessible groundwater for the build-out of the Virgin Valley
    Drilling high on the bajada below the Virgin Mountain or accessing springs in those mountains, is not necessary, may not be productive, would be expensive and has unnecessary environmental consequences. Abandon those efforts in this BLM land of Critical Environmental Concern.
    
    Ken suggested that we trade those rights or abandon the efforts due to cost.
    
    Current well capacities, treatment capacities, and groundwater rights are adequate for current and some future growth. Optimize those systems.
    
    Ken said we appear to have adequate system for our use.
    
    Focus future drilling for wells on the known productive area lower on the bajada, south of the river, between wells 31 and 29. Seek accessibility from the BLM for wells, pipes, and reservoirs in that area
    
    Board would like to see the easement stay, so to make sure that what we remove does not affect the easement.
    
    Muddy Creek-influenced shallow groundwater is of good quality and valuable for at least the Arizona Residents in Basin 222. It may also prove valuable for servicing other Basin 222 residents, so the District should be open to service agreements, water rights, or water purchase arrangements from this area.
    
    Discussion was made to look at the possibility of expanding the boundary of the district to all of Basin 222, but not necessary owning or servicing everything in Basin 222. That the district could possibly be able to assist others the area by contracting our services to them from sampling to repairs, to capital project. Board discussed that it would take a legislative action and we would need to have our consultant get started on it. Ken explained that this would allow us, if it made sense to the district, to provide water to others, as long as it did not burden our current client base. He went on to say just because we would be in the service area does not mean we would have to service it, just that we are accessible and could if needed.
    
    • The claims for groundwater in this area are greatly inflated and competitive rather than cooperative.
    
    Ken said that the points below are directions he is hoping establish to move forward.
    
    Consider an honest conversation with the State Water Engineer to evaluate what is reasonable and to cancel unproductive and irrational application claims. In exchange, affirm the permits for adequate groundwater for full basin build-out.
    After board discussion, no recommendations were made at this time.
    
    The applications for groundwater rights between Basins 221 and 222 with Vidler/Lincoln County Water are virtually pointless. Meet with Lincoln County Water and offer to end aggressive competition that consumes resources by agreeing to separate the basins as service areas.
    
    After board discussion, no recommendations were made at this time.
    
    Seek to make the entire Basin 222 a VVWD service area, allowing but not mandating service. The existing rural systems likely represent more liability than assets and so are not in general worth acquiring, but VVWD could provide valuable contract-type services for these systems on an as-requested basis if they are in our service area.
    
    Board had discussion about looking at what is the service area; is the service area described by boundary or is it whatever is within the legal limits of the City of Mesquite. Discussion was made to talk with the City and work hand in hand with them and their area of service. Also to look at the time table necessary to adjust the service area.
    
    • Uses of recycled and non-potable water should be optimized to best ensure that there will be adequate groundwater for potable uses, at the least cost for development and treatment.
    Future developments should include provisions for a Secondary water system for high-volume flows of recycled and river water for large landscapes such as recreation areas and golf courses.
    
    Unless there are special water quality requirements, a single secondary system of combined recycled and river water would likely be much cheaper than two separate systems. That principle should guide future water system plans and designs.
    
    Existing recycled and river water pump and pipe systems might be combined for optimal economy and non-duplication of resources. That would require a cooperative effort of the golf courses, City of Mesquite, and the VVWD.
    
    Ken stated that in order to make sure that we have plenty of potable water we have to optimize the use of non-potable water. He said we need to plan ahead and put in one system that can achieve this instead of having numerous systems for this. The one system could be river water and recycled water being diverted up to a reservoir that services non-potable uses. It was also discussed that this blending would allow the tds levels to be reduced to allow for water that does not hurt the golf courses. Building a secondary system will take a load off the potable system and will reduce in cost in the pumping and treatment of the potable. Ken said that we would have to work with City and golf courses and or a developer to achieve this. Ken said that he believes that all of the secondary system could be achieved with impact fees and it would not impact the current rate payers. Karl said that the City of Mesquite is looking at artificial grass for all recreation facilities as to not impact the potable water in Mesquite. Discussion was made that the land value of property around a large reservoir may be worth a developer donating property for a reservoir and may be a direction that may needs to be
    investigated.
    
    Ken gave a synopsis of what direction he received from the board from the work session.
    
    John Paul requested that we end the work session and continue at a later date. Board decided to reconvene the remainder of this work session on October 19th at 3:00 pm prior to the regular scheduled board meeting.
    
    3. Adjournment
    
    President John Paul adjourned the meeting at 8:40 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Minutes: 2010-09-29 (.pdf 42.K)
  - 2010-09-21: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 21, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on September 21, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:00 p.m.
    
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    
    Public Comment – George Michnick wanted to personally welcome Ken Rock as the new general manager and wish him luck in his endeavors.
    
    Discussion: Board Comments – Ted commented that he had been approached by a customer regarding his water usage and that his bill has doubled. Ted called the office and he was informed that this individual had been notified by staff working in the office a couple times that his water bill had increased, the meter was spinning and he should check for leaks. The individual did have a couple leaks that were eventually fixed; and Ted wanted to thank and commend the billing department staff for watching out for the rate payers.
    Karl stated that he was in favor of moving the meetings to 5:00 instead of 3:00, giving more opportunity for the public to attend the meetings and hopefully see more public attend meetings in the future.
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda, items 1 through 4, as listed below. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 8/30/10 Work Session
    
    3. Discussion & Action – Approve Minutes from 9/17/10 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $767,692.18
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration of a resolution authorizing the legal defeasance to pay principal and interest on the 2008 Bonds in the amount to legally defease of approximately $11 million of the 2008 Bond with proceeds of the 2008 Bonds to pay off principal and interest on the bond and thereby to increase the District’s debt service coverage ratio by reducing the amount of outstanding bonds
    
    Ken began by stating that we thought we had 10.8 million dollars, but after an ACOE reimbursement, we actually have 11 million dollars available to defease for the 2008 Bonds. Karl stated that he thought it would be beneficial for Ken to take us through this item and explain it again since public was present that has not heard what was discussed in the work session. Ken explained that a bond is like a covenant/agreement. The District essentially receives money from people who purchase the bonds and the District agrees to pay back a certain percentage of that money each year of the bond’s life, which can be 10, 20 or 30 years. The 2008 Bonds are for 30 years at 4.7% interest and we cannot revoke that promise even if we do not use all the money. The 2008 Bonds were to be used for arsenic, a new facility and assistance in drilling well #34. The District does not need the remaining $11 million since they have decided to stop large capital improvement projects (CIP) at this time. The Board has decided to legally defease the 2008 Bonds. By defeasing, money will go into an impound account which will pay off the interest and the District will not have legal liability for the money, so it is not a debt. By setting aside this $11 million the District will save approximately $8 million interest over the life of the bond and pay off the bond 5 years sooner.
    
    Karl commented that we were doing this to get our debt load down as much as possible to avoid raising rates significantly higher than what is anticipated.
    John Gleave commented that the bond resolution states that the maximum to be defeased is $11 million and that should probably be stated in the motion.
    
    Kenyon Leavitt made a motion to legally defease a maximum of $11 million or a lesser amount of the 2008 Bonds with proceeds of the 2008 Bonds to pay off principal and interest on the bond. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to begin steps to call in the 2001 Bonds for redemption and refinance at a lower interest rate to increase the District’s debt service coverage and save approximately $250,000 in interest
    
    Ken stated that Marty Johnson with JNA Consulting had advised him that a resolution would need to be adopted on the 2001 Bond refunding and if his services are adopted in item #7, then he would bring the wording and details back to the board for approval at the October 5, 2010 meeting.
    
    Karl Gustaveson made a motion to begin steps to call in the 2001 Bonds for redemption and refinance at a lower interest rate to increase the District’s debt service coverage and save approximately $250,000 in interest. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to approve professional services by Martin Johnson with JNA Consulting Group, LLC for the refunding of the 2001 Bonds and defeasance of the 2008 Bonds
    
    Kenyon stated that this was just giving Marty the Board’s approval to go ahead with the previous two items. Ted commented that when approving the 2008 Bond that he and another board member were against the $11 million to build executive suites. Ted further stated that they were informed by JNA that if they didn’t take all the money at once, that they would have to pay the fees twice, which were around $60,000. Ted feels that they were led to believe by JNA Consulting that the District had to take out all the money at once, but then they wouldn’t have to use all the money and Ted feels that JNA caused part of this problem and that they should waive their fees.
    
    John Gleave stated that Marty Johnson was under direction of the general manager at that time, as was he and Kendra (bond counsel). John further stated that some of the comments Ted made were not correct. There continued to be discussion regarding the past and Karl called for a point of order stating that they were getting off the agenda item and things that happened in the past could not be changed now and we should call for a vote.
    
    Mark McEwen stated that he did not like amounts between zero and something and feels that a finance person as Marty Johnson should have a more direct amount in fees. Kenyon stated that the fees were based on rates and that the rates today might not be the same rates when the defeasement actually happens so Marty cannot give an exact amount of what fees will be.
    
    Mark McEwen made a motion to approve professional services by Martin Johnson with JNA Consulting Group, LLC for the refunding of the 2001 Bonds and defeasance of the 2008 Bonds. Karl Gustaveson seconded this motion and it was passed by a vote of 4-1 with Ted Miller opposed.
    
    8. Discussion & Possible Action – Presentation by Bowen, Collins & Associates, Inc. and the District’s General Manager of the functional and economical evaluation of Well #30, and possible action on its continued operation and maintenance
    
    Ken led in by pointing out well #30’s location on the map and stated that he had compared costs to build, operate, maintenance and efficiency to other wells in a handout distributed with the breakdown of these costs. Mike Chandler with Bowen, Collins & Associates, Inc. (B&C) explained the analysis provided in the handout for a 9 year average comparing the District’s wells, their production, percentage of each of the wells annual production for the system, and power costs per acre foot produced. Mike stated that as they looked at well #30, one concern they had was the viability or reliability of that well moving forward. On the second page, wells 30, 31, 32 and 33
    costs were compared for capital improvement costs for drilling and power installation, excluding the pipelines and reservoirs. Mike further explained the history of well #30; why it was drilled; maintenance and rehabilitation costs. The approach B&C took was to see if the District had sufficient resources with the other wells; and within its past operating history with its distribution system, to cover the demands that would be necessary if we should have any kind of a problem with well #31, since that was the intent or initial teaming of those two wells. After lengthy discussions with operations staff, the general manager and within their own economical analysis, they found that the costs to rehabilitate well #30 cannot be seen as a viable or crucial asset to the system. After their analysis was done, they found that there are more affordable and more reliable alternatives within the system than pursuing well #30 and would recommend that the District pursue these other alternatives.
    
    Mike answered questions from the board and public regarding Well #30, other wells and the arsenic plants.
    
    It was discussed whether a motion was needed and Ken stated that he didn’t know if we needed a motion, but an understanding that no more money would be put into well #30. John Paul stated that to keep transparency, we may want a motion and Karl agreed.
    
    Karl Gustaveson made a motion directing the general manager not to spend any additional money for maintenance of well #30 until further research had been completed and a final decision was made. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion – Public presentation by District’s General Manager on the District’s budget and financial concerns leading to a recommended rate increase of approximately 36%
    
    Ken had revised a couple of his previous presentations so that they would be more relevant to the public. Ken reviewed the condition of the Water District and explained that it was time for a fiscal strategy and shift. He went through the previous strategy, today’s realities, what to stop start and keep and suggested actions. Ken explained what a depreciation fund was and why the District should have this fund. Ken further reviewed the District’s debt overview, bond details, annual debt service, debt service coverage and the impact of the District’s current situation. Ken reviewed how defeasing the 2008 Bonds would affect the District and how and when a repair and replacement or depreciation fund would be achieved. Ken then explained the District’s economizing strategies, the District’s new directions, coverage restoration plan and the bad and good news conclusions. Ken had included a rate comparison study in the handout with six other water purveyors within a hundred miles of the District; and with the District increasing rates 36%, they would still be competitive and reasonable.
    
    Jean Johnson questioned if every business would be affected and if the wells located in Lincoln County were going to service the Toquop Energy Plant. Ken stated that everyone who is serviced by the VVWD would be affected and Wade Poulsen, General Manager of the Lincoln County Water District (LCWD), explained that LCWD was planning on servicing the Toquop Energy Plant.
    
    Another individual stated that the District should have consumer campaigns on how to water more efficiently and that the golf courses should cut down on their greens. A discussion ensued on conservation and the tiered rate schedule.
    
    Bo suggested that we move to item #10 for the public comments, but Mark stated that he had some questions. John Paul stated that we would have Mark ask his questions and then move to the next item. Mark McEwen questioned the updating of the rate study and Mike Chandler explained that about 95% was completed and whatever action was taken by the board tonight would affect the remaining portion. Mark also questioned CIPs and Ken stated that we were not planning on any large CIPs, but can’t say that there won’t be any smaller ones. There continued to be a lengthy discussion on the depreciation fund.
    
    10. Discussion – Public Hearing on District’s anticipated rate increase
    
    Don Paff stated that he saw this increase as a lack of growth and a lack of impact fees is gone and now we are doing this to the current customers. His example is that the arsenic plants were overbuilt for continued growth in the community. Now, with growth stopped, the customers have to pay for this. Don further stated that this doesn’t mean it’s bad, but the only way to deal with it now; but then there is the future. Don further asked how the board will deal with this when the new growth comes along. Don stated that the board has stated that growth will pay for growth, when in fact; current customers are now supporting that growth future and asked if the board was going to change their connection fees and would they be recognized within the forecast of the District’s revenues. Ken stated that there was some truth to this in that we did build more arsenic treatment facilities than is currently needed, because when they were designed, they were anticipating rapid growth. Ken further stated that B&C were looking at the connection fees and that growth would pay for their portion. Mike Chandler stated that he thought he understood Don in that typically ongoing operating costs should be supported by the current customer base and anything dealing with growth, or expansion of services, is intended to be covered by impact fees. Mike further stated that for a long time, the District was actually subsidized by the impact fees. Mike also stated that the current situation was actually the result of growth subsidizing current customers. Mike explained further that B&C was looking at the future and to make sure that growth pays for growth and that the current customers are not unduly burdened; and that the District, in the short and medium term to stay solvent. Don further stated that he thought it was right for the board to take an action to keep the integrity of the Water District financially and every other way. Don further stated that he would implore the board to establish a two-year minimum time to examine the very function of growth related versus cost of customer related issues; or rather the cost of service and not listen to developers as they come in and complain about the cost of connection fees. He feels that the board should establish a policy of review, specifically for the purpose of seeing the balancing of the revenues versus the service requirements.
    
    George Michnick asked if the District was completely in compliance in regards to all federal, state and environmental agencies water quality sampling and he was informed that we were.
    
    Robert “Bubba” Smith stated that he does see this rate increase paying for the future, but not necessarily growth. Bubba also stated that he agrees with Don in that the board needs to continue to re-evaluate and that he supported the board in their decision.
    
    Mary Lane stated that her concern was with the hardship the increase would have on people who have lost jobs, others on fixed incomes, and wondered if the rates should not be so generous with the larger water users. John Paul thanked her for her comment and stated that the board was not completely finished with the tier structure examination and would continue to examine if what they do is the right thing to do for all the people.
    
    Ken stated that maybe it was time for a brief recess.
    
    Mark McEwen made a motion for a short recess and to reconvene at 7:35. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    Meeting was reconvened at 7:35
    
    11. Discussion & Possible Action – Consideration of a potential 36% rate increase, including but not limited to, amount of increase, effective date of increase and number of steps to implement potential rate increase
    
    Ted questioned the start date of the increase and Ken stated that we would give two weeks’ notice in the newspapers and that we could not start in the middle of the month, but could begin November 1, 2010; and the increase would be noticed on the December billing statements. The board asked Mike Chandler if 36% was the number that we needed and Mike stated that it was. He further stated that if the board implemented the increase in one step, there would be some extra money; but if it was implemented in steps, that the District would have to use their reserve funds.
    
    Kenyon Leavitt made a motion to increase the District’s rates 36%, effective November 1, 2010 and to take Don’s recommendation and have it reviewed in two years from this date to see where we are at. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    12. Discussion & Possible Action – Presentation by the General Manager on values and approximate costs of water transmission lines as part of the exit 120 interchange construction. The Board may reject, approve, or modify the General Manager’s recommendations, or ask for additional work before making a decision
    
    Ken gave the board handouts with information of pipe comparisons for 1,300’ of 16”, 18” and 24” pipe for the 120 exit. Ken compared the sizes against cost, flow, possible uses, and cost between boring and trenching. Ken suggested he was looking toward having an 18” and 24” line trenched for future uses. There was discussion regarding the different uses and what size pipe we may need. Mike Chandler commented on the pricing of jack and boring and just laying the pipe in the trench and stated if you had the chance to definitely go with trenching because it was much cheaper. Mike further stated that UDOT requires that a carrier pipe at least be laid in the trench for future use; and then you could put whatever size pipe through when your plans required it. Mike suggested laying 30” carrier piping, which would hold any of the sizes of pipe we would be looking at in the future. Kenyon stated that he believed NDOT also required a carrier pipe laid on another interchange.
    
    Karl questioned if any grant money had been sought and that the interchange was being constructed with federal and state money. There was further discussion regarding the future, looking into possible grants for the project and scheduling of construction.
    
    Karl Gustaveson made a motion to give the General Manager, Ken Rock, direction to pursue laying two pipes under the new interchange at 120, collecting information and seeing if there are grants available and bring this back to us as a possible action item on the 19th of October. Kenyon Leavitt seconded the motion and it was unanimously carried. 5-0
    
    13. Discussion & Possible Action – Consideration to adopt Resolution 2010-03 to change the time of regular board meetings to begin at 5:00 p.m. in lieu of 3:00 p.m.
    
    Kenyon Leavitt made a motion to adopt Resolution 2010-03 and change the time of regular board meetings to begin at 5:00 p.m. in lieu of 3:00 p.m. Karl Gustaveson seconded the motion and it was carried unanimously. 5-0
    
    14. General Manager’s Report
    
    Ken had included a written report and stated that he would like the board to note this report without having to go over it with them. In short, he has had several meetings with helpful people to help him make decisions.
    
    Ken stated that he would like to move forward with a couple items. The first one is to deal with well inefficiencies. Ken referred back to the handout distributed earlier for item #8. After a brainstorming session, they came up with a sequence of steps to reduce costs and make the system more reliable and efficient. It was decided earlier to not put any more money into #30. Ken pointed out on the map that he feels the wells currently operational will suffice for the short and medium term. We are going to test pump well #32 using the VFD (variable frequency drive) to adjust the speed of the pump for the next month and see what the well can sustain. Ken stated that the motor and pump are too large for this well; it was sized for what they hoped it would pump, not for what it actually pumps. Ken stated that he thought with changing out the pump and VFD we could save $45-$60,000 in power and treatment and that this would pay for a new pump.
    
    They evaluated the south side also and believe that moving reservoirs and utilizing other wells through the arsenic plant would help the distribution system and would not require having to drill another well. These costs would be nominal compared to having to drill another well. There was other discussion regarding different options to make the system more economical and sustainable.
    
    Ken also informed the board that Marty Johnson has informed us that our bond insurer has failed. There are only a couple bond insurers, so basically we cannot get another one. Ken explained that this is not our fault. We now have to cover the entire reserve fund with our own cash. Ken stated that we have enough cash to do that. We would need $2 million in reserves, but we currently have a $1.4 million shortfall. We could make up the shortfall in a year if we add $116,000 per month. Also, when the 2001 Bonds are called in, we would only need $1.5 million in reserves. Ken stated that he would bring this back to the board at the October 5th meeting for a resolution or alternatives.
    
    15. Public Comment
    
    There was no public comment at this time.
    
    16. Adjournment
    
    President John Paul adjourned the meeting at 8:35 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-09-21 (.pdf 29.K)
  - 2010-09-07: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 7, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on September 7, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:08 p.m.
    Kenyon Leavitt offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 8/17/2010 Regular Board Meeting
    
    3. Discussion & Action – Approve Michael Johnson Evaluation Closed Session Minutes from 8/17/10
    
    4. Discussion & Action – Approve Bills Paid - $493,487.06
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to approve Assignment and Assumption of Lease with SNWA for the Mesquite Irrigation Company share purchased from Staci Frei
    
    The District purchased a Mesquite Irrigation share from Staci Frei that she had previously leased to SNWA and the District would be entitled to this year’s lease amount for the share they purchased. An Assignment and Assumption of Lease agreement was forwarded from SNWA for approval. Once this agreement has been signed and sent to SNWA, they will forward a check to the District for the lease amount for this share and they will issue Ms. Frei a check for her remaining share that she still owns.
    
    Kenyon Leavitt made a motion to approve the Assignment and Assumption of Lease with SNWA for the Mesquite Irrigation Company share purchased from Staci Frei. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to approve William Peterson to become certified as a “Conservation Practitioner” along with any costs associated to obtain certification
    
    Mr. Peterson provided information to the board proposing that he was willing to offer his services in obtaining a “Conservation Practitioner” certification through the CAL-NV section of AWWA, stating that the cost is negligible and would not be a burden.
    
    Karl commented that he was very much in favor of this and that he would like to take it a step further in regards to continuing education on the treatment side and to have someone meet the credentials required for the District in treatment. Ken stated that he along with Pete and Philip were in the process of meeting the requirements to obtain higher treatment certification.
    
    Mark stated that he approved and supported this idea and that Pete’s memo was extremely positive.
    
    Mark McEwen made a motion to approve and also support William Peterson becoming certified as a “Conservation Practitioner” and that the Water District will pay for any costs associated with obtaining this certification. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    Kenyon wanted to make sure that this was an accredited certification and Ken stated that it was a certified AWWA course.
    
    7. Discussion & Possible Action – Consideration to approve additional SCADA programming services with Bowen, Collins & Associates, Inc. not to exceed $42,000
    
    Karl asked if it was possible to submit these costs to the ACOE for reimbursement through the grant that has not been completely utilized. Ken stated that it was very perceptive of Karl to suggest this because that is exactly what we have done. We have had correspondence with the ACOE representative and he has stated that as long as it is related to the arsenic plants that the District would qualify for reimbursement of 75%. Ken further stated that we are working on putting together purchase orders for valves, supplies, training, equipment and paving to the arsenic plants besides this SCADA programming service to submit invoices to the ACOE before the grant expires.
    
    Kenyon Leavitt made a motion to approve additional SCADA programming services with Bowen, Collins & Associates, Inc. not to exceed $42,000. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Presentation from Bowen, Collins & Associates, Inc. and Marty Johnson with JNA Consulting Group for alternatives on 2008 bond legal defeasance and proposed alternative rate schedules
    
    Mike Chandler with Bowen, Collins & Associates, Inc. (BCA) began by summarizing the three variations on the scenarios proposed by Marty Johnson at the last workshop. Mike stated that what it amounted to was shifting the increase of the debt service coverage through rate increases in one to three years. BCA looked at each of the scenarios and developed the rate increases based on the information that John Gleave provided BCA. Mike continued and stated that in order to get to the debt service coverage, we would need an aggregate of 36% over today’s current rate structure and that can be implemented in one of three ways; a one-time increase of that amount or stepped out over two or three years. BCA prepared a couple items for the board to look at. Mike stated they had several examples of different scenarios and what this would look like on customer’s water bills. BCA also looked at Marty’s scenario 3A and implementing an increase over one, two and three years and how that would affect the District’s cash reserves. Mike further stated that one advantage of moving aggressively is, having just finished the arsenic treatment plants; you never know what is on the regulatory horizon. Mike stated that by moving and being proactive, it will allow the District in the future to not need as much bonding, debt financing and being able to proactively position the District to handle things better.
    
    Ken asked Mike if he had seen the rate comparison prepared by Aaron Bunker and Mike stated that he had and proceeded to pass out the comparison sheet to the board members for review of the District’s current rate and the proposed 36% increase, along with 6 other entities within a 100 mile radius and their base rates and how the District compared. Mike further stated that the District’s base charge was on the lower end and if you looked at tiered structure, the District’s tier structure is much more forgiving than anyone else. Mike stated that even with the 36% increase, it would position the District well within other entities out there; but it would also put the District in a position where we are able to stabilize existing debt coverage and to prepare for the future where we could take a more proactive stance on some of these issues, whether it be regulatory monitoring or repair and replacement type items. Ken then stated that this rate structure also shows us that currently there is not as high a penalty, or as early a penalty, for high water use, which helps our industrial/commercial users. There was further discussion regarding mandated and un-mandated regulations.
    
    John Paul stated that he felt the District should bite the bullet and go for the increase of 36% in one lump sum. Ted stated that he agreed with John in increasing in one lump sum and further asked when we would be looking at another increase. Mike Chandler stated that with any increase, water usage will decrease and the District may have to increase rates if usage goes down. There was further discussion regarding the comparison chart and the District’s proposed rates. Kenyon stated that the general public has not heard all the discussion in the workshop, so they don’t really know what’s taken place and feels this is something that needs to be discussed; or at least let them know the savings from defeasing the $10.8 million and the CIPs that we are putting on hold and that this 36% isn’t just because we want more money. Ken stated that he has done presentations for the rotary clubs and he could put together a variation of these and the board presentation for a
    public presentation to get this information out.
    
    Marty Johnson with JNA Consulting Group stated that the one scenario we had looked at paid off the debt on the backend. The goal was to eliminate all of the payment of the 2008 bond in fiscal year 2012 and then whatever was left was to shorten up the life of the debt and get rid of those payments on the backend with a couple small modifications. Marty further stated that at this point and time, it was going to be the rate increase and how that gets implemented, to determine the fine tuning that is done to the defeasance scenarios. Marty further stated that they would need to come back at a later date and have the board adopt an actual resolution to accomplish the defeasance. Marty explained to the public “defeasing” in that we would take the $10.8 million, or whatever amount that number will eventually be at the time of defeasing, of the remaining 2008 bond proceeds and using that to pay off as much of the payments that we can, including principal and interest; and the goal would be to get rid of all the 2012 payments on those bonds; get rid of the rest of the payments in the current fiscal year; and basically we would be getting rid of the principal and the payments that are on the backend of that bond and the interest associated with those maturities for the life of the bond. Marty stated that this process was pretty straight forward and easy to accomplish. Marty suggested having the resolution available for approval at the October 5, 2010 board meeting and we could have the defeasance done by October 15th.
    
    Karl stated that by defeasing the 2008 bonds, we would be saving the rate payers 8 to 9 million dollars in interest and only looking at the 36% rate increase in lieu of a 50% or more rate increase. There was further discussion regarding refinancing the 2001 bond.
    
    Mark commented that he is a rate payer and if he was not on the board, he wouldn’t understand this rate increase; but understanding it now, along with what Marty said about this helping our debt, this actually protects our District from costs like failure of equipment and federal mandates. Mark further stated that the District experienced growth, but we did not leave a foundation for protection of that growth and believes this is a very sound procedure.
    
    Kenyon stated that he was concerned and felt that it would be smart on the part of the District to put this out to the public at the next board meeting. Ken stated that legal has advised him that the wording on the agenda item does not call for a rate increase being approved at this meeting. Karl also stated that the District’s bond rating is critical and if we don’t take action soon, we could lose our bond rating. Kenyon stated that he would give direction to the general manager to take care of a presentation for the next board meeting and to invite BCA to inform the public of why there would be a rate increase. Ken suggested moving the next meeting to 5:00 so that more public would be able to attend and they could have the litigation session at 3:00 and Mark would be able to attend.
    
    9. General Manager’s Report
    
    Ken included a written report summarizing his meetings with different agencies and individuals, stating that it has been another educational couple of weeks. In summary, Ken stated that there is interest and cooperation in making sure that both, potable and non-potable sources, needs are met reliably at a reasonable cost for our community and also playing into this; working with Mr. Tanner’s group planning on if we want to put pipes under the new 120 interchange is part of a challenge.
    
    10. Discussion & Possible Action – Board approval sought to set up a special workshop for preliminary evaluations of overall water resource options, proposed date 9/29/10
    
    Ken stated that this was an ambitious undertaking; however, he thought it was fairly important. Ken stated he would like to leave this as a goal, rather than a hard and fast demand.
    
    The item died for a lack of a motion.
    
    11. Public Comment
    
    Morris Workman stated that he wanted to applaud the District’s website and having back-up material links provided on the agenda.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 4:07 p.m.
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-09-07 (.pdf 21.K)
  - 2010-08-30: Work Session Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 30, 2010
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on August 30, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Mark McEwen. Also present were Kenneth Rock General Manager, John Gleave District CFO, Ken Spiers and Mike Chandler with Bowen, Collins & Associates, Inc., Marty Johnson with JNA Consulting and Mary Johnson taking minutes and other interested parties of agenda items.
    
    John Paul opened the meeting at 3:00 p.m.
    
    1. Discussion & Possible Action – A workshop to receive a presentation from the General Manager with contributions from consultants; the workshop will overview all major budget issues and endeavors to set goals and actions to balance future budgets consistent with Board priorities
    
    John Paul turned the meeting over to Ken. Ken welcomed everyone and had everyone move so that they could see the presentation.
    
    Mark McEwen stated that he was on-call and if he gets a call he would have to answer it.
    
    Ken began by stating that a manager is only as good as his or her team and that the District has a lot of good contributors. Ken stated that in recent weeks, we’ve assessed the District’s physical assets, water, equipment and personnel and feels that it is very important to know that we have a functioning utility that is healthy in those respects. However, times have changed and our economy, philosophy and previous fiscal behaviors don’t work well for us now and we need to reassess things.
    
    Ken began the slide presentation asking if it was time for a fiscal strategy shift looking at where we were headed and where we should go now; defining the short, medium and long term strategies; determining what to stop, start and keep; and implementing the plan. Ken spoke of the District’s previous strategy and today’s realities. Ken continued with the new short, medium and long terms with suggestions of what to stop, start and keep.
    
    Karl stated that he agreed 100% with stopping capital improvement projects (CIPs), but he had a question on well #34 and questioned if we would lose substantial funding for this well if we didn’t move ahead and drill at this time. Ken informed Karl that fortunately we will receive 75% of what has been spent to date on well #34 from the ACOE and would not have to move forward and drill at this time. Ted questioned where the casing was currently being stored and if it was secure and was informed that it was being stored at well #32 site and should be secure, but Ken stated that we may look at some overhead protection from the elements.
    
    There was further comments and discussion regarding the Virgin River water and the need, the expense and the feasibility.
    
    Ken introduced Ken Spiers and Mike Chandler with Bowen, Collins & Associates, Inc. (BCA) Mike Chandler began by suggesting some short term actions; updating the rate study; updating the impact fee study; possible total water resource evaluation assignment; and revising and up-dating the draft 2009 Master Plan to incorporate new strategies and directives. Mike then went into more detail regarding the Master Plan update and inclusions. Mike stated that BCA were concerned with the Ranney Collector and stated that they do not feel comfortable moving forward with this project. There was some discussion on the District’s water rights and the water available in the basin. Mike’s medium term recommendations included incorporating a depreciation fund for aging capital assets and he went into further explanation of why the District should have this fund. Mike stated that the District needs to go from a crisis management approach to an asset management approach. Mike stated that the District’s budget and CIP projects were all growth driven and this needs to change since growth has all but stopped. Karl stated that he believed we needed to revise the budget and make sure the District was within legal compliance with the State.
    
    At this point in the presentation, a short break was taken, and at 4:10 p.m. the work session resumed.
    
    Marty Johnson with JNA Consulting began stating that he would talk about the District’s outstanding debt and where the District was at in relationship to the District’s annual bond payments. Marty reviewed the District’s debt overview and stated that the District has $42.2 million of debt. Marty reviewed the District bond details; the District’s annual debt service; the bond requirements; and the impact of the District’s current situation. Marty explained the District’s debt service gaps and how to increase the debt service coverage. Marty stated that only a legal defeasance (an irrevocable decision) will help increase the debt service coverage ratio since “cash” is not a pledged revenue. Marty further stated that the 2008 Bond can only be used to pay the 2008 Bond. Marty reviewed considerations and some additional ideas to lower the District’s debt.
    
    Kenyon questioned what if we only used a portion for defeasance and keep some of the 2008 bond monies and Marty stated that we would still have to show where we were going to use the remaining money.
    
    Marty then discussed the refunding of the 2001 bond that could be called on June 1, 2011; defeasance options and the annual debt service after defeasance of the 2008 bond with the different options; and the proposed coverage assumptions. There was a lengthy discussion regarding the defeasance options.
    
    Marty turned the presentation back over to Ken and he further reviewed the defeasance options and how this would save the District money. Ken then explained how the District could begin a repair and replacement “depreciation” fund and why this is so important. After further discussion, Marty commented that his recommendation would be to legally defease the entire 10.8 million dollars of the 2008 bond unless someone could show him that there was CIP out there that the District needed to do. Ken talked about CIPs and stated that BCA felt secure in saying that the District did not need to move forward with any CIPs at this time. Karl
    stated that with the District’s reserve funds he didn’t feel that we needed to keep $1.3 million from the 2008 bond. Ken presented financial stability adjustments and would like the board to decide a path on CIPs, a depreciation fund, and the master plan. Ken stated that even if the District would have to increase rates perhaps 50%, the District would still look favorably compared to other communities in the area regarding water quality, stability, service and the rate.
    
    A break was taken at 5:33 p.m. and the work session resumed at 5:53 p.m.
    
    Ken began by stating that the board needed to decide if they want to earmark any monies for CIPs and if not, we could legally defease the entire $10.8 million remaining on the 2008 bond; the depreciation program; and BCA continuing with the master plan. Kenyon stated that he feels that the District’s CIPs would be zero and that we could defease the entire 2008 bond and to do so as soon as possible, Mark agreed, and Karl asked if this was his motion.
    
    Kenyon Leavitt made a motion that the District’s CIP costs be zero for the next five years. Mark McEwen seconded the motion.
    
    Ken stated as the general manager he would like to see the flexibility of when things come up or when Bowen, Collins & Associates make recommendations that he would bring these to the board for approval. John Paul questioned if everyone was comfortable with no CIPs for five years. Kenyon further stated that he felt we should use the entire 10.8 to defease. Karl asked if Kenyon could modify his motion to say no capital projects funded by the bond.
    
    Kenyon Leavitt amended his motion to say that the District legally defease the 10.8 million dollars of the 2008 bond.
    
    There was further discussion regarding the wording of the motion and whether it needed to include anything regarding CIPs and a rate increase. Ken stated that defeasing the 10.8 was good, but Marty would need to know the District’s direction and how to shape the curve for defeasing the bond and this would bring the rate study into play. Ken further stated that he was thinking, and that the first step would be to defease the $10.8 million; second, to agree on the shape of the curve; and then the third one, would be to ask for a rate study from Bowen, Collins & Associates. Marty Johnson suggested that the shape of the curve would govern the rate increase and the rate increase will govern the shape of the curve. Marty further suggested that the motion be to use the $10.8 million and direction to Marty and Bowen, Collins to work together to accomplish the goals of the board.
    
    Kenyon Leavitt reiterated his motion to legally defease the entire 10.8 million dollars of the 2008 bond. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    There continued to be discussion regarding the rate increase and how to phase the increase. Marty stated that he had used a two phase increase in his presentation and felt that people around the state are very sensitive to rate increases and that the District should phase in the rate increases in steps. Ken Spiers stated that they, along with Marty, could bring back to the board various scenarios on rate increases for the board’s review and approval. There continued to be discussion on a rate increase and how the District should move forward and how much time would be required. Ken stated that we would need to make an assignment to Bowen, Collins & Associates and Marty to come back with alternatives to the defeasement program and rates to accomplish those different defeasement moves.
    
    Karl Gustaveson made a motion directing Bowen, Collins & Associates and Marty Johnson to prepare various scenarios outlining, using the red line, outlining the different options using a two, three year rate increase, and what the actual rate increase would be; also looking at the possible assure payoff time for the full $10.8 million and have that information available for board consideration and possible action on September 7, 2010. Kenyon Leavitt seconded the motion and it carried unanimously. 5-0
    
    Ken then stated that he felt this merited some opinion, and the board would be setting in place a repair and replacement depreciation program and the board would be directing the District’s accountant to start developing that program and setting money aside. Ken gave different options as when to begin and how much money to begin with, but stating that just establishing it as a board priority and intention has merit and sense and we see this as valuable. There continued to be a discussion on depreciation and when and how much to begin with. Ken stated he was looking basically for a board commitment in creating a depreciation fund at some point where it becomes economically feasible.
    
    Mark McEwen made a motion to establish a depreciation fund and to create a budget line item for it and it will be funded by reduction is debt services. Karl Gustaveson seconded the motion and it was unanimously carried. 5-0
    
    Karl questioned if we needed a motion on refinancing the 2001 bond. Marty stated that we needed to allow this process to play out a little bit and if they came back in October this would allow a timeframe that would fit.
    
    Karl Gustaveson made a motion directing Marty Johnson to come back in October, 2010 to begin process to call in the 2001 bond in June 2011. Kenyon Leavitt seconded the motion and it was unanimously carried. 5-0
    
    Ken stated that he wanted to reassure everyone that all of our actions were not being based on just reducing the defeasement costs and raising the rates; but that he had outlined other economizing strategies for the District to lower costs and went into detail on these strategies and there continued to be a discussion on these strategies.
    
    Karl made a statement that after attending meetings for the past year, what a different atmosphere it was to see five people working together, regardless what side of the river you were on, to do the right thing and that it was a pleasure being here.
    
    2. Public Comment
    
    Sandra Raymaker stated that she agreed with Karl’s statement and that the last meetings have been so much more informative.
    
    3. Adjournment
    
    President John Paul adjourned the meeting at 7:03 p.m.
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Work Session Minutes: 2010-08-30 (.pdf 20.K)
  - 2010-08-17: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 17, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 17, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:02 p.m.
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Ted commented that he had attended the Chamber of Commerce luncheon and that he enjoyed a stellar presentation by Ken Rock and heard lots of positive comments from other attendees. John Paul also stated that he echoed Ted’s comments.
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve items 1, 2 and 3 on the consent agenda as listed below. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 8/3/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $254,061.00
    
    ** End of Consent Agenda**
    
    4. Discussion – Presentation summarizing the liquid and physical assets of the VVWD – Presented by Ken Rock
    
    Ken presented a power point presentation describing the District’s drinking water sources stating that the District currently has nine production wells, what their depths and pumping rates are and that they have the capability of pumping 17.6 million gallons per day (mgd) with approximately $30,000,000 in assets.
    
    The VVWD has eight reservoirs with a total capacity of 15.3 million gallons totaling approximately $1,000,000,000 in assets. The VVWD below-ground assets included the diameter in inches and length in feet of the pipe totaling 133 miles.
    
    The VVWD has five arsenic treatment plants and including the buildings, equipment, offices, etc., the District has approximately $180,000,000 in assets. The VVWD had grants from the ACOE, Nevada AB198 and US EPA assisting in the funding of this project and the District also obtained the 2008 Bond to assist in the District’s portion of the project. Ken further informed every one of the O&M budget for the plants along with the arsenic removal efficiencies.
    
    Included in the presentation was the District’s annual deliveries from 1982 through 2009; the monthly water production in 2005, 2007 and 2009; and the potable water use by category.
    
    Ken also explained the lower Virgin River Flows; the total surface water rights in the lower Virgin River; the surface water right allocations on the lower Virgin River; the Intentional Created Surplus (ICS) with the pre 1929 Agreement and the post 1929 Agreement and the relevance to the District; the composition of the surface water rights on the lower Virgin River; and the surface water owned by the VVWD on the lower Virgin River.
    
    The District’s customer base included the meter sizes and number of connections within the District.
    
    Looking into the future, the District will need to meet all federal water quality standards; possibly an aquifer recharge for off-stream storage; possibly an under-river water collector; possibly accessing additional water rights; co-op with Lincoln County development; conservation and smart water use help for everyone; and total water resource management with the City of Mesquite for the sustained benefit of all and preservation of environmental resources.
    
    Ken proceeded to open this item for questions and comments.
    
    5. Discussion & Possible Action – Consideration to approve a Mission Statement for the VVWD
    
    Ken had included six potential mission statements stating that we could use one of these or a combination of these by piecing words together. Ken further stated that a motion did not have to happen tonight if they would rather ponder on this. Ken also stated that he felt mission statements should be short and memorable. Karl and Mark agreed that they would like to ponder on this and have it come back on the next agenda.
    
    The item died for a lack of a motion.
    
    6. Discussion & Possible Action – Consideration of the litigation brought by the District against Vanguard Piping et al. and consideration and possible action to retain the law firm of Panish, Shea & Boyle to represent the District in that litigation on a contingency fee basis
    
    John Paul turned this item over to legal counsel. Bo explained to the public that the District has had piping within the system busting, breaking and failing and the District is concerned and wants to make sure they are repaired, which is at a significant cost. The pipe is called a bruiser pipe. The Water District has brought claims against the company and is seeking its damages including the pipe, wages and the patching on the roads that require repairs. Initially Kolesar & Leatham were retained on an hourly basis. A modified fee agreement was reached where the District was paying 55% of the usual fee, but this is still high. The firm of Panish, Shea & Boyle would take this case on a contingency basis and the firm would front all costs and then share a percentage of the costs recovered. This firm is extremely well respected and has obtained the largest verdict ever in any trial against General Motors in a product liability case, such as ours. Bo further stated that he has been working with their attorney for the past few weeks and as of August 16, 2010 they finalized a fee agreement. This fee agreement is very different from the prior fee agreement with Kolesar & Leatham. This would be a straight contingency agreement. If we prevail, the law firm would get 1/3 and the District would retain the rest of the money for repairs and reimbursement. Kolesar & Leatham will continue to be involved with this case since they have done a lot of work-up for the case. The District will not have to put in any more money into this case other than fees that were incurred through July. The current costs expended by the District have been significant reaching over $500,000. Assuming there is a recovery, and we have every belief that there will be, the first $1,000,000 of recovery will have no fee taken out and will be strictly for the VVWD. For any amount above $1,000.000 to $5,000,000, then this firm, Panish, Shea & Boyle and Kolesar & Leatham will receive 33%. Anything above $5,000,000, these firms will retain 35% and the District will retain the rest. Bo further stated that his confidence was built up after Panish, Shea & Boyle reviewed the case and decided that they wanted to proceed in representing the VVWD, spending $75,000 of their own money as soon as the agreement is signed, and that demonstrated their belief in the case.
    
    Ted questioned about others joining in on the case and Bo stated that at the beginning he wanted to do this, but with it being taken on a contingency basis, he no longer felt that way.
    
    Karl Gustaveson made a motion to retain the law firm Panish, Shea & Boyle to represent the VVWD on a contingency fee basis on the Vanguard pipe litigation. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    7. Hydrologist’s Report
    
    Boomer had included a written report informing the board that revisions had been submitted for incorporation into the Virgin River Habitat Conservation & Recovery Program (VRHCRP) document and that the US Fish & Wildlife and City of Mesquite were incorporating comments from all participants in preparation for printing. There was a meeting held on 8/5/10 for the upcoming Virgin River Watershed conference to be held in Mesquite on October 20 and 21, 2010 at City Hall.
    
    Boomer further reported that the parcels held by VVWD as right of ways with BLM had been finalized in regards to water rights points of diversion within the Gold Butte ACEC and future parcels area for water resources critical to future operation to VVWD.
    
    Boomer stated that we had completed annual compliance sampling for inorganics, metals, SOCs, VOCs and radionuclides and that all were non-detect; and compliance sampling for Disinfection bi-product rule consisting of total trihalomethanes and haloacetic acids concentrations were below action level. We did have two arsenic samples report upsets in the plant operations and above the 10 ppb and that Ken would report remedies initiated to prevent similar upsets in the future.
    
    The District’s high delivery date was 8/7/10 producing 11,284,768 gallons of water.
    Boomer also stated that we had received a draft agreement from BOR to revise grant agreement of $1,376,000 for installation of a prototype horizontal collector well.
    Karl questioned Boomer on Ordinance IV and if an amount had been determined for the costs to the District. The District will collect $250 per EDU per Boomer. Karl stated that the board would need to make a decision on this pretty soon and the board needed more information on this ordinance before they could make an informed decision.
    
    8. General Manager’s Report
    
    Ken had included a written report and stated that he was not going to go over that because it would take up too much time. Ken stated that he has been spending a fair amount of time with Mike Chandler and Ken Spiers with Bowen & Collins. Bowen & Collins had produced a couple system maps hanging on the board room walls and Ken handed out laser pointers to all board members so that they could use these to point out reference points on the maps produced.
    
    Ken reported on the failure at the arsenic treatment plants stating that the chemical pumps for ferric chloride were clogged and this was not allowing the pumps to work correctly and remove the arsenic. Ken also stated that the in-line strainers had also clogged up. To remedy this from happening again, in-line basket strainers would be used from the chemical truck straining the ferric chloride before it is put into the chemical pumps. With the help from Aaron and Ken the operators at the treatment plants developed round sheets, which is a series of checklists to record numbers and check functioning of things at each of the treatment plants. Along with these log sheets, each operator will have diaries at each treatment plant that is dated, recording any work or problem and these will be handed down as a pass down log also. Also, they pulled the basket strainers that were an issue in the delivery lines.
    Bowen & Collins had also spoken to Ken regarding improvements to the SCADA (Supervisor Controlled and Data Acquisition) system. Bowen & Collins have a programmer who will assist the VVWD in upgrading the SCADA system and we are in the process of updating a contract on this.
    
    Ken stated that he toured the Mesquite Waste Water Treatment Plant.
    
    Besides talking with Mike Chandler and Ken Spiers, Ken has been in contact with Marty Johnson, our bond specialist. Ken stated that the District has great assets base, field and office staff, but our CIP program and our bond debt were set up for rapid growth, not a stable situation. Ken is proposing that we set up a bond and budget workshop to reassess and adjust. It was decided that the workshop would be held on Monday, August 30, 2010 at 3:00 p.m.
    
    9. Discussion & Possible Action - Performance evaluation of Michael Johnson, Chief Hydrologist. Possible action may include, but is not limited to, termination, suspension, demotion, reduction in pay, reprimand, promotion, endorsement, engagement, retention, salary increase, or ‘No Action’. (Closed session may be held to consider character, alleged misconduct, professional competence, physical or mental health pursuant to NRS 241.030.)
    
    Bo began by stating that under Statute 241, the person who is being reviewed, Michael Johnson, if to consider character, alleged misconduct, professional competence and physical or mental health may go into closed session as long as they are not the Chief Executive. Michael may waive this right if he so chooses and this preliminary decision should be made now. Michael Johnson stated that he would not be waiving this right and would like this to be a closed meeting.
    
    Ted Miller made a motion that the Board of Directors go into a closed session to consider the character, alleged misconduct, professional competence, physical or mental health of Michael Johnson pursuant to NRS 241.030. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    Bo also clarified that no decision would be made in the closed session.
    
    After a lengthy closed session and litigation session, John Paul reconvened and called the public meeting to order at 7:58 p.m. and again re-read item #9.
    
    Bo stated that he appreciated those in the public that made it through the long closed session.
    
    Bo stated that on behalf of the board he had a formal announcement to make and Michael Johnson, through his attorney, has extended a settlement offer that Bo was also going to articulate, but before he did that, he wanted to make the following statement:
    
    The Board of Directors has had grave concerns over serious allegations of misconduct involving Michael (“Boomer”) Johnson. These allegations were serious enough to warrant an internal investigation. The outcome of that investigation, and in closed session with Michael Johnson and his attorney per NRS 241, was that Michael Johnson has tendered his resignation effective immediately on August 17, 2010.
    
    In connection with that resignation and closed session, a settlement offer was proposed and the Board will consider that settlement offer now; which would include the following terms:
    
    • Michael Johnson would release any claims and all claims that he could have in any way against the District, the Board and any of its representatives in any manner that exists through today.
    
    • It would be a global settlement of any and all claims.
    
    • In the event any employer contacts the Water District in connection with Boomer’s future employment, the District’s response would simply be confirming the dates of Michael Johnson’s employment and nothing further beyond that.
    
    • The Board members and the Water District would be free, including its representatives would be free, to talk with any party regarding these concerns and allegations, other than any future employers as stated above and any press directly, other than the statement just read.
    
    • Michael Johnson will receive his pay on the same terms as though he was terminated (as outlined in the employee handbook) and upon receipt of that pay all these claims will apply to that as well.
    
    That is the proposed agreement and based on that, the Board could make a motion to accept those terms, and accept and adopt that statement, as well accept the resignation of Michael Johnson. Michael Johnson will also receive no severance.
    
    Mark McEwen made a motion to accept Michael Johnson’s resignation; that the statement that has been outlined by Bo Bingham be a formal statement and we adopt that as our formal statement; that the other conditions that Bo Bingham has set forth we agree upon; and we accept that offer. Karl Gustaveson seconded this motion.
    
    Bo stated that before a vote was conducted, he asked Michael and his attorney if the terms read were accurate and acceptable. Michael’s attorney, Christopher Marchand, stated that they are, but that he wanted to clarify something in that the benefits that were listed out that he would receive would be the same whether it was through termination or resignation. Bo stated that was correct and Mr. Marchand stated then “yes” they accept those terms. Bo also stated that this would be subject to a more formal agreement that Bo will prepare consistent with these terms as well as the standard terms that would be in any settlement agreement and issued within 72 hours and Michael would also be obligated to return all VVWD property.
    
    Mark McEwen included in his motion that in addition that the Board ask that Bo Bingham formalize those conditions so that both parties can sign that settlement agreement. Karl Gustaveson seconded and the motion carried unanimously. 5-0
    
    10. Public Comment
    
    Morris Workman asked how many shares were leased at the auction earlier this day and for how much. He was informed that two Bunkerville shares were leased and one Mesquite share and all were for $300 for one year.
    
    Morris questioned what the actual arsenic level was when the failure occurred. He was informed that on 6/28 the reading was 23 ppb and on 7/20 the reading was 25 ppb.
    
    Morris asked if the meeting to be held on 10/20 and 10/21 would be open to the public and where it would be held. He was informed that it was opened to the public and would be at City Hall.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 8:11 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-08-17 (.pdf 39.K)
  - 2010-08-03: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 3, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 3, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, and Board Member Ted Miller. Secretary-Treasurer Kenyon Leavitt and Board Member Mark McEwen were not present. Also present were Ken Rock District General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:03 p.m.
    Karl Gustaveson offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – John Paul stated that he would just like to comment that he was thrilled with the work from the General Manager, Ken Rock, even though it has only been a week. He further stated that staff seems to be taking him in stride and Ken seems to have won their confidence and respect and hopefully this will continue.
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion and stated that his motion would contain amendment to the minutes, item #5, as amended by counsel.
    
    John Paul stated that item #6 also needed to be pulled from the agenda.
    
    Karl also added that item #6 be pulled from the agenda for further discussion and heard at a later time giving the general manager an opportunity to have more time to understand and study this issue before a final decision is made. Ted Miller seconded the motion.
    
    John Paul asked for questions before a vote and Sandra Raymaker requested that item #4 be pulled from the consent agenda.
    
    Karl amended his motion to also pull item #4 from the consent agenda and move to the position of item #6. Ted Miller seconded the amended motion.
    
    Bo stated that Karl had specifically only mentioned item #5 to be amended in his motion, but that item #7 was also amended.
    
    Karl Gustaveson began to amend his motion and stated that he was starting over. Karl made a motion to approve the consent agenda as listed below with item #6 being pulled from the agenda and heard at a later date; that item #2, minutes, be amended in respects to items #5 and #7 as amended by legal counsel and that item #4 be pulled from the consent agenda and be heard in item #6 spot. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda – Item #6 pulled from agenda and item #4 pulled from the consent agenda and to be heard in item #6 spot.
    
    2. Discussion & Action – Approve Minutes from 7/20/10 Regular Board Meeting – Items #5 and #7 amended as per legal counsel
    
    3. Discussion & Action – Approve Bills Paid - $398,821.58
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to Appoint the General Manager, Kenneth Rock, as “member” to the Sewage and Wastewater Advisory Committee (SWAC) and District Hydrologist, Michael Johnson as “Alternate Member” to SWAC
    
    Karl stated that this was a technical advisory committee made up of most all the cities in Clark County, including Mesquite; that Mesquite’s Public Works Director Bill Tanner also served on this committee; and that it would be beneficial for Ken to also represent the VVWD on this committee. Ken commented that he was dual certified in water and wastewater; and with the cooperative nature that we want to establish with the City’s resources, it could be valuable to be involved with this as well and with Boomer’s suggestion that he take the lead, would be good as well. Boomer also stated that this was required by NRS to have a representative from the VVWD serve on this committee.
    
    Ted Miller made a motion to appoint General Manager Kenneth Rock as “member” to the Sewage and Wastewater Advisory Committee (SWAC) and District Hydrologist Michael Johnson as “alternate member” to SWAC. Karl Gustaveson seconded this motion and it was unanimously carried. 3-0
    
    4. Discussion & Action – Approve to Write Off Delinquent Accounts
    
    Sandra Raymaker asked how much we were writing off and how long we had been working on this. Sandra was informed that the amount was $80.46 and that the account was terminated May 28, 2009.
    
    Ted Miller made a motion to approve to write off delinquent account 2730.7 for $80.46. Karl Gustaveson seconded the motion and it was carried unanimously. 3-0
    
    7. Discussion & Possible Action – Consideration to authorize and schedule auction of remaining 88 Mesquite irrigation shares and 2 Bunkerville irrigation shares
    
    Karl questioned Boomer and asked if we needed the Bunkerville shares for the secondary system, and Boomer stated that we have full title to another permit that can be moved to the secondary system and these two shares were available to lease. Ken stated that the District held an auction and only one person attended and only bid to lease 80 Mesquite shares for Black Gaming, LLC and 20 Mesquite shares to Oasis Golf Course, both at $300 per share. Ken further stated that later that afternoon we were contacted and asked if the remaining shares could be leased and this item was put on the agenda to advertise and lease out the remaining 88 Mesquite shares and the 2 Bunkerville shares. There was further discussion as to how long to advertise and when to hold the auction to lease the remaining shares.
    
    Karl Gustaveson made a motion to advertise for a two week period starting with an ad this Friday for the District to hold an auction to lease 88 Mesquite irrigation shares and an additional 2 Bunkerville irrigation shares from the District on August 17, 2010 at the District offices at 10:00 a.m. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    8. Hydrologist’s Report
    
    Boomer had included a written report and also stated that he has been working on finalizing the Virgin River Habitat Conservation & Recovery Program (VRHCRP) with comments due to US Fish & Wildlife by August 6, 2010 in preparation of printing documents for formal Notice of Intent and public comment.
    
    Boomer further stated that he was defining parcels with water rights held by VVWD as right of ways with the BLM within the Gold Butte ACEC and future parcel areas for water resources critical to future operation to VVWD for proposed formation of the Gold Butte NCA and that he has been working with The Furman Group and Robcyn, LLC to finalize these parcels.
    
    Boomer had also included in the board packets under “correspondence” a letter received from the Division of Water Resources (DWR) stating that our applications previously held by SNWA that are1989 in priority and later that were protested, will require re-notification. The VVWD does not initiate that process; the State Engineer’s office will initiate that, but the VVWD is responsible for these fees.
    
    Boomer further commented on water quality and that the annual compliance sampling had been conducted and that we were winding down on arsenic compliance sampling.
    
    Boomer also received a draft agreement from the Bureau of Reclamation (BOR) to revise grant agreement authorized by U.S. Congress in the amount of $1,376,000 for installation of a prototype horizontal collector well for diversion of VVWD surface water rights as a pre-treatment method to use Virgin River water as a future potable water supply.
    
    9. General Manager’s Report
    
    Ken had included a written report with projects and tasks that have been accomplished or that he is working on. Ken further stated that an employee had suggested that we set up a food bank receiving bin in the lobby if that was acceptable to the board. Ken also mentioned that he would be meeting with Mayor Holecheck on Friday. Ken also stated that he would be updating a report for the City of Mesquite and meeting with Aaron Baker and that he would have a new GM Statement on the website.
    
    10. Discussion & Possible Action – Discuss prioritization of projects before the VVWD as proposed by the General Manager
    
    Ken began by stating that it became apparent that there was lots of work to do here and plenty of interesting projects and lots to undertake and so within the course of the first few days, with help from staff, he drafted a list of projects and prioritized it to projects that would save the most money and have the biggest impacts at the top of this list; and then past that, things that would be good to have or help us long term. Ken stated that specifically, we have 10.8 million dollars in bond funds that we are currently paying interest on that we haven’t found any use for and it appears that there is no immediate use for those funds. The cost of those bond funds is a net $469,000 per year. Ken stated that these bond funds were to be used for certain capital projects, but feels that the board along with the manager and staff should consider whether to hold on to that much money and pay that much interest for the option of using it for something that we haven’t even determined yet. Other options to be decided is whether to move ahead with well #34 or perhaps rehab other wells that would cost less money and be fiscally more responsible at this time.
    
    John Paul questioned if we would lose anything, as grant money, if we neglected to drill well #34 at this time. Ken stated that the casing had already been purchased, but that it was durable and could be covered and stored until needed. Ken stated that we didn’t require the capacity now and there were other ways that could be more efficient to run the system. There continued to be a lengthy discussion regarding well #34 and costs already spent, and future costs to drill and develop, grants, etc. There was further discussion regarding the ACOE grant and drilling well #34 but leaving it undeveloped.
    
    Karl stated that he would like to see item #1 regarding the 2008 bond funds back for the next board meeting and make some decisions on that. Karl further stated that he wanted us to move forward with the rate study.
    Ken stated that he also thought drilling under the freeway and looping the system would be more beneficial and to bring water from the lower zones and add booster pump station(s) and move the water up to higher reservoirs.
    Boomer stated that we needed to look at the aquifer recharge project that was not included on the list.
    
    Karl further stated that he thought Bowen & Collins should come to the next meeting and inform the board where we were at with the rate study. John Gleave stated that Bowen & Collins were waiting on CIP numbers.
    
    11. Public Comment
    
    Morris Workman with Mesquite Local News questioned the amount that the 80 and 20 shares leased for and was informed that all went for $300 each.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 4:08 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-08-03 (.pdf 21.K)
  - 2010-07-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JULY 20, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 20, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Ken Rock District General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:04 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon questioned Boomer if he had a presentation regarding item #5 and Boomer stated that he had prepared a memorandum with information regarding this item. Mark McEwen also requested that item #4 be pulled from the consent agenda.
    
    Kenyon Leavitt made a motion to amend the agenda moving item #9, Hydrology Report to be heard before item #5; to pull item #4 from the consent agenda and to approve items 1-3 on the consent agenda as listed below. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item #9 moved to be heard before item #5 and item #4 pulled from the consent agenda
    
    2. Discussion & Action – Approve Minutes from 7/6/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for May 2010
    
    ** End of Consent Agenda**
    
    4. Discussion & Action – Approve Bills Paid
    
    Mark had questions on the procedure for the paying of bills and questioned if there was not a way to see and approve the bills before they have actually been paid. Mary and Kenyon explained that the policy is that no bills are paid without the General Manager approving them first, or if they are over $2,500, (and not a monthly bill for the maintenance and operation of the facilities, professionals’ monthly statements or bond payments, etc.), they are brought before the board for
    approval before ordering.
    
    Mark McEwen made a motion to approve the bills paid in the amount of $201,863.01. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    9. Hydrologist’s Report
    
    Boomer had supplied a memorandum to the board with background information and the District’s history on subsurface diversions for existing and future use of Virgin River water and the purchase of 5 acres associated with the Virgin River 140, LLC. Boomer stated that three monitoring wells, approximately 100 feet in depth and completed in the Virgin River alluvium have been drilled and are included in the Hydrologic Monitoring and Mitigation Plan (HMMP). Two of the wells are located on private land owned by Cedar Development Company LLC through an easement and the other collector well is located near Bunkerville Well #2 within the public easement.
    
    Boomer further explained how and where the secondary collector well to divert Virgin River surface water was installed and the funding that was made available for construction; the ownership of the properties and easements on these properties; and the water quality of the secondary system.
    
    Michael further informed the board that under the current BLM, Las Vegas Field Office (LVFO) Resource Management Plan (RMP) the area downstream of Bunkerville to the Riverside Bridge 85 is part of the Virgin River ACEC, in which site type facilities are not allowed; and that there is virtually no location to divert the surface water to serve future development with the exception of the private land downstream of the Riverside Bridge. The NDOT Right-of-Way is one of the few areas that can cross the Virgin River and that several points of diversions and existing water rights held by VVWD are anticipated to cross the Virgin River in the NDOT Right-of Way. Boomer further informed the board of the costs expended thus far on this 5-acre parcel.
    Boomer continued to explain that the monitoring wells have been a critical part of the Virgin River Hydrologic Monitoring Mitigation Plan (VRHMMP); the process of VVWD and BOR drafting a new cooperative agreement and funds of 1.3 million available for the installation of a horizontal collector well that is an important diversion structure for VVWD supplying water resources to the western portion of the service area that could also be installed on this 5-acre parcel.
    
    Kenyon questioned the easements and there was further discussion regarding the easements required for the District to utilize the parcel. Bo stated that the District needs an easement agreement and we need the ingress and egress path and the legal description that will be recorded with the County Recorder to include that all of the utilities will follow the same path. Bo further stated that he sees that the District has one shot, and one shot only, to get everything into this agreement that we will need now and in the future. We will need all of the utilities and all other uses of the property, everything that is conceivable, that we get it now with this agreement and then we record this agreement against the property and this way it will be binding not only on Virgin River 140 LLC; but also David Belding if he forecloses on the property and any future property owner that may take over this property. It was also discussed that the path should be a straight shot in lieu of the current path for entrance.
    
    Ted questioned the funding available through the BOR and Boomer explained that with the new agreement he was working on, there will be 1.3 million available to the District and that the District’s portion would be 25%.
    
    Boomer continued with his hydrologist report not related to item #5 and stated that he has been working with Robcyn and the Furman Group on the Gold Butte Area (GBA) and making sure that all District facilities and water rights in the GBA are all identified and taken back to DC for use in Federal Regulations.
    Boomer reported on an earlier meeting with the Virgin River Habitat Conservation & Recovery Plan (VRHCRP) and trying to get that document finalized.
    
    Mark McEwen requested that Boomer submit his Hydrologist Report with the packets in lieu of handing them out at the board meeting. The board members would like time to review the report before the meeting.
    
    5. Discussion & Possible Action – Discuss the status of the transaction with Virgin River 140, LLC (“VR 140”) and the existing agreement for the Virgin Valley Water District (VVWD) to purchase 5 acres from VR 140. Possible action could include amending the agreement due to Clark County declining to approve dividing out the subject 5 acres that was to be purchased by VVWD
    
    Mark commented that this issue was a long way away, but we needed to be prepared. Karl commented that he was not in favor of the location and feels that the District is in a bad position, but could lose the money already expended if we don’t try to utilize this location.
    
    Bo stated that based on the situation as he understands it this is in discussions with VR140 as well as David Belding through his attorney, Jim Morgan. VR140 has defaulted on their obligations on the note to David Belding; David Belding holds a trust deed and is going to foreclose on the property and if he does, it is unfortunate to us, he could attempt to wipe out the District’s interests in the property, but it is what it is at this point. Bo continued and stated that the District needs to mitigate the damage based on the unfortunate terms of the transaction and ultimately this could end up being a good project for the District, but from a legal perspective, if we do not do anything, David Belding will likely foreclose and because we have not yet recorded a sufficient legal document against the property at this point, that would be more harmful to the District. There was further discussion regarding the BOR and the District’s requirements and timeframe to secure the 1.3 million from the BOR for this project.
    
    Bo stated that because we do not have a recorded interest in the property and if it forecloses, there is no sufficiently recorded document from Belding agreeing to subordinate his interests to the District; but based on conversations with Jim Morgan, Belding is willing to subordinate that right at this time. Bo further stated that the District needs to delineate and finalize some of the easement issues, and when that is done and an agreement is prepared, we should get a signature from Belding.
    
    Kenyon Leavitt made a motion to go forward with amending our purchase agreement and making it an easement agreement until such time as they can convey title to the District; and because VR140 is still on the title to the property, we need VR140’s agreement and because Belding has a trust deed recorded against the property, we also need his agreement to subordinate his trust deed to us with the intention that we will have one document with all the parties to sign. Kenyon also moved to direct Bo Bingham to work with Ken Rock and Michael Johnson to prepare an easement agreement and authorize the general manager to execute the agreement between VR140, VVWD and
    David Belding to make sure that the District has finalized the scope of those easements on the 5-acre parcel and access to the 5-acre parcel for installation of a prototype horizontal collector well based on the record of survey as recorded in June by Bulloch Brothers Engineering.
    
    Karl commented that once the minutes were typed up that it be reviewed and approved by legal counsel so that it reflects the proper verbiage.
    
    Mark McEwen seconded the motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to Purchase Ten (10) Shares of Water Certificate Numbers 236 and A-173 from Janice Draskovich
    
    Kenyon commented that before any decision is made to purchase additional water we need to look at Ordinance II fees and the 2008 Bond and see what we’re going to do to alleviate debt. Kenyon further stated that he has always been in favor of purchasing water, but not at this date and time. Karl stated that he concurred with Kenyon’s comments and also commented on what is the “fair market value” of water shares and what we are actually going to offer when we purchase more shares and that the fair market value may have decreased by more than half with no one else purchasing water. A discussion of Ordinance II fees and the monthly obligations required from this fund and the 2008 Bond and what this money may be used for ensued.
    
    Kenyon Leavitt made a motion to not purchase this water at this time and to send a letter to Mrs. Draskovich regarding the District’s financial situation and that they may come back in six to eight months to see if things have changed so that the District may consider purchasing water at that time. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Approve Professional Service Agreement with TerraSpectra Geomatics for Geographic Information Services Not to Exceed the Amount of $15,000
    
    Boomer had included a memo and a draft professional services agreement with TerraSpectra Geomatics (TSG) and stated that we have utilized these services for an extended period of time. TSG is a woman owned small business and maintains the existing digital coverages and numerous digital databases have been developed for the District to assist in making effective decisions regarding development of the water resources and address potential impact that increased development may have on the existing and future projects. The District budgeted $15,000 for fiscal
    year 2010/2011; having cut this amount from $25,000 in the past and page 9 of the agreement should be changed from $25,000 to $15,000. TSG holds all the District’s GIS information and reports digitally, but they are owned by the District.
    
    There was further discussion regarding TSG services and the need for these services.
    
    Bo’s legal comments included that the board should make a finding that this is a
    professional services agreement for purposes in the minutes and is not required to go through the bidding process as other contracts; page 9 & 10 should be changed from $25,000 to $15,000; page 3, paragraph 4.6 should be changed from “MANAGER” to the “District”; page 5, paragraph 9.2 contains good indemnifications stating that the District is the owner of all originals, products,
    correspondence, exhibits, etc. and able to terminate with 30 days notice; the scope of work is not very substantial, but as long as Ken and Boomer are delineating what the scope is, it should be okay.
    
    Mark McEwen made a motion to approve Professional Services Agreement with TerraSpectra Geomatics; that we specifically say that on pages 9 & 10 will read $15,000 and not $25,000; that page 3, paragraph 4.6, page 4, paragraph 7.9 (7.6[sic]), and the scope of work be reviewed by counsel before agreement is signed; and that we have our General Manager and Hydrologist closely monitor the funds that are being spent there. Karl Gustaveson seconded this motion and it was carried by a vote of 4-1 with Ted Miller opposed. 4-1
    
    8. Interim General Manager’s Report
    
    Pete had included a short report thanking the board and counsel for being so supportive during this period and that the leaks had been picking up with the rise in temperature.
    
    10. Public Comment
    
    Sandra Raymaker suggested that the District close one day a month to reduce costs.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 4:45 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-07-20 (.pdf 23.K)
  - 2010-07-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JULY 6, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 6, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt was not present however was participating via telephone. Also present were Kenneth Rock District General Manager, William “Pete” Peterson Interim General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Valerie Martinez taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Karl Gustaveson offered a Prayer and Mark McEwen led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 6/15/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $425,132.03
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Dell Computers - $4,572.14.00 – Two Computer Systems
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Discuss the status of the transaction with Virgin River 140, LLC (“VR 140”) and the existing agreement for the Virgin Valley Water District (VVWD) to purchase 5 acres from VR 140. Possible Action could include amending the agreement due to Clark County declining to approve dividing out the subject 5 acres that was to be purchased by VVWD
    
    Ted asked if there were questions for Bulloch Brothers as a representative of Bulloch Brothers was present. Victor Campbell came forward to answer any questions asked by the board. Bo asked that in the event that the Board approved the agreement tonight that the legal document will need to contain all needs of the Water District. (I.e. waterlines, utilities ingress and egress easements). Bo said he wanted an open discussion to make sure we are clear on what was needed to be included in the document. Victor said that whatever legal counsel wanted in the document would be what was needed to protect the rights of the water district; that on the record of survey the only easement called out was an ingress and egress, but that other needs could be negotiated with the owner. Bo inquired of Victor what other needs maybe needed. Victor said Michael Johnson would be more appropriate in that discussion. Michael said there was a 30’ easement for waterline, ingress and egress would need to include power, and telemetry. Ted said he was of the impression that the board was going to table this item for two weeks until there was a better idea of the value of the property. Karl said he had a question for Victor, the purchase of this property started in 2008 and what has held up the closing is the re-parcel of this property. Karl asked why it has taken so long and what is the time frame that is anticipated for completion? Victor responded in 1881 there was a fraudulent survey of this property, which included +/- 25 townships surveyed and that there is no evidence of this survey; in 2002 the BLM came in and suspended all the surveys. At that time the BLM had to survey to allow people to patent land and get it from the government. Currently the county is trying to buy the Meadow Land property but due to the surveys being suspended in that area they will not purchase it until there is a new survey. Victor anticipates it could be up to 5 years before the new survey is completed. The County Surveyor will not approve any land division until it is completed. The other issue is NRS states that the Virgin River being navigable water and that it discusses the high water mark and anything that lies within the high water mark is controlled by state lands; after numerous meetings and emails they have been trying to determine the state boundary with this land. Victor stated that this property is a complicated piece of property. Karl clarified so it is possible that the district may obtain a piece of property that they may not gain a deed for on for 5 years. Karl then inquired as to if this was what happened with the City’s parcel that was also purchased in this area. Victor said that the City’s parcel was within the city boundaries and therefore the City had accepted the survey. Karl then clarified that this was the difference between working in the township vs. the city. John Paul then asked for any other questions. John Paul then called for a vote, however Bo then brought before the board that he was in discussions with the Attorney for the party that is holding the trust deed for this property and that time was of the essence for this property. Bo stated that they thought that by allowing this time they were doing the district a favor. They, being the individuals holding the trust that the property owned by Virgin River 140, appears they are in default. The attorney, for the individuals holding the trust, was going to contact his client and respond via email as to if they were going to grant the district a few more weeks to get answers about this property prior to the district spending any more money. Mark McEwen asked if they say no, what their other options are. Bo stated that because they own the trust deed they have the option to foreclose on this property and that is what they have indicated they will do, but because the district has spent significant amount of money on this property there would be some potential equitable relief that could be possibly obtained under the law. Bo stated he would rather see some time allowed and not have the legal fees. John Paul said we can table this item to the last item of the meeting. Karl let Bo know that while he was out that Victor had indicated that it could possibly be 5 years before there was a use of this property. Bo said that in the event that the board decided to move forward on this property the district would have to put in the agreement that the district had rights of use until title can be transferred.
    
    Karl said he was not comfortable making a motion on this item today.
    
    Board then moved further discussion and action to this item to the last item on the agenda.
    
    6. Discussion & Possible Action – Consideration to Approve Donation to VVHS & HMS Spirit Team
    
    Karl Gustaveson said that he would like some discussion on this issue and was not ready for a motion. Karl stated that when the budget was done this year they realized because of the budgetary issues the district was running a deficit and even though it is a wonderful use of money, it is also important to use the money to keep employees employed. Karl further stated that even though it was budgeted this year, with the economy as it is, he did not want to make rate holders subsidize donations.
    
    There was no further comment from board, no public comment and no motion. Item dies from lack of motion.
    
    7. Interim General Manager’s Report
    
    Pete included a written report informing the board that leaks have been spread out and not enough that it has been unmanageable. Walk through with MMC has been scheduled and is being taken care of. Pete didn’t feel that anything with the Conservation Policy needs to be changed at this time. Karl asks that he get a copy of the current Conservation Policy. Michael Johnson stated that it is available on the VVWD web site. The policy is submitted to the State and State Engineers (Water Resources) office. Karl asked if there was a date that the plan had to be implemented on. Pete said it is already implemented, just that restrictions are not implemented at this time. Pete said it does state specific steps to take if there is a shortage. Pete asked for a direction for the possible lease of the River View LLC 188 acres water shares, board gave staff direction to advertise for the possible Lease of said shares.
    
    Karl and John Paul introduced the VVWD General Manager, and made a special thanks to Pete for filling in during the interim and for the great job he has done.
    
    General Manager Ken Rock applauded Pete for the job he has done. He also commended the staff and the job they have done on their own with the direction from Pete and that they have been able to take care of business. He said he will do the best he can to make a stronger and better district by using all of its virtues. Ken Rocks official first day will be the 26th of July.
    
    8. Hydrologist’s Report
    
    Michael handed out his written report and also informed the board that he did go back to DC and met with the congressional delegation on reauthorization of the Rural Nevada 595 Army Corp with the brief summary of the aquifer recharge project and did discuss some of the issues with the Gold Butte NCA. Michael had the opportunity to spend a day with all the congressional delegation members and Dean Heller’s staff. Michael stated that the District has some water quality sampling coming up for the disinfection byproduct rule, which is required in the summer months. Michael stated that the district’s water well operation is currently at a weekly average of 8.2 million, at this time last year we were at 13 million gallons weekly. The district is operating off of 5 wells; reservoir storage capacity is currently at 59%. Michael’s update on Well 34- We do have money with the Army Corp that has been authorized for the arsenic treatment plants and with the left over balance we can use it towards well 34. The specifications are at 95% complete and will have the specifications off to Army Corp by the end of the week to see about funding for the drilling of well 34 which is about a mile north of the reservoirs in Lincoln County. Michael reported that the Habitat Conservation Recovery Plan Executive Committee will be on July 20th in Las Vegas to review those documents and the implementation. Michael reported that there was nothing new with Gold Butte. Michael reported that the national conservation area beaver dam wash has no updated status and it could be years in establishing a resource management plan for it. Ted Miller inquired as to if there were still problems with Well 30. Michael said we did turn it on and we were having problems with high amps, Michael said it kicked out at a 150 amps. Ken Rock asked Michael about the Triltalomethanes (TTHM) and Haloacetic Acids (HAA5) and if we have ever shown anything on this. Michael said no because of our ground water source, but that the district still has to go through that disinfection byproduct rule analysis. It’s all lower than actual standard, but we still have to collect and submit results. Ken Rock wanted clarification on the Half Way Wash project (prototype horizontal collector) and if the district already had the property for this. Michael informed him that that property slated for this was the Virgin River 140 property on the agenda tonight.
    
    9. Public Comment
    
    Morris Workman asked what the amount was for the donation for the VVHS and HMS Spirit Team. The amount requested was $2,000.00. Morris Workman also asked where the location of the 5 acres is and what was the reason it was purchased? John Paul clarified it has not been purchased. Michael said it’s for the Horizontal Collection Well and it’s located near the intersection Gold Butte Road and State Route 170 on the left bank of the River in the river bottom to utilize our surface water rights.
    
    5. Discussion & Possible Action – Discuss the status of the transaction with Virgin River 140, LLC (“VR 140”) and the existing agreement for the Virgin Valley Water District (VVWD) to purchase 5 acres from VR 140. Possible Action could include amending the agreement due to Clark County declining to approve dividing out the subject 5 acres that was to be purchased by VVWD
    
    Bo reported that he had talked with Mr. Morgan (attorney) and he indicated that he had tried to get in contact with his client and was not able to.
    
    Ted Miller made the motion that this item be tabled for two weeks for the July 20th meeting. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    10. Adjournment
    
    President John Paul adjourned the meeting at 3:44 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-07-06 (.pdf 21.K)
  - 2010-06-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JUNE 15, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on June 15, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were William “Pete” Peterson Interim General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:05 p.m.
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below with direction to staff to ensure that Kolesar & Leatham’s invoices have included the modified fee arrangement applied before paying. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 5/20/10 Special Meeting
    
    3. Discussion & Action – Approve Financial Statements for February, March & April 2010
    
    4. Discussion & Action – Approve Bills Paid - $803,432.41
    
    ** End of Consent Agenda**
    
    5. Discussion – Presentation by RBF Consulting on the Draft Aquifer Recharge Program
    
    Boomer introduced the item stating that this was a final “draft” report of the Storage Feasibility Study conducted by RBF Consulting and that they have met with the ACOE in Los Angeles regarding continuation of the study and funding available for the project. Dr. Steve Webber with RBF Consulting conducted the presentation. Dr. Webber stated that this was in “draft” format because they cannot finalize document until funding elements with the ACOE has been established. Dr. Webber stated that his firm was hired to look at developing storage opportunities for Virgin River waters that are currently under permit with the District and looking forward with three objectives with their purpose statement. They looked at various sites that they could store Virgin River water within the shallow aquifer, which they define the shallow aquifer being from surface to less than 500 feet in depth. They also looked at direct injection or rapid infiltration as ways to store the water. They looked at a number of sites and narrowed the sites down to five to be considered for storage sites. Dr. Webber explained their Ranking Matrix or the evaluation criteria for each site, each being able to score a total of 1000 points. Dr. Webber then went through each site and the pros and cons of each of the sites and how they ranked. Dr. Webber further stated that after looking at the options, they felt that direct injection was the least cost effective for the District. After ranking the sites, they looked at how to move forward with the project and after working with District staff, they felt the easiest way was to seek federal funding. They believe the 595 Fund Program would work the best, but that there is other funding also available. The ACOE considers this a high ranking project for the State of Nevada. There was further discussion on moving forward with the project and what the next steps would entail. Dr. Webber then answered all questions asked by the board of directors.
    
    6. Discussion & Possible Action – Consideration to Authorize Entering into Agreement with RBF Consulting for Continued Investigation and Project Development of the Aquifer Recharge Program
    
    Boomer had included a memo with background information regarding this item and the previous agreement between RBF Consulting and the VVWD that had been forwarded to District Legal Counsel for approval. Boomer’s recommendation was to approve entering into a new agreement with RBF Consulting not to exceed $50,000 for continued work on this project. Bo Bingham stated that this was a professional services contract and not required to go through the bidding process.
    
    Kenyon Leavitt made a motion to authorize the Interim General Manager to execute Agreement with RBF Consulting for continued investigation and project development of the aquifer recharge program not to exceed $50,000. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration of and possible action to approve changes requested by the City of Mesquite to the proposed First Amendment to Cooperative Agreement (“Amendment”) between the Virgin Valley Water District (“VVWD”) and the City of Mesquite regarding the use and other governmental entities’ use of the communication facilities and equipment at VVWD’s Scenic tank site
    
    Bo stated that at a previous meeting the board decided to look into future communication needs of the District and didn’t know if this had been accomplished or if the County was willing to provide some assistance in this area and Mark McEwen stated that he was still working on this request. Bo further stated that the reason this issue was relevant was because we were looking into what kind of use the District may request of the City for that tower in the future and the City was willing to grant some limited use of the tower in the future. Tim Hacker, City Manager, expressed the City’s appreciation that the District’s legal counsel met with the City’s attorney, Fire Chief and himself and explained the intent of the amendments Bo had put together per the request of the board and that the City’s attorney has stated that the language is acceptable.
    
    Kenyon Leavitt made a motion to approve changes requested by the City of Mesquite to the proposed First Amendment to the Cooperative Agreement between the VVWD and the City of Mesquite regarding the use and other governmental entities’ use of the communication facilities and equipment at VVWD’s Scenic tank site. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to Augment Budget for Fiscal year Ending June 30, 2010
    
    John Gleave began by stating that all governmental agencies need to budget their expenditures per NRS. The District is a proprietary enterprise entity, like a business, and is different than the City of Mesquite and how they would augment their budget. John explained that it comes down to what you budgeted for expenses and the amount spent; and not whether you have funds in other accounts to cover the overage spent. John’s first estimate was 9.1 to 9.9 million in expenses and we budgeted 8.9 million, but now it seems to be a lot closer. John further stated that one option would be to do nothing since it is so close and we have done that in the past. It would come up in the audit report and the State would say that you should not spend more than what you budgeted for. John handed out work papers with his estimates where the District might be at by the end of the fiscal year and reviewed them with the board. The District’s biggest expense over budget is the contracted services and mainly legal. It was further discussed on the amount that we should augment for.
    
    Kenyon Leavitt made a motion to augment the budget for fiscal year ending June 30, 2010 for $300,000 towards operating expenses and direct staff to write up a resolution that agrees with that and to be signed by the President and Treasurer of the District Board. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration and possible action to accept or reject a recent settlement offer made by Vidler Water Company (“Vidler”) in connection with the public records litigation between Vidler and VVWD
    
    Ted Miller made a motion to reject the recent settlement offer made by Vidler Water Company in connection with the public records litigation between Vidler and VVWD. Karl Gustaveson seconded the motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration of and possible action to hire Kenneth Rock as the new VVWD General Manager. If the action is approved, consideration and possible action to determine Mr. Rock’s salary within the range previously determined by the board, paying for moving expenses, benefits, employment status, and other terms related to such hiring as the board may determine. Pursuant to the requirements of NRS 241.033, notice is given that this is an item that could involve a discussion of Mr. Rock’s “character” and “professional competence” as those terms are referenced in the statute.
    
    Bo stated that Mr. Rock had signed a waiver to include in the District’s file as backup stating that he had been notified that the board could be discussing his character and professional competence per NRS. Karl reviewed the process and the people involved in this process of hiring a new General Manager. Karl further commented on Mr. Rock’s employment background and certifications and degrees. Karl further informed the board and public that he has met with Mr. Rock and Mr. Rock was willing to accept the position at the upper end of the salary range; Mr. Rock’s priorities seem to be the same as the board; and that Mr. Rock had asked if there would be any reimbursement for relocation. Kenyon commented on the process and gave a special thanks to the City and Mr. Mike Callahan for his assistance in the process. There was further discussion on moving expenses and what amount to allocate. John Gleave stated that you should make it a reimbursable amount so he did not have to claim the amount on his taxes. Mark McEwen stated that he personally did not believe we should pay for moving expenses because it set him above any other employee at the District. Mr. Hacker stated that it was customary for a position like this to help with relocation.
    
    Kenyon Leavitt made a motion to hire Mr. Kenneth Rock as the General Manager of the VVWD with a starting salary of $95,000 annually and that we pay 50% of moving expenses not to exceed $5,000; or in other words, the District will reimburse up to $2,500 for moving expenses. Ted Miller seconded the motion and it passed by a vote of 4-1 with Mark McEwen opposed.
    
    11. Interim General Manager’s Report
    
    Pete informed the board that he was on vacation all last week and Mary had included a Summary of Services from the POOL PACT regarding liability and vehicle insurance and that an individual has inquired about the recently purchased Bunkerville irrigation shares and wondered if these would be put up for auction. Mary also informed the Board that there were two other requests to sell irrigation shares to the District, but we were holding these requests until the Board has made a determination of the Ordinance II and 2008 Bond Funds.
    
    12. Hydrologist’s Report
    
    Boomer distributed his written report and also stated that he had been on vacation all last week. Boomer informed the board that the 51 applications that were re-filed on February 1st had been protested by federal agencies, Lincoln County Water District/Vidler Water Co. and some individuals. Boomer will be traveling to Washington D.C. and meeting with Congressional delegation on Rural Nevada 595 Funding for the Aquifer Recharge Project this week. Boomer also stated that Aaron Bunker had compiled the necessary information and had produced our Annual Water Quality Report that would be mailed out later this week. Boomer further stated that well #31 has been in line for over one year and in compliance with the new arsenic standards. Pete further elaborated on the fact that the Annual Water Quality Report for 2009 only had six months of arsenic samples and shows that the District was not in compliance for the entire year, but that all water being served is well below the arsenic mandates at this time. Boomer also stated that there was a meeting tonight at 6:00 regarding the Beaver Dam Wash NCA.
    
    13. Public Comment
    
    Morris Workman with the Mesquite Local News questioned what the settlement offer was on item #9. Bo informed Mr. Workman that this was related to ongoing litigation and was unresolved.
    
    J.D. Frisby with the Beaver Dam Water Company (BDWC) commented on items 5 & 6 and stated that the BDWC was all for keeping the water in the valley, but that they were concerned about the quality of the water going back into the aquifer.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 5:08 p.m.
    
    NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-06-15 (.pdf 21.K)
  - 2010-05-20: Special Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MAY 20, 2010
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on May 20, 2010, at the Virgin Valley Water District Office at 1:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt and Interim General Manager, William “Pete” Peterson were not present. Also present was Michael “Boomer” Johnson Chief Hydrologist arriving at 1:20, Bo Bingham District Legal Counsel, and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 1:05 p.m.
    Karl Gustaveson offered a Prayer and Mark McEwen led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller stated that he had questions on 4A regarding Sundance Helicopters. Karl Gustaveson then asked if they should just pull the entire item “4” because he had questions on both 4A & 4B and hold until Boomer was present to answer questions.
    
    Ted Miller made a motion to approve the consent agenda as listed below with item “4” being pulled and held until Michael Johnson arrives. Karl Gustaveson seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 5/4/10 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $519,893.12
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Sundance Helicopters – Estimated $9,000 – Site Visits
    b. Lincoln County Transfer Fee - $13,925.10 – 1,392.51 AF Pumped from Lincoln County – Pulled and to be heard after Michael Johnson arrives.
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Public Hearing on Tentative Budget and Approval of Final budget for Fiscal Year Ending June 30, 2010
    
    David Waite with Draper & Gleave was present sitting in for John Gleave, District CFO, who was unable to be present and asked the board if they had any specific questions. Karl asked David for an explanation of the budget showing a deficit of six million and even with that number reduced the District will be using 1.3 million dollars of reserve money. David explained that the net cash for the entire year was roughly a negative 200,000. David further stated that the beginning balance of cash in the fiscal year is 1.3 million; less the $195,919, so yes in that way, on a cash side, not on an accrual side, we are budgeting a loss of $200,000, which will eat into our current cash balance. Karl further stated that he was concerned that we were not budgeting on its own merits and we were using reserves. Ted stated that we need to cut $300,000 plus to get out of the red.
    
    John Paul opened the item to the public. Sandra Raymaker commented that she was concerned that the board was approving a budget with a deficit and would the new GM be aware of this when they are hired. George Misnik commented that Mr. Miller’s comment that budgets are a joke and stated that the District should do a strict budget. Karl commented that Government budgets are different than family budgets and that after the new GM is hired he can go through the O&M expenses and make some decisions to change at that point. Ted commented that the District has a 43 million dollar debt that was to be paid from growth, so the District has over $300,000 a month in interest payments.
    
    Mark McEwen commented that he is looking at this from outside the process because of work. He further stated that there has been an external storm with economy and an internal storm that the board has had to deal with, but feels that things will become easier as we work through this and continue to look at with the new GM.
    
    Ted Miller made a motion to approve the final budget for fiscal year ending June 30, 2011 and to continue to work towards getting a better balance by lowering expenses and working with the new general manager to get through this “slump” that we’re going through. Karl Gustaveson seconded this motion and it was unanimously carried. 4-0
    
    6. Discussion & Possible Action – Consideration to Purchase One (1) Mesquite Irrigation Share from Staci Frei – Requested by Staci Frei
    
    The District previously purchased one of Staci’s shares from certificate No. 138 for $65,000 and she was asking to sell the other share from this same certificate. Boomer mentioned that these shares were currently leased by SNWA through 2011 and that we could get cash associated with the lease. Her payment would be assigned to us and SNWA would initiate the paperwork. Boomer further stated that he felt the District should always purchase water if the money is available for future use. There continued to be a discussion regarding the market value of water shares; funds available for purchasing water shares; and monthly payments that the District must make for previously purchased water. After further discussion on estimating how long until the District begins to collect more Ordinance II fees and what the 2008 Bond would be used for, it was thought that it may be better to table this item until more information was presented.
    
    Karl Gustaveson made a motion to table this item until the next meeting. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    7. Discussion & Possible Action – Consideration to Purchase 2,568 AF from the Lemmon Valley/Stead Areas – Requested by Louis M. Hicks, Advisor Sperry Van Ness/The Kase Group
    
    Boomer stated that this offer had come into Mary and that they had requested to be put on the agenda. Boomer further stated this was located in the Reno area and he had not checked on the validity of the water rights and that it would be environmentally difficult to do anything with this water. Ted questioned if we could purchase and then resell and Boomer stated that you cannot speculate on water.
    
    Ted Miller made a motion to not consider purchasing 2,568 AF of water from the Lemmon Valley/Stead Areas. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    8. Discussion & Possible Action – Consideration to Determine an Amount and Approve a Travel Reimbursement to General Manager Candidate(s) for Personal Interview with the Board if Coming from Out of Town
    
    Karl stated that in the telephone interviews, it was asked of each applicant if they were willing to come to Mesquite for a personal interview at their own expense if the District didn’t provide any funds, and every one answered “yes” immediately, so this was really not an issue.
    
    The item died for a lack of a motion.
    
    9. Discussion & Possible Action – Consideration to Approve Reimbursement to Michael Winters for Dental Claims not Covered by Best Life – Requested by Kaye Winters
    
    Mary informed the board that she had spoke with Kaye and Pete had spoke with Mike and neither would be at the board meeting, but that they didn’t want the item pulled from the agenda. Bo stated that he had reviewed various documents regarding the issue of termination and could find nothing specific stated about insurance benefits. John Paul asked if we obligated ourselves to pay three (3) months of insurance coverage. Bo stated that we had not unless Mark’s intent was that when he made the motion on February 2nd and Bo continued to read the motion made by Mark on February 2nd. John Paul questioned Mark and asked if his intent was to continue insurance also and Mark stated that he did not. His intent was that Mike Winters receive three (3) month’s severance pay. Karl commented that if the dental service was pending, we may be obligated, but since service occurred after termination, we were not obligated to pay.
    
    Mark McEwen made a motion to not approve reimbursement to Michael Winters for dental claims not covered by Best Life as requested by Kaye Winters. Karl Gustaveson seconded the motion and it was unanimously carried. 4-0
    
    10. Discussion & Possible Action – Consideration to Allow the Pulte Group to Transfer Three (3) Meters Paid for in Other Areas for Landscaping and Never Installed to the Tanner Cove Subdivision – Requested by Pulte Group
    
    Mary explained that the Pulte Group paid for these three meters for landscaping, but that they have never been installed at any location and that these were not for residences where they become real property and according to the District’s Rules & Regulations cannot be moved. Bo stated that the board should be aware that there is language in the District’s Rules & Regulations that states meters are non-transferrable and remain with the property; but so there is no confusion, we may want to explain why this is different. Karl stated that these meters were designated to common areas and not deeded lots where they would not be able to be transferred.
    
    Karl Gustaveson made a motion approving to allow the Pulte Group to transfer three (3) meters paid for in other areas and intended to be used for landscaping and not homes; but never installed to the Tannery Cove Subdivision. Mark McEwen seconded the motion and it was carried unanimously. 4-0
    
    11. Discussion & Possible Action – Consideration of the Status of the VVWD Ranney Well Project and the Status of a Possible Grant for Such Project. Possible Action may Include Direction to Continue Working with the Bureau of Reclamation, Possible Entering into a New Agreement Before the Existing Agreement Expires in June 2010, and Taking Other Necessary Steps to Complete the Project and Obtain the Grant – Requested by Karl Gustaveson
    
    Karl stated that another concern he has is capital projects and funding and this project was budgeted to be paid from the 2008 Bond and he would like an update as to where we are and whether we actually need this. Boomer commented that the actual agreement we have with the BOR does not expire until September 30, 2010. Boomer stated that he is working on a cooperative agreement for funds as established by congress. Boomer further stated that costs associated with the purchase of property was not in the first agreement and by entering into a new cooperative agreement with BOR we can bring in the costs of the property; the five acres on Riverside and we will receive credit for that purchase. Different entities fiscal years’ were discussed. Karl asked how important this was to us and why we were doing it. Bo stated that the budgeted costs of this project were 3.2 million and BOR would fund up to 1.3 million leaving a shortfall that the District would be required to fund and this would come from the 2008 Bond.
    
    Boomer explained how this project came about from 2002 and being partnered with SNWA scheduled at Half-Way Wash and since SNWA is able to wheel water through the Colorado River, SNWA is no longer interested in Half-Way Wash. Boomer further stated that this would be for use in the future.
    
    There continued to be a lengthy discussion regarding time-frame; membrane filtering; the location and able to recharge and bank water; diverting water and possibility of other governmental
    agencies involvement.
    
    Bo stated that a number of things needed to be done before the September 30th deadline. From the BOR standpoint, some things that need done are updating the project map, partial budget summary level and testing. Bo further stated this will take time; and to also keep in mind how much money has been spent to date.
    
    Karl stated that he felt we should move ahead and do the things that the BOR has stated that we need to do and to look for additional monies to help fund projects.
    
    John Paul opened the item for public comment. Ted had questioned whether this was part of the rate study and Mike Chandler informed the board that this was not part of the rate study, but could be part of the Master Plan Study. Mr. Chandler further commented on costs for treating the Virgin River water. Robert “Bubba” Smith commented on the water purchased by the District and its future use and costs associated with treatment of the water. John Paul commented on seasonal water and if we are to use seasonal water we will need a spot to “park” it. Mark asked about costs in the new fiscal year if we move forward and Boomer stated that we would have some environmental fees, probably no more than $100,000.
    
    Mark McEwen made a motion to direct staff to continue working with the Bureau of Reclamation with the possibility of entering into a new agreement before the existing agreement expires on September 30, 2010. Karl Gustaveson seconded the motion and it was passed unanimously. 4-0
    
    12. Discussion & Possible Action – Consideration of the Status of Well 30 and What Actions may be Necessary to Bring Well 30 into Production. Possible Action may Include Direction to VVWD Staff to take Appropriate Steps to Bring Well 30 into Production – Requested by Karl Gustaveson
    
    Karl stated that he has been studying the District’s well information and discovered that there has not been much production with Well #30; it’s the District’s most expensive well drilled and he wondered if the well would not produce and just wanted to be brought up to speed. Karl further stated that Boomer had called him and brought him up to speed, but that the rest of the board should be caught up also. Boomer informed the board that the well was drilled in 2000; we went through a serious of submersible pumps approximately every two years; and a very high horse power pump is used to bring the water up to the surface. Boomer further stated that he has met with the insurance company and that they may pay a portion of costs due to the pump failure. Boomer continued and stated that because we have to cycle that well, and because we did not use a Variable Frequency Drive (VFD), it comes on at one speed and that pulls in a lot of sand. We looked at a VFD, but at the time, the cost was not in the ballpark and we did not put one on. Knowing that well #31 is a bigger producing well and we do not have the issues with the horse power, it is cheaper to produce that volume of water so we don’t run #30 right now. We will wait until it heats up and the intent is to turn #30 on and leave it on. Water quality of the wells was discussed and costs of a new VFD. Boomer went into hydrological information as to why the well was drilled where it was.
    
    The item was opened to the public and Bob Draskovich suggested that Boomer pursue buying a VFD pump.
    
    Item died for a lack of a motion.
    
    13. Discussion & Possible Action – Consideration and an Informal Assessment of VVWD’s Possible Future Communication Needs. Possible Action may Include Steps that may be Taken Now in Order to Prepare for Future Communication Needs – Requested by Karl Gustaveson
    
    Karl felt that this item needed to be reviewed one more time since Metro, Highway Patrol and the County will have an Interlocal agreement with the City on their tower and they would be paying for all upgrades necessary and make it available to other governmental agencies; and knowing that there would be limited space on the tower; that we may want to reserve space now. Karl thought that they would aid us in doing a quick assessment and possibly have them look at what we have and what we may need in the future.
    
    Boomer commented that the District needs to make sure that under the agreement our communication is first and foremost protected and that no interruption occurs to our wells, arsenic treatment plant and radio system and that security issues are handled and to make sure our communication remains intact at that location.
    
    Bo stated that he had drafted changes to the agreement per the board’s direction and that the agreement is more protective to the District and the security aspects will be governed by Homeland Security and the other entities involved would be responsible for this. Bo also stated that he forwarded the changes to the City and that there will be a meeting next Tuesday. Bo further stated that he felt that the purpose of this item was to assess what our needs are and to determine whether or not we need to include in that agreement if there will be a specific spot in the tower for our use now, so we don’t have to revisit this matter in the future.
    
    The item was opened to the public and Tim Hacker, City Manager, stated that there was a lot to talk about next Tuesday and further stated that this was a City facility first and foremost and they were willing to work with the Water District, but if the District’s communications needs have changed dramatically, this was never intended to be a 50/50 split. Tim further stated that he was not at the last meeting and Chief Hughes has a different recollection of what occurred from what is proposed in the agreement sent from District legal counsel.
    
    Bo stated that he had reviewed the agreement and at the last meeting he had his notepad in front of him and he informed the board what changes he proposed and thought were warranted and the board agreed with every one of them. Bo further stated if there were other discussions that we needed to have, then we needed to have them. The City does not want to identify what entities are coming on the tower and Bo thinks that potentially this may create some legal implications for the District. Bo stated that there is some ways that we can work this out and that we can have the City fully responsible and the City must provide that contract to whatever governmental entities are coming onto the tower and acknowledging that they’ve seen the contract and realize that they cannot interfere with the District’s communication.
    
    It was discussed that the District still needs to assess our needs and determine if we need a space on the tower. Mark McEwen stated that he would interface with the County/Consultants personally and report back at the next meeting.
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Sundance Helicopters – Estimated $9,000 – Site Visits
    b. Lincoln County Transfer Fee - $13,925.10 – 1,392.51 AF Pumped from Lincoln County
    
    Boomer explained that we have gauges at high elevations and you can only reach a couple of the sites by helicopter and it is $1,800 per hour and estimated to take 5 hours to complete. We do this twice a year, in May and October. It is a budgeted item. It was discussed if some other helicopter service may be cheaper. Boomer stated that he could go out for an RFP for the next site visit.
    
    Mark McEwen made a motion to approve the purchase orders over $2,500 and to approve May’s visit, but to look at a RFP for the next visit on item 4a and to approve paying $13,925.10 to Lincoln County on item 4b. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    14. Interim General Manager’s Report
    
    Pete was not present due to arsenic plant problems. He had included a written report stating that he had gotten an accurate replacement costs for our complete piping infrastructure in response to a request from legal counsel to provide this information to POOL PACT so that they can come up with an estimate for coverage.
    
    15. Hydrologist’s Report
    
    Michael had not included a written report in the packet, but handed out his report to the board members at the meeting. Boomer stated that he has been preparing exhibits and coordinating activities with special legal counsel regarding the Vanguard pipe issues. Filed protest on Application Nos. 79356 and 79357 to divert underground water in lower Virgin River Basin by LCWD and Vidler Water Company. Boomer also stated that he met with the USACE in Los Angeles to pursue funding for the aquifer recharge project. He is working on the completion of the contract documents for drilling and development of VVWD No. 34 and has established contact with USACE for requirements necessary for funding the project. Boomer also reported on the Halfway Wash Project and upcoming meetings regarding Virgin River Habitat Conservation & Recovery Program and Gold Butte National Conservation Area.
    
    16. Public Comment
    
    George Misnik gave some background information on the Defend Our Desert Group and offered volunteer services if needed.
    
    Bob Draskovich commented on irrigation water.
    
    17. Adjournment
    
    President John Paul adjourned the meeting at 3:40 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Special Board Meeting Minutes: 2010-05-20 (.pdf 29.K)
  - 2010-05-04: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MAY 4, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on May 4, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Bo Bingham District Legal Counsel, William “Pete” Peterson Interim General Manager and Mary Johnson taking minutes and other interested parties of agenda items. Chief Hydrologist Michael “Boomer” Johnson was not present.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt stated that item number “5” should have the time of 1:00 p.m. be added to the date and time of the meeting on the 20th.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below adding that the meeting on May 20th will start at 1:00 p.m. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 4/15/10 Rules & Regulations Workshop Meeting
    
    3. Discussion & Action – Approve Minutes from 4/20/10 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $34,692.47
    
    5. Discussion & Action – Approve Changing Regularly Scheduled Board Meeting on May 18th to May 20th Held in Conjunction with Public Budget Hearing Scheduled per NRS beginning at 1:00 p.m.
    
    ** End of Consent Agenda**
    
    6. Discussion & Possible Action – Consideration of Proposed First Amendment to Cooperative Agreement (“Amendment”) between the Virgin Valley Water District (“VVWD”) and the City of Mesquite regarding use of, and access to, equipment and facilities existing at the Scenic, Arizona tank site and construction and installation of other equipment and facilities at such site. The proposed Amendment includes, among other things, provisions to allow additional governmental agencies to use the tank site. Possible action includes, but is not limited to, authorizing VVWD’s Interim General Manager and legal counsel to execute the proposed Amendment, disapproving of the Amendment, or directing VVWD legal counsel to negotiate revisions and changes to the proposed Amendment.
    
    Chief Derek Hughes for the Mesquite Fire Department stated that this item deals with the partnership between the VVWD and the City of Mesquite in communication and gave a short history of how the City’s tower was built on the District’s Scenic Site. The City has been contacted by numerous other governmental agencies desiring to also use the City’s tower. The agreement in effect states that only the City of Mesquite can occupy the tower and this is why they would like to amend the agreement to have other governmental entities to occupy this tower also. Chief Hughes further explained that all entities would pitch in and would assist in paying the power; and that they have some grant money to repair the roof, increase the power, upgrade inside and outside of building, fencing if wanted, etc. There would be no revenues made by the City and it would only be available to other governmental entities with only operational costs to be split.
    
    The City plans on doing Interlocal agreements between them and the other entities. Mr. Andy Gagliardl with Clark County Communications stated that this site was a key element they needed for their site communications and that they have grant money and would be willing to use the grant money to upgrade and revamp the site so they would be able to hit Utah Hill. There was further discussion regarding issues of splitting costs, security and entrance to the site, responsible party for permits and fencing.
    
    Bo stated that he has spoken with City Attorney and that point 7 would be changed so that it is not the District’s responsibility for any permitting issues and that there were a few other things to modify within the agreement. One of his concerns in the MOU (Memorandum of Understanding) was that specific governmental entities were not referenced in the agreement and Bo feels that they should be identified. Bo also mentioned that the air conditioner and generator would need upgraded and we could add this to the agreement and decide how to split costs. Bo further stated that he would like to beef up the indemnification language in the agreement so the District is not responsible for anything that may happen on the tower. The agreement states that the City must maintain insurance, but we may want to put the burden on the City and require them to make sure all other entities have insurance also.
    
    Mr. Jeff Yeagley with Metro Radio Systems Bureau explained that they wanted to increase security in the area and that they were willing to take on any burden or costs to see that this is accomplished. He also stated that there is an engineering study being conducted to even determine what will fit on the tower. There was further discussion about the 911 system and participants on the tower.
    
    Karl Gustaveson made a motion to approve the first amendment to cooperative agreement between the VVWD and the city of Mesquite regarding use of, and access to, equipment and facilities existing at the Scenic, Arizona tank site and construction and installation of other equipment and facilities at such site and direct legal counsel to modify legal adjustments to the verbiage in the contract as outlined by Bo Bingham during the meeting. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration of tendering a defense for Robert Smith, a former member of the Virgin Valley Water District’s Board of Directors, to the Nevada Public Agency Insurance Pool (“POOL PACT”) for the lawsuit brought in federal court by Rebel Communications, LLC against the VVWD, Robert Smith and others. Possible action may include, but is not limited to, direction to VVWD legal counsel to deliver a letter to POOL PACT tendering a defense for Robert Smith for such lawsuit.
    
    Bo commented that because this dealt with litigation that we should keep within specific issue and not speak about the facts of the case and save that for a litigation session. Ted stated he was confused since Bubba was on the board and being sued individually and didn’t the District have a responsibility to cover him since he was a member of the board. Bo stated that to the extent that Bubba was acting within his scope and course of his employment, then yes, he was covered and Bo has already made contact with POOL PACT on that and they do intend to provide a defense for him after they receive a specific letter from District’s legal counsel stating that in their legal opinion we believe that Bubba was acting within his course and duty of his employment and that the POOL PACT should provide coverage. Bo further stated that some other issues he just wanted to touch upon that besides being a board member of the VVWD he was also a councilman for the City of Mesquite and one thing he wanted to put into the letter is that Bubba’s involvement in the case stems from his involvement with the Water District and we will provide coverage up to that point. Kenyon asked about the City also providing coverage for Bubba as a councilman and Bo stated that yes he would be covered by the City and POOL PACT for his involvement as it relates to the City. Bo further stated that all parties listed as defendants would each be covered by their own attorneys by the POOL PACT.
    
    Kenyon Leavitt made a motion to direct legal counsel to submit a letter to the POOL PACT tendering a defense for Robert Smith. Ted Miller seconded this motion.
    
    There was question if verbiage should be included to state Rebel Communication and that coverage is only for while he was working under the Water District and Bo stated that he planned on adding that verbiage, but it could be included within the motion also.
    
    Kenyon Leavitt amended his motion to include that the letter should specify that Bubba’s defense only be for his actions that dealt with the VVWD and reference the Rebel Communications lawsuit. Ted Miller seconded the amended motion.
    John Paul called for a vote on the amended motion and it be was unanimously carried. 5-0.
    John Paul called for a vote on the original motion as amended, and it was unanimously carried. 5-0
    
    8. Interim General Manager’s Report
    
    Pete’s report informed the board that he really had nothing to report except that there has been a few service repairs. Karl questioned Pete and if he could give an update on well #30. Pete stated that it was not running at this time and as far as when it would be running, he would defer that to Michael Johnson. Karl requested that Pete obtain or have Boomer provide information and an update on well #30.
    
    9. Hydrologist’s Report
    
    Michael had not included a written report and was not present due to an accident in the family.
    
    10. Public Comment
    
    Morris Workman questioned what tower site was in question with the Interlocal agreement with the City and he was informed it sat on the Scenic Site.
    Kenyon also commented that there would be telephone interviews for hiring a new GM on May 13th.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 3:50 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-05-04 (.pdf 19.K)
  - 2010-04-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 20, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on April 20, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson and Board Members Ted Miller and Mark McEwen. Secretary-Treasurer Kenyon Leavitt was not present. Also present were William “Pete” Peterson Interim General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:02 p.m.
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Karl brought the board up to speed on the process of hiring a new general manager stating that the applicants had been narrowed down to seven for telephone interviews and that pool would be narrowed down to three for personal board interviews. Karl informed the board that if they had any specific questions that they wanted to be included in the process for telephone or personal interviews to e-mail them to him.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below. Mark McEwen seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 4/6/10 Budget Work Session
    
    3. Discussion & Action – Approve Minutes from 4/6/10 Regular Meeting
    
    4. Discussion & Action – Approve Bills Paid - $536,920.56
    
    5. Discussion & Action – Approve “Will Serve” Letters
    a. Tannery Cove Subdivision – 87 EDU’s
    Contingent upon meeting the Criteria to Ordinance II
    
    ** End of Consent Agenda**
    
    6. Discussion & Possible Action – Consideration of Possible Participation by the Virgin Valley Water District (VVWD) and Involvement in the Ongoing or Potential Litigation Against Formosa Plastics Corp., J-M Manufacturing company, Inc. and/or JM Eagle for Substandard or Defective PVC (Polyvinyl Chloride) Pipes
    
    Bo stated that this item was involved with litigation and the board could not give out a lot of detail in an open meeting. Bo further stated that JM Manufacturing is one of the largest manufacturers of PVC pipe in the world and Nevada is a large customer. Formosa Plastics provides resin and possibly other materials to JM Manufacturing and there has been a False Claims Suit that has been brought and legal has been contacted. Bo further stated that he has been in touch with the attorney general’s office, Susan Stewart, who is handling this case and since we are a Nevada governmental entity, the attorney general handles these claims on behalf of Nevada Political Subdivisions. Bo stated that what he is seeking and proposing is that the board gives their consent for the VVWD to participate in this litigation since staff has indicated that there is JM pipe in the ground and falls within this false claim that has been made and feels that it would be prudent for the VVWD to participate in this.
    
    Karl Gustaveson made a motion that the VVWD enter into a class action lawsuit against the Formosa Plastics Corporation, JM Manufacturing, Inc. /JM Eagle. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    7. Discussion & Possible Action – Consideration of Ongoing Possible Action with Respect to Litigation Involving Lincoln County Water District, Vidler Water Company, and the Nevada State Engineer and the Settlement Reached or Expected Between said Parties. Action may Include Direction to VVWD Legal Counsel to take Legal Steps to Contest the Settlement in an Effort to Protect VVWD’s Interests
    
    Bo stated that for the same reason as the previous item and many of the items on this agenda involve litigation and it would be inappropriate to discuss specifics publically, but legal counsel does need direction from the board on pertinent issues as they come up throughout the litigation. Vidler Water Company (Vidler) and Lincoln County Water District (LCWD) and the State Engineer have entered into a settlement agreement. Pursuant to that settlement, additional water has been granted to Vidler and LCWD. The VVWD has been involved as an intervening party or participant in contesting Vidler and LCWD seeking additional water because we felt that it could possibly have an impact on our senior water rights in this basin to the extent that these two basins are connected. Bo further stated that at this point the board could explore or direct legal counsel to explore options for contesting that settlement.
    Those options could include seeking an injunction, asking the court to stop that settlement; and that would be a significant task. As one alternative, the settlement agreement reached between those parties contemplates a monitoring plan whereby Vidler and LCWD pump water from the Tule Desert Basin and there will be an assessment on an annual basis and the VVWD can review that data. Our hydrologist would have input and at this point could see if there are impacts to our senior water rights. Bo stated that this monitoring plan is important because a lot of this is speculation as to what the exact impacts might be to the Virgin River Basin. As part of the public litigation, there were models that Vidler and LCWD put together to try to anticipate how much pumping could be done without imposing on senior water right holders. Bo continued to summarize and stated that there could be two options for the board to consider: one would be to seeking to contest the settlement agreement; and two would be to participate in the monitoring and monitor that data as it comes
    out as they pump this water. Bo further stated that he had contacted Michael Wolz, Attorney General, and spoke with him about the procedure and the administration of a protest we might engage in if we believe there has been an impact from their pumping to our senior water rights; and he confirmed to Bo that we would have a couple opportunities to do that as the monitoring data comes out. Bo proposed drafting a letter to him and/or the State Engineer confirming what had been discussed so that in the future we would have a document stating that we would have an opportunity to contest the data as it comes out and he stated to do so and to send it directly to the State Engineer and most likely we would receive correspondence indicating as much.
    
    There continued to be a lengthy discussion with questions asked by the Board regarding costs, the monitoring plan and its availability, monitoring sites, monitoring time frame and protesting data at a later date all answered by either Wade Poulsen, LCWD General Manager, Bo Bingham or Boomer.
    
    John Paul opened the item to the public with Robert “Bubba” Smith commenting.
    
    Karl Gustaveson made a motion to not contest the settlement agreement and to allow the settlement to take place with a strong monitoring plan and to direct counsel to send correspondence to the State Engineer asking them to confirm the conversation Bo and Michael Wolz had stating that data would be available and that the District would have opportunities in the future to contest if it is determined that the impacts are unreasonable. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    8. Discussion & Possible Action – Consideration of Retention of Robcyn, LLC to Serve as a Consultant Providing Professional Services to the VVWD and as a Coordinator and Liaison Between the VVWD and Federal Agencies and Entities, Including the Bureau of Land Management (BLM) the Department of the Interior and the U.S. Fish and Wildlife Service and Review of the Terms of a Proposed Retainer Agreement by Robcyn, LLC for such Professional Services. Possible Action May Include, but is not Limited to, Retention of Robcyn, LLC as a Consultant to the VVWD and Authorizing and Direction to the VVWD’s Interim General Manager to Execute the Retainer Agreement to Retain Robcyn, LLC as a Consultant to the VVWD
    
    Karl commented that this was voted on at the last meeting, but it is being brought up again to better identify what the purpose of this is, including not only the one specific issue brought up last time, but it is a wider issue and also includes the other agencies besides just the BLM.
    
    Mark commented that he was maintaining his previous view that he didn’t think we needed to hire this firm and that we had legal counsel to handle issues as they arose or to delay the hiring because of the current economy.
    
    Ted questioned time frame and Bo stated that because of litigation being filed and because of litigation, Rebel has requested that the court not do anything at this time until such time the court hears the case on its merits and an ultimate decision is made. Bo also stated that Robcyn, LLC is willing to modify agreement to where the board feels it is appropriate.
    
    There was further discussion and questions regarding time restraints and hiring at this time or waiting on litigation.
    
    Bo stated the highlights of the terms given by Robcyn: The first two months the District will be charged $10,000 and the balance of ten months, the District will be charged $5,000 each month; either party may terminate contract with thirty (30) days notice; Robcyn is saying that they no way represent or have any authority with the courts or other agencies and can in no way guarantee that they will achieve the result the District is hoping for; and the scope of work is more broad than just the Rebel issue.
    
    Boomer questioned the scope of work and who Robcyn would report to and their progress/accountability and receiving a summary of work completed; and Bo stated that the agreement does not state this, but that they will assist in anything that comes up.
    
    Mark again stated that he wanted to make his position clear on this and that he liked what the attorney said and that they will assist in more than one issue, but he still feels that Robcyn would not be much help within the first two months when they are charging $10,000.
    
    Bo commented that he wanted the public to be aware that the District would not be accruing legal fees on this because it will be covered by insurance through the POOL PACT.
    
    Ted Miller made a motion to retain Robcyn LLC as consultants to the VVWD and authorizing and direction to the VVWD’s Interim General Manager to execute the retainer agreement to retain Robcyn, LLC as a consultant to the VVWD.
    
    Karl questioned if we wanted to include in the motion that we receive a monthly detailed report.
    
    Ted Miller included in his motion to receive an itemized statement monthly. Karl Gustaveson seconded this motion and it was carried by a vote of 3-1 with Mark McEwen opposed.
    
    9. Discussion & Possible Action – Consideration of Issues Related to the City of Fallon’s Removal of the Water Tank they Purchased from VVWD in 2005 and which is Presently Located at the Site of VVWD’s Well #32. Action may Include Direction to VVWD Legal Counsel to take Reasonable Steps to Protect VVWD in the Event of Damage to Persons or Property During the Removal or Transport of Said Water Tank
    
    Karl asked to confirm that Fallon has volunteered to provide an insurance policy. Bo stated that yes they would supply the insurance policy and that this was going to be a simple issue. Bo spoke with the City of Fallon’s attorney and they will put in writing to indemnify the District of any contractor that goes on VVWD property to remove this tank.
    
    John Paul’s motion was to enter into an agreement with the City of Fallon and that they will agree to hold the VVWD harmless and indemnify the VVWD in the event that any liability arises against the VVWD. Ted Miller seconded the motion and it was unanimously carried. 4-0
    
    10. Interim General Manager’s Report
    
    Pet had not included a written report due to illness. Pete informed the board that we had a 10” line break by the Virgin River, but it was a transmission line and nobody was out of water and that this had been repaired. Also, someone ran over something on Leavitt Lane and this had been repaired.
    Pete also informed the board that the 2001 F-150 had been surplused earlier today and that the high bid was $1,651.11.
    
    11. Hydrologist’s Report
    
    Boomer had not included a written report. He informed the board that he has been working on and with the Tule Desert settlement and the initial legislative action. Additional comment letters have been posted on the State Engineer’s website, but it doesn’t look like there will be a special session.
    
    Boomer further stated that he has met with NDOT since they are looking for a site for an antenna site along with the Nevada Highway Patrol that will best suit them.
    There was an auction today for 64 Mesquite Irrigation shares and they leased for $538.74 per share to River View, LLC for one year.
    
    Boomer will be attending the Colorado River Symposium along with Karl on April 22, 2010 in Las Vegas and Boomer will also be giving a deposition on the Van Guard pipe case on this date also. Boomer will also be meeting with the ACOE in Los Angeles on the 26th of April regarding the aquifer recharge project.
    
    12. Public Comment
    
    Tim Hacker stated that he would like to compliment Supervisor Steve Tietjen and his crew for their work in repairing a broken water line in front of his house on Sunday.
    Morris Workman questioned the musical chairs in the State Engineer’s office and was informed that Jason King was appointed the position.
    
    Robert “Bubba” Smith stated that Robcyn, LLC would be beneficial to the VVWD.
    Vaughn Higbee introduced himself as a consultant for Rebel Communication and that he would be attending meetings and in contact with the VVWD. Karl commented that since a lawsuit had been filed by Rebel against the District that his contact should only be with the VVWD legal counsel.
    
    13. Adjournment
    
    President John Paul adjourned the meeting at 4:38 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-04-20 (.pdf 25.K)
  - 2010-04-15: Rules & Regulations Workshop Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    RULES & REGULATIONS WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 15, 2010
    
    Minutes of a Rules & Regulations Work Session of the Virgin Valley Water District Board held on April 15, 2010, at the Virgin Valley Water District Office at 1:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Mark McEwen. Also present were Eric Wilbanks District Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    1. Discussion – Review District’s Operating Rules, Regulations & Rate Policy and Discuss Proposed and Potential changes, Revisions or Amendments to Such Operating Rules, Regulations & Rate Policy
    
    John Paul opened the meeting at 1:01 p.m.
    
    John Paul began at the beginning on Section I and then went through each section one at a time. John Paul questioned Eric Wilbanks on the progress of Ordinance II which needs to be re-written and combined as one document and fees to be established. Eric stated that it hasn’t gotten too far since he was given the direction because of other pressing legal matters but within a couple weeks it should be completed.
    
    Karl Gustaveson stated that with hiring a new general manager that it may be wise at this time to hold changes on abeyance until the new general manager was hired. John Paul questioned whether that would be better or to have it in place and it would give him direction on District policy.
    
    Ted Miller questioned Ordinance II and why do we have it and what are we going to charge. There continued to be a lengthy discussion on the fair market value, purchasing price, growth, economy and leasing amount of irrigation shares.
    
    John Paul questioned Karl on the selection of a general manager. Karl explained and also thought that we should leave Ordinance II as is until the new general manager was hired and he/she had time to look at the ordinance and review.
    
    In Section V-Line Extension Agreement, Eric Wilbanks gave his opinion and thought that we needed to keep the Line Extension Agreement, but to call it a “Development Agreement”. He further stated that whether this form was used would be determined on a case by case basis. Eric was also directed to break up number 11 in this section to make better sense.
    
    Kenyon questioned paragraph 2 of Section VI-1 and it was decided that the meter installation fees would be for the meter only and any other parts, etc. was the responsibility of the developer. Direction was given to legal to look at and revise.
    
    Section VII-Payment of Bills, changes submitted were reviewed and a discussion regarding the credit cards ensued. Eric stated that you could not legally charge extra for credit card use, but that you could put a cap on the amount you would accept. Credit cards were further discussed and it was decided that American Express and Diners Club cards would be eliminated and that only water bills under $1,000 could be paid by credit card. Kenyon Leavitt gave further direction to check and see what costs would be to change the web, but that it should be no more than $1,000.
    
    Eric also stated that he wanted to work on the verbiage in the “Drop Box” section and add pick-up times.
    Under Section VII-2 Delinquent Bills it was discussed and legal was directed to soften the verbiage of paragraph one.
    
    Section VII-5 Illegal Restoration of Service was discussed and if someone restores their service without the District’s consent, they will be charged $150 in lieu of the verbiage listed.
    
    Section VII-8 Liens was discussed at length. Eric stated that he would like to mirror the District’s enabling legislature. It was decided that a $65 processing fee would also be added to the wording and legal counsel will handle the verbiage.
    
    Discussion began on Section VIII - General Rules & Regulations. The board completed review up to VIII-3 District’s Responsibility and Liability “h” and directed legal to “clean it up” and the workshop ended here.
    
    2. Adjournment
    
    President John Paul adjourned the meeting at 3:08 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Rules & Regulations Workshop Meeting Minutes: 2010-04-15 (.pdf 13.2K)
  - 2010-04-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 6, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on April 6, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were William “Pete” Peterson Interim General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:04 p.m.
    
    Mark McEwen offered a Prayer and Kenyon Leavitt led the pledge.
    
    Public Comment – Bill Mitchell with John Mitchell Insurance introduced himself and stated his concerns regarding the District’s insurance with the Nevada Public Agency Insurance Pool Pact and who their broker would be. Sandra Raymaker thanked the District for being able to tour the Arsenic Plants.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 3/16/10 Budget Work Session Meeting
    
    3. Discussion & Action – Approve Minutes from 3/16/2010 Regular Board Meeting
    
    4. Discussion & Action – Approve Financial Statement for January 2010
    
    5. Discussion & Action – Approve Bills Paid - $610,398.13
    
    ** End of Consent Agenda**
    
    6. Discussion & Possible Action – Consideration of Process, Parameters and Guidelines for Hiring New General Manager. Issues to be Considered may Include, but are not Limited to, Appointment of Person or Committee to Perform Initial Review of Applications and Establishment of Guidelines and Parameters for Review of Applications
    
    John Paul began by stating that Mike Chandler with Bowen & Collins was present and that he thought he would possibly be a candidate to sit on the committee to review applications. Karl Gustaveson stated that he thought Bill Tanner, Public Works Director with the City of Mesquite would also be a good candidate for the committee. Karl further stated that the City Manager was present and maybe he could comment and say if this would be appropriate or not. Tim Hacker, City Manager, stated that he hadn’t really discussed this with anyone or with Billy Tanner, but that Bill’s wife, Hatty, works for the District and that this may cause an unnecessary situation. Tim further stated that the City had a very skilled HR Director, Mike Callahan, and was willing to offer his services for the process.
    
    Kenyon stated that he would like to see two board members, two members from the community, if it be Mike Chandler and then another person and then Pete and Mary. Karl stated that he would like to volunteer as one of the board members and Ted also volunteered. Kenyon also stated that he would like to be on the committee so both Mesquite and Bunkerville had a representative and Ted stated that he would un-volunteer.
    
    Pete questioned if the District would pay for applicants’ travel in order to interview if they were from out of town and the Board stated that the applicant would be responsible for all expenses. Kenyon stated that he thought that within the motion the board should allow the committee to set the parameters and Karl stated that with Mike Callahan’s expertise that he would be able to come up with the parameters and proper procedure.
    
    Ryan Wheeler with Forsegren & Associates, a local civil engineering company, commented that he didn’t feel it was fair that another consulting firm representative would serve on this committee and that it would be a conflict of interest. Mark McEwen stated that was a valid point and that could take the committee to five and make it uneven. Kenyon disagreed and stated that Mike Chandler had expertise about the District’s system that no one else on the committee had and that the committee wouldn’t hire the new GM, but that this would be the board’s decision. John Paul stated that he felt as Kenyon and that Mike Chandler would do an honorable job sitting on the committee if he would accept. Mike Chandler stated that it didn’t make a difference to him, but he doesn’t want to cause any conflicts, but wanted to recommend that the committee should coordinate with staff regarding legal matters and water law issues and what the new GM would have to deal with in Nevada. John Paul further stated that the motion should include that if part of the process should require legal recommendation that they refer to Bingham & Snow.
    
    Kenyon Leavitt made a motion to appoint Pete, Mary, Karl, himself and the HR Director, Mark Callahan, from the City of Mesquite to sit on the committee to set the parameters and guidelines to hire a new General Manager and that the committee start that process as soon as possible.
    
    Mark questioned who would chair the committee and John Paul answered that the committee would decide that. Karl stated that Kenyon’s motion only deals with guidelines and wondered if he was not going to go beyond that and talk about interviewing, etc.
    
    Kenyon further stated that as part of his motion it would include that the committee would do interviewing and then come back to the board with a recommendation of three for a General Manager. Kenyon also added that the committee should use other sources from the outside as legal counsel and/or experts as needed. Mark McEwen seconded the motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Purchase One (1) Mesquite Irrigation Share from Staci Frei
    
    Ted Miller stated that he would be abstaining from items “7” and “8” because of personal business dealings.
    
    Kenyon Leavitt stated that Mike Waite was his uncle in item #8 and that comments in #7 would be no problem, but he would also abstain from both items “7” and “8”.
    
    Boomer stated that the District had received a letter from Staci Frei requesting to sell one Mesquite Irrigation share to the District for $71,422.72. This price was the price SNWA was purchasing Mesquite Irrigation shares for and that the District had also purchased water at this same price. Boomer further stated that after conversations with SNWA representatives, they went out for a $40 million bond and that those funds were expended and currently not purchasing water and that current leases with SNWA may not be renewed once the expiration date of the lease is expired. Boomer further stated that the District is currently charging $3,300 per EDU and that they do not reflect the current estimated cost of $8,700 per acre foot and that the District currently has bond funds and Ordinance II funds available to use to purchase water. Boomer also stated that because of the reduced demand for the irrigation water and after doing a rough calculation with a 7 to 10% reduction in cost, he felt a more appropriate cost per share of Mesquite Irrigation water is estimated at $65,000 per share and that would be his recommendation.
    
    John Paul stated that he was also inclined to think that the cost should be discounted since the VVWD were the only active buyers. John Paul gave his explanation as to why he thought the market was soft and how an artificially inflated rate was caused by SNWA. There was further discussion regarding what the real value or rate was of the irrigation water versus reuse water.
    
    Staci Frei was present and commented that she wanted to come to the District board first to keep the water in the valley and she hasn’t made a decision yet and that the share was currently being leased from SNWA.
    
    Mark McEwen made a motion to offer to buy one Mesquite Irrigation share from Staci Frei for $65,000. John Paul seconded this motion and it was unanimously carried, 3-0 with Ted Miller and Kenyon Leavitt abstaining.
    
    8. Discussion & Possible Action – Consideration to Purchase Two (2) Bunkerville Irrigation Shares from Michael and Lynnette Waite
    
    Boomer stated that this was much like the previous item except that these were Bunkerville Irrigation shares and using the same methodology as before he came up with a purchase price of $72,000 per share. There are no restrictions of these shares either; they are not being leased from SNWA. David Waite, representing his parents Michael and Lynnette Waite, stated that as in the last motion, it would be fine for the board to offer what they are willing to pay and that he would consult with his parents and get back to the District if they were interested in selling at the lower price.
    
    Karl Gustaveson made a motion to purchase two Bunkerville Irrigation Shares; one A-038 entitled Mike Waite and Lynnette Waite for $72,000 and one A-037 entitled Mike Waite for $72,000 for a total of $144,000. Mark McEwen seconded this motion and it was unanimously carried, 3-0 with Ted Miller and Kenyon Leavitt abstaining.
    
    9. Discussion & Possible Action – Consideration of Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30 and Resolution and Settlement of Such Trespass and Unauthorized Use Issues with the United States Bureau of Land Management
    
    Boomer deferred to Legal Counsel and Bo explained that the board was aware of the BLM contacting the District and stating that the equipment/antennas exceed the scope of the BLM’s perspective of the right-of-way that’s been granted. Bo further stated that they have made contact with parties who have equipment on that site and that they have agreed to move their equipment by April 12, 2010. Bo further stated that as the District continues to work with the BLM to get these issues resolved that sometimes outside consultants are brought in who have experience in dealing with Federal Lands. Bo has contacted a specific individual and they discussed the issues at well #30; they have significant experience in assisting entities in dealing with the BLM and the board could consider retaining a consultant in this capacity to assist the District with the issues that remain unresolved. Bo further stated that the board, if they decided to hire this consultant, had a couple options in that they could pay the consultants as if on retainer a specific amount monthly and they could work on any issues that may come up or you could pay them more money on this issue alone.
    
    Kenyon questioned if we weren’t required to get an RFP or RFQ for this. Bo explained that according to NRS and this being a professional service that the District was not required to request RFP or RFQ.
    
    Karl stated that this group had outstanding credentials and thought that we did need their help.
    
    Ted stated that he agreed and that we are out of compliance and thought that we should hire for 90 days and clear this up as soon as possible.
    Mark questioned if we were moving forward and didn’t we already have people on staff to handle.
    
    John Paul stated that everything he has heard are good points and that he concurred with Karl and this group were worth the money and that we should proceed hiring this group.
    
    Karl Gustaveson made a motion to hire Robcyn, LLC for the purpose of working on BLM issues for a period of ninety (90) days.
    
    Bo stated that as far as the agenda item read, he had a suggestion for Karl to include the BLM trespass and that this group was exempt from NRS 332 since they are a professional service.
    
    Karl Gustaveson rephrased his motion and moved to hire Robcyn, LLC to help the District with the trespass and unauthorized use issues associated with the site of Virgin Valley Water District Well #30 and resolution and settlement of such trespass and unauthorized use issues with the BLM; and feel that they are professional services and exempt from NRS 332 for a period of ninety (90) days. Ted Miller seconded the motion and it was passed by a vote of 3-2 with Kenyon Leavitt and Mark McEwen opposed.
    
    Brett Whipple representing Rebel Communications asked to address this item since they had been contacted earlier regarding this item and had a settlement agreement for the board’s consideration.
    
    Bo stated that he appreciated Rebel/Brett attending meeting, but Rebel Communications was not part of the agenda item and that maybe they could step outside and look at the settlement agreement, but that this needed to be discussed between legal first and not publicly at this time.
    
    Cody Whipple read the item from the agenda and commented that Bo had been in contact with Rebel Communications for over a week and thought that part of settling the BLM issues also included a settlement agreement with Rebel.
    
    10. Discussion & Possible Action – Consideration of Status of Pending Litigation Against Manufacturers and Distributors of Pipe Used in Certain Portions of Virgin Valley Water District’s Service Area
    
    Bo stated that this item was put on the agenda to assess the litigation of this situation and that the board was up to date on information regarding this and it was put on the agenda for any motion they may have.
    
    Ted commented that after talking with the attorneys that he felt we could table until the second meeting in July.
    
    John Paul stated that we could direct legal counsel to enter into a modified fee arrangement regarding fees or we could do it ourselves.
    
    Ted Miller made a motion directing legal counsel to enter into a modified fee arrangement with attorneys currently handling this case at a reduced rate. Karl Gustaveson seconded the motion and it was unanimously carried. 5-0
    
    11. Discussion & Possible Action – Consideration to Protest Water Right Applications Nos. 79356 and 79357 Filed by Lincoln County Water District and Vidler Water Company in the Lower Virgin River Basin
    
    Boomer stated that following the Supreme Court Ruling, Lincoln County Water District (LCWD) and Vidler Water Company re-filed applications 79356 and 79357 in the lower Virgin River Basin. Not knowing what the ramifications are associated with the Supreme Court Ruling, they were re-filed and out for publication and currently they are in the protest period. The protest period ends April 17, 2010 and the cost to file a protest is $25 per application.
    
    Karl questioned legal counsel and asked how they felt and Bo stated that it was absolutely prudent to file the protests.
    
    Kenyon Leavitt made a motion to file protests on water right application Nos. 79356 and 79357 filed by LCWD and Vidler Water Company in the lower Virgin River Basin. Karl Gustaveson seconded the motion and it was carried unanimously. 5-0
    
    12. Discussion & Possible Action – Consideration to Set a Date and Time for a Workshop to Review, Revise, Discuss and Amend the District’s Rules & Regulations and Proposed Changes to Such Rules & Regulations
    
    Ted asked if we shouldn’t wait until we hire a new general manager and John Paul stated that the Rules & Regulations already exist and he felt we should move forward and the new general manager would have direction to follow and proceeded to pass out copies of the draft Rules & Regulations. Dates and times were discussed.
    
    Kenyon Leavitt made a motion to hold a workshop to review, revise, discuss and amend the District’s Rules & Regulations and proposed changes to such Rules & Regulations on Thursday, April 15, 2010 at 1:00 p.m. Mark McEwen seconded the motion and it was unanimously carried. 5-0
    
    13. Interim General Manager’s Report
    
    Pete had included a written report and informed the board that he had met with Cheryl Couch of the USDA and she wanted the District to know that there are programs available to assist the District with capital improvement projects.
    Pete also mentioned that the 2009 PRV Project was almost completed with a few small things to be taken care of.
    
    Pete asked Bo about allowing a contractor to use the District’s site to complete some work to a tank that the City of Fallon purchased from the District and its legality and Bo stated that he would have to get back with Pete since Eric was more informed of this situation.
    
    Pete also mentioned that he was taking a college course through AWWA and he thanked everyone who came to the Open House for the Arsenic Plants.
    
    14. Hydrologist’s Report
    
    Michael had not included a written report due to being on vacation last week. Boomer stated that he has been working with legal regarding the Legislative Mandated Workshop by the Nevada State Engineer and we have submitted a comment letter with pertinent issues and what language should be used to maintain our senior priority status in the lower Virgin River Basin. On the State Engineer’s website, there were six proposed comments and the District and Vidler Water posted comments and chose language three.
    
    Boomer stated that he would be giving a presentation to the Mesquite Master Planning Committee; there was a meeting coming up April 21st and 22nd on the Colorado River and maybe board members may be interested; meeting on April 13th for the board of directors for NWRA; and meeting April 26th with RBF Consulting and the ACOE regarding the aquifer recharge.
    
    15. Public Comment
    
    Morris Workman with the Mesquite Local News questioned the board and how they were going to pay for the water shares that they proposed to purchase in items #7 and #8 and was informed through the Ordinance II account. Morris also questioned the amount the District was going to pay to Robcyn, LLC and was informed $10,000 per month.
    
    Bob Frisby with Beaver Dam Water Company questioned Boomer and asked if he should also file a protest to the application nos. 79356 & 79357.
    Sandra Raymaker asked to obtain a draft copy of the Rules & Regulations to be reviewed at the workshop on April 15th.
    
    16. Adjournment
    
    President John Paul adjourned the meeting at 4:44 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-04-06 (.pdf 25.5K)
  - 2010-04-06: Budget Work Session
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    BUDGET WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    APRIL 6, 2010
    
    Minutes of a Budget Work Session of the Virgin Valley Water District Board held on April 6, 2010, at the Virgin Valley Water District Office at 1:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Member Ted Miller. Board Member Mark McEwen was not present. Also present were William “Pete” Peterson Interim General Manager, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Discussion & Possible Action – Consideration of Issues and Information Related to the District’s Proposed Budget for its Next Fiscal Year. Issues to be Considered may Include, but are not Limited to, Projects Anticipated to be Undertaken, Continued or Completed During the District’s Next Fiscal Year, Anticipated Revenue Required for the District’s Next Fiscal Year and the Sources for Such Revenue and the Anticipated Costs and Expenses of the District During its Next Fiscal Year
    
    John Paul opened the meeting at 1:03 p.m. and welcomed everyone present.
    
    Mary began by informing the board that she had adjusted fuel and had added City of Mesquite Sanitation for arsenic plants #27 and #28.
    
    The meeting began with the discussion of the item of chemicals and Pete stated that he was comfortable with this number. Booster pump maintenance was discussed and thought that if something needed to be decreased to work out the budget, that this item was budgeted the same as last year and nothing had been spent to date, so this may be where we could cut down. The board continued to review each budgeted item through repairs and maintenance.
    
    John Gleave presented the board with a new summary sheet and informed them that he had budgeted 5.2 million for operating revenues and that this was based on a 2.5% increase.
    
    Taxes were reviewed and under the “other” tab, depreciation was set at $2,078,000 and John Gleave explained that these items are non-cash items. Amortization remained at $38,801, the same as last year.
    
    John Gleave talked about the capital outlay and the 2008 bond. John Gleave stated that in his opinion that the District may want to pay off the 2001 Bond because it is recallable. There continued to be a discussion regarding the bonds and interest and principal payments. It was discussed to have Mike Chandler with Bowen & Collins come to the next meeting on the 20th for a review of the District’s capital projects.
    
    It was decided to take out the $5,000 budgeted for site improvements for line item 1505.
    
    Tracy Lee, District’s IT representative, informed the board of why there was $3,500 budgeted for rewiring the building. He explained that he has held off on this item for the last couple years because he thought that the District was going to build or move into a new building; and with that not being the case, he feels this must be done as soon as possible. All wiring, at present, is wired into the computer room and needs to be moved to the data center. There was further discussion on the Building and Improvements item and the needs for the administration and line and maintenance departments in order to get by. Pete stated that he had spoken with Steve Tietjen and they felt that another building the same size as the blue storage building out back and a lean to would satisfy their needs.
    
    Under “Source Wells” 1510, Boomer has budgeted $900,000 for drilling well #34 and it was put under CIP and it was decided to move that amount under this item along with the Ranney Collector. There was also $2 million budgeted to equip well #34. The Ranney Collector has a budget of 3.3 million with $1.3 million being reimbursed from the Bureau of Reclamation. Boomer stated that the District was originally in conjunction with the SNWA at Halfway Wash, but were not at this time since the site had been moved from Halfway Wash. Boomer explained the situation at Halfway Wash and why the District would do a Ranney Collector. Boomer also stated that the ACOE had stated that the money not used for arsenic could be used for the drilling of well #34.
    
    Under item 1650-Furniture and Fixtures, Tracy Lee again explained his budgeted items.
    
    Under item 1850-Water Shares, it was discussed whether to budget money to purchase and that nothing has ever been budgeted under this item in the past and it was decided to leave as in the past.
    
    President John Paul adjourned the meeting at 2:53 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Budget Workshop Minutes: 2010-04-06 (.pdf 13K)
  - 2010-03-16: Board Meeting Minutes-Budget Workshop
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    BUDGET WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 16, 2010
    
    Minutes of a Budget Work Session of the Virgin Valley Water District Board held on March 16, 2010, at the Virgin Valley Water District Office at 1:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Member Ted Miller. Board Member Mark McEwen was not present. Also present were William “Pete” Peterson Interim General Manager, Bo Bingham District Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Discussion & Possible Action – Consideration of Issues and Information Related to the District’s Proposed Budget for its Next Fiscal Year. Issues to be Considered may Include, but are not Limited to, Projects Anticipated to be Undertaken, Continued or Completed During the District’s Next Fiscal Year, Anticipated Revenue Required for the District’s Next Fiscal Year and the Sources for Such Revenue and the Anticipated Costs and Expenses of the District During its Next Fiscal Year
    
    John Paul opened the meeting at 1:00 p.m.
    
    Karl stated that he had one suggestion on the “Profit & Loss Budget vs. Actual” report and that it would be very helpful in the future if John Gleave and Mary could get together and actually project what we’re going to end up at; because some of the expenses are paid one time or paid quarterly or whatever, and the board doesn’t really have an idea of where we will end up looking at the percentages.
    
    Ted questioned income and when our last 10% increase took effect, which was January 2009. Discussion began on revenues and John Gleave suggested that he could look at revenues and do some more analysis and that he has done a pretty good job in the past in estimating in how close we are, but that was something that we don’t really need to discuss. John Gleave further stated that he would get information to the board on how he produced that number. The rate study was mentioned and John Gleave stated that he had spoke with Mike Chandler and that we are about 95% complete. John Gleave stated that he has read up on governmental budgeting, you don’t start with the revenues; you have expenditures and you meet for a zero balance; on base planning you need to incur the revenues to meet your expenditures. Which is exactly backwards in the way I would consider doing it stated Karl Gustaveson. John Gleave stated that the water rate revenues is not what we need to spend our time on today; we need to talk about expenditures today and the revenues will be for another day’s planning.
    
    Discussion began by starting at the front of the proposed budget, beginning with salaries. It was decided to take out the item for hiring a new employee at $36,210 for one year and all items associated with that employee, PERS, taxes, etc., be amended. Under line item #3 entitled “Safety Supplies”, it was decreased to $6,000 from $9,600.
    
    Under “Utilities”, Well #29 was increased from $800 to $1,500 per month.
    
    “Office Expenses” were then discussed and Mary informed the board of a number of items added per Tracy Lee that were not received before the packets were issued.
    
    Under “Dues and Subscriptions”, it was questioned where the locations were where we paid the Division of State Lands and the board was informed that this was the Bunkerville Bridge crossing and Halfway Wash. It was further decided to check with Reliance Connects about the listing in the phone book and to see if this could be omitted as to paying for anything and only have the free listing.
    
    “Bank Charges” were discussed and John Gleave stated that you had to weigh your labor costs. Ted commented that when he was in business that they would shop around annually and that they would not accept American Express because they charge a higher percentage rate and that they are slower in refunding money. It was decided that the bank charges should be looked at, but would remain at what was proposed in this budget.
    
    “General Miscellaneous” was discussed with John Gleave questioning donations and stating that he didn’t believe we should budget anything for this; with Karl in agreement stating that we have a duty to the rate payers and employees to save money wherever possible with this economy. It was discussed and decided to cut out “Item 2, Water District Christmas Dinner” for $2,000 and put that amount towards “Contributions/Sponsorships in lieu of the $5,000 that was originally budgeted for and that $500 be contributed to each of the four schools within the District.
    
    “Outside Accounting” was changed from $72,000 to $60,000.
    
    “Investment Management Fees” was modified from $10,050 from the last budget to $9,000 for this budget.
    
    “Engineering Services” was discussed and it was decided to not mention individual engineering firms, but to just state “Outside Engineering” and to budget $25,000 in lieu of $35,000.
    
    Under “Legal Services” Bo stated that he felt we could budget $15,000 per month for Bingham & Snow in lieu of $20,000, but to leave “Outside Legal Counsel” at $20,000 per month.
    
    “Other Professional Services” was discussed and it was mentioned by Mary that GT Engineering and Navigant Consulting, who are experts in the Vanguard pipe case were not listed, and Bo stated that this would be a significant amount and this should come back and be looked at. Also the “Extra Lobbying” budgeted at $100,000 was discussed and John Paul stated that he was not comfortable with this. It was decided that this item should be brought back at the next meeting and discussed further.
    
    When discussing “Vehicle Maintenance and Fuel”, Karl stated that he would like to look into an Interlocal agreement with the City of Mesquite regarding these items to save money.
    
    It was decided to hold another budget workshop before the next regularly scheduled meeting April 6, 2010 at 1:00.
    
    President John Paul adjourned the meeting at 2:54 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-03-16 (.pdf 14.6K)
  - 2010-03-16: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 16, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on March 16, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were William “Pete” Peterson Interim General Manager, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:03 p.m.
    Mark McEwen offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Revised and Amended Minutes from 2/2/10 Closed Session Meeting
    
    3. Discussion & Action – Approve Minutes from 2/22/10 Special Meeting
    
    4. Discussion & Action – Approve Minutes from 03/02/2010 Regular Board Meeting
    
    5. Discussion & Action – Approve Bills Paid - $382,281.53
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Iceberg Air Conditioning & Heating - $3,995.00 – 4 Ton Split System Heat Pump
    b. Trace Detect - $27,330.00 – Renewal of Service & Maintenance Contract for Arsenic
    
    7. Discussion & Action – Approve “Will Serve” Letters
    a. Amended Santa Theresa Estates – 22 Additional EDU’s
    b. MSM 0013-09 – A Minor Subdivision – 4 EDU’s
    
    Contingent upon meeting the Criteria to Ordinance II
    
    ** End of Consent Agenda**
    
    8. Discussion & Possible Action – Consideration to Review, Revise, Amend and Approve the Parameters for Leasing of Irrigation Shares Owned by the District
    
    Kenyon commented that it seems like what we’ve been doing is working and doesn’t see why we need to change. It was discussed that these parameters were adopted in March of 2009 and in that motion it was decided to bring them back annually in March for review.
    Karl commented that he liked the idea of the one year lease, the no sub-leasing without the District’s prior approval clause, but he would like to see the District increase the minimum bid to $600 per share from $300.
    Kenyon asked Karl why he would like to increase and Karl stated that with what the District pays for water, $300 is such a small amount and even $600 was a good deal and seems more appropriate with the District’s current financial situation. Kenyon stated that he understands that we get what we can out of it, but when we bought the water, leasing the water was not to re-coup the purchase price. The lease amount beginning at $300 was further discussed with comments that it was not economical for the farmers to grow alfalfa paying more than $300; that the idea of the District leasing was not to make it profitable or break even; that there was no cap on the bidding and that price could go up; and that the District at some point may be able to use this water in the system.
    Public comment was offered by Kraig Hafen and Robert Smith.
    
    Karl Gustaveson made a motion to not alter our current water shares offerings and policy at this time. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration to Lease Sixty Four (64) Shares in the Mesquite Irrigation Company Owned by the Virgin Valley Water District and the Parameters and Terms for the Lease of Such Shares
    
    These shares are currently being leased and that lease contract will expire April 1, 2010. We would advertise for an auction as in the past.
    
    Kenyon Leavitt made a motion to advertise for the lease of the sixty four (64) Mesquite Irrigation shares, at the parameters that were just voted on, for two weeks and hold the auction on the date of our second meeting in April, April 20, 2010 at 10:00 a.m. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration to Approve Purchase of New Truck for Treatment Department and Surplus 2001 F-150 to the Highest Bidder
    
    Pete explained that the truck he wishes to replace is a 2001 F-150 with over 121,195 miles. This truck was originally purchased for the meter department, and although it has been maintained properly, time, use and hard miles have had its toll on this vehicle. The truck has had problems and has been in more than one shop for repairs. The driver of this truck works independently and has been stranded when the vehicle has failed. Pete stated that the truth is that this truck is just worn out. Pete obtained quite a few bids with Parkway Motors coming in at a low price of $14,386 for a 2010 F-150.
    
    Karl Gustaveson stated that we do have a truck in the budget for this year and if we don’t act on this at this time, we would have to act on it in next year’s budget anyway and in his opinion we should go ahead and take the lowest bidder.
    
    Ted questioned government contracts and after looking at bids, this truck’s base price is $22,795 and with the Government Price Concession, the price drops to the $14,386.
    
    John Paul stated that he thought it would be prudent on the District’s part to replace this vehicle.
    
    Karl Gustaveson made a motion to accept the bid from Parkway Motors for the purchase of the 2010 F-150 for $14,386 and to surplus the 2001 F-150 to the highest bidder. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    11. Interim General Manager’s Report
    
    Pete stated that the plan he has been working on to cut back on freight charges for chemicals has pretty much been finalized and has resulted in a pretty favorable outcome for the District.
    The leak at the end of Ben Franklin Parkway has been repaired and is back in service.
    The Arsenic Project is just about complete with only a few repairs and warranty issues to be completed. Pete also reminded everyone that the Open House for the Arsenic Treatment Plants would be at Plant 27 located at 712 Hardy Way from 9:00 a.m. to 1:00 p.m. on Wednesday, March 17th.
    John Paul stated that he would like to commend Pete on a stellar performance and that he was greatly appreciated and highly respected. Karl and Ted also issued words of praise and thank you for staff’s work on the budget.
    
    12. Hydrologist’s Report
    
    Boomer was not present due to being in Carson City at the Legislative Special Session but had included a written report. He reminded the board that the City of Fallon would be conducting a mandatory pre-bid meeting at the District offices on March 17th. The 2009 PRV Project is all but complete with PRV’s being installed on Horizon and Hardy Way, Horizon and Pioneer, Red Hills Parkway and Pioneer and Greens Way and Hardy Way and that pressure setting were to be completed by VVWD staff. Boomer also informed the board what actions he has taken regarding
    the District’s Water Rights; meetings attended regarding Tule Desert, Halfway Wash, Nevada Water Resource Association (NWRA) and the US Fish & Wildlife Service.
    
    13. Public Comment
    
    Morris Workman with the Mesquite Local Newspaper questioned who currently leases the 64 shares (River View, LLC) and if the $300 lease amount was per share or per acre-foot (per share).
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 3:33 p.m.
    
    (NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-03-16 (.pdf 18K)
  - 2010-03-02: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    MARCH 2, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on March 2, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were William “Pete” Peterson Interim General Manager, Eric Wilbanks District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Mark McEwen led the pledge.
    
    Public Comment – Harold Sersland presented a statement to the Board of Directors with questions related to the District’s water supply and is interested in having some verification of the District’s firm culinary water supply that has been approved by the Nevada State Engineer and how much secondary water is available.
    
    Discussion: Board Comments – Kenyon Leavitt stated that a couple weeks ago after we let Mike Winters go, we had a couple board members go to a meeting with our employees and in that meeting there were some comments made that he thinks were very inappropriate and didn’t need to be said. Kenyon further stated that he had spoken to one of the people that were there and he adamantly denied that it was him that had said it, even though that the employees that Kenyon talked to, said that he was definitely the one, or one of them that said it; the employee(s) actually said that both people there said it; “that we fired Mike Winters and if anyone of you have a problem with that, there’s the door”. Kenyon stated that his concern is that this board hires the general manager. This board does not hire the people in the back. That is administrative policy. It is the general manager’s responsibility to take care of those people, not this board; and a comment made like that is completely out of line. Kenyon also stated that was not our intent for them to go there and put any kind of scare tactic or whatever the case may be in these employees. When the employee(s) came to me, they were concerned about their jobs asking if they were the next on the chopping block. Kenyon further commented that the employees of this Water District, a limited number of people that do an excellent job with the manpower that we have, and I think that those people, both in the front and in the back should get an apology and I think that it was completely out of line to make a comment like that.
    
    Mark McEwen stated that this was interesting, because although Kenyon and he had not talked, Mark has prepared comment on exactly the same thing because an employee came to him and said that he was at that meeting where the two board members who were there the day after Mr. Winters was fired and one of the board members said, and this is a quote from the employee, “Mr. Winters was fired last night, anyone who doesn’t like it, there’s the door.” Mark further stated that it doesn’t matter what was said, the remarks were threatening and that essentially whoever made that comment, you were saying if you disagree, leave employment. Mark stated that these types of remarks destroy the cooperation and harmony that we need to move on from the past and that the lines of communication should always be open and dissent should never be discouraged. No matter what was said, employees of that meeting left there feeling like their jobs were threatened and the lines of communication were closed. Mark further stated to the President of the board that he was calling upon him to make an apology, specifically to those employees at that meeting and generally to the employees of the Water District, and Mark also stated the he was calling on all the board members to join in that apology.
    
    Karl Gustaveson stated that he had overheard rumors of the same thing as well, but that he wasn’t there so he couldn’t attest to what was said or what wasn’t said there, but that he totally agrees with what Mark said, absolutely, 100%. Karl further stated that he has spoken to all employees of the water company that he’s seen and has tried to give them some reinforcement and stated that things are going well. Karl further commented that this should have probably been dealt with sooner, if that is in fact, what happened.
    
    Kenyon stated that he did talk to one of the board members that was there and that board member said he was going to take care of it, but that it hadn’t been taken care of and that is why he has brought it up now.
    
    John Paul stated that he was at that meeting and he was certain that there was no intention of that taking place, but if that’s what took place and people had the feeling that they were being threatened, it certainly wasn’t his intention and he apologized for them getting that impression if it was from him or if it was from wherever.
    
    Ted Miller stated that he was the other person at that meeting and if that was what was said, he certainly didn’t hear it that way. Ted further stated that he doesn’t feel he owes an apology to anybody for the words that he said. Ted further stated that he thought very carefully about the words that he was going to say and that’s what he said. Ted further stated that he had spoken with Kenyon about this and if he said he was going to handle it; Kenyon did not understand him correctly. Ted further stated that he didn’t feel he owed anyone an apology.
    
    John Paul reiterated his apology on behalf of the entire board and hopefully the employees do not feel threatened and do not feel that we undermine their position or anything like that.
    
    Mark McEwen asked for one last comment and wanted to make it very clear with the employees present that all his phone numbers are always available to any employee for any concerns that they may have.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    John Paul requested that item 5b, if not the entire item 5 be pulled from the consent agenda and discussed separately. Eric Wilbanks stated that Bo wanted some changes made to the minutes of the special meeting on February 22, 2010 and the minutes of item 2, on this agenda, of the closed session on February 2, 2010. Eric stated that it would probably be easier if these were tabled and revised and put back on the agenda for approval at the next board meeting.
    
    Karl Gustaveson made a motion to approve consent agenda items 1 and 4 and bring back items 2 and 3 at the next meeting and move items 5 to the first item on the regular agenda.
    
    Kenyon questioned the motion and asked if there were some changes on the 16th minutes, which there were none.
    
    Karl Gustaveson restated his motion to approve consent agenda items 1, 2 and 4 and bring back item 3 at the next meeting and to move items 5 to the first item on the regular agenda. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item 3 removed and to be brought back at the next meeting and item 5 to be the first item on the regular agenda
    
    2. Discussion & Action – Approve Minutes from 02/16/2010 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $459,022.37
    
    ** End of Consent Agenda**
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    A. Legacy Construction - $6,360.00 – Electric Gate Opener for Scenic Arsenic Site
    B. Mountainland - $3,122.36 – Reservoir Maintenance Required by Health Dept.
    
    Karl commented that he thought that there was some confusion regarding the Legacy gate because it was on an earlier invoice with another item and it was not paid off of that invoice so the $6,360 is an outstanding amount for the electric gate which is actually at another arsenic location than the other invoice, so they actually invoiced two different jobs on one invoice, but there doesn’t seem to be a problem with paying this. Karl further stated that in regards to the other item required by the Health Department, we had a vendor in there, Mountainland for $3,122.36 and we are actually going to utilize Scholzen Products as opposed to the Mountainland at $2,739.64; so we are going to substitute Scholzen Products for the Mountainland on that one.
    
    Kenyon asked Pete if we were just waiting on more bids on this or what was the deal on this. Pete explained that Steve got the number from Mountainland for this and then it occurred to him to get more bids and he did and that’s why it came late. Kenyon stated that he just wanted to make one comment and that we be careful when we do that so it doesn’t look like we’re shopping prices.
    
    Karl Gustaveson made a motion to approve purchase orders for Legacy Construction for $6,360.00 for electric gate opener for Scenic Arsenic Site and Scholzen Products for $2,739.64 for reservoir maintenance required by the Health Department. Kenyon Leavitt seconded the motion and it unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to Approve Revised and Amended Minutes from 2/2/10 Closed Session Meeting
    
    Karl stated that he asked that this be pulled off, and that he was the one who had them pulled off the first time, and that he is still concerned with some of the words used in this particular set of minutes because they reflect an estimate or a guess of what an individual is thinking as opposed to what the individual said. Karl further stated that he would still like our attorney to look at this one more time and that they need to reflect exactly what was said and not what people assume someone might be thinking and ask that these be reviewed by counsel and brought back at the next meeting.
    
    Karl Gustaveson stated that you could consider that his motion in that the minutes of the 2/2/10 closed session meeting be reviewed by counsel and brought back at the next meeting with the corrections he had outlined. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Approve Engagement Letter from Hinton Burdick to Perform Annual Audit for Fiscal year Ending June 30, 2010
    
    Morris Peacock, representing Hinton Burdick, stated that he had inadvertently forgotten to include the peer review as stated in their engagement letter. Morris explained the peer review in that they have to have their audit reviewed by an outside auditing firm and that is done every three years. Morris also stated that the only thing outstanding on last year’s work is that they need to finalize the single audit report, which he has with him, and it needs a signature, whether it be John or the interim general manager. Karl stated that we have an interim general manager for that purpose.
    
    Ted Miller commented stating that he thought a good business practice as well as due diligent to our employees and our rate payers, in this particularly economic time, prices are going down, not up. Ted further stated that it may behoove us to send out an RFP; stating that most states require and is surprised that Nevada would allow you to do audits that long in a row. Morris stated that is not required because it is a professional service.
    
    Kenyon stated that by the time you get that done, we would be behind the eight ball waiting to get this in place and that if we want to next time do an RFP then we do that prior to March. Kenyon further stated that we get audited every year and according to State Statutes, this is the time of year you approve someone to conduct your audit for the fiscal year ending June 30th of the current year and that now is not the time to do. Kenyon further stated to Ted that if you want to get an RFP before next March, you put it in the budget cycle or place on an agenda around June to go out for RFP’s for auditing firms to conduct an audit, but that you cannot get a price because it is a professional service.
    
    Morris stated that the increase was $300 for a $14,000 engagement and appreciates the fact that you want to consider doing an RFP and that they would certainly be happy to respond to an RFP along with others at whatever time the District decides to do that. Morris further stated that if you’d like us to go forward this year because we’re under the deadline to approve this, he was willing to take the $300 extra for this year off and do it for the same price as last year and that this was part of the reason where they kept it where it is because of the economic times.
    
    John Paul stated that he thought that one of the questions raised, and it was a good one, with the national economy going down the way it has, it seems like everybody is touched by it and prices are softening or evaporating for different services. John further stated that he thought the intention brought forward was to check on what prices we could get, but that would be difficult to do with a
    professional service contract.
    
    Morris stated that the interesting thing with professional services is that there are several different RFP’s out there and that they would even be willing to help the District get the format because it’s not like buying a truck. Morris further stated that they obviously “bid” on quite a few proposals for audits and sometimes they are low bidder and don’t get them and sometimes they are in the middle and get them and that they should be awarded on recommendations by calling other people and learning how they work and the quality of the audit firm.
    
    John Paul questioned Morris that in over the years that we have had you doing this, has there ever been a problem or a backlash with anybody with the work, and was informed that there hasn’t been.
    
    Karl stated that professional services are different because it is not like bidding on a piece of pipe and you are bidding on somebody you have confidence in and has the ability to do the job properly and do it right; however, Karl further stated that he didn’t think what Mr. Miller said should be discounted either. Karl stated that as far as this year is concerned, because of where we are, and not in just this particular instance, but in everything we are doing, we are going to want to review everything we’ve been doing in the past and look at all possibilities and he doesn’t have a problem in his mind going along with Hinton Burdick this year, but next year just so that we have a sense of comfort; that we are doing the right thing for the rate holders; and that we are getting an appropriate price. Karl further stated that is why the State Statutes does not require for professional services to have to be bid for that purpose.
    
    Morris commented that while the economy might dictate that costs should be going down, new standards that they must comply with on the audit side, and unfortunately, time has actually gone up.
    
    Kenyon Leavitt made a motion to approve Engagement Letter from Hinton Burdick to perform annual audit for fiscal year ending June 30, 2010. John Paul seconded the motion.
    
    Mark McEwen questioned the motion and stated that Mr. Peacock has offered to do the work for the same price as last year and asked if we wanted to consider that in the motion. Karl further stated that if you were going to amend the motion that he would also like to see in the motion that this is put in a tickler file and brought back in July for us to consider at that point and time if we want to send it out for an RFP. John Gleave stated that might be a little early and we may want to wait until October or later until after the audit has been presented.
    
    Kenyon Leavitt amended his motion to approve Engagement Letter from Hinton Burdick to perform annual audit for fiscal year ending June 30, 2010 for the cost of $14,600 for the regular audit and $3,750 for the single audit if required and that we put on the agenda in October to put out an RFP. John Paul seconded the amended motion and it was passed by a vote of 4-1 with Ted Miller opposed.
    
    John Paul called for a vote on the original motion and it was passed by a vote of 4-1 with Ted Miller opposed.
    
    8. Discussion – Discuss Water Line Breakage Issues at Falcon Mesa Business Park and the Virgin Valley Water District’s Responsibility for the Repair of Such Lines – Requested by Falcon Mesa Business Park Owners Association
    
    John Cox representing the Falcon Mesa Business Park Owners Association stated that they have incurred some pretty good costs due to issues with defective pipe and the owners do not understand why they are having to make such repairs when they are before the meter. Mr. Cox further stated that they had received a letter dated June 24, 2009 stating that they were responsible to repair the supply line within the property before the meters.
    
    Pete explained that this project, like many others in town, when built was going to be for separate businesses and they wanted to be able to individually meter their businesses and we allowed them to do that for the purpose of everyone paying their own water bill. Pete further stated that the service line for the District ends at the backflow device, which is their property line and anything inside that belongs to the owner/association.
    
    Mr. Cox stated that there is no common area and it goes across numerous property owners, which should have an easement.
    
    Pete again stated that our service is delivered to them through the backflow device and every business in town is responsible inside their property lines and the backflow device is the cutoff.
    
    Jay Hills, owner of a couple of the buildings within the project stated that there are 16 separate buildings and that they have had 5 buildings with leaks and that their understanding from Legacy Construction was that they had no choice in the pipe that was laid.
    
    Kenyon Leavitt stated that the District’s responsibility ends at the curb and the VVWD cannot go past the property line.
    
    There continued to be a lengthy discussion regarding the placement of the meters, the property line ending at the backflow device; the water breaks within the property; the District not responsible past the backflow device; and the association of the business park being responsible from the backflow device to the meters.
    
    John Paul called for a point of order. Karl asked everyone to take a deep breath and step back and requested to talk about the pipe because there were comments made about the type of pipe; that they had to buy the pipe from the District or we told them what they had to use. Mr. Hills interrupted and stated that he thought it was the same pipe that the District had a lawsuit on. Karl continued and stated what he was trying to say was that we didn’t purchase that pipe or install that pipe; the developer purchased and installed it and all the District did was give them the specs on what type of pipe was required. The specs state what type of pipe is required, but not what manufacturer you must purchase the pipe from.
    
    Eric Wilbanks asked to clarify a few things. First, Eric stated that Karl addressed the specifications issue exactly correct when he said that the District’s specifications state you must use a certain type of pipe that meets certain criteria like pressure issues or whatever that may be, but as far as saying you must purchase this particular brand of pipe from a certain manufacturer is not something the District would do. Eric further stated that because you may have purchased some faulty pipe, means you made the same mistake as the District did as far as buying some pipe that has caused some costs. Eric stated that they were more than welcome to investigate what type of pipe was used and compare to see if it was the same pipe the District is involved with this lawsuit. Eric continued and stated that as far as the responsibility for the breakage and the leakage they are experiencing, most likely your development between the backflow device and the meters is pipe that lies within common areas where you all pay for common area expenses. John Cox stated that there was no common area, but when questioned, stated that they do pay monthly fees to the association but that they are out of money. Eric stated that usually by-laws, CCR’s, and that type of things for that type of project account for collecting all the fees you need for upkeep and maintenance, reserved funds and if yours does not do that, it is unfortunate for you, but that is not the District’s issue and the rules and regulations that govern this particular issue pertaining to the District stops at the backflow device and anything beyond there is the owners’ or associations’ responsibility.
    
    John Cox stated that he has contacted other water districts and that they would not have allowed a condominium project to be designed like this and continued to state that he feels that it is the District’s responsibility up to their individual meters and Eric again tried to explain that it was still not the VVWD’s responsibility beyond the backflow device and that it would be the responsibility of their Owner’s Association from the backflow device to their meters.
    
    Jay Hills stated that they are taking responsibility, but what they are saying is the pipe is defective when it should last up to 40 years and would like to rectify it and they don’t want the VVWD to ante up, but asked what would be their recourse.
    Eric tried to explain that their recourse might be to have their association contact their own legal counsel. Mr. Hills stated that there would be a lawsuit and Eric stated that their lawsuit would probably go back to the pipe manufacturer. Mr. Hills asked if it is the same pipe that the Water District is having trouble with, could they not be added to that lawsuit. Eric stated that may be a possibility, but as far as making that determination, that is something that he doesn’t think we are going to be able to solve and discuss in this particular meeting. Eric further stated that if they wanted to obtain legal counsel and have someone contact Bingham & Snow and Mr. Hills again interrupted and stated that means there will be a lawsuit and that the District would be named. Eric explained that obtaining counsel didn’t automatically mean litigation. Eric further stated that if their association wanted to be advised of what their legal rights are and who they might have recourse against, they should obtain their own attorney to give them that type of advise because Eric couldn’t give it to them nor could the VVWD board. Eric also stated that if they wanted to appoint a representative of the association to contact them (Bingham & Snow/District’s legal counsel) to see if they would be able to join the lawsuit and what that might entail, the District may be willing to entertain that.
    
    There continued to be an ongoing lengthy discussion regarding the set up of the complex; easements; property owner’s responsibility only from the meter and not the backflow device; developments being master metered; the defective pipe and the lawsuit being public information.
    
    John Paul stated that he wanted to clarify one thing because it was mentioned that it was the District’ product and wanted to make it clear that we did not manufacture the product.
    
    John Cox again and again stated that he wants the District to take responsibility from the backflow device to the meters, which is on private property, and was again told that was not going to happen.
    
    After further discussion going over and over the same topics John Paul closed the item.
    
    9. Discussion & Possible Action – Consideration to Appoint the Board President or Such Other Person as the Board May Designate to Represent the Virgin Valley Water District at the Annual Meetings of the Mesquite Irrigation Company and the Bunkerville Irrigation Company and to Vote the Virgin Valley Water District’s Shares in the Mesquite Irrigation Company and the Bunkerville Irrigation Company at Such Annual Meetings
    
    John Paul stated that he would be willing to do so as long as he was notified.
    
    Kenyon Leavitt made a motion to appoint the President of the Board of Directors to vote the District’s shares at the Bunkerville Irrigation Company’s and the Mesquite Irrigation Company’s annual meetings. Ted Miller seconded the motion and it was carried unanimously. 5-0
    
    10. Interim General Manager’s Report
    
    Pete had included a written report of his activities informing the board that Bowen & Collins have requested to move one of the PRV’s and that this had been taken care of. Pete also informed the board that Travis at Bulloch Brothers Engineering had contacted him and asked if they could change the PRV station on Canyon Crest and Horizon because after the final grade was achieved, the cover over the 16” line was slightly less than it should be and their solution was to pour a concrete block over the bedded pipe to protect it; otherwise the solution would be to dig up the line and adjust it, having Pulte development out of water for an extended period, re-disinfecting and flushing the pipe at a much higher cost, so he allowed Pride Contractors to pour the concrete.
    
    The State of Nevada conducted their normal sanitary survey on February 2, 2010 and there were a number of minor deficiencies which are being corrected.
    
    Pete also stated that he had arranged a meeting with Thatcher Chemicals for a strategy to reduce freight charges as they relate to chemical deliveries.
    Pete also wanted to make sure the board was still allowing the policy of purchases over $2,500 as it relates to meters, chemicals, water testing and monthly bills. The board expressed that they were inclined to continue with this policy.
    
    Ted Miller wanted the public to know that Mr. Peterson had included a written response to the boards’ action of increasing his salary 10% in the interim until a new general manager was hired and stated that he was respectfully declining the increase.
    
    Also, Pete asked for direction as far as sending plans to Erik Beyer for red-lining as they come in and the board stated that we should continue this.
    
    11. Hydrologist’s Report
    
    Boomer had not included a written report and was not present because of other commitments. Karl asked John Paul if he wanted to comment to the public about the situation before the State Legislator and our hydrologist’s involvement. John Paul stated that the Nevada State Legislation was called into a special session by the Governor to mainly close a gap of $900 million and he also introduced an amended session regarding the Nevada Supreme Court’s ruling on SNWA and other entities pertaining to water permits and water applications pending and filed. The Nevada Supreme Court did not like the answers given by the Nevada Lower Courts so they made a statement and sent it back to be worked out by the lower courts. This is what Governor Gibbons is trying to remedy at the Legislation level instead of taking it back to the Supreme Court or the lower court and in the meantime the Supreme Court was asked to reconsider the entire affair. It is now in one of three places: the legislations’ hands; the Nevada Supreme Court; or back to the lower courts. The Legislation met in a special session this past weekend and our hydrologist along with our lobbyist Randy Robison and legal counsel in attendance representing our position. They didn’t actually come out with a “fix” at the legislative session so it may come back to a second special session or it may be reconsidered by the Nevada Supreme Court or the lower courts.
    
    Eric stated that be believed at this point, is what happens is, there was direction from the State Legislation for the State Engineer’s office to take comment from various parties as far as what should be an appropriate fix from different entities.
    
    12. Public Comment
    
    There was no public comment at this time.
    
    13. Adjournment
    
    President John Paul adjourned the meeting at 4:30 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-03-02 (.pdf 33K)
  - 2010-02-22: Special Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 22, 2010
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on February 22, 2010, at the Virgin Valley Water District Office at 5:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Members Ted Miller and Mark McEwen. Also present were William Peterson Interim General Manager, Bo Bingham District Counsel, Michael “Boomer” Johnson District Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 5:00 p.m. Mark McEwen offered a prayer and Karl Gustaveson led the pledge.
    
    (NOTE): The minutes of this meeting have been recorded and will remain on file in the District office for a one-year period for public examination.
    
    AGENDA:
    
    1. Discussion & Action - Approve Agenda
    
    Kenyon Leavitt made a motion to approve the agenda as posted. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    2. Discussion & Possible Action – Consideration of Lease of Real Property for Telecommunication Tower Executed by the Virgin Valley Water District and Rebel Communications, LLC and Alternatives to Continued Operation Under Such Lease Due to Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30. Consideration and Possible Action to Determine Other Options for Radio Communications
    
    Cody Whipple representative of Rebel Communications presented a short power point presentation stating that as new technology expands with wireless communication you would have the ability to control well sites, which would be able to provide exceptional band width to each of our remote locations. Cody explained what you could do over an internet link that could never be done before with SCADA systems, tone remote, or with the variety of communication systems that have been in place over the last twenty years until Ethernet became available. Cody showed an example by going to Google Earth and showed a site in the Tule Desert and how they were able to receive information from 26 miles out and how the District would have a direct line of sight to all our locations now and in the future and able to control everything from an office location. Cody further stated that if there had been no trespass issues, Beacon Hill in Moapa would have had a line of site to this location and that the State of Nevada has gone out of their way to let the BLM know how important this site would be for sharing resources. Boomer mentioned expected sites and that even with the distance from Mesquite that the tower would still communicate to these sites.
    
    Kenyon Leavitt stated that we have been in contact with the BLM and they have indicated that the District does not have to transfer ownership of the tower, but the BLM is adamant that there will be no leasing to third parties and that the costs to the District were going to be a “pretty good chunk of change” and does not see how the District could afford.
    
    Cody stated that he is more than willing to continue working with the District and the BLM and with the BLM alleviating the trespass; Cody stated he was not in a hurry and wanted to figure something else out.
    
    Karl Gustaveson stated that it did make a big difference to the District regarding the leasing of the tower, especially with no assurances to the District from the BLM, Fish & Wildlife or other federal agencies on making a timely decision. Karl further stated that he was quite taken aback with the costs of this project. Karl requested Cody to run through the numbers of the actual cost of the project and Cody stated that he was not willing to give out these numbers or how he was going to run this site in a public forum. Cody stated that he was willing to work out an agreement hoping that the BLM would revise their RMP. Karl further stated that he just didn’t see the need and that there were other possibilities available to the District and that this board or previous boards’ were not given the opportunity to listen to other proposals. Cody stated that he was here today to listen to this boards’ proposal and asked for the board to tell him what they proposed. Karl further stated that if Rebel Communication built the tower for only VVWD’s use, it would have been built differently at a much lower cost and since third party leases will not be allowed, it would cost the District over building by 500%. Cody responded by stating if he were allowed to work through the process that the District could look for grants, etc. that would help the District and Rebel Communications. Cody explained why they built the tower on this site.
    
    There was further discussion regarding the agreement and what was expected if subleasing was allowed.
    
    John Paul asked Cody if the Water District were to propose purchasing the tower for $150,000 to $200,000, what his response would be. Cody stated that he could not respond to that and that he could not disclose because he didn’t want the information going out to the papers and competitors; but he couldn’t transfer the equipment for that amount.
    
    There was discussion as to leasing to third parties, access to the tower, putting up a tower without having any federal bureaucracy involved and the site itself. The trespass was discussed again along with the contract and the responsibility of contacting the BLM along with other agencies for approval. Boomer explained the ROW and how it would be amended when the District signed the Settlement Agreement with the BLM, but that the ROW would still not be a site type ROW for communications because it is within the ACEC and that the District could use for SCADA site, but it was not available for third parties.
    
    Bo stated that he wanted to make it absolutely clear from the BLM right now states that there can be no sublease by the District on this tower. The tower is on BLM property and they can dictate what they want to do within the perimeters of their property. They are amending the perimeters of the fence line, but they are not amending the use of the tower. There was further discussion regarding if the ROW had been changed earlier allowing the fence line; the BLM would still have not allowed for third parties on the tower since the tower was still on BLM property and within the ACEC. It was discussed why Rebel Communications did not contact the BLM for permission. Bo read paragraph #8 (Government Requirements) in the contract to Lease of Real Property for Telecommunication Tower between the VVWD and Rebel Communications, “At its own cost, the Lessee shall comply with all statutes, ordinances, regulations, and requirements of all federal, state, county, and local governmental entities insofar as they relate to the use of the premises on which the Improvements are placed.”
    
    There continued to be a lengthy discussion on the contract, subleasing, the costs associated with the construction of the tower and the burden to the ratepayers of the District. Bo also wanted on the record that multiple times it has been requested to go into a closed session; and of course we want to protect Rebel’s proprietary information and secrets and so forth, and that they (Bingham & Snow) have looked into this closely by looking at NRS.241 and have also contacted the Attorney General’s office asking if the District could go into a closed session with Cody and they indicated that we could not.
    
    There was further discussion on the trespass notice and extensions given by the BLM; this being a bad business deal all the way around; costs and responsibility of these costs; third parties who were going to be on tower and ever being able to sublease on the tower; this being a gamble; and obligations to the ratepayers.
    Cody stated that he wants to continue working with the District because he believes that the BLM will allow third parties on the tower in the future. Bo stated that it may be possible to craft a settlement agreement whereby you would put the burden on obtaining the approvals of the unknown from the BLM on Rebel Communications and we would maintain the status quo for a short period of time and in the event it doesn’t happen we would go our separate ways.
    Ted Miller stated that as far as the contract, it is null and void if you read paragraph 8; we don’t need the tower; we don’t need it for how long; and we need to sever our relationship with Rebel Communications.
    
    John Paul opened the item to the public and Kraig Hafen questioned who signed the agreement, which Mike Winters did with board approval.
    
    Karl Gustaveson made a motion to dissolve the District’s relationship with Rebel Communications and ask for the removal of tower so we can satisfy BLM’s request for Trespass. Ted Miller seconded the motion.
    
    Bo stated that from a legal standpoint, he would like to see Karl put in that motion is that the reason you are making that motion is because you feel that Rebel is, among other things, not in compliance with the contract, specifically with paragraph 8.
    
    Karl Gustaveson amended his motion to say that the primary reason for our decision is that the board feels that Rebel Communication is not in compliance with the contract, including section 8. Ted Miller seconded the amendment to the motion.
    
    Kenyon asked to comment on the motion and stated to Cody that he didn’t know where to begin and end; and it’s not that we don’t need a tower, but he cannot see an end and doesn’t know how we would get that tower paid for and wished things had gone different in 2007 than they did today.
    
    John Paul called for a vote on the amended motion and it passed unanimously. 5-0
    
    John Paul called for a vote on the main motion as amended and it passed unanimously. 5-0
    
    3. Discussion & Possible Action – Consideration to Approve Execution of the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30
    
    Karl asked Bo in light of the decision just made, for us to be able to resolve this, how would we approach this with the BLM? Would we send them a notification of our decision this evening telling them that it is our intention to go ahead and send them the check based on our decision no longer having the tower? Bo answered that Beth was expecting some type of explanatory letter, along with the signed settlement agreement. BLM was not willing to make any change to the agreement. That basically it was a take it as it is, this is the agreement. In the event the Board decides to execute that agreement, then yes we would craft an explanatory letter along with the agreement.
    
    Mark McEwen questioned where that would leave Cody with the building and equipment in the eyes of the BLM. Bo stated that we could meet with Cody and talk with him further with what he wants to do with the tower. Bo further stated that he didn’t think that they (BLM) cared. At first they said we had to take ownership of the tower and then they said we did not, so he thinks they will be okay with however that is handled; but we just can’t sublease it and it doesn’t have to be down by March 5, 2010. Bo stated that Cody insinuated that it may take four to six months to remove the tower.
    
    John Paul opened the item for public comment and Kraig Hafen asked if everything is settled, and Cody can get it signed off from the BLM, and comes back to the board and says here it is, and no one is under the gun, seems like there is no harm, no foul; the board may be open to something like that.
    
    Boomer commented that associated with the building there is an unoccupied structure for communication equipment, the tower and associated with the tower is a substructure on that and are we looking to have that removed also.
    John Paul stated that at this point it is not our property and that would be up to Cody in regards to the tower and building and substructure.
    
    Karl commented that we do not own the land and we use as a ROW because the BLM owns the land and eventually if we leave that ROW, VVWD would be responsible for removing that foundation and we would have to bring the land back to where it was.
    
    There was further discussion as to the gamble that Cody may be able to settle or work out an agreement with the BLM to sublease the tower in the future and the ROW that the District holds.
    
    Kenyon Leavitt made a motion to execute the proposed settlement agreement with the United States Bureau of Land Management to resolve all trespass and unauthorized use issues associated with the site of Virgin Valley Water District Well #30. Mark McEwen seconded this motion.
    
    Karl asked Bo if there needed to be something included in motion regarding the motion made tonight with Rebel; that we have severed our ties with Rebel and resolved the tower issues. Bo stated that the settlement Beth requested was, in the event the District decides to move forward with Rebel, we’re not going to interfere with that business relationship, but you have to very carefully craft a letter to be sent in with that settlement agreement explaining exactly what your situation is with Rebel. It was further discussed that we severed ties with Rebel and did not enter into an agreement with them and what should be done. Bo stated that he did not think that we needed to carefully craft a letter, but that he wanted clarification from the BLM on a lot of issues; one is what to be done with the improvements.
    
    Kenyon Leavitt amended his motion to state that we craft a letter to the BLM acknowledging the District severing the agreement with Rebel Communication and to have the Interim General Manager to sign the settlement agreement. Mark McEwen seconded the amended motion and the amended motion passed unanimously. 5-0
    John Paul called for a vote on the original motion as amended and it passed unanimously. 5-0
    
    4. Discussion & Possible Action – Consider Authorizing Use of Additional Lobbyist in Support of Bill Draft Request Submitted by Nevada Division of Water Resources Dealing with Applications held by Virgin Valley Water District
    
    Boomer stated that this was a general placeholder knowing that rumors of a proclamation by the Governor, including a bill draft request dealing with the Supreme Court Ruling, but nothing has happened. The status has not changed on the Supreme Court Ruling; there has been no proclamation by the Governor to include this as part of the special session; and we do have a lobbyist, Randy Robison on retainer.
    
    John Paul stated that we may be able to work with SNWA and their lobbyists if such a proclamation does result.
    
    Kenyon stated that he had spoken with Randy Robison last week and he was of the opinion that we really didn’t need anything because there was nothing on the agenda for the special session.
    
    Karl questioned counsel and stated that we do not know when this might come on so should we maybe put a placeholder on the next agenda for next Tuesday. Bo stated that he had spoken with Randy as well and we would have a lot more information before the next meeting.
    
    The item died for a lack of a motion.
    
    5. Discussion & Possible Action – Discuss the District’s Possible Participation in a Motion for Reconsideration and Possibly Intervening in the Remanded Case Based on the Recent Nevada Supreme Court Decision in Great Basin Water Network vs. State Engineer
    
    Bo stated that it was very possible that the parties in the recent Supreme Court decision will be resubmitting a document, possibly a motion for reconsideration of the Nevada Supreme Court asking them to reconsider the issues that were argued. In the event that happens, we’ve been approached and asked to participate in that as one of the parties that rights could be severely affected by that ruling and in addition as it relates to remanding that case back to the District Court for further treatment. We’ve been contacted by Moapa Valley Water District (MVWD) and there are other parties may also be affected by that remand and whatever action the District Court decides to take. We’ve been approached to possibly take, as an intervening party, to take board action and it may be a good idea to do that as it develops; we don’t have a lot of definitive information on that other than a phone call with MVWD attorney and Bo has requested additional information on that and we will provide that as it comes.
    
    John Paul asked if this required a motion or direction to legal counsel. Bo stated that direction to legal counsel from the board to explore these issues and maybe come back to the board with additional information would be a good approach.
    
    Ted Miller made a motion to direct legal counsel to have more information at the next board meeting. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    6. Public Comment – There was no public comment at this time.
    
    7. Adjournment
    
    President John Paul adjourned the meeting at 6:58 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-02-22 Special (.pdf 24K)
  - 2010-02-16: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 16, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on February 16, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Karl Gustaveson led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller requested that item #6 be pulled from the consent agenda for discussion.
    
    Karl Gustaveson made a motion to approve the consent agenda items 1 through 5 removing item #6 from the consent agenda and making it the first item on the regular agenda. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item #6 pulled and heard as the first item after the consent agenda
    
    2. Discussion & Action – Approve Minutes from 1/19/10 Regular Meeting Tabled from 2/2/10 Meeting
    
    3. Discussion & Action – Approve Minutes from 2/2/10 Regular Meeting
    
    4. Discussion & Action – Approve Minutes from 2/2/10 Closed Session Meeting
    
    5. Discussion & Action – Approve Financial Statement for December 2009
    
    ** End of Consent Agenda**
    
    6. Discussion & Action – Approve Bills Paid
    
    Ted Miller made a motion that any invoices from George Benesch come before the board before we pay them.
    
    Kenyon Leavitt stated that I think they do now and that is what this approve bills is for. Ted asked how the last one was paid and Kenyon stated that somebody made a motion to approve the bills to be paid and it was seconded and voted upon and it was paid. There was further discussion on the process of approving the bills to be paid or pulling the item from the consent agenda if there are any questions. Karl stated that he understood Mr. Miller’s concerns and questioned if it would be possible for the board members to receive copies of that bill prior to the actual voting in the next meeting, directing question to Mary. Mary stated that she could scan bill and e-mail to board members. Karl further stated that he didn’t think that we wanted to be thirty days behind on any of our bills. Kenyon stated that no work outside of the District is to be done without somebody’s approval, be it the general manager or the board. There was further discussion on how the bill process works and that any board member does have the right to challenge any bill.
    
    The motion died for a lack of a second.
    
    Kenyon Leavitt made a motion to approve the bills paid as submitted on the consent agenda in the amount of $201,793.45. Karl Gustaveson seconded this motion and it was passed 4-1 with Ted Miller opposed.
    
    7. Discussion & Possible Action – Consideration to Approve a Cost of Living Allowance (COLA) for Virgin Valley Water District Employees Effective July 1, 2010 – Tabled from 2/2/10 Meeting
    
    Karl stated that the board had received direction from staff and provided the board with copies from the Bureau of Labor Statistics stating the actual increase in inflation costs. This shows that it was actually a minus (-0.4) and a cost of living would actually be based on this number. Karl suggested that since there is no inflation, that a COLA would not be applicable and something we would not want to consider doing at this time.
    
    Kenyon Leavitt made a motion to not give a cost of living or COLA at this time. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to Approve Interlocal Contract Between State of Nevada Employees’ Deferred Compensation Committee and Virgin Valley Water District
    
    Karl stated that he understood that this was just a continuation of our current program and Ted stated that legal counsel had reviewed and agreed.
    
    Karl Gustaveson made a motion to approve the Nevada Public Employees’ Deferred Compensation’s extension of the program through 2012 with the VVWD. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration of Lease of Real Property for Telecommunication Tower Executed by the Virgin Valley Water District and Rebel Communications, LLC and Alternatives to Continued Operation Under Such Lease Due to Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30. Consideration and possible action to determine other options for radio communications.
    
    Karl stated that this item had been brought up at one of our last meetings and we must deal with the BLM Trespass Notice. There have been up to six extensions and we have been given a final extension and definitely a decision needs to be made on the direction we need to go on regarding the tower. The approval of the tower was voted on by this board with the assumed knowledge that there would be no costs to the VVWD and that revenues would come in by other people using the tower; and not only would it be paid for, but it would also be a profit center at the rate of 50% of whatever the revenues were at the time. Karl further stated that obviously this was not going to happen and that the tower must be removed or the tower must be put in VVWD’s name. No equipment is installed on the tower. Rebel Communications has been given an extension until March 5, 2010 and Karl’s suggestion was, at this point and time, that we consider letting Rebel take their tower or another option, which we may not be able to do on this agenda, but funding was not voted on and funding is not available in this budget to pay for this.
    
    Bo Bingham stated that their understanding was the same, as of today, and that March 5th was a drop dead deadline to have the tower removed or transfer ownership or otherwise resolving the issue. Bo also acknowledged that Cody Whipple was here representing Rebel and he should have an opportunity to address and provide information, but before we get there, Bo wanted to answer Ted’s question. Bo stated that there are new developments as of today. Eric Wilbanks has been in touch with Beth Ransel of the BLM multiple times over the last several weeks, if not months, and at all times the indication was that this March 5th deadline was the deadline and the terms of her previous letter were controlling. She indicated today that this was not necessarily the case. She indicated today that the agreement will not be modified. Bo stated that on a legal stand point, they would feel more comfortable if the agreement were modified to take out some of the language prohibiting sub-leasing, prohibiting language that could somehow be construed that we could be in violation of the current permit under the current ROW; however she did indicate that if a letter was sent confirming the conversation that Eric had with her today, that it looks like there could be some additional options. Bo stated in his personal opinion that Boomer had raised some issues before the board regarding the need that perhaps this tower provides line of sight and other things we can get into, but Bo suggests that this might be addressed and discussed whether or not this is accurate. Does the tower provide some kind of additional benefit to the District that we don’t currently have or currently use or obtain in some other location? Bo continued and stated that it appears that we do have a little bit of room to possibly work something out with Rebel according with what Beth Ransel is indicating on behalf of the BLM. If the board is interested in doing something out along those lines there are issues along those lines. This is a very, very significant issue before the board right now. Bo stated he would like to see a lot of deliberation from the board on this; he’d like to see Boomer provide any information; he’d like to see Cody provide information, and if others have information regarding this issue they should provide it because he thinks we should act very carefully here. Potentially it could be a benefit to the District; on the other hand, if it’s not done correct he fears that litigation could ensue and in addition, we could run afoul of BLM requirements so we need to tread very carefully as the board considers this issue.
    
    Ted questioned where we stand on the BLM trespass issue and John Paul stated that this was the next item, but Ted asked isn’t that going to have bearing on what we do here. Bo stated that yes, and as it stands right now, Beth Ransel of the BLM has unequivocally indicated that we can keep things as they are, meaning leaving ownership of the tower in the name of Rebel and beyond that March 5th deadline and still be okay. This is why Bo would like to draft a letter confirming the telephone conversation held today with Beth Ransel and in that letter stating that she agrees that we are going to proceed as we are right now. Bo further stated that before we get to that issue, the board needs to make a determination whether or not we want the tower; whether the tower will be beneficial to the District; does it make sense; what are the terms under which how things are going to be worked out with Rebel relative to paying for the tower; are additional revenues going to be generated; how are those going to be divided; can the District get into this area legally accepting revenues and entering into some type of agreement; along with a whole lot of other issues; and make sure we are fully informed.
    
    Karl questioned how much more time we had. Bo stated that if the board was interested in pursuing this we could sign the settlement agreement now; attach a letter with it confirming the conversation; the ownership of the tower will not be changed; it will stay in the name of Rebel unless somehow the District wanted to purchase the tower. Karl questioned the ownership staying in Rebel’s name and Bo stated that he had a letter from Beth Ransel stating that the ownership of the tower has to change, but the settlement agreement does not expressly state that. The settlement agreement specifically states that we cannot sub-lease the tower. Bo further stated that he did not feel comfortable entering into a situation where we could be subject to either violating the ROW or something along those lines. It was discussed whether this could be tabled and moved to a different date so the board would be fully informed.
    
    Ted questioned Boomer of the need for the tower in that location and Boomer stated that as of today, no, but down the line, yes, and that the District’s need is growth dependent and Boomer mentioned different projects coming down the line and that the tower is within the line of sight of all facilities of the District now and in the future.
    
    Cody Whipple of Rebel Communications stated that a lot of communication systems are tone remote, meaning that you use antennas over land mobile radio systems to communicate, but as things progress, you have this digital age and that everything would come into a switch right here in the office which makes its way all through desktops in the office, but most importantly with that location, and that was a big benefit to the Water District, is that it would be a single point of radio and it has the ability to hit all the locations; it could bring all that broad band back into one location without having to use multiple towers around the area.
    
    John Paul questioned the generating and splitting of revenues. Cody stated that he had sat down with Bob and Beth at the field office and they are very receptive to the idea of why this site is important, not only to the Water District, but also to the State of Nevada, Las Vegas Metro Police, Clark County and Lincoln County Sheriff’s Department. There are a lot of co-users out there interested in this site and that’s when they brought up that there is an RMP (Resource Management Plan) in process that if it’s passed will allow site type ROWs. Cody further stated that as in 2007,
    he is here for the District’s benefit as well as his benefit. Cody further stated that he had the idea of creating one site that all the public safety users could join in and have a magnificent coverage area and all coverage areas are equal and in this aspect, the BLM is very understanding. Cody feels that the settlement agreement is where we need to start and get rid of the trespasses then he could come back in here again and Boomer could start looking for a grant or some type of way we could work together.
    There was discussion of why this was even an issue when it didn’t need to be if things were done correctly in the past.
    
    Bo made a statement that he was absolutely shocked today when the response came back that the position of the BLM had changed. One legal concern of the various legal concerns here has been somewhat alleviated now; we’re not in a position to give final legal direction at all because additional information needs to be obtained, but at least from this point, we have some time and perhaps since we are up against a deadline we need to have a workshop or something to make a determination if the information Boomer was given relative to site lines and all, that how viable that is.
    
    There was discussion regarding statements made; timeframe in which things should happen; the telephone conversation with Beth Ransel on this date; the towers benefits, need and use in the future; the RMP in process; cost of tower, paying for tower and it not budgeted for.
    
    Karl stated that this hinges on the BLM and changes take time, especially with the BLM and agreed with the need, but wondered if it couldn’t be done another way. Boomer stated that the BLM does update the RMP and is in that process.
    Cody commented that with the settlement that we cannot go and lease that tower and that no work has been done to the tower since the cease and desist letter in the very beginning, but it doesn’t take away someone else requesting to use the site.
    
    John Paul mentioned the signed agreement between the VVWD and Rebel Communications and was inclined to believe that Cody was not willing to re-negotiate the terms of this agreement between now and then and Cody stated that was well put. Cody stated that the agreement must be revised from the stand point that we would need to get in a work group session and revise, but we have to get rid of the trespasses first.
    
    There was discussion regarding the ROW, sending the letter, paying the fine, ownership of the tower; Bo’s concerns and not comfortable with the agreement the District entered into with Rebel specifying for payments to begin in April of this year and believes that this should be resolved now and we need to figure out some of these issues now. Cody stated that he would share all his information, but with deadline, etc. he would agree to a workshop.
    
    Another legal issue Bo anticipates is what happens when the BLM, even though they are telling us everything looks good, what happens if ultimately the BLM changes and we are stuck with a second agreement with Rebel and the BLM says no. From a legal prospective Bo recommended that we not get into that situation, but shift the burden to the other party.
    
    There was further discussion regarding the letter to be sent to the BLM, other alternatives if an agreement couldn’t be worked out with Rebel and items within the agreement with Rebel. There was further discussion of times, dates, workshop or closed session, getting a letter response out immediately to the BLM, etc.
    
    Kenyon Leavitt made a motion to table this item and that we set up a special work meeting to discuss this item February 22, 2010 at 5:00 p.m. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration to Approve Execution of the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of Virgin Valley Water District Well #30
    
    Kenyon stated that we’ve pretty well discussed this and that the only change is we would be sending out that letter along with the check. It was determined that the letter would be getting a better understanding from the BLM and where we are at, but as far as the execution of the settlement agreement we should wait until the next meeting and after approved, a check would be issued.
    
    Cody stated that he would like to see the settlement agreement dealt with sooner than later along with his concerns. There was further discussion on the BLM accepting the letter and the settlement agreement. Bo stated that he felt we could accomplish both things by continuing to work with the BLM as quickly as possible getting additional clarification. Bingham & Snow will be sending a letter to the BLM regardless tomorrow confirming the conversation with Beth Ransel, but for legal reasons, Bo is not comfortable with just signing the settlement agreement right now. There was some discussion on the time frame and Kenyon questioned if this could not be taken care of at the meeting scheduled for the 22nd.
    
    Kenyon Leavitt made a motion to table this item until February 22, 2010 at the special meeting and add this as an action item. Ted Miller seconded the motion and it was unanimously carried. 5-0
    
    Boomer disclosed that he would not be able to attend the regularly scheduled meeting on March 2nd due to NWRA activities.
    
    11. Discussion & Possible Action – Consideration of Appointment of Interim General Manager to Serve until General Manager Position is Filled. Possible Action May Include, but is not Limitited to, Appointment of Interim General Manager and Granting the Appointed General Manager with Authority to Temporarily Manage the Day-to-Day Operations of the Virgin Valley Water District
    
    Kenyon stated that we were a bus with no driver and we needed someone to run the day to day operations and that we needed someone aware of what is going on and after looking at the possibilities of who could take care of that. His recommendation would be to appoint Boomer as the interim general manager as he is aware of the day to day operations and the issues at hand.
    
    Karl stated that he has also had the opportunity to look at, and Boomer has made it pretty clear that this is something that he would prefer not to do. In fact he asked not to have that position.
    
    Boomer stated that be believed at the last meeting, knowing that we were going to be advertising for a general manager, that he would not be applying for that permanent position, but he also agreed that he would do anything necessary for the District. Boomer further stated with his hydrological background that he would not want the general manager position, but he would assist in bridging the gap until a permanent general manager was hired.
    
    Karl mentioned that we have an individual, William “Pete” Peterson, with a D-4 (Distribution-Grade 4) with 30+ years experience along with a T-2 (Treatment-Grade 2) and working on a T-3, hoping to take that up to a T-4 on a temporary permit. Karl further stated that he has had an opportunity to talk with Pete and he, like Boomer, doesn’t want anything permanent, but is willing to assist in the interim.
    
    There was some discussion following proper procedures, pulling Pete into the front office and someone else taking his position, duties and allowances for a pay increase. There was discussion on an amount of an interim increase in wages.
    
    Karl Gustaveson made a motion to appoint William Peterson as the interim general manger until the general manager position is filled with a 10% salary increase and to go back to his existing position and salary after a general manager is hired. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    12. Discussion & Possible Action – Consideration of Preparation and Publication of Notice of Job Opening / Job Description for General Manager Position. Possible Action May Include Approval of Notice of Job Opening / Job Description, Instructions to Publish and Post Notice of Job Opening and Selection of Publications and Periodicals Within Which to Publish Notice of Job Opening
    
    Karl asked Bo to bring them up to speed. Bo presented a draft for the board to consider and stated that this was a work in progress and revisions could be made today and ultimately the board would approve what language to use and we could get this published. Bo gave some background where this draft came from and discussions they have had. Bowen & Collins provided assistance in drafting the job description, free of charge and they have also been involved in hiring processes and interviewing processes. Other assistance was obtained from the City of Mesquite,
    Ted Miller and the District’s Administrative Assistant. There was further discussion on places to advertise and the costs associated; and with the length of the job description we may need two versions, one for newspapers and one for websites. There was discussion on forming a committee with no more than two board members and possibly Pete and possibly others to review the resumes as they come in and other different options to streamline the process. The board then discussed a salary range for the position for a great length of time.
    
    Kenyon Leavitt made a motion to take the job summary and handout received from legal counsel with a salary range of $71,000 - $95,000 and to post in the websites listed, the local papers and all the regional papers and on the AWWA website, in the Review Journal, Salt Lake Tribune, Deseret News, Arizona Republic, NWRA. All those listed here is where we should post it. Mark McEwen seconded the motion.
    
    Bo questioned if the Board was going to continue deliberating on this or does this also include an approval of the job description as written; do you want to give an abbreviated version of the job description for the newspapers; do you want to set a budget amount on what you want to spend; do you want to set a time of how long you are going to publish for? There was further discussion on the length of time to publish for and the costs associated. Tim Hacker suggested that you hit Sunday in the newspapers and that newspapers were more of a formality because you will probably get most of your job seekers with the on-line publications and cautioned about too many newspaper prints because of costs.
    
    Kenyon modified/amended his motion to limit postings to the Review Journal, Salt Lake Tribune and the Arizona Republic and websites as posted; on a Sunday for the newspapers and 21 days on the websites.
    
    There was further discussion on length of publication and closing dates and then Tim Hacker mentioned that the trend is now that you state “First closing of the position is a such and such date but the position will remain open until filled”.
    
    Kenyon Leavitt stated that he was scrapping both motions and starting over.
    
    Kenyon Leavitt made a motion to accept the job description as presented and post in the Review Journal, Salt Lake Tribune and the Arizona Republic for one weekend within time frame of now until March 12th and that we post in websites as listed and the District’s website; and that the wage range be from $71,000 - $95,000; and to state that the first closing date is March 12, 2010 with the verbiage that the position will remain open until filled.
    
    Bo questioned if you wanted an abbreviated job description for the newspapers?
    
    Kenyon stated that yes we wanted an abbreviated job description for the newspapers and to direct them to our website. Karl Gustaveson seconded the motion.
    
    Mike Chandler asked if relocation would be required. There was discussion on this matter and then John Paul called for a vote.
    
    The motion passed with a vote of 4-1 with Ted Miller opposed.
    
    13. Hydrologist’s Report and Power Point Presentation as Given by Michael Johnson to Public Lands
    
    Boomer informed the board that his lap top booted up earlier, but it won’t boot up now so he went through the presentation with the information included in the packet. Boomer reviewed the size of the Virgin River Basin; the VVWD municipal system; the VVWD arsenic treatment plants; the District’s ground water resources; the District’s surface water resources; the District’s population and use; conservation; and the growth and challenges.
    
    After his presentation, he informed the board that the City of Fallon would be having a mandatory pre-bid meeting here on March 18th for their project of retrieving the tank they purchased from the District and its erection. Boomer also informed the board that he had filed an extension of time for one of our permitted water rights last week and has made some corrections/modifications to four of the applications that we re-filed in Basin 222 and that he was meeting with Fish & Wildlife on Friday. He also stated that after having legal counsel review Ordinance IV, it would be coming back before the board and that the cost of an EDU has gone from $550 to $275.
    
    14. Public Comment
    
    Morris Workman asked if the District was involved or have used pipe that is in the lawsuit filed by the State of Nevada against J.M. Manufacturing. Boomer explained that this was a classic Whistleblower lawsuit and that chances are that we do have that type of pipe in the ground.
    
    15. Adjournment
    
    President John Paul adjourned the meeting at 5:50 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-02-16 (.pdf 32K)
  - 2010-02-02: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    FEBRUARY 2, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on February 2, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt, and Board Members Ted Miller and Mark McEwen. Also present were Michael Winters General Manager, Bo Bingham and Eric Wilbanks District General Counsel, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – Don Paff offered comments on Cecil Leavitt’s service as a board member.
    
    Discussion: Board Comments - None
    President of Board Comments – John Paul read a prepared statement that was added to the record as part of this meeting. John stated that the board was determined to be an “informed” board and procedures followed in the past were no longer to be followed. He continued to state that the board must set policy and that they were ready to lead. John gave examples of where the board was not properly informed and of the problems that have occurred because of the lack of communication and that the board “must direct” from this point forward.
    
    CONSENT AGENDA:
    
    Karl Gustaveson stated that he wanted the minutes from the previous meeting held back and reviewed by counsel against the tape because of statements made by staff that were not in the minutes and have these minutes come back at the next meeting for approval. Karl further requested that item “6” be pulled and brought back at a later date.
    
    John Paul would like item “4” moved down to be heard after item “9”.
    
    Karl Gustaveson made a motion to approve the consent agenda as listed below with item “6” being removed and brought back at a later date or the next meeting for a date certain and have the minutes brought back after reviewed by legal counsel against the tapes and the full minutes reflected in the minutes and that agenda item “4” be heard after item “9”. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item “6” removed. Item “4” to be heard after item “9”.
    
    2. Discussion & Action – Approve Minutes from 01/19/10 Regular Board Meeting – Held back until reviewed by legal counsel against the tape and the full minutes reflected in the minutes.
    
    3. Discussion & Action – Approve Bills Paid - $561,487.50
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to Approve Use of Proposed Public Records Request Form
    
    Bo Bingham stated that per NRS the VVWD is considered a public entity and all information obtained and records kept are considered public information except those considered through litigation or privileged or confidential. Previously the District did not have a way for the public to come in and make that request with a specific form so counsel prepared this form for the board’s review so that those requests can be made and be tracked.
    
    Kenyon Leavitt made a motion to approve the use of the proposed Public Records Request Form as posted. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action - Performance Evaluation of, Michael Winters, General Manager. Possible Action May Include, but is not Limited to, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, Salary Increase, or ‘No Action’. (The Board of Directors May Consider Character, Alleged Misconduct, Professional Competence, Physical or Mental Health Pursuant to NRS 241.031.)
    
    Bo began by stating that it was his understanding that reviews in the past have taken place for Mike Winters, and Mike Johnson as well, and that they were formally operating under employment agreements until they were governed under the Administrative Policy and Procedures Manual that was adopted November 4, 2008. Bo further stated that the verbiage of the agenda item comes directly out of the Open Meeting Laws established by the Attorney General.
    
    Karl Gustaveson started out stating that he had a number of concerns concerning Mike Winters. His concerns consisted of previous experiences and the processing plant to purify water that was originally to be built at the well #27 site on the 18th hole of the Oasis Golf Course. Karl stated that he sat on the Mesquite Vistas HOA Board and that Mike had not bothered to look at the CC&R’s and that there was a long period of time before he went before that HOA that governed the property in question. Karl stated that the association was willing to work with Mike, but there were issues with architectural issues and then digging started one weekend without the approval of the Mesquite Vistas HOA Board and the City of Mesquite without having a building permit. Karl stated that he has concerns with Mike’s “go ahead and fix it later attitude” and the costs to the ratepayers. Karl stated that he appreciated the fact of Mike’s many years of service to the District and that his attitude may have worked in the past, but that it doesn’t work now. Karl also mentioned his concerns with the well that was drilled without BLM approval and the arsenic plant that was built off Falcon Ridge Parkway on land that is currently owned by the City and previously owned by the BLM and the delays incurred because of problems with the proof of ownership of the property. Karl also stated his concerns on the communication tower that was built without BLM approval and fees associated that the District will now have to pay to BLM and possible repercussions with the agreement between the District and Rebel Communications.
    
    Mark McEwen questioned the time frame on Karl’s concerns regarding the Mesquite Vistas property and the Falcon Ridge Plant.
    
    Ted Miller stated that he would like to review Mike’s leadership with the District since he’s been here. Ted stated that Mike’s first “big (unintelligible), or whatever you want to call it”, was when he and his staff failed to get paperwork correctly done for applications to get water out of Tule Desert or Basin 221 and that the District has spent hundreds of thousands of dollars on this issue. Ted further stated that next, Mr. Winters went over to Arizona and says “well we’ll get some of your water” and reverses it. Ted further commented that his wife received a phone call and was informed that the only way you could get anything done over there was to use a company that Mike Winters approves of so he can get kick backs from them and then Mike was in Arizona telling them that we didn’t need their water. Ted continued, stating that Mike informed the board that the only place you could treat water for arsenic was at the wellhead referring to the property Karl talked about on the 18th hole of the Oasis Golf Course owned by Ted Lee and the problems that occurred at this property and then having the arsenic plant actually built on property on Hardy Way, that is in question itself. Ted further commented on the construction of a new building and after he thought that constructing a new building was dead, an item was on the next agenda and 16 contractors showed up that had answered a bid to construct a new building for the District. Ted then commented that he had spoke to Mike regarding the chief hydrologist receiving huge outside consultation fees while employed by the District and that maybe we should move him from a full-time employee to a 1099 employee because we could be held liable for him and be sued and Ted stated that Mike said not to worry because as a government entity we could not be sued for over $50,000 and our insurance will pay it. Ted made further statements regarding attorneys and Mike using George Benesch when Bingham & Snow were to be the District’s sole attorney; the costs of legal fees; Mike and his cronies reversing their stand on Basin 221; the debt of the District; a rate study being conducted; and finally stating that Mike Winters should be replaced.
    
    Mark McEwen, after listening and taking notes, stated that he would like to comment and stated that he resents some of the statements made by the two other board members and that this evaluation should be based on job performance and not character. Mark repeated some of the statements made and stated that these were completely out of the realm of what we should be talking about and resents the fact that words like the ones he repeated were being used to discuss a man’s 16 year performance. Mark further stated that he wanted to make it perfectly clear that he is neither saying that Mike Winters should be here or not be here, but he is here to listen to the facts and the facts are what should be considered.
    
    Kenyon Leavitt stated that he has sat on the board during all the situations that Ted and Karl talked about and that he doesn’t remember it the same way that they saw it. Kenyon further stated that Mike should have a chance to address those issues and that he knows that Mike hasn’t done everything correct, but has everyone else done everything correctly. Kenyon brought up the fact that Mike stated at the last meeting had secured an additional 1.2 million dollars from the ACOE for the drilling of well #34 and the money brought in for the construction of the arsenic treatment plants.
    
    Karl again remarked on Mike and Boomer’s 180° change regarding Basin 221. Bo remarked that after the last meeting, and knowing the board’s concern, he contacted Mike Wolz, attorney for State Engineer, and was informed that no determination has been made, including Vidler litigation. Karl continued, commenting on e-mails he had in his possession regarding land purchased for the arsenic plant and water purchases. Karl further stated that he appreciates the comments about receiving the grants and that he has been attending meetings since last July and the boards’ frustration with agenda items and how the board works with staff. Karl further commented on facts that have been hidden; that the board should be beholden to the rate payers; that we can’t go on with bickering between communities; and that he can’t support Mike when he is not credible or honest.
    
    Brett Whipple, attorney for Mike Winters, asked to address the board. Bo commented on NRS and why Mike had to be evaluated in an open meeting and that Mike had a right to an attorney present. Brett stated that he has had an opportunity to visit with Mike Winters and that Mike’s intent has always been to do the best for the board and citizens and that this was a difficult situation. Brett further stated that he wanted to be fair to the process and stated that a criminal investigation was mentioned and wanted it known that he had an opportunity to go to Mr. Scott Mitchell and inquired about the grand jury investigation and was told that was not true and that the information was before David Rogers and his team of attorneys and they would make a determination to file charges and that the grand jury has nothing to do with this. Mr. Whipple further stated that Mr. Winters has done everything he could for the betterment of the community; has brought in millions of dollars; and if you look at the evaluations over the last three years, that they are all positive reviews so why now is this an issue and not then.
    
    Ted questioned Brett Whipple and who was paying him and he answered that Mr. Winters was. Ted stated doesn’t that say volumes that Mr. Winters has to hire an attorney to represent him to the board. Mark stated that he was looking for fairness and Ted warned Mark about where he was at there. Bo recommended that the board and the public wait to speak until the President, John Paul, recognizes you.
    
    Mike Winters stated that he would like to address many of the accusations made tonight, but he would like an opportunity to prepare that information for the board. Mike further stated that Mr. Miller’s and Karl’s accusations are not correct and not as they portrayed, and he would like to prepare a statement for the board.
    
    With no other remarks from the board, John Paul said he would send it to the board for a decision and Kenyon asked if John didn’t have something to say. John Paul proceeded saying this would go back three years and that time and time again he faced a problem of not believing what was being told to him. John recognized Mike’s 16 years longevity of service, but also recognized how it got started and grew. He mentioned that many times he has said that Mike Winters’ water delivery service has been acceptable and a very good job, however, the other aspects of a general manager’s duties was administrative ability and to handle things that didn’t exist 16 years ago and as the community grew and his occasions to learn to do things
    administratively, Mike didn’t grow. John further mentioned instances of where he has wanted Mike to grow administratively and he hasn’t.
    
    Mark McEwen asked Mr. Winters what the mitigating circumstances would be if the board voted to fire Mike and that he was not choosing to make any remarks on comments made and he doesn’t have anything to refute on the comments made.
    
    Mike again stated that was why he wanted to be able to listen to the tape and pull records to answer the allegations. Mark then asked if Mike would answer his questions and continued to ask about the processing plant and the construction beginning before a permit had been issued and Mike stated that Longview Construction began digging without permission from him, Bowen & Collins or MMC. Mike further stated that the District had a lease agreement with Mr. Lee and that Mr. Chandler worked with the HOA. Mark asked about the plant off of Falcon Ridge Parkway and the remarks made about working with the City and Mike stated that he works well with all departments. Mark then asked about the communications tower and Mike answered that he had put a fence outside ROW because of security issues. Mark continued with questions regarding the water applications in Tule Desert and the expediency of giving George Benesch $16,000 to file applications and Mike explained.
    There was further discussions’ regarding the applications, the communications tower, the arsenic plants and legal counsel.
    
    John Paul opened the item to the public and Mike Chandler with Bowen & Collins commented and offered another perspective to Longview Construction’s breach of contract on the arsenic plant. Harold Surgeland questioned the original date of filing and Bo answered. John Paul then closed public comment.
    
    Ted Miller made a motion, in as much as the general manager is an “at will” employee of the board, that they replace Mike Winters as General Manager of the Virgin Valley Water District. Karl Gustaveson seconded this motion.
    
    Kenyon questioned if the motion was to get rid of Mike completely from the Water District or as just the general manager and Ted responded that the motion was to replace Mike Winters as the general manager and the next general manager would determine if we should hire Mike in some capacity. With no other questions, John Paul called for a vote.
    
    The motion passed by a vote of 3-2 with Kenyon Leavitt and Mark McEwen opposed.
    
    Bo stated that before you move to the next item and based on the recent action of the board of terminating immediately, you may want to decide how this is going to be done. Bo stated that Nevada Law is pretty specific on what happens when terminating an employee and some of these issues should be addressed.
    
    Ted Miller stated that in the interim, he thought there would be an employee within the staff that has the same class to operate the Water District as Mr. Winters and that we cannot allow Mr. Winters back in the building except other than the public area. Ted further stated that he didn’t know if the locks needed changed, but that the computers needed secured; that staff would escort Mr. Winters to have him remove his personal stuff.
    
    There was further discussion regarding procedures on termination of an employee and how to move forward. Bo stated that the board needed to determine if Mike was terminated with cause or without cause as an “at will” employee stating that with cause, there would be no severance pay and without cause, he would receive three month’s severance pay.
    
    Mark McEwen made a motion to pay Mike Winters three month’s severance pay. Kenyon Leavitt seconded the motion.
    
    Karl Gustaveson asked to expand the motion in that no documents would be taken out of the building, not returning to the building, turning in his vehicle.
    
    Mr. Brett Whipple commented that Mr. Winters had already turned his key to the truck over to an employee and that a representative of Mike’s would come in and retrieve his personal belongings.
    
    Mark McEwen amended his motion, and wanted it very clear on the record, that Mr. Winters was let go as an “at will” employee and not from malfeasance; that his representative be let back into the building to retrieve his personal belongings; and that the issues of the vehicle have already been solved (the keys have already been turned over). Kenyon Leavitt seconded this motion.
    
    Mark McEwen also stated that as part of his motion that Mr. Winters receive his severance pay within 24 hours and his representative would be able to retrieve his personal belongings. Kenyon Leavitt seconded the amendment to the amended motion. John Paul called for a vote and the amendment to the amended motion passed unanimously. 5-0
    
    John Paul called for a vote on the original motion as amended and it was passed unanimously. 5-0.
    
    John Paul stated that before we went to item “8” that we would have a closed session meeting and everyone would have to leave the board room.
    
    Bo went on to explain the difference in the types of employees’ Mike and Boomer were, and why Michael Johnson was able to have his evaluation in a closed session. Eric further explained that they could go into closed session, but that no formal action would be taken in the closed session.
    
    Ted Miller made a motion to close the meeting and go into closed session to evaluate Michael Johnson. Karl Gustaveson seconded the motion.
    
    Eric stated that statutes were specific in going into closed session to meet Open Meeting Laws and that you must specify what statute you are using to go into closed session.
    
    Ted Miller stated that per NRS 241.030, I move that the Board go into a closed session to consider the character, alleged misconduct, professional competence, physical or mental health of Michael Johnson. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    The board reconvened and John Paul restarted the regular scheduled meeting.
    
    8. Discussion & Possible Action - Performance Evaluation of Michael Johnson, Chief Hydrologist. Possible Action May Include, but is not Limited to, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, Salary Increase, or ‘No Action’. (Closed Session May be Held to Consider Character, Alleged Misconduct, Professional Competence, Physical or Mental Health Pursuant to NRS 241.030.)
    
    Ted Miller commented that as a public servant sometimes you have to make tough decisions and with the economic situations, we need to cut expenditures. Ted further stated that he did not feel that a full-time hydrologist was needed and thought the District should eliminate the position of the chief hydrologist and we could use Mr. Johnson on a retainer or consulting type situation.
    
    Kenyon stated that he disagreed with Ted and that there were a ton of things in the works and if Boomer was gone, we would have wasted the money already spent. Kenyon further stated that if we needed to cut expenses we needed to look elsewhere and that we shouldn’t take another step back tonight.
    
    Karl stated that he had mixed emotions about this and understands what both gentlemen have said and believes that Michael Johnson can be of real value, but there needs to be better communications. Karl further stated that he would not be opposed to a trial period and a review in six months.
    
    John Paul questioned Boomer’s commitment to keeping the board informed ahead of time and keeping the communications open.
    
    Mark McEwen echoed what Kenyon said and stated that after spending three hours with Mike and Boomer feels that the District needs Michael Johnson’s expertise and we could review in six months.
    
    John Paul opened the item to the public. Bob Frisby asked for a clarification on Michael Johnson doing consulting work for him. Michael Johnson commented on the consultation work he did for the Beaver Dam Water Company. With no other public comment, John Paul turned the item over to the board.
    
    Kenyon Leavitt made a motion to retain Michael Johnson as Chief Hydrologist for another year since he is an “at will” employee and the board at anytime can call him back to the floor. Mark McEwen seconded this motion and it was passed by a vote of 4-1 with Ted Miller opposed.
    
    9. Discussion & Action – Consideration of Any Continued Representation of Virgin Valley Water District by Attorney George Benesch as Legal Counsel
    
    John Paul stated that he had some information and that there was a substitution of legal counsel sent down by George Benesch on the Vidler case and John had signed this.
    
    Karl stated that it was probably appropriate to get those filings in and that the decision has already been made and wondered why this was on the agenda. Karl commented on his feelings and that the board should accept George’s notice.
    
    Bo stated that the substitution sent was on a certain case and wanted to make sure that the board was not operating under the assumption that he (George) was stating that he never wanted to do anything ever again for the VVWD and that the board could use him, but that they should make their intentions clear.
    
    Mark stated that saying we should seek other counsel is very open and understands that Bingham & Snow are the District’s General Counsel so he believes it would be up to Bingham & Snow whether they need to use George Benesch or not, or any other counsel.
    
    Karl stated that he didn’t quite agree in that the District should not be limited to one law firm or attorney. Kenyon asked if the board was giving the authority to go out and hire another attorney to Bingham & Snow when he feels that the Board of Directors should make the decisions and that should be made clear. There was some further discussion regarding the re-filing of the applications.
    
    The item died for a lack of a motion.
    
    4. Discussion – Power Point Presentation as Given by Michael Johnson to Public Lands Committee
    
    Michael Johnson stated that with the late hour that maybe we should postpone the presentation until another meeting. John Paul stated that without objection we would postpone this item.
    
    10. General Manager’s Report
    
    Mike had not included a written report.
    
    11. Hydrologist’s Report
    
    Michael had not included a written report. Boomer stated that there was ongoing work with the Virgin River area and that he would be meeting with DRI tomorrow. Boomer also mentioned that Steve Tietjen, Supervisor, requested that the meeting to be held with employees be moved to 9:00 a.m. from 6:30 a.m. Boomer further stated that he has been working on Half-Way Wash and the Ranney Collector Well and that he obtained 1.3 million dollars from the Bureau of Reclamation (BOR) for this project and that he was also trying to get well #34 drilled.
    
    12. Public Comment
    
    Sandra Raymaker brought forms for the board’s review. Robert Smith commented that it was unfair that the presentation was not given and that the applications were filed without board approval. Karl stated that it was appropriate to explain that emergency situations do come up and Boomer explained why the re-filing was done.
    
    13. Adjournment
    
    President John Paul adjourned the meeting at 7:00 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-02-02 (.pdf 32K)
  - 2010-01-19: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    JANUARY 19, 2010
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on January 19, 2010, at the Virgin Valley Water District Office at 3:00 p.m. Attending were Directors John Paul, Kenyon Leavitt, Ted Miller, Karl Gustaveson and Mark McEwen. Also present were Michael Winters General Manager, Bo Bingham District Administrative Legal Counsel, Michael Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Director John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Mark McEwen led the pledge.
    
    John Paul stated that before we begin he had a couple of remarks. John stated that the election of officers was again upon the board and wanted to state his gratitude for the board electing him and his service as the board’s president for the past three years and was again prepared to continue as president if that was the board’s decision. Also, John stated that as president of VVWD that he wanted to take this opportunity to address the issue of criminal allegations being made against the District’s General Manager, Mike Winters, and former board member, Cecil Leavitt. John further stated that the board of directors is aware of the allegations being made and is taking all such allegations very seriously. However, it is important for us to keep in mind that these are only allegations at this point, and that Mr. Winters or Mr. Leavitt has not been charged with any crime. In the meantime, we understand that they have “lawyered up”, as they say. John further stated that we must continue on with the business of the Virgin Valley Water District to the best of our abilities and that we appreciate the public’s concern for these issues and want you to be aware that the District and the board will cooperate fully with the investigation of these matters.
    
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – None
    
    1. Election of Officers of the Virgin Valley Water District
    
    Ted Miller nominated John Paul for president of the Board. Kenyon Leavitt seconded the nomination and the nomination for John Paul as president of the board passed unanimously. 5-0
    
    Ted Miller nominated Kenyon Leavitt for Secretary-Treasurer and Kenyon accepted the nomination. Mark McEwen seconded the nomination and the nomination for Kenyon Leavitt as Secretary-Treasurer of the board passed unanimously. 5-0
    
    Kenyon Leavitt nominated Karl Gustaveson for Vice-President of the board and Ted Miller seconded the nomination. Karl accepted the nomination and Karl Gustaveson was unanimously voted in as Vice-President of the board. 5-0
    
    CONSENT AGENDA:
    
    Karl Gustaveson made a motion to approve the consent agenda in its entirety. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 12/15/09 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $1,312,924.10
    
    4. Discussion & Action – Approve Financial Statement for November 2009
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to Approve Proposal from Construction Group International, LLC for the Cleaning and Repair of the Emergency Generator at Well 31 not to Exceed $29,637.00
    
    Mike reminded the board that they had approved for this generator to be taken to Las Vegas for inspection and estimate to repair the generator after rodent damage. Construction Group International will put the generator together, perform the necessary repairs and return it and perform load test for their quote of $29,637. Mike informed the board that he had contacted the insurance company regarding a claim, but was informed that they did not cover “rodent” damage. Karl questioned the original estimate for the work and questioned whether the price was high based on the work that needed be done. Mike described the work to be done for the price and indicated that this work was still much lower than the price for a new generator.
    
    Kenyon Leavitt made a motion to approve the proposal from Construction Group International, LLC for the cleaning and repair of the emergency generator at well 31 not to exceed $29,637.00. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to Authorize the General Manager to Execute the Proposed Settlement Agreement with the United States Bureau of Land Management to Resolve all Trespass and Unauthorized Use Issues Associated with the Site of VVWD Well #30
    
    Boomer stated that the agreement attached had been drafted by the BLM and he had also included as back-up, the trespass notices. Once the agreement has been executed and the District reimburses for BLM staff time in the amount of $24,318, BLM will process the amendment to N-65522 to enlarge the VVWD Well No. 30 site from 0.5 acres to accommodate the current fenced perimeter of the District’s facility.
    
    Karl commented that we built tower without the approval from the BLM and that the area is under environmental control and that it is unfortunate that staff had not looked at issues like this and gone through the process like everyone is required. He further stated that now we have this $24,000 to pay that is rate payer money to be paid for not following rules and hopes that this does not ever happen again in the future.
    
    Mike responded stating that the right-of-way (ROW) was granted prior to the ACEC and will admit to taking out more property because of vandalism. Mike said it was his mistake and he did not realize he needed to go to the BLM ten years ago. Mike said ROW grants the District a well and appurtenances and BLM has finally granted radio tower as an appurtenance. Karl said that BLM has granted it now but the conditions of it do not allow District’s original intent for the tower which was to put other people on it and run it. Karl said even before Gold Butte that area was designated as environmental area and it is spelled out very well in settlement agreement. Karl commented that we are not looking for excuses, but looking to make sure that these things do not happen again. Kenyon asked Mike that when we put the tower up, didn’t Rebel Communication pay for it. Kenyon commented that Rebel will be unable to lease out space on the tower and that is how it was to be paid for. Kenyon indicated that we need to get a release from Rebel so that they do not come back asking for more money for the tower. Mike stated that he did not know how things would be worked out with Rebel and that an agreement has been forwarded to Bo for review. Mike said that we are working on getting the site to private ownership and if it is converted to private ownership the District can do whatever it wants with it and can put others on the tower. Kenyon said his concern is that he does not want to have a problem with Rebel after we resolve this with the BLM. Kenyon stated that we need our legal counsel to get this and do whatever so this is straightened out. Bo stated that their recommendation is that we get a release from Rebel for all claims related to the tower prior to the execution of this agreement.
    
    Kenyon Leavitt made a motion to table this item until an agreement is worked out with Rebel Communications and brought back to the next board meeting scheduled for February 2, 2010. Karl Gustaveson seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Enter Into Mutual Aid Agreement for Membership in Nevada Water/Wastewater Agency Response Network (NVWARN) and to Authorize the General Manager to Execute Such Agreement
    
    Boomer had informed the board that this program was in response to Hurricane Katrina and that it is a utility helping utility approach to incident response and recovery and is the most effective and efficient way to help a utility bring its system back to normal operations within the shortest time frame possible in response to an emergency. A group of Nevada water and wastewater utilities, AWWA and with the support from the Nevada Division of Environmental Protection (NDEP) have joined together to create the NVWARN mutual assistance program and would supply immediate assistance for member utilities during an emergency. Participation in the NVWARN program is voluntary and no membership cost in incurred to participating agencies. The advantages to belong to NVWARN would be increased planning and coordination, enhanced access to specialized resources, expedited arrival of aid and reduced administrative conflict. A list of member agencies was included with the back-up material along with the by-laws and agreement that has been forwarded to legal for review. Bo stated that his understanding was that these entities have already entered into this agreement and while he is not entirely thrilled with the language of the document, he didn’t know what power the board would have to modify that, so we would just take it as it is or not participate.
    
    Kenyon Leavitt made a motion to enter into Mutual Aid Agreement for membership in Nevada Water/Wastewater Agency Response Network (NVWARN) and to authorize the general manager to execute such agreement. Mark McEwen seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration of Action by the Virgin Valley Water District related to recent Criminal Charges and Allegations Against the District’s General Manager, Mike Winters, and former Board Member, Cecil Leavitt, Items of Discussion and Possible Action May Include, but are not limited to, any Obligations of the District for Coverage or representation and the extent of the District’s Insurance Policies and Coverage including the Nevada Public Agency Insurance Pool
    
    Bo Bingham began by stating that Dennis Cournoyer with Farmer’s Insurance and the District’s NPAIPP (Nevada Public Agency Insurance Pool Pact) representative to the District was present to answer any questions regarding the Pool Pact. Dennis stated that the Pool Pact was there to support the board and the employees of the Virgin Valley Water District in all situations and provide defense when it’s proper, by contract and they turn the claim in. Dennis stated that he and Bo had spoke after the release of the initial information and felt that it was prudent to get claims involved immediately so they had information up front going in before anything happened and that they were here to take care of business.
    
    Karl Gustaveson moved to make a motion in regards to the insurance issue with Pool Pact, our regular insurance company, and given the fact that we are aware of the fact that both of the people involved in this issue have secured their own legal counsel that we allow them to go ahead and do that and they can fall back on the state insurance when and if they are found not responsible for the charge itself and they would be covered that way. Karl further moved that the District not pay any additional attorneys fees. Ted Miller seconded the motion.
    
    John Paul asked if there were any questions to the motion and Kenyon Leavitt stated he had one clarification because he really didn’t understand it before and with insurance that “not if”, but “when” they find that all this is “bunk”, and they have incurred attorneys’ fees, am I understanding correctly that the insurance company will pay up to $50,000 on the claim? Bo answered that the insurance company would not supply any defense, however, the insurance policy will reimburse up to $50,000 if there is complete exoneration of all charges.
    
    John Paul called for a vote on the motion and the motion passed unanimously. 5-0
    
    9. Discussion & Possible Action – Consideration of the Terms of a Settlement Proposal related to the present litigation involving Lincoln County Water District, Vidler Water Company, the Nevada State Engineer, and the Settlement Terms’ impact on the Virgin Valley Water District. Items of Discussion and Possible Action May Include, but are not limited to, Approval or Disapproval of the Settlement Terms and Direction to Legal Counsel associated thereto.
    
    Karl Gustaveson made a motion that we decline to approve the settlement agreement as it’s written and not to give our general manager direction to agree to a settlement under these conditions.
    
    Mike Winters stated that he had a question and stated that there is no agreement and what has been proposed by the State Engineer, is that, a proposal for Vidler to look at; there has been nothing settled here. John Paul questioned if it wasn’t also a proposal for the District to look at?
    
    Boomer stated that previous to last week, Mike and he had attended a meeting at the State Engineer’s office and all the lawyers had dialogue on what it would take to settle the appeal of the last Tule Desert Ruling that came out and granted Vidler Water/Lincoln County Water District 396 acre-feet of water. Boomer stated that we did receive an initial draft that was a response from the State Engineer’s proposal.
    Karl read from the item and stated that his motion was not to approve this particular type of a settlement. John Paul asked if there was direction to legal counsel. Karl said that the terms of the agreement are 180 degrees different than what we have been in this lawsuit for. Karl said we have spent a ton of money trying to protect the water and now we not only would not protect the water but will allow them to get two and a half times what we were fighting for and will give up all future rights so we will never be in that basin again. Karl went on to say we are not sure if that basin is interconnected to Basin 222. Karl said we have been fighting this battle on the premise that 221 supplies water to the same aquifer we are on and now there is a 180 degree change. Karl said we are not sure why there is a 180 degree change but that it seems to be a pretty bad deal for the people of this community to give up any future rights to 221. Karl questioned if reasons for 180 degree turn could be explained. Mike stated that had they been invited to the closed session and Bo interrupted stating that that type of discussion, and everything that has been discussed up to this point was fine for open meeting, but that specific answer should be discussed in a closed session because it was directly related to this litigation. Mike continued stating that the public needed to know that neither the General Manager nor the Chief Hydrologist was invited; we were specifically left out of a closed session discussion pertaining to this. Mike further stated that the public also needed to know that the District may not have a choice here. Mike said that the State Engineer has on his desk ready for signature a letter denying our applications in 221. Mike indicated that if State Engineer signs that letter then the District has no say at all even in this agreement. Karl said that they knew that and it is beside the point because it does not change the fact that we are not going to condone having water taken from us. Karl said if they want to take it from us we cannot stop them other than continuing a lawsuit. Mark McEwen said that Mike had stated that what we do here may not matter and read a provision of the agreement and said we have a choice. Mike responded by saying “not really.” Karl said then we will choose to deny. Mark said it is not acceptable and we will send that message very clearly. Carla Crandall interrupted with a question and John Paul stated that without objection he would open to the public. Carla questioned why neither the general manager nor the hydrologist was invited to the closed session. Mike stated that he was informed that there was a closed board meeting for board members only. Mike said decisions being made here was new to them too. Ray Thompson questioned the numbers and Ted stated that there was a total of 5,000 AF out of 221. Wade Paulson with LCWD commented on the numbers.
    
    Boomer stated that neither he nor Mike had drafted this item to come before the board because it is still in negotiations. Karl reiterated language of agenda item. Mike and Boomer said they did not draft agenda item and would not have been brought to Board. Karl questioned if it would have been better to state that earlier rather than waiting until the middle of the meeting. Mike said he sent email to legal counsel today asking for items 8 and 9 to be taken off agenda. Bo disagreed with taking items off agenda and stated that there were probably nine attorneys heading down a path to approve this settlement and if this board is not on board with that, then this board needs to communicate that. Bo said if there are documents ready to be signed by State Engineer and the Board has not heard about it yet, then that is wrong.
    
    Kraig Hafen questioned the sudden change in terms of the settlement. Kraig said he wants to know what changed because it seems something is going on. Kraig said we should have never been in lawsuit and said he wants to know if there is new information.
    
    Mark said that Mr. Hafen assumed that Mike and/or Boomer were a party to this agreement and asked if it was true. Mike said he was and explained when he was informed of the potential denial of our applications by the State Engineer.
    Kenyon Leavitt commented that the District cannot control what the State Engineer does, but with that statement, it doesn’t mean that we automatically just say okay.
    
    Kenyon continued that is has been the board’s opinion that we don’t give up anything without a fight. The motion on the floor is that we are not in agreement with this settlement proposal and that’s all it is that we aren’t in agreement with this and that it is an appropriate motion. John Paul said that this was a disapproval and direction to our legal counsel to convey that disapproval to the parties interested. Ted said he saw an email that someone was already speaking for the board.
    
    Ted Miller seconded the motion and it was passed unanimously. 5-0
    
    10. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that he had contacted ACOE last week and secured another 1.2 or one million plus, for the drilling of well #34.
    
    11. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that he has been working on a presentation for the Legislative of Public Lands per NRS from 2008 to present to be held 1/22/10.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 3:57 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2010-01-19 (.pdf 28K)
- 2009
  - 2009-12-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 15, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 15, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham and Eric Wilbanks District Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Bubba Smith offered a Prayer and Kenyon Leavitt led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Cecil Leavitt mentioned that this was most likely Bubba’s last meeting and wanted to publicly thank him for his time and service as a board member of the VVWD. As policy in the past, the District has offered a token of their appreciation for departing board members and Cecil presented Bubba with his gift. Kenyon also offered his appreciation to Bubba for serving on the board.
    
    President of Board Comments – John Paul also echoed the previous sentiments and stated that Bubba has done an admirable job.
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 12/1/09 Regular Board Meeting
    
    3. Discussion & Action – Approve Financial Statement for October 2009
    
    4. Discussion & Action – Approve Bills Paid - $2,053,866.33
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Iceberg Air Conditioning & Heating - $2,900.00 – Air/Heat Unit at Well #30
    
    ** End of Consent Agenda**
    
    6. Discussion & Possible Action – Consideration to Approve Amendment to Contract with Bowen, Collins & Associates, Inc. to Finish Telemetry Work on the Arsenic Plants not to Exceed $30,844.00
    
    Mike began by stating that he signed the final pay request for MMC, Inc. today and explained that November 24th was the official day of “end of completion” and the one year warranty began. However in the contract with MMC, their ISO was supposed to do certain things and it was not done so Marcus with Bowen & Collins, who is their telemetry person, has gotten the plants up and running and his charges were deducted from the MMC contract and this would be the last time this would come back before the board. Kenyon questioned what happened to the first person who should have completed the work. Mike Chandler representing Bowen & Collins explained that several of the items that they were contracted to do, specifically to install certain instrumentation and some wiring within the panels; they were taking a significant amount of additional time and Bowen & Collins were concerned that we were not going to meet some of our state mandated deadlines, so Bowen & Collins went ahead and programmed the instrumentation and got everything up and running with the knowledge that this was part of their scope of work. Mike Chandler further stated that in the interim, there were several other additional items that MMC did perform. MMC had submitted a change order for additional time needed because of the moving of site 27 and Bowen & Collins submitted a counter claim for the telemetry work and MMC was satisfied to walk away as is. Mike Chandler also stated that since they had to move site 27 they no longer had line of sight radio communications and now we needed to put a repeater at well #26. Mike Chandler also stated that they had included a buffer for Marcus to come down to help the operators without having to come back to the board for approval.
    
    Cecil Leavitt made a motion to approve amendment to contract with Bowen, Collins & Associates, Inc. to finish telemetry work on the arsenic plants not to exceed $30,844.00. Bubba Smith seconded this motion.
    
    John Paul called for questions on the motion and Bo Bingham stated that typically you would want to obtain some type of written confirmation or written release from a party who could potentially file a legal claim so it is possible to add to the motion that we obtain some type of release from that party in the event that we are going to go this route and we would be clear legally. Mike Winters asked if we would do this through the general or the sub. Mike Chandler stated that the District only has a contract with the general contractor, MMC, Inc. and not the sub-contractor ISS. We have a signed change order with corporate between the parties. Mike Chandler further stated that as part of the final paperwork they have the general contractor fill out an affidavit of payment and certification of final completion which notifies any and all parties that may have a lien on the project stating that the project is about to be closed out and that there has been no claims. Bo stated that they would like to review that paperwork and proposed that this be added to the motion.
    
    Kenyon Leavitt amended the motion to include that the District’s legal counsel review change order from MMC to Bowen & Collins prior to amendment of the contract. Bubba Smith seconded this motion and John Paul called for a vote.
    
    Cecil Leavitt called for a point of order and stated that the board should vote on the amended motion and then the original motion. John Paul stated if there were no questions on the amended motion we would call for a vote.
    
    The amended motion passed unanimously. 5-0
    
    John Paul then called for a vote on the original motion as amended.
    
    The original motion as amended passed unanimously. 5-0
    
    Mike Winters added that 75% would be paid by ACOE.
    
    7. Discussion – Discuss Correspondence/Letter from Mr. Don Paff Directed to Certain Board Members Regarding the Retention of Bingham & Snow, LLP as Administrative Legal Counsel for the Virgin Valley Water District – Requested by Kenyon Leavitt
    
    Kenyon began by stating that Don had addressed the Board in public comment with his concerns, with letters to the Board with no response and then he published the letter in the local papers with still no response from the VVWD board. Kenyon further stated that anyone within the water district area who may have a concern or complaint should be able to state that complaint and receive board comment on it and that’s the reason he had this put on the agenda. Kenyon also stated that in his personal opinion, that there is probably no one who lives within this District who knows more about water issues than Don Paff and that he takes what Don says very seriously and appreciates his comments and concerns with the Water District. Don stated that he had spent some time on considering all the material that he commented on and felt that there was confusion, errors and maybe illegal actions in obtaining the legal counsel. Don stated some of his concerns and what he was confused about and some of the errors he thought occurred during this process and one was that the contract between the District and Bingham & Snow was not signed by Bingham & Snow. Don stated that the whole thing he has observed during this time and tried to report, essentially comes down to is what you want for counsel now and in the future and that relationships between staff, board and counsel should be like it exists under the laws establishing the VVWD and the District’s present Rules and Regulations, one of which directs the General Manager to appoint general counsel. Don stated that his suggestion was to start over and decide what the needs of the District are and proceed by seeking people who have qualifications to support what your needs are and then proceed in a cooperative way with counsel, staff and board.
    
    Kenyon commented that in the closed session with legal counsel that these issues were discussed that Don brought up as far as who reports to whom and how this goes on. We are using George Benesch; however we are having Bingham & Snow be the reporting agency as our legal counsel. Water issues will hopefully go through George Benesch and come to the board for action and Mike Winters, as general manager is the go between and his job is to issue “work orders” per say. Kenyon further stated that there was some confusion, but believes this is taken care of. Don stated that he thought the District needed to examine their relationship between counsel and the District and feel comfortable that the contract or agreement are valid and secure administratively and legally. He further stated that the board should review the formation laws and Rules and Regulations they have adopted because he believes that they are weak, if not faulty.
    
    Ted Miller commented that serving on the board was a difficult job and asked if the board had to listen to everyone’s complaints. He stated that he had some rate payers with complaints and asked if we would have to put them on the agenda next month? Kenyon commented that everyone has the opportunity to complain and if they want on the agenda that they should have that opportunity or they can speak during public comment and that this is the job of a board member, no matter what board someone serves on; and if you do not like how the process works, that maybe you shouldn’t run for reelection. John Paul stated after further discussion that Ted could have the rate payers contact him and he would put them on the agenda if need be.
    
    Mike Winters suggested that he pull the agreement with Bingham & Snow and sit down and talk to Bo about it and whatever is missing we’ll rectify that.
    
    Bo commented that he appreciates any concerned citizen coming forward and voicing their concerns to the Board. With respect to some of the comments made, Bo stated that it is common for fee agreements not to be signed by the attorneys and the specific reason for this is that the contract specifically states that the board can terminate Bingham & Snow at any time for any reason. It is not a binding contract where you are employing them for a specific period of time. With respect to the process that the board went through, the enabling statutes were absolutely followed; and moreover, the by-laws were also followed and Bo read directly from the statute itself.
    
    Cecil commented and took exception to what Bo said stating that the board did not follow procedures as set by the Administrative Policy and Procedures Manual in regards that the General Manager did not appoint anyone.
    
    Bubba Smith stated that he disagreed with Cecil’s comments in that the board gives direction to the general manager to hire someone else and the board directs the general manager and that is their right as a board to seek additional and/or other services.
    
    Kenyon stated that the Administrative Policy and Procedure Manual should be changed to state that. John Paul stated that Mr. Winters was responsible as an individual and that he would get together with general counsel and make sure that we have an agreement that’s binding and then also if we need to change the Administrative Policies and Procedures that it should be brought back to the board to do that.
    
    8. Discussion & Possible Action – Consideration of Request by Cheetah Wireless Technologies, Inc. to Mount Antennas on the Freeway Water Tower Reservoir
    
    Mike Winters stated that he thought this item should be tabled because he had received some diagrams and has found more things that concern him. Mike also stated that he had contacted Eric Wilbanks and had not heard back from him or Cheetah’s. John Paul stated that we would table this item but he would open for public comment. Jeffrey Thau, representing Cheetah Wireless, stated he was present to answer any questions. Eric stated that he had received Mike’s comments, but hadn’t forwarded them and thought that this would be discussed today. Mike stated that the District had spent several thousand dollars on painting that tank and he didn’t want anything attached to the tank. It would have to be a free standing tower and Mike also stated that we did not have any structures up there. Any structures needed to house any transmitters or receivers, they would have to do something there and he wasn’t even sure if there was 110 power up there. Bubba asked if there would be any zoning requirements if they needed to build a structure and Mike stated that previous requests to build a tower have gone to the City and been rejected. Tim Hacker, City Manager, stated that if this request was like Reliance Connects on the Vista Del Monte tank there would be no need to come to the City. Mike stated that the Vista Del Monte tank had a lip for attachment and didn’t believe the Freeway tank had a lip for any attachments. Eric questioned Mike on the comparison to Reliance Connects request and Mike stated that Reliance Connects was a much smaller tower.
    
    John Paul stated that without objection he would un-table this item and re-read item #8. Jeffrey Thau stated that there was no need for a structure for housing and that there was a panel on the south side of the tank that would be used and that there is 110 power. Jeffrey further stated that they were not looking to construct a free standing tower and that the tower would be held by clamps and there would be no welding. Jeffrey stated that this was for public safety and mentioned other cities where they had towers and that they would be willing to work with the VVWD for communications needs. Mike asked if the tower could be hooked to the telephone pole and Jeffrey stated that yes it could be. There was further discussion and John Paul suggested that Jeffrey and Mike get together and see if there was a possible solution.
    
    Kenyon Leavitt made a motion directing the general manager to work with Cheetah Wireless Technology and see what the feasibility is on putting it on the tower or on a pole, if it will clamp on to whatever Mike thinks is going to work there; and also have general counsel look at the contract and get it to where they like to see that and go from there and have the contract brought back to the board subject to City approval. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration of the Handling of the Virgin Valley Water District’s (“VVWD”) Ongoing Disputes and Litigation with Vidler Water Company, Inc. (“Vidler”) and the Lincoln County Water District (“LCWD”) Regarding the Tule Desert Groundwater Basin, Including the VVWD’s Protests of Vidler and LCWD’s Applications to Appropriate Groundwater in the Tule Desert Groundwater Basin and the VVWD’s Intervention and Involvement in Pending State and Federal Actions of Vidler and LCWD. Potential Action May Include, but is not Limited to, Directives from the Board to the VVWD’s General Administrative Counsel Regarding Review and Assessment of the Pending State and Federal Actions and the VVWD’s General Administrative Counsel’s Participation in such State and Federal Actions.
    
    Kenyon Leavitt stated that this item had been taken care of during the closed session and that there was no legal action required. John Paul opened the item to the public and there was none so he sought a motion.
    
    This item died for a lack of a motion.
    
    10. Discussion & Possible Action – Consideration of Request by Longview Construction & Development, Inc. (“Longview”) that the VVWD Release Certain Funds under the Virgin Valley Water District Riverside Road Virgin River Crossing, Contract No. 2008-01, PWP-CL-2008-44 for Directional Drilling at the Bunkerville Bridge – Requested by Longview Construction & Development, Inc.
    
    Dave Bundy, President of Longview Construction and Aaron Waite, Longview Construction’s legal counsel, were present and Aaron Waite began by stating that the District had hired Longview Construction for the Directional Drilling project at the Bunkerville Bridge and commented on the minutes from January 20, 2009 and the motion that was made to withhold the $50,000. They were here to ask the board to release that money back to Longview Construction. Cecil Leavitt stated that he would recuse himself because he was working with Legacy Construction and would be abstaining from this item. Bo stated that he had reviewed the contract and the minutes that Mr. Waite referenced and his understanding of the minutes was that the board wanted to make sure that all issues related to this project were resolved relative to the liquidated damages as well as any other issues that may be unresolved. The contract also provides for certain other offsets, for claims or other unforeseen things that might take place on the project. Bo stated that the board would be justified in making sure that all claims and all issues are resolved before releasing any money whether it be under liquidated damages or offsets. Bubba stated that he had made the motion in question due to a change order that had been submitted that the board denied and it’s really the policy of the Water District, and the contract reads, that they are going to pay $2,000 per day for every day that they don’t meet their contract. With potential pending litigation and other items that may come up that we anticipated coming up because of this change order and because of the delays and then not fulfilling their responsibility for fulfilling the contract on time, we held that money and in his opinion we need to continue to hold that money until we are sure that we are not going to accrue any other costs on this project. Kenyon stated that his personal opinion is that the motion has already been made on January 20th and that we hold that money until that time that all these issues are taken care of and he doesn’t believe that is the case right now. Kenyon further stated that maybe Bo and Aaron could get together and hack something out and resolve those issues along with Dave and Mike and then maybe we could consider that. Aaron asked if there were any other issues besides the change orders from Southeast Drilling that they could anticipate causing any problems and John Paul stated they needed to satisfy legal counsel and to work with Bingham & Snow.
    
    11. General Manager’s Report
    
    Mike had not included a written report. Mike stated that there were a lot of things going on and unfortunately a lot of these issues are legal issues. There are some meetings coming up this week and hopefully they will be in our benefit. Mike also mentioned that we are aware of our “bottom line” that Ted has brought up several times and we are working to see if there are different places where we can cut back on and believes that within the next month or so he will come back to the board with some recommendations on different avenues that we could take to hopefully improve the Water District.
    
    12. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that the AquaGard had been completed and well #30 was restarted without a hitch. Boomer further stated that there was a deposition last week with the Deputy State Engineer regarding Tule Desert and that there were ongoing talks with the AG and Vidler. Boomer also stated that they were working on the final draft of the feasibility study for the recharge program and attempting to have that here at the first board meeting in January. Also, still working on well #34 and hopefully we can go out to bid in January. Mike Winters also mentioned that we were going to try and get into the airport tank this winter which we’ve never been into.
    
    13. Public Comment
    
    Kraig Hafen commented that the board members were doing a good job. Morris Workman asked Mike about the 35 Bunkerville shares auctioned. Mike stated that there were two bidders and Bunker Farms, Inc. will lease the shares at $300 for one year. Sandra Raymaker asked when the Rules and Regulations would be completed and Mike stated that they should come back to the board after the first of the year.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 4:30 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-12-15 (.pdf 27K)
  - 2009-12-01: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    DECEMBER 1, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on December 1, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, Michael “Boomer” Johnson Chief Hydrologist, Eric Wilbanks and Bo Bingham District Administrative Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    John Paul called the meeting to order at 3:10 p.m.
    CPresident ecil Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – John commented that at the last meeting he had sent notice to everyone that he was out of town on a retreat, but that it was not relayed to the water board.
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 11/17/09 Regular Board Meeting
    
    ** End of Consent Agenda**
    
    3. Discussion & Possible Action – Consideration of Vidler Water Company, Inc.’s (“Vidler’) request for certain Virgin Valley Water District (the “District”) documents and records pursuant to the Nevada Public Records laws and of the ongoing Vidler litigation. Issues of discussion and possible action may include, but are not limited to, determining the location where the Virgin Valley Water District will maintain its records, the possible retrieval and return of certain District records and documents from Reno, the handling of the Vidler litigation and the associated records, the manner of review of the District’s documents and records and the disclosure of documents that are properly subject to Vidler Water Company, Inc.’s request
    
    Bubba stated he had a question for legal counsel as they have given the board direction on this and asked if we should go the extra mile and search out other records for general use; not just Vidler records but all records concerning the VVWD. Bo answered stating that NRS 239 requires the District to maintain certain records and also provide those records upon a proper public records request. Vidler has made a request and legal counsel’s recommendation is that the records of the District be maintained in the District office.
    
    Bubba Smith made a motion to direct the District’s general counsel to make arrangements for the District’s previous general counsel, located in Reno, that we make a trip up there and bring any records that we think are pertinent to the Water District’s general business; that our public records be stored here in Mesquite; and that we make available anything that Vidler may not have and may need for their litigation and any other requests that you have as a counsel, any other directions you have given us.
    
    Bo Bingham stated that the one comment he’d make or question on Bubba’s motion is that you mention in your motion that we would make arrangements for the retrieval of those records. Is the motion that we would then either arrange through a shipping company or direct some District staff to go up there and retrieve the records under our direction? Bubba stated that was why he made the motion the way he did. You make the arrangements to bring those here. Bubba further stated that he didn’t know if it was necessary for them to travel up there or if you just need to make the arrangements to get them here so that we can get them either scanned and/or returned and make duplicates of anything we think we don’t possibly have. We’ve been in business for several years so there would be a lot of documents that we already have here on-site. Bo stated, so then your motion would be then that we would be in charge of making those arrangements, how we would want to get them, whether it would be through a shipping company or otherwise? Bubba further stated that you should go that extra mile and provide anything that you think might be pertinent to them and make available to them public records. Bo’s second question was that the motion would include all of the District records that are located in Mr. Benesch’s office? Bubba stated that he thought this was what we would have to do just because of our responsibility per NRS to have those available here; it just doesn’t make sense to come back and say someone else has made a different request, let’s go see if we have those records. Mike asked if it would be proper in Bubba’s motion to request counsel maybe to draft some sort of a record request form that has to be filled out. Bubba stated that this was an excellent point and thought this was only fitting and he would, with permission of the board, that we also make that direction and direct counsel to draft a form for request of public records and a fee associated with that obviously. Ted Miller seconded this motion and it was carried by a vote of 4-1 with Cecil Leavitt opposed.
    
    Mike asked if there was a time certain. John Paul commented ASAP. Bo stated that they would make arrangements immediately after this meeting to have these records transferred.
    
    4. General Manager’s Report
    
    Mike had not included a written report. Mike stated that it seems that we just had a meeting and he didn’t have much to add except that we are progressing with litigation regarding the Vanguard pipe and there would be another deposition on Thursday.
    
    Ted Miller asked if we could direct our legal counsel to investigate this Vidler incident in Lincoln County. He questioned counsel if they were comfortable with what was going on up there and would they like some direction from the board to look into that a little farther? Bo stated that yes, it kind of goes back to agenda item “3” and the handling of the Vidler litigation is one of the considerations and possible action. Bo further stated that they have made effort to come up to speed on this, having discussions with Michael Johnson and Michael Winters and a detailed discussion with one of the opposing attorneys with Vidler trying to get direction that they are heading, and why, and a basis for what they’re doing; but to answer the question, absolutely, we would love to have a better understanding and I think we have expressed this to a couple of board members in the past. Ted questioned if we needed to agendaize that. Bo stated that we could certainly make that an item on the next agenda. Eric stated that the lawsuit was included as part of agenda item #3. Bo stated I don’t know if Ted’s asking us to put that on the next agenda, but as I mentioned previously it was included in item #3 and if you wanted to direct us to get involved in that we would be happy to do that. Ted stated alright, fine that will cover that and that he didn’t have any more. Bo stated when you say that will cover that, you haven’t made a motion to direct us to look at that issue. Bo stated that you could make a motion to do that, but frankly he wasn’t sure that that was completely or totally necessary, as general counsel we should have that right to obtain those records; that we have made effort to obtain those records relative to the Vidler litigation, but we haven’t received them all we’ve requested and thought that it would be wise to make a formal motion in fact if the board was so inclined to do so. Kenyon stated that he thought we were on the general manager’s report. John Paul stated that we were on item four and if we were going to revisit item three, asked if there were any questions for the general manager in his report. John Paul further stated that before we go to item five he would have to address the board on whether or not they want to reconsider revising the motion on item three. Bubba questioned proper procedure since we had already moved on and whether we could open item three back up. Cecil stated that he didn’t think we could officially do it. Bubba also thought that before they voted they should have had an amendment to the motion and to just put it on the next agenda.
    
    5. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that we were currently doing the AquaGard treatment on well #30. The District is currently operating off of one well and all the reservoirs are full. Last week, RBF Consulting and Boomer drafted a WRDA (Water Resource Development Act) through a representative of Heller’s office for a request for Federal Funding up to 20-30 million dollars for the aquifer recharge project. We would have to complete our feasibility study first and there could be ACOE money also. Boomer also stated that he would be attending depositions beginning tomorrow in Carson City on the technical aspects of the latest Tule Desert Ruling.
    
    6. Public Comment
    
    Don Paff commented on item #3. Erin Russel Hayes a representative with Vidler submitted the letter dated June 8, 2009 regarding the record requests. Morris Workman questioned the Vidler litigation and which litigation this was about and how it affected VVWD. Bo stated that the litigation itself was of public record and that the board could confirm that there was ongoing litigation and that anybody would be free to access public records through the court system, but would caution the board not to discuss any specific aspects of the litigation in an open meeting. Bubba stated that since there was pending litigation he asked the board their feelings of having a closed session again before the next meeting and it was decided to meet one hour before the next regular meeting. Morris Workman asked again what exactly the lawsuit was about. Bo answered that the lawsuit was actually Vidler against the State Engineer and that the District is involved in the State litigation to protect our water.
    
    7. Adjournment
    
    President John Paul adjourned the meeting at 3:42 p.m.
    
    Bo asked that the tape recorder be turned back on and stated that he wanted to be clear that the purpose of item three today was not to determine whether or not the District would comply with NRS 239. There is no formal action required by the board to say we will or will not comply with State law, so Mr. Paff’s comment, I didn’t hear a motion about whether or not we would disclose public records if they’re relevant; but he just wanted to make sure that the motion today was with respect to how the District would go about responding, but it has always been the District’s intention to properly respond.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-12-01 (.pdf 20K)
  - 2009-11-17: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 17, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 17, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. President John Paul was not present. Also present were Michael Winters General Manager, Michael “Boomer” Johnson Chief Hydrologist, Eric Wilbanks District Administrative Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Vice-President Kenyon Leavitt called the meeting to order at 3:02 p.m.
    Bubba Smith offered a Prayer and Cecil Leavitt led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Kenyon stated that he would like to acknowledge Don Paff’s public comment, letter to the board and letter in the newspaper all addressed to the Virgin Valley Water District Board of Directors regarding legal counsel and would like to address Mr. Paff’s concerns and have this put on the next agenda.
    President of Board Comments – Not present.
    
    CONSENT AGENDA:
    
    Bubba Smith made a motion to approve the consent agenda as listed below. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 11/3/09 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $361,822.84
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Consideration to Approve Anderson Heritage Electric Inc.’s Proposal to Provide Modifications to the Electrical Equipment on Well #27, Including Relocation of Transformer
    
    Mike informed the board that since the site improvements had been made to well site #27 it was now necessary to provide some modifications to the electrical equipment located outside the building. The work would include moving the transformer, switch gear and new service panel to allow trucks access to the site if work on the well was required.
    
    There was a question from Morris Workman on the District’s procedure or parameters for going out to bid and this was answered by legal counsel, Eric Wilbanks. Eric explained that according to NRS you are not required to go out to bid unless the job estimate is over $25,000. Kraig Hafen, former VVWD board president commented that he thought when he was on the board that it was decided to bid out anything over $2,500. Mike stated that we do follow that procedure on most bid projects, but that Heritage Electric has been doing the electrical on the District’s wells for over ten years and they are certified to handle high voltage and already have all the electrical drawings.
    
    Ted Miller made a motion to approve Anderson Heritage Electric Inc.’s proposal to provide modifications to the electrical equipment on well #27, including relocation of the transformer not to exceed $24,077.00. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    
    5. Discussion & Possible Action – Consideration to Award Contract and Notice to Proceed for the 2009 PRV Project to the Lowest Responsible Bidder in the Best Interest of the Virgin Valley Water District
    
    Mike explained that the engineers had identified several high pressure zones with the system model, along with complaints from customers, and hired Bowen & Collins to design the PRV stations. Mike further stated that the project went out to bid and the District had five (5) contractors who submitted bids and that Precision Pipeline, Inc. out of Cedar City was the low bidder with a bid of $193,588.50. Ted Miller commented that this was something that was very serious and needed to be done, but he questioned whether the board could award to the next lowest bidder, Trade West, since they were a local company and they were only over by $2,500. There was further discussion on the Nevada contractor’s preferential bidder status and whether this could be applied in this situation. It was discussed how contractors obtained the 5% NV preference. Eric informed the board on NRS 332 which is the Nevada Purchasing Statute. The board was informed that Joel Andrus with Bowen & Collins had looked up NRS regarding this subject and found that the bid must be over $250,000 and set out in the criteria of the bid packet; so for this reason, it was not put into the bid packet. There was further discussion regarding giving local contractors’ preference.
    
    Cecil Leavitt made a motion to award contract and Notice to Proceed to Precision Pipeline, Inc. in the amount of $193,588.50 for the 2009 PRV Project. Bubba Smith seconded this motion and it was carried by a vote of 3-1 with Ted Miller opposed.
    
    6. General Manager’s Report
    
    Mike had not included a written report. Mike stated that the correspondence in the board member’s packets was from a UNLV Environmental Studies Graduate Student who was requesting to add a link to our website for a survey he is conducting for his studies. Mike didn’t believe it required board approval, but that the correspondence was more for information. Mike also stated that he would check with Tracy Lee regarding security.
    
    Mike stated that the District has yet another unfunded mandate to comply with, ‘Red Flag Rules’, which deals with identity theft. Mike further stated that there are lots of things the District will be required to do better. We will definitely have to redo the front office and extra space will be required for secure storage. Mike was asking the board if there was a certain direction that they would like him to proceed with looking at different ideas to meet this mandate. Bubba stated that board meetings could be held at other facilities. Ted questioned the time limit on the bond money. Kenyon stated that his personal opinion was that we do something not as permanent in lieu of spending hundreds of thousands of dollars. Mike stated that there are other meetings held daily at the District that would require a room.
    
    Mike also informed the board that there has been some interest in leasing the Bunkerville water shares purchased from Cresent Hardy and it was the opinion of the board to auction these shares for lease.
    Mike also stated that we have been working on the Rules & Regs and changes have been made and he wanted to know if the board would like to hold a workshop to review them or if we should just work with legal counsel and then bring back to the board for approval. The board stated that they would prefer Mike to work with legal counsel and then bring to board.
    
    Mike further stated that we have been continuing to work on the Vanguard Pipe case and that he and Boomer had given depositions last week on the Vidler/Lincoln County water issue appeal. Mike finished by stating that we have the agreement to transfer and assignment of the lease of the 8 shares we purchased from Bunk Farms.
    
    7. Hydrologist’s Report
    
    Ted questioned again why we were involved with Lincoln County and Boomer proceeded to explain the Tule Desert Ruling and why we protested and why we are involved.
    
    Boomer stated that there was a meeting last week regarding the aquifer recharge program with the City of Mesquite and the local golf courses. This was the first preliminary look and the report has not been finalized yet. This was only the first of many meetings to come.
    
    The AquaGard process will begin on November 30th for the District’s wells.
    Boomer also stated that on December 2nd and 3rd there would be depositions taken regarding Tule Desert and George has asked that Boomer attend.
    
    8. Public Comment
    
    Sandra Raymaker commented on the District’s expenses and low money flow and wanted to offer a couple suggestions.
    
    9. Adjournment
    
    Vice-President Kenyon Leavitt adjourned the meeting at 3:52 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-11-17 (.pdf 18K)
  - 2009-11-03: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    NOVEMBER 3, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on November 3, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, Michael “Boomer” Johnson Chief Hydrologist, Eric Wilbanks District Administrative Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:03 p.m.
    Kenyon Leavitt offered a Prayer and Bubba Smith led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Ted Miller commented that last month the District was in the black and asked Boomer some questions regarding the annual aquifer recharge.
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Kenyon Leavitt stated that in the October 6th minutes, there needed to be a period in the first paragraph after Ted Miller’s name stating who was present and before “Vice President” and the members who were not present.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below with the correction to the 10-6-09 minutes as stated above. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Corrected Minutes from 10/6/09 Regular Board Meeting with correction to the first paragraph inserting a period after Ted Miller’s name and before “Vice President”
    
    3. Discussion & Action – Approve Minutes from 10/20/09 Regular Board Meeting
    
    4. Discussion & Action – Approve Financial Statement for September 2009
    
    5. Discussion & Action – Approve Bills Paid - $852,548.44
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Subsurface Technologies - $125,945.00 – Aqua Gard for Wells 30, 31, 32 & 33
    b. Ritchie Brothers – Not to Exceed $30,000 – Backhoe for Arsenic Plants
    c. Construction Group International - $16,951.00 – Transfer Emergency Generator to Las Vegas and Cost Estimate to Repair
    
    7. Discussion & Action – Approve Employees’ Thanksgiving Gift Certificates & Christmas Bonuses
    
    ** End of Consent Agenda**
    
    8. Discussion & Possible Action – Consideration to Sponsor Party 4 Life – Requested by Karey Belanger Party 4 Life
    
    The Party 4 Life Charity requested a contribution to their event. Mike stated that the Board budgeted $5,000 for donations this fiscal year and that all funds budgeted have been depleted. Ted Miller suggested that the District forward a letter to the organization stating that all funds for this fiscal year have been used and that they could contact us after the District submits their budget for the next fiscal year.
    
    The item died for a lack of a motion.
    
    9. Discussion & Possible Action – Consideration of Reimbursement or Refund of Ordinance II Fees Received for Units of Calais Townhomes – Requested by Advanced Construction
    
    Advanced Construction paid Ordinance II fees for 14 lots, to be serviced by ¾” meters and a 1” meter for landscaping for the Calais Townhomes. They then paid Ordinance II fees on two of the lots to upgrade to 1” meters, but then decided to only use ¾” meters on those lots. They were requesting the extra Ordinance II fees paid to upgrade to the 1” meters returned. District policy states that Ordinance II fees are non-refundable, but they would be able to use these fees paid for other lots or landscaping for either two (2) ¾” meters or one (1) 1” meter. Trent Graves representing Advanced Construction stated that he thought that they had double paid the Ordinance II fees, but Mary explained that they only paid for the upgrade to the 1” meters because a ¾” meter is considered one EDU (Estimated Daily Usage) and a 1” meter is considered as two EDU’s.
    
    This item died for a lack of a motion.
    
    10. Discussion & Possible Action – Consideration of Moving Meters Located on Certain Lots or Units in Calais Subdivision
    
    Advanced Construction has paid the impact and connection fees for two lots within the Calais Subdivision and are currently paying a $4 a month for a locked meter. There are no homes constructed on these lots and no plans to have homes constructed on these lots in the near future. There request is to move the meters paid for on these two vacant lots to other lots within this subdivision that homes will soon be constructed upon. Within the District’s Rules and Regulations, Section VI, Subsection VI-2, the District policy states that the meters installed are owned by the District and that meters are non-transferable and remain with the property. Trent Graves representing Advanced Construction explained their situation and why they wanted to have the meters moved.
    
    Kenyon questioned the policy for Ordinance II and the money was non-refundable, but the District would honor the money paid and move the Ordinance II fees to another lot and why wouldn’t the District do the same in this situation. Cecil read the policy from the Rules and Regulations. There was discussion regarding putting a lien on the property and an empty lot versus a lot with a constructed home and if changed, it would be done on a case by case basis. Eric Wilbanks stated that if the District would like to transfer the meters, an amendment to the Rules & Regulations should be done with specific parameters and criteria. Mike Winters questioned if the board were to approve their request, would we move meter first or amend the Rules & Regulations first? Eric stated that his preference would be to table this item and amend the Rules & Regulations first.
    
    Cecil Leavitt made a motion to table this item until the first meeting in December and directed the General Manager and legal counsel to amend Section VI of the District’s Rules & Regulations. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    11. Discussion & Possible Action – Consideration of Removal or Forgiveness of Late Fees on Accounts Paid by Jensen Property Management – Requested by Fran Reese – Tabled from October 6, 2009 Meeting
    
    Mike explained to the board why this type of complaint keeps coming before them in that customers often have complaints or concerns regarding their account and when they are not given the answer they want to hear from the billing department, they request to speak to him and when he does not give them the answer that they want to hear they then request to have the board hear their complaint. They are not satisfied with the answer of this is District’s policy. Cecil stated that he had this item tabled at the last meeting to see if the checks showed up, which they had not.
    
    Cecil Leavitt made a motion to deny the request for removal or forgiveness of late fees on accounts paid by Jensen Property Management. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    12. Discussion & Possible Action – Consideration to Approve Memorandum of Agreement Between the Furman Group, Inc. and the VVWD
    
    Bubba Smith commented that legal counsel suggested that we establish some parameters whether by hour, by job, etc, and he understands it is a professional service, but he is not sure how you would qualify the circumstances with the work that they do. John Paul asked if we should expand on #2 of the Memorandum of Agreement “Purpose” where only two projects are listed. Bubba stated that may be nice, but sometimes things just come up that they have to do and in the long run it may be more expensive if we were to pay them per project or hourly. Bubba further stated that he believed that the Furman Group’s services were invaluable and the District should not go away from their services. There were further comments on the grants that have been obtained because of the Furman Group’s services.
    
    Cecil Leavitt made a motion to approve the Memorandum of Agreement between the Furman Group, Inc. and the Virgin Valley Water District as listed. Kenyon Leavitt seconded this motion and it was passed by a vote of 4 to 1 with Ted Miller opposed.
    
    13. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that he has been in contact with the insurance company regarding the emergency generator. There will be a representative here on Thursday to look at the generator and take some pictures and then we will have it shipped to Las Vegas to see about repairs and it may be covered by insurance. Regarding arsenic, Mike stated that there has been a couple glitches with the automation on wells 26 and 27 and they were being addressed, but they were still operable by hand so if we need the water we can still turn that on.
    
    14. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that production was down on well #31 and this could be due to the bowl and if we pull it now we may not have to replace the bowl, but only repair it. Tomorrow morning there is a meeting with preliminary analysis on the aquifer recharge. When the report is completed it will come before the board. Boomer further stated that depositions begin tomorrow on the last Tule Desert ruling that came out and the appeal of that ruling by Vidler Water. Boomer and Mike will give their depositions on the 12th of this month. Boomer also stated that well #30 had been shut off and restarted with no complications.
    
    15. Public Comment
    
    There was no public comment at this time.
    
    16. Adjournment
    
    President John Paul adjourned the meeting at 3:56 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-11-03 (.pdf 19K)
  - 2009-10-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 20, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on October 20, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Member Ted Miller. Board Member Robert “Bubba” Smith was not present. Also present were Michael Winters General Manager, Michael “Boomer” Johnson District Chief Hydrologist, Eric Wilbanks District Administrative Legal Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – Don Paff of Bunkerville addressed the Board Members in letter format regarding the hiring of Bingham & Snow as District Legal Counsel.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Mike Winters wanted to clarify the minutes on item #10 in that legal counsel for Longview Construction interpreted the newspaper article as stating the District had agreed to the settlement agreement and Mike wanted to make it clear that the motion was not to approve the settlement agreement and that the settlement agreement would not be signed. Eric Wilbanks stated that in item #12, second paragraph, that he believed a board member had originally suggested that the matter of the Barcelona Motorcoach contract be placed on the next agenda and that Bo Bingham had reiterated that the issue could be placed on the next agenda. Eric Wilbanks indicated that he believed John Paul had originally stated that the Barcelona Motorcoach contract should be placed on the next agenda. Eric Wilbanks also indicated that he would like the minutes for item #12 to be corrected if his memory of the events was correct. [After re-listening to the minutes, President John Paul did state that “he imagined that this would be on the next board meeting to take some action if this was still the case”, and Bo Bingham did say ….. “what we would propose is that we would put this on the next agenda and the board can decide to take any action…..”]
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below with the minutes of the October 6th meeting held off until we know for sure the clarification of item #12. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 10/6/09 Regular Board Meeting-Held off until clarification of item #12 at the next meeting.
    
    3. Discussion & Action – Approve Bills Paid - $177,752.39
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. National Auto Tools - $2,900.00 – Maintenance Equipment to Mount & Balance Tires
    b. Singer Valve - $16,302.40 – Pressure Reducing Valves for 2009 PRV Project
    
    ** End of Consent Agenda**
    
    5. Discussion & Possible Action – Consideration to Purchase Up to Eight (8) Bunkerville Irrigation Shares from Bunk Farms, LLC – Requested by Bunk Farms, LLC
    
    Mike stated that the District received a request from Trent Graves and Duane Magoon, representing Bunk Farms, LLC to sell eight shares of Bunkerville Irrigation water at $80,056.23/share for a total of $640,449.84. Mike added that these shares were currently leased by SNWA as of 10/1/09 for a two year term and Bunk Farms, LLC had received a lease amount of $22,340.48 for the first year of the lease and that this amount could be deducted from the purchasing price for a total of $618,109.36. Preliminary talks with SNWA conclude that they would continue with the lease with the VVWD if these shares are purchased. Cecil explained that we should figure out an amount that Bunk Farms, LLC where they receive the first month lease amount since it was effective October 1st and it will be more toward the end of the month before the District would purchase and the District would only be entitled to 23 months of the lease. Mike asked if you could make a motion not to exceed the $640,000, plus change? Eric Wilbanks stated that we could purchase contingent upon appropriate adjustments. Ted questioned if SNWA was still leasing water and the length of time it would take the District to make their money back if they did lease to SNWA. The GM and other board members stated that we were purchasing an asset and that we could sell the water or we need the water for future needs and we were not trying to re-coup our money. Kenyon further stated that we did not purchase Bob Draskovich’s water because we did not have the funds in the ordinance II account, but if we can purchase water from the 2008 bond, we should purchase all the water we can. Ted stated that we could take the money from the 2008 bond and pay off, or down, debt. John Gleave stated that you can allocate or refund money to the bonds and he explained how it was more flexible than he first thought. Cecil then explained the District’s bond rating and how that could be damaged.
    
    Kenyon Leavitt made a motion to purchase eight (8) shares at $80,056.23 per share from Bunk Farms, LLC and that the General Manager work out with them regarding the lease agreement with SNWA and also added on to that we continue on with the lease agreement with SNWA for the duration of the two years. Cecil Leavitt seconded this motion and it was carried by a vote of 3-1 with Ted Miller opposed. 3-1
    
    6. Discussion & Possible Action – Consideration to Purchase Thirty-Five (35) Bunkerville Irrigation Shares from Cresent Hardy – Requested by Cresent Hardy
    
    Mike stated that this was the same as the last item in regards to a lease with SNWA and the purchase price was $80,056.23/share or $2,801,968.05 and with the lease amount deducted in would only be 2.7 million total. Duane Magoon stated that he did not think that Cresent’s shares were leased by SNWA. There was further discussion regarding the price of water and how it has changed through the years. Duane Magoon spoke and stated that he had just spoken with Cresent Hardy on the telephone and he did not lease his shares to the SNWA.
    
    Kenyon Leavitt made a motion to purchase thirty-five (35) Bunkerville Irrigation shares from Cresent Hardy for $80,056.23 per share. Cecil Leavitt seconded this motion and it was passed by a vote of 3 to 1 with Ted Miller opposed. 3-1
    
    7. Discussion & Possible Action – Consideration of Handling of, and Operation Under, Ordinance II Agreement with Barcelona Motorcoach, LLC Following Breaches of Said Agreement by Barcelona Motorcoach, LLC
    
    Eric Wilbanks stated that the back-up materials provided summarized the situation. Basically the payments that were to be made under the Ordinance II agreement thus far have been late and in addition, the Deed of Trust to be provided against the property and it was to be executed along with the initial agreement and recorded and that was not done until mid October, so there have been multiple breaches. Mr. Mike Kennedy stated that he did not receive the final draft of the agreement until after 5:00 p.m. on August 31, 2009. Mr. Kennedy stated that after he reviewed the agreement he sent a check without an executed agreement and his understanding was that there was no specific date as which the Deed of Trust was to be recorded and did not think that they were in breach of the contract. He further stated they were acting in good faith and would continue to do so and that he was giving his assurance that future payments would be received at the District on time. John Paul asked for counsel’s opinion. Eric Wilbanks wanted to clarify a couple issues raised by Mr. Kennedy that he was correct on the initial agreement and it was not finalized until approximately the 1st or 2nd of September. As far as the execution of the Deed of Trust, the agreement itself specified that the Deed of Trust was to be executed contemporaneously with the agreement, so there was a deadline set within the agreement. After Eric realized that this document had not been provided, he left a few voice messages with Mr. Kennedy checking up on the status and this was followed up by e-mail and we did finally get a copy of the Trust Deed. The one that has been recorded is not actually the one that Bingham & Snow office drafted and believes that the Trust Deed that Bingham & Snow drafted would be more preferable for the District and would provide more protection for the District and they would want to file this Trust Deed if the District wishes to continue with the contract. Mr. Kennedy commented that he has been in touch with the title company and they are awaiting the Trust Deed prepared by Bingham & Snow and when received they will replace it with the one that is filed now. There was further discussion as to when they required water and that both parties actually having been at fault for delays.
    
    Cecil Leavitt made a motion that the Ordinance II Agreement with Barcelona Partners, LLC be reinstated as written with the two different violations taken into consideration and that the payment is due October 31, 2009 for October’s payment and if the payment is not received by 5:00 on the 31st of October; the violation then carries through with the terminology and the penalty for the agreement as it is written. Kenyon Leavitt seconded this motion and it was unanimously carried. 4-0
    
    8. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that he would have an item on the next agenda for the board to consider regarding having moved the emergency generator from well #30 to well #31 and now it will not start due to rats having chewed through the wiring. Mike further stated that he has been given a quote of over $100,000 to repair the generator, but he would like them to come here and pick up the generator and have them check it out before any repairs are done and he is also looking at other alternatives.
    Mike Chandler was present and updated the board on the arsenic plants stating that all five sites were operational; and that the seven day test at the Hardy Way Site has been completed.
    
    9. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that he had attended the Virgin River Water Shed meeting and tour and that they had gone from Cedar Pockets to Halfway Wash where tilapia was found where we were planning on putting the Ranney Collector. Boomer further informed the board that he would have the aqua guard treatment on the next agenda for approval. Well #31 production has dropped off and he would like to pull and do pump maintenance before this well is needed for peak production. Well #30 has been running since September 29th. The Bureau of Reclamation is looking at amending the agreement at Halfway Wash.
    
    10. Public Comment
    
    There was no public comment at this time.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 4:20 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-10-20 (.pdf 20K)
  - 2009-10-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    OCTOBER 6, 2009
    
    Minutes of the Annual Board Meeting of the Virgin Valley Water District Board held on October 6, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Secretary-Treasurer Cecil Leavitt and Board Member Ted Miller. Vice-President Kenyon Leavitt, Board Member Robert “Bubba” Smith and Michael Winters General Manager were not present. Also present were Michael “Boomer” Johnson Chief Hydrologist, Bo Bingham and Eric Wilbanks District Administrative Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Cecil Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – None
    
    CONSENT AGENDA:
    
    Ted Miller requested that item #3 be pulled from the consent agenda and discussed prior to item #7.
    
    Ted Miller made a motion to approve the consent agenda as listed below with item #3 being pulled and discussed prior to item #7. Cecil Leavitt seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve of Minutes from 09/15/09 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $1,859,601.19
    
    5. Discussion & Action – Approve to Write Off Delinquent Accounts - Account 2716.1 in the amount of $14.83
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Pride Construction - $36,120.00 – Site Prep & Maintenance of Access Road for Well No. 34
    b. Legacy Construction - $35,850.00 – Fence at Hardy Site
    c. Sundance Helicopters – Estimate $4,500 – Site Visits
    
    ** End of Consent Agenda**
    
    3. Discussion & Action – Approve Financial Statements for July and August 2009
    
    Ted Miller was questioning if the board should not have a meeting held to discuss having some cuts made to bring the District back in line. John Gleave commented that cutting costs is always a good thing and that we are currently looking at a water rate structure. Morris Peacock with Hinton, Burdick commented that he had noted that the gross revenues were down and that most of the arsenic was funded by grants, but the operation and maintenance of the arsenic plants would have to be looked at and Morris felt that the District should be looking at a 5 year plan.
    
    Ted Miller made a motion to approve the financial statements for July and August 2009. Cecil Leavitt seconded the motion and it was carried unanimously. 3-0
    
    7. Discussion & Possible Action – Presentation of Annual Audit for Fiscal Year Ending June 30, 2009 by Hinton, Burdick
    
    Morris Peacock representing Hinton, Burdick was present to review the audit with staff and board members and began by highlighting a few things. Morris started by reviewing the balance sheet and noted the arsenic construction in progress, water shares and investments and the money spent on these items. Looking at the Statement of Revenues, the water use fees are down and the District would require a lot more in reserves to take care of critical situations that can occur within the Water District. Morris further stated that this was the first time that the District has shown a net operational loss, but that most of that is due to depreciation. Depreciation is a non cash item and a lot of the infrastructure constructed was funded by non-operational revenues. Morris further explained his comments. Morris went over their findings and recommendations noting only one that he felt should be acted upon as soon as possible and that would be a Fraud Risk Management Program. The audit found nothing wrong, but the District should have a policy in place. At this point, John Paul made a recommendation that Boomer relate to Mr. Winters that the District should formally develop and adopt a “Fraud Risk Management Program.” Morris further stated that the segregation of duties with the same person signing checks and reconciling the bank statements was being handled to their satisfaction with someone else opening and reviewing the bank statements before they are reconciled and that John Gleave also reviews the bank reconciliations and signs off on them. Also, the District has direct deposit available for their employees’ payroll checks and the direct deposit reports should be reviewed by someone else other than the person who writes out the checks. The board and Morris were informed that a process of having the General Manager review and sign off on the payroll direct deposits had already been put in place since the audit occurred.
    
    Cecil Leavitt made a motion to accept the audit as presented by Hinton, Burdick for fiscal year ending June 30, 2009 and included an accommodation to Hinton, Burdick for a job well done. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    John Paul asked Cecil if he was requesting that a written accommodation be completed and Cecil stated that it wouldn’t hurt. John Paul directed Boomer to have Mr. Winters write an accommodation to Hinton, Burdick.
    
    8. Discussion & Possible Action – Consideration of Removal or Forgiveness of Late Fees on Accounts Paid by Jensen Property Management – Requested by Fran Reese
    
    The District received a letter from Fran Reese with Jensen Property Management stating that they had forwarded checks paying most of their commercial accounts early due to the holiday (Labor Day) and then they received late notices. The check did not reach the District, nor was it returned to Jensen Property Management so the checks must be somewhere between the post office and the District office. Due to the lost checks, Ms. Reese was formally requesting the District to issue credits on these accounts with the late fees. Ms. Reese was not present at the meeting. There was some discussion as to the District not returning late fees and why this was brought to the board and it was stated that the customer could always ask.
    
    Cecil Leavitt made a motion to table this item for one month to see if the checks appeared and then decide whether to agree with it or not. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    9. Discussion & Possible Action – Consideration to Approve Contact Lease Agreement with Reliance Connects for Placement of Antenna on the 2 Million Gallon Storage Tank Located in the Vista Del Monte Subdivision – Requested by Reliance Connects
    
    Boomer stated that the contract document had been reviewed and revised by legal counsel, but that he had been handed an additional piece of information from City Manager Tim Hacker stating that Reliance Connects is required to obtain a “conditional use permit” from the City. Boomer stated that this should be one of the conditions of approving the agreement. Bo Bingham, District Counsel, stated that the board could approve subject to Reliance Connects obtaining a conditional use permit from the City.
    
    Ted Miller made a motion to approve the contact lease agreement with Reliance Connects for placement of an antenna on the 2 million gallon storage tank located in the Vista Del Monte Subdivision contingent upon legal counsel’s approval and recommendations. Cecil Leavitt seconded this motion and it was unanimously carried. 3-0
    
    10. Discussion & Possible Action – Consideration to Approve Settlement Agreement between VVWD and Longview Construction and Southeast Drilling, LLC and Underground Solutions, Inc.
    
    Boomer stated that this was related to the directional drilling at the Bunkerville Bridge pursuant to the change order received and denied for payment by the VVWD Board. According to the agreement, the District would pay out to Longview Construction $7,000, Southeast Drilling,
    
    $96,250 and Underground Solutions, $70,000. Boomer further stated that prior to the meeting Aaron Waite, Longview’s Legal Counsel, stated that they would not sign the settlement agreement and that they wanted $27,500 in lieu of the $7,000.
    
    Cecil Leavitt made a motion to not approve the settlement agreement between VVWD and Longview Construction and Southeast Directional Drilling, LLC and Underground Solutions, Inc. and not to sign the agreement. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    11. Discussion & Possible Action – Consideration of Circumstances and Procedure for any Delegation of Matters by the District’s General Administrative Counsel to Outside Counsel
    
    Bo Bingham stated that Ted Miller had requested that this item be put on the agenda. Ted stated that in light of the attorneys’ fees and trying to get a better handle on this, and just under good management policies, that we use a procedure where all our legal issues go to our present legal counseling (Bingham & Snow) for outside counseling and let them make the decisions as to who we need and for what purposes we need them.
    
    Ted Miller’s motion was to use a procedure where all the District’s legal issues go to our present legal counseling (Bingham & Snow) for outside counseling and that Bingham & Snow would make the decisions as to when and whom the District required for other outside legal counseling. John Paul seconded this motion and it was carried by a vote of two to one with Cecil Leavitt opposed. 2-1
    
    12. Hydrologist’s Report
    
    Michael had not included a written report, but had included a “Mutual Aid Agreement” between numerous parties for the Nevada Water/Wastewater Agency Response Network (NVWARN). This would be a statewide agreement with numerous entities involved through AWWA. With this, the District could request assistance through this organization during emergency situations. Boomer further stated that there was a meeting tomorrow regarding this agreement and that there would be no costs to the District.
    Boomer further informed the board that the District had not received its monthly payment from Barcelona Partners and that they were in default of the agreement with the District. John Paul stated that he imagined that this would be on the next board meeting to take some action if this was still the case. Bo Bingham stated that Michael was correct and that they are in default according to the agreement, the District would no longer finance their Ordinance II fees and further proposed that this be put on the agenda for any action at the next meeting.
    Boomer and Mike had attended a meeting with the BLM regarding the tower at Well #30 site regarding a trespass order for Rebel Communication and that the BLM would remove the trespass order if VVWD had ownership of the tower. The District will use the tower for SCADA communications for arsenic facilities and mobile communications to our trucks. Our existing agreement with Rebel Communications would need amended.
    Well #30 has been operation for last10 days and working very well. Next week there will be a meeting in Mesquite regarding the Virgin River Water Shed and there would be a meeting with
    Bureau of Reclamation on Friday regarding the Half-Way Wash project and the Ranney Well.
    
    13. Public Comment
    
    There was no public comment at this time.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 4:08 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-10-06 (.pdf 21K)
  - 2009-09-15: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    SEPTEMBER 15, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on September 15, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Member Ted Miller. Board Member Robert “Bubba” Smith was not present. Also present were Michael Winters General Manager, Eric Wilbanks District Administrative Legal Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Cecil Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Ted Miller questioned the invoice from George Benesch and why we were still receiving invoices. Mike Winters explained that George was still working with Boomer handling water rights issues, the Longview litigation and the Vanguard Pipe litigation. Ted stated that he thought we would only use Mr. Benesch if Bingham & Snow authorized. Cecil commented that the Administrative Attorneys, Bingham & Snow, have stated that their expertise is not in water rights or matters dealing with the BLM. John Paul stated that Bingham & Snow were designated as the District’s General Counsel, but that we have not removed Mr. Benesch’s duties as pertaining to the items mentioned by Mr. Cecil Leavitt. John Paul asked Ted if he would like to direct staff to make an item for the next regularly scheduled board meeting for discussion and decision. Ted stated that he would like to do that and he would forward something to Mary to put on the agenda.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 08/18/09 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $1,611,351.28
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Consideration of the Potential Purchase of the Building Presently Owned by Bulloch Brothers Engineering in the Red Cliffs Commercial Center Located at 750 W. Pioneer Blvd., Mesquite, Nevada and Issues Related to Such Potential Purchase, Including, But Not Limited to, the Purchase Price for Such Building; Modifications to Such Building and the Costs of Such Modifications; Use of Such Building and the Virgin Valley Water District’s Existing Facilities and the Potential Purchase of Bulloch Brothers Engineering’s Existing Furnishings in the Building
    
    A letter from Gregory Bulloch, President of Bulloch Brothers Engineering (BBE), was received inquiring if the District would be interested in purchasing their building located at 750 W. Pioneer Boulevard within the Red Cliffs Commercial Center. Mike informed the board that he had been approached by Bulloch Brothers a couple months ago and he spoke with John Paul and Cecil Leavitt and was instructed to obtain an appraisal for the property in question. Mr. Rick Smith performed an appraisal for the District in which the building appraised for 1.7 million dollars. BBE also had an appraisal on the building performed in February of 2008 and were proposing to sell their building to the District for $2,394,000 for 12,000 square feet, and if sold furnished, they would request an additional $200,000. There are currently two tenants within the building paying a combined lease amount of approximately $2,500 per month. Mike Winters again stated that the District’s current building is too small and in need of expansion. John Gleave, District CFO, informed the board that funds have been borrowed and the District is able to spend this money on designated capital improvements. Mike also stated that he had met with Chuck Bentley with Pride Construction regarding modifications to the building to satisfy the District’s needs and these changes could be made for $100,000 or less.
    
    Ted Miller stated that the District currently has a debt of 43 million and the interest on this debt was $327,000 last month. Ted further stated that the bond payments were to be paid by growth and impact fees collected within the last four months would not pay the interest for one month; sales income is down; ¼ cent sales tax is down; and the District had a net profit last year of a negative $809.000 for the past 10 months. Ted also stated that there were over 1,500 finished lots within Mesquite that impact fees had been paid for and that Pulte had that many lots or more and it would be several years before we would be seeing any monies coming in. Ted thought that we should take these funds from the 2008 bond and reduce the District’s debt and that the District would most likely have to have a rate increase in the near future.
    
    John Paul stated that he felt that there should be a full board before any decision was made on a matter of this importance and recommended tabling this item.
    
    Kenyon Leavitt wanted to clarify something Ted had said and stated that even if the District reduced their debt with the $13 million by paying down bonds, we would still have to pay interest on the bonds. John Gleave stated that the District was paying 4.7% interest on the 2008 bond and you could not pay off bond directly, you would have to put it to some other type of investment, and it would earn 1 or 2%. It would be a loss of some type. You would reduce your debt service, but you would still have to pay the 4.7% interest. Mike Winters further commented that a new law has been passed and you cannot buy bond insurance for projects under $100 million and you would lose your AAA rating. Cecil questioned John Gleave regarding the District’s debt, fixed assets, percentage of increases on the rate payers and financially you have to look at more than just the liability, but you also have an asset. Mike Winters stated that the board needed to make a decision and that he has not heard anything from Bubba and didn’t know his feelings, but thought that the board should go ahead and vote and John Paul stated that he would be willing to go ahead and vote on this item today if that is what the other board members would like. Kenyon further stated that he had the same concerns as before about building or buying a building and that it is the timing and he feels that the bond money should be used for other capital improvement projects as the recharge system and drilling wells.
    
    John Paul opened the item to the public. Ron Larsen with Mesa Construction wanted to hear from Eric Roberts with SH Architecture and also stated that the cost of construction has dropped 30 to 40 % and they, as others, spent money to meet specific criteria to meet the needs of the VVWD and this was not comparing apples to apples and they should have a chance to rebid. There was further discussion and comments heard from the public, Eric Roberts, Mike Winters and board members.
    
    Kenyon Leavitt made a motion not to pursue the purchase of the building presently owned by Bulloch Brothers Engineering. Ted Miller seconded this motion and it was carried by a vote of 3 to 1 with Cecil Leavitt opposed. 3-1
    
    5. Discussion & Possible Action – Consideration of the Construction of a New Building to Serve as the Virgin Valley Water District’s Administration and Construction Offices and Related Issues, Including, But Not Limited to, the Design of Such Building; the Location of Such Building; the Possible Acquisition of Land for Such Building; the Construction of Such Building on Land Presently Held by the Virgin Valley Water District in Bunkerville, Nevada; the Potential Sale of the Building Presently Occupied by the Virgin Valley Water District; and Solicitation and Review of Bids for the Construction of Such a Building
    
    Kenyon Leavitt stated that once again we have kicked this dog over and over again and with his last motion, this just carries on and it is just not the time to build a building. Cecil Leavitt stated that if we voted no for spending 2.5 million on a building then we certainly would not want to spend up to 4 million or more on building a building.
    
    Cecil Leavitt made a motion not to do anything with this item at this time and that we put the building to bed, period. Ted Miller seconded this motion.
    
    John Paul opened the item to public comment. Larry Swensen with Westland Construction stated that you could re-bid the project and that you could build what you wanted for half the amount. Other comments were made regarding the Bunkerville site and that now was not the time for government to sit on money because it would bring jobs.
    
    John Paul called for a vote on the motion and it was carried unanimously. 4-0
    
    6. General Manager’s Report
    
    Mike had not included a written report. Mike stated that the last arsenic plant was just about complete and was scheduled to start up next week and that the water coming from the plants was well below the .10 ppb. Mike further stated that Boomer was up at well #30 and that was why he was not present and hopefully they would be starting well #30 by the end of the week. Mike also informed the board that he would not be present for the first meeting in October. Mike explained the correspondence regarding Southern Nevada Health District and if a sample came back bad and that additional testing would be required going back to the source, which of course would be more expensive.
    
    7. Hydrologist’s Report
    
    Michael had not included a written report nor was he present.
    
    8. Public Comment
    
    Joe Bowler asked if the board was not buying any water since they did not purchase Bob Draskovich’s water shares and was informed that the board does not have a policy not to buy and that they would consider buying on an individual basis. Kraig Hafen commented on the irrigation water and Mike Chandler stated that they were preparing to put the Hardy Way Arsenic Site on line and offered a field trip to the board members of the arsenic plants.
    
    9. Adjournment
    
    President John Paul adjourned the meeting at 4:23 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-09-15 (.pdf 24K)
  - 2009-08-18: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE
    AUGUST 18, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 18, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith arriving at 3:14 p.m. Also present were Michael “Boomer” Johnson, Eric Wilbanks and Bo Bingham District Administrative Legal Counsel, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:01 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – There was no public comment at this time.Discussion: Board Comments - None
    
    President of Board Comments – John wanted to offer his sincere heartfelt concern with Mr. Winters because his father had passed away over the weekend and that was the reason he was not present today. John Paul also stated that he would like to welcome one of our attorneys, George Benesch, to the meeting.
    
    CONSENT AGENDA:
    
    John Paul stated that he had a brief comment on item #4 and asked about “utilities” as coded to 6110 and he was informed that this was the monthly electricity charge for wells only. Ted Miller asked that item #3 be pulled and that he had some questions for John Gleave since he was present.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below with item #3 being pulled and heard before item #5 under the regular agenda. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 8/4/09 Regular Board Meeting
    
    4. Discussion & Action – Approve Bills Paid - $193,495.35
    
    ** End of Consent Agenda**
    
    3. Discussion & Action – Approve Financial Statement for May 2009
    
    Ted thought that we should note and wanted to know if John Gleave could furnish financial statements monthly since we have some critical issues and if John could show comparisons to the prior year. Ted further stated that our cash flows are down considerably and that our credit card clearing had over doubled. Ted further stated that all spending should be cut back as much as we can and that we should be aware and that this was going to be a lean year. John Gleave concurred that this was going to be an interesting and difficult year.
    
    Ted Miller made a motion to approve the financial statement for May 2009. Kenyon Leavitt seconded this motion and it was carried unanimously. 4-0
    
    5. Discussion & Possible Action – Consideration to Approve Professional Service Agreement with TerraSpectra Geomatics for Geographic Information Services in the Amount Not to Exceed $25,000
    
    Michael Johnson began by stating that we have been utilizing TerraSpectra professional services since 2000 for various projects. Their services have been used to evaluate geospatial distribution of the water resources within the Lower Virgin River Basin. Numerous digital databases have been developed for the District to assist in making effective decisions regarding development of the water resource and address potential impact that increased development may have on the existing and future projects. The District budgeted $25,000 for the fiscal year 2009/2010 for GIS development, but this does not mean that we will automatically spend that amount. It is billed per project and not an open purchase order. Eric Wilbanks stated that they had found a few typos and suggested to the board that they approve subject to review and corrections.
    
    Kenyon Leavitt made a motion to approve the professional service agreement with TerraSpectra Geomatics for geographic information services in the amount not to exceed $25,000 subject to review and corrections from legal counsel. Cecil Leavitt seconded this motion and it was passed by a vote of 4 to 1 with Ted Miller opposed.
    
    6. Discussion – Presentation by Templar Energy on a Bio Fuels Energy Project in the Lower Virgin River Basin
    
    Boomer introduced the item stating that Templar Energy had approached the District on a potential bio-fuels project. Historically Boomer and Mike have had some interaction with Gary Williams on some water resources, specifically in the Beaver Dam Wash area. This project could potentially bring business into the Valley and this is just the first step in this process. Gary Williams CEO of Chemtec Energy thanked the board for giving him the opportunity to discuss potential business here in the Virgin Valley, Arizona Strip and specifically the Mesquite area. This region is one of three regions that Chemtec Energy is considering for the algae field business. Gary introduced himself, Milton Page, President of Chemtec Energy and David Bennett, liaison. Gary reviewed the Chemtec Energy profile, their products and services and their customer list. Gary stated that there is a problem in the declining crude oil reserves and that vision and solution to the problem could be in algae oil production. Algae is the most productive plant for oil content, a renewable source and grows on non-traditional farm land. Gary gave his reasons why the Arizona Strip and Clark County, Nevada would make a good location for operations. Gary went over operational requirements and described algae farm operations. Dave Bennett, liaison for Chemtec, stated that he had met Gary last year and answered a lot of his questions regarding the area and he has researched the product and feels that this is a real commodity and worth looking into. Gary stated that presentation was to educate and inform the board and public and that they were not asking for anything at this time. Gary answered numerous questions from the board and public.
    
    7. Discussion & Possible Action – Consideration of Revisions and Amendments to Sections IV and VI of the Virgin Valley Water District’s Operating Rules, Regulations & Rates to Amend and/or Revise Ordinance 2 and Ordinance 2 Fees. Potential Action Includes, but is not Limited to, Clarification of Existing Ordinance 2 Policies and Criteria, Revision or Changes to Ordinance 2 Policies and Criteria, Adjustment of Ordinance 2 Fees and Revision or Changes to Security Requirements for Payment of Ordinance 2 Fees
    
    Eric Wilbanks stated that at the very least it would make sense for an amendment to bring everything together. Ordinance 2 was amended at one point and it is a little difficult to read the original Ordinance 2 and the amendment together. There has been previous discussions regarding Ordinance 2 and some board members have even gone as far and stated that there should be a complete overhaul of Ordinance 2. Bubba questioned if the attorneys had any suggestions for change. Eric stated that the portion of the ordinance that states “payment in lieu of” is pretty clear. In the original Ordinance 2 language you can make payment in lieu of dedicating the water to the District by entering into an agreement with the District where the developer or whoever is responsible for payment of Ordinance 2 Fees can enter into an agreement where they provide security that is acceptable to the board. This could be a performance bond or deed of trust. Eric further stated that he feels that it would be better to create a document that clearly states that this is the arrangement. There was discussion on the name of the new document. John Gleave questioned the section of “payment in lieu of dedication” and that the section states payment made at the fair market value and the District is currently not doing this. Cecil explained how the fair market value is established. Boomer stated that the fair market value has always been what the board authorized the District to purchase water for. Boomer informed the board that groundwater was only 7% of the water in the basin and the remainder of water in the basin was surface water. Boomer further explained the permitting process. Kraig Hafen commented that the board should continue to buy Virgin River water and should charge what they are purchasing the water for. Quincy Edwards, developer of Pulte Homes, stated that residents are not using surface water in their homes and doesn’t feel that they should have to pay that much for Ordinance 2 fees. Cecil stated that they could bring the water then. Kenyon Leavitt stated that the last ground water purchased from John Lonetti was purchased for $15,000 an acre-foot and the board could establish this as the fair market value, which is much higher than the current fair market value of surface water at $8,700 per acre-foot. He further stated that we always have the asset. There continued to be a very lengthy discussion regarding Ordinance 2; the rechargeable water in the basin and the permitted water rights the District holds; agreements made with SNWA; establishing a fair market; the responsibility of the District to the public; growth paying for growth; aquifer storage; the amount the District leases water for, etc. Boomer stated that staff needs direction in order to proceed. Between the general manager, chief hydrologist and legal counsel, they can redraft and bring back at a later date without what the actual cost is and get a resolution to combine and simplify. It may take a couple drafts before finalized. Eric Wilbanks stated that the current ordinance does allow for the board to accept security for the payment of Ordinance 2 Fees so we do not need to make any changes to allow for that. The board would just need to agree upon what is allowable security for that. John Paul stated that staff had their direction for this item and closed item 7.
    
    8. Discussion & Possible Action – Consideration of Payment Arrangements and Alternatives for Payment of Ordinance 2 Fees by Barcelona Partner’s, LLC and the Security to be Provided to the Virgin Valley Water District for Payment of Such Ordinance 2 Fees by Barcelona Partner’s, LLC
    
    George Rapson, representing Barcelona Partner’s, LLC had submitted a letter requesting the District to grant a variance in the payment schedule of the Ordinance 2 Fees. Ordinance 2 Fees total $165,750.00. They are asking that the maps be signed by the District upon receipt of an initial down payment of $50,000 and allowing construction to begin at that time. Monthly payments would begin 30 days after the down payment for six consecutive months at $19,291.67. Eric Wilbanks stated that he has had conversation with Mike Kennedy regarding what type of security they could offer the District in regards to payment of the Ordinance 2 fees. Eric mentioned a performance bond, but was informed that with the current economy, it was difficult to get bonds approved. They are willing to sign an agreement whereas the District would shut off their water if no payments received and they could put the District on the Deed of Trust, but the District would be in the third position. The bank is in the first position and the City of Mesquite is in the second position. John Paul inquired about having them submit predated checks to the District, if this was a non-recourse agreement and if Eric had verified that they have legal counsel. Erik stated that he had not verified if they had legal counsel, he had been speaking with George Rapson and Mike Kennedy directly; Eric’s understanding is that this would be a non recourse agreement and he had not spoken to them regarding pre-dated checks. Cecil Leavitt stated that he had a problem with loaning $115,750 interest free for six months. George Rapson stated that it was a fair request to include interest. George Rapson stated that his request is to have water on with approximately 80% of the Ordinance 2 fees paid and that they would pay all the impact and connection fees before water was turned on. Kenyon stated he still had concerns regarding security and being the 3rd party on the deed of trust. Bubba stated that he was also not comfortable with being the 3rd party on the deed of trust and are we really secure with that and we also need to be aware of the precedence we would be setting. John Paul asked counsel about Barcelona Partner’s, LLC and if they would claim bankruptcy or about a default scenario. Bo Bingham stated that this could be drafted into the contract and say that this is not going to be something that would be deemed a covenant or a promise running with the land. This would be separate from the land itself and keep it entirely separate. Bo further stated that there were different things the board could do. Bo informed the board that they could put into the contract that if they default on any one of the payments, that the District would not continue to finance and that the fee would have to be paid in its entirety at that point before water would be available. The ordinance currently reads that the general manager has discretion to determine what is considered to be appropriate security and this might be better if the board has that authority. Kenyon stated that he liked the idea that if they were late on any payment, that the water would not be turned on until the Ordinance 2 fees were paid in full.
    
    Kenyon Leavitt made a motion to approve a payment arrangement with Barcelona Partner’s, LLC for Ordinance 2 Fees with a $50,000 down payment due by August 31, 2009 with monthly payments of $19,291, plus a 10% APR due thirty (30) days after the down payment for six consecutive months and as long as these monthly payments are made on time, the District will turn the water on when they have reached 80% or when ready for service; if a payment is missed, payment in full will be required before the water will be turned on; the District would go on their deed of trust for the land as #3; this would be a non recourse agreement and subject to approval between both parties after District counsel drafts the agreement. Cecil Leavitt seconded the motion and it was unanimously carried. 5-0
    
    9. General Manager’s Report
    
    Mike had not included a written report and was not present. The monthly arsenic treatment plant report was included within the packets and Boomer stated that the Hardy Way Site plant was coming along and that it was planned to have water running through the filters in within two weeks. The SNWA is entering into a big agreement with the state of Utah on Thursday on Snake Valley and our presence has been requested in support of the pipeline. Boomer feels that we should be supportive of the pipeline because it would be less stress on the District regarding water resources down the line and we have cooperatively worked with SNWA since 1994.
    
    10. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that there was a Virgin River Habitat Conservation (VRHC) joint basin field trip scheduled for October 4th and 5th in Mesquite. There is a meeting tomorrow in Las Vegas structuring the field trip that Boomer will attend and he will also be attending the SWAC meeting tomorrow. Boomer further stated that while on vacation in California the bowl assembly for well #30 was disassembled. It was decided to modify that bowl assembly. An insurance company rep was present at the facility and they are looking at our costs of pulling and reinstalling. Installation should be in two weeks. Boomer further stated that the District is conducting arsenic sampling weekly and all samples are coming back under 10 ppb.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 6:16 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-08-18 (.pdf 24K)
  - 2009-08-04: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - AUGUST 4, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on August 4, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, Eric Wilbanks District Administrative Legal Counsel and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Ted Miller read a note from Jackie Miller and Michelle Santos with Coldwell Banker Road Runner Real Estate thanking staff with their help regarding foreclosures.
    
    President of Board Comments – John Paul stated that there had been a request for some sort of light board arrangement so he could tell when a board member wanted to speak. With no objection he wanted this put on a future agenda as an item. John further stated that he wanted to establish a more thorough clarification of understanding for the parameters or the criteria for leasing water in the future. John stated that it was his understanding that it was the intention of the VVVWD to provide water to people who have a genuine need locally within the District boundaries and also to clarify what the use is for; it is not the intent of the board to have a less expensive water cost for people who want to use it for substitution water and feels that this should also be on a future agenda to formulate some criteria. Mike questioned whether John wanted this as an agenda item or a workshop where there would be discussion between the board and public. It was decided that a workshop would be a great idea.
    
    CONSENT AGENDA:
    
    Mike Winters requested that Item “5A” be pulled from the consent agenda and discussed separately.
    
    Cecil Leavitt made a motion to approve the consent agenda, items 1-4 as listed below and item 5A being pulled and heard as the first item after the consent agenda. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item 5A pulled from consent agenda
    
    2. Discussion & Action – Approve Minutes from 07/21/09 Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $1,477,895.93
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    a. Mountainland Supply - $3,725.00 – PRV Cover on Pioneer & Falcon Ridge Pkwy
    b. Dell Computers - $17,250.00 plus S&H – Server & 2 Work Stations
    
    ** End of Consent Agenda**
    
    5. Discussion & Action – Approve “Will Serve” Letters
    a. Solstice Motorcoach Resort & Country Club Phase I – 50 EDU’s
    
    Mike Winters stated that he had been approached by Mike Kennedy regarding the Ordinance II fees and the payment of these fees. Mike explained the District’s policy in that in order for Mike to sign off on the maps, all the Ordinance II fees must be paid before he will sign. Any change to that policy would require board action. Mike stated that George Rapson was here to approach the board and to discuss what they would like to do regarding the payment of Ordinance II fees. George Rapson representing Solstice Mesquite stated that they were making progress on the project due to the City helping with financing. The Ordinance II fees are $165,750.00 and they are not asking for an abatement or reduction of any sort, but are asking for help in paying this fee over six months; $50,000 up front and slightly less than $20,000 monthly until paid in full. This would help them through the critical phase of construction. John Paul asked if we were to comply with this request would they have any objection to giving dated checks so they could be deposited monthly and George stated that he didn’t know at this time if that would be possible. George stated that it would probably be two to three months after opening before the Ordinance II fees would be paid in their entirety. Kenyon Leavitt questioned Mike and asked what would happen if we got the down payment and one monthly payment, but then received no other payments? What would our recourse be since the meter would already be installed? Mike then stated that the agenda item is to approve this project for 50 EDU’s and does not believe that you can change the policy during this agenda item. Mike further stated that they needed the maps signed now so they could proceed right away. Bubba stated that it seems like the project will be complete before all payments are made. Mike explained the “will serve” process. Cecil stated that he felt as far as the Open Meeting Law (OML) is concerned and how the item on the agenda is listed, any deviation from the agenda item is a violation of the OML and they (Solstice) need to request an item be put on the agenda for deviation of a current policy. John Paul asked legal counsel for an opinion. Eric stated that the agenda item was to approve a “will serve” for this project and to do this the board must stay within the current policies and procedures of the District and if you are going to deviate from the standard policies and procedures to make concessions for Solstice outside of the standard policies and procedures then the board does not have authority to do that at this time. There was further discussion regarding variance of District policies and procedures.
    
    Cecil Leavitt made a motion to approve a “will serve” letter to Solstice Motorcoach Resort & Country Club Phase I for 50 EDU’s contingent upon meeting the Criteria to Ordinance II. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion – Presentation by Mesquite Veterans Chapter 993 to VVWD Board
    
    Dale Hoyt representing the Mesquite Veterans Chapter 993 stated that on behalf of this chapter and other local veterans groups that they would like to present to the VVWD Board with a certificate of appreciation for working with them in the waiving of some fees and allowing them to make payments over time for other fees. Dale presented a certificate to the board and all board members stated their appreciation for the certificate.
    
    7. Discussion & Possible Action – Consider a Donation to the League of Women Voters of Mesquite for their Voter Services and Education Programs
    
    Rosemary Gary representing the League of Women Voters stated that their request was for $500 to continue publishing the complimentary fliers on the candidates prior to the General Election. Bubba stated appreciation for all these groups and recognizes what they are trying to do. The District has $500 remaining for donations in this fiscal year.
    
    Kenyon Leavitt made a motion to donate $500 to the League of Women Voters of Mesquite for their voter services and education programs. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration of Proposed Agreement Between VVWD and Bowen & Collins for the Design of Four (4) PRV Stations and Potential Authorization for the General Manager to Execute the Proposed Agreement with Bowen & Collins
    
    Mike Winters stated that per the presentation given by Bowen & Collins for the District’s Water Resource Plan, they talked about four or five PRV stations on the north side of the freeway. The agreement attached authorizes Bowen & Collins three tasks: 1-Design, prepare plans, specifications and bidding documents for the project; 2-Bidding, Assist the District in obtaining and evaluating bids and in awarding a contract to construct the project; and 3-Construction, provide construction engineering services during the construction of the project. Construction surveying and materials testing would not be included. Mike further stated that he has received telephone calls from customers with their urging the board to approve PRV’s in their areas. Eric stated that they had reviewed the agreement and that it was pretty standard. Mike Chandler with Bowen & Collins was present and stated that he would be happy to entertain any questions the board may have. Bubba asked about timing. Mike Chandler stated that designing would require 2 to 4 weeks and bidding would probably be a week after that. Mike Chandler thought that construction could begin sometime after Labor Day. It was asked if this would satisfy the problem within Highland Fairways, who were on the agenda previously requesting assistance with the high pressure problems they were receiving. Mike Chandler stated that these PRV’s should take care of the entire north side of the freeway with the only remaining high pressure located around the Mesquite Commerce and Tech Center area; and with growth, this would alleviate most of those pressure problems.
    
    Kenyon Leavitt made a motion to approve the proposed agreement between VVWD and Bowen & Collins for the design of four (4) PRV stations not to exceed $14,578.00 and authorize the General Manager to execute the agreement with Bowen & Collins. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    9. General Manager’s Report
    
    Mike first wanted to go over the hydrologist report since Boomer was not present and updated the board that the pump at well #30 had been pulled and was in Fontana, CA being torn apart and inspected by Boomer and a representative from our insurance company. They found the problem to be a thrust bearing in the bottom of the bowls. The tapered bearing was off 1/1000 of an inch which caused undo wear and pressure and caused the bearing to fail. They are redesigning that with a different type bearing and will have modifications to the bowls. There will be less wear and tear on the pump itself. Mike was not sure of the date when it would be back into the ground. John Paul questioned if there would be a warranty and Mike stated he did not know that yet. Mike also reported that Boomer and Aaron were at the Virgin River Habitat meeting and stated that we were very close to getting that signed.
    
    Mike also had included some information for the board from Bulloch Brothers Engineering regarding stabilization of the road leading to well #32 and the tanks. The road is 10 years old or so with some type II gravel, but sand continues working its way through. The arsenic project is about complete and we will still have large tanker trucks traveling this road and rutting it out. Travis Anderson with Bulloch Brothers Engineering was present and explained to the board the two options of stabilizing the road that they had provided. Travis stated that he thought it would be wise to do a test section before a full decision was made. Mike stated that he would get with Travis and see if they could try out the soil stabilizer on an “S” curve and that maybe the company would be willing to participate in order to possibly obtain our business.
    
    Mike finished by stating that the District auctioned 188 irrigation shares and River View LLC would be leasing the shares for one year.
    
    10. Hydrologist’s Report
    
    Michael had not included a written report and was not present.
    
    11. Public Comment
    
    Rosemary Gary thanked the board for their contribution and Sandra Raymaker commented on the new website.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 3:55 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-07-21 (.pdf 27K)
  - 2009-07-21: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JULY 21, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 21, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, Bo Bingham & Eric Wilbanks District Administrative Counsel, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Kenyon Leavitt offered a Prayer and Cecil Leavitt led the pledge.
    Public Comment – Don Paff of Bunkerville read a statement regarding his opinion of the hiring of the District’s Administrative Counsel
    
    Discussion: Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Cecil questioned item #4B and if this item should be removed from the consent agenda and heard along with item “10” since it depended upon item “10” being approved if this purchase order was necessary. Cecil also requested that items #5 and #6 both be moved on the agenda to after the Hydrologist’s Report.
    John Paul questioned item #2 of the minutes on page 6 in the last paragraph running into page 7 that he wanted the minutes to include that after Mike Winters informed the board that he applied for another grant with the ACOE and VVWD will be receiving an additional 4.8 or 4.9 million dollars that John Paul, president of the Water District immediately congratulated Mike Winters, General Manager, on securing that money for that grant.
    
    Bubba Smith made a motion to approve the consent agenda with items 1 and 3 as written; approve item #2 with corrections as John Paul requested; item 4B removed from the consent agenda and heard with item #10; approve item 4A as written; and items 5 and 6 being moved on the agenda to after item #12. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda – Item 4B to be heard with item #10 and items #5 and #6 to be discussed after item #12.
    
    2. Discussion & Action – Approve Minutes from 7/7/08 Regular Board Meeting – correction to page 7 to include after Mike’s comments about receiving an additional 4.8 or 4.9 million dollars from the ACOE. “John Paul, President of the Water District immediately congratulated Mike Winters, General Manager, on securing that money for that grant.”
    
    3. Discussion & Action – Approve Bills Paid - $326,675.24
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    
    a. Ruesch Machine – Ratify $11,500 – Crane Rental for Well #30
    
    ** End of Consent Agenda**
    
    7. Discussion & Possible Action – Consideration to Approve a Donation to the Mesquite Cancer HELP Society
    
    Yoli Bell representing the Mesquite Cancer HELP Society handed out the organization’s Mission Statement and another form stating what their goals are and what they provide. The original letter requested $2,250 for their 5th annual “In the Pink Fundraiser for Cancer” to be held on October 24, 2009, but Yoli stated that they would be willing to accept any amount that the District would be willing to donate.
    
    Cecil Leavitt made a motion to approve a donation of $500 to the Mesquite Cancer HELP Society. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to Purchase Five (5) Shares of Bunkerville Irrigation Water With a Lease Back Option – Requested by Bob Draskovich
    
    Bob Draskovich requested that the District purchase five of his Bunkerville Irrigation Shares for $80,056.23 per share or $400,281.15 for all five shares and to lease them back from the District for $300 per share for a five-year period. Bob stated that he would like the shares to stay in the valley, but if the District opted not to purchase these shares, he would be selling them to SNWA. There was discussion regarding the amount of money in the Ordinance II accounts for purchasing water shares and monthly payments that need to be paid from these accounts. Kenyon Leavitt commented that since the board had opted to set the Ordinance II fees back to $3,300 per ¾” meter (this equals out to $33,000 per Bunkerville Share) and that this just didn’t pencil out to purchase Bunkerville Shares for $80,000 plus. Kenyon further stated that growth needs to pay for growth and if the District wants to purchase water at the higher cost, then they need to increase the amount they charge for Ordinance II fees.
    
    Mike Winters commented on the amount of money in the Ordinance II accounts and that these Ordinance II accounts are specifically for purchasing water shares. Mike further stated that the District had the possibility to sell or lease their shares to the SNWA.
    
    Bubba stated that the item on the agenda today was not Ordinance II fees, but to purchase irrigation water. Bubba asked if it was worth banking water purchased at over $80,000 and that it would take over 166 years to recoup the money spent on purchasing the shares if only leased for $300 per share. Bubba questioned the need to purchase water and what was going to happen down the road. Also, Bubba questioned leasing the water for five years when he thought we didn’t want to tie them down for that long a period and that the District was only leasing for one year.
    
    Ted Miller thanked Bob Draskovich for coming to the District first to sell his shares, but that he felt the District just couldn’t afford to purchase the shares at this time.
    Bob stated that he would be willing to lease the shares on a year to year basis.
    
    The item died for a lack of a motion.
    
    9. Discussion & Possible Action – Consideration to Approve Professional Service Agreement with Southwest Geology, Inc. for Geologic Support to the District Not to Exceed an Amount of $15,000
    
    Boomer informed the board that this was a budgeted item and that geologic support is anticipated for water resource investigations to meet the increased service area demands associated with growth in the basin. Boomer further stated that Southwest Geology has prepared hydro geologic reports for the VVWD and has appeared as an expert witness in the Tule Desert Hearing and hydro geologic data review presented by Lincoln County Water District and Vidler Water as part of the VVWD protest associated with Tule Desert. Boomer stated that Gary Dixon along with Terry Katzer had identified the site for well #34.
    
    Cecil Leavitt made a motion to approve the professional service agreement with Southwest Geology, Inc. for geologic support to the District in an amount not to exceed $15,000. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    10. Discussion & Possible Action – Consideration of Amendment to Professional Service Agreement with Layne-Christensen for Pumping Equipment for VVWD Well No. 30
    
    Boomer informed the board that the District had previously executed a professional service agreement with Layne-Christensen for engineering and fabrication of the line shaft turbine bowl assembly and installation of the pumping equipment in VVWD Well 30. In his memo to the board he included a time table of events that have occurred with VVWD Well 30 concluding that the well had to be shut down due to an electrical overload and that the pumping equipment must now come out. Boomer further stated that we don’t know what issues we are dealing with until the pump is pulled. Boomer believes that this is still a viable option since it is one of our best wells and is a back-up to well #31. Cecil asked questions regarding “Exhibit A” and the assumptions numbered one through seven. John Paul questioned Boomer that in the past he has stated that this is the deepest pumping well for water and hoped that this was not a factor in the District moving forward with this and Boomer stated that it did not but that he believed this was the best scenario to get the longevity out of the pumping equipment. Kenyon Leavitt asked what if you looked at the pump and then decide it is not worth it; but Boomer stated that he was not looking at that scenario. Mike Winters stated that he submitted a claim to Diane Padilla with the Pool Pact, but was not sure if anything would be covered.
    
    Bo Bingham wanted the minutes to reflect, and the board to be aware, that under NRS 332 if you are going to spend more than $50,000 in any given year that you are subject to the competitive bid process. Bo stated that after speaking with Mike that this could be a potential emergency exception, but he felt that there were a couple other exceptions that fit more squarely with this situation. It is Bo’s understanding that part of the work will be engineering and potentially you are under the professional services exception; but most importantly under NRS 332.115 if you are going to repair or provide maintenance, especially if this is from one specific source, you can be outside of the competitive bid process. Bo stated that if the board was inclined to make a decision today to approve this, we want to make sure that the minutes reflect that this was considered and that was the reason the competitive bid process wasn’t implemented in this situation.
    
    Cecil Leavitt made a motion amending the professional service agreement with Layne-Christensen for pumping equipment for VVWD Well No. 30 in an amount not to exceed $180,000. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    4. Discussion & Action – Approve Purchase Orders Over $2,500
    b. Ruesch Machine - $20,000 – Pull & Re-Install VVWD Well #30 Line Shaft
    
    Bubba Smith made a motion to approve purchase order 9100 to Ruesch Machine not to exceed $20,000 to pull and re-install VVWD Well #30 line shaft. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    11. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that he had received letters from SNWA last week indicating that they were still willing to buy or lease the District’s irrigation shares. There is no time limit and it is on a first come, first serve basis. Mike stated that if the board desired, he could put this on a future agenda for action. Mike stated that the District owns 12 Bunkerville shares and 188 Mesquite shares. Ted asked about the Bunkerville shares and if we were short shares for the secondary system. Boomer proceeded to explain that the District previously had 89 Bunkerville shares and the process of swapping them out and the other water rights applications transferred to the District from SNWA.
    
    With no objection, John Paul asked for public comment and Quincy Edwards with Pulte Homes and Kraig Hafen had questions answered.
    
    Mike continued to inform the board that Bowen & Collins would be at the next board meeting regarding PRV’s on the north side of the freeway. Mike stated that he had forwarded e-mails to all board members regarding purchasing a new truck and receiving no responses asked if the board desired to have this put on the next agenda for approval or if they would like to direct him to do so and they stated that he was directed to go ahead and purchase the vehicle from Mesquite Ford. Mike further stated that he was in Las Vegas last Friday for a deposition. Mike also informed the board that the Colonel from the ACOE was very pleased with what he saw and was anxious for the District to come up with other projects that the ACOE would be able to participate with. John Paul questioned the arsenic plants and their progress and Mike explained that they were more manual right now than automated.
    
    12. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that the pump from well #30 would be taken out of the ground and sent to California next week. Boomer also stated that he has been meeting with RBF Consulting regarding water rights and expectations with aquifer storage and will bring back information to the board.
    
    5. Discussion – Discussion of Nevada Open Meeting Law and Its Application to the Virgin Valley Water District
    
    Bo Bingham and Eric Wilbanks, District Administrative Legal Counsel, were present to discuss this and the next items. They provided each board member and staff with the current edition of the Nevada Open Meeting Law. Bo further stated that if the board had any specific questions or directions that they wanted Bingham & Snow to take to let them know. Eric also had prepared a proposal for compliance with Nevada Open Meeting Law and conduct of meetings. They proposed that for the time being that they prepare the agendas for the District’s meetings and Eric explained the procedures suggested so that the agendas were completed and ready for posting by the designated date and time. Eric also stated that the District should consider adopting rules to govern the conduct of its meetings and that they would review other procedures concerning complying with the Open Meeting Law.
    
    6. Discussion – Discussion of Nevada Public Agency Insurance Pool (Pool Pact) Including Coverage and Resources Available to the Virgin Valley Water District
    
    Bo began by stating that this was a minor issue and Dennis Cournoyer was also present to answer any questions the board may have. The general liability policy includes vehicles, flood insurance, worker’s comp and also includes director’s and officers’ liability and is renewed every July. The Pool Pact also assists with Human Resource issues and Risk Management. Bubba questioned how premiums were based and Dennis explained the process of rating individual entities and that the Pool Pact includes 136 different entities. Dennis’s records also showed that the District has not filed a worker’s comp claim since 1998
    
    13. Public Comment
    
    Sandra Raymaker of Mesquite made comments regarding the District’s website and water conservation.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 4:35 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-07-21 (.pdf 27K)
  - 2009-07-07: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JULY 7, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on July 7, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Vice-President Kenyon Leavitt was not present, but was called and put on speaker phone from item No. 7. Also present were Michael Winters General Manager, George Benesch District Counsel, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Cecil Leavitt offered a Prayer and Bubba Smith led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    President of Board Comments – John Paul commented on the correspondence included within the packets from Barney McKenna & Olmstead, Attorneys at Law regarding the Administrative Legal Counsel position.
    
    CONSENT AGENDA:
    
    John Paul requested that item #2 be removed for further discussion. John further commented on item #4 and read the memo included with this item.
    
    Bubba Smith made a motion to approve the agenda as presented and the consent agenda items #1, #3 and #4 with item #2 being removed for further discussion. Ted Miller seconded this motion.
    
    Cecil Leavitt questioned item #7 stating that this item was placed on the agenda by Kenyon Leavitt and he is unable to be present and would like the item removed and placed on the next agenda two weeks from today. Cecil Leavitt moved to amend the motion to remove the item and placed on the agenda two weeks from today. The motion died for a lack of a second.
    
    John Paul called for a vote on the motion and the second on the floor and it was passed by a vote of 3 to 1 with Cecil Leavitt opposed.
    
    1. Discussion & Action - Approve Agenda
    
    3. Discussion & Action – Approve Bills Paid - $1,279,004.02
    
    4. Discussion & Action – Approve Purchase Order Over $2,500
    
    A. CDW Government, Inc. - $4,474.45 – Computer Rack with Accessories
    
    ** End of Consent Agenda**
    
    2. Discussion & Action – Approve Minutes from 6/16/09 Regular Meeting
    
    John Paul referred to page 3 of the minutes, 5th paragraph down which is under item #9 and the third sentence from the end that reads “John Paul stated that he did not agree with that statement and that he was quite impressed with the resumes.” John asked that this be corrected not to read that way because it was not exactly what he said. John Paul stated that what he said was not that he didn’t agree with that statement because it could be misread and misunderstood and would like it to read that, “John Paul stated that he did not agree with that statement as it pertains to the qualifications and the resumes submitted, I was impressed with the resumes”; and would like to note this change. John Paul further stated that on the last paragraph of page 3 in the middle of it “John Paul stated that after looking at the paperwork submitted by Bingham & Snow that he was highly impressed with this firm.” John stated that this was not quite exactly what he said. What he did say was that he was impressed with the firm because they had addressed each point that was listed in the Request for Proposal and would like the record to read that way.
    John then moved to page four and the fourth and fifth paragraphs down under the General Manager’s Report and questioned whether Mike had forwarded this letter in question and then he asked about Mike Chandler’s comments and asked where the arsenic plants were. John further questioned the Hydrologist’s Report and the pump for well #30. It was stated that these questions could be answered under the General Manager’s and Hydrologist’s Reports later on the agenda.
    
    John Paul made a motion to correct the minutes on page 3 under item #9 and the third sentence from the end in the 5th paragraph to read “John Paul stated that he did not agree with that statement as it pertains to the qualifications and the resumes submitted, and that he was impressed by the resumes,” and that the last paragraph on page 3, third sentence should read that “John Paul stated that after looking at that the paperwork submitted by Bingham & Snow that he was impressed with the firm because they had addressed each point that was listed in the Request for Proposal”. Bubba Smith seconded this motion and it was unanimously carried. 4-0
    
    5. Discussion - Presentation by Randy Robison Updating the Board on the 2009 Legislative Session
    
    Randy Robison, District Government Affairs Liaison, gave a brief overview of items of interest. The budget and taxes issues overshadowed every other issue. Randy stated that there was not a great deal of water issues proposed. The substance of AB416 requires a basin inventory before basin transfers. AB480 increased fees to help offset State Engineer Costs. SB66 dealt with the Virgin and Muddy River. Randy further commented on other smaller issues.
    
    Mike Winters commented on the stimulus money of $19 million that would be used for arsenic treatment for other entities.
    
    Minutes of a Regular Board Meeting
    July 7, 2009
    Page 3
    
    6. Discussion & Possible Action – Consideration to Approve Donations to Julia Woods and/or Mesquite Cancer Help Society
    
    Mike stated that the board had budgeted $5,000 this fiscal year with $4,000 earmarked to be split evenly at $1,000 for each school within the District leaving an extra $1,000 for the board to use at their discretion. Julia Woods was present and stated that she would be in the 6th grade at Hughes Middle School on the cheer squad and had presented a letter in the packets requesting a donation stating that cheer would probably cost about $450 per cheerleader. The board discussed the $1,000 for each school. Bubba questioned the District’s Donation Policy and Mary read off the policy the board had previously approved. If was further discussed whether to donate money from the extra $1,000 to Julia or whether to designate an amount certain to the cheer squad from the $1,000 to the school.
    
    Cecil Leavitt made a motion to approve $450 to Hughes Middle School Cheer Squad from the $1,000 already designated to that school. Ted Miller seconded this motion.
    
    Bubba questioned how many cheerleaders there were and was informed that there are to be 20 cheerleaders. There was further discussion. John Paul called for a vote and it was unanimously carried. 4-0
    
    The second part of this item was heard for the Mesquite Cancer Society and there were no representatives present.
    
    Cecil Leavitt made a motion to table this portion of the item until a representative for the Mesquite Cancer Society was present at the next board meeting. Bubba Smith seconded the motion and it was unanimously carried. 4-0
    
    7. Discussion & Possible Action – Interview with Attorney, Bo Bingham and/or Representative(s) of Bingham & Snow and Consideration to Retain Firm for Professional Services for Administrative Legal Counsel for the VVWD
    
    Mike Winters telephoned Board Member Kenyon Leavitt and had him on speaker phone. John Paul commented that he thought this item should be heard by all board members and now it would be. John Paul further stated that he felt the VVWD should have more than one firm to choose from.
    
    John Paul moved to expand and modify this item to include attorney Nancy Harkess along with attorneys Bingham & Snow and to be placed on the next regularly scheduled meeting agenda of the VVWD Board which would be July 21st.
    
    Bubba had a question stating that Bingham & Snow were present today to be interviewed, and were we going to speak to them today and then add some more presentations next week? John Paul stated that that was not part of his motion as it stood now. Ted stated that he didn’t understand John’s motion and Bubba asked again if we were not going to interview Bingham & Snow today. John Paul stated that it was not a recognized motion until there was a second. Cecil Leavitt stated that he would second it, but that he felt that there needed to be more than one more firm to be interviewed. Ted Miller called for a point of order stating that the agenda item was pretty plain. John Paul stated that he had made a motion and was waiting for a second on it.
    
    Kenyon Leavitt seconded the motion on the fact that he would like to be present so that he could see them.
    
    Ted Miller again called for a point of order. John Paul asked George Benesch for his direction on the agenda item. George stated that the board was limited to the agenda item to interview Bo Bingham. Mike Winters stated that his belief from the beginning was that none of the attorneys who submitted a resume had met the RFP or RFQ and that there has not been a RFP or RFQ established. John Paul questioned Mike as to why there had not been an RFP or RFQ established. Ted Miller again called for a point of order and asked what the agenda item was and John Paul proceeded to read item #7 on the agenda aloud again. Bubba stated that when it was brought up earlier in the meeting to approve the agenda, item #7 was not tabled then, the agenda item is pretty clear and he feels that we should go ahead with the interview today and if we want to hear other presentations at the next meeting that would be okay.
    
    John Paul stated that he was sorry to disappoint Kenyon, but that he was going to withdraw his motion.
    
    Bo Bingham and Eric Wilbanks were present representing Bingham & Snow. The RFP and RFQ were further discussed, how they received them, what was stated on them and if they were given a scope of duties and what would the attorneys be doing.
    
    Ted Miller stated that the District occasionally required legal advice on water matters, but required an attorney for administrative legal actions. Ted further stated that they have experience with Open Meeting Law and other administrative legal actions and have worked with other entities in this capacity and that this would work for the District and that if they required assistance on legal water matters he would hope that they would contact George, but that they would handle the day in and day out legal matters.
    
    Jeff McKenna with Barney McKenna & Olmstead was present and stated that he saw the ad in the Nevada Lawyer and contacted the VVWD, but he received no additional information and would like the opportunity to also work with the District. Mayor Susan Holecheck commented that she felt that the District would be well served from either of the firms present today, but felt that the board should verify with their current attorney if it is appropriate and/or legal for a board member to participate with only certain agenda items. George Benesch again directed the board back to the agenda item.
    
    Bubba questioned Bo Bingham and Eric Wilbanks if they had looked at the performance of the Water Board in the past year, and how their services would help the VVWD Board’s performance and better organize meetings, contracts, and some of the other performances that they have to do. Bo answered that he has attended a few meetings and has read the newspaper articles.
    
    Bo informed the board regarding Mayor Holecheck’s question of the appropriateness or legality of a board member participating telephonically, that there was nothing specifically in NRS Section 241 regarding this issue, nor did he think there would there be any case law on this issue; but as a matter of practice, you would always want to have a full board present. Bo further stated that he felt that they could offer significant assistance on general laws, contracts, litigation, Open Meeting Law and agenda items. Bo conceded that they were not water law experts and would go outside for water laws. Bubba further asked if they would be able to assist with better background information for agenda items and Bo stated that they could assist staff to do this, but their role would be legal. Bubba stated that he understood that they would be on a retainer and not an employee and would bill hourly. Bubba further asked about the District belonging to the Pool Pact and if they would use that resource. Bo stated that he understood they would bill on an hourly rate and if they were getting a fair amount of work, their rate could be discounted. Bo further stated that he was aware of Pool Pact and that he has stated previously to other clients that if they are paying insurance premiums and the Pool Pact can assist that you should definitely take advantage of that.
    
    John Paul questioned if they had an understanding from the RFP that they would attend board meetings and be available to give counsel and advice? Bo stated that “yes” he understood that board meetings were the first and third Tuesday of every month at 3:00 and if the board wanted them here, they would be here. John further asked about the agenda and the agenda items being clear and complete according to the Open Meeting Law (OML) and also the background material for agenda items and if they would be able to assist in putting this together; what it should consist of and being able to train some of the staff so that they could accumulate that as they go and to be mindful of it and to keep the records in place that would allow the board to have backup material available? Bo answered that absolutely they would be able to assist in this matter.
    
    Cecil Leavitt questioned the need for Bingham & Snow if the Pool Pact was available, and Bo answered that would be up to the board, but they were willing to assist in any way they could. Cecil questioned Bo if they had an employee whose father sits on our Board and Bo answered that Marcus Smith would be an intern for a few weeks this year and had worked as an intern last year for them, but saw no conflict of interest. Cecil further asked if they represented other people or entities in the Virgin Valley concerning water issues that would cause conflict or opposition to the VVWD. Bo answered that they had represented people/companies in the Valley that do own water rights, but that the rules of professional responsibility pertaining to attorneys is very clear and if we have a conflict of interest they [attorneys] cannot represent a party against another; and attorneys and their firm take this very seriously. Bo further stated that they have declined representation on a number of matters that he would have liked to be involved in but they just couldn’t do it. They have to maintain the ethical rules. Primarily, if you have inside information on one transaction, you cannot use that information on another transaction.
    
    Bubba asked about “Robert’s Rules” and his frustration on serving on the board with the lack of structure and asked if Bo had any feelings about parliamentary procedure and Robert’s Rules and how we could adopt and incorporate those procedures. Bo stated that these rules exist and that they are tried and true and felt that it would be in the board’s best interest to apply them.
    
    Ted inquired about the other municipalities that Bingham & Snow have or currently represent. Bo mentioned several entities that they represent and that they are licensed in Utah, Arizona and Nevada.
    
    Bo concluded that he was happy to answer any questions that the board had and welcomed the opportunity to assist the VVWD and hopefully work together. He further stated that they would be able to help on issues that have come up before the board, especially those that were mentioned today; but at the end of the day, it was up to the board to decide what would be best for the District and hopefully they could help.
    
    Bubba questioned about hearing from other firms. Kenyon commented that he felt that the board’s responsibility was to interview more than one firm. Mike Winters asked about current cases that the District was involved in and stated that his assumption was that George would continue to handle these matters. Ted stated that we wanted to retain these attorneys for our legal matters and if they couldn’t handle those case(s), that they would look to another attorney to assist and hopefully they would look to George Benesch to handle these water issues. Mike asked if we would still be retaining George for water rights and other water issues. John Paul commented that he expected we would. Kenyon commented that we had an attorney now for water issues and the reason for the new attorney was for administrative issues.
    
    Bubba disclosed that he had a son in law school who would intern for Bingham & Snow for five weeks and his son is aware that he would not be able to participate or be involved with any issues for the Water District because of his position on the board, which he serves on at the pleasure of the mayor. John Paul questioned Bubba if he had any indebtedness to Bingham & Snow and Bubba stated that he did not.
    
    Ted Miller made a motion to retain Bingham & Snow for professional services for Administrative Legal Counsel for the VVWD. Bubba Smith seconded the motion.
    
    Cecil Leavitt questioned if a majority of the vote was no if this would exclude Bingham & Snow from being the legal counsel. George stated that you could structure the motion any way you wanted and if you wanted to interview another firm he would hope that Bingham & Snow would not be precluded from consideration.
    
    John Paul called for a vote and the motion passed by a vote of 3 to 2 with Cecil Leavitt and Kenyon Leavitt opposed.
    
    Mike asked if we should set up a time with Bingham & Snow to negotiate a price and was directed to do so.
    
    8. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that the District had received a certificate of completion for the arsenic site at well #28. Mike Chandler reported that site #28 was about 75% automated with sites #32 and #31 about 50% automated. Mr. Chandler further stated that after this week, sites 28 and 31 would be fully automated with site #32 coming in fully automated within two weeks. Mike Winters further informed the board that a Colonel with the ACOE would be here for a site visit on July 15th. Mike also informed the board that he had applied for another grant from the ACOE and the VVWD will be receiving an additional 4.8 or 4.9 million dollars. John Paul President of the Water District immediately congratulated Mike Winters, General Manager, for securing that money for that grant. Mike stated that the last payday had approximately 70 hours of overtime (OT) between two people and that was cut down to 15 hours between 3 persons, but now we had OT due to leaks again. Mike stated that he had sent out a request for bids to other contractors for their price per linear foot for labor to assist in fixing leaks if we would need it. Mike further stated that he has been working with Bowen & Collins on PRV sites for the north side of the freeway to cut the pressures in some areas. Mike stated that George Benesch had drafted a letter to Lincoln County and forwarded the letter the day after our last meeting stating that the District would not be submitting a proposal to service the Lincoln County Land Act in July because of the change of circumstances.
    
    9. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that well #30 had been turned on and was pumping water for the first time in several years. Boomer had called the board members for approval to rent a larger crane because of the weight so the pump would not be dropped and he will have the invoice ratified at the next meeting. Boomer further stated that the pump being set at 2,200 feet was the deepest setting on the planet and it worked. Boomer will also have a meeting with RBF Consulting next week regarding aquifer storage.
    
    10. Public Comment
    
    Sandra Raymaker commented that she was surprised how ill prepared the Board is and the fighting amongst themselves and mentioned that AWWA could be a good source of assistance to the District.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 5:21 p.m.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-07-07 (.pdf 27K)
  - 2009-06-16: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JUNE 16, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    June 16, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Counsel, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    
    Kenyon Leavitt offered a Prayer and Ted Miller led the pledge.
    
    Public Comment – George Benesch stated that he had left with each board member a copy of the confidential mediation brief that he prepared for a mediation to be held next Tuesday regarding the Longview River Boring contract. Also, George stated there was another document, considered public information, dated June 11, 2009 that is a letter to Trent Reber of Underground Solutions and they are seeking $188,846.55 more and want this included in the mediation so the mediation has been continued and George will need to revise the brief to include this document.
    
    Discussion:
    
    Board Comments - None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    John Paul stated that he had a question on item #2 of the consent agenda that was not extensive, but asked that it be pulled for discussion.
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below pulling item #2 off the consent agenda to be discussed separately. Bubba Smith seconded this motion.
    
    Cecil Leavitt stated that the board could discuss items without an extensive hearing and didn’t think that the item required being pulled. George Benesch stated that not knowing how extensive the discussion could be and with a motion and a second already on the floor he advised to continue with the item being pulled from the consent agenda. John Paul called for a vote and it was
    unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    3. Discussion & Action – Approve Financial Statement for April 2009
    
    4. Discussion & Action – Approve Bills Paid - $1,168,335.88
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    
    a. Pete Shields Stucco - $3,200.00 – Stucco Pump House and Wall @ Well #27
    
    b. Iron County Pipe - $5,892.80 – Steel Pipe for Aqua Guard Injection @ Well #30
    
    ** End of Consent Agenda**
    
    2. Discussion & Action – Approve Minutes from 6/2/09 Regular Board Meeting
    
    John Paul questioned page #3 and the motion of item “5 and what happens to the parameters that were set; are they recorded somewhere, etc.? Mike Winters stated that the parameters would be in the public notice. Mary stated that the parameters and policies set would be added to the District’s Rules & Regulations when updated.
    
    Bubba Smith made a motion to approve the minutes from 6/2/09 Regular Meeting. Ted Miller seconded this motion and it was unanimously carried.
    
    6. Discussion & Possible Action – Water Resource Plan Presented by Bowen, Collins &
    Associates
    
    Joel Andrus representing Bowen, Collins & Associates distributed draft copies of the “Water System Master Plan Update” dated June 2009. Joel reviewed the update with the board consisting of Population Projections; District Water Demand; Existing System Overview; Distribution System Evaluation; and Recommended Improvements. Joel stated that in his opinion the District’s system was overall excellent. The pressure zones within the system were discussed more extensively and Joel went over where corrections should be made. Joel answered questions from the board. Mike Winters stated that it would probably cost $50,000 for each PRV required to correct the high pressures and that we could use the 2008 bond money to pay for this capital improvement.
    
    7. Discussion & Possible Action – Consideration to Authorize the General Manager to Amend the Original Agreement with Bowen, Collins & Associates to Include an Additional $122,500 Change Order
    
    Mike Winters stated that the amendment was included within the board packets and was self explanatory. Ken Squires representing Bowen, Collins & Associates stated that the change order was due to the arsenic site for well #27 was moved to Hardy Way. The original contract was based on 19 months and expired in mid April and their work will go well into July going 3½ months longer than originally planned. Ken explained how they billed. Ted questioned whether the Army Corp of Engineers (ACOE) would need to approve and Mike Winters stated that they did not need to approve.
    
    Cecil Leavitt made a motion to authorize the General Manager to amend the original agreement with Bowen, Collins & Associates to include an additional $122,500 change order. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    8. Discussion & Possible Action – Consideration to Authorize Professional Services with Bulloch Brothers Engineering for Work Associated with Site Preparation for the Drilling and Development of VVWD Well No. 34
    
    Boomer reported that prior to obtaining bids for site preparation, topography of the ingress route and the well pad must be determined. He further stated that the District has a permit through the State Engineer and a BLM Right-of-Way for the well site.
    
    Bubba Smith made a motion to authorize professional services with Bulloch Brothers Engineering for work associated with site preparation for the drilling and development of VVWD Well No. 34. Kenyon Leavitt seconded this motion. Cecil Leavitt stated that motion should be amended to include an amount not to exceed. Bubba Smith amended his motion to include that the amount of this professional service agreement is not to exceed $12,000. Kenyon Leavitt seconded the amendment and the motion and amended motion was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration to Select One or More Firms to Interview with the VVWD Board of Directors from the Letters and Resumes Received Regarding RFQ 2009-01 and RFP 2009-02 for Administrative Legal Counsel
    
    John Paul began by stating that in his last e-mail to the General Manager directing him to place this item on the agenda, his intent was to consider this selection process and not have to go to a second round and have all done at this one meeting. Mike stated that he thought the intent was to look through the resumes and then the board would decide on a few firms to interview since no one representing any of the firms were present and that you would want a face to face before making any decision. John Paul stated that he didn’t seem to think that was the case and his intent was to choose a firm at this meeting. Mike stated that he wouldn’t think the board would want to hire a firm without interviewing first. Cecil Leavitt stated that he had read through the resumes submitted and he was not impressed. Cecil further stated that he felt the board should choose 3 to 5 of the group and interview them personally before making any decision. John Paul stated that he did not agree with that statement as it pertains to the qualifications and the resumes submitted, and that he was quite impressed with the resumes. Ted Miller stated that most of the board members would like to see a local attorney familiar with the City.
    
    Ted Miller made a motion to engage Bingham & Snow as the District’s Administrative Legal Counsel. John Paul seconded the motion.
    
    Kenyon Leavitt stated that we had professional services here today giving a presentation and didn’t think the board should just go off a resume. Kenyon further stated that other board members may know Bo Bingham, but that he didn’t know him from “Adam” and he would like to see him in front of them before hiring him for the District’s administrative legal counsel. John Paul stated that after looking at the paperwork submitted by Bingham & Snow that he was highly impressed with
    this firm because they had addressed each point that was listed in the Request for Proposal. Kenyon asked if we weren’t going to do a background check or anything and only go with what they responded to in a letter 100% without knowing anything about them; only that they have an office in Mesquite? Ted Miller stated that three of the board members know Bo Bingham and have done business with him in the past and know who he is and know what his reputation is. George instructed the board to stay within the parameters of the agenda item. Mike Winters stated that he agreed with Kenyon and felt that the prudent way to handle this was to conduct interviews for professional services as done with other professionals. John Paul questioned Ted if he would like to change or modify his motion after these comments.
    
    Ted Miller amended his motion to invite Bingham & Snow in at the next meeting for an interview with the board. John Paul seconded the motion. Mike Winters questioned the time for the interview and stated that at the next meeting Jori Spangler would be here at 2:00 regarding the polyethylene pipe failure. It was determined that the interview should be conducted at the public meeting at 3:00. John Paul called for a vote since a motion and a second were on the floor and the motion was unanimously carried. 5-0
    
    10. General Manager’s Report Mike had not included a written report. Mike stated that the correspondence he had set in front of the board from a legal firm representing Vidler Water Company was requesting information, records, etc. in regards to the ruling from the State Engineer in the Tule Dessert and matters related to that. Mike further stated that he didn’t know if it would be required to be put on an agenda and voted upon, but we have been asked by Lincoln County to possibly enter into an Interlocal agreement to service the Lincoln County Land Act (LCLA). Mike recommended that we send a letter to Lincoln County stating that until these matters have been resolved between Lincoln County, Vidler Water and the State Engineer that we postpone any negotiations until that time. The board directed Mike to have that letter drafted without coming back before the board as an agenda item.
    
    Mike further informed the board that Jori Spangler would be here at 2:00 for an attorney/client closed meeting before the next board meeting July 7th.
    
    Mike also stated that the arsenic plants were going well and that we were taking samples weekly and the plants were producing water with 2ppb arsenic. Mike Chandler further commented that the arsenic plants were complex and they were trying to get the plants to run automatically. Mike Winters further stated that the computers were down and that Tracy Lee had ordered the necessary supplies to get them back up.
    
    11. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that the pump was in route for well #30 and that it would take a week for installation of the pump. Boomer further stated that he has been working on well #34.
    
    12. Public Comment
    
    Morris Workman questioned what George Benesch’s role would be with the District since they were interviewing another law firm. John Paul stated that it was premature to speculate what that could be at this time. Morris continued to question the board and George stated that this item was for public comment only and not for discussion.
    
    13. Adjournment
    
    President John Paul adjourned the meeting at 4:28 p.m.
    
    The June 16, 2009 VVWD Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-06-16 (.pdf 21K)
  - 2009-06-02: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JUNE 2, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on June 2, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith arriving at 3:10 p.m. Also present were Michael Winters General Manager, George Benesch District Counsel, Erik Beyer District Engineer, Michael (Boomer) Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Cecil Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments - None
    
    President of Board Comments – John Paul stated that the State Legislation Session
    was over and he was anxious to see what accomplishments will improve our community by their session. Also, he mentioned that the general manager had distributed a notice regarding the discoloration of the water and that it had been tested and everything seemed to be in order.
    
    CONSENT AGENDA:
    
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve of Minutes from 5/21/09 Special Board Meeting
    
    3. Discussion & Action – Approve Purchase Orders Over $2,500
    
    a. Technical Services Company – Ratify $6,475.00 – Sand Separator for VVWD
    Well No. 30
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Consideration to Select RBF Consulting for Professional Services Agreement for the Aquifer Feasibility Study and Authorize the General Manager to Execute Agreement with RBF
    
    Boomer reported that five (5) firms had submitted proposals. Two of the firms were from out of state and three were within the immediate area. RBF is located in Las Vegas and Southern California. Bowen & Collins are out of Salt Lake City, UT with an office in St. George, UT and Stanley Consultants were based in Las Vegas. All firms met the requirements. Boomer stated that RBF would be the best suited for our recharge application. The rating table was included looking at where we should conduct recharging and costs associated with these tests and that RBF may find that outside funding is available. Ted questioned if we have had any other business dealings with RBF and Boomer stated that the VVWD has not, but that he has while he was working with the LVVWD. John Paul questioned how extensive the feasibility study would be and if they would be looking at above ground storage and Boomer stated that they would and went into further explanation of a current project that RBF is involved in California and that this would be part of the feasibility study. John Paul wanted to add direction to the General Manager that when the decision is made and the General Manager concludes the consulting agreement that we for sure want to look at the possibilities of surface storage. Boomer stated that this could be a task item in the agreement. John Paul further stated that the City of Mesquite may be able to provide some options and feels that whoever conducts the feasibility study should be directed to contact the City Manager and see if there is any possible way to work with them in a collaborate effort to see if they can offer anything to our feasibility study. Kenyon Leavitt questioned the time frame and Boomer stated that it would probably take up to six (6) months before the feasibility study report would be completed. Cecil Leavitt had some questions regarding the rating form that Boomer answered.
    
    Kenyon Leavitt made a motion directing the General Manager to enter into and execute an agreement with RBF Consulting to provide professional services for the Aquifer Feasibility Study and with the recommendation that the City of Mesquite be included and the City Manager be contacted to see if there is any possible way to work with them in a collaborate effort to see if they can offer anything to this feasibility study. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    5. Discussion & Possible Action – Review Options of Utilization of 188 Mesquite Irrigation Shares Available August 1, 2009
    
    Mike Winters stated that the District’s lease agreement with Legacy Construction expires August 1, 2009. Mike stated that he has spoken with Cresent Hardy of Legacy Construction and that he has stated that he would need 30 to 40 shares to water the Falcon Ridge Golf Course. Mike further stated that he has had some preliminary discussions with SNWA and that they would be willing to lease all or part of these shares at $300 per acre-foot. Mike also said that in his opinion, the more irrigation water used by the golf courses, construction and recreation, etc. is less demand on the culinary system. John Paul questioned the term of the lease with SNWA and Mike stated they were looking at two years lease with options after that. John Paul stated that it looked like we would have a back-up offer with SNWA if we could not lease out the shares as they become available. Bubba stated that he thought the parameters had already been set for leasing water from the District and these parameters were discussed. Mike explained that he had initiated talks with SNWA as a way to bring in revenues. Mike further stated that if the board so desired to go ahead with the auction and that we would bring back for auction at the last meeting of July or at the end of July. Kenyon Leavitt stated that he felt that we should go out to auction and if any shares were not leased that then we could contact SNWA. Cresent Hardy of Legacy Construction stated that he felt the Board should look at water shares and in his opinion, use locally; but if looking for money, then contact SNWA or we should be looking at reservoirs. John Paul opened the item for public comment and Kraig Hafen and Quincy Edwards offered their comments.
    
    Bubba Smith made a motion to follow the parameters already set for leasing irrigation shares and direct the General Manager to set a date for auction for the 188 shares. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Possible Action – Consideration to Review the Duties, Expectations and Responsibilities of the District’s Legal Counsel and What, if any, Action Should be Taken
    
    Mike stated that he had put this on the agenda with John Paul reluctantly agreeing to go this way in lieu of having the RFP’s and RFQ’s for Administrative Legal Counsel on this agenda. Mike explained that George Benesch has been an excellent attorney for the District for many years and that George was involved in the writing of Chapter 100 and creating the District. Mike further stated that no one has come forward with what changes that they have wanted and believes the board should outline what changes they would like to see and then see if George would want to make these changes. John Paul stated his reasons for his reluctance to have this put on the agenda because at the meeting on March 3, 2009 by a 3-2 vote the board voted to accept RFP’s and RFQ’s for Administrative Legal Counsel. John further stated that he does not find George’s services unacceptable, but he was one of the votes because he didn’t think that the job performance was not at the best, but that there was no jobs outlined. John further stated that the District received nine (9) offers for the RFQ and RFP and at the next meeting it would be put on the agenda for a new attorney to share some responsibility and we would need scope of work outlined. Cecil asked what was on the 3/3/09 agenda and John read the items and then read the item on this agenda and asked what those agenda items on 3/3 had to do with George Benesch and John Paul stated that it didn’t have anything to do with George. Bubba talked about the meeting in March and he wanted to move forward with the RFQ’s and RFP’s and then it would be easier to decide what legal counsel duties would be. Bubba further stated that George was not an employee and we should not be doing a performance review and that we should just move forward. Mike noted that he did do as the board asked regarding the RFP’s and RFQ’s for legal counsel. George Benesch thanked the board for their consideration. Kenyon Leavitt stated that the board needs to realize that we purvey water and to do this as cheaply as possible and that we need an attorney that will be able to take care of our water because that is the board’s responsibility. Ted Miller stated that he felt we should move forward and that we would need George Benesch for water issues, but maybe not for other issues.
    
    The item died for a lack of a motion.
    
    7. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that the Zee Designs still needed the board’s pictures and bio’s and would also like a message from the president. Mike further stated that we would begin to run credit cards next week and by the end of June, the website should be up and running. Mike also stated that there was something that was going to be very monumental; Lincoln County and Vidler Water Company have appealed the State Engineer’s decision regarding basin 221. George has filed a Notice of Intent to Participate and he further stated that George and Boomer would be very involved with this appeal. Mike also mentioned that we had received a telephone call from a customer and that they had green water and it appears that we had a filter break through. Water samples were taken immediately to Las Vegas to make sure the water was okay for consumption. The iron content was a little high, but there is no MCL for iron. The reservoirs were drained and flushed and it was found that there had been some malfunction with the turbidimeters and they were repaired.
    
    Mike Chandler was present and reported on the arsenic plants stating that site #31 has been operational with a 3 to 4 ppb of arsenic. Site #32 would be operating tomorrow (6/3/09) and Site #28 was operable, but the painters have been in there for the past week. The Hardy Way Site is progressing quickly and they plan to have an Open House for the public in the near future.
    
    8. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that he been reviewing the RFP’s for the Aquifer Feasibility Study. He further stated that they were working on getting equipment into the valley for well #30 and work should begin next Monday. Boomer further stated that we had received a pump and had replaced it in well #31 and it was doing well. On June 23, 2009 we will be meeting with the mediator regarding the change order from Longview Construction and their sub-contractor. Boomer then went into more detail of Lincoln County Water District and Vidler Water Company’s appeal.
    
    9. Engineer’s Report
    
    Erik had not included a written report and stated with the slowed down economy that he really had nothing to report. Erik stated that he continues to review development plans as they come in.
    10. Public Comment
    
    There was no public comment at this time.
    
    11. Adjournment
    
    President John Paul adjourned the meeting at 4:28 p.m.
    
    The June 2, 2009 VVWD Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-06-02 (.pdf 20K)
  - 2009-05-21: Board Meeting Minutes - Special Meeting
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - MAY 21, 2009
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on
    May 21, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith, arriving at 3:06 p.m. Vice-President Kenyon Leavitt was not present. Also present were Michael Winters General Manager, Michael (Boomer) Johnson Chief Hydrologist and Shannon Hardy taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:00 p.m.
    Cecil Leavitt offered a Prayer and Ted Miller led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – None
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    Cecil Leavitt made a motion to approve the consent agenda as listed below. Ted Miller seconded this motion and it was unanimously carried. 3-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve Minutes from 5/5/09 Workshop
    
    3. Discussion & Action – Approve of Minutes from 05/5/09 Regular Board Meeting
    
    4. Discussion & Action – Approve Financial Statement for March 2009
    
    5. Discussion & Action – Approve Bills Paid – 247,940.85
    
    6. Discussion & Action – Approve Purchase Orders Over $2,500
    
    A. Construction Group International - $10,924.00 – Move Generator from Well
    #30 to Well #31
    
    B. Dell Computers - $7,869.53 - Server
    
    ** End of Consent Agenda**
    
    7. Discussion & Possible Action – Public Hearing on Tentative Budget and Approval of
    Final Budget for Fiscal year Ending June 30, 2010
    
    Mike began by stating that changes were made to the budget as requested by the Board in the work session held on April 7, 2009. John Gleave has made those changes and prepared the final budget as presented. Mike stated that given the economic conditions, we will have to watch budget. Ted Miller questioned why $250,000.00 was budgeted for the calendar year for legal services. Mike explained that a large amount of the legal budget was for litigations costs concerning Vanguard Pipe. Ted Miller questioned if enough money had been included in the budget for the Arsenic Treatment. Mike explained that repairs, maintenance and chemicals are all separate in the budget. Mike also stated that the first year is covered under the warranty by the Contractor.
    
    Cecil Leavitt made a motion to approve the final budget for fiscal year ending June 30, 2010. Ted Miller seconded this motion and it was unanimously carried. 4-0
    
    8. Discussion & Possible Action – Consideration to Extend Agreement for Technical Support and Service with Xtreme Technologies for an Additional Two (2) Year Term as Allowed Per Agreement John Paul questioned the increase in cost in the contract from $16,260.00 to $17,000.00. Tracy Lee explained that there have been increases in the cost of his insurance and telecommunications. He estimated an additional increase for the second year of the contract of approximately 3 to 4%.
    
    Cecil Leavitt made a motion to extend the agreement for technical support and service with Xtreme Technologies for an additional two year term as allowed per agreement. Bubba Smith seconded this motion and it was unanimously carried. 4-0
    
    9. General Manager’s Report
    
    Mike stated that Bowen and Collins asked if they could delay the water resource report presentation until the second Board meeting in June. Mike stated that he saw no problem with them delaying the meeting so that they can make any corrections and have the best presentation possible. There was some discussion regarding Lincoln County Water District appealing the State Engineer’s ruling on Tule Desert. George Benesch and Michael Johnson will draft a letter requesting our involvement with any meeting on the Tule Desert. Mike Winters stated that 4 of the 5 Arsenic Treatments plants are in operation. Bowen and Collins along with the contractor are making the final adjustments and the plants should be in full operation within 2 to 3 weeks. Mike Chandler of Bowen and Collins stated that September 30, 2009 is the completion date set for the Hardy Way Arsenic plant.
    
    10. Hydrologist’s Report
    
    Michael had not included a written report. He handed out a memo to the Board containing a quote from Technical Service Company for the purchase of a sand separator for Well 30. The cost is $6,652.00. This will go before the Board on the June 2, 2009 meeting. He has received RFP’s for review and will decided upon at the June 2, 2009 Board meeting.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 3:50 p.m.
    
    The May 21, 2009 VVWD Speial Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-05-21 - Special Meeting (.pdf 16K)
  - 2009-05-05: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - MAY 5, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on May 5, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Counsel, Erik Beyer District Engineer, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:10 p.m.
    Bubba Smith offered a Prayer and Cecil Leavitt led the pledge.
    Public Comment – Sandra Raymaker commented on the workshop to be held and the minutes stating it would be for a “new” operations facility.
    
    Discussion: Board Comments – Bubba commented that he had read an article in the Review Journal regarding SNWA contemplating raising their rates because of less housing and thought it was a good article, but he forgot to bring copies for the other board members. Bubba further stated that Kenyon Leavitt had made a comment in an earlier meeting regarding the District’s lease agreement with Legacy Construction leasing 188 irrigation shares and that agreement coming up August 1, 2009 and that we should communicate with them sooner than later.
    
    Ted Miller commented on the District’s income and wondered about having a workshop after this fiscal year end to see if we need to do something else because of the economy and Bubba stated that we should have quarterly updates.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    John Paul wanted to pull the minutes, item 2, and also items 5 and 6 to handle separately.
    
    Bubba Smith made a motion to approve the consent agenda as listed below with items 2, 5 and 6 being pulled and handled separately. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    3. Discussion & Action – Approve Financial Statement for February 2009
    
    4. Discussion & Action – Approve Bills Paid - $1,275,628.92
    
    ** End of Consent Agenda**
    
    2. Discussion & Action – Approve Minutes from 4/21/09 Regular Meeting
    
    John Paul requested that the last line in the second paragraph on page 2 where it states “Mike apologized to the Board and the Vets, but thought that John Paul was going to send parameters for a policy, but nothing was ever received,” be stricken or corrected since he didn’t think Mike said that or meant it that way. Mike commented that he did make that statement. John said that if the sentence was not corrected or removed, he wanted a notation that he disagrees with the sentence. George asked for a point of clarification in that it must either be corrected or removed so the minutes could be completed properly.
    
    John Paul made a motion that the last sentence of paragraph 2 on page 2 of the minutes of the 4/21/09 meeting be stricken. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    John Paul stated that there were other corrections to the minutes, but after reviewing, he stated that they were questions that could be answered when the items were brought up and he requested a motion to approve the minutes.
    
    Kenyon Leavitt made a motion to approve the minutes from 4/21/09 Regular Meeting as amended. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    5. Discussion & Action – Approve Purchase Orders Over $2,500
    
    a. Cordova Construction - $4,433.00 – Ratify Construction of VVWD Well No. 30 Cement Pad
    
    John Paul began by stating that this item had a cover letter and this would become significant later and that he assumed that the General Manager’s request was to accept Cordova as the winning bid. Mike Winters explained that he had Aaron go out for three (3) bids per NRS as the amount would be under $10,000 and at least two bids are required. He further stated that the cement must be in place and capable of holding 300,000 lbs.
    
    Bubba Smith made a motion to approve purchase order to Cordova Construction for the construction of VVWD Well No. 30 cement pad for $4,433.00. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    6. Discussion & Action – Approve Changing Regularly Scheduled Board Meeting on May 19th to May 21st Held in Conjunction with Public Budget Hearing Scheduled per NRS
    
    John Paul stated that he noticed there was no back-up material for this item and after this was confirmed he stated he had no further questions on this item.
    
    Bubba Smith made a motion to approve changing the regularly scheduled board meeting on May 19th to May 21st, 2009 to be held in conjunction with the Public Budget Hearing scheduled per NRS. Ted Miller seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Establish or Amend Existing Policy
    Regarding the Waiving of All or Any Part of Fees. Consideration of Parameters or Other Requirements Needed in Order to Grant Such Relief and Whether or Not to Allow Any Payments Over a Longer Period of Time
    
    John Paul commented that there was no cover page on item 7. It was explained that there was a memo from Mike to the Board stating “Fee Policy”, but the memo did not have the item number included. Mike stated in his memo that there was actually no written policy stating that the District did not waive fees, but inserted a paragraph from the District’s enabling legislation that states the District sells and distributes water “without preference”. Mike stated that he believes previous boards’ have just followed this statement in that waiving fees could show preferential treatment. John Paul had included a few instances where other organizations had implemented a way to waive and and/or all fees. John Paul further stated that he felt that the District should look at hardship or that they are performing a community service. Bubba read the minutes from the last meeting where he stated that it would be nice to have something from staff to work from or some type of suggestions and felt that staff should have their recommendations. After being asked, Mike stated that the board is set up to set policy and he will follow their directions. Mike stated that there is no written policy and he will do whatever the board wants to do. Bubba stated that the time element was good. Bubba further stated that the public should be able to appeal to the board and we should set parameters to what the public would need to meet before they could appeal to the board. Cecil commented that since he has been on the board that they have not waived fees and that was the policy and suggested that items 7, 8 and 9 should be together.
    
    John Paul suggested for some parameters that the organization requesting a waiver of fees should be a recognized non-profit organization with the State and a bonafide contributor to the community.
    
    Ted Miller questioned if this was just not a one-time deal and how this could affect the policy. George stated that the policy could state that we would address these issues on a case by case basis. Bubba stated that he felt we needed parameters so we wouldn’t have to open up to everyone and that the City has guidelines and parameters that help them make decisions so you are not showing preferential treatment.
    
    Kenyon Leavitt made a motion that we make a policy for the Virgin Valley Water District that we look at on a case by case basis for waiving fees or extending fees over a period of time for organizations that meet non-profit organization status, that do a service to the community and is recognized as a non-profit organization by the State of Nevada. Cecil Leavitt seconded this motion.
    
    George questioned if the motion was intended to include waiving any and/or all fees.
    Kenyon Leavitt amended his motion to include any and/or all fees. Cecil seconded the
    amendment and it was unanimously carried. 5-0
    8. Discussion & Possible Action – Consideration to Waive Any or All VVWD Fees and/or Defer Payment of Fees Over a Period of Time for Mesquite Veterans Center – Requested by the Vietnam Veterans of America, Mesquite Chapter 993, Dale Hoyt
    
    Bubba stated that in our last meeting the General Manager had his recommendation and that was not included in this packet. Mike stated that his recommendation if the Board were to waive any fees would be to waive the Ordinance II fee totaling $3,300 and the transfer fee of $100 for a total of $3,400 being waived and that the veterans would pay the impact fee of $2,120 and the connection fee of $250. Kenyon mentioned paying the fees over a period of 10 years with no interest. Mike mentioned that the City of Mesquite requires that the impact fees be paid before they will issue a building permit, but Mike stated he would write a letter to the City with an explanation so this could be an exception. It was discussed a term for payment and the veteran’s thought they could handle 24 months.
    
    Ted Miller made a motion to waive the Ordinance II fee and the transfer fee totaling $3,400 and that we would take the balance of $2,370 over a 24 month payout. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    9. Discussion & Possible Action – Consideration to Develop and/or Adopt a Policy for the Donation of VVWD Funds as Budgeted Each Fiscal Year
    
    Mike stated that in our budget workshop the board set aside $5,000 for contributions for the next fiscal year. Mike had included policies from OPD, MVWD and the City of Mesquite. Mike felt that the City’s policy was very in depth and that we did not need to go to that extreme. The Overton Power District budgets $2,500 each year with 5 scholarships going to students in Moapa and 5 scholarships going to students in Mesquite. The Moapa Valley Water District budgets $1,000 each year with person(s)/organizations coming to the board on a case by case basis and if approved, receiving $100. The SNWA leaves most of the decision to the General Manager if anything is to be given to anyone or organization. Mike had recommended that since the District had budgeted $5,000 for this next fiscal year that $1,000 go to each school (VVHS, Hughes Middle School, VVES and Bowler Elementary) with the District’s direction on where the money should go. The remaining $1,000 would be for individuals who would come before the board on a case by case basis with the board deciding how much to donate.
    
    Bubba stated that he felt that it was a good idea dividing the money between different departments and not just giving the schools a $1,000 check to do with as they want.
    
    Bubba made a motion to establish a policy and that from our 2009-2010 budgeted amount of $5,000 that we give $1,000 to each of the schools and $1,000 in the general budget for the VVWD board to dictate as to which club or organization will receive donations and amount to be donated. Bubba further stated that he would be willing to take the responsibility of taking this information to the schools and getting some of those back. Bubba further stated that even though we have had our budget workshop and set aside $5,000, he felt that with board recommendation, he would bring the organization lists back from the schools and the board would be able to select how that money is to be earmarked for. Included in this motion is that every year at our first budget meeting, the board will adjust the amount that we will contribute to organizations. Kenyon Leavitt seconded this motion.
    
    Cecil questioned that with $1,000 going to each school that there was no money going
    towards scholarships; and it was determined that the board could decide to use the $1,000 in the general budget for this purpose if they so desired.
    
    John Paul called for a vote and the motion passed unanimously. 5-0
    
    10. General Manager’s Report
    
    Bubba excused himself at 4:13 having to attend the City Budget meetings.
    
    Mike had not included a written report. Mike stated that he would like to set up a work session on June 2, 2009 at 2:00 regarding an operations facility for the District and if the board would want an action item on that agenda or at the following meeting. Kenyon stated that he would like a week or so in between. Mike further stated that two of the arsenic plants had run their 7 day period and the arsenic level was down to .6. Four of the plants must be on-li9ine by May 31st and the last plant by June 30th. Mike mentioned that Boomer and he would be in Washington DC for their annual trip next week. Mike also mentioned that he was waiting to hear from ACOE and hopefully they will have amended the grant and the District could receive 6.8 million more dollars. Well No. 31 has been repaired and is back up and running. Mike also stated that he has been working on legal issues regarding the polyethylene pipe failure.
    
    11. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board and handed out the ruling that came out the 29th of April regarding Tule Desert and receiving an extra 396 acre feet per year in that basin from the State Engineer. In the ruling there is a map from the current EIS to run a pipeline from the Clovers and Eagle Valley to the LCLA that was reviewed. It was also decided to discuss the Legacy Lease Agreement at the first meeting in June. Boomer also stated that the ad for RFP’s was out and we would be accepting proposals until the 19th of this month for storage.
    
    12. Engineer’s Report
    
    Erik had not included a written report nor did he have anything extra to report at this time.
    
    13. Public Comment
    
    Sandra Raymaker commented that she was very pleased with the board establishing the policies.
    
    14. Adjournment
    
    President John Paul adjourned the meeting at 4:31 p.m.
    
    The May 5, 2009 VVWD Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-05-05 (.pdf 24K)
  - 2009-05-05: Board Meeting Minutes - Work Session
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS - WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE -MAY 5, 2009
    
    Minutes of a Work Session of the Virgin Valley Water District Board held on May 5, 2009, at the Virgin Valley Water District Office at 2:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Counsel, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    
    Discussion (No Action) – Alternatives in Servicing Water and/or Wastewater to the Lincoln County Land Act
    
    John Paul opened the meeting at 2:00 p.m. John Paul began by stating that there was some correspondence within the packets. The first is a letter from Wade Poulsen requesting a “Service Plan” with certain items to be addressed and the other correspondence was a letter received from the Mayor of Mesquite and Mike’s response to the Mayor’s letter. John Paul commented on the Mayor’s letter and Mike’s response and invited the other board member’s to comment on the Mayor’s letter. Ted Miller stated that he believed Mike did a good job in his response to the Mayor’s letter.
    
    Mike Winters stated that the purpose of this meeting is because Lincoln County Water District (LCWD) had requested RFP’s in providing utility service to the Toquop development and is asking the District if they would want to submit a proposal on what they would be willing to provide or if the District has no desire to enter into an agreement, that they would appreciate a letter stating that fact. Mike stated that the District would not sacrifice our water to service the Lincoln County Land Act (LCLA) and that LCWD must supply water to the LCLA. It would be a gallon for gallon exchange. LCWD would be able to impose taxes, fees, etc and could charge what they wanted per EDU and impact. Mike further stated that the LCLA customers would have to pay the same monthly price for water that the VVWD customers pay and that separate books would be kept keeping the difference between the VVWD and the LCWD. The LCWD does have water in Basin 221 and are looking at other areas as the Clovers, etc. Mike further commented that their request was also for wastewater and that he was not the greatest fan of wastewater, but if the board so desired, we would do what the board felt we should. Mike also stated that the District could also look at storage fees and transmission fees, but that these would be minimal.
    
    Cecil Leavitt commented that Wade Poulsen, LCWD General Manager was present and that we should hear from him. Wade stated that they were looking for the best plan to service that area. The Toquop area or LCLA is 13,300 acres of land that was acquired from the Federal Government and the power plant is not included in the LCLA. Wade further explained how the LCWD was formed. The options to service the area as they see is the VVWD, a private operator or to create a GID. LCWD is looking at what the VVWD Board is willing to do, their stipulations and the extent of their willingness to go forward.
    
    Mike questioned the time frame that LCWD would be able to get water out of the
    Clovers and it was stated that it would be 7 to 10 years, if not even longer. There was further discussion regarding the developers and where they stand and if they would be willing to turn over the water rights to the VVWD to service the LCLA. George Benesch brought up the fact of terminating the agreement and that once you are servicing customers, you cannot just shut them off. There were further questions regarding infrastructure; Vidler Water Company and their role with the LCWD; arsenic, if their water has arsenic, if it would be treated before the VVWD received this water and some political aspects of this development.
    
    President John Paul adjourned the meeting at 3:09 p.m.
    
    The May 5, 2009 VVWD Special Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-05-05 - Work Session (.pdf 16K)
  - 2009-04-07: Board Meeting Minutes - Budget Work Session
    VIRGIN VALLEY WATER DISTRICT
    BOARD OF DIRECTORS
    BUDGET WORK SESSION
    VIRGIN VALLEY WATER DISTRICT OFFICE - APRIL 7, 2009
    
    Minutes of a Budget Work Session of the Virgin Valley Water District Board held on April 7, 2009, at the Virgin Valley Water District Office at 1:00 p.m. Attending were President John Paul, Secretary-Treasurer Cecil Leavitt, Vice-President Kenyon Leavitt and Board Member Robert “Bubba” Smith. Board Member Ted Miller was not present. Also present were Michael Winters General Manager, George Benesch District Council, John Gleave District CFO and Mary Johnson taking minutes.
    
    President John Paul called the meeting to order at 1:00 p.m.
    
    Mike Winters stated that in the past we have gone through the budget item by item. If this is how the board wanted to proceed we could do this or if the board had certain questions that these could be answered as asked. Mike began by reviewing the budget summary.
    
    John Paul asked quite a few questions on certain items contained within the budget and was given satisfactory answers.
    
    Mike stated that he had included money for a new building since several of the contractors had contacted him with their concerns that no action was taken on this item when it was on the agenda and would like the board to vote that no action or building would occur or to pick a contractor and have the board work with them in maybe getting a smaller building at a lower price. It was decided that this would be put back on a future agenda for discussion and action.
    
    Kenyon questioned that no new employee was budgeted for and with arsenic coming on that we may decide that we will require more help. It was decided to add an additional full-time employee to the budget and also one more part-time employee to the budget.
    
    Mary mentioned that the board had requested, at a meeting in November, that the VVWD budget for sponsorships or contributions to the community. It was discussed how the City handles this and it was decided to add $5,000 to the budget for this matter. The District will let the public know that it has this amount of money to contribute and persons and/or organizations can send application to the District for their desire to obtain funds and the Board will decide where they would like the money budgeted to go.
    
    John Gleave went over revenues projected and his thoughts on the budget.
    
    President John Paul closed the meeting at 2:08 p.m.
    
    The April 7, 2009 VVWD Budget Work Session Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-04-07 - Budget Work Session (.pdf 12K)
  - 2009-04-07: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - APRIL 7, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    April 7, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Member Robert “Bubba” Smith. Board Member Ted Miller was not present. Also present were Michael Winters General Manager, George Benesch District Council, Erik Beyer District Engineer and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:00 p.m.
    - Bubba Smith offered a Prayer and Kenyon Leavitt led the pledge.
    - Public Comment – There was no public comment at this time.
    - Discussion: Board Comments - None
    - President of Board Comments - None
    CONSENT AGENDA:
    
    John Paul stated that District Council had suggested that item “9” be heard before item “8”. Bubba Smith made a motion to approve the consent agenda as listed below with the change to the agenda of hearing item 9 before item 8. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    1. Discussion & Action - Approve Agenda – Item 9 to be heard before item 8
    2. Discussion & Action – Approve Minutes from 3/11/09 Special Board Meeting
    3. Discussion & Action – Approve Minutes from 3/17/09 Regular Board Meeting
    4. Discussion & Action – Approve Bills Paid - $1,339,335.79
    5. Discussion & Action – Approve Purchase Orders Over $2,500
      
      Nickerson Company, Inc. - $19,959.00 – Aurora 411 – 6x8x20 Split Ease Pump 250 HP Motor and Coupler for Well #33
      
      Wonderware West - $12,658.00 – Upgrade SCADA System
      
      Lincoln County - $30,981.80 – Out of County Transfer fees for Permit
      Numbers 67729 & 67730
      
      ** End of Consent Agenda**
    6. Discussion & Possible Action – Consideration to Waive all VVWD Fees for Mesquite Veterans Center – Requested by the Vietnam Veterans of America, Mesquite Chapter 993, Dale Hoyt
      
      Mike stated that Mr. Hoyt’s letter was based on the Ordinance II fees set at $8,700 per EDU and that has since been changed back to $3,300 per EDU so the actual cost would be $5,770 for a ¾” meter hook-up in lieu of the stated amount of $11,400. John Paul stated that the Mesquite Vets Center is worthy to support and would be built by donations and grants. Bubba stated that the City has provided the land for this project with motivation to create a place so they wouldn’t have to travel. Kenyon asked who would be next and was not certain if we want to set precedence of waiving fees regardless that it is a good cause. Also, someone has to pick up that $5,770 and that would be the rate payers and the District has not budgeted for this. Bubba further stated that the City had set up some parameters for the Vets to meet and that they were not just getting everything for free, but he did not bring those parameters with him and was not sure what all they were. Cecil thought at one time he had spoken with Dale Hoyt and they have donations coming in and partial commitments for the construction of the building and monthly bills. George stated that Kenyon had a valid point and maybe not act on this item today but bring back to the board for a policy for waiving fees. Kenyon stated that policy has always been “no waiving of fees” and questioned whether we could defer costs by the Vets making payments in lieu of payment all at once.
      
      Dale Hoyt arrived at 3:15 and stated that the Vets wanted to open a Veteran’s Center that would be located off Hafen Lane, and that there is no other Vets service organization within 100 miles of Mesquite with the closest being in Las Vegas. Dale further stated that the money for the facility would be coming from grants and loans like the VA and USDA and that the hook-up fees were extra and that they cannot afford and it could mean that these fees may eliminate getting a Vet’s Center. Dale also mentioned that they are involving other organizations as the VFW and the American Legion and all their efforts are strictly on a volunteer basis. Mike asked who would own the building and was informed that the Vet’s would. Kenyon informed Mr. Hoyt of his previous concerns and his hesitancy of waiving all fees, but that costs could possibly be
      deferred and paid over time. Mr. Hoyt stated that this organization was a 501C3. George Benesch called for a point of order stating that the agenda states waiving “all fees”. John Paul questioned if this could be put on another agenda with different options.
      
      Cecil Leavitt made a motion to table this item until the next regular scheduled
      meeting and that we place on that agenda item the parameters of contribution expressed to establish our policy; also then to declare whether this is an acceptable policy that this will fit within the parameters that we establish and then vote on it at that time.
      
      There was further discussion on the wording of the agenda item to make sure it was broad enough to include different parameters. John Paul stopped the discussion stating that there was a motion on the table with no second.
      
      Kenyon Leavitt seconded this motion.
      
      George asked by point of discussion if the board wanted to include in the motion parameters and alternatives because there might be alternatives outside the parameters if we limit waiving these kind of fees. George further stated that an alternative may include splitting the difference of these fees.
      
      Cecil Leavitt amended his motion to include alternatives outside the parameters.
      
      Kenyon Leavitt seconded the amendment. John Paul called for a vote on the motion and amended motion and they were unanimously carried. 4-0
    7. Discussion & Possible Action – Consideration to Award Contract and Notice to Proceed for Well #27 Access Road and Site Preparation to the Lowest Responsible Bidder in the Best Interest of the Virgin Valley Water District
      
      Mike stated that bids were opened on March 30th with Longview Construction coming in with the low bid of $50,213.20. Mike further stated that this project will allow equipment on the property in case we needed to work on the well. Bubba questioned this company and history of the low bid and then coming in with change orders. Mike stated that this contractor was used on the
      Directional Drilling at the Bunkerville Bridge and they did come in with a large change order, but that the engineers have reviewed these bids and Longview submitted all the correct paperwork with their bid and if there were a change order it would have to come before the board. John Paul stated that he was quite gun shy of this company but was inclined to give them a second chance or last chance. Kenyon stated that he was pretty much of the same opinion but willing to give another chance, but if they come in with another change order he would not vote to approve Longview for another project.
      
      Cecil Leavitt made a motion to award contract and Notice to Proceed for Well #27 Access Road and Site Preparation to Longview Construction in the amount not to exceed $50,213.20. Bubba Smith seconded this motion and it was unanimously carried. 4-0
    8. Discussion & Possible Action – Consideration to Authorize Staff to Prepare Specifications and Bid Documents for the Drilling and Development of VVWD Well No. 34
      
      Boomer is not present due to speaking at the AWWA Conference in San Jose. Mike stated that well 34 would be used in case something happened to well #33 that pumps 2,200 gpm. We’re hoping that we would have no problems, but just in case. Boomer had included memos for this item and item 8 stating that the water right permit has been obtained from the Nevada Division of Water Resources and that the right-of-way grant for the well site has been obtained from the BLM Ely Field Office. Boomer further stated in his memos that well #34 will be located on a 4-acre site, approximately 0.95 miles north of the existing VVWD Well No. 32 site in Lincoln County. The well will provide additional back up for filling the 6 million gallon storage tanks needed to support the distribution system for peak summer demand. There will be a mandatory pre-bid conducted so that all contractors are aware of existing conditions prior to the bid opening. The contractor must be a licensed Nevada contractor capable of completing a minimum of 51% of the required work to be
      awarded the drilling contract. Upon opening of the contract, the recommendation to award the contract will be brought back to the VVWD Board for execution of the contract documents.
      
      Kenyon Leavitt made a motion to authorize staff to prepare specifications and bid documents for the drilling and development of VVWD Well No. 34. Bubba Smith seconded this motion and it was unanimously carried. 4-0
    9. Discussion & Possible Action – Consideration to Authorize Staff to Obtain Bids for Site Preparation Associated with the Drilling and Development of VVWD Well No. 34
      
      Mike informed the board, along with the memo Boomer had attached, that we will need to be able to get to the site and that there is only a 4-wheeler trail right now.
      
      Bubba Smith made a motion to authorize staff to obtain bids for site preparation associated with the drilling and development of VVWD Well No. 34. Kenyon Leavitt seconded this motion and it was unanimously carried. 4-0
    10. General Manager’s Report
      
      Mike had not included a written report. Mike informed the board that the arsenic plants were nearing completion and that site #28 should be on-line April 23rd with site #29 a couple days later and that by the end of April, all four arsenic treatment plants should be running. Mike also stated that we were planning an “open house” and dedication when the plants start up. Mike further informed the board that he had received a telephone call this morning from
      Clark County Health and they informed him that someone is dying of arsenic poisoning in Mesquite. The Clark County Health Department will be speaking with this customer. George mentioned that we have had conversations with EPA regarding our violation of arsenic and being fined, but we are ahead of schedule for this to happen.
    11. Hydrologist’s Report
      
      Michael had not included a written report nor was he present due to speaking at the AWWA Conference in San Jose on developing wells.
    12. Engineer’s Report
      
      Erik had not included a written report. He informed the board that he was impressed with Kevin Amen, District Inspector, and that Kevin was very conscientious out in the field. Erik also mentioned conservation since it was that time again and that he had reviewed the District’s first three months of water usage and that we are still down in the low acre-foot per unit; using only half of that. Erik further stated that the State keeps a close watch of water conservation.
    13. Public Comment
      
      There was no public comment at this time.
    14. Adjournment
      
      President John Paul adjourned the meeting at 3:59 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-04-07 (.pdf 24K)
  - 2009-04-21: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - APRIL 21, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    April 21, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Counsel, Michael (Boomer) Johnson Chief Hydrologist, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    
    President John Paul called the meeting to order at 3:01 p.m.
    Cecil Leavitt offered a Prayer and Kenyon Leavitt led the pledge.
    Public Comment – There was no public comment at this time.
    
    Discussion: Board Comments – Bubba mentioned the meeting held with a couple of the District’s Board Members and staff with Lincoln County Representatives and wondered if there was going to be any report given on that meeting. Mike Winters stated that as part of his report he was going to update the board.
    
    President of Board Comments – John Paul stated that he would like to apologize for missing the April 20th meeting of the Mesquite Irrigation Company at 2:00 and thanked Boomer for attending.
    
    CONSENT AGENDA:
    
    Bubba Smith made a motion to approve the consent agenda as listed below. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    
    1. Discussion & Action - Approve Agenda
    
    2. Discussion & Action – Approve of Minutes from 04/7/08 Budget Work Session &
    Regular Board Meeting
    
    3. Discussion & Action – Approve Bills Paid - $690,579.37
    
    ** End of Consent Agenda**
    
    4. Discussion & Possible Action – Consideration to Waive Any or All Fees and/or Defer
    Payment of Any Said Fees Over a Period of Time for Mesquite Veterans Center –
    Requested by the Vietnam Veterans of America, Mesquite Chapter 993, Dale Hoyt
    
    John Paul stated that before we got started on this item that he had sort of constructed this item, but it was not how he thought it was going to appear. He had forwarded his recommendation as a direction to be listed on the agenda and his first item was to establish a policy regarding waiving fees and the second item was the request of the Veterans of America Mesquite Chapter 993 and that he was disappointed that we were not here to establish a policy and would like to know why it was put on the agenda this way. Mike Winters stated that he had reviewed what the chairman had submitted and that it didn’t make sense to him. Mike further stated that the policy of the District is that we do not waive fees; the Vets are asking for fees to be waived and not asking for a charitable donation so this is why it was constructed as it was. Mike then stated that the policy for contributions will be at our first meeting in May, but to waive fees must be done on a case by case basis and he will have information to set policy on this at this next meeting. John Paul then questioned why the District’s current policy was not included in the back-up where we do not waive fees and feels that this is not ready to be considered today without setting a policy first.
    
    Kenyon Leavitt questioned the chairman as to why we need a policy waiving fees if we are in the business of selling of water. Bubba then questioned that if the District already has a policy in place and that we do not waive fees, where was this policy? Bubba further stated that if the Board would ever consider waiving fees that there needs to be criteria that the board would base hearing each case on. Kenyon stated that paying over a period of time is not waiving the fees, but giving them more time to pay the fees. Cecil asked the board to look at the minutes that were approved and read the motion and the amended motion and that the item was not presented on the agenda as stated in his motion to have parameters of contribution expressed to establish policy. Cecil further stated that item #4 on the agenda should be as it was presented at our last meeting with a policy needing to be established and the item for the Vets would be an entirely different item.
    
    Cecil Leavitt made a motion to table this item until we have the parameters set and have the policy there that we can establish if there is going to be a change on the policy, what it is and what the parameters would be and then move forward and the number one item after that would be the Veteran’s request.
    
    Bubba stated that he agreed with Board member Cecil Leavitt’s comments and that we do need to move forward and hopefully that this is still broad enough that we discuss parameters, making changes we want to make; whatever staff provides us, it doesn’t have to be set in stone so don’t be afraid of providing whatever you have but make the agenda item broad enough that we can discuss and maybe set different parameters, etc and need to establish a policy.
    
    With that Bubba Smith seconded this motion and it was unanimously carried. 5-0
    
    After motion passed Mike Winters asked for clarification and asked chairman, John Paul if he was going to write the parameters and submit them to Mary and John Paul concurred that he would be happy to do so. Also, a member of the Veteran’s group brought forward some materials for Mr. Paul who will be writing the parameters that regard ordinances that do waive fees to non-profit organizations under similar situations.
    
    5. Discussion & Possible Action – Consideration to Select a Contractor to Negotiate the Construction of a New Administration and Maintenance Facility to be Constructed in Either Mesquite and/or Bunkerville
    
    Mike Winters stated that after the last time this item had been heard, Mike heard from the contractors wanting to know if there was a “yes” or “no” and want to know one way or the other if the board was going to build. John Paul read the agenda item aloud. Mike further stated that when we first began this project that we were looking to build out for the next 25 years and maybe we should just build out for the next 10 years and not make the building so large.
    
    Kenyon commented that he had found out some information that he did not know before about taking the bond money and paying it off or down. He has learned that there is not much savings in that and we would still have to pay the interest on the bonds whether we pay off today or twenty years from now. John Gleave explained how the process would work if you tried to pay down the bond and that you could not prepay. John Paul stated that he thought we should bring the bond representatives back and wondered if it would change our rating. Bubba asked about the SRF Loan, which is the 2003 Bond for $4 million. George asked the chairman to bring the discussion back within the agenda item. Bubba stated that we did not go forward with this item the last time because of the economic downturn and that we need to be able to discuss financing etc. for this project. Ted stated that before we could do anything that we needed to finish up with arsenic. Cecil Leavitt stated that the agenda item is to consider the selection of a contractor and not to build a building right now. Mike Winters questioned agenda items and whether they are too broad or not broad enough. Kenyon stated that he was sick of this item coming back and back. George stated that the way the agenda item reads the board can either select a contractor or kill it. Kenyon stated that he had a problem just killing the item because we have already incurred the debt with the 2008 bond and we have to pay it back so we need to determine whether we are going to get something out of the money or just pay it back.
    
    John Paul opened the item for public comment and Larry Swensen stated that the board should pick a contractor according to the agenda item and that you could discuss at a later date the site and building and how you want it.
    
    Kenyon Leavitt questioned what staff’s recommendation is for a contractor and Mike stated he has not recommended a contractor and will not, because it would be perceived as preferential treatment.
    
    Item “5” died for a lack of a motion.
    
    Kenyon stated that somehow the board needed to decide on what we are going to do, but we need to be able to discuss all options, not just the building, but with the bond money and what other options we have with the money. Bubba further stated that this item needs to have public input and discussed further with all available options and suggested that a workshop forum be held with representatives from the bond, our CFO/financial advisers where we can analyze our income to debt ratio; how can we eliminate debt, etc. and directed staff to have a workshop where we can all discuss different items and parameters.
    
    6. Discussion & Possible Action – Consideration to Issue Request for Proposal for Professional Services by the Virgin Valley Water District to Develop an Artificial Recharge Feasibility Study to Utilize Virgin River Surface Water
    
    Boomer informed the board that the District had previously entered into an agreement with SNWA regarding acquisition and use of Virgin River water within the lower Virgin River Hydrographic Basin 222. This agreement allowed SNWA to purchase Virgin River water rights from Bunkerville and Mesquite Irrigation Companies with a priority date of pre-1929. In exchange, the VVWD received 5,000 acre feet of 1989 priority permitted surface water issued to SNWA in 1994. This surface water is seasonal from October 1 through May 30 of each year and is currently unused. One option available to the VVWD is to evaluate the potential of artificial recharge into the groundwater aquifer and store the unused permitted water underground to minimize evaporative loss. The recharged water can then be recovered at a later date. Artificial recharge programs of this type have been conducted in the southwestern United States since the 1960’ and many issues associated with the artificial recharge need to be evaluated to determine the feasibility of the potential project. The District budgeted $50,000 under the current budget ending 6/30/09 for professional services with the USGS. This RFP is to develop an artificial recharge feasibility study for banking surface water associated with the Virgin River for future use for review by the Board of Directors. Upon review of the RFP and selection of the firm for conducting the feasibility study the approval of the agreement will be brought back to the Board of Directors for approval.
    
    Kenyon Leavitt stated that this might be one of the areas that we may want to use our bond money on. Bubba questioned if $50,000 was enough to get the study completed and Boomer stated that this would just initiate the project and there would be more phases to this project and that it could be years before completed. Bubba questioned if this would be part of the District’s Master Plan and Mike Chandler with Bowen & Collins stated that they were about ready to report on the plan and this would work in conjunction with the District’s Master Plan. Kenyon asked and was informed that we did budget another $50,000 for fiscal year ending 6/30/10.
    
    Kenyon Leavitt made a motion to issue a Request for Proposal for professional services by the Virgin Valley Water District to Develop an Artificial Recharge Feasibility Study to utilize Virgin River surface water. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    7. Discussion & Possible Action – Consideration to Authorize the General Manager to Execute the Amendment to the Purchase Agreement for 5 Acres of Land Adjacent to the Virgin River on Clark County Assessor Parcel 034-00-001-013 Owned by Virgin River 140, LLC for Installation of a Ranney Collector Well
    
    Boomer informed the Board that on May 15, 2008 the VVWD Board of Directors approved the purchase of 5 acres of land adjacent to the Virgin River downstream of the Riverside Bridge owned by the Virgin River 140, LLC in the amount not to exceed $236,000. The purchase agreement effective date was 8/1/08 and was fully executed on 8/4/08. The District opened an the plate map as part of the parceling process associated with Clark County. Initially the purchase of the property was anticipated to close within 90 days of execution, but because of the approval process and the addition of a drainage study as required of the parceling process, the closing deadline was not obtained. Under the amendment, the closing date is extended to May 15, 2009 and in the event that the closing date is not met, an extension to September 30, 2009 is included as a provision in the amendment. The original purchase price of $236,000 remains unchanged under the terms of the amendment to the purchase agreement.
    
    Kenyon Leavitt made a motion authorizing the General Manager to execute the amendment to the purchase agreement for 5 acres of land adjacent to the Virgin River on Clark County Assessor Parcel 034-00-001-013 owned by Virgin River 140, LLC for installation of a Ranney Collector Well. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    
    8. General Manager’s Report
    
    Mike had not included a written report. Mike informed the board that he, Boomer, Ted Miller and John Paul had met with representatives of the Lincoln County Water District (LCWD) to discuss generalities of servicing the Lincoln County Land Act (LCLA) and that the LCWD General Manager, Wade Poulsen was present. Mike further stated that this would be put on the agenda for the first meeting in May to discuss if the VVWD would be interested in helping the LCLA, the years you would be willing to assist; and if you’d want to include wastewater. The LCWD sent out an RFP for a private developer to service culinary water and the wastewater. The LCWD would like the VVWD to come to their 7/15 meeting and discuss if and how they would like to assist the LCLA. It was questioned why the District would want to get involved with wastewater when we do not currently handle this and the City does. City Manager Tim Hacker spoke stating that since he has been with the City for the past 3 years they have met with Lincoln County quite often with the occurrence of meetings having slowed due to the failing economy; but that they have had discussions regarding sewer and emergency services, etc. Tim further stated that the City is being cautious as they proceed and they will not do anything at the expense of the Mesquite taxpayers. Wade Poulsen stated that he was the newly appointed General Manager of the LCWD having served as a Lincoln County Commissioner for four years prior to becoming the GM. Wade stated that the LCWD has no money or growth to get the LCLA up and running. They have no water rates nor do they have any customers. They do have some groundwater and are trying to develop that. There are three other water companies in Lincoln County (Alamo, Panaca and Pioche), but none part of the LCWD. Wade explained what they were trying to do to decide on what direction they need to go. Mike Winters stated that he would like to have a workshop with Lincoln County at 2:00 before the next regularly scheduled meeting.
    
    Mike continued stating that the work on the arsenic treatment plants was coming along and that four of the plants would be completed by May and that the Hardy Way site was going very well and that there has been less than 1.5% in change orders. Mike Chandler stated that well #28 site was running and removing arsenic. It would run for seven days-24 hours per day and that after the seven day test VVWD would take over. They are planning on starting Well #29 site on Thursday and Well #31 and #32 sites would start next week.
    
    9. Hydrologist’s Report
    
    Michael had not included a written report. He informed the board that he attended a conference in Santa Clara and gave a presentation on well #30. He also stated that he has been working on the contract specs for well #34 and the RFP on today’s agenda. Boomer further stated that there was an issue with well #31 in that the upper bearing is going out and that we will pull the motor one night and have repaired and back in service a day later.
    
    10. Engineer’s Report Erik had not included a written report nor was he present.
    
    11. Public Comment
    
    There was no public comment at this time.
    
    12. Adjournment
    
    President John Paul adjourned the meeting at 4:53 p.m.
    
    The April 21, 2009 VVWD Board Meeting Minutes are available for download.
    
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-04-21 (.pdf 24K)
  - 2009-03-17: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - MARCH 17, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    March 17, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were
    President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Council, Michael “Boomer” Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:01 p.m.
    - Bubba Smith offered a Prayer and Kenyon Leavitt led the pledge.
    - Public Comment – There was no public comment at this time.
    Discussion: Board Comments – Ted Miller questioned the GM when the last rate increase took effect and when he thought we would have another increase; which Mike stated that our last increase took effect in February of this year and that we would look at it in another year or so and see if we needed to increase because of arsenic.
    
    President of Board Comments - None
    
    CONSENT AGENDA:
    
    John Paul questioned payments to Jimmie Hughes and where we made our Lonetti payment and he was informed that was through the 2006 Bond. Kenyon questioned the Hazmat Fees for each arsenic site.
    
    Cecil Leavitt made a motion to approve the consent agenda as listed below. Kenyon
    Leavitt seconded this motion and it was unanimously carried. 5-0
    1. Discussion & Action - Approve Agenda
    2. Discussion & Action – Approve Financial Statement for January 2009
    3. Discussion & Action – Approve Bills Paid - $830,358.47
    4. Discussion & Action – Approve Purchase Orders Over $2,500
      a. State Fire Marshall - $13,900.00 – Hazmat Permitting Storage Fees
      ** End of Consent Agenda**
    5. Discussion & Possible Action – Consideration to Repeal and/or Make Adjustments to What the District will Assess as Ordinance II Fees for New Construction
      
      John Paul began by disclosing that he has a family trust that he is the surviving
      beneficiary and that this trust has positions in Pulte. Mike Winters stated that it was up to the board to decide if they wanted to continue to purchase water. Mike informed the board again that when Dixie Leavitt sold water shares to SNWA for $3,300 per acre-foot that the District increased their Ordinance II fees from $912 to $3,300 or the fair market value and that did not stop growth. Mike further stated that many developers pre-paid Ordinance II fees for $912 an acre-foot before the increase took effect and that these prepaid fees have not been constructed as of yet. Mike further explained that the Ordinance II account was a restricted account and could not be used for operation and maintenance, salaries or capital improvement projects, etc. It is to be used to purchase water and we must also pay the 2006 Bond and Jimmie Hughes monthly and must meet this obligation.
      
      Cecil commented that the Ordinance II fee was charged in lieu of the developer bringing water. If the developers don’t want to pay the fee then bring the water and they will be paying that much to obtain the water. The District cannot buy water any cheaper than that price and knows that this is a large amount of money, but growth should pay for itself.
      
      Mike stated that when the District first put Ordinance II together, we were requiring that the developer bring the water, but the people who held the shares felt that we were forcing them to sell and then the board at that time decided they could bring money in lieu of water. Mike further informed the board that the City of Mesquite has adopted the UPC and if a home meets a
      certain fixture count, that home must upgrade to a 1” meter in lieu of a ¾” meter making them go from 1 EDU to 2 EDU’s.
      
      George stated that when the money came in that there was no groundwater to purchase and the surface water was sold in shares and not by EDU’s and it was unfair for someone building one home to purchase an entire share to dedicate 1 EDU to the District for Ordinance II. George further advised the board to look at Ordinance II because this was a major policy and if they amended anything this would affect Ordinance II.
      
      Bubba agreed with George and stated that the District needed to review Ordinance II and that the board would probably need a couple months to decide on what they wanted to do. Bubba also questioned the EDU and what actual amount of water is being used; ground water vs. surface water; the deal with SNWA; and that we don’t blend or can we afford to use surface for culinary and that we don’t want to get to the point where we price developers out of business.
      
      John Paul stated that if they did take the Ordinance II fee back to the $3,300 that he wasn’t sure that they would want to leave it at that amount and when we review Ordinance II that this may change again. John further questioned if we could look at one (1) EDU for a residence even if they meet a certain fixture count and need to move up to a 1”, but keep it only at one EDU. Mike stated that the State Engineer requires one-acre foot of water per residential
      home.
      
      Mike further stated that the groundwater permits are decided by the State Engineer and the USGS and they will decide whether the District will be given more water permitted in the basin. Mike stated that growth will depend on the City and the County and we also need to look at our neighbors to the north for the Lincoln County Land Act and that we are in the water business and need water for future growth. John Paul questioned the cost to treat the surface water. Kenyon stated that we purchased groundwater from Lonetti for $15,000 an a/f and we are purchasing and charging $8,700 a/f so the developers are getting a deal. Kenyon further stated that growth pays for itself and how can they ask us to reduce our fee when that is what we are buying it for. Cecil commented that growth should pay for itself and if the developer can bring in water cheaper, then they should bring the water. Ted Miller stated that the country was in a severe economic downturn and hard to pay these fees and feels that we should roll back the fee before it was increased to $8,700. Bubba had questions regarding the USGS and the State Engineer and Boomer explained the process and how it works to prove that there is more water
      available than permitted.
      
      John Paul opened the item to the public. Morris Workman questioned the applications for groundwater and EDU’s. Robert Bunker stated that if people are forced to sell their water and the District will not purchase at the current market value, the water will leave the valley and people will sell elsewhere to get the most money. Quincy Edwards questioned if a feasibility study had been done. Cecil stated that we should work with other entities and doesn’t want
      growth to stop, but growth needs to pay for itself and we should have a workshop. Bubba questioned that since this was an Ordinance and if we changed something wouldn’t this need to come back to the board? George stated that the way the agenda was structured that the board could repeal or amend the amount charged, but that will have real inconsistencies within the
      actual Ordinance since you are not charging the fair market value and that the ordinance would need to come back before the board for amendment.
      
      Bubba Smith made a motion to set the price for Ordinance II fees at $3,300 and then any other recommendations that staff may have. Ted Miller seconded this motion. Bubba stated that we would need to revisit this and just when it was convenient, but with no date certain. John Paul questioned motion and asked if this meant from this date forward. Bubba Smith amended his motion to include the price of $3,300 was to be charged from this date forward. Ted Miller seconded this motion and it was passed by a vote of 3-2 with Cecil Leavitt and Kenyon Leavitt opposed.
    6. Discussion & Possible Action – Consideration to Select a Contractor and Site to Construct a New Administration and Operations Facility
      
      Mike began by stating that the board had heard presentations from three contractors at the March 11, 2009 special meeting and since that meeting, with the new stimulus package, that the District will receive close to another $4 million for arsenic from the ACOE. The District also received an additional 1.3 million from the State. With these additional grants Mike feels that we have the money in the bond and can afford to construct the facility and that this is the time to do it.
      
      John Paul stated that we could apply the extra bond money to the 2006 Bond and Mike cautioned that if we do use bond money to pay debt and then try to build later, the interest rate would not be as cheap as it is now. Ted feels that we can use the bond money to reduce debt and the financial statement doesn’t justify it. John Paul thinks that we should move the maintenance and equipment to the Bunkerville site. John opened to the public and there was no comment at this time. John further questioned if there were any limits or time frame when we could bring this back. Kenyon stated that he understands that we need more space, but finds it hard to bite off four to five million when we can pay bond off. Bubba stated that this was a tough decision and it was tempting to construct now with the prices so low, but feels that it is not prudent to do so now. Barry Zeller questioned the timing and the economy from when the board started this process and that the contractors spent a lot of money and time on the project and questioned why the board sent them down this road and it was unfair. Dean Kilmer thought the board was going to choose a contractor and Brad Harold had questions regarding the grant money. Morris Workman asked if the money was in the bank and if so wouldn’t you just be paying debt with debt and you would still have to make payments on the bond whether you built a building or not. Larry Swenson wanted to point out to the board that they could build a building and pay off debt since the building
      costs were under half of what the District bonded for.
      
      The item died for a lack of a motion.
    7. Discussion & Possible Action – Consideration to Appoint the Board Chairman or a Designated Person to Vote Mesquite and Bunkerville Irrigation Shares at Their Annual Meetings
      
      John Paul stated that he had no objection to attending and being the designated person to vote the District’s irrigation shares at the annual meetings.
      
      Bubba Smith made a motion to appoint the Board Chairman, John Paul, to vote the District’s Mesquite and Bunkerville Irrigation Shares at their annual meetings. Kenyon Leavitt seconded this motion and it was unanimously carried. 5-0
    8. Discussion & Possible Action – Performance Evaluation of Michael Johnson, Chief Hydrologist, Including, but not Limited to, Salary Increase, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, or ‘No Action’
      
      Boomer stated that as far as activities this year that the District had acquired more water this year than in any other and that there have been no major issues. Ted questioned the expense in January 2008 for $210,000 in hydrology. It was explained that we received $210,000 from SNWA for money spent on Half-Way Wash, but that we did not budge the expense side of that even though it was reimbursed from SNWA. Ted further stated that he felt they should receive only what the employees were given. Kenyon Leavitt asked about the Ranney collector, where we were at and what the next year’s prognosis looked like with hydrology. Boomer stated that the project was still
      called “Half-Way Wash” even though it was at “Riverside” now and this would happen this fall and he is working with the Bureau of Reclamation for grant money. Boomer further stated that the HMMP should be completed and approved within the next couple months and that we will drill well
      #34, but with growth at a standstill we won’t have to equip the well right away. Boomer also stated that he was working on a recharge program and finalizing the groundwater module.
      
      Kenyon Leavitt made a motion to retain Michael Johnson for another year with a .5%increase. Ted Miller seconded this motion and it was unanimously carried. 5-0
    9. Discussion & Possible Action – Performance Evaluation of Michael Winters, General Manager, Including, but not Limited to, Salary Increase, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, or ‘No Action’
      
      Mike stated that he felt that he and staff had done a good job this past year. He mentioned the purchase of the water, arsenic and having less than 1.5% in change orders on this project, and the millions of dollars he brought in from grants for arsenic. Mike further stated that there were other projects on the horizon that would keep rates the same if not lower them and that he could do a better job, but feels he has come a long way since his last evaluation and that he enjoys working for the District and would like to continue doing so.
      
      Ted questioned the budget and why the repairs and maintenance expenses were so high. Mike explained that line breaks cannot be budgeted for and if a line breaks you have to repair. Ted stated that overall expenses were up 2% and felt that was pretty good. Another red flag was our “other income” and Ted stated to keep a sharp eye on it. Mike stated that we were looking at
      expenses and that we were not boring under the freeway because of the economy.
      
      John Paul stated that Mike needed to apply more diligently to work in office and administration, but had no problem with his job regarding water delivery. John thought Mike needed to work on his management skills in policy and procedures.
      
      Cecil commented that this evaluation was for Mike’s performance in the last year and that he has been impressed with the way things have been handled. He knows that there has been some questions regarding some water purchases, but felt that Mike did exactly what he was instructed to
      do. Cecil further stated that his allegiance to Mike is because he feels that he does a good job and would recommend that he be retained.
      
      Kenyon Leavitt stated that it was important to show that the District is doing more for less especially with manpower and that all of us have room for improvement. He also said that Mike’s job was difficult with five board members and all wanting different things.
      
      Boomer commented that Mike was a pivotal player in teamwork from what he has seen from 1992 to today.
      
      Kenyon Leavitt made a motion to retain Michael Winters for an additional year and to give him a .5% increase. Ted Miller seconded the motion and it passed by a vote of 4 to 1 with Bubba Smith opposed.
    10. General Manager’s Report
      
      Mike had not included a written report. Mike informed the board that four out of the five arsenic treatment facilities have a start-up date of April 6, 2009. Mike further stated that he had received an e-mail from Jori and complaints have been served on Vanguard Pipe. Ted asked about revisiting this issue because he had heard that it was a no win situation and didn’t think the District
      should be spending money on this. Mike stated that he would have Jori come up to talk to the board. Mike also stated that we are getting ready for budget session.
    11. Hydrologist’s Report
      
      Michael had not included a written report. He informed the board that the Aqua Guard CO2 injection occurred last week without complications. Boomer stated that in upcoming events, Lincoln County representatives would be present April 2, 2009 in Mesquite regarding servicing the Lincoln County Land Act. On April 3, 2009 there is an Upper Basin/Lower Basin meeting in St. George and Boomer will be speaking giving water quality presentation for the Virgin River Nevada perspective as well as an upcoming AWWA presentation on well #30.
    12. Engineer’s Report
      
      Erik had not included a written report nor was he present.
    13. Public Comment
      
      Tim Hacker, City Manager, stated that he was gratified to hear Boomer speak about the Mitigation Plan and that he is looking forward to those documents coming back for finalization. Sandra Raymaker stated that she was a little disappointed in some of the action she saw today with the board and the items regarding choosing a contractor and rolling back the Ordinance II fees when every member of the board unanimously voted to increase the fees to what the District was paying for water shares. Bob Draskovich stated that he was sorry he was late for the meeting, but feels that developers should bring the water to the District in order to build.
    14. Adjournment
      
      President John Paul adjourned the meeting at 5:30 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-03-17 (.pdf 28K)
  - 2009-03-11: Board Meeting Minutes - Special Meeting
    VIRGIN VALLEY WATER DISTRICT SPECIAL BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - MARCH 11, 2009
    
    Minutes of a Special Board Meeting of the Virgin Valley Water District Board held on March 11, 2009, at the Virgin Valley Water District Office at 2:00 p.m. Attending were President John Paul, and Board Members Ted Miller and Robert “Bubba” Smith. Vice-President Kenyon Leavitt arrived at 3:35 p.m. Secretary-Treasurer Cecil Leavitt was not present. Also present were Michael Winters General Manager, Michael “Boomer” Johnson District Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:02 p.m.
    - Bubba Smith offered a prayer and Ted Miller led the pledge.
    AGENDA:
    1. Discussion & Action - Approve Agenda:
      
      Bubba Smith made a motion to approve the agenda as posted. Ted Miller seconded the motion and it was unanimously carried. 3-0
    2. Discussion & Possible Action – Approve Minutes from March 3, 2009 Regular Meeting:
      
      Ted Miller made a motion to approve the minutes as written. Bubba Smith seconded the motion and it was unanimously carried. 3-0
    3. Discussion – No Action – Presentation by Westland Construction, Desert Mesa Construction and Legacy Construction Regarding the Proposals for the CMAR of a New Administration & Operations Facility:
      
      Eric Roberts with SH Architecture introduced Stan Houghton with Westland Construction and turned the presentation over to him. Stan Houghton began with introductions and background information. Stan stated that they had an office in St. George and their corporate office was in Orem, Utah and that they were licensed in several states. Stan informed the board of their bonding capacity; that they carry full general liability insurance and workers comp; that they pride themselves on their good working relationships with their subcontractors; that they have a lot of repeat business; and that they offer a “no mark-up” change order policy. Stan further stated that they have been involved with quite a few “design/build” projects and mentioned projects they have completed. Stan also mentioned that with the economy and pricing, this would be a good time to build. Bubba questioned if they had a pre-qualification for subcontractors and Stan explained how the process worked. Ron Larsen with MESA Consulting Group out of St. George, Utah included background information of their company and working relationship with Westland Construction. Bill McMurrin also with MESA Consulting Group went over the three different sites included within their proposals. Bill explained that they had designed one building according to the specifications from SH Architecture with different variations. He showed the floor plan of the building and the outside look of the building. Todd Houghton with Westland Construction went into more detail and information on each site. Todd stated that the Bunkerville site would require a lot of excavation. Todd stated that Proposal B was the District’s current site and they had proposed two different scenarios. First option is tearing down this building and purchasing the property next to us; and the second option was remodeling this building and scaling down on a new building, but also still purchasing the property next to us. Option one is the only option they included a monetary amount. Todd’s third proposal was a new building in the Mesquite Commerce and Tech Center having the most surface area, approximately 7.5 acres. Todd stated that all options included the cost of the land and that they were comfortable with the costs submitted and that they felt the Bunkerville site was the best economically.
      
      Brad Harold with Desert Mesa Construction was the next presentation. Brad stated that they only had one proposal for an already constructed steel structure building located at 175 Willis Carrier Canyon. Brad informed the board that they were prepared to work terms for the property in that the District could put 1.5 to 1.6 million down and pay off the remainder in 13 months. Brad gave a description of the property and building stating that this did exceed the space in the specifications being a 40,000 square foot building and that he felt the District could be operational with this site within 4 to 6 months. Brad answered questions from the board regarding terms and scaling down the square footage. Eric had questions regarding the interior finishing and the price quoted and Brad stated that he quoted middle grade everything. Eric also questioned change orders, working with the board, and the building meeting 15% energy efficiency, which Brad answered.
      
      Cresent Hardy with Legacy Construction began the last presentation with introductions of his team present today and why the board should choose Legacy Construction for this project. Cresent gave background information of his company stating that they were local and 99% of his employees were also local residents; that they were familiar with the City, County and State processes; they had flexible sites; and that now was a good time with the lowest pricing he’s seen in years and that this would be a stimulus to the community and his reasons why to do it now. Dean Kilmer would be the project manager for Legacy Construction and informed the board of his background information. Dean further stated that he felt that the prices quoted could even go down further. Travis Anderson with Bulloch Brothers Engineering (BBE) stated the strengths of BBE and reasons why the board should go with their plan submitted. Kim Campbell with Campbell & Associates Architects gave a little bit of information about his firm and office buildings they have been involved in. Kim went into the building details, scheduling and building process and references. Eric Roberts asked questions of the interior finishing and scheduling. The private site selected was located on John Deere Drive with approximately 7 acres of land, but that they could choose another site if the board so desired.
    4. Discussion & Possible Action – Consideration to Establish the Parameters to lease Irrigation Shares Held by the Virgin Valley Water District:
      
      Mike had proposed a lottery type auction in his memorandum to the board in that the board would set a price that they wanted to lease the water shares for and everyone who wanted to lease shares would register with the office prior to the auction date and then their names would be put into a “hat” and names would be drawn. Whomever’s name was drawn would state how many shares they wanted to lease and if there were shares left, names would continue to be drawn until all shares were leased. Kenyon stated that he liked Bob Coache’s idea from the last meeting in that they would be auctioned to the highest bidder and that bidder would state how many shares they wanted to lease and if all shares were not leased you would start over at the beginning bid of $300 and then the next shares would go to the highest bidder. There was discussion as to how Moapa Valley Water District leases their shares. John Paul opened the item to the public. Robert Bunker stated that he would like to see the terms of the lease, and it was stated that this is what this item was to accomplish by setting the parameters. Robert Bunker asked about sub-leasing. It was discussed and that if shares were to be sub-leased, that they would have to come back to the board for written approval. The point of diversion was discussed and Boomer explained that as Bob Coache had stated, the lessee could obtain a one year temporary permit. Anything longer than one year would have to have a permanent permit and this was a long process. Bubba stated that if there were sub-leasing, that it could not be “for profit”. John Paul questioned if sub-leased if water had to be metered and Boomer stated that this would not be the District’s responsibility. The cost to file a change of point of diversion costs $100 and that $2 an acre-foot goes to the Division of Water Resources and the lessee should be responsible for these charges. A temporary change has to be filed by Mesquite Irrigation Company since they are the owner of record, but the District can file as an “agent”. Boomer further stated that one share equals watering one acre parcel and the policing of the ditches is done by the ditch master of the irrigation companies. Bubba questioned a severability clause and first right of refusal. This was discussed and determined that with only one year leasing that they felt there wouldn’t be a problem. It was discussed and stated that the auction would start at $300 per share; sub-leasing would be allowed only with written permission from the board and could not be for profit; the water would not leave the valley; and that there would not be any first right of refusal. Kenyon Leavitt suggested that the board look at the parameters yearly in the motion. Boomer questioned the time frame of when the District acquires more water and bringing to the board to lease and whether we should try to line the leases up all together. Kenyon suggested that we could have 30 days or when the paperwork has been completed after the sale and the District receives the certificate.
      
      Bubba Smith made a motion to approve parameters to lease irrigation shares as follows: The District would allow sub-leasing only after it comes back to the board for approval and it could not be for profit; leases would be for a one-year period; and the water could not leave the Virgin Valley.
      
      Kenyon questioned reviewing the parameters yearly.
      
      Bubba Smith amended his motion to include reviewing the parameters yearly beginning in March 2010. Kenyon Leavitt seconded the motion and the motion passed unanimously. 4-0
    5. Discussion & Possible Action – Consideration to Establish a Method in Which the District will Lease Irrigation Shares and Create and Approve an Advertisement to Set the Time, Place and Criteria to Lease Said Shares Held by the Virgin Valley Water District:
      
      The advertisement that had been included in the last meeting was again in the packets with the changes made at the last meeting. The parameters set forth in the previous item should also be included in the advertisement. It was questioned who would run the auction and suggested that the chairman of the board do so. Kenyon Leavitt made a motion to use the outline in the packet and add all the parameters for notice of auction. Bubba Smith seconded the motion. Morris Workman questioned the advertisement and where the water has been going since being purchased and he was given a copy of the advertisement and told that the water has just been going down the Virgin River. John Paul called for a vote. The motion passed unanimously. 4-0
    6. Public Comment:
      
      Morris Workman questioned if the grand jury investigation was still going on since a Metro officer was present and was informed by the board that they had no idea and that he should ask the officer.
    7. Adjournment:
      
      President John Paul adjourned the meeting at 5:10 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-03-11 - Special Meeting (.pdf 20K)
  - 2009-03-03: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - MARCH 3, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    March 3, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Council, Erik Beyer District Engineer, Michael (Boomer) Johnson Chief Hydrologist, John Gleave District CFO and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:00 p.m.
    - Cecil Leavitt offered a Prayer and Kenyon Leavitt led the pledge.
    - Public Comment – Mayor Holecheck read a statement regarding the District’s increase in Ordinance II fees and the impact that this could cause for the growth of Mesquite and requested that the Board revisit this item and look at lowering this fee. Quincy Edwards, Ken Philips, George Rapson, Kelby Hughes and Chuck Bentley all offered similar comments to the mayor regarding the Ordinance II fees.
    DISCUSSION:
    Board Comments – Ted Miller commented that he agreed with everyone regarding
    their comments on Ordinance II fees and that the fee was outrageous and that the board should cancel that fund. Bubba Smith stated he had a couple comments and cautioned board members of agreeing and/or disagreeing with public comment. He also would like to direct staff to put that agenda item (Ordinance II Fees) back on for the board’s reconsideration of the action that was done and to get more input from developers and contractors on the impact of the increase of Ordinance II fees at the next regularly scheduled meeting. Secondly, Bubba read a written statement to the public stating he had filed a complaint with the Attorney General’s (AG) office on February 25, 2009. First Bubba wanted it known that the written statement he was reading was of his own opinions and not representation of the VVWD or VVWD Board of Directors. The complaint covers two basic categories. First, he has reason to believe that contracts and agreements have been signed without board approval and without proper procedure according to the By-Laws of the District. Second, he also believes these contracts executed without board approval also violated Open Meeting Law because they were not placed on the agenda for approval, no discussion or action was taken, nor was there a chance for public comment on the item. President of Board Comments - None
    
    CONSENT AGENDA:
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Cecil
    Leavitt seconded this motion and it was unanimously carried. 5-0
    1. Discussion & Action - Approve Agenda
    2. Discussion & Action – Approve of Minutes from 02/17/09 Regular Board Meeting
    3. Discussion & Action – Approve Bills Paid - $935,223.11
    4. Discussion & Action – Approve Purchase Orders Over $2,500
      
      a. Xtreme Technologies - $3,332.99 – 2 Printers
      
      ** End of Consent Agenda**
    5. Discussion & Possible Action – Consideration to Approve Engagement Letter from Hinton, Burdick to Perform Annual Audit for Fiscal year Ending June 30, 2009 Hinton, Burdick submitted an engagement letter to perform the District’s annual audit for fiscal year ending June 30, 2009 with the pricing the same as last year’s audit; $14,600 for the annual audit and $3,750 for single audit. Mark Tichnor representing Hinton, Burdick was present to answer any questions. Cecil Leavitt made a motion to approve the engagement letter from Hinton, Burdick to perform the District’s annual audit for fiscal year ending June 30, 2009 for an amount not to exceed $14,500 for the annual audit and $3,750 for the single audit. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    6. Discussion & Possible Action – Consideration to Authorize Staff to go out for Bids for Well #27 Access Road & Site Preparation. Mike stated that in order for the District to obtain an easement to this parcel from Mr. Lee that preparation was needed because the dirt is too high. Plans were drawn up for what we need which is a 100’ radius with an access road and a small retaining wall. Plans have been approved by the Mesquite Vistas HOA. The District will paint the building and have the landscaping done in house. Cecil questioned whether there was a legal hold on the property and if the District was able to go out to bid with Longview having filed a court action suit against MMC, Inc. George Benesch stated that there was no injunction on this property but on the Hardy Way Arsenic Site.
      
      Cecil Leavitt made a motion to authorize staff to go out for bids for Well #27 access road and site preparation. Ted Miller seconded this motion. John Paul opened the item for public comment and Dave Bundy with Longview Construction who had just walked in asked whether this property had anything to do with his lawsuit and he was informed that his lawsuit only put an injunction on the Hardy Way Arsenic Site not this property in question. Bob Shively representing the Mesquite Vistas HOA questioned the time frame of the project. John Paul called for a vote and the motion was unanimously carried. 5-0
    7. Discussion & Possible Action – Consideration to Approve Advertisement of Irrigation Water Shares and to Set Time for Said Auction. Mike had submitted a draft advertisement that we would put in the paper on the 64 shares the District has available to lease. Kenyon stated that he thought we should scratch the 5% increase from the previous bid and let the market decide where to go. After discussion, the date was changed from March 24th to March 31st for the auction and payment due by April 1st. Cecil stated that the last line should read “highest” bidder(s) in lieu of “next successful” bidder(s). Kenyon questioned how the auction would work with no one ever being involved in something like this.
      
      Kraig Hafen asked to have the advertisement read aloud and Mike did so. Cecil requested that “Pacific Standard Time” be changed to “Pacific Daylight Savings Time.” Bubba asked for clarification of the number of shares to lease and what about other parameters: 180 days notice for severability, 1st right of refusal, keeping the shares in the valley, no profit and not being able to sublease. Bubba stated that he didn’t know if we were ready to advertise and that the VVWD should come up with our own long term solution and not keep trying to keep up with SNWA. Bubba has a problem with leasing to the highest bidder and not for the best use. Boomer suggested that we could go out for lease for 3 blocks of 10 shares; blocks of 5 and then single shares. It was questioned about the point of diversion and Boomer stated that they are all out of the Mesquite Ditch and in other leases from the District there is a stipulation that the lessee is responsible to file with the State Engineer for place of use.
      
      Bob Coache, Deputy State Engineer, explained that he has been involved in a couple auctions and what they’ve done is start at the minimum bid and work their way up until there is a bid amount to be taken (i.e. $400) and they state that they want so many shares and then you begin again until all the shares are gone. Mr. Coache further stated that if you use the water from the ditches in Mesquite that you would be okay, but if you were to take the water from elsewhere and not the ditches, you could apply for a temporary change application and you could get that done in about two weeks. You would have to file under Mesquite Irrigation.
      
      George stated that the board should set the parameters and maybe table the item until the board set a policy. The board is having a special meeting on March 11, 2009 at 2:00 and the board could set the parameters and revise the advertisement for bid. Kenyon Leavitt made a motion to table this item until the March 11, 2009 Special Meeting at 4:00 p.m. for setting the parameters and approving the advertisement for auction. Ted Miller seconded this motion and it was unanimously carried. 5-0
    8. Discussion & Possible Action – Consideration to Authorize Staff to Sign a New Purchase Agreement with Bunk Farm, LLC for 8 shares of Bunkerville Irrigation Water Mike reported that staff had done exactly as the board had instructed and the lease terms were changed to a one year lease with Bunk Farm, LLC being given first right of refusal. With the change of terms to a one-year lease in lieu of 5 years, the purchase price was higher totaling $638,089.84.
      
      Bubba Smith stated he would abstain and recuse himself from this item because he feels that this item has not met the requirements of Open Meeting Law and is in violation of the Open Meeting Law. Bubba further stated that this item says nothing regarding a “lease back” to Bunk Farm, LLC. and while it is the opinion of staff and legal council that this is not a lease, but a purchase agreement, he must take opposition to this view because the agreement clearly states that a condition of this sale is that buyer will lease back to seller the irrigation shares. He believes that the public by reading the agenda item would not be aware of the contents of the agreement. John Paul recused Bubba and Bubba left the conference room. Ted Miller stated that since the District was purchasing water shares at SNWA prices of $80,000 plus, and then leasing them back at only $300 per share that we should hear from the citizens.
      
      John Paul opened item for public comment. Duane Magoon with Bunk Farm, LLC stated that he needs to sell the water and wanted to keep it in the valley and would be using the water on his farm and did not intend for anything to be underhanded or under the table, but that contingent to the sale we could lease it back. Trent Graves on behalf of Rick Anderson with Bunk Farm, LLC came to the District to sell the shares contingent upon leasing back the shares and nothing was being done underhanded as portrayed in the newspapers.
      
      Kenyon Leavitt made a motion to authorize staff to sign a new purchase agreement with Bunk Farm, LLC for 8 shares of Bunkerville Irrigation Water for a purchase price of $638,089.84. Cecil Leavitt seconded this motion and it was passed by a vote of 3 to 1 with Ted Miller opposed and Bubba Smith being recused.
    9. Discussion & Possible Action – Consideration to Approve a Cost of Living Allowance (COLA) for VVWD Employees effective July 1, 2009. Mike stated that this is brought before the board at this time every year along with the evaluations for the next budget session. The consumer price index was included for the board’s consideration with a COL increase of 3.5% for year ending 2008. Mary explained that the employees’ retirement, PERS (Public Employees’ Retirement System) would increase from 20.5% per paycheck to 21.5% per paycheck and the company is required to pay .5% and the employees must cover the other .5%. Any COLA given to the employees would be reduced by .5% to cover their portion on the PERS increase and if no COLA given, the employees’ hourly wage would be reduced by .5%.
      
      Cecil Leavitt made a motion to give no COLA to the employees at this time. Bubba questioned the motion and if the VVWD would cover the .5% so the employees would not lose money on their hourly wage. The motion died for a lack of a second.
      
      Kenyon Leavitt made a motion to approve a cost of living allowance (COLA) of .5% to all employees effective July 1, 2009. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    10. Discussion & Possible Action – Performance Evaluation of Michael Johnson, Chief Hydrologist, Including, but not Limited to, Renewal of Employment Agreement, Salary Increase, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, or ‘No Action’. Cecil asked as a point of question stating that Mr. Johnson and Mr. Winters are not under employment agreements but working under the Administrative Policies and Procedures Manual and feels that items 10 and 11 should be stricken from the agenda and so moved. Bubba Smith seconded the motion. John Paul asked for a legal opinion if we could do both items at once or do them separately. George stated that it would be better to do them separately since they were two
      separate items on the agenda.
      
      Cecil Leavitt amended his motion to remove item #10 from the agenda and brought back at the next regular meeting with the correct verbiage on the agenda. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    11. Discussion & Possible Action – Performance Evaluation of Michael Winters, General Manager, Including, but not Limited to, Renewal of Employment Agreement, Salary Increase, Termination, Suspension, Demotion, Reduction in Pay, Reprimand, Promotion, Endorsement, Engagement, Retention, or ‘No Action’. Cecil Leavitt made a motion to remove item #11 from the agenda and brought back at the next regular scheduled meeting with the correct verbiage on the agenda. Kenyon Leavitt seconded the motion and it was unanimously carried. 5-0
    12. Discussion & Possible Action – Consideration to Issue a RFQ for VVWD Administration Operations Legal Council – Requested by John Paul. John had included in his e-mail to Mike requesting that this item be put on the agenda stating that “qualifications is to be a licensed attorney in good standing with the State of Nevada. Familiarity with State of Nevada Open Meeting Laws and the VVWD enabling legislation of the Nevada Revised Statute, Chapter 100.” John also had passed out a memo and read aloud “This item is to offer a restructuring of the VVWD. It is designed to see if there is sufficient support amongst other VVWD members to restructure the process of the VVWD; pertaining to presentation of Agenda Items, and to receive legal opinions and advise, on whether or not compliance to all Nevada State Rules and Regulations is met.”
      
      Kenyon questioned items 12 and 13 and didn’t see how they jived with John’s statement. Kenyon thinks that John is saying we want to get new legal counsel, but John Paul stated that he was asking for restructuring of the VVWD and it would be for only qualified people and it would be a separation from our current legal counsel and water laws. This attorney would be to oversee the District on day to day operations and that agenda items are all in compliance with Nevada rules and regulations. Mike stated that if agenda items are not correct that would not be George’s fault but his and we can send agendas to George for approval or to John, if that would correct the problem. Kenyon stated that the District couldn’t afford to give employees a COLA, but then you want to hire a new attorney, which hasn’t been budgeted for and that we should have George approve agendas, etc because that is what we pay him for. Cecil commented that if you had 10 attorneys, you could have 10 different opinions and if we are meeting the laws of the state and feels that we are on solid ground and now is not the time to change.
      
      Bubba commented that he understood that this would be restructuring and we would change the amount we currently pay our legal counsel. Bubba stated
      that he personally felt the District was way past the need for restructuring and feels that the District cannot get an unbiased opinion from George and thinks this is a good idea and feels that it is urgent that we act now. Ted Miller commented that he felt it was prudent business practices and agrees that we need a change, but that we should look at during the budget process and that this was the wrong time to address it. Bubba Smith made a motion to issue a RFQ for VVWD Administration Operations Legal Council. Ted Miller seconded the motion and the motion passed by a vote of 3 to 2 with Kenyon Leavitt and Cecil Leavitt opposed.
    13. Discussion & Possible Action – Consideration to issue a RFP for VVWD Administration Operations Legal Council – Requested by John Paul. John Paul stated that this item also pertained to the same back-up material stated in item #12 and that “duties will be to attend the VVWD board meeting and provide legal opinions and advice on compliance with Nevada Open Meeting Laws, the VVWD enabling legislation of the Nevada Revised Statue, Chapter 100. An all other documents which govern the conducting of business regarding issues brought before the VVWD Board.” Bubba asked for verification that the RFQ was a request for qualifications and the RFP was a request for proposals and pricing. Bubba Smith made a motion to issue a RFP for VVWD Administration Operations Legal Council. Ted Miller seconded the motion. Cecil questioned this item and how vague it seems and Bubba recused himself from item #8, but was willing to make motions on these items that Cecil feels is vague on the agenda. John Paul called for vote and the motion passed by a vote of 3 to 2 with Kenyon Leavitt and Cecil Leavitt opposed.
    14. General Manager’s Report - Mike had not included a written report. Mike reported that one of our employees, Bryan Plum, was called up to active duty and was shipped to Iraq and while there was involved in a bombing accident and the last we heard he was in the hospital and hopefully would be coming home the end of March. Mike further stated that we had begun working on the budget and that a Notice was published in the Desert Valley Times regarding arsenic violation because the plants were not up and running by January 1, 2009. We should be up and running by May. Don Paff commented that he thought the District should also publish a notice of progress and not just the violation notifications. Ted asked about the 1.3 million dollar grant and Mike informed the board that the grant had been signed and the money was there for the District.
    15. Hydrologist’s Report - Michael had not included a written report. Boomer stated that he has been working on the EIS report for the Mesquite Airport regarding the NEPA documents and the hydrological impact an airport would have on the system and that these forms were necessary for the City to purchase the property. Boomer also went to the Lincoln County Water District (LCWD) meeting 2/25/09 and one of the items was servicing water to the Toquop Township. They are still working with the VVWD and deciding how best to service water to that area. We should have future discussions between the VVWD and LCWD regarding these issues. Boomer further stated that he was trying to receive the GID for the area, or an audit for expenses spent to the Tule Desert. Boomer also stated that on the 26th of February he issued a letter to Longview Construction rejecting their invoice until the As-Builts and submittals were recorded and filed with the State as required. Also, Boomer informed the board that the District received an official notice of mediation from Southeast Drilling and these documents were forwarded to George, but our contract was with Longview not with Southeast Drilling. Boomer further stated that he has been working with the Salinity Coalition and they are working on removing the salt, the total dissolved solids (TDS), and improving and lowering the TDS in the Virgin River through the Bureau of Reclamation.
    16. Engineer’s Report - Erik had not included a written report. He stated that his two major functions were checking the development plans as they come in and making sure they are in compliance with the District’s Specs. Erik also works closely with Kevin Amen, District Inspector, regarding materials and methods and that they are in compliance.
    17. Public Comment
    18. Adjournment - President John Paul adjourned the meeting at 5:18 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-03-03 (.pdf 28K)
  - 2009-02-17: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - FEBRUARY 17, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on February 17, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt leaving early at 5:25 p.m., and Board Members Ted Miller leaving early at 4:15 p.m. and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Council, Erik Beyer District Engineer, Michael (Boomer) Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:02 p.m.
    - Cecil Leavitt offered a Prayer and Bubba Smith led the pledge.
    - Public Comment – There was no public comment at this time.
    DISCUSSION:
    Board Comments – Ted stated that he would have to leave the meeting at 4:15.
    President of Board Comments - None
    
    CONSENT AGENDA:
    Kenyon Leavitt made a motion to approve the consent agenda as listed below. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    1. Discussion & Action - Approve Agenda
    2. Discussion & Action – Approve Minutes from 01/20/09 Regular Board Meeting
    3. Discussion & Action – Approve Financial Statement for December 2008
    4. Discussion & Action – Approve Bills Paid - $1,932,095.94
      
      ** End of Consent Agenda**
    5. Discussion & Possible Action – Consideration to Authorize the General Manager to Sign a Contract Between the VVWD and Zee Designs for the Development of the District Website. This item was tabled from the last meeting until District Council and District IT, Tracy Lee, were able to look over and approve the contract. Mike also stated that there were three additional change orders included that were not in the RFP. Mike explained that these change orders could all be approved or certain ones, or none at all and we would budget for them in the next fiscal year. Mike stated that he would recommend that the board approve the contract along with the change orders. George stated that he had spoken with Tracy Lee and both were in agreement and recommended approval of the contract. The change orders total $10,782.50 for phases I, II and III. Questions were asked by the board regarding the change orders and Mike and Zee both stated that the website would be fully operational and secure without the change orders added at this time. Zee Marie of Zee Designs stated that the website will require attention and maintenance of the website, which Zee Designs would be handling.
      
      Cecil Leavitt made a motion to approve and authorize the General Manager to sign a contract between the VVWD and Zee Designs for the development of the District website and approve all three change orders totaling $10,782.50. John Paul seconded this motion and it was carried by a vote of 4-1 with Bubba Smith opposed.
    6. Discussion & Possible Action – Consideration to Approve Opening New Bank Account(s) District’s CFO, John Gleave, was present to inform the board that it was our desire to move money from three accounts at the Local Government Investment Pool (LGIP) to the Bank of Nevada. John has been negotiating with Dan Wright, Senior Vice President over the Mesquite branch to pay an interest rate above the amount that we earn at the LGIP. The funds will be collateralized through the Bank’s and VVWD’s participation in the Nevada Pooled Collateral Program (“NPCP”), which is a program offered through the Office of the Treasurer with the State of Nevada. Through this program, the deposits of the VVWD held at the Bank will be monitored daily to ensure that sufficient and acceptable collateral is set aside by the Bank to collateralize the full amount on deposit. This program satisfies NRS statutes for collateralization of “public funds”. We would move the money from the LGIP regular account to our current money market account at Bank of Nevada and the 2008 Bond and the Ordinance II restricted accounts would be the new accounts opened.
      
      Cecil Leavitt made a motion to approve the opening of two new accounts at the Bank of Nevada and moving monies from the District’s LGIP accounts. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    7. Discussion – Presentation by JNA Consulting Regarding the 2008 Bond
      Marty Johnson representing JNA Consulting was present to recap how the 2008 Bond works. He believes there have been some questions on how the bond came and went and what options the District may have concerning the spending of the bond money. In the past, the District did Revenue Bonds. The 2008 Bond is a General Obligation Revenue Supported Bond. As part of the process, the District had to go before the Debt Management Commission. We went to them proposing a 23.1 million dollar bond, which they approved. The only limitation there is, is that the amount could not increase and it had to be issued within three years. The bond ordinance was adopted with an interest rate of 4.9%. There was no list of projects to be completed within the bond documents. The District had a list of capital improvement projects that the 23.1 million would cover, but Marty stated that it is understood that circumstances and the economy can change. Marty further stated that if the District had no capital projects to construct with the remaining money after arsenic is completed, that the bond money could be used to pay off or down other higher interest rated bonds, but it most likely would not be dollar for dollar. Marty stated that the District would be hard pressed to receive another bond at this bonds interest rate and that we want to make sure that we maintain our AAA bond rating.
    8. Discussion & Possible Action – Consideration to Continue with the Construction Manager at Risk (CMAR) for a New Administration and Operations Facility. This item was tabled at the last board meeting because the board wanted the information provided by Marty Johnson in the previous item. Eric Roberts of SH Architecture and Mike both recommend that the District move forward and conduct interviews with the contractors who spent quite a bit of money on this project and look at the proposals submitted. John Paul questioned changing and only putting the Maintenance facility on the Bunkerville property and keep the Administration Building at this location and if this would be appropriate. Mike stated that he would like to keep the facilities together and the RFP was advertised for both facilities at one location.
      
      Mike also mentioned that the enabling legislature states that the board decides on a place of business and the by-laws only state that it be in Mesquite; and that this could be changed easily by a resolution. Kenyon Leavitt still questioned whether we could pay for it. Cecil stated that contractors had spent a lot of money on the RFP and no one has even looked at the proposals and that there is no cost to just look at their proposals. John Paul opened the item for public comment. Quite a few persons had public comment and almost all were in favor at looking at the proposals. It was asked if the economy had changed that much since September when the District requested RFP’s for this project and why did we ask for the proposals if we had no plans on going forward with the project and that a lot of time had been spent on these proposals. Kenyon Leavitt made a motion to continue with the Construction Manager at Risk (CMAR) for a new administration and operations facility and review the proposals. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0 Board Member Ted Miller left at 4:17 p.m.
    9. Discussion & Possible Action – Consideration to Place Main Line PRV’s at the Fairways HOA. Mike stated that he has met with this HOA along with other HOA’s regarding the pressure on the north side of the freeway. Mike stated that we had placed a pressure recorder on a vacant home and found that the pressure is ranging around 125 psi and we did not see big fluctuations as they are reporting. Mike further reported that each home is required to place a PRV on the home, but believes the problem lies in the landscaping and suggests that each resident place another PRV on the landscaping at a cost under $100. If the District were to place a PRV on the main, and with the City requirement of a looped system, two PRV’s would be required; the price could be $30,000 to $40,000. This would also lead to setting precedence and other HOA’s would want this also and this would change the hydrology of the system. Mike further stated that PRV’s require annual maintenance and with the chemical make-up of the District’s water, homeowners need to realize that their PRV’s need maintained yearly and that they should either replace the entire valve or the guts of the valve each year. Mike recommended to the board that the District not place mainline PRV’s at Highland Fairways, but that each customer look into adding another PRV for the landscaping and maintain them yearly.
      
      Jerry Hyland, President of Highland Fairways HOA, gave some background information and requested that the District pay for and fix their problem and not ask each resident to pay for. Mike Chandler with Bowen & Collins stated that Bowen & Collins contracted with the District and were in the process of updating the system model. Mr. Chandler stated that pressure zones are difficult, but that they are aware of this situation and they would recommend rectifying the situation system wide and not by single subdivisions. The system model could be completed within 90 days. Mr. Chandler further stated that by putting in a main line PRV(s) would cause a chain reaction throughout the rest of the system and problems further down the line. Bubba Smith made a motion to table item until Master Plan received and then put item back on the agenda. Cecil Leavitt seconded this motion and it was unanimously carried. 4-0
    10. Discussion & Possible Action – In Response to the Request by Kraig Hafen, Hafen Dairy to Lease Bunkerville Irrigation Company Irrigation shares from Virgin Valley Water District from the February 5, 2008 Board of Director’s Meeting. Boomer had provided the board with a memorandum of events that occurred since the board’s vote at the February 5, 2008 meeting. The District previously entered into an agreement in April of 2000 with SNWA regarding acquisition and use of Virgin River within the lower Virgin River Hydrographic Basin 222. The agreement allowed SNWA to purchase surface water rights from the Virgin River with a priority date of pre-1929. In exchange for SNWA acquisition of the water, VVWD received 50 percent joint ownership of the SNWA ground water applications in the basin and for every acre-foot of pre-1929 water right obtained by SNWA, VVWD received 1 acre foot of 1989 priority water held by SNWA. A new agreement between VVWD and SNWA dated March 18, 2008 provided for the removal of the previously cap of 5,000 acre feet; assigns title for 5,000 acre-feet seasonal diversion of 1989 priority water issued to SNWA to VVWD; SNWA assign the remaining portion of the undivided half interest in the 1989 ground water applications in the Virgin River basin to VVWD; and assigns the title to 1,200 acre-feet annually of surface water under Permit No. 54383 with a 1990 priority acquired by SNWA to VVWD. The District transferred the 89 shares of Bunkerville Irrigation Company shares held by VVWD to SNWA.
      
      Upon execution of the agreement the total amount of surface water held by VVWD was 8,650 acrefeet. Additionally, VVWD acquires the senior ground water application in their entirety with a priority date of 1989. This equates to a potential estimated volume of 62,000 acre-feet. VVWD gave up approximately 890 acre-feet of Virgin River water to SNWA with a pre1929 priority date. After execution of the agreement between VVWD and SNWA, VVWD no longer held shares of Bunkerville Irrigation water to lease with Hafen Dairy, Inc. The District failed to notify Hafen Dairy personally about the agreement, but it had been posted on the agenda for the 3/18/08 board meeting.
      
      The District currently has 2 Bunkerville Irrigation shares utilized for the secondary system in Bunkerville. Kraig stated that the agreement with SNWA was probably a good deal, but questioned how the District used the secondary system without any shares available after the 89 shares traded to SNWA, and now the District needs two shares for the secondary system. Boomer stated that two shares are technically not leased out and we need approximately 200 acre-feet for the secondary system and recommends not leasing the two shares at this time. Boomer answered other questions from the board. No action was taken on this item.
    11. Discussion & Possible Action – Consider Offer by Bunk Farm, LLC to Sell 8 Shares of Bunkerville Irrigation Company Irrigation Water at an Amount of $80,061.23 Per Share for a Total not to Exceed the Amount of $640,489.84 and Authorize the General Manager to Negotiate and Sign Agreement Between Bunk Farm, LLC and the Virgin Valley Water District. The board previously authorized the purchase of irrigation water shares in the cumulative amount of $5,000,000.00. Under this board action, VVWD expended a majority of available funds and purchased 4 shares of Bunk Farm, LLC shares with provisions to lease back to Bunk Farm, LLC for $300 per share for 5 years. Kraig Hafen stated that the board’s action was for the purchase of water and not to lease and thought that the District would no longer have long term leasing agreements anymore and that the lease agreement should have come before the board for approval.
      
      Bubba questioned the lease of the four shares and the substantial difference in SNWA leasing amount compared to the District’s. Mike stated that the goal was not to recoup money, but the actual purchase of the water. John Paul stated that his primary purpose was to own the water and not a return of money on leasing. Cecil Leavitt left at 5:25 p.m.
      
      This sale request and lease back is for a five-year period. Bubba questioned the amount of sale and such a low lease back. Kenyon Leavitt questioned Duane Magoon if they would be willing to lease on a year to year basis and Duane stated he was agreeable to this. Kenyon Leavitt made a motion directing the General Manager and staff to negotiate an agreement with Bunk Farm, LLC to purchase 8 shares of Bunkerville Irrigation Company irrigation water at an amount of $80,061.23 per share not to exceed $640,489.84 with a lease back option of $300 per share on a year to year basis with Bunk Farm, LLC given the first right of refusal. Bubba Smith seconded this motion and it was unanimously carried. 3-0.
    12. Discussion & Possible Action – Consideration of Leasing Shares Held by Virgin Valley Water District and Authorize the General Manager to Establish Criteria for Leasing, Negotiate and Sign Agreement Between the Virgin Valley Water District and Accepted Lessor. Mike stated that the board decided last year that they would advertise to lease available shares of irrigation water that the District owns. There are 64 shares of Mesquite Irrigation water available at this time and there will be 188 Mesquite shares available in August of this year. Boomer had provided a summary of surface water rights held by VVWD in the lower Virgin River basin and an abstract of irrigation rights for the lower Virgin River basin provided by Nevada Division of Water Resources. Items to be considered is the amount of Mesquite Irrigation Company shares to be leased are: length of lease; minimum lease price per share; termination of leases by VVWD; restriction on where lease may be utilized; how to advertise; and establishment of opening date for Request for Offers. After discussion, it was decided to lease the 64 shares now. Leases would be on a year to year basis with a minimum bid of $300 per share. The water will be required to be metered. Boomer also stated he wanted termination clause in the agreement.
    13. General Manager’s Report - Mike informed the board that his and Boomer’s evaluation would be put on the next agenda. We also need to schedule a date for budget meeting and it was decided that April 7th at 1:00 would be the budget workshop meeting before the regular meeting. Mike further stated that the vault on the south side of the river was completed. There were also year-end reports regarding production and costs included in the board packets with the District producing 6,771.45 acre-feet of water in 2008.
    14. Hydrologist’s Report - Michael informed the board that he had attended the quarterly meeting of the Virgin River Conservation Partnership last week. There will be a meeting April 2nd and the 3rd in the St. George area with pertinent information between users of the upper and lower Virgin River basins being given. Additionally at that meeting the Bureau of Reclamation will be present and they have set aside $5 million for Basin Water Resource Study with a 50-50 matching. Boomer stated that we would have to partner with SNWA and Washington County and was working on the Notice of Intent for this.
    15. Engineer’s Report - Erik reported that he really had nothing to report with only a few set of plans having needed to be redlined and he was caught up on District business.
    16. Public Comment - Duane Magoon questioned where the water irrigating the Lonetti property was coming from. Boomer explained that there is currently 1200 acre-feet at Riverside that has not been certificated, but the application is being processed. SNWA has filed a Report of Conveyance as part of the terms and conditions of the 89 shares given to SNWA from VVWD. All of this has not come before the State Engineer as of yet so until we actually receive the Report of Conveyance and are the certificated owners of the water, the place of use is specifically Meadowland Farms and we cannot move it from that place of use.
    17. Adjournment - President John Paul adjourned the meeting at 5:59 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-02-17 (.pdf 36K)
  - 2009-01-20: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JANUARY 20, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    January 20, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Council, Erik Beyer District Engineer, Michael (Boomer) Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:03 p.m.
    - Kenyon Leavitt offered a Prayer and Bubba Smith led the pledge.
    - Public Comment – There was no public comment at this time.
    DISCUSSION:
    Board Comments – Ted Miller questioned the agenda and the number of items on
    this agenda, yet there was only one meeting the last couple of months and couldn’t it
    be spread out more evenly. President of Board Comments – John Paul seconded Mr. Miller’s sentiments.
    
    CONSENT AGENDA:
    John Paul stated that if there were no objections that item #12 be moved up in the agenda to be heard after item #6 since the representatives were traveling from Las Vegas. Kenyon Leavitt made a motion to approve the consent agenda as listed below with item #12 on the agenda moved to be heard after item #6. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    1. Discussion & Action - Approve Agenda – Move item #12 to be heard after item #6
    2. Discussion & Action – Approve Minutes from 1/6/09 Regular Board Meeting
    3. Discussion & Action – Approve Financial Statements for October and November 2008
    4. Discussion & Action – Approve Bills Paid - $234,533.25
    5. Discussion & Action – Cancel Meeting Scheduled for February 3, 2009 Due to NWRA Conference in Reno that the General Manager and Chief Hydrologist will be Attending
      
      ** End of Consent Agenda**
    6. Discussion & Possible Action – Presentation by Eric Roberts of SH Architecture and Consideration for Direction to Staff Regarding the CMAR for a New Administration and Operation Facility
      
      John Paul stated that the agenda was written with “CMR” and it should have been “CMAR”, Construction Manager at Risk. Mike Winters stated that RFP’s were sent out as instructed by the Board and Erik Roberts was here with the findings. Erik stated that they received ten (10) qualified proposals by five different firms. The ranking was completed as per NRS Statutes and they are required to weight 30% to costs of the proposals. The cost proposals were opened and notarized on January 5, 2009 and then scored. A team of disinterested parties rank the designs separate from the costs. The scoring was based for the designs on team competition and a 5% preference for Nevada firms. It is Eric’s recommendation that the board interview the top two firms from each of the two divisions and continuation of this project.
      
      Questions were asked by board members and answered by Eric. Cecil Leavitt disclosed that he had affiliations with Legacy Construction and was not sure if he should abstain, but he still had questions. George stated that since Cecil would gain no profit that he did not see why he could not still participate with the discussion. Kenyon stated that with the present economy he was not certain whether the District should build now or later, but could not see asking for $4 million more from customers. Mike explained that if the board recalled they voted to float a bond 9 months to one year ago and that the money is in the bank and the money could not be returned. Mike also stated that he had spoken with Marty Johnson with JNA Consulting and that the District bought bond insurance which is no longer available for bonds under 100,000,000 dollars. There was further discussion regarding the money and availability of its use. George Benesch stated that it may be in the best interest of the board to have Marty Johnson and bond council come to the next board meeting and explain the bond situation and how the District can use these funds.
      
      There were further questions and comments regarding the proposals and process. Cecil also stated that the firms who submitted RFP’s had also put a lot of money into this process. Kenyon Leavitt made a motion to table this item until the February 17th meeting and to have Marty Johnson with JNA Consulting and bond council present with information regarding bonding money and to see what the District’s options are. Ted Miller seconded this motion.
      
      The item was opened to the public for comment with Cresent Hardy stating that the board should be forward thinking and that people had spent a lot of money on this project and that the board should move forward and find out who won the RFP. Other comments were made with Duane Magoon calling for a point of order and clarification on Cecil stating that he was abstaining, but still commenting on the item. George stated that he was just disclosing his association with Legacy Construction and could still participate in the discussion. John Paul called for a vote and the motion was carried by a vote of 4-0 with Cecil Leavitt abstaining.
    7. (12) Discussion & Possible Action – Consideration to Enter into a Contract with Zee Designs for the Creation of the Virgin Valley Water District Website
      
      Mike Winters began by stating that a contract had been received from Zee Designs and forwarded to George for review and approval. George stated that he had some concerns, but feels like we can work it out. George stated that he only had time to briefly look through the contract and recommended that the board table this item until the contract issues were resolved; or that the board could go forward subject to the contract concerns being resolved. Zee Marie representing Zee Designs commented that the site could be up and running within 30 days except for the customer site. Zee stated that she would like the board to move forward and work out any concerns with George before the contract was signed.
      Ted Miller made a motion to table this item and bring back contract at the February 17th meeting. Bubba Smith seconded this motion and it was unanimously carried. 5-0
    8. Discussion & Possible Action – Consideration to Change Ordinance II in Regards to the Amount to be Paid Per EDU. Mike Winters began by stating that in the past, Ordinance II fees were raised along with the fair market value for what water is selling for in the valley. With SNWA purchasing shares the fair market value would be $8,700 per EDU and/or acre-foot. The fees right now are $3,300 per EDU and this is not enough to purchase an acre foot of water.
      
      There were questions from the board regarding the fair market value and if this would increase or if this was the highest it would go. There were comments from the public. George explained the criteria to Ordinance II and how it was established and how it has worked thus far. Kenyon Leavitt made a motion to increase the Ordinance II fees to $8,700 per EDU effective as of this date. Ted Miller seconded this motion and it was unanimously carried. 5-0
    9. Consideration to Adopt Resolution 2009-1 Amending the Criteria for Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 Mike explained that this resolution would require an individual to turn water over to the District if they own water in lieu of payment. Cecil had questions regarding the shares in Bunkerville and Mesquite because he believed that Bunkerville shares could not be broke down and were only sold per whole share. Mesquite shares can only be split in half, but not fractured out more. There were several comments from the public and felt that they shouldn’t be punished for owning water. Mike stated that the idea was to keep water in the valley and that he was unaware that you couldn’t split irrigation shares.
      
      George stated that he based the resolution on Fernley’s policies, but that the District’s Ordinance II criteria now actually does require the dedication of water or the equivalent paid in money. Bubba questioned why there had not been a workshop beforehand on this item. There was further public comment on the item. Comments were made that there is public water and private water and you would be punishing people who hold water shares. Bubba stated that companies, individuals, etc. can form LLC’s or put ownership in others’ names and who is to say who actually owns the water and must dedicate it in lieu of paying the equivalent. This item died for a lack of a motion.
    10. Discussion & Possible Action – Consideration to Adopt Resolution 2009-2 Addressing the Criteria for Leasing of Mesquite Irrigation Company and Bunkerville Irrigation Company Shares Held by the Virgin Valley Water District. Mike stated that he had attended Moapa Valley Water District’s Board Meeting and had included Moapa’s memorandum to the chairman from the general manager regarding their criteria for leasing irrigation water. Mike also stated that in February that he would be bringing in sealed bids for irrigation leases. Bubba stated that he sees a lot of similarities in this item and the last item. He asked where you draw the line on who you lease water to. As stated before, Bubba believes there is private water and public water and how can the District tell owners of private water what they have to do with their water and we should go by a case by case basis and entertain all requests to lease.
      
      Kraig Hafen stated that he had been present at the board meeting on February 5, 2008 and that there was a motion to lease the District’s Bunkerville shares to Hafen Dairy and that he has heard nothing from the District regarding this motion. He also stated that other shares had been leased in Bunkerville. Duane Magoon stated that the District purchased four shares from Bunk Farms with a lease back option. Kraig wanted to know if he would be put ahead since he was first to request to lease water from the District and has never been contacted. Mike stated that the Bunkerville shares were exchanged with SNWA for four times the amount of water for pre-1929 water for post 1929 water. There was further public comment regarding pre-1929 water.
      
      Theron Jensen called for a point of order stating that while this was interesting discussion, what did it have to do with the agenda item. After further discussion, John Paul called for a vote. The item died for a lack of a motion.
    11. Discussion & Possible Action – Consideration to Increase the Secondary Rates on the South Side of the River. Mike reported that the District currently collects $39,000 for the secondary system and is spending $37,000 per year for power, which does not leave much money for maintenance and upkeep. If the District increases the secondary system $3 this would give an extra $5,000 to $6,000 per year for maintenance and would also allow the District to qualify for an extra 1.3 million in funding through the State for arsenic treatment on the south side of the river. Cecil commented on his concerns with the habitat fee that the District must collect for the City of Mesquite, but had no problem paying the $3 increase for the secondary since he uses that water. There was further discussion from the public with questions being answered. Kenyon Leavitt made a motion to increase the secondary rates on the south side of the river $3 per month per customer who uses the secondary system. Cecil Leavitt seconded this motion and it was unanimously carried. 5-0
    12. Discussion & Possible Action – Consideration of the Rejection of Change Order No. 1 Submitted by Longview Construction & Development and Assessment of Liquidated Damages in the Amount of $2,000 Per Day for Virgin Valley Water District Riverside Road Virgin River Crossing Contract No. 2008-01, PWP-CL2008-441. Michael Johnson had included a detailed memorandum stating in chronological order the events that occurred since the signing of the contract with Longview Construction for this project and verbally informed the board and public of these occurrences. He also included copies of the Notice to Proceed, Notice of Award, Longview’s change order, Southeast’s Directional Drilling letter to Longview Construction and invoices with change order amounts included. Completion of work associated with the contract was 75 calendar days from the Notice to Proceed or December 12, 2008. Boomer stated that at the preconstruction meeting the importance of completing on time was stressed to prevent conflict with the NDOT contract associated with replacing the bridge. Boomer has also included parts of the contract associated with the “Drilling System Equipment” and “Reports of Exploration and Tests” that all bidders received with the same contract documents.
      
      Boomer further stated that the geotech investigation was provided as part of the project. The geotech investigation was conducted within the NDOT ROW varying between 150 to 200 feet in width. Gravels and cobbles were identified in the geotech boring logs provided as a reference to the VVWD contract documents. There is no verification that the “Geotech Report did not provide accurate info.” as stated on the change order requested by Longview Construction. There was sufficient time to properly submit a change order request instead of having the boring subcontractor request the change order when demobilizing equipment. The official completion date for VVWD project was January 6, 2009. With this completion date, 25 days of liquidated damages should be assessed against the contractor, with the total amount of liquidated damages totaling $50,000.00. Boomer’s recommendation to the board is to reject the Change Order request No. 1, submitted by Longview Construction & Development in the amount of $172,518.50 and assess liquidated damages in the amount of $50,000.
      
      Kenyon asked if our delay caused any other delays and Boomer stated that we don’t know yet. If it comes down to Legacy Construction running over on their contract with NDOT, then yes, they of course would put the blame on the District because we ran over and the state liquidated damages are assessed at $7,000 per day.
      
      Cecil Leavitt disclosed that he is employed as a private contractor with Legacy Construction on the bridge replacement project and that he would be abstaining from voting on this item. There was further discussion with the board regarding the liquidated damages and if we could hold money to see if we incurred any more costs or if they had to be collected. Boomer also stated that there could be additional delays besides the bridge replacement. The District is still working on a PRV and that there is not water running through the pipes yet. Dave Bundy, owner of Longview Construction stated that his subcontractor, Southeast Drilling received a soil report that did not show any substantial cobble, or any cobble at that depth, nor did it show any rock baskets. Southeast Drilling had an 80,000 lb. machine that’s been said that it was too small and he asked Boomer if he had specifications to prove that.
      
      Boomer was quick to respond that this was not his, nor the District’s responsibility, but the contractor’s responsibility and that Longview did not submit calculations as terms of the contract. Dave further stated that they had to wait for another machine to be moved from another location and that they worked 24 hours a day and over the holidays. There was further discussion regarding the soils reports and the contract and how it was written. Bubba questioned if the board could have a closed door session with legal counsel for legality questions. George stated that it is usually agendized, but it did not have to be and that no action could be taken until the meeting was reopened.
      
      John Paul called for a closed meeting with District counsel and asked the public to leave the conference room for a moment. Meeting reopened and John Paul asked for a motion. Bubba stated that he would like to see the liquidated damages set aside and applied if needed. Bubba Smith made a motion to reject the change order submitted by Longview and look at the assessment of liquidated damages at a later date. Bubba amended his motion to reject change order No. 1 submitted by Longview Construction & Development and that we do assess liquidated damages in the amount of $2,000 per day, but at the same time that we hold that money until a future time when we decide whether it is needed or if we can refund that money to Longview Construction if the District does not incur any more costs. Kenyon Leavitt seconded this motion and it passed by a vote of 4-0 with Cecil Leavitt abstaining.
    13. General Manager’s Report - Mike reported that we should be getting the grading permit for well #27 site. Plans had been submitted to the HOA for the site and had been approved for leveling to do repairs on our rigs. We should also be getting our grading permit for the Hardy Way Arsenic Site. Mike further stated that with the arsenic plants that we have ran into a little delay with the media, but it should be shipped this week. The people installing do not want to come out to install one and then come back out in another week to install another, so we will wait until we receive all the medias and then they will be installed in three to four weeks and then the plants should be on-line.
      
      Mike stated that we are also working on the PRV at the bridge and that should be completed by the end of the month and he has also been working with Jori on the Vanguard issues.
    14. Hydrologist’s Report - Michael stated that obviously he has been working on the paperwork for item #11 and that we are getting ready to begin the CO2 injections. He further stated that he is finalizing the site on Riverside for the installation of the Ranney collector and working on implementing the VRHCRP
      agreement.
    15. Engineer’s Report - Erik mentioned water conservation as a quarterly report, but with it being winter, there was not much irrigation going on. Erik stated that the Emergency Response Plan (ERP) and Vulnerability Assessment had been completed and copies of the ERP were handed out to all board members and that a couple of the Vulnerability Assessment’s had been given to Mike to keep in the safe. He explained that the Vulnerability Assessment was to be completed as if you were thinking like a terrorist and what we should be aware of and to keep the District safe.
    16. Public Comment - George stated that he had a discussion with the Chairman and President of the board and was asked how he should be addressed and other members of the board. George found in the Enabling Legislature that the Chairman is called the “Chairman of the Board” and “President of the District”;
      and for members of the board there is no limitation and they can be called “member of the board”, “board of director” or anything else. Sandra Raymaker asked about her last comments in public comment at the last meeting regarding the safety issues and Mike responded that actions are being taken to correct any problems.
      
      Sandra also questioned the board having an “Executive Session” and that it is improper and illegal according to the Open Meeting Laws. George stated that this was not an “Executive Session”, but it was an Attorney/Client consultation session which is allowed. Bob Draskovich commented regarding contracts and liquidated damages.
    17. Adjournment - President John Paul adjourned the meeting at 6:18 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-01-20 (.pdf 28K)
  - 2009-01-06: Board Meeting Minutes
    VIRGIN VALLEY WATER DISTRICT REGULAR BOARD MEETING
    VIRGIN VALLEY WATER DISTRICT OFFICE - JANUARY 6, 2009
    
    Minutes of a Regular Board Meeting of the Virgin Valley Water District Board held on
    January 6, 2009, at the Virgin Valley Water District Office at 3:00 p.m. Attending were
    President John Paul, Vice-President Kenyon Leavitt, Secretary-Treasurer Cecil Leavitt, and Board Members Ted Miller and Robert “Bubba” Smith. Also present were Michael Winters General Manager, George Benesch District Council, Michael (Boomer) Johnson Chief Hydrologist and Mary Johnson taking minutes and other interested parties of agenda items.
    - President John Paul called the meeting to order at 3:00 p.m.
    - Cecil Leavitt offered a Prayer and Kenyon Leavitt led the pledge.
    - Public Comment: Sandra Ramaker stated her concerns on a water repair on Green Park Drive on January 2, 2009 and safety violations she observed. Patrick Williams questioned the VVWD Operations Systems “Closed Bids” and when they would be opened. Mike stated that no bids have been accepted; only RFP’s to SH Architecture.
    1. Oath of Office to Re-Elected Board Member Ted Miller Notary, Mary Johnson, administered the Oath of Office to Ted as he had been re-elected to serve two more years on the Board of Directors for the Virgin Valley Water District.
    2. Elect Officers John Paul stated that he has been serving as the President and if the board so desired, he would be more than willing to continue in this position. John further stated that Cecil has been Secretary-Treasurer for years and asked if he would like to continue in this position and he stated that he would. Kenyon Leavitt was nominated as Vice-President last year and had no objections of continuing in this position.
    Ted Miller made a motion to leave as status quo and to make no changes and keep the
    officer’s of the VVWD the same with John Paul as President, Cecil Leavitt as Secretary-
    Treasurer and Kenyon Leavitt as Vice-President. Bubba Smith seconded the motion. John
    Paul asked if there were any other nominations, and seeing none, the motion was passed
    unanimously. 5-0
    
    DISCUSSION:
    Board Comments – Ted Miller questioned the District’s pressure system and if we had information on the system pressure when pipes have broken and if any pipe
    replaced had failed again. Mike Winters stated that the District did have information
    regarding the pressure and yes, pipe had failed again that had been replaced, but it
    was still the same pipe back in 1999 and 2000.
    President of Board Comments - None
    
    CONSENT AGENDA:
    John Paul had a question on item #4 regarding the company’s paperwork on page 3 stating that the rate of inflation could be applied and if the amounts were included or the amount of this item would increase. Boomer answered stating that there should be no extra service charges and the amount stated should not go higher.
    
    Bubba Smith made a motion to approve the consent agenda as listed below. Kenyon
    Leavitt seconded this motion and it was unanimously carried. 5-0
    1. Discussion & Action - Approve Agenda
    2. Discussion & Action – Approve of Minutes from 12/2/08 Regular Board Meeting
    3. Discussion & Action – Approve Bills Paid - $3,405,327.41
    4. Discussion & Action – Approve Purchase Orders Over $2,500
      
      1. Subsurface Technologies - $121,080.00 – Aqua Guard Treatment of VVWD Well Nos. 30, 31, 32 and 33
    5. Discussion & Action – Approve “Will Serve” Letters - Ratify
      
      1. Sunrise Meadows Subdivision Phase 2 – 28 EDU’s Contingent upon meeting the Criteria to Ordinance II
      
      ** End of Consent Agenda**
    6. Discussion & Possible Action – Consideration to File Complaint for Judicial Proceedings for Interpleader and Declaratory Relief
      
      George stated that he was contacted by Chris Blair, wherein he was requesting the Ordinance II fees returned on a project, Vista Rose Subdivision, now known as Santa Fe Springs Subdivision, since he is no longer the owner of the project. Chris Blair, and/or, Stone Creek Development and Bulloch Brothers Engineering had both paid the Ordinance II fees on the project before the Ordinance II fees were increased and there was an issue on ownership. George contacted Greg Bulloch with Bulloch Brothers in an effort to determine if they were agreeable to the District returning the fees to Stone Creek Development since Bulloch Brothers are the owners of the property in question and Greg stated that they were not agreeable to this since they were under the theory that the payment became part of the project deeded over in lieu of foreclosure. Since the parties cannot agree, this forces the Water District to file this action for interpleader wherein the Justice Court will decide which party is entitled to the excess payment.
      
      Ted questioned the money that the District has spent and will spend on this.
      
      Cecil Leavitt made a motion to authorize general counsel to file complaint for judicial proceedings for Interpleader and Declaratory Relief. Bubba Smith seconded this motion and it was carried by a vote of 4-1 with Ted Miller opposed.
    7. General Manager’s Report - Mike informed the board that he has been working with legal counsel regarding the polyethylene pipe failure. Concerning the crossing at the Bunkerville Bridge, Mike stated that Boomer would have more in his report, but that we were getting ready to hook into the 16” system and install the PRV vault. Mike further reported that he believes that two or three of the arsenic plants will be operational by the end of January and the others shortly thereafter. Mike further informed the board of upcoming agenda items that we would be working on.
    8. Hydrologist’s Report - Boomer stated that he has been working on the second installation of the pipe for the directional drilling at the Bunkerville Bridge and that it finally passed the pressure test on Sunday and that they were demobilizing now. The aqua guard treatment for the wells should be completed at the end of January as well as well #30 we are getting the finalization of the equipment to begin the installation of the new pumping equipment.
    9. Adjournment - President John Paul adjourned the meeting at 3:45 p.m.
    The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.
    - Board Meeting Minutes: 2009-01-06 (.pdf 20K)
- 2008
  - 2008-12-02: Board Meeting Minutes
    The December 2, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-12-02 (.pdf 17K)
  - 2008-11-18: Board Meeting Minutes
    The November 18, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-11-18 (.pdf 16K)
  - 2008-11-04: Board Meeting Minutes
    The November 4, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-11-04 (.pdf 17K)
  - 2008-10-21: Board Meeting Minutes
    The October 21, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-10-21 (.pdf 15K)
  - 2008-10-07: Board Meeting Minutes
    The October 7, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-10-07 (.pdf 21K)
  - 2008-09-02: Board Meeting Minutes
    The September 2, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-09-02 (.pdf 16K)
  - 2008-08-05: Board Meeting Minutes
    The August 5, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-08-05 (.pdf 19K)
  - 2008-07-21: Board Meeting Minutes - Special Meeting
    The July 21, 2008 VVWD Special Meeting Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-07-21: Special Meeting (.pdf 16K)
  - 2008-07-01: Board Meeting Minutes
    The July 1, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-07-01 (.pdf 19K)
  - 2008-06-17: Board Meeting Minutes
    The June 17, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-06-17 (.pdf 22K)
  - 2008-06-03: Board Meeting Minutes
    The June 3, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-06-03 (.pdf 19K)
  - 2008-05-06: Board Meeting Minutes
    The May 6, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-05-06 (.pdf 23K)
  - 2008-05-15: Board Meeting Minutes - Special Meeting
    The May 15, 2008 VVWD Special Meeting Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-05-15: Special Meeting (.pdf 17K)
  - 2008-04-15: Board Meeting Minutes - Budget Work Session
    The April 15, 2008 VVWD Budget Work Session Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-04-15: Budget Work Session (.pdf 10K)
  - 2008-04-15: Board Meeting Minutes
    The April 15, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-04-15 (.pdf 25K)
  - 2008-04-01: Board Meeting Minutes
    The April 1, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-04-01 (.pdf 16K)
  - 2008-03-18: Board Meeting Minutes
    The March 18, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-03-18 (.pdf 22K)
  - 2008-03-04: Board Meeting Minutes
    The March 4, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-03-04 (.pdf 21K)
  - 2008-03-04: Board Meeting Minutes - Work Session
    The March 4, 2008 VVWD Work Session Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-03-04: Work Session (.pdf 12K)
  - 2008-02-19: Board Meeting Minutes
    The February 19, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-02-19 (.pdf 17K)
  - 2008-02-05: Board Meeting Minutes
    The February 2, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-02-05 (.pdf 23K)
  - 2008-01-15: Board Meeting Minutes
    The January 15, 2008 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2008-01-15 (.pdf 22K)
- 2007
  - 2007-12-18: Board Meeting Minutes
    The December 18, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-12-18 (.pdf 20K)
  - 2007-12-04: Board Meeting Minutes
    The December 4, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-12-04 (.pdf 17K)
  - 2007-11-20: Board Meeting Minutes
    The November 20, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-11-20 (.pdf 22K)
  - 2007-11-06: Board Meeting Minutes
    The November 6, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-11-06 (.pdf 17K)
  - 2007-10-16: Board Meeting Minutes
    The October 16, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-10-16 (.pdf 16K)
  - 2007-10-02: Board Meeting Minutes
    The October 2, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-10-02 (.pdf 15K)
  - 2007-09-18: Board Meeting Minutes
    The September 18, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-09-18 (.pdf 16K)
  - 2007-09-04: Board Meeting Minutes - Annual Meeting
    The September 4, 2007 VVWD Annual Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-09-04: Annual Meeting (.pdf 16K)
  - 2007-08-07: Board Meeting Minutes
    The August 8, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-08-07 (.pdf 15K)
  - 2007-07-17: Board Meeting Minutes
    The July 17, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-07-17 (.pdf 18K)
  - 2007-06-19: Board Meeting Minutes
    The June 19, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-06-19 (.pdf 15K)
  - 2007-06-05: Board Meeting Minutes
    The June 5, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-06-05 (.pdf 15K)
  - 2007-05-17: Board Meeting Minutes - Budget Work Session
    The May 17, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-05-17 (.pdf 12K)
  - 2007-05-01: Board Meeting Minutes
    The May 1, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-05-01 (.pdf 14K)
  - 2007-04-17: Board Meeting Minutes
    The April 17, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-04-17 (.pdf 16K)
  - 2007-04-03: Board Meeting Minutes
    The April 3, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-04-03 (.pdf 14K)
  - 2007-03-06: Board Meeting Minutes
    The March 6, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-03-06 (.pdf 14K)
  - 2007-02-06: Board Meeting Minutes
    The February 6, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-02-06 (.pdf 18K)
  - 2007-01-16: Board Meeting Minutes
    The January 16, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-01-16 (.pdf 16K)
  - 2007-01-02: Board Meeting Minutes
    The January 2, 2007 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2007-01-02: Regular (.pdf 16K)
    - Board Meeting Minutes: 2007-01-02: Special (.pdf 11K)
- 2006
  - 2006-03-21: Board Meeting Minutes
    The March 21, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-03-21 (.pdf 21K)
  - 2006-02-07: Board Meeting Minutes
    The February 7, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-02-07 (.pdf 29K)
  - 2006-01-03: Board Meeting Minutes
    The January 3, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-01-03 (.pdf 16K)
- 2005
  - 2005-12-06: Board Meeting Minutes
    The December 6, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-12-06 (.pdf 21K)
  - 2005-11-15: Board Meeting Minutes
    The November 15, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-11-15 (.pdf 16K)
  - 2005-10-18: Board Meeting Minutes
    The October 18, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-10-18 (.pdf 20K)
  - 2005-10-04: Board Meeting Minutes
    The October 4, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-10-04 (.pdf 19K)
  - 2005-09-06: Board Meeting Minutes - Annual Meeting
    The September 6, 2005 VVWD Annual Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-09-06: Annual (.pdf 26K)
  - 2005-08-16: Board Meeting Minutes
    The August 16, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-08-16 (.pdf 22K)
  - 2005-08-02: Board Meeting Minutes
    The August 2, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-08-02 (.pdf 29K)
  - 2005-07-19: Board Meeting Minutes
    The July 19, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-07-19 (.pdf 19K)
  - 2005-07-05: Board Meeting Minutes
    The July 5, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-07-05 (.pdf 21K)
  - 2005-06-21: Board Meeting Minutes
    The June 21, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-06-21 (.pdf 20K)
  - 2006-05-18 Board Meeting Minutes
    The May 18, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-05-02 (.pdf 19K)
  - 2006-06-20: Board Meeting Minutes
    The June 20, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-06-20 (.pdf 22K)
  - 2006-11-07: Board Meeting Minutes
    The November 7, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-11-07 (.pdf 18K)
  - 2006-12-05: Board Meeting Minutes
    The December 5, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-12-05 (.pdf 13K)
  - 2006-12-19: Board Meeting Minutes
    The December 19, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-12-19 (.pdf 13K)
  - 2005-06-07: Board Meeting Minutes
    The June 7, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-06-07 (.pdf 20K)
  - 2006-06-06: Board Meeting Minutes
    The June 6, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-06-06 (.pdf 21K)
  - 2006-10-03: Board Meeting Minutes
    The October 3, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-10-03 (.pdf 16K)
  - 2006-07-18: Board Meeting Minutes
    The July 18, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-07-18 (.pdf 23K)
  - 2006-09-19: Board Meeting Minutes - Annual Meeting
    The September 19, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-09-19 (.pdf 16K)
  - 2005-05-19: Board Meeting Minutes - Budget Work Session
    The May 19, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-05-19 (.pdf 25K)
  - 2006-08-15: Board Meeting Minutes
    The August 15, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-08-15 (.pdf 27K)
  - 2006-09-05: Board Meeting Minutes
    The September 5, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-09-05 (.pdf 20K)
  - 2006-05-02: Board Meeting Minutes
    The May 2, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-05-02 (.pdf 21K)
  - 2005-04-19: Board Meeting Minutes
    The April 19, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-04-19 (.pdf 16K)
  - 2006-04-04: Board Meeting Minutes
    The April 4, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-04-04 (.pdf 17K)
  - 2005-04-05: Board Meeting Minutes
    The April 5, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-04-05 (.pdf 20K)
  - 2005-03-15: Board Meeting Minutes
    The March 15, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-03-15 (.pdf 21K)
  - 2006-03-07: Board Meeting Minutes
    The March 7, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-03-07 (.pdf 20K)
  - 2005-03-02: Board Meeting Minutes - Special
    The March 2, 2005 VVWD Special Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-03-02: Special (.pdf 18K)
  - 2006-02-21: Board Meeting Minutes
    The February 21, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-02-21 (.pdf 44K)
  - 2005-02-15: Board Meeting Minutes - Evaluations
    The February 15, 2005 VVWD Evaluations Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-02-15: Evaluations (.pdf 24K)
  - 2005-01-18: Board Meeting Minutes
    The January 18, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-01-18 (.pdf 20K)
  - 2005-01-04: Board Meeting Minutes
    The January 4, 2005 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2005-01-04 (.pdf 21.7K)
By-Laws
- Amendments
  
  These By-Laws may be repealed, altered or amended, or new By-Laws may be adopted, by 'the vote of the Board of Directors which constitutes a majority of the voting power of the entire Board.
  
  Whenever any amendment or new By-Law is adopted, it shall be copied in the book of By-Laws with the origi·nal By-Laws, and immediately after them. If any By-Law is repealed, the fact of the repeal, with the date of the meeting at which the repeal was made shall be filed in said book.
- Appointment of General Manager & Assistant General Manager
  
  General Manager. The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may payout funds of the District on the check of the Virgin Valley Water District not to exceed twenty-five thousand ($25,000.00) without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Office Manager. The General Manager, in addition to the President, shall have the authority to sign contracts, and other instruments, which shall first have been approved by the Board of Directors. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.
  
  Assistant General Manager. The Board may appoint an Assistant General Manager who shall have the same authority and powers as the General Manager. Actions taken by the Assistant General Manager on behalf of the General Manger shall be reported to the Board at the next regularly scheduled meeting in the same manner as those of the General Manager. The Assistant General Manager must not be a member of the Board.
- Arizona Water Service
  
  Pending a comprehensive study by the District or determination that the District has an adequate, available and developable water source sufficient to meet its primary function and operation, the District is unable and unwilling to make any commitment to b'ecome the transferee in the matter of the Application of the Mesquite Farmstead Water Association for the Approval of the Sale of Assets and Transfer of the Certificate of Convenience and Necessity to the Virgin Valley Water District, pending before the Arizona Corporation Commission, Docket Nos. U-2513-94-059 and U-3022-94-59
- Board of Directors
  1. The first governing board of the Virgin Valley Water District consists of the members of the governing board of the Mesquite Farmstead Water Association sitting on July 1, 1993, who shall continue operation of the District until the appointment and election of their successors pursuant to a general district election held in conjunction with the general election of Clark County in 1994 and with each such general election every year thereafter. Two of the members of the Board elected in 1994, shall be chosen by lot, shall serve terms of four (4) years, and the remaining members elected in 1994 shall serve terms of two (2) years.
  2. The governing board who collectively shall be known as the Board of Directors, shall have the power to conduct, manage and control the affairs and business of the Virgin Valley Water District and to make all rules and policies not inconsistent with the laws of the State of Nevada for the guidance of the officers and management of the affairs of the Virgin Valley Water District.
  3. Except as otherwise provided by law or these By-Laws each member of the Board must:
    - Reside in the district for at least six (6) months before his or her appointment or the election at which the member is elected;
    - Be a qualified elector of the district;
    - If he or she is elected to office, ·be elected by a plurality of the qualified electors of the district; and
    - Take office upon qualification therefore the first Monday in January next following the member's election or appointment, whichever is later, and leave office upon the first Monday in January next following the election or appointment of the member's successor in office.
  4. If the Board establishes various election areas within the district, each member who is elected to the Board must;
    - Reside in the election area represented for at least (6) months before the election at which the member is elected;
    - Be a qualified elector of the election area represented;
    - Be elected by a plurality of the qualified electors of the election area represented; and
    - Take office upon qualification therefore the first Monday in January next following the member's election or appointment, whichever is later, and leave office upon the first Monday in January next following the election or appointment of the member's successor in office.
  5. Vacancies in the Board of Directors shall be filled by appointment of the remaining members of the Board and if the Board fails, neglects or refuses to fill the vacancy within thirty (30) days after a vacancy occurs, the Board of County Commissioners of Clark County shall fill the vacancy. Each member appointed to hold office as a director shall hold office for a term of not to exceed two (2) years.
  6. Effective July 1, 1995, merrlbers of the Board of Directors, in addition to reasonable per diem and travel expenses, shall receive a salary of eighty dollars ($80.00) per day for attendance at meetings and other District business.
- Election Areas
  
  The Board may establish and adjust various election areas within the district. Such area"s must be established to assure, as nearly as practicably, equal representation upon the Board for all residents of the district.
- Fiscal Year
  
  The fiscal year of the Virgin Valley Water District shall begin on the 1st day of July each year.
- Legal, Accounting and Engineering Services
  
  The Board shall delegate the power to the officers of the District to retain necessary legal, accounting, and/or engineering services subject to such conditions and restrictions as may be imposed by the Board.
- Meetings of the District
  1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 3:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel a meeting. Notices of cancellation shall be posted in accordance with the· requirements of Chapter 241 of the Nevada Revised Statutes known as the Nevada Open Meeting Law, as amended.
  2. There shall be an annual meeting of the Board of Directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
  3. Meetings of the Board of Directors may be held at any time within or without the District and at any place so desired by the Board of Directors when such place is fixed by a majority of the entire Board.
  4. At all meetings of the Board of Directors, a simple majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and the act of a simple majority of the directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by statute.
  5. Special meetings of the members of the Board of Directors may be called at any time by the president or at the written request of at least three (3) members of the said Board.
  6. Notice and agendas of all meetings of the District shall be mailed or otherwise provided to each member of the Board of Directors at least three (3) days before such meeting and posted and otherwise distributed in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes known as the Nevada Open Meeting Law, as amended.
  7. At all meetings of the District, three (3) members shall constitute a quorum.
- Name
  The name of this District is: VIRGIN VALLEY WATER DISTRICT
  
  For your convenience, the full version of the Virgin Valley Water District By-Laws may be downloaded by clicking on the link below.
  - Virgin Valley Water District By-Laws - Rev. 02/2008 (.pdf 516K)
- Notice
  
  Whenever under the provisions of these By-Laws notice is required to be given any director, or officer or employee, it shall not be construed to mean personal notice accompanied by an agenda, but such notice and agendas may be given by mail, by depositing the same in Post Office or letterbox in a postpaid sealed envelope, addressed to such director, officer or employee at such address as appears in the minute book or other records of the secretary-treasurer of the District, or in default of other address, to such director, officer or employee at the general Post Office in the city of his last known residence, and such notice shall be deemed to be given at the time when the same shall be thus mailed.
- Officers
  The officers of the District shall be chairman of the Board and president, vice president and secretary-treasurer and such other officers as the Board of Directors may appoint or elect. All officers shall be elected a the first meeting of the Board of Directors held on the second Wednesday of each and every January by the members of the Board of Directors and shall serve for one (1) year. When the duties do not conflict, one person may hold more than one of these offices:
  1. President and Chairman of the Board. The Board of Directors shall, at the meeting of the District, elect one of its members to act as president and chairman of the Board; the president and chairman of the Board shall preside over all meetings of the said District and the directors.
    
    The president (and/or the General Manager) shall sign all contracts and other instruments in writing which shall have first been approved by the Board of Directors, and shall have the right to draw checks upon the treasury when thereto directed by the Board of Directors, and countersigned by the secretary-treasurer, or vice president.
  2. Vice President. In the case of absence of the president, or his inability to act, the vice president shall act as president and chairman of the Board, provided however that the vice president may countersign checks in the absence of either the treasurer or president.
  3. Secretary-Treasurer. The secretary-treasurer shall keep a full and complete record of the proceedings of the Board of Directors and of all regular and special meetings held thereby; shall keep the seal of the District and affix the same to papers and instruments as may be required in the regular scope of business; shall make service of such notices and agendas as may be necessary or proper; shall supervise and control the keeping of the books and accounts of the District; shall attest all contracts signed by the president; and shall discharge such
    other duties as pertain to the office or as are prescribed by the Board of Directors.
    
    The secretary-treasurer shall also supervise the receipt and safe keeping of all funds of the District and deposit the same in such bank or banks as may be designated by the Board of Directors. Except as otherwise provided herein, such funds shall be paid out only on the check of the Virgin Valley Water District upon two signatures which shall be any two of the three officers, to-wit: the president, the vice president and the secretary-treasurer. Amounts less than twenty-five thousand dollars ($25,000.00 may be paid out on the check of the Virgin Valley Water District upon the signatures of the duly appointed General Manager and Office Manager.
    
    The secretary-treasurer shall also supervise the distribution of the funds of the District as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the president and directors at the regular meetings of the Board, or whenever they may require it, an account of all transactions and of the general financial condition of the District.
    
    The secretary-treasurer shall give the District a bond in a sum fixed by the Board of Directors and with one or more sureties satisfactory to the Board or by a corporate surety, for the faithful performance of the duties of his or her office, and for a restoration to the District in case of his or her death, resignation, retirement, or removal from office of all books, papers, vouchers, money and other property of whatever kind in his or her possession or under his or her control belonging to the District. The secretary-treasurer mayor may not be a member of the Board.
  4. Absence of Officers. In case of the absence of any officer of the District or for any other reason that the Board may deem sufficient, the Board may delegate, for the time being, the powers or duties, or any of them of such officer to any other officer, or director, provided a majority of the entire Board concur therein.
- Offices
  
  The Virgin Valley Water District shall maintain in its principal office for transaction of its business in the city of Mesquite, County of Clark, State of Nevada.
- Powers, Duties, Compensation and Benefits
  
  The Board shall prescribe the powers, duties, compensation and benefits of all officers and employees of the District and require all bonds necessary to protect the money and property of the District.
- Seal
  
  The Virgin Valley Water District shall have a common seal having the words Virgin Valley Water District prominently displayed thereon but otherwise in the form approved by the President.
- Resolutions
  - 2008-10-07: Annual Meeting Times
    WHEREAS, the annual meeting of the Board of Directors is scheduled for the first Tuesday in September; and
    
    WHEREAS, Board members have expressed a preference for the annual meeting to be held the first Tuesday in October in order to consider the results of the annual audit.
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:
    1. There shall be an annual meeting of the board of directors held on the first Tuesday of October of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    - Resolution 2008-10-07: Annual Meeting Times (.pdf 384K)
  - 2008-08-05: Board Meeting Agenda
    The August 5, 2008 VVWD Board Meeting Agenda is available for download.
    - Board Meeting Agenda: 2008-08-05 (.pdf 16K)
  - 2008-03-04: 2008 Bond Ordinance
    - Resolution 2008-03-04: 2008 Bond Ordinance (.pdf 6.1M)
  - 2007-11-26: Issue Water Bonds
    - Resolution 2007-11-26: Issue Water Bonds (.pdf 1.4M)
  - 2007-10-16: Notify DMC to Issue Bond
    - Resolution 2007-10-16: Notify DMC to Issue Bond (.pdf 348K)
  - 2007-10-16: Amend Ordinance 2
    WHEREAS, on February 28, 1996, the Board adopted Ordinance No. 2 and the Criteria Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service; and
    
    WHEREAS, the Board has determined that it is in the best interest of the District, as well as the public and development community, to amend Ordinance No. 2 to include the provision that the payment of compensation in lieu of dedicating water rights or any other fees are nonrefundable.
    
    NOW, THEREFORE, BE IT RESOLVED
    
    That Section 4 of Ordinance No. 2 be amended or otherwise modified from the following:
    - Nature of Dedication. The dedication of water rights and facilities required herein will be satisfied if the applicant enters into an agreement with the District secured by a performance bond or other undertaking acceptable to the Board or its designee. The agreement must constitute a binding offer to dedicate or to pay substitute compensation, conditioned only upon final approval of the application for water service.
    To read as follows:
    1. Nature of Dedication. The dedication of water rights and facilities required herein will be satisfied if the applicant enters into an agreement with the District secured by a performance bond or other undertaking acceptable to the Board or its designee. The agreement must constitute a binding nonrevocable offer to dedicate or to pay the appropriate non-refundable compensation, conditioned only upon final approval of the application for water service.
    - Resolution 2007-10-16: Amend Ordinance 2 (.pdf 52K)
  - 2007-04-17: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;
    
    WHEREAS, a majority Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 3:00 p.m. in lieu of 5:00 p.m.;
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:
    1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when no meeting is necessary or such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 3:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager, in his sole discretion, may cancel a regularly scheduled or special
      meeting. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    - Resolution 2007-04-17: Board Meeting Times (.pdf 704K)
  - 2006-08-15: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;
    
    WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 5:00 p.m. in lieu of 2:00 p.m.;
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:
    1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 5:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellations hall be posted in accordance with the
      requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
      meeting heretofore provided for.
    - Resolution 2006-08-15: Board Meeting Times (.pdf 52K)
  - 2006-06-20: Augment 2005-2006 Budget
    WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $4,903,307 on July 1,2005; and
    
    WHEREAS, the expenses are now determined to be $5,303,307; and
    
    WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.
    
    NOW, THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 2005-2006 budget by appropriating $400,000 for use in the Proprietary Fund, thereby increasing its appropriations from $4,903,307 to $5,303,307.
    
    IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents
    to the Department of Taxation, State of Nevada.
    - Resolution 2006-06-20: Augment 2005-2006 Budget (.pdf 32K)
  - 2006-05-18: Board Meeting Minutes - Budget Work Session
    The May 18, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-05-18: Budget Work Session (.pdf 20K)
  - 2006-05-02: Board Meeting Minutes
    The May 2, 2006 VVWD Board Meeting Minutes are available for download.
    - Board Meeting Minutes: 2006-05-02 (.pdf 24K)
  - 2006-02-21: Series 2006 Bond
    - Resolution 2006-02-21: Series 2006 Bond (.pdf 3.6M)
  - 2005-07-19: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;
    
    WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 2:00 p.m. in lieu of 4:00 p.m.;
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DIS-TRICT pertaining to Meetings of the District shall provide as follows:
    1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 2:00 o=clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
      meeting heretofore provided for.
    - Resolution 2005-07-19: Board Meeting Times (.pdf 52K)
  - 2005-07-05: Sale of Bonds
    - Resolution 2005-07-05: Sale of Bonds (.pdf 180K)
  - 2005-06-21: Augment 2004-2005 Budget
    WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $4,829,601 on July 1, 2004; and
    
    WHEREAS, the expenses are now determined to be $5,541,056; and
    
    WHEREAS, said additional expenses are:
    - Operating Expenses (excluding depreciation) $ 560,000
    - Non-Operating Expenses 151,455
    - Total $ 711,455
    WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.
    
    NOW THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 2004-2005 budget by appropriating $711,455 for use in the Proprietary Fund, thereby increasing its appropriations from $4,829,601 to $5,541,056. A detailed schedule is attached to this Resolution and by reference is made a part hereof.
    
    IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents to the Department of Taxation, State of Nevada.
    - Resolution 2005-06-21: Augment 2004-2005 Budget (.pdf 44K)
  - 2004-02-03: Series 2004 Bond
    - Resolution 2004-02-04: Series 2004 Bond (.pdf 276K)
    - Resolution 2004-02-04: Series 2004 Bond Ordinance (.pdf 3.4M)
  - 2004-01-06: Sale of Bonds
    - Resolution 2004-01-06: Sale of Bonds (.pdf 160K)
  - 2003-10-09: Series 2003 Bond
    - Resolution 2003-10-09: Series 2003 Bond (.pdf 2.7M)
  - 2003-04-09: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;
    
    WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 4:00 p.m. in lieu of the second and fourth Wednesday at 6:00 p.m.;
    
    WHEREAS, Board members have expressed a preference for the annual meeting to be held the first Tuesday in September in lieu of the fourth Wednesday in August.
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:
    1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 4:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellation shall be posted in accordance with the
      requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
      meeting heretofore provided for.
    - Resolution 2003-04-09: Board Meeting Times (.pdf 48K)
  - 2003-01-22: Sale Of Bonds
    - Resolution 2003-01-22: Sale of Bonds (.pdf 188K)
  - 2002-01-09: PO Procedures
    WHEREAS, it has been determined by the Board that there is a need for the establishment of a policy with regard to purchasing and purchase order procedures; and
    
    WHEREAS, it has been determined that the operation of the District Will be improved by the adoption of a policy with regard to purchasing and purchase order procedures,
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the policy of the District with respect to the General Manager and purchasing is as follows:
    1. The General Manager has authority to purchase items and services as necessary, and otherwise execute purchase orders, in amounts up to and including $2,500.
    2. Purchases in excess of $2,500 shall be brought before the Board of Directors for its consideration and purchase orders for items and services in excess of $2,500 shall only be executed by the President of the Board or the General Manager after consideration and approval of the Board;
    3. If it is determined by the General Manager that there is an urgency or emergency that requires the purchase of items or services in excess of $2,500 prior to the next regularly scheduled Board of Directors meeting, the General Manager shall contact and obtain approval from at least three Board members prior to his execution of a purchase order addressing the purchase of items or services in excess of $2,500.
    - Resolution 2002-01-09: PO Procedures (.pdf 52K)
  - 2002-01-01: Amend Ordinance 2
    WHEREAS, on February 28, 1996, the Board adopted Ordinance No. 2 and the Criteria for Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service; and
    
    WHEREAS, the Board has determined that it is in the best interest of the District, as well as the public and development community, to determine impact fees on the basis of Equivalent Meter Ratios.
    
    NOW, THEREFORE, BE IT RESOLVED
    1. That the Board of Directors of ,the Virgin Valley Water District hereby adopts the amended CRITERIA FOR REQUIRED DEDICATION OF WATER RIGHTS PURSUANT TO VIRGIN VALLEY WATER DISTRICT ORDINANCE IVO. 2 as follows:
      
      The District reserves the right to adjust and modify the amount of water rights
      required for dedication from time to time at the discretion of the General Manager
      with the concurrence of the Board of Directors.
      
      Amount. The amount of required dedicated water rights, pursuant to Virgin Valley Water District (hereinafter "District") Ordinance No. 2 is one (1) Acre Foot Annually (AFA) for each Equivalent Dwelling Unit ("EDU") established for the meter size as follows: (see attachment)
    2. Payment in Lieu of Dedication. The primary purpose of the underlying ordinance is to provide for future water supply, and in this regard dedication of water rights is strongly encouraged. In many instances, however, it is recognized that dedication of actual water rights may be disproportionately burdensome, impracticable, or otherwise inconsistent with a water rights holder's long term plans for use of his or her property including his or her water rights. Payment of a fee may therefore be substituted for dedication of actual water rights.
      
      In the event an applicant elects to pay a fee in lieu of the dedication of actual water rights, the fee shall be the combined sum of the fair market value of the water right plus the cost of preparing and filing record of conveyance of ownership and applications to change the point of diversion, place of use and manner of use under Chapter 533 of the Nevada Revised Statutes as determined by the District Engineer such that the fee paid in lieu of actual dedication of water rights is not less than the value of water rights and required costs as if actual dedication of water rights has occurred.
      
      The burden of establishing the fair market value to the satisfaction of the General Manager of the District lies with the applicant and any and all costs associated therewith are the applicant's sole responsibility. The District reserves the right to require an appraisal or other suitable means of determining such value.
    3. Conditions. Dedication of water rights must meet the following conditions:
      
      The applicant must submit proof of the validity of the water right and a complete abstract or chain of title establishing ownership. The water right must be in good standing. The District reserves the right to request proof of use within the proceeding five (5) years and may refuse to accept a water right not so utilized.
      
      The water right must be legally available for beneficial use of the District within its established service area. All costs of transfer of any point of diversion or changes in manner or place of use shall be the responsibility of the applicant and the appropriate application to change the point of diversion, place of use and manner of use consistent with the requirements of the District shall be filed with the State of Nevada, Department of Conservation and Natural Resources, Division of Water
      Resources prior to the issuance of a will-serve letter by tlie District.
    - Resolution 2002-01-01: Amend Ordinance 2 (.pdf 84K)
  - 2001-09-12: Sale of Bonds
    - Resolution 2001-09-12: Sale of Bonds (.pdf 240K)
  - 2001-08-22: Reimburse Expenditures
    WHEREAS, pursuant to Chapter 100, Statutes of Nevada 1993, as amended (the "District Act"), 350.500 to 350.720, inclusive, Nevada Revised Statutes (the "Bond Act") and 350.350 to 350.490, inclusive, designated in 350.350 as the "Water and Sewer Revenue Bond Law" (the "Water and Sewer Act"), the Board (the "Board") of the Virgin Valley Water District (the "District"), Nevada is authorized to issue revenue bonds in order to finance wholly or in part the costs 'to acquire, construct, or improve lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structure, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to carry out the powers of the District set forth in Section 3 of the District Act (the "Project").
    
    NOW, THEREFOFW, BE IT RESOLVED BY THE GOVERNING BOARD OF VIRGIN VALLEY WATER DISTRICT, NEVADA:
    
    Section 1. In order to permit the District to reimburse itself for prior expenditures
    relating to the Project with the proceeds of tax-exempt obligations, the Board hereby determines and declares as follows:
    - The District reasonably expects to incur expenditures with respect to the Project prior to the issuance of tax-exempt obligations for financing the Project and to reimburse those expenditures from the issuance of tax-exempt obligations and
    - The maximum principal amount of tax-exempt obligations expected to be used to reimburse such expenditures is $7,000,000.
    This resolution shall be effective on its passage and approval.
    - Resolution 2001-08-22: Reimburse Expenditures (.pdf 132K)
  - 2001-04-11: Deferred Compensation
    WHEREAS, the Virgin Valley Water District has considered the establishment of a new Deferred Compensation Plan to be made available to any employee for which compensation is paid pursuant to Section 457 (b) of the Internal Revenue Code of 1986,
    as amended;
    
    WHEREAS, Eligible Employees would receive certain tax benefits through participation in a deferred compensation plan;
    
    WHEREAS, such benefits act as incentives for Eligible Employees to direct a portion of their current income to a deferred compensation plan that will provide for the payment of deferred compensation upon retirement or separation from service as well as death benefits in the event of death before or after separation from service;
    
    WHEREAS, such new Deferred Compensation Plan would be made available in addition to, and provide Eligible Employees with an investment alternative to, any prior Section 457(b) plans established by the Employer;
    
    WHEREAS, Aetna Life Insurance and Annuity company has provided the specimen Public Employer Deferred Compensation Plan (the "Plan") attached as Exhibit A hereto for the consideration of the Employer's counsel;
    
    WHEREAS, the Employer has consulted with counsel and concluded that the specimen document is suitable to accomplish the Employer's objectives in establishing the new Deferred Compensation Plan;
    
    WHEREAS, Aetna Life Insurance and Annuity Company or its affiliates, have offered to provide investment products and administrative services to the new Deferred Compensation Plan on terms acceptable to the Employer; and
    
    WHEREAS, Aetna Life Insurance and Annuity company or one of its corporate affiliates ("Aetna") agrees to hold harmless and indemnify the Employer, its appointed and elected officers and employees against any and all claims, actions and suits made or brought by any person or persons arising out of any negligence or wrongdoing of Aetna in connection with the specific investment products provided and administrative services rendered by Aetna to the Plan;
    
    NOW THEREFORE IT IS HEREBY:
    
    RESOLVED: That the establishment of a new Deferred Compensation Plan be, and it hereby is, approved.
    
    RESOLVED: That the General Manager be, and he is, authorized to adopt a new Deferred Compensation Plan on behalf of the Employer by executing in the Employer's name a Plan document in substantially the same form as Exhibit A hereto.
    
    RESOLVED: That Aetna Life Insurance and Annuity Company andlor its appropriate corporate affiliate be, and it hereby is, selected as the exclusive provider of investment products and administrative services to the Plan.
    
    RESOLVED: That the following public officials be, and they hereby are, appointed as the Plan Committee within the meaning of Section 3.01 of the Plan document for the purpose of discharging the administrative responsibilities of the Employer under the new Deferred Compensation Plan:
    - Michael Winters, General Manager
    - Mary Johnson, Administrative Assistant
    - John Gleave, CPA, Chief Financial Officer
    RESOLVED: That the Plan Committee be, and it hereby is, authorized and directed to enter into such contractual arrangements with Aetna as shall be reasonably necessary to provide for the furnishing of investment product and administrative services to the Plan.
    
    IT IS HEREBY FURTHER ORDERED, that a true copy of this Resolution be spread
    among the District's record of this date.
    - Resolution 2001-04-11: Deferred Compensation (.pdf 72K)
  - 2000-09-13: Organization Account Agreement
    - Resolution 2000-09-13: Organization Account Agreement (.pdf 156K)
  - 2000-06-28: Augment 1999-2000 Budget
    WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $2,305,482 on July 1, 1999; and
    
    WHEREAS, the expenses are now determined to be $3,018,018; and
    
    WHEREAS, said additional expenses are:
    - Operating Expenses (excluding depreciation) $ 470,000
    - Depreciation 90,000
    - Non-Operating Expenses 152.536
    - Total $ 712,536
    WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.
    
    NOW, THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 1999-2000 budget by appropriating $712,536 for use in the Proprietary Fund, thereby increasing its appropriations from $2,305,482 to $3,018,018. A detailed schedule is attached to this Resolution and by reference is made a part hereof'.
    
    IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents
    to the Department of Taxation, State of Nevada.
    - Resolution 2000-06-28: Augment 1999-2000 Budget (.pdf 52K)
  - 2000-02-09: Appointment of Assistant General Manager
    WHEREAS, the appointment and duties of the General Manager are set forth in the duly adopted By-Laws; and
    
    WHEREAS, it has been determined that there is a need for the appointment of an individual to, from time to time, act in the place and stead of the General Manager; and
    
    WHEREAS, it has been determined that the efficiency of the operation of the District will be improved by appointing a assistant to the General Manager assigning the same authority to that individual as that of the General Manager,
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the District be ammended to include a provision for the appointment and authority of an Assistant
    General Manager to be included as the final paragraph under the section entitled
    "Appointment of General Manager" (which upon passage shall be renamed
    "Appointment of General Manager and Assistant General Manager") and shall provide as follows:
    
    The board may appoint an Assistant General Manager who shall have the same authority and powers as the General Manager. Actions taken by the Assistant General Manager on behalf of the General Manger shall be reported to the Board at the next regularly scheduled meeting in the same manner as those of the General Manager. The Assistant General Manager must not be a member of the-board.
    - Resolution 2000-02-09: Appointment of Assistant General Manager (.pdf 64K)
  - 1999-09-08: GM Sign up to $25,000
    WHEREAS, the duties and responsibilities of the President with respect to the execution of contracts is set forth in the duly adopted By-Laws; and
    
    WHEREAS, the By-Laws require that the President execute all contracts presented to and approved by -the Board; and
    
    WHEREAS, the duties and responsibilities of the General Manager with respect to purchases of items and services is limited to fifteen thousand dollars ($15,000.00) without prior approval of the Board;
    
    WHEREAS, it has been determined that the efficiency of the operation of the District will be improved by assigning the authority for execution of contracts (approved by the Board) to the General Manager as well as the President; and
    
    WHEREAS, it has been determined that the efficiency of the operation of the District may be further improved by extending the purchasing authority of the General Manager to twenty-five thousand dollars ($25,000.00)
    
    NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the District pertaining to the execution of contracts approved by the Board and p6chases of items and services by the General Manager shall be changed from:
    
    The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may purchase items and services in amounts not to exceed twenty-five hundred dollars ($2,500.00) unless it is for the maintenance and operation of the District system, then the General Manager may purchase items and services in amounts not to exceed fifteen thousand dollars ($15,000.00). The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed fifteen thousand dollars ($15,000.00) without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.
    
    To provide as follows:
    
    The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed twenty-five thousand dollars ($25,000.00) without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. The General Manager, in addition to the President, shall have the authority to sign contracts, and other instruments, which shall first have been approved by the Board of Directors. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.
    
    NOW, THEREFORE, IT IS FURTHER RESOLVED, that paragraph 1 of the By-Laws pertaining to Officers shall be changed from:
    
    The president shall sign all contracts and other investments in writing which shall have first been approved by the Board of Directors, and shall have the right to draw checks upon the treasury when thereto directed by the Board of Directors, and countersigned by the secretary-treasurer or vice-president,
    
    To provide as follows:
    
    The president (andlor the General Manager) shall sign all contracts and other instruments in writing which shall have first been approved by the Board of Directors, and shall have the right to draw checks upon the treasury when thereto directed by the Board of Directors, and countersigned by the secretary-treasurer or vice-president.
    - Resolution 1999-09-08: GM Sign up to $25,000 (.pdf 84K)
  - 1999-07-14: Issuance of Bonds
    WHEREAS, pursuant to Chapter 100, Statutes of Nevada 1993, as amended (the "District Act"), 350.500 to 350.720, inclusive, Nevada Revised Statutes (the "Bond Act") and 350.350 to 350.490, inclusive, designated in 350.350 as the "Water and Sewer Revenne Bond Law" (the "Water and Sewer Act"), the Board (the "Board") of the Virgin Valley Water District (the "District"), Nevada is authorized to issue revenue bonds in order to finance wholly or in part the costs to acquire, construct, or improve lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structure, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to carny out the powers of the District set forth in Section 3 of the District Act (the "Project").
    
    NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
    VIRGIN VALLEY WATER DISTRICT, NEVADA:
    
    Section 1. This resolution and may be cited by the short title "1999 Water Bond Sale Resolution."
    
    Section 2. The District Manager or his designee is hereby authorized to arrange for the issuance and sale of the "Virgin Valley Water District, Nevada Water Revenue Bonds, Series 1999" (the "Bonds") to finance all or any part of the Project, in accordance with the District Act, Bond Act and the Water and Sewer Act.
    
    Section 3. The District Manager or his designee is authorized to specify the terms of the Bonds, the final principal of the Bonds (not in excess of $10,000,000) the terms of their repayment and security therefor, and other details of the Bonds; and if appropriate, to advertise the Bonds for public sale, and to execute a contract for the sale or accept bids for Bonds, subject to NRS 350.105 to 350.195, inclusive, and to ratification by the Board by adoption of one or more ordinances authorizing the issuance of the Bonds.
    
    Section 4. The officers and employees of the District are hereby authorized to take all action necessary or appropriate to effectuate the provisions of this resolution, including
    without limitation (a) assembling of financial and other information concerning the District, the Project, and the Bonds, and (b) preparing, approving and circulating an official statement for the Bonds, and, if deemed appropriate by the District Manager or his designee, preparing and circulating a preliminary official statement in the form specified by the District Manager or his designee. The District Manager or his designee is authorized to deem the official statement or preliminary official statement to be a "final" official statement on behalf of the District for the purposes of Rule 15c2-12 of the Securities and Exchange Commission.
    
    Section 5. In order to permit the District to reimburse itself for prior expenditures relating to the Project with the proceeds of bonds, the Board hereby determines and declares as follows:
    - The District reasonably expects to incur expenditures with respect to the Project prior to the issuance of bonds for financing the Project and to reimburse those expenditures from the issuance of bonds; and
    - The maximum principal amount of bonds expected to be used to reimburse such expenditures is $10,000,000.
    Section 6. This resolution shall be effective on its passage and approval.
    - Resolution 1999-07-14: Issuance of Bonds (.pdf 176K)
  - 1999-01-27: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public,
    
    WHEREAS, Board members have expressed a preference for meetings to be held
    at 6:00 p.m. in lieu of 7:00 p.m.
    
    WHEREAS, there is not always a sufficient amount of business to conduct two
    meetings a month,
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall
    provide as follows:
    
    The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 6:00 p.m., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel a meeting. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes known as the Nevada Open Meeting Law, as amended.
    - Resolution 1999-01-27: Board Meeting Times (.pdf 40K)
  - 1997-08-27: Modify Water Rates
    WHEREAS, as a result of the change in the costs, conditions and infrastructure needs of the Virgin Valley Water District, the Board duly commissioned an independent study and analysis of water rates; and
    
    WHEREAS, the study and analysis of water rates undertaken by the independent entity CH2M Hill included public input together with an assessment of projected future costs and needs; and
    
    WHEREAS, the result of the study and analysis undertaken by CH2M Hill included a recommendation that water rates be increased or otherwise modified in the spirit of encouraging further conservation; and
    
    WHEREAS, the Board finds that the increase in minimum service charges and the modified block charging for water is in the best interest of the public health, safety and welfare.
    
    NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Virgin Valley Water District hereby adopts the modified monthly minimum charge and block pricing for water as follows: (see PDF attachment)
    
    BE IT FURTHER RESOLVED that the modified monthly minimum charge and block rate pricing shall become effective January 1, 1998.
    - Resolution 1997-08-27: Modify Water Rates (.pdf 96K)
  - 1997-07-23: Annual Board Meeting Time
    WHEREAS, the annual meeting of the Board of Directors is scheduled for the fourth Wednesday of July of each and every year;
    
    WHEREAS, more time is required to prepare reports that are to be presented at the annual meeting; and
    
    WHEREAS, it is in the best interest of the District to hold the annual meeting on the fourth Wednesday of August of each and every year.
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall be changed from:
    
    There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of July of each and every year at which time a report of the business
    transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    
    To provide as follows:
    
    There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of August of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    - Resolution 1997-07-23: Annual Board Meeting Time (.pdf 44K)
  - 1995-11-08: Arizona Water Service
    WHEREAS, on July 1, 1993, the Virgin Valley Water District (hereinafter "Districtu) was created by the Nevada Legislature pursuant to Chapter 100, Statutes of Nevada, 1993; and
    
    WHEREAS, Chapter 100, Statutes of Nevada, 1993, was amended effective July 1, 1995, by the Nevada Legislature pursuant to Chapter 608, Statutes of Nevada, 1995, and
    
    WHEREAS, Chapter 100, Statutes of Nevada, 1993, as amended, provides in applicable part in section 3, subsection 21 for delivery of water to users in Mohave County Arizona who are located in the Virgin Valley in accordance with the provisions of NRS 533.315 and 533.520, for an appropriate charge, consideration or exchange made thereof, when such supply is available or can be developed as an incident of or in connection with the primary function and operation of the District, and
    
    WHEREAS, the availability and developability of future water sources with regard to the primary function and operation of the District is presently unknown, and
    
    WHEREAS, a certificate of convenience and necessity from the State of Arizona is a prerequisite for future long-term water service by the District to customers in Mohave County, Arizona, and
    
    THEREFORE, BE IT, AND IT HEREBY IS, RESOLVED that pending a comprehensive study by the District or determination that the District has an adequate, available and developable water source sufficient to meet its primary function and operation, the District is unable and unwilling to make any commitment to become the transferee in the matter of the Application of the Mesquite Farmstead Water Association for the Approval of the Sale of Assets and Transfer of the Certificate of Convenience and Necessity to the
    Virgin Valley Water District, pending before the Arizona Corporation Commission, Docket Nos. U-2513-94-059 and U-3011-94-59.
    - Resolution 1995-11-08: Arizona Water Service (.pdf 52K)
  - 1995-09-13: Board Member Compensation
    WHEREAS, on May 10, 1993, Governor Bob Miller signed into law Chapter 100, Statutes of Nevada, 1993, creating the Virgin Valley Water District; and
    
    WHEREAS, on June 19, 1995, Governor Bob Miller signed into law Chapter 266, Statutes of Nevada, 1995 expanding the service area of the District, providing for the annexation of the Bunkerville Water Users Association into the District and providing a salary for members of the governing board of the District; and
    
    WHEREAS, Section 7 of Chapter 266 Statutes of IVevada, 1995 provides in applicable part as follows: Section 9 of chapter 100, Statutes of Nevada 1993, at page 166, is
    hereby amended to read as follows: Members of the board are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the board, for their attendance at meetings and conduct of other district business[.]; and
    
    WHEREAS, Chapter 266, Statutes of Nevada 1995 became effective on July 1, 1995,
    
    THEREFORE, BE IT, AND IT HEREBY IS, RESOLVED that the By-Laws of the Virgin Valley Water District pertaining to Board of Directors shall be changed by adding a paragraph after Section 4 which provides:
    
    Effective July 1, 1995, members of the Board of Directors, in addition to reasonable per diem and travel expenses, shall receive a salary of eighty dollars ($80.00) per day for attendance at meetings and other District business.
    - Resolution 1995-09-13: Board Member Compensation (.pdf 44K)
  - 1995-01-25: Elected Board Members
    WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT provide that newly elected and/or appointed members of the Board take office the first Monday in January following the members election and/or appointment;
    
    WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT state that all officers shall be elected at the annual meeting of the Board of Directors and shall serve until the next succeeding annual meeting ;
    
    WHEREAS, the annual meeting of the VIRGIN VALLEY WATER DISTRICT is held on the fourth Wednesday of July of each and every year ;
    
    WHEREAS, it is in the best interest of the District to have officers elected at the first meeting of the Board of Directors held on the second Wednesday of each and every January;
    
    WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT do not actually state who elects the officers to serve on the Board of Directors;
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Officers of the District shall be amended to provide that:
    
    All officers shall be elected at the first meeting of the Board of Directors held on the second Wednesday of each and every January by the members of the Board and
    shall serve for one year.
    - Resolution 1995-01-25: Elected Board Members (.pdf 44K)
  - 1994-11-09: Office Manager Sign Checks
    WHEREAS, the By-Laws of the Virgin Valley Water District allow for the President, Vice-President, General Manager, and Secretary-Treasurer to sign checks of the Virgin Valley Water District;
    
    WHEREAS, two signatures are required on the check of the Virgin Valley Water District;
    
    WHEREAS, Board officials authorized to sign checks are employed elsewhere and it is difficult to obtain two signatures on checks for daily business activities during working hours;
    
    WHEREAS, the Office Manager is available in the Virgin Valley Water District office during business hours;
    
    NOW THEREFORE, be it and it hereby is resolved that the By-Laws of the Virgin Valley Water District shall be amended to provide for the Office Manager of the Virgin Valley Water District to be authorized to sign checks and to transfer funds from one account to another along with the signature of any other person authorized to sign checks of the Virgin Valley Water District.
    - Resolution 1994-11-09: Office Manager Sign Checks (.pdf 36K)
  - 1994-11-04: Board Meeting Times
    WHEREAS, A Resolution was adopted by the Board of Directors on November 24, 1994, changing Board Meetings to 6:00 p.m. when daylight savings time is not in effect;
    
    WHEREAS, with the addition of Bunkerville to the District, 6:00 p.m. meetings would cause a hardship for board members traveling from Las Vegas.
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall provide as follows:
    
    The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7:00 p.m, and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.
    - Resolution 1994-11-04: Board Meeting Times (.pdf 36K)
  - 1994-10-26: NPAIP
    WHEREAS, Nevada Revised Statutes 277.080 to 277.180 permits local governments to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby provide services which will best accord needs of their communities; and
    
    WHEREAS, Nevada Revised Statutes 277.110, entitled the "Interlocal Cooperation Act," authorizes public agencies to exercise any power or powers, privileges or authority which may be exercised by the public agency individually to be exercised jointly with any other public agency in the State; and
    
    WHEREAS, Nevada Revised Statutes 277.045 permits two or more political subdivisions of the State of Nevada to enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of: casualty insurance, other than workmenls compensation and employer's liability, as that term is defined in NRS 681A.020; marine and transportation insurance, as that term is defined in NRS 681A.050; property insurance, as that term is defined in NRS 681A. 060; surety insurance, as that term is defined in NRS 681A.070; or insurance for any combination of these kinds; and
    
    WHEREAS, public agencies within Nevada have found it increasingly difficult to purchase insurance from commercial sources and where such insurance is available, the cost of such coverage often exceeds the ability of the public agencies to pay for such insurance; and
    
    WHEREAS, the Nevada Association of Counties and the Nevada League of Cities have undertaken a series of studies to determine the feasibility of entering into an Interlocal Cooperation Agreement to form the Nevada Public Agency Insurance Pool have concluded that the creation of such a Pool is financially and administratively feasible; and
    
    WHEREAS, a number of public agencies desire to join together for the purpose of providing insurance coverage and jointly funding programs of pooled self-insurance; insurance and excess insurance for property, casualty and surety insurance; and
    
    WHEREAS, the governing boards of a number of public agencies have determined that they wish to create a Nevada Public Agency Insurance Pool and an Interlocal Cooperation Agreement for such Pool has been drafted; and
    
    WHEREAS, the stated purposes, organizational structure and procedural structure contained within that Agreement represent positions shared by this public agency; and
    
    WHEREAS, the governing board of this public body finds that it is in the best interest of its citizens that it become a member of the Nevada Public Agency Insurance Pool,
    
    NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
    VIRGIN VALLEY WATER DISTRICT AS FOLLOWS:
    
    SECTION 1: That the Virgin Valley Water District Board of Directors is hereby authorized to execute on behalf of this public agency the Nevada Public Agency Insurance Pool Interlocal Cooperation Agreement, a copy which is appended to and made a part
    of this Resolution as Appendix 1.
    
    SECTION 2: The powers of the Pool unless the Agreement is amended, shall be limited to those contained within Appendix 1.
    
    SECTION 3: The commencement of the operations of the Pool and the obligation of this public agency to fully participate in such operations shall be effectuated in accordance with the Agreement.
    
    SECTION 4: Except to the extent of the financial contributions to the Pool this public agency by its entry as a member of the Pool shall not be held responsible in any way for
    claims due to the property losses of or claims in tort or contract made against any other member of the Pool.
    - Resolution 1994-10-26: NPAIP (.pdf 80K)
  - 1994-08-24: GM Okay Over $2500
    WHEREAS, some monthly expenses, such as power bills, loan payments, etc. exceed $2,500.00;
    
    WHEREAS, operation and maintenance of the District's system requires purchases and services exceeding $2,500.00;
    
    WHEREAS, locating Board members during Virgin Valley Water District office hours to sign District checks exceeding $2,500.00 for monthly expenses or to transfer funds from one account to another exceeding $2,500.00; or to obtain a majority agreement by the Board members for the operation and maintenance expenses to the system creates a difficult and inconvenient situation.
    
    NOW THEREFORE, be it and it hereby is resolved that the By-Laws of the Virgin Valley Water District pertaining to "Appointment of General Manager" shall be changed from:
    
    The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board and to purchase items and services in amounts not to exceed twenty-five hundred dollars ($2,500.00) or pay out funds of the District on the check of the Virgin Valley Water District in amounts not to exceed twenty-five hundred dollars ($2,500.00) without prior approval of the Board. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.
    
    To provide as follows:
    
    The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may purchase items and services in amounts not to exceed $2,500.00 unless it is for the maintenance and operation of the District system, then the General Manager may purchase items and services in amounts not to exceed $15,000.00. The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed $15,000.00 without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.
    - Resolution 1994-08-24: GM Okay Over $2500 (.pdf 64K)
  - 1994-07-13: Annual Board Meeting Time
    WHEREAS, the annual meeting of the Board of Directors is scheduled for the second Wednesday of July of each and every year;
    
    WHEREAS, more time is required to prepare reports that are to be presented at the annual meeting; and
    
    WHEREAS, it is in the best interest of the District to hold the annual meeting on the fourth Wednesday of July of each and every year.
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall be changed from:
    
    There shall be an annual meeting of the Board of Directors held on the second Wednesday of July of each and every year at which time a report of the business
    transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    
    To provide as follows:
    
    There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of July of each and every year at which time a report of the business
    transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.
    - Resolution 1994-07-13: Annual Board Meeting Time (.pdf 44K)
  - 1994-05-25: Cancel Certificate of Convenience in Arizona
    WHEREAS, Senate Bill 50 of the 1993 Legislature provided for creation of the Virgin Valley Water District, located in Clark County, Nevada, and dissolution of the Mesquite Farmstead Water Association, said District to assume all assets and liabilities and functions of said Farmstead: and
    
    WHEREAS, the District has submitted to the Commission the final required reports for the Farmstead as of June 30, 1993; and
    
    WHEREAS, the Commission has asked for an official request for cancellation of said Certificate Board Directors acting for the District;
    
    NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
    THE VIRGIN VALLEY WATER DISTRICT:
    
    That the Secretary-Treasurer be directed to forward a copy of this Resolution, together with a letter requesting that the Certificate of Public Convenience issued to the Mesquite Farmstead Water Association be cancelled effective on June 30, 1993.
    - Resolution 1994-05-25: Cancel Certificate of Convenience in Arizona (.pdf 40K)
  - 1994-05-07: BWUA Dissolve & Transfer
    WHEREAS, the Bunkerville Water User's Association is a nonprofit cooperative corporation; and
    
    WHEREAS, the Bunkerville Water User's Association is operated as a mutual water company purveying potable water to residents of Bunkerville and portions of unincorporated Clark County, Nevada; and
    
    WHEREAS, on May 10, 1993, Governor Bob Miller signed into law Chapter 100, Statutes of Nevada 1993 (Exhibit A attached hereto) creating the Virgin Valley Water District; and
    
    WHEREAS, Chapter 100, Statutes of Nevada 1993 at Section 10 provides that the service area of the Bunkerville Water Userfs Association may be annexed into the Virgin Valley Water District on the terms and conditions set forth therein; and
    
    WHEREAS, annexation of the service area of the Bunkerville Water User's Association into the Virgin Valley Water District will result in benefits to the shareholders that are not otherwise available under Nevada law to a private mutual water company;
    
    THEREFORE, BE IT RESOLVED by the Board of Directors of the Bunkerville Water User's Association as follows:
    
    That the Bunkerville Water User's Association be dissolved in accordance with the majority vote of its shareholders and NRS 78.580 and the provisions of Chapter 100, Statutes of Nevada 1993, and that all assets and liabilities of the Bunkerville Water User's Association be transferred to the Virgin Valley Water District pursuant to the subject legislation.
    - Resolution 1994-05-07: BWUA Dissolve & Transfer (.pdf 64K)
  - 1993-11-24: Board Meeting Times
    WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public,
    
    WHEREAS, various Board members have expressed a preference for meetings to be held at 7:00 p.m. when daylight savings time is in effect during the summer months and 6:00 p.m. during the winter non-daylight savings time period of the year.
    
    NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall be changed from:
    
    The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.
    
    To provide as follows:
    
    The District shall hold regular meetings on the second and fourth Wednesday of each and every month save and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7 : 00 o'clock P.M. during the summer months when daylight savings time is in effect and 6: 00 o'clock P.M. otherwise, and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.
    - Resolution 1993-11-24: Board Meeting Times (.pdf 44K)
  - 1993-08-25: Secretary-Treasurer Responsibility
    WHEREAS, the duties and responsibilities of the Secretary/Treasurer are set forth in the duly adopted By-Laws; and
    
    WHEREAS, the By-Laws require that the Secretary/Treasurer actually receive and distribute all funds of the District; and
    
    WHEREAS, actual receipt and disbursement of all funds of the District is determined by the Board to be impracticable,
    
    NOW, THEREFORE, it is hereby resolved that the By-Laws of the Virgin Valley Water District pertaining to duties and responsibilities of the Secretary/Treasurer shall be changed from:
    
    The Secretary/Treasurer shall also receive and safely keep all funds of the Board and deposit the same in such bank or banks as may be designated by the Board of Directors.
    The Secretary/Treasurer shall also distribute the funds of the District as may be ordered by the Board, taking proper vouchers for such disbursement and shall render to the president and the directors at regular meetings of the Board, or whenever they may require it, an account of all transactions and of the general financial condition of the District.
    
    To provide as follows:
    
    The Secretary/Treasurer shall also supervise the receipt and safe keeping of all
    funds of the Board and deposit the same in such bank or banks as may be designated by the Board of Directors.
    
    The Secretary/Treasurer shall also supervise the distribution of the funds of the District as may be ordered by the Board, taking proper vouchers for such disbursement and shall render to the president and the directors at regular meetings of the Board, or whenever they may require it, an account of all transactions and of the general financial condition of the District.
    - Resolution 1993-08-25: Secretary-Treasurer Responsibility (.pdf 44K)
Rule and Regulations
- Construction Design Standards
  Pursuant to action by the Board of Directors of the Virgin Valley Water District, dated January 10, 1996 and as amended thereafter, these "Design Standards and Specifications for Water Works Construction" shall govern the design and construction of water systems and facilities in the Virgin Valley Water District Service Area.
  - Design Standards & Specifications for Water Works Construction (7.263M .pdf)
- Operating Rules, Regulations and Rates
  Pursuant to action taken by the Board of Directors of the Virgin Valley Water District, these rules, regulations, rates and policies for Water Service shall govern the operation of water systems and facilities to any and all users of the Virgin Valley Water District Service Area.
  - Operating Rules, Regulations and Rates (.pdf 283K)
Ordinances
- Ordinance 1: Improper or Illegal Water Service
  An ordinance permitting the District to discontinue water service for improper or illegal water service.
  1. If the District discovers that a Customer improperly or illegally connected to, or altered water service, service to that Customer may be discontinued without notice and those responsible for such connections will be subject to fines and penalties provided by law. An improper or illegal connection includes, but is not limited to, receipt of unmetered water through District facilities in a non-emergency situation and/or receipt of water through District facilities where impact, connection or other appropriate fees are unpaid.
  2. Service will not be restored until:
    - The Customer has complied with all rules and requirements of the District;
    - The District has been reimbursed for the full amount of the service rendered; and,
    - The District has been reimbursed for the actual cost to the District incurred by reason of the improper or illegal use, including court costs and legal fees.
  - Ordinance 1: Improper/Illegal Water Service (.pdf 32K)
- Ordinance 2: Criteria & Dedication of Water Rights and Facilities
  An ordinance requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service.
  1. Dedication of Water Rights and Facilities. An applicant shall dedicate to the Virgin Valley Water District, as a condition precedent to receiving a will-serve commitment or water service from the District:
    - any surface or ground water rights reasonably necessary to insure an adequate water supply to the subject property or suitable compensation in an amount determined by the District so the District may independently obtain necessary water rights to ensure a future water supply; and
    - any facilities for water treatment, supply, storage, transmission and distribution, treatment and disposal, and appurtenances (such as wells, pipelines, pumps and storage tanks) located within or outside of the property which are reasonably necessary to insure an adequate water supply to the property;
    - any easement or legal access reasonably necessary to insure an adequate water supply to the property.
  2. Amount of Water Rights and Facilities. The General Manager of the District shall, subject to the approval of the Board, develop written criteria and, pursuant to those criteria, determine the amount of water rights or substitute compensation necessary under Section I (a) and the facilities necessary under Section I (b) required to be dedicated. Lack of criteria shall not be cause for delay of approval of projects.
  3. Use of Water Rights and Facilities. The General Manager may, subject to Board approval, by contract or written agreement, permit the use of the dedicated water rights and/or facilities by other governmental entities, public or private utilities, or any other person or entity, including those engaged in providing water, storm drainage or sewer service.
  4. Nature of Dedication. The dedication of water rights and facilities required herein will be satisfied if the applicant enters into an agreement with the District secured by a performance bond or other undertaking acceptable to the Board
    or its designee. The agreement must constitute a binding offer to dedicate or to pay substitute compensation, conditioned only upon final approval of the application for water service.
  5. Facilities Standards. The facilities which are the subject of a dedication agreement must be designed and constructed in accordance with standards and other requirements recommended by the District as a condition to provision of
    water service. Standards and other requirements shall include plan checking, design review, inspections, system testing and other matters designated by the District unless otherwise waived by the General Manager or District Engineer.
  6. Approval of Service Conditional. Every "Will-Serve" notification and administrative approval of applications for water service is conditioned upon the
    acceptance of the dedication, payment of substitute compensation, or the execution of an agreement conforming to this Ordinance. Any application or renewal, including applications for extension of "will-serve" commitments made subsequent to adoption of this ordinance is subject to the provisions herein.
  Criteria for Required Dedication of Water Rights.
  Pursuant to Virgin Valley Water District Ordinance No.2
  1. Amount. The amount of required dedicated water rights, pursuant to Virgin Valley Water District (hereinafter "District") Ordinance No. 2, is: one (1) Acre Foot Annually (AFA) for each single family residence; seventy-five one-hundredths (0.75) AFA for each apartment, townhome, condominium, motel or hotel unit with a kitchen; and twenty-five one-hundredths (0.25) AFA for each motel or hotel unit (without a kitchen), or recreational vehicle space, plus twenty-five one-hundredths (0.25) AFA for each remaining thousand (1,000) square feet of the parcel sought to be developed for landscaping and water use outside the apartment, townhome, condominium, motel or hotel unit. For commercial and retail facilities, the amount of dedicated water rights shall be twenty-five one-hundredths (0.25) AFA for each thousand (1,000) square feet of structural improvements and twenty-five one-hundredths (0.25) AFA for each remaining thousand (1,000) square feet of the parcel sought to be developed. For casino, convention, industrial and all other types of development, dedication of water rights will be evaluated by the General Manager of the District on a case by case basis. The District reserves the right to adjust and modify the amount of water rights required for dedication from time to time at the discretion of the General Manager of the District with the concurrence of the District's Board of Directors.
  2. Payment in Lieu of Dedication. The primary purpose of the underlying ordinance is to provide for future water supply, and in this regard dedication of water rights is strongly encouraged. In many instances, however, it is recognized that dedication of actual water rights may be disproportionately burdensome, impracticable, or otherwise inconsistent with a water rights holder's long term plans for use of his or her property including his or her water rights. Payment of a fee may therefore be substituted for dedication of actual water rights.
    - In the event an applicant elects to pay a fee in lieu of the dedication of
      actual water rights, the fee shall be the combined sum of the fair market value of the water right plus the cost of preparing and filing record of conveyance of ownership and applications to change the point of diversion, place of use and manner of use under Chapter 533 of the Nevada Revised Statutes as determined by the District Engineer such that the fee paid in lieu of actual dedication of water rights is not less than the value of water rights and required costs as if actual dedication of water rights has occurred.
    - The burden of establishing the fair market value to the satisfaction of the
      General Manager of the District lies with the applicant and any and all costs associated therewith are the applicant's sole responsibility. The District reserves the right to require an appraisal or other suitable means of determining such value.
  3. Conditions. Dedication of water rights must meet the following conditions:
    - The applicant must submit proof of the validity of the water right and a
      complete abstract or chain of title establishing ownership. The water right must be in good standing. The District reserves the right to request proof of use within the proceeding five (5) years and may refuse to accept a water right not so utilized.
    - The water right must be legally available for beneficial use of the District
      within its established service area. All costs of transfer of any point of diversion or changes in manner or place of use shall be the responsibility of the applicant and the appropriate application to change the point of diversion, place of use and manner of use consistent with the requirements of the District shall be filed with the State of Nevada, Department of Conservation and Natural Resources, Division of Water
      Resources prior to the issuance of a will-serve letter by the District.
  - Ordinance 2: Criteria & Dedication of Water Rights and Facilities (.pdf 148K)
- Ordinance 3: Secondary Water Irrigation System Rules, Regulations & Fees
  Providing Rules, Regulations and Fees for the Operation of, the Connection to and the Use of the Secondary Water Irrigation System; and Setting Service Charges for use of the Irrigation System.
  
  Now, therefore, be it ordained as follows:
  1. Article 1: Definitions. As used herein, the following words shall have the meanings indicated.
    - Board shall mean the Board of Directors of the Virgin Valley Water District
    - Commercial shall mean property occupied by a business either for profit or non-profit and accessible to the public
    - District shall mean the Virgin Valley Water District with offices at
      500 Riverside Road, Mesquite, Nevada 89027, (702) 346-573
    - Lot is defined as a parcel of real property that provides a residence for one family. If contiguous parcels of real property have common ownership, they shall be considered as separate lots.
    - Multiple Residential shall mean apartments, condominiums, townhouses, motel or hotel units with kitchen facilities
    - Open Space shall mean vacant property which may or may not be subject to future development
    - Parks shall mean open space dedicated for public use and shall include cemeteries, ball playing fields, equestrian centers and ingress and egress to these facilities
    - Persons means any person, firm, partnership, association, corporation, company or organization
    - Water shall mean secondary water exclusively used for irrigation furnished by the Virgin Valley Water District
  2. Article 2: Governance.
    - Irrigation Water System: The Virgin Valley Water District (District) shall own and administer all functions of the irrigation system.
    - Governing Board: The governing Board of the Virgin Valley Water District shall be the administrative governing board of the irrigation system.
    - Operation of Maintenance: Operation and maintenance of the secondary water irrigation system shall be performed by the Virgin Valley Water District.
  3. Article 3: Separate Identity. So far as is practically appropriate, the District shall maintain separate use and cost of operation records of the irrigation system from the culinary water system. Different conduits for irrigation water delivery shall be installed to distinguish the irrigation from the domestic service system.
  4. Article 4: Connection Standards.
    - Single Lot Service: No more than one lot shall be served by a single
      water connection to the irrigation system.
    - Single Lots with Multiple Uses: No more than one irrigation water connection shall be allowed per lot. Multiple connections may be allowed where a single lot contains more than one single-family residence. Upon making proper application and payment of the connection charge, a separate connection will be allowed. Service shall be treated as a separate connection for purposes of billing and compliance with the provisions of this ordinance.
    - Interconnection Prohibited: No interconnection, cross-connection or
      other joining of the culinary water and irrigation water systems shall be permitted. Interconnections shall be a violation of this ordinance. The owner(s) of record of properties found to be in violation of this subsection shall bear all costs, including attorney's fees, associated with the destruction and removal of such interconnecting device or apparatus.
    - Location of Connection: Each irrigation water service connection shall be made at such location on the property line as the District shall determine. As a general rule, that location shall be at a point close to the nearest irrigation water main.
    - Connection Assembly Required: Each connection shall be made with a pressure reducing valve and a property line shut off valve properly sized for the diameter of the service.
      Article 5: Application for Service
  5. Article 5: Application:
    - Application for service shall be made to the District located at 500 Riverside Road, Mesquite, Nevada on the appropriate form and upon paying the applicable hook-up fee.
    - Application for Connection by Developer: Any person or persons (developers) seeking multiple connections shall submit complete construction plans and specifications for review by the District Engineer. The applicant shall apply for service on the appropriate form and shall pay all applicable fees before service can be extended. All costs of installation, connecting to the District's facilities and other associated costs shall be born by the applicant.
  6. Article 6: Determining Rates, Fees and Penalties
    - Determined by Board: The rates, fees, penalties and other charges incidental to the connection to, and services from, the irrigation system shall be determined by the Board and shall be adjusted periodically to reflect the cost of providing irrigation water service. The Board may, from time to time, promulgate rules for levying fees, billing procedures, and collecting charges for irrigation services and all other rules necessary for the management and control of the irrigation system.
    - Uniformity of Rates: Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. The Board may, however, upon such terms and conditions as it may deem proper, adopt by agreement or resolution special rates and conditions for users, which in the opinion of the Board, use water in excess of exceptionally large amounts of irrigation water or making use of the system under exceptional circumstances.
  7. Article 7: Billing and Payments
    - Billing: The District shall include in the District's monthly billing for culinary water, a separate item for irrigation service indicating the method of determining use (flat rate or meter reading). The information on the billing related to culinary water services such as the place for payment of bills, delinquent date, date of billing, etc. shall also apply to the payment of charges for irrigation service.
    - Payment Due Date: All bills for water service shall be due and payable on the 1 5th day of each month and will be subject to a late fee thereafter.
    - Delinquent Payment: A bill that is not paid by its statement due date shall be considered delinquent, and shall incur an interest charge of 10% per month on the delinquent balance. In addition, legal action may be taken to collect the amount due to the District.
      
      Failure to pay charges for irrigation service on or before the printed due date will result in a, one time only, notice being sent to the customer. The notice shall state that the bill is delinquent and that the outstanding balance and interest must be paid by the date specified on the delinquent notice, otherwise irrigation service will be terminated.
    - Reinstatement of Service: A $25.00 reconnect fee will be assessed to any customer whose service has been disconnected for non-payment. If the customer pays the outstanding balance, the interest charge and the reconnect fee in full, the account will be cleared and revert back to active status.
    - Installment Payment: A payment plan for accounts with an outstanding balance of less than $500.00 may be approved by the District in conformance with Section VII, Payment of Bills, Subsection VII-4 of the District's Operating Rules, Regulations and Rates.
    - Illegal Restoration of Service: If the District has terminated irrigation service for any reason, and if a customer or owner restores the service from the District's irrigation system without remedying the cause of the termination, such customer shall be assessed three times the normal restoration service fee, plus the cost of restoring the connection to its normal operational status.
    - Checks Not Honored by Bank: Returned checks not honored by the bank shall be handled as prescribed in Section VII, Subsection Vii-6 of the District's Operating Rules, Regulations and Rates.
    - Responsible Parties: The legal owner in whose name the property is recorded shall be responsible for paying all irrigation water bills. Unpaid irrigation water bills by tenants and/or renters shall be the responsibility of the property owner and shall be paid in full before irrigation service will be restored to the property.
  8. Article 8: Connection and Service Fee Schedule
    - Connection Charge: A connection charge shall only be assessed to a
      customer if District personnel is required install the service.
      
      Single Residential Lot, 1/2 acre or less . . . $ 500.00
      
      Single Residential Lot, 1/2 acre or greater . . . $ 500.00 + $100.00 per each 1/2 acre over 1/2 acre
      
      Multiple Residential Lot, 1 acre or less . . . $ 750.00 + $500.00 per each 1 acre over 1 acre
      
      Commercial Property, 1 acre or less . . . $ 1,000.00 + $750.00 per each 1 acre over 1 acre
      
      Parks, 1 acre or less . . . $ 1,000.00 + $750.00 per each 1 acre over 1 acre
    - Subsequent Lot / Parcel Division: In the event a portion of a lot / parcel served with irrigation water is subsequently sold or divided, the size of each resulting lot shall be determined. A new connection shall be determined for each of the new lots being created and the owner of each new lot shall be charged a connection fee in conformance with the scheduled set forth above.
    - Monthly Service Charge: The monthly service charge is hereby
      established:
      
      Single Residential, 1/2 acre or less . . . $ 8.68
      
      Single Residential, greater than 1/2 acres . . . $12.00 + $7.50 per 1/2 acre over 1/2 acre
      
      Multiple Residential, 1 acre or less . . . $ 25.00 + $15.00 per 1 acre over 1 acre
      
      Commercial Property, 1 acre or less . . . $ 35.00 + $25.00 per 1 acre over 1 acre
      
      Parks, 1 acre or less . . . $45.00 + $30.00 per 1 acre over 1 acre
    - System Extension Costs: Property owners, currently not being served with irrigation water, shall pay all costs to extend service lines to their respective properties, including connection to the existing system, pipe lines, valves, pressure reducing valves, fittings and appurtenances.
  9. Article 9: Non-Authorized Use of Irrigation System: Except as provided for in Article 6, Section 2, irrigation water provided through the District's irrigation system shall not be used for the following purposes:
    - Agricultural Use: Irrigation water from the District's system shall not be used for the irrigation of agricultural acreage such as alfalfa, meadow, pasture, row crop, silage or other crop associated with production of crops. Irrigation water shall not be used for commercial livestock operations. Secondary irrigation water may be used for livestock watering where such livestock is for private use and enjoyment.
    - Commercial Use: Irrigation water shall not be used in the manufacturing process of products for sale to the public, either for local distribution or for export.
    - Construction Use: Irrigation water shall not be used for construction
      purposes and no provisions will be made by the District for contractors
      or governmental agencies to hook into the irrigation water system for
      the purpose of loading tank trucks. Irrigation water may be used for
      the construction of small residential improvement projects to existing
      facilities performed by the owner of the property or workmen under
      his/her direct supervision.
    - Mechanical Use: No irrigation water shall be used for the purpose of
      driving motors, siphons, turbines, or any other type of wheels, or any
      hydraulic engine, or elevators, or for driving or propelling machinery
      of any kind whatsoever, nor shall any license be granted or issued for
      any such purpose.
  10. Article 10: Duties, Liabilities and Rights of Users
    - Use Without Payment Prohibited: It shall be unlawful for any person by himself, family or agents to utilize the irrigation system without payment, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the irrigation system unless it is done pursuant to proper application, agreement or resolution.
    - Liability for Damaged Equipment: All damages or injury to the lines, appurtenances, equipment or other materials of the District caused by any act or neglect of the water users or property owners shall be repaired by and at the expense of the water users or owners. Owners shall pay all costs and expenses, including a reasonable attorney's fee, which may arise or accrue to the District through its efforts to repair any damage to the District's facilities or through efforts to collect such costs from the water user or the property owner or both.
    - Unauthorized Users: It shall be unlawful for any irrigation water service user to permit any person from other premises or any unauthorized person to use or obtain irrigation water service from his/her premises or water facilities, either outside or inside his/her premises.
    - Facilities to be kept in Good Repair: All users of irrigation water service shall, at their own expense, keep their service pipes, connections, risers and other apparatus on private property in good repair and protected from damage. No person, except under the direction of the District, shall be allowed to lay, remove or repair any service pipe on public rights-of-ways.
    - Quality of Service Pipe: All service pipe, equipment, facilities and material used on private property in connection with the irrigation water service provided by the District shall be of such materials, quality, and specifications required by the District. The installation of the private system shall conform with the specifications of the District. All new connections to the irrigation water mains in the public rightsof-way shall be made by the District or under their direction.
    - Prohibition Against Waste: It shall be unlawful for any user of the
      irrigation water service to waste water. Wasting water includes, but is
      not limited to, the following:
      
      Allow water to be wasted by leaky stops, taps, valves, joints or
      pipe
      
      Running water from hydrants, faucets, sprinklers or stops or
      through basins, sinks or other apparatus in excess of that
      required for irrigation of property
      
      Use of water for non-landscaping purposes except as otherwise
      provided in this ordinance
      
      All users of the irrigation water services provided by the
      district shall comply with the provisions of the Water
      Conservation Plan and all applicable amendments adopted by
      the District Board
      
      No open flow from an irrigation system line, pipe, hose or
      other water delivery system larger than %I inch shall be allowed
    - If, in the judgment of the District, a user of irrigation water engages in practices that result in the needless waste of water, the District shall mail to the user written notice to discontinue the waste. If the waste is not terminated within ten (10) days of mailing the District may terminate the irrigation water service.
    - Pumping from System: Attaching any pumping device to service lines connected to the irrigation system shall not be permitted without the consent of the District.
    - Extension of Irrigation Water Mains: Any person or persons, including any developer, who desires to have the irrigation water mains extended within the District may make application to the District in writing. A description of such proposed extension accompanied by two copies of detailed construction drawings and specifications showing the location and size of the proposed extension shall be reviewed by the District Engineer and approved by the District General Manager. Such extension, when completed, shall become a part of the District's irrigation system.
      
      A property owner and/or developer who wish to split or subdivide a parcel into more than two (2) lots shall install a main line extension system unless each new lot fronts on a street where a main irrigation line is already located and a direct connection can be made. Irrigation lines are to be located within utility easements.
  11. Article 11: Duties, Liabilities, and Rights of District
    1. Limiting Use of Irrigation Water: The Board may, in its sole discretion, find that a water shortage exists and may promulgate strict limitation on the usage of irrigation water. Violation of these limitations shall be unlawful and may be grounds for termination of service. The provisions of the "Water Conservation Plan" adopted by the Board shall apply to the use of the irrigation system.
    2. Periods of Irrigation: The Board shall determine the dates and times of day when water will be available through the pressurized irrigation system.
    3. Access to Facilities: The Board, employees of the District, or its authorized representatives shall at all ordinary hours have access to any property supplied with water service from the irrigation system for the purpose of examining the apparatus and ascertaining the amount of water being used and the manner of its use.
    4. Non-Liability for Damages: The Board, the District, its employees or representatives shall not be liable for any damage to an irrigation water service user's equipment, facilities, landscape or structures by reason of stoppage or interruption of his/her irrigation water supply service caused by fires, scarcity of water or accidents to the irrigation system or its mains, or which occurs as the result of maintenance and extension operations, or from any other cause.
    5. Repeal of Inconsistent Ordinances or Resolutions: The provisions of
      this Ordinance shall prevail over all inconsistent ordinances or resolutions previously enacted by the Board. This Ordinance shall not, unless expressly provided so to do, amend any part or provision or any rule, regulation, rate or charge, or any other matter pertaining to the District's culinary water system.
    6. General Sanctions and Penalties - Cumulative Remedies: Without altering or diminishing the effect of any other sanction, penalty or consequence provided in this Ordinance elsewhere, the violation of, or failure to observe or comply with any provision of this Ordinance shall be punishable to the fullest extent of the law.
  - Ordinance 3: Secondary Water Irrigation System Rules, Regulations & Fees (.pdf 300K)
Legislature
- Chapter 100 Statutes of Nevada 1993
  AN ACT relating to water districts; creating the Virgin Valley Water District in Clark County, Nevada; providing for the storage, conservation, distribution and sale of water within and outside of the district; authorizing the district to purchase, acquire and construct the facilities necessary to serve water to consumers within the district; authorizing the issuance of general obligation and revenue bonds; providing the power to tax; amending the boundaries of the Las Vegas Valley water district; and providing other matters properly relating thereto.
  - Virgin Valley Water District Enabling Legislature (.pdf 496K)

Virgin Valley Water District

Public Information

Public Meetings

Public Records Request

CONSENT AGENDA

** END OF CONSENT AGENDA**

END OF CONSENT AGENDA