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)