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)