BOARD OF DIRECTORS
LOUISA COUNTY OFFICE BUILDING
OCTOBER 1, 2009
2:00 P. M.
Present: Goodman B. Duke, John Y. Gooch*, G. Cabell Lawton, IV, Dale G. Mullen*, Thomas E. Payne and John E. Thomasson
* Mr. Gooch arrived at 2:32 p.m.
* Mr. Mullen arrived at 2:15 p.m.
Others Present: Kurt Krueger, McGuireWoods LLP, Legal Counsel; Joe Hines, Timmons Group; Courtney Rogers, Davenport & Company, LLC; and Alyson Simpson, Deputy Clerk, Louisa County Administration
CALL TO ORDER
Chairman Payne called the October 1, 2009 regular meeting of the James River Water Authority Board of Directors to order at 2:00 p.m., which was followed by the Pledge of Allegiance.
READING AND APPROVAL OF MINUTES OF PRECEDING MEETINGS
On the motion of Mr. Duke, seconded by Mr. Thomasson, which carried by a vote of 4-0, with Messrs Gooch and Mullen being absent, the Board approved the minutes of the September 17, 2009 meeting.
CHAIRMAN/EXECUTIVE DIRECTOR ITEMS
None.
ITEMS FROM THE PUBLIC
Mr. Payne opened the public comment session. With no one wishing to speak, the public comment session was closed.
CONSENT AGENDA ITEMS
None.
OTHER BUSINESS
a. Discussion - James River Water Authority Advertising Options
This item was moved to the October 15, 2009 agenda.
FINANCIAL ADVISOR’S ITEMS
Mr. Lawton said the cash on hand was $13,301.65 as of October 1, 2009.
OTHER ITEMS FROM BOARD OR STAFF NOT ON AGENDA
Mr. Courtney Rogers, Davenport & Company, LLC, talked about the plan of finance, the inter-jurisdictional agreement, the bond resolution and the next steps and schedule going forward.
Mr. Hines presented a revised schedule of key events and deadlines to the Board.
ATTORNEY’S ITEMS
Mr. Krueger said he had drafted and negotiated the Davenport & Company, LLC contract and it was ready to be signed by the Chairman.
ENGINEER’S ITEMS
Mr. Hines discussed the cost of easement acquisition, the transfer of property from Fluvanna County to the Authority, the Dominion Virginia Power agreement and the wastewater treatment plant site locations.
* Mr. Mullen arrived at 2:15 p.m.
CLOSED SESSION
On the motion of Mr. Lawton, seconded by Mr. Duke, which carried by a vote of 5-0, with Mr. Gooch being absent, the Board voted to enter Closed Session at 2:18 p.m. for the purpose of discussing the following:
* Mr. Gooch arrived at 2:32 p.m.
RESUMPTION OF REGULAR SESSION
The Board returned to regular session at 3:07 p.m.
RESOLUTION - CERTIFICATION OF CLOSED SESSION
Mr. Gooch joined the meeting after the original resolution to enter Closed Session had passed. Mr. Krueger asked Mr. Gooch if he was aware of the original resolution to enter Closed Session. Mr. Gooch answered affirmatively.
On the motion of Mr. Lawton, seconded by Mr. Duke, which carried by a vote of 6-0, the Board voted to adopt the following resolution:
WHEREAS, the James River Water Authority Board of Directors has convened a Closed Meeting pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and
WHEREAS, §2.2-3712 of the Code of Virginia requires a certification by the James River Water Authority Board of Directors that such closed meeting was conducted in conformity with the Virginia Law.
NOW, THEREFORE BE IT RESOLVED that the James River Water Authority Board of Directors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the James River Water Authority Board of Directors.
NAME VOTE
John Y. Gooch (with respect to the portion of Closed Session he attended) Yes
G. Cabell Lawton, IV Yes
Thomas E. Payne Yes
John E. Thomasson Yes
Dale G. Mullen Yes
Goodman B. Duke Yes
On the motion of Mr. Gooch, seconded by Mr. Lawton, which carried by a vote of 6-0, the Board voted to move the second meeting for the month of October to October 22, 2009 at the Best Western at Zion Crossroads with a time to be announced at a later date.
On the motion of Mr. Lawton, seconded by Mr. Thomasson, which carried by a vote of
6-0, the Board voted to adjourn the October 1, 2009 meeting at 3:10 p.m.
BY ORDER OF
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THOMAS E. PAYNE, CHAIRMAN
BOARD OF DIRECTORS
JAMES RIVER WATER AUTHORITY