BOARD OF DIRECTORS
FLUVANNA COUNTY OFFICE BUILDING
NOVEMBER 19, 2009
2:00 P. M.
Present: Goodman B. Duke, John Y. Gooch, G. Cabell Lawton, IV, Dale G. Mullen, and John E. Thomasson
Absent: Thomas E. Payne
Others Present: Kurt Krueger*, McGuireWoods LLP, Legal Counsel; Joe Hines, Timmons Group; Jim Christian, Timmons Group; Alyson Simpson, Deputy Clerk, Louisa County Administration; and Kimberly Smith, Records Clerk, Louisa County Administration
CALL TO ORDER
Vice-Chairman Duke called the November 19, 2009 special 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.
APPROVAL OF THE MINUTES
On the motion of Mr. Lawton, seconded by Mr. Gooch, which carried by a vote of 5-0, with Mr. Payne absent, the Board approved the minutes of the November 5, 2009 meeting as presented.
APPROVAL OF THE BILLS
Mr. Lawton informed the Board of cash on hand in the amount of $13,301.65. Mr. Lawton said that Fluvanna will be paying the anticipated $30,000.00. Mr. Lawton said the total outstanding bills from McGuireWoods are $52,539.60, leaving the Board with a deficit of $9,237.95. Mr. Lawton said that funding for the bills would be requested from Louisa and Fluvanna’s Board of Supervisors in December to fund the bills for $14,917.00.
On a motion of Mr. Gooch seconded by Mr. Thomasson, which carried by a vote of 5-0, with Mr. Payne absent, the Board approved the bills to pay $14,917.00 to McGuireWoods.
CHAIRMAN/EXECUTIVE DIRECTOR ITEMS
Mr. Lawton informed the Board that the Supreme Court Case of Virginia had been dismissed for Mr. Doug Johnson in reference to his appeal against the State Corporation Commission because proper process was not followed. Mr. Lawton said that Fluvanna County will ask the Circuit Court to approve the demurrer to get rid of the Circuit Court case and prevent the ruling from being appealed.
ITEMS FROM THE PUBLIC
Mr. Duke opened the public comment period. With no one wishing to speak, Mr. Duke closed the public comment period.
OTHER BUSINESS
a. Discussion - Advertising Options
Mr. Mullen gave the Board an overview of the advertising options for public notices for the JRWA meetings. Mr. Mullen stated the Board had two options to choose to comply with the Freedom of Information Act (FOIA). Mr. Mullen told the Board that option number one consisted of advertising in the Central Virginian with a cost of $52.00 for each notice and the annual operating expense is between $625.00 and $1,248.00 based on the current advertising rates. Mr. Mullen said that option number two allows the JRWA to post meeting notices in the Fluvanna County and Louisa County Administration Offices as well as each locality’s website to be in compliance with FOIA.
On a motion by Mr. Mullen second by Mr. Gooch which carried by a vote of 5-0, with Mr. Payne absent, the Board approved option number two of the Advertising Memo proposal.
OTHER ITEMS FROM BOARD OR STAFF NOT ON AGENDA
None.
FINANCIAL ADVISOR’S ITEMS
None.
ENGINEER’S ITEMS
Mr. Hines updated the Board in reference to his conversation with the Department of Corrections regarding attaining the basic structure of a contract for Fluvanna County to execute an agreement to provide water. Mr. Hines said that he has had additional correspondence with ECTI involving the status of the current application transfer.
Mr. Gooch inquired about the survey. Mr. Hines said that they do have the mapping with the property owners identified that needs to be submitted to Fluvanna with some type of direction in regards to what the most appropriate route to go from a land owner’s perspective.
Mr. Gooch asked about getting an appraisal on land in Pleasants Grove. Mr. Lawton said the appraisal was included in the negotiation of the inner jurisdictional agreement. Mr. Lawton said that part of the negotiation has stalled because VRA Credit Committee has not committed to the project; therefore, the terms are unknown.
Mr. Gooch asked where the JRWA was with VRA. Mr. Lawton said that VRA’s Credit Committee did not approve JRWA for interim financing.
ATTORNEY’S ITEMS
*Mr. Krueger arrived at 2:12 p.m.
Mr. Krueger informed the Board of the completion of the ECTI application agreement. Mr. Krueger said the application agreement had not been submitted. Mr. Krueger told the Board that the paperwork for the DEQ permit had been completed, but not submitted.
Mr. Krueger updated the Board on the Virginia Supreme Court ruling in Mr. Doug Johnson’s appeal of the issuance of a certificate for incorporation for JRWA. Mr. Krueger told the Board that Mr. Johnson’s appeal had been dismissed and all other suits need to be dismissed from the docket as well.
Mr. Mullen motioned for a five minute recess; Mr. Gooch seconded the motion which carried by a vote of 5-0, with Mr. Payne absent, the motion passed for a five minute recess at 2:14 p.m.
*Regular session resumed at 2:19 p.m.
Mr. Krueger talked to the Board about the completion of the service agreement.
Mr. Krueger suggested that the Board acquire an appraisal for the Water Treatment Plant site. Mr. Krueger said that in order for the property to be appraised, whether held by Louisa and Fluvanna jointly or the Authority individually, a payment from Louisa to Fluvanna needed to be made because Fluvanna currently owns the property. Mr. Krueger suggested that the Board first seek to have the property surveyed and then appraised to indentify the value.
Mr. Krueger informed the Board of USDA Rural Development’s interest in funding the Zion’s Crossroads Water Treatment Plant. Mr. Mullen elaborated by telling the Board that USDA Rural Development is offering a 2.5% interest rate to finance the Zion’s Crossroads Wastewater Treatment Plant. Mr. Gooch stated that he thought the project was too large for USDA Rural Development. Mr. Mullen responded that it initially was; however, they had excess stimulus funding that they needed to use for “shovel ready” projects. Mr. Mullen said that the Water Treatment Plant meets the qualifications that they are looking to finance. Mr. Gooch asked if they were given a time frame to discuss any action. Mr. Mullen said no. Mr. Lawton suggested that two members from the JRWA meet with Jim Allen of Rural Development to discuss the funding.
On the motion of Mr. Gooch, seconded by Mr. Thomasson, which carried by a vote of 5-0, with Mr. Payne absent, the Board voted to adjourn the November 19, 2009 meeting at 2:30 p.m.
BY ORDER OF
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THOMAS E. PAYNE, CHAIRMAN
BOARD OF DIRECTORS
JAMES RIVER WATER AUTHORITY