BOARD OF DIRECTORS
FLUVANNA COUNTY OFFICE BUILDING
NOVEMBER 5, 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
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
Chairman Payne called the November 5, 2009 regular meeting of the James River Water Authority Board of Directors to order at 2:05 p.m., which was followed by the Pledge of Allegiance.
READING AND APPROVAL OF MINUTES OF PRECEDING MEETINGS
On the motion of Mr. Gooch, seconded by Mr. Duke, which carried by a vote of 6-0, the Board approved the minutes of the October 1, 2009 meeting as presented.
CHAIRMAN/EXECUTIVE DIRECTOR ITEMS
None.
ITEMS FROM THE PUBLIC
Mr. Payne opened the public comment period. With no one wishing to speak, Mr. Payne closed the public comment period.
CONSENT AGENDA ITEMS
None.
OTHER BUSINESS
Mr. Payne informed the Board that the Authority received a response from AquaVirginia in regard to the September 16, 2009 letter from the Board to AquaVirginia.
Clifton Parker, Director of Engineering and Corporate Development with AquaVirginia, discussed the details and overview of AquaVirginia’s response letter to the Board. Mr. Parker’s discussion included growth rates and water consumption, plant capacities, withdrawal capacities and proposed bulk water rates.
The Board had questions regarding the proposed bulk water rates, water levels on the Rivanna River, the proposed project price and infrastructure locations.
Mr. Payne asked that this discussion be moved to the next meeting so that the Board members would have the opportunity to review the information and make a decision.
OTHER ITEMS FROM BOARD OR STAFF NOT ON AGENDA
None.
ATTORNEY’S ITEMS
Mr. Krueger updated the Board on the ECTI agreement and the DEQ withdrawal permit. Mr. Krueger discussed financing with VRA and the bond market and updated the Board on the service agreement. Mr. Krueger discussed the financing structure and credit ratings.
Mr. Payne discussed the recent changes to the members of the Fluvanna Board of Supervisors due to the election and the effect that those changes could have on the James River Water Authority. Mr. Krueger discussed the potential effect of waiting until after January 1, 2010 to make decisions.
FINANCIAL ADVISOR’S ITEMS
Mr. Lawton briefly discussed the VRA financing and the current experience in the bond market and credit ratings.
Mr. Gooch asked what would happen if decisions were put off until after January 1, 2010. Mr. Krueger said there would be a spring bond pool in March or April 2010.
Mr. Payne asked about the law suit pertaining to the petitions. Mr. Krueger said an appeal had been filed to the Virginia Supreme Court. Mr. Krueger said the Virginia Supreme Court would hear the appeal if a statement of record and bond had to be posted by a certain date. Mr. Krueger said that was not done.
ENGINEER’S ITEMS
Mr. Hines updated the Board on the funds from the DOC and the Dominion Virginia Power agreement.
Mr. Payne said he would be absent during the second meeting of the month, but Vice-Chairman Duke would run the meeting.
Mr. Duke said he had some concern about not receiving a copy of any agreements or contracts, such as the Timmons Group contract. Mr. Duke said he would like to receive a copy of that kind of information.
Mr. Duke said he noticed that some bills were being paid and he thought that the bills should be seen or approved by the Board. Mr. Payne said he had no problem with that. Mr. Payne said the bills could be included in the Board packet for approval.
It was the consensus of the Board to adjourn the meeting at 2:50 p.m.
BY ORDER OF
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THOMAS E. PAYNE, CHAIRMAN
BOARD OF DIRECTORS
JAMES RIVER WATER AUTHORITY