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HomeMy WebLinkAbout2003-03-03 WUCFD MINUTESWATER UTILITIES COMMUNITY:FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY) CITY OF'APAOHE -JUNCTIOK ARIZONA REqULARMEETING,. MARCH: 3% ":''2'0:63 The regular meeting of the District Bdard of the Water Utilities Community Facilities District (Apache Junction Water Company),City of Apache Junction,Arizona,was held on March 3,2003,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Chairperson Coleman called the meeting to order at 6:05 p.m. ROLL CALL Board Members Present:Chairperson Douglas Coleman Vice Chairperson Anne Surra Mr.Joe Durbala Mr.Brian Milkey Ms.Carol Urich Staff Present: (Mr.Dietz and Mr.Eck were absent.) George Hoffman,District Manager Kathleen Connelly,District Clerk Doug Dobson,District Operations Manager Brian Hall_District Water Superintendent Others Present:Joel Stern,City Attorney APPROVAL OF MINUTES OF FEBRUARY 18,2003 ) )Ms.Urich MOVED THAT THE MINUTES OF FEBRUARY 18,2003,BE APPROVED. Vice Chairperson Surra SECONDED THE MOTION. VOTE:Unanimous. Water Utilities Community Facilities District Meeting Minutes of March 3,2003 Page 1 of 5 The motion carried. DISCUSSION AND DIRECTION TO STAFF REGARDING SETTLEMENT OF A PENDING CLAIM FOR PROPERTY DAMAGE RESULTING FROM FLOODING AND MOLD INCIDENT IN THE SUMMER OF 2002 ) City Attorney Joel Stern advised that District Counsel Bill Farrell was unable to attend this evening. This item has been discussed in the past in order for the board to designate an amount that they can agree on to be paid to Mrs. Rausch. The release and agreement have already been drafted. The release could come back for the board to look at, if they desire. Mr. Durbala commented it should be the end of this once this has been approved. City Attorney Joel Stern stated the motion can include authorization for the chairperson to sign the release and the district counsel will be approving the,agreement as to form. requested amount is. is between certain amounts: staff is recommending $18,500. is correct. Chairperson Coleman asked what the City Attorney Joel Stern stated it Vice Chairperson Surra commented City Attorney Joel Stern stated that District .Clerk Kathleen Connelly stated that is the correspondence she received from the district's attorney. Mr. Durbala commented he thought it was kind of high but he can see that they are trying to satisfy the customer. Water Utilities Community Facilities District Meeting Minutes of March 3, 2003 Page 2 of 5 •Mr.Milkey asked if they will continue to withhold funds from the subcontractor until we reach an agreement with them. District Water Superintendent Brian Hall stated they have had the first negotiating meeting with them and it went shortly and sweetly.They asked for additional paving.The district engineer stated the district has about $140,000 in claims,including this,and the district proposes they call their last bill their final bill and go away.The vice president stated he did not have that authority and they would have to have another meeting with the president of the company.The district's intention is to negotiate with them,but he is uncertain of their legal grounds.They will continue to hold that as a card while negotiatinTwith them. Chairperson Coleman closed the discussion and called for a motion. Vice Chairperson Surra MOVED THAT WE DIRECT STAFF TO PAY THE SUM OF $18.500 AS A COMPLETE AND FULL SETTLEMENT AND AS CONSIDERATION FOR AN ASSIGNMENT OF 'CLAIMS AND A COOPERATION AGREEMENT BETWEEN A PROPERTY OWNER,THE CITY AND THE DISTRICT IS ACCOMPLISHED;AND I ALSO DIRECT THAT THE BOARD CHAIRMAN SIGN THAT AGREEMENT WHEN IT IS APPROVED AS TO FORM BY THE DISTRICT ATTORNEY AND OURCITY ATTORNEY.- Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion as to whether the next item on the agenda would need to be addressed. MOTION FOR EXECUTIVE SESSION AT 6:00 P.M. TUESDAY,MARCH 4,2003,IN THE CITY CONFERENCE ROOM FOR THE PURPOSE OF CONSULTATION FOR LEGAL ADVICE WITH THE DISTRICT'S ATTORNEY REGARDING WATER LINE Water Utilities Community Facilities District Meeting Minutes of March 3,2003 Page 3 of 5 EXTENSIONS/RAUSCH CLAIM )Mr.Durbala MOVED THAT WE HAVE AN EXECUTIVE SESSION,IF NEEDED,TOMORROW NIGHT FOR THE WATER BOARD AT 6 P.M.IN THE CITY CONFERENCE ROOM FOR THE PURPOSE OF CONSULTATION FOR LEGAL ADVICE WITH THE DISTRICT ATTORNEY REGARDING WATER LINE EXTENSIONS AND THE RAUSCH CLAIM. VOTE:Unanimous. The motion carried. ADJOURNMENT meeting at 6:15 p.m. Ms.Urich SECONDED THE MOTION. )Chairperson Coleman adjourned the ACCEPTED THIS 18TH DAY OF MARCH ,2003,BY THE CHAIRPERSON AND DISTRICT BOARD OF THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY),CITY OF APACHE JUNCTION,ARIZONA. DAY OFSIGNED AND ATTESTED TO THIS 18TH ATTEST: Kathleen Connelly District Clerk 0 Douglas Coyeman Chairperson MARCH 2003. Water Utilities Community Facilities District Meeting Minutes of March 3,2003 Page 4 of 5 •WATER UTILITIES COMMUNITY FACILITIES DISTRICT MINUTES CERTIFICATION I hereby 'certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Water Utilities Community Facilities ,District of the City of Apache Junction,Arizona,held on the 3rd day of March,. 2003,I further certify that the meeting was duly called and held and that a quorum Was present. Dated this 4th day of March'.2003 Kathleen Connelly District Clerk Water Utilities Community Facilities District Meeting Minutes of March 3,2003 Page 5 of 5