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Home My WebLink About2009-10-06 WUCFD MINUTESWATER UTILITIES COMMUNITY FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY) CITY OF APACHE JUNCTION, ARIZONA REGULAR MEETING OCTOBER 6, 2009 The regular meeting of the District Board of the Water Utilities Community Facilities District (Apache Junction Water Company), City of Apache Junction, Arizona, was held on October 6, 2009, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Chairperson Insalaco called the meeting to order at 6:00 p.m. ROLL CALL Board Members Present:Chairperson Insalaco Mrs. Robin Barker Mr. Doug Coleman Mr. Rick Dietz Mr. Jeff Serdy Mr. Chip Wilson Staff Present: (Vice Chairperson Eck was absent.) George Hoffman, District Manager Kathleen Connelly, District Clerk David Fern, Utility Director Frank Blanco, District Director Giao Pham, District Engineer John White, District Finance Manager Donna Meinerts, District Finance Dir. Kay Bigelow, District Legal Counsel Others Present:Bryant Powell, Assistant City Manager Hazel Randall, District Admin. Asst. APPROVAL OF MINUTES OF SEPTEMBER 15, 2009 ) Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 1 of 7 )Mr. Dietz MOVED THAT THE MINUTES OF SEPTEMBER 15, 2009, BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. MOTION FOR EXECUTIVE SESSION called for a motion. Mr. Wilson SECONDED THE ) )Chairperson Insalaco Mrs. Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M. ON TUESDAY, OCTOBER 6, 2009, IN THE CITY COUNCIL CONFERENCE ROOM FOR THE PURPOSE OF CONSULTATION FOR LEGAL ADVICE WITH THE DISTRICT'S ATTORNEY IN ACCORDANCE WITH A.R.S. § 38-431.03(A)(3) AND (4) AS FURTHER OUTLINED ON THIS AGENDA. Mr. Wilson S8CONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION AND APPROVAL OF AGREEMENT WITH DESERT COMMUNITIES AND ARIZONA STATE LAND DEPARTMENT FOR THE PURPOSE OF SHOWING FINANCIAL CAPABILITY FOR ARIZONA DEPARTMENT OF WATER RESOURCES' REVIEW OF DISTRICT'S APPLICATION FOR MODIFICATION OF ITS DESIGNATION FOR ASSURED WATER SUPPLY ) )District Legal Counsel Kay Bigelow stated this item should be held until after the executive session. APPROVAL AND RATIFICATION OF EMERGENCY PURCHASE CONTRACT WITH Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 2 of 7 GILBERT PUMP & EQUIPMENT CO. FOR PUMPING EQUIPMENT REPLACEMENT AT WELL #5 )District Legal Counsel Kay Bigelow stated this is an agreement to ratify an emergency purchase contract with Gilbert Pump.During the repairs it became obvious the pump needed to be replaced.The chairman had approved it and this motion allows the board to ratify it. Chairperson Insalaco called for a motion. Mr. Dietz MOVED THAT THE BOARD RATIFY THE CHAIRMAN'S EXECUTION OF THE CONSTRUCTION AGREEMENT WITH GILBERT PUMP & EQUIPMENT COMPANY FOR THE SERVICES THEREIN IDENTIFIED IN AN AMOUNT NOT TO EXCEED $64,479.65. Mrs. Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PRESENTATION AND DISCUSSION ON GROUND WATER RULE )District Director Frank Blanco briefed the board on the item.It will go into effect December 1, 2009.It affects all public water systems serving ground water.It runs independent yet simultaneous with the total choloform and ground water rule.It requires public notice in case of violation of the rule.We have not had any violations in the past.Public notification means having to boil water.It is an Environmental Protection Agency rule signed on October 11, 2006 and enforced by the Arizona Department of Environmental Quality.It took 3 years to be put into effect.This also regulates the water served on airlines. They are currently operating under the choloform rule from 1990. It addresses the distribution system and samples are taken for choloform bacteria.If bacteria is detected, the sample is further processed for fecal or e coil.The confirmation sample is allowed under the TCR; it is a big difference when they get into the new ground water rule.Currently they take 15 samples Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 3 of 7 on a monthly basis at 15 different locations.They are sent to Arizona Department of Environmental Quality and we have not gotten any positive samples since 2005. Mr. Dietz commented they did have one positive sample a number of years ago. There was general discussion as to what year that occurred. District Director Frank Blanco commented the new ground water rule will require a source sample taken at the well head.It will be for e coli and two other types of bacteria.The other rule pertained to the distribution system; this one pertains to the source.The ground water rule is only triggered when there is a positive choloform sample.No confirmation sample is allowed.If there is a positive sample, they have to immediately test the well head for bacteria.Most e coli strains are harmless and it is commonly found in the intestines of warm-blooded animals.It is an indicator of sewage or fecal contamination.If the samples are negative, they continue with business as usual.A public notice is required for fecal contamination, but not for positive e coli samples.He described the additional monitoring they would have to do with positive samples.He described the steps for corrective action.The public notification has three tiers. Tier 1 is for serious; it needs to be done in 24 hours and is broadcast on the radio or television or by hand -delivered notices.Tier 2 is serious but not immediate; notification needs to be done within 30 days.Tier 3 is less serious; no health effects and only requires an annual notice.We are a consecutive water system, taking water from Arizona Water and Mesa.If we get a positive result, they would have to notify Arizona Water and Mesa since the problem water could be coming from them.If they have a problem, then they need to notify us. DISTRICT MANAGER REPORT None. DISTRICT DIRECTOR REPORT None. Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 4 of 7 DISTRICT TREASURER REPORT None. DISTRICT LEGAL COUNSEL REPORT District Legal Counsel Kay Bigelow stated she is hoping they can pass the financial capabilities agreement.They can go upstairs for an executive session on it if they feel they need to have one, or they can go ahead and pass it without the executive session if they feel they do not need the executive session. Chairperson Insalaco asked where the city attorney is going to meet them. District Legal Counsel Kay Bigelow stated he is meeting them upstairs.They will have to go upstairs to meet him and then come back downstairs to consider the agreement. The board then went upstairs for the executive session. Chairperson Insalaco reconvened the meeting. CONSIDERATION AND APPROVAL OF AGREEMENT WITH DESERT COMMUNITIES AND ARIZONA STATE LAND DEPARTMENT FOR THE PURPOSE OF SHOWING FINANCIAL CAPABILITY FOR ARIZONA DEPARTMENT OF WATER RESOURCES' REVIEW OF DISTRICT'S APPLICATION FOR MODIFICATION OF ITS DESIGNATION FOR ASSURED WATER SUPPLY (continued)) )Chairperson Insalaco called for a motion. Mrs. Barker MOVED THAT THE AGREEMENT WITH DESERT COMMUNITIES AND ARIZONA STATE LAND DEPARTMENT FOR THE PURPOSE OF SHOWING FINANCIAL CAPABILITY FOR ARIZONA DEPARTMENT OF WATER RESOURCES' REVIEW OF DISTRICT'S APPLICATION FOR MODIFICATION OF ITS DESIGNATION FOR ASSURED WATER SUPPLY BE APPROVED, AND THAT THE BOARD CHAIR OR VICE CHAIR Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 5 of 7 BE AUTHORIZED TO SIGN THIS AGREEMENT SUBJECT TO FINAL APPROVAL AS TO FORM BY THE DISTRICT LEGAL COUNSEL. MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT adjourned the meeting at 6:41 p.m. Mr. Dietz SECONDED THE ) Chairperson Insalaco ACCEPTED THIS 3RD DAY OF NOVEMBER , 2009, BY THE CHAIRPERSON AND DISTRICT BOARD OF THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY), CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER 2009. aln S. Ihsalaco airperson ATTEST: • 'envKathleen Connelly District Clerk 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 Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 6 of 7 Junction, Arizona, held on the 6th day of October, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of October, 2009. Zth- Kathleen Connelly District Clerk Water Utilities Community Facilities District Meeting Minutes of October 6, 2009 Page 7 of 7