Eldorado Area Water and Sanitation District

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ABBREVIATED FINAL MINUTES – SPECIAL BOARD MEETING -- 18 July 2006  at ECIA Classroom, 7:00 pm 
MEETING CALLED TO ORDER by President Raynard at 7:03 pm 
ROLL CALL by Secretary Hale: Those present were Director Williams, Director Cooper, Director Raynard, Director Robens, Director Hale 
Others in attendance: John Appel, Attorney for the District; Barbara Mandel, Administrative Assistant to the Board, Paul Butt, District Financial 
Coordinator; Rick Meyers, OMI Manager; 9 public visitors 
APPROVAL OF AGENDA 
MOTION: Director Hale moved to approve the agenda. Director Williams seconded the motion. 
•  No discussion 
•  Vote was 5 to 0 in favor of the motion. 
APPROVAL OF MINUTES: 26 Jun 06 
MOTION: Director Cooper moved to approve the minutes of 26 Jun 06. Director Raynard seconded the motion. 
•  Discussion: 
	•  Question directed to Attorney Appel regarding not voting if the Director did not attend that meeting. 
		•  Attorney Appel replied that it's custom, not a rule for those not present at a meeting not to vote on matters of that meeting. 
•  Vote was 3 to 0 by members present at the 26 Jun 06 meeting in favor of the motion. Director Robens abstained due to not being at the 
   26 Jun 06 meeting. Director Williams did not vote. 
PUBLIC COMMENTS:
>  Ricki Boyer; Chappala Rd : Asked what is the status of the tanks. 
		--  Director Robens responded that he had a graph to hand out during item #1 on the agenda; the tanks are above 90% full. 
>  Ms Boyer asked if the aquifer is ok.
		--  Director Robens responded that the aquifer was fine and this is not an aquifer issue; it's an issue of water delivery.
>  Ms Boyer stated that she is concerned about the Commonweal development near Lamy. 
		--  Director Robens responded that the Board has an application, but had not acted on it; the Commonweal Conservancy has a lot to do to
            prove that there is water there. Director Robens explained the process. 
>  A short discussion of the process proceeded.
>  Tom Boyer, Chappala Rd : how many other communities use Eldorado water and what is the growth capacity of the system. 
		--  Director Cooper responded that there are 22 smaller developments around the area and they have been on the system for years. Director
            Cooper explained about the wells and added that there is an average of 1-2 connections per week in the established communities. He explained
            that at present, the District is just keeping up with demand; that's why the new well is needed.
>  Mr. Boyer asked about the Stacy Crossingham development.
		--  Director Cooper responded that they are on their own well and use very little water. 
		--  Director Raynard replied that the underlying question is, whether there is enough water under the ground for all of us. There is a hydrology study
            which will answer this; Commonweal is in a different aquifer.
>  Mr. Boyer asked whether the water will come out of Eldorado if the 285 corridor is developed, 
		--  Director Cooper responded that very likely they will connect to the system. 
		--  Director Raynard explained that the Board's position is to talk with the developers and if they can supply 30 percent more water than they will use,
            they may be able to have water supplied by EAWSD; also the Board wants to keep track of the available water.
>  Mr. Boyer asked whether there is a study that says there is enough water for 285.]
		--  Director Cooper replied no, there is not a separate study.
>  Carol Klawa asked what day is she supposed to be watering and will the Board talk about it. 
		--  Director Cooper replied the Board will. 
		--  Director Robens stated that there will be a mailing to all ratepayers of the changes.
>  Mr. Bednarz stated that Las Vegas  has water problems from a lot of construction and asked if the EAWSD is close to that situation. 
		--  Director Cooper responded that Las Vegas  has an emergency well being drilled and the District is not in that situation. The District has the water, 
            it's the pumping capacity that is the problem. He also stated that the Board will restrict water use by construction.
>  Mr. Bednarz asked if the District provides water to homes being built. 
		--  Director Hale responded that the District has an obligation to provide water to people in the District. 
		--  Director Cooper responded that the Board is a water and sanitation Board and the Board does not have authority over land use
>  Mr. Bednarz asked if the Board can say the District won't provide water. 
		--  Director Cooper replied that they will drill a well. 
		--  Attorney Appel stated that the District has an obligation to provide water for those within the District area.
>  Frances  Lumbers asked if the process is the same as when people are in the house.
		--  Attorney Appel responded that there are 2 processes, which he explained.
>  Beth Colson, 36 Aventura Rd, stated that she has 2 small children, one is a 2 year old with Downs  Syndrome. She explained that she has taken 
    out 75% of the plantings and that she and her husband want to provide what's best for their child. She wants to put in a small yard of sod using most
    of the water from rain barrels. She added that he puts a lot of things in his mouth; he falls down a lot and she wants a place where he can have a bit 
    more independence. She stated that she has a letter from the physician and physical therapist. 
		--  Director Raynard stated that Ms Colson is asking for a variance. Director Hale asked if Ms. Colson has investigated artificial grass. 
			--  Ms Colson replied yes, but there are issues with heat. 
		--  Director Hale asked what kind of grass is being considered. 
			--  Ms Colson replied anything the Board would recommend. 
		--  Attorney Appel, citing the Open Meetings Act, stated that this issue is not on this week's agenda and it should be something that needs to be on the agenda. 
		--   Director Raynard requested that the request be put in writing, with documentation, and then it can be placed on the agenda. 
		--  Ms Colson asked who should she get it to. 
			--  Director Raynard responded Barb Mandel or me.
		--  Director Robens stated that there is a section on variances and Ms Mandel will get you the WAMP.
>  Ms Lumbers asked if she can have access to the WAMP. 
		--  Director Raynard replied that everyone will get a copy, either it will come with the bill or it will be a separate mailing.
>  Mr. Boyer asked if the water system has the capacity to capture rainwater. 
		--  Director Robens responded no because the District does not have a reservoir.
>  Mr. Boyer asked how deep are the wells. 
		--  Director Cooper responded that they vary a lot. 
		--  Mr. Boyer asked if it is possible to build something to capture rainwater. 
			--  Director Cooper responded on individual basis yes; but not for the system, because of the ground formation.
>  Director Raynard stated the need to move along with the meeting and closed the period of public comments.
CONSENT AGENDA: None 
REPORTS 
Treasurer: J. Williams, P. Butt
>  Director Williams turned the presentation over to Mr. Butt.
>  Mr. Butt explained the June report. 
		--  Director Cooper asked if this report included the end of the FY. 
		--  Mr. Butt responded no, it's just June and he is working on the end of year report. 
Operations Report: B. Robens, R. Meyers
>  Director Robens stated that he will talk about tank water levels in the first item on the agenda; Commonweal is scheduled to go to the
    County CDRC  in Aug and the District should receive their information in 2 – 3 weeks.
>  Mr. Meyers stated that the tanks are at 92/93%; the replacement booster pump is installed and working; OMI  has taken additional security
    measures for the SCADA system. 
Status of HSWI Project: J. Cooper
>  Director Cooper stated that for well #17, the easement maps are finished and have been turned over to the attorney and attorney Appel is working on 
    agreement. Director Cooper stated that the easement request will go to the homeowners of Dos Griegos for approval.
>  Director Cooper stated that the engineering firm for the well site and the transmission line, SMA, is doing the preliminary engineering right now and 
    they are getting the permit for the driveway access to the highway.
>  Director Cooper explained that he met with GGI today to go over the status of everything. The hydrology study will be shifted in favor of getting the well
    done; the RFB for drillers will go out in early Sep; the drilling will be done in Oct; the well will be completed before Thanksgiving and connected to system 
    in Jan or Feb 2007. 
		--  Director Williams asked if Director Cooper knew when the Dos Griegos Board will meet. 
		--  Director Cooper responded in a couple of days. 
		--  Attorney Appel explained he will not send the agreement to their attorney until Director Cooper approves it. 
REGULAR AGENDA 
1. Consideration to Change the Water Alert Stage B. Robens 
•  Director Robens discussed the stages and several requests as to when the stage will be changed. He explained that he could make a case for either way,
   i.e., staying in Stage 2 or changing to the Normal  Stage or Stage 1. 
•  There were 3 handouts explaining the weekly tank level trend, the total system water storage capacity and the total well production per week (see attachments). 
•  Director Robens recommended staying in Stage 2 for another 2 weeks because if the area does not have rain, the District will still be in a water shortage position;
   because it is difficult to predict how much people will conserve if Stage 2 is relaxed, and because there may still be two months of warm weather ahead. 
•  There was a short discussion about rain patterns. 
•  Director Raynard asked if Director Robens recommendation is to be cautious and be safe. 
		•  Director Robens replied yes. 
•  A discussion about the stages followed. 
•  Director Robens explained that his specific recommendation is no change at this time and the subject will be reconsidered at first meeting in Aug. 
•  Director Raynard asked if any one in the public had a comment. 
		--  Lou Zavarkos stated that Director Robens has made a lot of effort to improve the system and slowly moved the production up; he added that even during 
            Stage 2 the water use hasn't gone down. 
		--  Mr. Zavarkos asked about when the tank level readings are taken.
			--  Mr. Meyers replied on Fri in the morning. 
		--  Mr. Zavarkos asked if that is the very lowest point in the day and suggested getting recording devices to give the District solid evidence. 
			--  Director Robens replied that SCADA has hourly readings of tank levels. 
		--  Ms. Lumbers stated that she heard that a lot people heard or read the District is at 95% capacity and they are expecting to go to Stage 1. People need an
            explanation as to why this judgment is being made. 
			--  Director Robens stated that there is no newspaper reporter at the meeting. 
			--  Director Cooper responded that the District pumped very heavily for a couple of weeks and the Board is allowing the wells to recover. 
			--  Mr. Meyers stated that the pumping is still pretty heavy. 
			--  Director Cooper stated the need to give the wells a change to recharge. 
•  Carol Klawa stated that there is a study that states water use goes up when water is limited. 
•  Both Directors Raynard and Robens replied that is very interesting. 
•  Ms Boyer asked what is the difference between a drip system compared to hose watering because people think they can run their drip systems whenever they want. 
•  A short discussion followed. 
•  Director Raynard asked to bring the subject to a close. 
MOTION: Director Robens moved that there be no change to the stage level at this time and recommend that the topic be re-evaluated at the 1 Aug 06 Board meeting. 
               Director Cooper seconded the motion. 
•  No discussion 
•  Vote was 5 to 0 in favor of the motion. 
2. Discussion of Possibly Joining the State Welfare and Retirement Benefit Plans for the Benefit of Future Employees M. Raynard 
•  Director Raynard explained that the District is eligible to join the State Benefit Plan. It is a large risk pool and the State would send the District a bill every month. 
   It's up to the District to decide to share cost with the employee or pay the entire premium for the employee. She described the 3 options: PPO; HMO; Cigna. 
   She also stated that she spoke with other brokers to see if they can do better than the State. 
•  Director Raynard explained the retirement options: The District can join the State system; the State contributes 17% of the employee's gross salary to the retirement fund. 
   She stated that she believed that it is too rich. Director Raynard stated the District can set up an IRA plan. 
•  A discussion followed regarding the handout of the options (see attached). 
•  Director Raynard stated that another option is the municipal plan at 7.5% of the employee's gross salary. 
•  Director Cooper stated that these benefits constitute 20 to 30% of the salary and the benefit to the District is that it is a package deal and it is handled by someone else. 
•  Director Raynard stated that the Distinct would pay the state to administer the programs. 
MOTION: Director Raynard moved to join the State Welfare Benefits Plan with cost sharing of 20% of costs by the employees which will be deducted from the biweekly 
               pretax dollars. Director Robens seconded the motion. 
•  Discussion: 
	•  Director Robens stated that he is close to choosing a civil engineer and these issues have been discussed with him and health coverage is very important. 
	•  Director Cooper stated that this cost of benefits is not a line item in the budget. 
		•  Mr. Butt replied that is correct. 
	•  Director Cooper stated that when the Board talked about salary, benefits were not included. 
	•  Director Robens stated it was assumed that the direct budget benefits were included and the Board is below the amount budgeted for the position. 
	•  Director Raynard stated that the District has $170K for 2 employees. 
	•  Director Williams stated that even if the cost exceeds the amount budgeted, a budget adjustment can be done. 
	•  Mr. Butt suggested making the appropriate selection and then the accounts can be adjusted. 
•  Vote was 5 to 0 in favor of the motion. 
3. Consideration and Decision on Request for Proposals for Administrative Assistant M. Raynard 
•  Director Raynard explained why the RFP has to go out and that the RFP accomplished with Attorney Appel's help. 
•  Attorney Appel stated the RFP is essentially the same as 2 weeks ago; see handout; he changed the date due and compensation section changed to biweekly. 
   No other changes. 
MOTION: Director Raynard moved to accept the RFP as amended for Administrative Assistant. Director Hale seconded the motion. 
•  Discussion 
	•  Director Robens asked if this RFP is for 3 years. 
		•  Attorney Appel responded that it allows for annual renewal. 
	•  Director Robens asked if the contract can be terminated if the Board needs full-time position. 
		•  Attorney Appel replied that the contract can be renegotiated for a different number of hours. 
•  Vote was 5 to 0 in favor of the motion. 
•  Attorney Appel stated it must be published in the legal section in the newspaper and he will give the notice to Director Hale; it has to run for 10 days. 
•  Director Cooper added that it takes 4 days before an ad runs. 
4. Consideration and Decision on Request for Proposals for Financial Coordinator M. Raynard 
•  Director Raynard asked if there are any amendments: 
	•  Attorney Appel: add district to Water and Sanitation on p. 3 
	•  Director Robens stated that the RFB should be explicit in the number of hours per week so all proposals are comparable 
		•  Attorney Appel replied that this is a request for proposal not a request for bid; the Board can ask for clarification or rationale for cost. 
	•  Director Robens asked if that can be done upfront. 
		•  Attorney Appel responded to amend the last item on selection criteria to say “cost on an hourly and annual basis.” 
•  A discussion about hour vs. yearly estimates followed. 
MOTION: Director Raynard moved to accept the RFP for Financial Coordinator as amended. Director Williams seconded the motion. 
•  Discussion 
	•  Director Cooper stated that attorney Appel's suggestion of “cost on an hourly and annual basis” should be included. 
•  Vote was 5 to 0 in favor of the motion. 
5. Discussion and Consideration of Hearing Schedule to Consider Application for Inclusion of Property within the District J. Appel 
•  Attorney Appel summarized requirements for the process. 
•  Attorney Appel stated that if the Board grants inclusion, he must prepare an order for inclusion and file it in Court and the Court will issue its own 
   order and certified copies of that will go to the County. 
•  Director Cooper asked if the 3 pieces of property can be considered separately. 
	•  Attorney Appel replied yes. 
•  Director Robens asked if this can be a regularly scheduled meeting. 
	•  Attorney Appel replied yes. 
•  Director Robens asked if the Board can take protests up to week prior to the meeting rather than receiving them on the day of the meeting. 
	•  Attorney Appel replied no because The Water and Sanitation Act states protests are to be accepted up to the opening moment of the meeting. 
•  Director Robens asked if the Board approves inclusion and it goes to the court, can people who protested go to the court and protest appealing 
   the process. 
	•  Attorney Appel responded conceivably, they can take the decision to the District Court and they could argue that the Board decision was arbitrary, 
       capricious and not legal. 
•  Director Robens stated that no matter the decision, that the decision can be protested. 
•  Director Raynard stated that all protests must be in writing, but what about those who support inclusion, do they have to put it in writing. 
	•  Attorney Appel responded that they can stand up and state their reason and the Board should make it clear that they present their case. 
•  Director Williams asked who can protest the action, a tax payer. 
	•  Attorney Appel replied no, anyone who opposes inclusion can oppose it; “all interested persons” is taken from the statute. 
•  A discussion followed about the protest process. 
•  Director Williams asked what the action tonight is. 
	•  Director Raynard replied the Board needs to set a date for the hearing; 24 Aug for the hearing; Ms Mandel will get a room for 6 pm. 
       She added that the Board can have a presiding officer who does not have to be a member of the Board. A discussion about posting
       the notice followed. 
•  Attorney Appel recommended that the Board does not the issue the decision at the meeting; thus, the Board should pick a date for the decision. 
   The decision can be announced at a regular Board meeting. 
•  Mr. Bednarz asked if this comes with water rights. 
	•  Attorney Appel responded that does not guarantee the area will ever receive water; water will be according to water service policy. 
•  Mr. Zavarkos suggested the Board have an informational meeting prior to the meeting, so people can ask questions and have a chance to assimilate
   the information so they won't write protests. This is the first time this is happening and the Board can expect concern. 
	•  Director Raynard responded that the Board will take it under consideration. 
	•  Attorney Appel stated that the Board should not take it under consideration because in its quasi-judicial capacity there are certain steps and it is not 
       appropriate to hold a public meeting. 
	•  Director Raynard asked if there is any way to notify the public to make the process efficient. 
	•  Attorney Appel replied that more information can be added to the notice. 
•  Director Williams asked if this is a judicial process. 
	•  Attorney Appel replied that it is a quasi-judicial, administrative hearing. He added that if the Board wishes, the Board can adjourn and discuss in private
       the pros and cons and come out of closed session and take a vote. 
•  Director Williams asked if the decision has to be the same night of the meeting. 
	•  Attorney Appel replied it does not; any public meeting can be recessed and can reconvene at a later time. 
•  A discussion regarding public comments and protesting followed. 
•  Director Williams asked if the Board should have a court reporter. 
	•  Attorney Appel replied that it is not recommend; a court reporter is not needed with a competent note taker; protestors can bring in their own court reporter. 
•  Director Raynard asked about giving advanced notice; it there any appropriate way to communicate with the community about the hearing. 
	•  Attorney Appel suggested adding a sentence in the notice saying the description is available at a particular location. 
•  Director Robens asked if this is sworn testimony. 
	•  Attorney Appel strongly recommended it should be because of a prior court ruling. 
•  Mr. Bednarz asked if the petitioner can drill wells. 
	•  Attorney Appel responded that inclusion in the District does not prohibit them from drilling a well. 
•  A discussion of the process of joining the District followed. 
•  Director Raynard requested that attorney Appel notify Mr. Miller of the hearing date. 
6. Review and discussion of Task List M. Raynard 
•  Director Raynard tabled this item until the next meeting. 
BOARD COMMENTS
>  Director Raynard stated the luncheon held for the Water and Natural Resource Committee was very successful; the Board needs to think about its legislative wish list;
    this should be an agenda item in the future.
>  Director Raynard stated that she attended a meeting today with the Dos Griegos Board and the ECIA and said there is still a lot of misinformation; Board members need
    to go to meetings and the Board should never assume that it knows what the community is thinking.
>  Director Raynard stated that the final version of the WAMP is within days of completion and there will be a separate mailing.
>  Director Williams gave an update of the status of the First National Bank with regards to the problems he encountered with previous bank manager who has now been 
    replaced. Director Williams and Mr. Butt met with the new manager and he wants to help the District with the problems.
>  Mr. Butt stated that this individual seems very responsive; there were significant banking errors and after meeting with him the accounts are now reconciled.
>  Director Robens stated that the debrief on the water main break will be on 24 July at OMI  at 7 pm ; this is not a meeting and it is not noticed.
>  Director Robens stated that the attorney comments have been coming under Public Comments, and he felt that this was awkward. He recommended that there should be a 
    place under Reports for attorney Appel to make comments. 
	--  Director Raynard concurred and indicated that a place for attorney comments would be added to the agenda. 
	--  Attorney Appel replied that some organizations have announcements from staff and a report from counsel. 
>  Director Cooper stated that the topic of rate setting/analysis needs to be at the next meeting. A discussion of the type of meeting followed. 
	--  Director Raynard stated that the topic will be scheduled for the next meeting. 
ADJOURNMENT 
MOTION: Director Williams moved to adjourn the meeting. Director Robens seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the motion. 
•  The meeting was adjourned at 10:01 pm . 
A full recording of the meeting proceedings is available at the District Office. 

 


ABBREVIATED FINAL MINUTES – SPECIAL BOARD MEETING -- 10 July 2006  at ECIA, Railroad Room, 7:00 pm 
MEETING CALLED TO ORDER by President Raynard 
ROLL CALL by President Raynard: Those present were Director Raynard, Director Cooper, Director Robens, and Director Williams. Director Hale was absent. 
Others in attendance: John Appel, Attorney for the District; Barbara Mandel, Administrative Assistant to the Board, Paul Butt, District Financial Coordinator;
Rick Meyers, OMI Manager; David Collins, The Santa Fe New Mexican ; 4 public visitors. 
APPROVAL OF AGENDA 
MOTION: Director Robens moved to approve the agenda. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
APPROVAL OF MINUTES: None 
PUBLIC COMMENTS: None 
CONSENT AGENDA: None 
REPORTS 
Treasurer: None J. Williams, P. Butt 
Operations Report: None B. Robens, R. Meyers 
Status of HSWI Project: None J. Cooper 
REGULAR AGENDA 
1. Consideration of Revised District's Water Alert Management    Plan (WAMP) B. Robens 
•  Director Robens explained the changes made per the 20 Jun meeting--see handout. 
•  A lengthy discussion ensued with additional changes. 
MOTION: Director Robens moved to approve the proposal to amend the WAMP with 9 different amendments, 
               and Director Robens will propose motions one by one for approvals of amendments to the WAMP. 
MOTION 1: Amendment 1: Director Robens moved to replace the first sentence on p. 2 under Guarded and first sentence under 
                 Severe: “ Guarded Conditions will be put into effect when water demand and supply are such that it is difficult to keep
                 the tanks full or near full ” and “ Strict Conservation Compliance will be put into effect when the storage tanks draw down
                 is such that there is concern that the tanks will go below 60% to 70% full.”  Director Williams seconded the motion. 
•  No discussion 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 2: Amendment 2: Director Robens moved to eliminate the line “Sprinklers” and the words  “ No above ground watering is
                  permitted other than drip systems.” Director Williams seconded the motion. 
•  No discussion 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 3: Amendment 3: Director Robens moved that in Stage 2 to strike out Tue/Thur for non-watering days and replace with Wed
                 and Sat. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 4: Amendment 4: Director Robens moved that on p. 3, the terminology for Normal  Stage, construction, be repeated in Guarded
                  and Severe. Director Raynard seconded the motion. 
•  No discussion 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 5: Amendment 5: Director Robens moved that on p. 3, under Spas/Fountains; under Severe add “swimming pools” and the box
                  below read “ Filling, refilling or adding of water to spas, ponds, fountains, or swimming pools is prohibited .” Director Williams
                  seconded the motion. 
•  Discussion 
	•  Director Williams asked if the Activities should also say “swimming pools.” 
	•  Director Williams moved to amend the amendment to add “swimming pools” to Spas/Fountains.” Director Robens seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
•  Original motion: 
•  Discussion 
	•  Director Cooper requested the extra line be inside the box be deleted. 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 6: Amendment 6: Director Robens moved that under Implementation, p. 4 remove “ Volunteers from the community will comprise a team, 
                  lead by the District Board Administrative Assistant, traveling through the District during Stages 1 and 2. Volunteers will be empowered
                  to write citations, give verbal warnings to those individuals performing prohibited actions. Depending upon the stage and number of 
                  citations, OMI  will be notified to begin water shut-off procedures for repeat offenders.” Director Williams seconded the motion. 
•  No discussion 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 7: Amendment 7: Director Robens moved to include Director Williams' statements regarding variances: “ Any variance to any part of the
                  WAMP must be applied for in writing in advance; Any variance to any part of the WAMP for medical reasons must be applied for in
                  writing in advance; Any written application for a WAMP variance for medical reasons must be accompanied by a detailed written
                  verification from a licensed medical professional describing the applicant's medical needs and explaining how the applicant's medical 
                  needs will be affected by the approval of the variance; All applications for variances from the WAMP must be approved by the Board at
                  a regular or special meeting.” Director Williams seconded the motion. 
•  No discussion 
•  Vote was 4 to 0 in favor of the motion. 
MOTION 8: Amendment 8: Director Robens moved that the Administrative Assistant correct the typos and proof the WAMP. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
ORIGINAL MOTION: Director Robens moved to the initial motion to approve all items in yellow. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
2. Resolution to Accept the Revised WAMP J. Appel 
MOTION: Director Robens moved to approve the resolution accepting revised WAMP. Director Cooper seconded the motion. 
•  Discussion 
	•  Director Williams asked if the Board should wait for the revised WAMP for the Resolution. 
		•  Attorney Appel responded that the Board could defer the issue or attach the WAMP to the Resolution when revised. 
		•  Director Raynard stated that since the Resolution does not specifically refer to items in the WAMP, it can be voted upon. 
	•  Director Robens requested that the Administrative Assistant send the changed WAMP both Directors Raynard and Robens for final proofing. 
•  Vote was 4 to 0 in favor of the motion. 
3. Consideration and Approval of Auditor for the Fiscal Year 2006 Annual Audit J. Williams 
•  Director Williams handed out a description of the Audit Contract. 
•  Director Cooper asked if this is the last year for this contract and if a RFP is needed for next year. \
	•  Director Williams responded yes. 
MOTION: Director Williams moved to approve the audit contract as changed for this year. Director Robens seconded the motion. 
•  Discussion 
	•  Director Williams noted that the contract does not say who has to sign the document. 
		•  Attorney Appel responded that the President, Director Raynard should sign it. 
•  Vote 4 to 0 in favor of contract. 
MOTION: Director Williams moved to go into closed session. Director Cooper seconded the motion. Director Raynard took roll call: 
               Director Cooper, yes; Director Williams, yes; Director Robens, yes; Director Raynard, yes. 
Director Robens stated that Rick Meyers, OMI  project manager is now in attendance, let the minutes reflect that. 
CLOSED SESSION FOLLOWING REGULAR AGENDA: 
Discussion with General Counsel regarding potential settlement of threatened or pending litigation involving claim for damages by an
Eldorado homeowner against the Eldorado Area Water & Sanitation District. 
The Board will hold this closed session for a discussion subject to attorney-client privilege pertaining to threatened or pending litigation 
in which the District is a participant, in accordance with Section 10-15-1(H)(7), NMSA 1978. No final action will be taken during any closed session. 
MOTION: Director Williams moved to return to open session. Director Robens seconded the motion. 
•  Vote was 4 to 0 in favor of the motion. 
•  The Board returned to open session at 8:34 pm . 
•  Director Raynard stated that no other items, other than what was posted, were discussed and no decisions were made in closed session. 
BOARD COMMENTS 
•  Director Robens described the Coalition 285 meeting. He stated that people who don't live in the Eldorado subdivision dislike being called Eldorado; 
   there is more to talk about than Eldorado in the Water Notes. 
•  Director Robens stated that the blue color looks faded in the Water Notes, and that steps are being taken to correct this. 
•  Director Cooper stated that OMI  is pulling out rate information by the month and tomorrow they will have rate user data for this FY. 
	•  Attorney Appel suggested if the rates are not going to an outside consultant, the Board should think about who is going to do them and who will 
       testify before the PRC. 
	•  Director Cooper recommended that someone who does this regularly should do the actual rates. 
	•  Director Raynard stated that the value of a consultant is that that person can testify before the PRC. 
	•  A short discussion of water consultants followed. 
•  Directed Raynard asked if the Board needs an RFP for the consultant. 	
	•  Attorney Appel replied yes, or the Board can hire professional services for under $20K. 
•  Director Robens stated that he will be sending new fees to be included in the rates to Director Cooper. 
	•  Attorney Appel recommended that new fees be separate from amended fees. 
	•  Director Cooper stated that he will put draft copies in Board members' boxes tomorrow. 
•  Director Cooper stated that the easement survey for Dos Griegos should be done tomorrow. 
•  Director Raynard stated that an item for the agenda for next week is to consider going to stage 1, Director Robens will take this item on. 
•  Director Robens stated that he will look at a lot, adjacent to 60 Monte Alto Rd ,that may have had water damage from the water main break tomorrow. 
•  Director Raynard stated that people don't see the differ between EAWSD and ECIA and it is her experience that if you contact a person and tell them 
   you're looking at it, the individual will be more cooperative. 
	•  Attorney Appel reminded all that any contact should not admit liability. 
•  Director Robens spoke about the to-be scheduled debriefing session for the June 6 line break and asked Attorney Appel if it is permitted to do the
   debrief in closed session in case system vulnerabilities may be disclosed. 
	•  Attorney Appel stated that he cannot give an opinion, but what happened on 6 June involved the President, the VP and the Treasurer, 
       in their roles as Officers of the District, not as Board members; this will be a debrief of the officers and the employees and other critical persons; 
       it is not a meeting. 
	•  Director Raynard requested the debrief be before the end of Jul. 
•  Director Robens stated that the 1 st week in Aug will be the next Performance Review of OMI. 
•  Attorney Appel stated that the Court of Appeals mediation session is set for 23 Aug at 930 am. 
•  Director Cooper stated that there are 2 outside meetings this week; tomorrow at Galisteo for CIPs through 2012 at 630 at the Galisteo Community Center; 
   13 Jul, Commissioner Sullivan will hold a Town Hall meeting at 7 pm at ECIA. Director Cooper cannot attend and requested other Board representation;
   Director Raynard will attend. 
•  Attorney Appel stated that the Legislative Committee lunch with Joe Stell's Natural Resources Committee is 18 Jul. 
	•  Director Raynard stated that the legislative working group will be there. 
ADJOURNMENT 
MOTION: Director Williams moved to adjourn the meeting. Director Robens seconded the motion. 
•  No discussion. 
•  Vote was 4 to 0 in favor of the motion. 
Meeting adjourned at 9:02 pm .                              
A full recording of the meeting proceedings is available at the District Office. 

FINAL MINUTES – REGULAR BOARD MEETING -- 6 July 2006  at ECIA, Railroad Room, 7:00 pm 
MEETING CALLED TO ORDER by President Raynard at 7PM 
ROLL CALL by Secretary Hale: Those present were Director Cooper, Director Robens, Director Raynard, Director Williams, and Director Hale. 
Others in attendance: John Appel, Attorney for the District; Barbara Mandel, Administrative Assistant to the Board, Paul Butt, District Financial Coordinator; Jeff Burkett , OMI Manager; 
David Collins, The Santa Fe New Mexican ; Rick Meyers, OMI Manager beginning 8 July 2006; 8 public visitors. 
APPROVAL OF AGENDA 
MOTION: Director Robens moved to approve the agenda. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the motion. 
APPROVAL OF MINUTES: 8 June 06; 12 Jun 06; 20 Jun 06 
MOTION: Director Hale moved to approve the minutes of 8 Jun 06, 12 Jun 06 and 20 Jun 06. Director Williams seconded the motion. 
•  No Discussion 
•  Vote was 5 to 0 in favor of the motion. 
PUBLIC COMMENTS 
•  Attorney Appel stated he received an application for inclusion of an additional area into the District; he will outline the steps the Board needs to take in order to consider it. 
•  Dave Davis asked where does the new well stand. 
	--  Director Raynard replied that the Board will talk about it later in the meeting and there are updates once or twice a month. 
CONSENT AGENDA: None 
REPORTS 
Treasurer: None; not scheduled J. Williams, P. Butt 
Operations Report: B. Robens, R. Meyers 
•  Director Robens discussed the water damage at Ms De Sousa's residence due to water break. 
•  A short discussion followed. It was decided to meet with Attorney Appel in closed session Mon evening at 7 pm . Ms Mandel will reserve a room. 
•  Director Robens stated that he will write a letter to The New Mexican  regarding the article of high quality of water in Eldorado; to say there are a 
   lot of good things about water in the District. 
•  Mr. Burkett stated that the tanks are at 95% capacity; he is still waiting for the replacement booster pump; he is working on the usage file history for the rate study for 
   Director Cooper; he is working with Mr. Meyers on the transition plan; OMI  personnel have gone to Ms De Sousa's home and created some berms to help keep the rain
   runoff from causing more damage, and the annual CCR report was issued. 
Status of HSWI Project: J. Cooper 
•  Director Cooper explained why the drilling of the new well has been stalled for 7 – 8 weeks in trying to get the easement for the well site, including obtaining the
   easement survey and maps, drafting the easement agreement by Counsel, and scheduling the easement approval with Dos Griegos Homeowners Association, 
   without the first two items. 
•  A discussion of easement process followed. 
•  A discussion of the Dos Griegos' Board and their recommendation of the easement followed. 
•  Director Cooper discussed that the preliminary engineering study at the well site and the pipeline is ongoing. In addition, program management will be a problem
   because he (Director Cooper) is swamped but, eventually the District will have a General Manager who can take on these tasks. 
REGULAR AGENDA 
1. Consideration of Revised District's Water Alert Management Plan (WAMP) B. Robens 
•  Director Robens stated that he has not had a chance to review the document in the folder, but that he noticed that some suggested changes had not been made, 
   and he will talk with Ms Mandel regarding the WAMP and he will bring it back to the Mon meeting. 
•  The WAMP is tabled for tonight and rescheduled for Mon. 
•  A discussion of above ground irrigation followed. 
MOTION: Director Robens moved to table the WAMP consideration and reschedule the discussion for 10 July 06. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the motion. 
2. Resolution to Accept the Revised WAMP J. Appel 
MOTION: Director Robens moved to table the resolution and reschedule it for 10 Jul 06. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the motion. 
3. Consideration and Discussion to Rotate and Share Participation on the "285 Coalition" Group M. Raynard 
•  Director Raynard explained that the 285 Coalition is an important communication source for the District; it consists of various local homeowners organizations; 
   once staff is hired, that individual can take over being the District representative. For now, Director Raynard does not want to 1 Board member to be burdened
   with all the meetings; therefore, the Board should rotate the meetings. 
•  A short discussion followed. 
MOTION: Director Raynard moved to create a rotating schedule for attendance at the 286 Coalition meetings until such time as the District has staff to attend the meetings. 
               Director Robens seconded the motion with discussion. 
•  Discussion: 
	•  Suggestions about the schedule were discussed. 
	•  Director Raynard withdrew her motion. 
	•  Director Robens withdrew his second. 
MOTION: Director Raynard moved that she will create a schedule for attendance at the 285 Coalition meetings. Director Robens seconded the motion. 
•  Discussion: a short discussion followed. 
•  Vote was 5 to 0 in favor of the motion. 
4. Consideration of Open Meetings Resolution J. Appel 
•  A ttorney Appel explained the history for the consideration to amend the Open Meetings Resolution. 2 items of concern: (1) pp 2 & 3 says notice will be given 7 days in advance; 
   if 7 days is taken to mean 7 business days, this can extend the notice requirement considerably; the amendment is intended to clarify that notice will be made1 week (7 calendar days)
   in advance. (2) pp12 says no minutes shall be required for education, training, workshop meetings; that is contrary to the Open Meetings Act; the OMA requires minutes from all meetings, 
   although workshop and education/training meetings do not need detailed minutes. 
•  A discussion followed. 
MOTION: Director Robens moved to amend the Open Meetings Resolution to say “ Notice of regular meetings shall be posted at least one week in advance of the meeting date;” and delete 
              “ No minutes shall be required for informational and educational meetings as described herein” from paragraph 12 . Director Williams seconded the motion with discussion. 
•  Discussion followed. 
•  Vote was 5 to 0 in favor of the motion. 
5. Consideration and Discussion of RFPs for the Administrative Assistant and Financial Coordinator Positions J. Appel 
•  Director Raynard explained the background, including the procurement code which requires the District to put out RFPs and allow others to bid on the positions. Attorney Appel was
   asked to prepare the RFPs for the positions. 
•  A short discussion followed to defer this item until the next meeting to amend the dates. 
MOTION: Director Robens moved to table this item until the next regularly scheduled meeting, 18 July. Director Williams seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the motion. 
6. Resolution to Continue Employment of Current Incumbents in the Administrative Assistant and Financial Coordinator Positions J. Appel 
MOTION: Director Williams moved to accept the resolution to continue the employment of the current incumbents in the Administrative Assistant and Financial Coordinator positions
               pending completion of the RFP process. Director Hale seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of the resolution. 
7. Consideration and Approval of Auditor for the Fiscal Year 2006 Annual Audit J. Williams 
•  Director Williams explained that the CPA used for previous audits has been approved by the State DFA for this year's audit. The Board must now approve the auditor.
•  Director Raynard stated that she did not have an agenda statement. 
•  A discussion of this ensued. 
•  Director Raynard stated that she cannot vote on this issue without reading the agenda statement. 
MOTION: Director Williams moved to table this item until 10 July 06 meeting. Director Hale seconded the motion. 
•  Discussion followed about when the agenda statement will be distributed. Director Williams stated that the agenda statement will be distributed by Sat. 
	•  Director Raynard requested that information needs to be to the Board in a timely fashion. 
•  Vote was 5 to 0 in favor of the motion. 
BOARD COMMENTS 
•  Director Raynard asked that Board members abide by the timing for agenda statements and stick to the format. 
•  Director Cooper stated that next Thursday there will be a Town Hall Meeting by Commissioner Sullivan at 7 pm  here at the ECIA. He will be out of town
   and unable to attend. 
•  Director Robens stated he received references for George Scott, candidate for the civil engineer. He added that he and Director Cooper will call the references
   and bring back to the Board their recommendation. In addition, he stated the need to buy him a desk, chair, book shelf (also for the General Manager); Director 
   Robens is planning that the individual will work out of the District Office. 
•  Director Raynard stated that she will meet with individuals in the risk management division tomorrow regarding the District tying into the State system for new
   employee benefits. 
	•  Director Robens explained that he and Director Cooper explained to the applicant that a lot of the benefits package will be worked out after he comes on board. 
	•  Attorney Appel stated that he has an employee handbook from another water district and he will bring it on Mon. 
•  Director Williams stated that the he received preliminary approval for FY 07 budget; there are a few minor changes to be made. 
•  Director Williams stated that the copier is deceased and he is exploring a replacement, an all-in-one. 
•  Director Williams asked if there is anything the Board can do to assist Mr. McMillan with the requirements from the County in light of Dolores Vigil's letter. 
	•  Director Robens responded that based upon a conversation with Ron Sebesta the County is requiring him to drill three additional wells to conform to the
       approved plat, and to use them as backup in case the District runs out of water; the County will probably not issue occupancy permits until he meets the County 
       requirements. 
	•  Director Raynard asked how it is advantageous to hook up to the District if they have to drill these wells. 
	•  Director Robens responded that there is a dual reason for the buyer: a backup supply of water will exist if the District has no water and the District water is tested 
       for safety. 
•  Director Hale asked if Mr. McMillan is planning to bring the additional wells into production. 
	•  Director Robens responded that he was told that they are not planning to bring them into production. 
	•  Director Raynard stated that she is planning to respond to Ms Vigil's letter and give an alternative proposal. 
ADJOURNMENT 
MOTION: Director Williams moved to adjourn the meeting. Director Hale seconded the motion. 
•  No discussion. 
•  Vote was 5 to 0 in favor of motion. 
•  Meeting adjourned at 8:22 pm . 
A full recording of the meeting proceedings is available at the District Office. 

FINAL MINUTES – SPECIAL BOARD MEETING -- 26 June 2006  at District Office at 1 Hacienda Lp, 7:00 pm 
MEETING CALLED TO ORDER by President Raynard at 7:02 pm 
ROLL CALL by Secretary Hale: Board members present are Director Raynard, Director Cooper, Director Williams and Director Hale. Director Robens and Director Williams are absent. A quorum is present. 
Others in attendance: Barbara Mandel, Administrative Assistant to the Board, Rick Meyers, OMI Manager 
APPROVAL OF AGENDA 
MOTION: Director Hale moved to approve the agenda. Director Cooper seconded the motion. 
•  No discussion 
•  Vote was 3 to 0 in favor of the motion. 
APPROVAL OF MINUTES: None 
PUBLIC COMMENTS 
CONSENT AGENDA: None 
REPORTS 
Treasurer: None J. Williams, P. Butt 
Operations Report: None B. Robens, J. Burkett 
Status of HSWI Project: None J. Cooper 
REGULAR AGENDA 
1. Approval of purchase - replacement pump and motor for Booster Station #1 J. Cooper 
	•  Director Cooper explained that the pump and motor went out 10 days ago, but the request was not ready in time to be on the prior agenda. 
	•  EDU did not replace the motor with a 10 horsepower when they replaced it some years ago. The two pumps are currently 7.5 horsepower and 5 hp, 
       instead of two 10 horsepower motors. 
	•  Tank #3 is not filling quickly without the second booster pump. 
	•  Need to approve this so OMI  can purchase and install the pump and motor. 
	•  Director Raynard asked how long this will take. 
		•  Mr. Meyers replied he did not know; maybe 2 to 3 weeks. 
		•  Director Cooper added that the company said it was in stock and they said they would get it in quickly. 
	•  Director Raynard stated her recommendation is to type out the agenda statement prior to a meeting. 
	•  Director Cooper stated that Director Robens was in agreement for the purchase. 
MOTION: Director Cooper moved to approve the purchase of a replacement pump and motor for Booster Station #1. Director Hale seconded the motion. 
•  No discussion 
•  Vote is 3 to 0 in favor of the motion. 
BOARD COMMENTS 
>  Director Cooper stated that he will be meeting with Kent Jones about what should be in the package to homeowners in Dos Griegos for the well #17 easement; 
    will be done at Postal Pros. 4 pages front and back –Director Cooper will check with Postal Pros. 
>  Director Hale explained Dos Griegos homeowners association has to have a 2/3 majority vote to pass; she asked if Board members can personally call all of the residents. 
	>Director Raynard replied that the homeowners will have a deadline; the Board may reconsider this as the deadline approaches.
>  Director Hale stated that she will be sending something into VISTAs and asked what should be emphasized. 
	>  Director Raynard suggested commending every body helping conserve water so the tanks can be filled.
	>  Director Cooper stated that there are a few people who feel they cannot contact us; he suggested saying something about calling the District first with complaints.
	>  Director Raynard stated that Director Hale should emphasize that the Board does want to hear from ratepayers. 
	>  Director Hale gave a short recap of the proposed statement. 
>  Director Raynard stated she received a call from Kent Jones regarding a letter sent to Verizon by the District for them to put in a back-up generator near one of the
    District's tanks with a diesel fuel tank. Their attorney requested the letter and she asked John Appel to work on this. 
>  Director Raynard explained that someone lodged a complaint with PRC and AG about the District emergency plan saying it is unfair to people living outside the District. 
    Director Raynard was contacted by Richard Rose of the NM Environment Dept, who was looking into the complaint. She explained to Mr. Rose how the WAMP works 
    and sent him a copy. One concern was the WAMP's stating that the District would turn off people's water. Director Raynard explained to Mr. Rose that no one's water has 
    been turned off, but this is the only sanction the District has. That explanation satisfied him. 
ADJOURNMENT 
MOTION: Director Hale moved to adjourn. Director Cooper seconded the motion. 
The vote was 3 to 0 in favor or the motion.
The meeting was adjourned at 7:21 pm . 
A full recording of the meeting proceedings is available at the District Office. 



SUMMARY OF FY 2005 AUDIT:  The entire audit is available at the EAWSD Board Office
																					

Below is the new policy for Discontinuance and Restoration of Service:

ELDORADO AREA WATER & SANITATION DISTRICT

1 Hacienda Loop

Santa Fe , New Mexico   87508

  POLICY NO. 06-01-01P                                                                      January _____, 2006

  DISCONTINUANCE AND RESTORATION OF SERVICE

A.   Purpose:

                The purpose of this Policy is to establish clear guidelines, setting forth the circumstances under which the Eldorado Area Water & Sanitation District (the "District") will discontinue service to a customer or customers, and the requirements that must be met for restoration of service that is discontinued due to a customer's violation of District policies or failure to meet the customer's obligations to the District.

B.   Scope:

                This Policy applies to all District customers and all classes of service.   Certain provisions related to the protection of residential service customers are so identified herein.

C.   Policy:

                The District's goal is to provide safe, efficient, and continuous water service to all of its customers.   Nonetheless, there are occasional circumstances under which it is necessary for the District to discontinue service to one or more customers for operational or safety reasons, and for other reasons as set forth herein.   When possible, the District will provide advance notice of such discontinuance of service, and will in any event restore service as quickly as reasonably possible.

                When a customer account falls seriously into arrears, the District may find it necessary to discontinue service to that customer as a means of enforcing payment of the amount owed.   Discontinuance of service for arrearages will be made in accordance with the procedures set forth below, which incorporate applicable statutory protections regarding discontinuance of service to residential customers.   Where it has become necessary to discontinue service in order to enforce payment of amounts owed to the District, such service will be restored in accordance with the provisions of this Policy.

D.   Procedures:

                1.              Any customer who intends to move from a service address or discontinue water service by the Eldorado Area Water & Sanitation District (the "District"), or in any other way terminate the customer's obligations to pay for water service received, shall provide timely notice to the District.   The District and any organization contracted to operate the District's water utility on behalf of the District (the "Operator") will act upon a verbal or written order by the customer, but in the event of any dispute, only a written order, duly delivered, will be regarded as proof of notice.

                2.              Upon a customer's notice to discontinue service, the Operator will make a final meter reading and discontinue the service as promptly as reasonably possible and in no case later than five (5) business days after the date on which discontinuance of service is requested.   If a customer requests discontinuance of service on a Saturday, Sunday or holiday, the date of discontinuance will be the next regular business day.

                3.              The District reserves the right to interrupt water service for a reasonable period for repairs or maintenance of the District's property or equipment.

                4.              Discontinuance of Service for Nonpayment of Obligations to the District :   Service to a residential, commercial, industrial or public authority customer may be discontinued for nonpayment of invoices or other failure by the customer to comply with the customer's obligations to the District, in accordance with the following procedures:

a.        When it is found that a properly rendered invoice for water service has not been paid and sixty (60) days have elapsed since the date the invoice was due, the Operator shall provide notice to the customer that service will be discontinued unless the entire amount due on the account (including any late charges) is paid by a specified date (the "Disconnect Date"), which date shall be at least fifteen (15) days after the date of the notice.   Notice shall be provided in English and Spanish, in a form substantially similar to the "Delinquency Notice and Notice of Disconnection of Water Service" attached hereto as Exhibit A.   The Operator shall deliver the notice to the customer in person, or by U.S. Mail, postage prepaid, addressed to the customer at the customer's billing address on file with the District.

b.       The notice to the customer pursuant to Subparagraph 4.a. shall include, as a minimum, the customer name and billing address, the service address, the Disconnect Date, the total amount due on the account, a notification that service will be discontinued on the Disconnect Date if the account is not paid in full before that date. The notice shall include a statement, substantially in the form shown in Exhibit A, advising that a residential customer may be entitled to continuation of service if there is a seriously or chronically ill person residing at the residence, the person responsible for the utility service charges provides appropriate certification that he or she does not have the financial resources to pay the charges, a qualified medical professional certifies that discontinuance of service might endanger the health or life of the ill person, and the customer enters into an approved written settlement agreement or deferred payment plan with the District.

c.        Any settlement agreement or deferred payment plan for a residential customer seeking continuation of service despite non-payment, on the basis that a seriously or chronically ill person resides at the residence and the person responsible for the utility charges does not have sufficient financial resources, must be approved by the District's Board of Directors (the "Board").   Upon proper application for such continuation of service, accompanied by the certifications specified in Subparagraph 4.b., the Operator shall not discontinue service pending review and consideration of a settlement agreement or deferred payment plan by the Board.

d.       Unless the customer has paid the amount due, in full, or has made other arrangements as provided in this Paragraph 4, the Operator shall discontinue service on or as soon as reasonably possible after the Disconnect Date.

                5.              Discontinuance of Service upon Notice :   Upon three (3) days prior written notice, the District or the Operator acting on behalf of the District may discontinue water utility service for:

a.        Failure to comply with the terms and conditions of a settlement agreement or deferred payment plan;

b.       Refusal to grant or provide safe access at reasonable times to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance, repair or replacement;

c.        Failure to furnish such service, equipment, permits, certificates, access or rights of way as shall have been specified by the District as a condition of obtaining service, or in the event such service, equipment, permit, certificate, or right of way is withdrawn or terminated;

d.       Deliberate, willful or negligent violation of or noncompliance with the District's rules and policies; or

e.        Any other failure of a customer to fulfill contractual obligations for utility services or facilities.

                6.              Discontinuance of Service Without Notice :   The District may discontinue service to any customer without prior notice:

a.        In the event of a condition determined by the District or the Operator to be hazardous to human health, safety, or the environment, or likely to result in serious damage to public or private property;

b.       In the event that the customer uses equipment in such a manner as to adversely affect the District's equipment or the District's service to others;

c.        In the event that the customer tampers with, damages, or deliberately or willfully destroys equipment furnished or owned by the District or the Operator;

d.       In the event of unauthorized use of water service by the customer;

e.        In the event of waste or excessive usage by any customer, as determined by the District, during a shortage of supply, as provided in Paragraph 8 hereof; or

f.        For any other cause deemed by the District or the Operator to constitute valid and reasonable justification for immediate discontinuance of service in the best interests of the District, the general public, the customer, or any other person or entity.

                7.              The District shall not discontinue service for:

a.        The failure of a residential customer to pay for any service not included in the District's rate schedules and tariffs;

b.       The failure of a residential customer to pay for services provided at a separate metering point, residence or location; provided, however, that in the event of discontinuance or termination of service at one metering point, residence or location, the District may transfer any unpaid balance due to any other account of the same customer and enforce payment under the same terms and conditions as if the charges had been occurred on the account to which transferred;

c.        The failure of a residential customer to pay for a different class of service received at the same or a different location; provided, however, that the placing of more than one meter at the same location for the purposes of billing the usage of specific devices or services under optional rate tariffs or provisions shall not be construed as a different class of service;

d.       Nonpayment of the disputed amount of a bill;

e.        Delinquency in payment for service to a previous occupant of the same premises unless a court of competent jurisdiction has found the new customer legally liable for the debt of the previous occupant, or the previous occupant continues to reside at or occupy the premises; or

f.        Failure of a residential customer to pay the bill of another customer as guarantor thereof.

                8.              Shortage of Supply :   If during any shortage of supply as designated and noticed by the District, whether due to drought, equipment failure, or other cause, the District or the Operator finds evidence of waste, excessive use of water, or failure by a customer to comply with any conditions or limitations reasonably imposed by the District, the Operator shall promptly notify the customer of the situation in person or by telephone or, if that is not feasible, by posting a notice in a conspicuous location on the premises.   If the customer does not resolve the situation satisfactorily within twenty-four (24) hours following delivery or posting of such notice, the Operator, upon consultation and approval by one or more members of the District's Board, may immediately discontinue service to that customer.

                9.              Any disconnection or discontinuance of service to a customer, other than at the customer's request, shall when possible be made no earlier than 8:00 a.m. and no later than 3:00 p.m. on a regular business day when the District's business office is open until at least 4:30 p.m.   Additionally, no such disconnection or discontinuance of service to a customer shall be made on a Friday, on the day immediately preceding a holiday, or on any other day when it is anticipated that the District's business office will not be open on the following day.

                10.            If a customer's water service is involuntarily disconnected in accordance with any provision of this Policy, such service shall be restored only upon payment, in cash or certified funds, of the entire amount due on the account, plus any reconnection charge duly imposed under the District's rates and tariffs, and upon correction to the satisfaction of the District of any other cause for which the discontinuance of service was imposed.

                11.            Notwithstanding any other provision herein, if a customer comes before the District or the Operator at any time within thirty (30) days following the date of any bill for water service, and shows to the satisfaction of the District or the Operator that, due to circumstances beyond the customer's control, the customer cannot timely pay the bill, the Operator shall have authority to negotiate a tentative settlement agreement or deferred payment plan providing for the payment of such bill over a period not to exceed six (6) months.   Such settlement agreement or deferred payment plan shall become effective only upon approval by the Board.   However, the District and the Operator shall not take any action to enforce payment or discontinue water service to the customer during such negotiations and pending approval by the Board, unless the negotiations are unduly prolonged by the customer.  

                Adopted by Resolution No. _________ of the Board of Directors of the Eldorado Area Water & Sanitation District on the ______ day of November, 2005, and Amended by Resolution No. __________ of the said Board of Directors on the _______ day of January 2006.

                                                                                               

 

____________________________________

                                                                                                Mary Raynard

                                                                                                President and Chairman of the Board

T:\JLA\MISC\332008AW.DOC ( 1/28/06 )

 

Board Meeting Minutes - 2nd Quarter 2006

Board Meeting Minutes - 1st Quarter 2006

Board Meeting Minutes/Notices/Agendas - 4th Quarter 2005

Board Meeting Minutes/Notices/Agendas - 3rd Quarter 2005

Board Meeting Minutes/Notices/Agendas - 2nd Quarter 2005

RFP for Hydrology Study and Well Improvement Project - 2005

ESTIMATED FINANCIAL PROJECTION FROM DECEMBER 1, 2004 TO JUNE 30, 2005

WATER RATES - 2004

TAXES FOR 2004

SANITATION STUDY - 2003

BUDGETS, AUDITS INFORMATION - FY 2004 - 2005

RANCHO VIEJO

A RESOLUTION FOR TERMINATING NESC PROGRAM

BYLAWS

COMMENTS ON US 285 CORRIDOR PLAN

MISCELLANEOUS

SEPTIC TANK PUMPING PROGRAM - 2003

MEETING HIGHLIGHTS - 2003

PREVIOUS BOARD ELECTION INFORMATION

JOINT POWERS AGREEMENT (JPA)

SPECIAL ELECTION 2005


 

 

25-Jan-2006

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