commission south 641 w ater district - psc.ky.gov cases/2017-00426/20171205_south 641...south 641...

South 641 W" ater District PO Box 126, Hazel, KY 42049

(270 )492-8857

December 1, 2017

Gwen R. Pinson Executive Director Public Service Commission P.O. Box 615 Frankfort, KY 40602

RE: Case No. 2017-00426

Dear Director Pinson:

RECEIVED DEC 0 5 2017

PUBLIC SERVICE COMMISSION

Enclosed please find the original and six ( 6) copies of the South 641 Water

District's responses to Commission Staffs November 21, 2017 information

request.

Very Truly Yours,

~ South 641 Water District

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION

In the Matter of:

AN INVESTIGATION OF A POSSffiLE VACANCY ON THE BOARD OF COMMISSIONERS OF SOUTH 641 WATER DISTRICT

)

) ) )

South 641 Water District Responses

CASE NO. 2017-00426

To Commission Staff's First Set of Information Requests

December 1, 2017

VERIFICATION

The undersigned, Amy S. Fadden, being duly sworn, deposes and states that she is the Administrator for South 641 Water District, that she has personal knowledge of the matters set forth in the forgoing

responses for which she is the identified witness and that the information contained therein is true and

correct to the best of her information, knowledge and belief.

STATE OF MISSISSIPPI

COUNTY OF WARREN

) ) )

Kentucky Public Service Commission Case No. 2017-00426

Subscribed and sworn to before me, a Notary Public in and before said County and State, by Amy S. Fadden, this the __l_day ofDecember 2017.

My Commission Expires: tr')fAM .:2'\ ~I ' ,

ote: Amy S. Fadden has been an employee of South 641 Water District since 2012. In 2016, she and her family moved to the city of Vicksburg in Warren County Mississippi. It was determined by the Board of Commissioners that her duties could be performed remotely from Vicksburg, MS. The minutes from the South 641 Water District meeting authorizing remote employment attached hereto

as Appendix A. The information for the following response was gathered and prepared by Amy S. Fadden, therefore the Notary Public is from Warren County, Mississippi.

REQUEST

KPSC Case No. 2017-00426 Commission Staff's First Set of Information Requests

Order Dated November 21, 2017 Item No.1 Page 1oft

South 641 Water District

1. List the name of each current South 641 commissioner and the date on which his or her term exprres.

RESPONSE

JOHN PASCHALL: May 17,2017

ALLI HILLARD-ROBERTSON: January 18,2020

NANCY MIEURE: June 15,2016

WITNESS: Amy S. Fadden

REQUEST

KPSC Case No. 2017-00426 Commission Stafl"s First Set of Information Requests

Order Dated November 21, 2017 Item No.2 Page 1 of1


2. Provide a map of South 641 's territory.

RESPONSE

A written description ofthe South 641 Water District's territory, as presented in South 641

Water District's tariff on file with the KYPSC, is attached hereto as Appendix B.

A physical map, including roads and outline of South 641 Water District's territory, is attached hereto as Appendix C.


REQUEST


Order Dated November 21,2017 Item No.3 Page 1 of1


3. Provide the ordinances and resolutions of Calloway County Fiscal Court that establish South 641 's territorial boundaries.

RESPONSE

The document dated November 18, 1977, created by the Calloway County Fiscal Court,

entitled Order Establishing and Creating Water District to be Known as South 641 Water District is attached hereto as Appendix D.

WTINESS: Amy S. Fadden

REQUEST


Order Dated November 21, 2017 Item No.4 Page 1 of2


4. Provide all orders of the Calloway County Judge/Executive that addresses appointments of the South 641 Board of Commissioners on October 17, 2017.

RESPONSE

South 641 Water District received a letter dated October 19,2017 stating that the purpose of the letter was to notify the District regarding trustee appointments. Letter is attached hereto as Appendix E.


REQUEST

KPSC Case No. 2017-00426

Commission Staff's First Set of Information Requests Order Dated November 21, 2017

Item No.5

Page 1 of1


5. Provide the name ofthe commissioners who preceded the October 17,2017 appointments, as well as the date upon which those individuals' terms on the Board of Commissioners expired.

RESPONSE

JOHN PASCHALL was fulfilling the unexpired term of the previous Commissioner Barry Ward.

Barry Ward's term was to expire on May 17, 2017. John Pashcall began his tenure on the Board of Commissioners in January 2015 by appointment from Calloway County Judge Executive Larry

Elkins. Calloway County Fiscal Court Minutes of January 20,2015 Regular Meeting indicating the

appointment is attached hereto as Appendix F. John Paschall's term expired on May 17, 2017.

ALLI HILLARD was fulfilling the unexpired term of the previous Commissioner Hillis Farris.

Hillis Farris' term was to expire on January 18,2017. Alli Hilliard began her tenure on the Board of Commissioners in January 2015 by appointment from Calloway County Judge Executive Larry

Elkins. Calloway County Fiscal Court Minutes of January 20,2015 Regular Meeting indicating the appointment is attached hereto as Appendix F. According to the Calloway County Fiscal Court website, which contains the Calloway County Fiscal Court Meeting Minutes, on January 18, 2017

Alii Hilliard (aka Alii Hillard-Robertson) was appointed to a three year term, that is set to expire on January 18,2020.

NANCY MIEURE was fulfilling the unexpired term of the previous Commissioner Velma Miller.

Velma Miller's term was to expire on May 28, 2007. Nancy Mieure began her tenure on the Board of Commissioners by appointment from Calloway County Judge Executive Larry Elkins. A letter was received by South 641 Water District indicating Nancy Mieure's appointment is attached hereto as Appendix G. Nancy completed the unfilled term and was re-appointed by Calloway County Judge

Executive Larry Elkins three additional times, namely the term after the expiration on May 28, 2007, June 19, 2010, and June 15,2013, each to a three year term, of which the last expired on June 15, 2016.


REQUEST


Order Dated November 21,2017 Item No.6 Page 1 of3


Provide all correspondence with the Calloway County Judge/Executive regarding the expiration of

the term ofthe individuals preceding whose terms allegedly expired on June 15,2016 and May 17,

2017.

RESPONSE

Electronic mail (e-mail) communication between Commissioner Nancy Mieure and Calloway County Judge Executive Larry Elkins regarding the expiration and re-appointment of her term on the South

641 Water District's Board of Commissioners occurred over seveml years (20 13-2017) and is attached hereto as Appendix H.


APPENDIX A

KPSC Case No. 2017-00426

Commission Staff's First Set of Information Requests Order Dated November 21, 2017

Page 1 of2

South 641 Water District Board of Collllllisslonen Special Called Meeting

Minutes for Meeting: June 27, 2016

The special called second quarter meeting of the South 641 Wllter District was called to order by Commissioner John Paschall. Present wen: Nancy Mieme, John Paschall, and Alii Hillard Robertson which constituted a quorum of the duly appointed and qualified commissioners. Also pn:sent were Warer District employees: Amy Fadden, Carolyn Ray, Carl Averill, and Hank Stanfield.

The minutes of the April 18 meeting were presented. Nancy Mieure made a motion to approve the regular meeting minutes as presented. Ani Hillard Robertson seconded the motion. The motion carried.

The collliilissiODCIS reviewed the financial statements as Jl=ll1ed by Amy Fadden. One of the water towers had not been deprecillted out on the audit, but it has been resolved and llppi"OVed by the auditor. Nancy Mlcure made a motion to aaept the financial statements for the :fil'3t quarter as presented. Alli Hillard Robertson SttOnded the motion. The motion carried.

Old Business

The clean out on the Midway tank will be done in September. Lettering W1IS quoted lit $250-300 per letter (approx. $2400 total). We will get an exact price in Scptcmbcz-I!Ild at that point, we will tall to the city about splitting the cost

The USDA ll!liWa! financial docwnents (2 copies of the PSC report and audit) have been submitted and confirmed. No further action is requiml for the rest of the year.

Compamtivcs are not allowed as reasons to raise tap on rates. We must use Invoices from tbe last 12 months to see if it's justified. Curn:ntly we charge $750, but the !lppiOXimate acttW cost to 115 i_, $900-1100. It m115t be a flat rale on the standard residential size.

There were no ~OVs on the PSC waste w111er and v.ll!er inspection reports for 2014.

New Bminess

Amy Fadden presented the City ofMw-ray v."llter rate increase, effective July I. Nancy Mieure made a motion to pus thru the water rate In erase from the C"rty of Murray to the South 641 Water Dbtrkt cmtomers, an increase of $.23 per 1000 gallom. Aifi Hillard Robertson seconded the motion. The motion carried.

Amy Fadden will be moving to Vicksburg, Mississippi, and would like to retain her position and tclecornmutc using Skype for meetings. John Paschall made a motion to allow Amy to tderommute. ADi Hillard Robertson seconded the motion. The motion carried.

Johu Paxhail made a motion to KG into closed session to discnm proposed or c:m-rmt litiption purmant to KRS 61.810(1)(c). Nancy Mleure seconded the motimL The motion carried.

APPENDIX A


Order Dated November 21, 2017 Page2 of2

Nancy Mieun made a motion to ~ back to opeu ses!ion. Alll Hillard Robertson seconded the motion. The motion ClliTfed.

With no further business, Alli Hillard Robertson made a motion to adjourn. Nancy Mleure secondtd the motion. The motion earried, and the meeting .,.,liS Bdjoumccl

APPENDIXB

Form !or filing Rate Scbeduies


Order Dated November 21, 2017

ptjr ~ 641 t.lATEll- DISTRtcr _, • OllliiiUD ity, Town or City -J

:P,s.c. No. _________ _

Orldnal SHEET NO. _ _.._ __ _

CANCELLING P.S.C •. NO. _____ _

_____ SHEET NO. _______ _

CLASSIFICATION OF SERVICE

VKrnf. SERVICE

·AT

. ~ at a.po:lnt in the center of the East For~ of the Clarks River at a po:lnt 1,000 feet southwest of the centarllne of ·"!Centucky 1ligblrlly #121, Southeast of ~. Kentucky (.aM highway also being ll::nown as the Nev Concord Road); Thence running in a- southeasterly

- · · directi.ou, parallel to- and 1,000 feet in a southerly direction froaa ·- · the centerline of said biglnmy to a point 1.000 ·feet east of the

·· centerline of Kentucky Highway #893; Thenca ~ and· rmm:lng in · · ·a_ southerly direction parallel. to and 1.000 feet 011.st of the

cmterline of Kentucky Higbvay #893 to 11. point 1,000 feat ClaSt of the :l.JlUrsection of Kentucky Jligbw1ly 1893 and McCullm,1gb York Road; Th.nce tunrlng and rmm:l.ng due South to the South Calloway CountY line between said Ca.llovay Cotmty and Henry Cotincy • Tennessee; "lhence turning and TUIUling in a westerly <Urection along srld

- cotmty line to a paint 1.000 feltt east of the intersection of ' · xaneucJcj HighvBy 1893 and the llest State l-ine Road at CrosslAnd,

'(fmtucl:y • and including the corporate lill:lts of 11a&el. Kentucky; Thsce turning and nmn:ing in a northerly di-r~ion pa.rsll.el to

· and 1,000 feet: east of the ceneerline of !Centucky Jligb:way .#893 to · .. • po:Ult 1.000 feet MS1: of the intersection of said h:lghJlay and

hntuclty Highlmy 1783 near the South l'lellBIIIlt Grave Church; Thence contimdng :in a northerly direction parallel to and 1.000 feet east of tha centerline of Kentucky Higbvay #783 ro the cente~~~o~ft-..w;h"'L.....-...,...-t--.-.. , Eat: Fork of the Clarka R:Lver; Thence turning and rmm:1 !'&_ :lg f-t E C k E D

·:aortheast: direction vt.i:h the center of t:'he East Fork of ~ Cllll~sb! River to the point of beginning.

.. APR :2 0 198t>. I>Y _Ai_L-L.

HAltS ~D TARIFfS • -

·DATE OF ISSUE April 140

1981

CSSUED.BY~~~ . ame o cer

DATE EPFECTTVE. _ _,Aprtl~:=!o-_,1""4'-"'-19~8,1.___

TITLE . Cha.:tr.an ----7===~----------~--

. •.J:SSDed by authorl ty of an Order of the Public Service Col!lnission o:f · Kel;ltucky '. · ·,.'in Ca$e No. 7940 dated April 14, 1981

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~ 0 e e .... (1.) (1.) .... 0

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0 .... ""'= ~ 0 '(F). ,......,~

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E N A V ..... / // / '' a' 0 N ~ = = ... ::0 .... N ~ -.l ~ ,Q b N = = = ~ ~ ...- tl.l N -.l1Z="

APPENDIXD


Order Dated November 21, 2017 Page 1 of3

CALLOWAY COUNTY, KEtiTUCKY

HI THE "lATTER OF SOUTH 641 HATER DISTRICT

. ORDER ESTABLISHING AND CREATHIG \'iATER DISTRICT TO BE KNOWN AS

SOUTH 641. l'iATER DISTRICT

WHEREAS, there has heretofore been filed, a Petit

at least 25 freeholders and residents of an area lying in I

County, for the creation of a water district, and asking tl -·,,

be named SOUTH 641 WATER DISTRICT pursuant to Chapter 74 oJ

Kentucky Revised Statutes, and

NHEREAS, the Calloway Court by order entered on

~!l~o~v~em~b~e~r~l~B~-----' 1.9_jGL_, set the case for hearing on tl

day of January, 1978, at lO:OO A.l·l. , local time, and

WHEREAS, a Notice of the filing of such Pe\;.ition

notice of the Hearing as to same was duly published in the

Ledger ' Times on ___ N_o_v_BMh ___ e_r __ 2_J ___________ , 19_22__, and on

_D_e_c_cmb ___ e_r __ l_7 ___________ , 1922_, advising interested parties ,

fact that they were afforded a period of thirty days after

first publication of said ~lotice within which to file obje

to tho creation of· said District, in compliance with all 1·

requirements, as set out in Affidavits of Publication here

filed in this proceeding, and

tiHEREAS, a period of thirty days has expired aft

'first publication of such tlotice, during which time all

residents of the proposed district had an opportunity to f

objections, and

APPENDIXD



---~

li!IERF..AS, '!'he Calloway County Court has found and I,

County Judge/F-xecutive, hereby find that the establishment

of such district is reasonably necessary for the public health,

convenience, fire protection, safety and comfort of the residents

within the area described in the Petition as being the area sought

to be established as said "Ytater district,

?lOW THEREFORE, IT IS HEREBY ORDERED AS FOLLONS :

1. That the establishment of a water district embracin

the area described below is reasonably necessary for the public

health, convenience, fire protection, safety and CO@fort of

'· the residents of said area.

2. That the original Petition filed in this Court for

the· creation of said l'iater District was signed by at least twenty

five (25) resident freeholders of the proposed District, as

required by law, and ~1at the creation of said District has been

approved by the Public Service Commission of Kentucky as required

by law, as evidenced by the order of said Public Service Commissio

filed with said Petition.

3. That the territory of said District does not

embrace any portion of an incorporated municipality or other

district in the County, and that all of the territory embraced

by said District is located within the boundaries of this County.

4. That it is hereby ordered that there be and there

is hereby established pursuant to KRS Chapter 74, a water district

which shall have all of the powers available to water districts

under KRS Chapter 74 and is hereby named ~souTH 641 WATER DISTRICT


Order Dated November 21, 2017 Page3 of3

APPENDIXD

I 11 5. It is further ordered that the boundaries of said

(

~District shall be and are hereby determined to be as described

1on Exhibit •A• attached hereto.

f 6. It is further ordered that three commissioners of

said Water District shall be immediately appointed by separate

order in accordance with Chapter 74 of the Kentucky Revised

Statutes.

~ ' ,197}_.

~O~V-RO ERT 0. MILLER

ENTERED this L day of

JunGE/EXZCUTIVE CALI.Ot-1AY COUNTY, KENTUCKY

CERTIFICATE OF COUNTY CLERK

I, "arvin Harris, hereby certify that I am the duly

qualified and acting County Clerk of Calloway County, Kentucky,

and that the foregoing is a true copy of an Order entered by

the County Judge/Executive of said County on the ~ day of

~~ , 19~, as appears of record in County

Ord:r I#k /D Page /,:$ in said office.

Y day

of

11ITtlESS I'lY signature and seal of office this

-~~~~~~-·------' 19~.

CALLOWAY COmlTY COURT CLERK

r E 11. L

I - 3 -

APPENDIXE

Larry Elkins Calloway County judge/Executive

October 19, 2017

641 Water District PO Box2 Hazel, KY 42049

Re: Appointments

KPSC Case No. 2017-00426 Commission Staff's First Set ofWormation Requests


Calloway County Cowthouse I 0 I South Fifth Street

Murray, Kentucky 42071 (270) 753-2920 Fax: 753-2911

The purpose of this letter Is to notify the 641 Water District regarding trustee appointments at the Fiscal Court's October 17, 2017 meeting. The court approved my reappointment of John Paschall to a term expiring 5/17/2021. The court approved my appointment of Usa Kell as a trustee with a term expiring 6/15/2020.

Regards,

~,~ Larry Elkins Calloway County Judge Executive

ldm

APPENDIXF


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APPENDIXG

Larry Elkins Calloway County Judgef[xecutlve

January 19,2007

641 Water District Board 207 Main Street Hazel, Kentucky 42049

Dear Board Members:



Calloway County Courthouse 101 South Fifth Street

Murray, Kentucky 42071 (270) 753-2920 Fax: 753-2911

Nancy Mieme has been appointed to the 641 Water District for the unexpired term of Velma Miller. lbis tenn will expire on May 28,2007. Please contact the Mrs. Mieure and provide her with information needed to fill this position.

Sincerely,

~ Larry Elkins

agt

Cc: Nancy Mieure

APPENDIXH

From: Nancy Mieure [mailto:[email protected]] Sent: Friday, January 13, 2017 12:04 PM To: 'Larry Elkins' Subject: RE: water district

I am willing to continue serving.

NCM



From: Larry Elkins [mailto:[email protected]] Sent: Friday, January 13, 2017 11:51 AM To: Nancy Mieure; Larry Elkins Subject: RE: water district

Haven't had the opportunity to do a detail research. Our records indicate that the water district terms or 3 years. As for the email checking to see if the year was correct. In any event as I understand it trustees serve until they are replaced. If you don't want to continue to serve let me know. As far as I know 641 Water District is operating appropriately.

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------From: Nancy Mieure <[email protected]> Date: 1/13/17 11:46 AM (GMT-06:00) To: Larry Elkins <[email protected]> Cc: Alicia Tabers <[email protected]> Subject: FW: water district

Larry -- I was wondering if you had had the opportunity to look into the discrepancy about my appointment to the South 641 Water Board.

Please let me know.

Thank you, Nancy Mieure [email protected] 270-492-6477

APPENDIXH

From: Nancy Mieure [mailto:[email protected]] Sent: Thursday, December 08, 2016 2:51 PM To: 'Larry Elkins' Subject: RE: water district



Larry -- here are the Emails about my reappointment to the Water District. The appointment was approved by the Fiscal Court at the June 18, 2013 meeting. I will forward the Email with that information next. Based on my research : According to KRS 74.020 (1) the term is 4 years. The Calloway County website shows that my term expired on June 15, 2016, however I believe it should expire on June 15, 2017.

Please advise.

Thanks, NCM [email protected] 270-492-6477

From: Larry Elkins [mailto:[email protected]] Sent: Monday, June 10, 2013 1:03 PM To: Nancy Mieure Subject: Re: water district

Thanks (Pay the same) ----- Original Message - --From: Nancy Mieure To: 'Larry Elkins' Sent: Monday, June 10, 2013 1:01 PM Subject: RE: water district

Has the pay increased any? Lol Yes, I' ll be happy to continue serving.

NCM From: Larry Elkins [mailto:[email protected]] Sent: Monday, June 10, 2013 12:48 PM To: Nancy Mieure Cc: Alicia Tabers Subject: water district

Nancy

Your term on the 641 Water District Board expires this month. Are you willing to serve another term????

Larry Elk~s, Judge Executive Calloway County

commission south 641 w ater district - psc.ky.gov cases/2017-00426/20171205_south 641...south 641...

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