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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 06/24/2015 Approved July 22, 2015 EAST VALLEY WATER DISTRICT June 24, 2015 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:30 p.m. Vice Chairman Coats led the flag salute. PRESENT: Directors: Carrillo, Coats, Morales, Shelton ABSENT: Director Coleman STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Tom Holliman, Engineering and Operations Manager; Justine Hendricksen, District Clerk; Cecilia Contreras, Senior Administrative Assistant LEGAL COUNSEL: Jean Cihigoyenetche GUEST(s): Members of the public 111 SUPPLEMENTAL INFORMATION FROM THE GENERAL MANAGER REGARDING AGENDA ITEMS No supplemental information at this time. PRESENTATIONS Et CEREMONIAL ITEMS No presentations Et ceremonial information at this time. PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 5:31 pm. Mr. Joe Jondreau requested clarification on mandated watering times and would like to know if they could be adjusted. The General Manager/CEO stated that the times have been set by District Ordinance in coordination with the Governor's Executive orders. There being no further written or verbal comments, the public participation section was closed. Minutes: 06/24/15 cmc APPROVAL OF AGENDA M/S/C (Coats-Shelton) that the June 24, 2015 agenda be approved as submitted. APPROVE THE MAY 27, 2015 REGULAR BOARD MEETING MINUTES M/S/C (Coats-Carrillo) that the Board approve the May 27, 2015 regular board meeting minutes as submitted. APPROVE THE JUNE 3, 2015 SPECIAL BOARD MEETING MINUTES M/S/C (Coats-Carrillo) that the Board approve the June 3, 2015 special board meeting minutes as submitted. DISBURSEMENTS M/S/C (Coats-Carrillo) that the General Fund Disbursements #244497 through #244712 which were distributed during the period of May 1, 2015 through May 30, 2015, bank drafts and ACH Payments in the amount of $2,137,386.79 and $310,614.73 for payroll and benefit contributions, totaling $2,448,001.52 be approved. DIRECTORS' FEES AND EXPENSES FOR MAY 2015 M/S/C (Coats-Carrillo) that the Board approve the Directors' fees and expenses for May 2015. AUTHORIZE THE DISTRICT TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE SEWER CAPACITY IMPROVEMENT PROJECTS IN THE AMOUNT OF $130,000 TO LEE AND RO, INC. The Engineering and Operations Manager provided an overview of the project, and stated that project will upgrade the system and accommodate future development. M/S/C (Shelton-Carrillo) that the Board authorize the District to enter into an agreement for construction management and inspection services for the Sewer Capacity Improvement Projects in the amount of $130,000 to Lee and Ro, Inc. AUTHORIZE THE DISTRICT TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF THE PLANT 135 BOOSTER STATION UPGRADE AND PLANT 134 "GETAWAY" CAPACITY UPGRADE PROJECT IN THE AMOUNT OF $1,484,425 TO CORA CONSTRUCTORS, INC. The Engineering and Operations Manager stated that since the upgrade and expansion of Plant 134 increased the capacity of the plant, the booster station needed to be upgraded as well; that the District along with San Bernardino Valley Municipal Water District are funding the construction of a turnout pipeline and hydroelectric generator plant to allow the District to receive State Project Water directly to Plant 134; that in order to utilize the full capacity of the hydroelectric plant, the current booster station 2 Minutes: 06/24/15 cmc and "getaway' pipeline must be upgraded to be able to boost treated water to the higher pressure zones. M/S/C (Coats-Carrillo) that the Board authorize the District to enter into an agreement for construction of the Plant 134 Booster Station Upgrade and Plant 134 "Getaway" Capacity Upgrade project in the amount of $1,484,425 to Cora Constructors, Inc. AUTHORIZE THE DISTRICT TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF THE SEWER CAPACITY IMPROVEMENTS PROJECTS IN THE AMOUNT OF $1,313,080 TO TBU, INC. The Engineering and Operations Manager gave an overview of the project; that based on the updated Wastewater Collection System Master Plan, the District's collection system is near capacity and could not accommodate more than approximately 150 Equivalent Dwelling Units of new development. He also stated this project will accommodate development in the near future while the long term plans continue. M/S/C (Shelton-Carrillo) that the Board authorize the District to enter into an agreement for construction of the Sewer Capacity Improvements projects in the amount of $1,313,080 to TBU, Inc. AUTHORIZE THE DISTRICT TO ENTER INTO AN AGREEMENT FOR STORAGE AREA NETWORK (SAN) SERVER VIRTUALIZATION AND VIRTUAL DESKTOP INFRASTRUCTURE (VDI) TO NEXUS IS, INC. The General Manager/CEO gave an overview of the District's ageing servers and operating systems; that a virtualization infrastructure is recommended to improve data delivery speeds and optimize data storage efficiency; that this is required to support future initiatives related to vast data and business intelligence. M/S/C (Coats-Shelton) that the Board authorize the District to enter into an agreement for Storage Area Network (SAN) Server Virtualization and Virtual Desktop Infrastructure (VDI) to Nexus IS, Inc. RESOLUTION 2015.16 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT CENSURING DIRECTOR BEN COLEMAN FOR BEHAVIOR IN VIOLATION OF THE EAST VALLEY WATER DISTRICT BOARD OF DIRECTORS HANDBOOK The District's Legal Counsel provided background information regarding this item; he stated that this issue arises from a couple of different incidents on the part of Director Coleman; that a censure is a vote of disapproval by the Board of Directors concerning the conduct of a specific director; that this centers around two particular acts of conducts; that Director Coleman attended a Koffee Klatch meeting as board member and made comments in reference to the pending Proposition 218 rate hearing and tiered rate structure that were under consideration; that the statements he made were inaccurate; that those comments prompted those in attendance at that meeting to contact East Valley's Vice Chairman regarding the information as his comments raised questions that 3 Minutes: 06/24/15 cmc seem to be in contradiction with what the East Valley Water District's Board of Director's position has been up to that time; an inquiry was made by Chairman Morales to Director Coleman regarding his comments. The Chairman requested Director Coleman study the facts and attend the next scheduled meeting with the Chamber of Commerce Koffee Klatch and correct the inaccurate information he provided, and it make clear that he had made those comments as a private citizen and not as a Board of Director of the East Valley Water District. Mr. Cihigoyenetche discussed the Board of Directors Handbook that was adopted in October of 2014; that Director Coleman and the remaining board members participated in the meetings and workshops on the implementation of this handbook; that part of this handbook stated that if a board member is attending a meeting as part of their assignments, that they must express the views of the board and not their own personal opinions, and if they choose to do so, they must explain that that is what they are doing. Mr. Cihigoyenetche stated that Director Coleman agreed to attend the next Chamber of Commerce meeting and correct his previous statements; that at a regular board meeting of the East Valley Water District, he was asked if he had gone back and corrected the statements he had previously made. Director Coleman stated that he had corrected his statements. Mr. Cihigoyenetche stated under Assembly Bill 1234, an elected official is compensated for attending a public meeting as his role as a director and receives a stipend as such, that the law requires that the individual come back at the next regular scheduled board meeting and provide a brief report regarding the meeting; that this allows a board member to educate the other members about issues that have pertinent relevance to the District. Mr. Cihigoyenetche stated that during a meeting, Director Coleman reported that he attended a Highland City Council meeting where they were discussing water management for apartment managers; that a member in attendance at the East Valley Water District Board meeting had also attended the same Highland City Council meeting and did not recall any discussion of that matter taking place; in response to this, the minutes and audio portions of the meeting were reviewed; it was confirmed that this discussion had not taken place. A question was raised if paying Director Coleman for being in attendance at this meeting was appropriate. Mr. Cihigoyenetche stated that in response to these concerns, reviews of expense vouchers and allegations it was requested that the Districts legal counsel perform an investigation to verify the truth of the charges that were made. Mr. Cihigoyenetch stated that he retained services of an outside investigator who had no affiliation with the District and this person interviewed witnesses and Director Coleman. The investigator stated that he found several violations of the Board of Directors Handbook, which is an official document of this District. As a result of this investigation, it was determined that a resolution of censure be brought before this board. Chairman Morales allowed for public comments at this time. Mr. Mike Estrada thanked the Board for the work that was regarding Director Coleman's conduct; that as an elected official there is a higher responsibility to have accountability 4 Minutes: 06/24/15 cmc and integrity to their constituents; that it is concerning when elected officials start representing themselves independently and not reflecting the opinions of the Board; that there has to be ramifications and he supports the censorship of Director Coleman; his condolences to Director Coleman for not being able to speak on his own behalf. Mr. Matt LeVesque stated that it was good to see the Board but not under these circumstances; he reviewed his history with Director Coleman stating that there is a pattern of poor behavior; that one of his last votes as a director was to enact the Board of Directors Handbook. Vice Chairman Coats stated that last year the Board embarked on a mission that took many hours to complete the Board of Directors Handbook; that the entire book was written and revised several times and the final document was voted on and approved by the entire board; they agreed that morals, ethics, honesty and integrity were the cornerstones that they would all live by; that this document would hold board members to the highest standards possible; that this District has total transparency as the only acceptable behavior; that he would expect all board members to live up to this; that he hopes the actions taken today will curtail this type of behavior. He stated that he is not happy with this matter, but this Boards integrity demands that they must address it; that without integrity, they have nothing else of value to lose. Director Shelton stated that she is proud of the way this board has moved forward with this particular issue; that the work that has been done with the investigations is commendable; that she is sorry that Director Coleman is not here to represent himself. Director Carrillo stated that there has been a lot of misrepresentation and false reports as a result of this investigation; that he sees this issue as a breach of trust with the board and the public; that he doesn't take this lightly and he doesn't want to be in this position; that they are one team of five individuals, there is a trust factor when a director goes out to be an ambassador to the public. Director Carrillo also stated that he has a fiduciary duty as a board member to take responsibility and feels that a censorship is appropriate at this point; that if he did not vote for this he would not be upholding his fiduciary role as board member and he takes that role very seriously. Chairman Morales stated that for himself he is sorry that Director Coleman is not here to represent himself. He stated that public service is a public trust and that they have a responsibility and loyalty to the public that includes ethics; and that all of these subjects take precedence over being individuals; that the public deserves and should expect no less, that once aware of an ethical question, responses should be done within the context of established protocol and what is done should be appropriate; matters from the public were brought to the board in different instances regarding the behavior of Director Coleman; facts were gathered before a response was contemplated and that is what was presented this evening; the breaches in question are basic and obvious; that he met with Director Coleman prior to this meeting in to ensure that he had ample time to review and allow for sufficient time for him to prepare; this document was not a surprise to him. He stated that Director Coleman admitted to lying to the public during the meeting. As board member we took an oath of office and set high ethical standards that we must adhere to; it is unbelievable that we are here tonight with this type of 5 Minutes: 06/24/15 cmc decision; that the actions of another created these situations; that as a board we are tasked with leadership and accountability; the issues that are held tonight are not ones that he enjoys but they the Board is charged with making difficult decisions and doing what is right for the 100,000 people that we serve; that this Board's track records show that they are willing to deal with tough subjects head on; and that they hold the employees, the General Manager, and themselves accountable. M/S/C (Coats-Carrillo) that the Board adopt Resolution 2015.16 and request that Director Ben Coleman reimburse the District $175 for the meeting that he attended that was not related to District business. BOARD OF DIRECTORS REPORTS Director Carrillo reported on the following: he attended the District's North Fork tour and found it very educational; he attended the Highland City Council meeting where 55,000 square feet of turf removal was approved. Director Shelton reported on the following: she attended the District's North Fork tour and that she found it amazing; she attended the San Bernardino County Special District meeting and Mr. Bob Tincher from San Bernardino Valley Municipal Water District discussed the drought emergency. Vice Chairman Coats reported on the following: he attended the Water Advisory Policy meeting; the San Bernardino Special Districts meeting; he also attended the board meeting at Valley District where water rebates and the Governors Twin tunnels project were discussed; he stated that the City of Riverside appealed to the State to reduce their mandate because they do not receive any State Project water. Director Coleman was not in attendance at the meeting. Chairman Morales reported on the following: he met with Director Coleman and Legal Counsel to discuss the upcoming agenda; he met with the ACWA Region 9 to prepare for the upcoming September meeting; he met with Vice Chairman Coats and the General Manager/CEO for to discuss the Recycled Water Center. Information only. GENERAL MANAGER/CEO REPORTS • DROUGHT UPDATE Noto reports at this time. Information only. LEGAL COUNSEL REPORT No reports at this time. 6 Minutes: 06/24/15 cmc Information only. BOARD OF DIRECTORS COMMENTS Vice Chairman Coats expressed his appreciation to those who attending the meeting. Chairman Morales expressed his gratitude to everyone in attendance at tonight's meeting. ADJOURN The meeting adjourned at 6:17 p.m. J. es Morales, Jr., President hairman of the Board c John J. Mura, Sec etary 7 Minutes: 06/24/15 cmc I 1 I I 1