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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 08/12/2015 Approved September 9, 2015 EAST VALLEY WATER DISTRICT August 12, 2015 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:31 p.m. Director Carrillo led the flag salute. PRESENT: Directors: Carrillo, Coats, Coleman, Morales, Shelton ABSENT: None STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Tom Holliman, Engineering; Justine Hendricksen, District Clerk; Eileen Bateman, Senior Administrative Assistant LEGAL COUNSEL: Jean Cihigoyenetche GUEST(s): Members of the public PRESENTATION AND CEREMONIAL ITEMS • INTRODUCTION OF PATRICK MILROY, OPERATIONS MANAGER The General Manager/CEO introduced Patrick Milroy, the District's recently hired Operations Manager to the Board. PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 5:32 pm. The District Clerk stated that she received a letter that was requested to be read into the record for Item #2b. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S/C (Coats-Carrillo) that the August 12, 2015 agenda be approved as submitted. Vice Chairman Coats recommended pulling Item #2b from the consent calendar for further discussion. Minutes: 08/12/15 etb APPROVE THE JULY 22, 2015 REGULAR BOARD MEETING MINUTES M/S/C (Coats-Carrillo) that the Board approve the July 22, 2015 regular board meeting minutes as submitted. DIRECTORS' FEES AND EXPENSES FOR JULY 2015 The District Clerk read a letter addressed to Chairman Morales and the Board of Directors into the record. "I want to express my concerns once again about Director Coleman who continues to misrepresent his constituents through lying cheating, falsifying and failing to heed to board policy and procedure. As a concerned citizen of the District I must speak out against Mr. Coleman and push for no confidence in his attempt at re-election. This man demonstrates a lack of character and integrity and is someone that we do not need to be re-elected to the Board. His actions are self-serving and do not represent the constituency of the District." Sincerely, Michael Estrada 7917 San Benito St. Highland, CA Vice Chairman Coats stated that the reason for his recommendation to approve the Directors' expense reports with the exception of Director Coleman's was due to Resolution 2015.16, which was adopted on June 24, 2015, censuring Director Coleman from compensation for attending certain meetings. He recommended that Director Coleman resubmit his expense report with only the two qualifying meetings. He reiterated his statement from the June 24th meeting, that when we lose our integrity, we have nothing else of value to lose; that Director Coleman showed a great lack of integrity in submitting a reimbursement request for non-compensable meetings. Legal Counsel provided a chronological order of events that led up to Mr. Coleman's censorship. Director Coleman stated that prior to Vice Chairman Coats' motion; he was going to request that his expense report be removed and he would re-submit it at a later date. He also stated that anyone that has committed the same crimes, using the word crimes loosely, that he has, that they would suffer the same fate that he has because he is not the only one that is guilty or semi-guilty of the things that were listed against him; as far as Attorney Filarsky, he was supposed to be an independent counsel, have an un-biased opinion and be un-prejudice, he had neither an un-biased opinion and or was un- prejudiced. Mr. Coleman stated that some of the people he requested to be interviewed were not, and all of his requests he made were annulled. Director Coleman also stated that he was under the impression that when elected by the public he had a right to serve the public and that is all he was trying to do, serve the public. 2 Minutes: 08/12/15 etb Chairman Morales asked Legal Counsel for his recommendation on how the District should notify regional entities of the action(s) the Board took regarding Director Coleman, specifically, regarding his attendance at meetings as a member of the public and not as a representative of East Valley Water District. Legal Counsel stated that the notification can be completed by the Chairman through staff; that the Resolution is a public document and a matter of record; that there is nothing confidential about the resolution and there is nothing that would preclude such notification. Chairman Morales stated specific information regarding the document(s) that were presented to the Board and enacted upon, which included a public lie and the falsification of a public document. The Chairman also stated that Director Coleman admitted that he had lied in a meeting with legal counsel and stated that the Board took action and implemented the censorship to ensure that when Director Coleman attends an event he is not representing the District he is attending as a private citizen. Chairman Morales opened the meeting for public comments. Mr. LeVesque stated that there are many challenges associated with being in public office; he expressed his concerns regarding Director Coleman's previous election statement, which in his view was based on a lie about the wasteful spending and actions of the District. He also stated Mr. Coleman did not attend any board meetings prior to his election. He noted that as a former Chairman of the Board, he was present during several meetings that discussed Director Coleman's inappropriate conduct with staff; that in his opinion the public has the right to know of these instances especially with the current election in progress. He stated that although Director Coleman was previously elected, he should not be re-elected due to his current actions. He also stated that he will inform the public of Director Coleman's actions and hopes to see Director Shelton and Carrillo get re-elected. M/S/C (Coats-Shelton) that the Board approve the Directors' fees and expenses for July 2015 with the exception of Director Coleman's expense report, and that Mr. Coleman can resubmit his July 2015 expense report which includes two compensable meetings at a future board meeting. Directors Carrillo, Coats, Morales and Shelton voted yes. Director Coleman abstained from the vote. RECEIVE THE SPRING 2015 LEGISLATIVE UPDATE Mrs. Pilar Onate-Quintana, David Quintana, and Audrey Durfor provided a presentation including but not limited to the current drought actions taken by the State Water Resources Control Board, enacted Budget Trailer Bills, pending and current Legislation, recycled water issues, general political and legislative updates, potential water public goods use charge and future potential water issues. Information only. 3 Minutes: 08/12/15 etb IDENTIFY THE CANDIDATES TO BE SELECTED ON THE ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) 2016-17 REGION 9 BOARD BALLOT The General Manager/CEO provided an overview of ACWA's Region 9 Board and information regarding the nominees. He stated that he concurs with ACWA's Nominating Committee's recommended slate. M/S/C (Coats-Shelton) that the Board approve the Nominating Committee's recommended slate for ACWA's 2016-17 Region 9 board ballot. ADOPT RESOLUTION 2015.20 TO SUPPORT THE NOMINATION OF KATHLEEN TIEGS AS THE ACWA PRESIDENT The General Manager/CEO provided a brief overview of the statewide association election process; he reviewed Kathleen Tiegs' current position as Vice Chairman and her interest in the Chairman position. He also stated the importance of having a regional representative from San Bernardino County and supports her nomination. Chairman Morales noted that the District supported Kathleen Tiegs when she ran for ACWA's Vice Chairman position and that she is a well-qualified candidate to represent the area. M/S/C (Carrillo-Coats) that the Board adopt Resolution 2015.20. BOARD OF DIRECTORS REPORTS Director Carrillo reported on the following: on July 29th he attended Metropolitan Water District's where Felicia Marcus, Chair of State Water Resources Control Board was a keynote speaker and the items discussed included the decision process for setting regulations for the drought mandates, economic concerns, the possible effects of El Nino for California and the need for the snow melt from the Sierra Mountains; he and Director Shelton attended the Conservation Ad-Hoc Committee meeting where they discussed conservation goals; he attended a meeting with the General Manager/CEO and Supervisor James Ramos' Chief of Staff, Bill Pauly where they discussed the proposed Water Recycling Center and the LAFCO process. Director Coleman reported on the following: he attended a meeting with the General Manager/CEO to discuss his candidacy and his expense report. Director Shelton reported on the following: she attended the Highland Chamber of Commerce monthly luncheon where they honored their sponsors; she also attended the Conservation Ad-Hoc Committee meeting where they discussed updates to the District's rebate programs, conservation representatives and large-scale efficiency projects. Vice Chairman Coats reported on the following: he and Chairman Morales met with staff to discuss updates to the Recycled Water Facility; he also attended the San Bernardino Valley Municipal Water Districts Board Workshop where they discussed funds for turf 4 Minutes: 08/12/15 etb removal rebates and attended their board meeting where they discussed the development of an Ad-Hoc Committee to discuss recycled water and the City Creek hydro-project. Chairman Morales reported on the following: he and the General Manager/CEO met with San Bernardino Valley Municipal Water District's Chairman and General Manager to discuss the Recycled Water Center; he also reviewed CSDA's Legislative update. Information only. GENERAL MANAGER/CEO REPORTS The Public Affairs/Conservation Manager provided a drought update including regulation updates, rebate program, large scale efficiency projects, pilot program with WaterSmart; outreach efforts and media coverage. The General Manager/CEO reported on the following: election update; he discussed the benefits of the CCR including increased communication regarding projects and programs beyond water quality and noticeable increase in call volume from customers regarding water conservation. The CCR is a direct mailer to customers and residents informing them that our water quality met all state and federal regulations and the costs associated with the printing and mailing of the CCR. He also discussed the monthly field ing and operations reports and provided an overview of the Turf Removal Program. Information only. LEGAL COUNSEL REPORT No reports at this time. BOARD OF DIRECTORS COMMENTS Director Carrillo stated that he is proud of the ratepayers of the District for assisting with the achievement of being placed as the #1 agency in conservation in the Inland Empire. Director Coleman stated that he echoes Director Carrillo's comments on water reduction by our ratepayers and their actions to reduce the amount of water used to water their grass, he personally reduced his watering to twice a week, twice a day and the parts of the lawn that didn't die took over and is now growing; that it was alleged that he lied about his hatred of water rate increases and that he used his lie on the ballot to get elected, he didn't go on the ballot to get elected and lie about rate increases but went on the ballot because of all the waste that was going on with the District; in his first year the District saved over a million dollars in expenses and took a building that was supposed to be built for $31 million dollars by the previous board and reduced it to $17 million, and if you take account the difference and the interest on the loan, the District saved almost 50% by being more judicious in where we spent money and how the building was going to be perceived. He also stated that when we built this building it 5 Minutes: 08/12/15 etb was made to be multi-functional so that people who wanted to rent it for a wedding reception or business meeting and things alike they could do so and the District would reap the economic benefits. He noted that there are five candidates for two seats for a 4-year term, it's great to have a lot of community interest in working for the District; he stated that Mr. Sturgeon would have been able to tell you that its expensive to not be liked by the EVWD Board; that he has been to various meetings that were paid for by the District and returned with ways to increase our return on investments and some of those ways were looked at and accepted and a lot of them weren't, so we're not making as much money on our bonds as we could; that he is running for re-election not because of an ego but because he believes this valley and the ratepayers deserve people who are fiscally conservative, and he is fiscally conservative and he thinks the rate increase that was implemented was necessary so that we could keep things running to deliver water to our customers and he will continue to work hard to do so; that not being able to attend various and sundry meetings helps promote ignorance because he cannot afford to pay to go to the meetings, and if he can't go to meetings then he can't find ways to help make EVWD better and can't help find ways to help the economics of EVWD; that there are some meetings that he will continue to attend anyway because they are close enough to allow him to attend but there is no way that he can afford to attend the ACWA Conference even though it is an essential part of education. Director Shelton stated that as a member of East Valley Water District we are all charged with holding the values of Leadership, Partnership and Stewardship and are expected to lead with a sense of ethical and moral conduct; that our behavior at meetings reflects on all of us and when we do not hold ourselves in the manner expected then procedures are put in place, she respects the procedures and the decisions that come from this process. Vice Chairman Coats stated that he concurs with the statements made by Director Carrillo and Shelton. Chairman Morales stated that the statement by Director Coleman may have called him ignorant however, he and the Board responded to admitted lies and the falsification of a public document and the Board took appropriate action to curtail the actions of Director Coleman. ADJOURN The meeting adjourned at 7:28 p.m. am rates, Jr., Chairman John J. Mura, Secretary 6 Minutes: 08/12/15 etb