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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/08/2014 Approved January 22,2014 111 EAST VALLEY WATER DISTRICT JANUARY 8, 2014 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:30 p.m. Director Sturgeon led the flag salute. PRESENT: Directors: Coleman, LeVesque, Morales, Sturgeon,Wilson ABSENT: None STAFF: John Mura,General Manager/CEO;Brian Tompkins,Chief Financial Officer; Mike Maestas, Assistant General Manager; Kelly Malloy, Public Affairs/Conservation Officer; Kerrie Bryan, Human Resources/Risk & Safety Manager; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: None GUEST(s): Members of the public PUBLIC PARTICIPATION Chairman Morales declared the public participation section of the meeting open at 5:30 p.m. There being no written or verbal comments,the public participation section was closed. Chairman Morales requested that item #2b be removed from the consent calendar for discussion purposes or be placed on a future agenda due to a technical error that occurred during the board packet preparation. APPROVAL OF AGENDA M/S/C (LeVesque-Coats) that the January 8, 2014 agenda be amended and item #2b be pulled for discussion purposes. APPROVE THE SEPTEMBER 30, 2013 SPECIAL BOARD MEETING MINUTES Minutes:01/08/14 jph M/S/C (LeVesque-Coats) that the September 30, 2013 special board meeting minutes be approved as submitted. ADOPT STANDARD MILEAGE REIMBURSEMENT RATE ESTABLISHED BY THE IRS FOR 2014 M/S/C (LeVesque-Coats) that the standard mileage reimbursement rate established by the IRS for 2014 be adopted. DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2013 ITEM #2B December 2013 expense reports for Director's Sturgeon and Coleman will be added to the February 12, 2014 agenda. M/S/C (LeVesque-Sturgeon) that the Directors fees and expenses for December 2013 be approved as submitted. Legal Counsel arrived at 5:36 pm. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISPOSITION OF SURPLUS PROPERTY The Chief Financial Officer reviewed the list of parts, materials, vehicles and equipment with the Board. M/S/(LeVesque-Sturgeon) that the list of parts,materials, vehicles and equipment stated in the staff report be declared surplus property. There were a number of comments discussing the possibility of donating vehicles to specific nonprofit agencies,local schools and auto shops within the District's service area. Directors LeVesque and Sturgeon amended their motions to donate the surplus property to local agencies that serve the District. The District's Legal Counsel stated that the District is prohibited by law to donate surplus property to private company's and advised the Board against detailing specific agencies to donate surplus property to. Directors LeVesque and Sturgeon amended their motions and directed staff to dispose of the surplus property as designated in the staff report. M/S/C (LeVesque-Sturgeon) that the Board declare the list of parts, materials, vehicles and equipment identified in the staff report as surplus property and directed staff to sell,dispose and/or donate the items appropriately. 2 Minutes:01/08/14 jph ADOPT RESOLUTIONS 2014.10 AND 2014.02 AND SUPPORT THE APPLICATION SUBMITTAL FOR TWO 2014 WATERSMART WATER AND ENERGY EFFICIENCY GRANTS The Public Affairs/Conservation Officer provided a detailed grant activity report to the Board. She stated that the attached resolutions are a grant requirement and that there is no cost for submitting the grant applications. M/S/C (LeVesque-Sturgeon) that Resolutions 2014.01 and 2014.02 be adopted and that the Board support the application submittal for two 2014 WaterS MART Water and Energy Efficiency Grants. GENERAL MANAGER/STAFF REPORTS The General Manage/CEO and staff reported on the following items: Monday,January 6, the Facilities Coordinator, Brad Working began his employment with EVWD, proposals have been received for the Program Manager and interviews will be conducted next Monday, Plant 143 ribbon cutting ceremony will be held on January 21st at 10:00 am, the implementation of the District's new logo will begin this month, there will be two special meetings held this month on January 156 and January 29th, Headquarters update on opening ceremonies, Tyler implementation, IT preparations for headquarters move, rate study proposals and information relating to the Baseline Gardens Assessment District. Information only. LEGAL COUNSEL REPORT Mr. Kennedy expressed his professional regret with respect to his prior legal advice to the District regarding appropriate Brown Act compliance in connection with two Directors meeting at the same time with the General Manager. At that time, his concern was the prevention of both inadvertent serial meetings and the development of an informal practice of committee-like meetings without the publicly-transparent creation of formal committees. In retrospect,he may have been overzealousness of his admonishment which may have had a chilling effect on non-serial meetings that are not expressly prohibited under the Brown Act. Information only. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Vice Chairman Coleman stated that he appreciated the discussion regarding the surplus property item and he is looking forward to the Headquarters opening next month. Director Coats discussed the possibility of having live streaming or video archives for board meetings.This item will be brought back for discussion at a future board meeting. 3 Minutes:01/08/14 jph Director Sturgeon supports the idea of live streaming and/or video archives for board meetings. Director Sturgeon also requested the total number of daily payments received at the Del Rosa facility. .1 Director LeVesque stated that the Board should direct any questions or requests to the General Manager/CEO and not staff. Director LeVesque also apologized and stated that he may have violated the Brown Act when he spoke to two directors regarding the Board Reorganization and the Vice Chairman position earlier this year. Chairman Morales stated that it is an honor and a privilege to serve as Chairman of the Board and is looking forward to the future. He also stated that in his position he will serve as team coach, referee and that he will ensure that decisions made by the Board are done in the process of transparency. The Chairman thanked everyone for attending the meeting and introduced his father Mr.James Morales, Sr. The Board recessed at 6:44 pm. The Board returned to session at 6:53 p.m. CLOSED SESSION The Board entered into Closed Session at 6:53 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9 (d)(2) and 54957.6(a), to discuss the items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 7:58 p.m. The items listed on the agenda were discussed in closed session with the following action being taken: With respect to item # 8 - The Board heard and considered advice from Special Counsel Mr.John Schatz and authorized the execution of an agreement for the purchase of water treatment systems and termination of related contract and certain water service agreements. With respect to item#9 -No reportable action taken. ADJOURN The meeting adjourned at 7:59 p.m. Ja es Morales,Jr., P ent John J. Mura, S cretary 4 Minutes:01/08/14 jph