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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 02/12/2014 Approved March 12, 2014 EAST VALLEY WATER DISTRICT February 12, 2014 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:30 p.m. Ms. Duran led the flag salute. PRESENT: Directors: Coats, Coleman, LeVesque, Morales ABSENT: Sturgeon STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Mike Maestas, Assistant General Manager; Justine Hendricksen, Administrative Manager LLEGAL COUNSEL: Steve Kennedy GUEST(s): Members of the public PUBLIC PARTICIPATION Chairman Morales declared the public participation section of the meeting open at 5:30 p.m. Chairman Morales stated that this was a momentous occasion as it is the last Board meeting that will be held in the current facility. He is looking forward to the future of the District and its continued high-level of performance. Mrs. Thomas provided positive comments on the work that General Manager/CEO John Mura has completed; that it is disappointing to see negative comments in the newspaper regarding the General Manager/CEO. There being no further written or verbal comments, the public participation section was closed. ILAPPROVAL OF AGENDA Legal counsel requested that the agenda be amended and that item #12 reflect the designated District representative is Legal Counsel Steve Kennedy. Board Minutes: 02/12/14 etb member LeVesque requested that the Board consider deferring item #12 to allow Director Sturgeon to be present. Legal Counsel explained the labor negotiation and performance process with the Board. Director Coats requested that item 2a be pulled from the consent calendar for discussion purposes. M/S/C (LeVesque-Coats) that the February 12, 2014 agenda be amended and that item #12 be deferred to the next regular scheduled meeting and that item #2a be pulled from the Consent Calendar for discussion purposes. APPROVE THE JANUARY 22, 2014 BOARD MEETING MINUTES Director Coats' intent at the January 22nd Board meeting was that both Directors be reported to the District Attorney's Public Integrity Unit. Director Coats would like the minutes to reflect his intentions in the February 12, 2014 minutes. M/S/C (LeVesque-Coleman) that the January 22, 2014 Board meeting minutes be approved as submitted. APPROVE THE JANUARY 29, 2014 SPECIAL BOARD MEETING MINUTES M/S/C (Coats-Coleman) that the January 29, 2014 Special Board meeting minutes be approved as submitted. DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2013 AND JANUARY 2014 M/S/C (LeVesque-Coleman) that the Directors fees and expenses for December 2013 and January 2014 be approved as submitted. RECEIVE AND FILE THE 2014 WATER SYSTEM MASTER PLAN M/S/C (LeVesque-Coleman) to receive and file the 2014 Water System Master Plan as submitted. RECEIVE AND FILE THE 2014 WASTEWATER COLLECTION SYSTEM MASTER PLAN M/S/C (LeVesque-Coleman) to receive and file the 2014 Wastewater Collection System Master Plan as submitted. 2014 REPRESENTATIVE ASSIGNMENTS 2 Minutes: 02/12/14 etb M/S/C (Coats-LeVesque) that this agenda item be deferred until the next regularly scheduled meeting. DISCUSSION AND POSSIBLE ACTION REGARDING LAFCO SPECIAL DISTRICTS SELECTION COMMITTEE APPOINTMENTS The General Manager/CEO gave a brief report regarding the purpose of LAFCO. The Chairman of the Board requested that if any Board member is interested on serving on a LAFCO committee that they contact the Administration Department by March 4, 2014. Information only. APPROVAL OF ADMINISTRATIVE POLICIES (RECYCLING POLICY, WORKPLACE DRESS AND GROOMING POLICY, WORKPLACE AND BUILDING STANDARDS POLICY, WELLNESS CENTER POLICY) The General Manager/CEO reviewed the staff report and provided a detailed explanation of the policies to the Board. M/S/C (LeVesque-Coleman) to approve the Administrative Policies as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE RE-APPOINTMENT OF THE VICE PRESIDENT The General Manager/CEO reported on the action of the Board at the re- organization meeting and a possible violation of the Brown Act; that this item is agendized for the purposes of following the Districts strategic initiatives of transparency. Director Sturgeon was not able to attend today's meeting however he requested a statement he prepared be read into the record: Director Sturgeon's Statement - Item 6 Dear Colleagues, I am in Sacramento today and am unable to attend East Valley Water District's board meeting. With regard to item six, I understand that there is a possibility that more than two board members discussed who should be vice chairman prior to it being originally voted upon on January Yd. While I was not part of any discussions prior to January 3rd, on January 4th, I was made aware that more 3 Minutes: 02/12/14 etb than two board members discussed this issue prior to January 3rd. As the minutes of January 3rd reflect, Board Member Matt LeVesque made a motion that Board Member Ben Coleman be appointed Board Vice Chairman. This motion was seconded by me and entire board voted yes. Although I am not present today, I still support Ben being Board Vice Chairman and recommend that the entire board affirm his position. Legal counsel stated that a mechanism to voluntarily cure and correct is a remedy to correct any possible violation of the Brown Act. Director LeVesque clarified his conversations he had with Director Sturgeon and Director Coleman regarding the Vice Chairman position and that a serial meeting had taken place. M/S/C (Coats-LeVesque) to re-appoint director Coleman as Vice Chairman of the board. DISCUSSION AND POSSIBLE ACTION REGARDING A REFERRAL TO THE SAN BERNARDINO COUNTY DISTRICT'S ATTORNEY'S PUBLIC INTEGRITY UNIT Director Sturgeon was not able to attend today's meeting however he requested a statement he prepared be read into the record: Director Sturgeon's Statement - Item 7 Dear Colleagues, I am in Sacramento today and am unable to attend East Valley Water District's board meeting. With regard to item seven, I understand there is a possibility that a fellow board member violated the provisions of the Brown Act. Even if there is proof that a Brown Act violation occurred, instead of burdening the District Attorney's office with trivial issues, I suggest that our Board Chairman work with District Counsel and plan a special board meeting in which all board members and District management receive AB1234 training. This will ensure that everyone receives the same information at the same time. To be clear, I am absolutely opposed to this issue being sent to the District Attorney. Page Miller applauded Chairman Morales and the General Manager/CEO for their approach and stated that all Board members are equal and if one member is charged then all need to be charged. M/S (Coats-Coleman) that if two Directors violated the Brown Act that both should be sent to the District Attorney's office for investigation and to 4 Minutes: 02/12/14 etb approve that this item be referred to the San Bernardino County District Attorney's Public Integrity Unit. Legal Counsel reviewed the cure and correct clause in the Brown Act. Director Coleman withdrew his motion. The motion failed for lack of second. GENERAL MANAGER/STAFF REPORTS The General Manager/CEO and staff reported on the following items: Training Development for the Board by Mr. Bill Kelly, ACWA Legislative Symposium March 4th and 5th, February 19th special meeting moving day is on schedule and will begin February 14th , Flag Ceremony will be on February 18th at 7am. Information only. LEGAL COUNSEL REPORT No reports at this time. Information only. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Vice Chairman Coleman stated that while looking at the countdown clock, we are 70 days ahead of schedule and due to Mr. Mura's accomplishments he deserves the incentive program and a round of applause. Director Coats stated that he is embarrassed and disappointed that the Board doesn't seem to have the guts to do the right thing by not seconding his motion. and approving the referral to the District Attorney's office. Director LeVesque stated that for 11 months the Board was asked continuously who was leaking information and no one fessed up; that he is embarrassed and disgusted that the public and Board were lied to; that there is a bigger issue when Board members have their own agenda; he clarified meetings on expense report and attendance at Chamber meetings; that he took his position on the Board to improve the culture of East Valley Water District; he stated the he regrets nothing, people may have gotten hurt along the way and he will do his best to change and move forward. Chairman Morales reiterated that it is a unique and momentous evening; that this is the last Board meeting at this location and he looks forward to shedding the old skin and dawning a new one. 5 Minutes: 02/12/14 etb The Board recessed at 6:44 pm. The Board returned to session at 7:00 p.m. CLOSED SESSION The Board entered into Closed Session at 7:00 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9 (d)(1 ) and 54957, to discuss the items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 8:04 p.m. The items listed on the agenda were discussed in closed session with the following action being taken: With respect to agenda item #11 no reportable action. With respect to agenda item #12 no reportable action. ADJOURN The meeting adjourned at 8:04 p.m. J es Morales, Jr., President i).),AA/-\'John J. Mura, Secretary 6 Minutes: 02/12/14 etb