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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 09/25/2013 Approved November 13, 2013 EAST VALLEY WATER DISTRICT SEPTEMBER 25,2013 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:30 p.m. Mr. Steve Copelan led the flag salute. PRESENT: Directors: Coleman, LeVesque, Morales,Sturgeon,Wilson ABSENT: Directors: None STAFF: John Mura, General Manager/CEO; Mike Maestas, Assistant General Manager; Brian Tompkins, Chief Financial Officer; Cecilia Contreras, Executive Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Members of the public APPROVAL OF AGENDA M/S/C (Wilson-Sturgeon) that the September 25, 2013 agenda be approved as submitted. PUBLIC PARTICIPATION Chairman LeVesque 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. DISBURSEMENTS M/S/C (Wilson-Sturgeon) that General Fund Disbursements #237986 through #238167 distributed during the period of September 5, 2013 through September 18, 2013 in the amount of $1,429,367.28 and Payroll Fund Disbursements for the period ended September 18, 2013 in the amount of$222,920.31 totaling$1,652,287.59 be approved. DISCUSSION OF POLICY REGARDING DIRECTORS' FEES AND EXPENSES Vice Chairman Morales stated that the Ad-Hoc committee was discussing concepts and ideas for best practices based on the purpose statement that was adopted. Board Member Sturgeon stated that the Ad-Hoc committee will meet and provide a recommendation to bring to the full board for approval. Information only. Minutes:09/25/13 cmc DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF DIRECTORS' FEES AND EXPENSES FOR JULY AND AUGUST 2013 Board member Sturgeon questioned the meeting listed on Chairman LeVesque and Vice Chairman Morales dated August 5,2013. Board member Coleman stated that he made an amendment to his expense report moving the meeting on August 13th from the board meeting section to the general meetings section. Chairman LeVesque and Vice Chairman Morales agreed to not charge for the August 5th meeting. M/S/C (Wilson-Sturgeon) that the Directors'fees and expenses for July and August 2013 be approved as amended. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF AN AMENDMENT TO THE WASH PLAN THAT ADDS SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT TO THE PARTIES OF THE AGREEMENT AND AUTHORIZE PAYMENT FOR THE DISTRICT'S COMPLETED PLAN COST SHARE OF $23,861 The General Manager gave an overview of the Wash Plan including but not limited to the history of the plan, habitat conservation efforts, and maintenance for the wash; that the total cost of this is $787,500; that San Bernardino Valley Municipal Water District is looking to be added to this agreement,that the District's cost portion of this plan is$23,861. M/S/C (Sturgeon-Wilson) to approve the amendment to the Wash Plan that adds San Bernardino Valley Municipal Water District to the parties of the agreement and authorize payment for the District's completed plan cost share of$23,861. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF NEW AND/OR REVISED FISCAL POLICIES: 1. CAPITAL ASSETS POLICY 2. FRAUD PREVENTION AND DETECTION POLICY The Chief Financial Officer gave an overview of the Capital Assets Policy and the Fraud Prevention and Detection Policy. The Chief Financial Officer also stated that moving forward with these policies helps the District follow best practices. M/S/C (Sturgeon-Morales) to approve the Capital Assets Policy and the Fraud Prevention and Detection Policy. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF SECOND AMENDMENT TO THE GENERAL MANAGERS EMPLOYMENT AGREEMENT Three members of the public spoke in opposition of the approval of the second amendment to the General Managers employment agreement. The District's Legal Counsel clarified some information regarding the second amendment. 2 Minutes:09/25/13 cmc Chairman LeVesque gave an overview of the history of the District's headquarters project; the hiring process to choose a general manager that would be able to complete this project;that the incentive process is a great way to do business to help with determination; that the motivation is the cost the District is spending on the lease of the current administration offices; that this amendment is being discussed at this time due to the timing of the project Board member Wilson stated that there were reasons as to why the previous properties purchased for the headquarters were not suitable; Board member Sturgeon stated that the quality of the work is great that the CEO is doing;that if the CEO is receiving a bonus that all employees should receive a bonus; that he would like to know how the dollar amount for the bonus was decided; that he would support the goals submitted but not the bonuses; that he would like an item on the next agenda regarding what item was included in the budget for bonuses. Board member Sturgeon read into the record an email that all board members received in opposition of the second amendment. Vice Chairman Morales inquired about the term bonuses to the Districts legal counsel; that he understood the amendment to include an incentive program not a bonus; that a performance based compensation is not uncommon and to reward those who do an outstanding job. The Districts legal counsel gave an overview of the bonus versus incentive program; that the incentive program agreed to is based on the performance goals; that the timing of this is sensitive due to the timing of the project and the Fiscal Year 2013/2014 budget was adopted;that this was the earliest the item could be brought openly and publicly with the goals and objectives for the General Manager. Board member Coleman stated that the District would be saving money moving into the new headquarters building than staying where we currently are; that the District is one of few that are able to build a building like this without having to raise rates; that the goal is to achieve the completion of the headquarters by the end of the current lease; that he is not happy about the dollar amount but agrees that it is worth it if it will get the District out of the current facility and into the new building. M/S/C (Sturgeon-Wilson)to deny the approval of the second amendment to the General Managers employment agreement. Roll call vote was taken: Board Member Coleman voted no. Board Member Sturgeon voted no. Board Member Wilson voted no. Vice Chairman Morales voted yes. Chairman LeVesque voted yes. Board member Sturgeon requested an agenda item at the next meeting to discuss the budget and what is included in it. CONSIDERATION AND POSSIBLE APPROVAL OF BOARD MEMBERS ATTENDANCE AT VARIOUS UPCOMING MEETINGS AND/OR CONFERENCES 3 Minutes:09/25/13 cmc The Chairman of the Board stated that at this year's CSDA Conference there are a number of breakout sessions that would be beneficial for board members and staff to attend. He would like to get concurrence from the Board for both he and Board Member Coleman to attend the conference. The Board concurred with the Chairman's request. No formal action taken. GENERAL MANAGER/STAFF REPORTS No report. LEGAL COUNSEL REPORT No report. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Board member Coleman thanked the members of the public for attending and that he attended a Master Gardeners program where he learned about a $10,000 grant to establish a garden. Board member Coleman stated that the speakers were great at the ACWA Region 9 meeting. Board member Sturgeon apologized to Chairman LeVesque for his comments made during item #7. Vice Chairman Morales stated that the District hosted the ACWA Region 9 meeting on September 13 which included a tour of the dam and new District projects; that the meeting was well received and the panel discussion regarding emergency preparedness was very informing. The board took a break at 6:56 pm. CLOSED SESSION The Board entered into Closed Session at 7:05 p.m. as provided in the California Open Meeting Law,Government Code Section 54957 to discuss the item listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board came back into open session at 9:22 p.m. ADJOURN The meeting adjourned at 9:23pm. Matt eVesque,President John J. Mura,Secret 4 Minutes:09/25/13 cmc