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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 10/13/2009Approved October 27. 2009 EAST VALLEY WATER DISTRICT OCTOBER 13, 2009 REGULAR BOARD MEETING MINUTES President Wilson called the meeting to order at 3:00 p.m. Director Malmberg led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: Directors: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ronald Buchwald, District Engineer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews (McAndrews & Boyd), Charles Roberts (Highland Community News) APPROVAL OF' AGENDA The General Manager would like to clarify that item #26 should reflect 4.53 acres of developed and vacant land not 6.73 acres. M/S /C (Sturgeon- LeVesque) that the October 13, 2009 agenda be approved with the noted correction. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:00 p.m. There being no written or verbal comments, the public participation section was closed. Director Morales has requested clarification on items 44 and 46 before approving the consent calendar. With respect to item #4 — Director Morales has requested that the September 29, 2009 minutes reflect that his request to have each of the candidates leave the board room was on a volunteer basis and that the candidates concurred with his request voluntarily. Minutes jph 10/13/09 With respect to item #6 — Director Morales would like to know under what circumstances does the District hire temporary workers. APPROVAL OF SEPTEMBER 22, 2009 BOARD MEETING MINUTES M/S /C (LeVesque - Malmberg) that the September 22. 2009 Board meeting minutes be approved as submitted. APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR SEPTEMBER 29, 2009 M /S /C (LeVesque - Malmberg) that the special Board meeting minutes for September 29, 2009 be approved with noted correction. RESOLUTION 2009.20 — A CORPORATE RESOLUTION TO AUTHORIZE THE DELETION AND ADDITION TO THE DISTRICT'S CHECKING ACCOUNT M /S /C (LeVesque - Maliberg) that Resolution 2009.20 be approved. DISBURSEMENTS M/S /C (LeVesque- Morales) that General Fund Disbursements #221423 through #221695 distributed during the period of September 18. 2009 through October 7. 2009 in the amount of $1,287,282.92 and Payroll Fund Disbursements for the period ended October 7, 2009 in the amount of $287.556.77 totaling $1.574,839.69 be approved. RESOLUTION 2009.19 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING AN INVESTMENT POLICY FOR PUBLIC FUNDS The Ad -Hoc Committee met and reviewed the investment policy: the committee made a few changes to the policy. M /S /C (LeVesque - Malmberg) that Resolution 2009.19 he approved as submitted. NOBEL SYSTEMS INC. CONVERSION AGREEMENT. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE USE OF RESERVE FUNDS FOR CAPITAL PROJECTS The General Manager stated that he is working on finalizing the rate study agreement with HDR; that the rate study will look at flat and tiered rate structures: that the board elected not to raise rates this fiscal year: that a number of projects need fr move forward and that he is 2 Minutesjph 10113'09 proposing that w; use reserve funds for a interim period to fund these projects and then sell debt to pay back the reserves. Director Sturgeon stated that there is never a good time to raise rates. Director Morales is concerned that if we pull from reserves that it might affect the District's bond rating. The Board has requested that this item be brought back to the Board at the next meeting. No action taken to use funds from reserves however, action was taken to use funds from the 2004 Municipal Finance Corporation loan proceeds. M/S /C ( IeVesque- Sturgeon) to use funds from the 2004 Municipal Finance Corporation loan proceeds. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED AUGUST 31, 2009 Mr. Tompkins re'✓iewed the financial statement with the Board. M/S /C ( Sturgeon- LeVesque) to accept the financial statement for the period ended August 31, 2009. DISCUSSION AND POSSIBLE ACTION REGARDING THE WATER EDUCATION FOUNDATION'S "WATER LEADERS CLASS" The General Manager stated that the Water Education Foundation is having the Water Leaders Class on -e again this year; that last year the District's candidate was not chosen; that he has brought this to the Board for consideration. M /S /C (Sturgeon- Morales) that the District submit an application to the program and that staff select it e candidate to participate. DISCUSSION AND POSSIBLE ACTION REGARDING THE OFFICIAL NWRA CALIFORNIA CAUCUS BALLOT M /S /C (LeVesque - Malmberg) that the Board select David A. Breninger, Lawrence M. Libeu and E.G. "Jerry" Gladbach on the NWRA California caucus ballot. DISCUSSION AND POSSIBLE ACTION REGARDING THE FY10 ENERGY AND WATER APPROPRIATIONS BILL The General Manager updated that Board regarding the FY10 Energy and Water Appropriations cinference report that was adopted by the House last week and will soon be 3 Minutesjph 10/13/09 adopted by the Senate. Included in the provisions is $672.000 in funding for the Army Corps of Engineers investigations account, for the "Seven Oaks Dam Water Conservation Study'. Representatives Jerry Lewis, .foe Baca and Ken Calvert requested the funding. Director Morales stated that the Legislative Committee had met and discussed the report; that the committee has recommended that the District send appropriate letters of thanks to representatives Jerry Lewis. Ken Calvert and Joe Baca. M/S /C (Sturgeon - LeVesqLie) that the Board send appropriate letters to representatives Jerry Lewis, Joe Baca and Ken Calvert. DISCUSSION AND POSSIBLE ACTION REGARDING THE ADMINISTRATION POLICY (CEQ) ON MANAGEMENT OF THE 500 -YEAR FLOOD PLAIN The General Manager stated that there could be a possible Flood Plain Management Executive Order issued; that the order could possibly restrict projects. Director Morales stated that this could lead to loss of local control and lack of transparency. M /S /C (LeVesque - Morales) that the Board authorize the General Manager to make contact with congressional officials regarding the 500 -year tlood plain policy. DISCUSSION AND POSSIBLE ACTION REGARDING A DONATION TO A WATER RELATED CHARITY IN HONOR OF MRS. ELIZABETH KIEL Director Sturgeon has suggested that the District make a donation to a water related charity or organization in honor of Mrs. Elizabeth Kiel. M /S /C (LeVesque - Sturgeon) that the District donate the amount of $500 to the Water Resources Institute Scholarship Fund in honor of Mrs. Elizabeth Kiel. DIRECTOR'S FEES AND EXPENSES FOR SEPTEMBER 2009, were presented to the Board for approval. M/S /C (Sturgeon - LeVesque) that the Director's fees and expenses for September 2009 be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE 2009 WRI LIFETIME ACHIEVEMENT AWARD M /S /C (Sturgeon - LeVesque) that the District support and sponsor the Gerald J. Thibeault Scholarship in Water Resources fund with the purchase of a table at the awards dinner for $1000. 4 Minutes jph 10/13/09 GENERAL MANAGER / STAFF REPORTS The General Manager reported on the District's operations to date; the District will be doing required flushirt at Well 40; that the District has notified city officials and posted notifications regarding the flushing on the District's website; that the District received a Water Series video from ACWA if anyone is interested in viewing. Information only. CONSULTANT REPORTS No reports at this time. COMMITTEE REPORTS a. Legislative (Standing) — Director Morales stated that the Governor signed 487 bills and vetoed 229 bills; that the committee will be meeting next week. b. Budget (Standing) — The committee will begin the mid -year budget review soon. c. Public Outreach (Standing) — the committee will be meeting next Tuesday. d. Audit (Ad -Hoc) — A draft audit should be ready by the end of the month. e. Headquar.ers Project (Ad -Hoc) — No report at this time. f. Policy Committee (Ad -Hoc) — The committee will be meeting within the next two weeks. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Director Malmberg stated that he is pleased to be on the Board; that he had a wonderful opportunity to spend time with the General Manger touring the District and its facilities. Director Sturgeon welcomed Director Malmberg to the Board; that they recently had lunch together; that he recently attended a seminar hosted by Cucamonga Valley Water District and he was very impressed with the format and presenter Dr. Bill Mathis; that he would like to suggest contracting with Dr. Mathis for a Board training workshop. Directors LeVesque and Malmberg will meet with Dr. Mathis to discuss this concept. Director Morales stated that he has been asked to participate in a County wide task force dealing with storm water management. Information only THE FRONTIER PROJECT FOUNDATION "INAUGURAL GREEN TIE GALA ", OCTOBER 17, 1009 Director Morales will be attending this event. Information only. The Board took a break at 4:29 p.m. The Board returned to regular session at 4:38 p.m. 5 Minutesjph 10/13/09 CLOSED SESSION The Board entered into Closed Session at 4:39 p.m. as prop iced for in the California Open Meeting Law, Government code Section 54945.9(a). to dis; uss the items listed on the agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 5:16 p.m. The items listed on the agenda were discussed in Closed Session with no reportable action being taken. 1 � 1701 The meeting was adjourned at 5:16 p.m. George E. Nilson, President Robert E. Martin, Secretary 6 Minutesjph 10/13/09