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Home My WebLink AboutMinutes - EVWD Board of Directors - 08/24/2010 Approved September 14.2010 EAST VALLEY WATER DISTRICT August 24,2010 REGULAR BOARD MEETING MINUTES President Wilson called the meeting to order at 3:00 p.m. Mr. Sturdivan led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: Directors: None STAFF: Robert Martin, General Manager; Ron Buchwald, District Engineer; Gary Sturdivan, Safety and Regulatory Director; Eileen Bateman, Executive Assistant; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST (S): Kurt Yeager (Stradling), Tom DeMars (FRA), Maybelle Nazikoglu, Michael Farrell (San Bernardino County), Sean McCarthy (CDPH), Kavous Emami, Ali Heidair, Samuel Boyette, Dan Gunther, Stan Files, Paul McCullough, Craig Sharp, Ray Jamisen, Alberto Alvarez, De. Zekai "Doc' Nazikoglu, Carlos Uribe, Cara Van Dijk (CV Strategies) APPROVAL OF AGENDA At the request of the Board item 48 follow the approval of the agenda. M/S/C (Sturgeon-LeVesque) that the August 24, 2010 agenda be approved as amended. PUBLIC PARTICIPATION There being no verbal or written comments the public participation section was closed. PUBLIC MEETING TO DISCUSS POSSIBLE FORMATION OF EASTWOOD FARMS ASSESSMENT DISTRICT The General Manager provided an overview of the project with the Board. Mr. Sturdivan presented a power-point presentation to the public and reviewed previous, current and future items that have or need to be addressed in order to form an Assessment District. Mr. Farrell answered a number of questions from the public regarding options available for Eastwood Farms if the Assessment District is not formed. Mr. Farrell stated that Eastwood Farms is not a viable water system and does not have the financial or technical means to sustain itself, that if the Assessment District is not formed the homeowners and business owners could be faced with eviction notices, no v aier connection, and the courts ordering it to be placed in receivership. Mr. McCarthy discussed the funding award and what the results would be if the Assessment District is not formed. A number of home/business owners spoke in support of lonming the Assessment District and thanked East Valley Water District for providing an emergency connection for thirteen years. One home owner stated that he would like to purchase the non-operating wells. Mr. Farrell also offered his appreciation to the District for providing the emergency connection to Eastwood Farms. The Board would like to know what options are available io East Valley Water District if there are not enough affirmative votes and the Assessment District is not formed. Mr. Kennedy provided the Board with the options available to ihcr District. ADJOURN TO EAST VALLEY WATER DISTRICT FINANCING AUTHORITY AT 3:51 PM RECONVENE TO EAST VALLEY WATER DISTRICT BOARD MEETING AT 4:06 PM -> APPROVAL OF AUGUST 10, 2010 BOARD MEETING MINUTES M/S/C (Sturgeon-Malmberg) that the Board meeting minutes for August 10, 2010 be approved as submitted. DISBURSEMENTS M/S/C (Sturgeon-Malmberg) that General Fund Disbursements #225386 through 9225574 were distributed during the period of August 4. 2010 through August 16, 2010 in the amount of $810,383.79 and Payroll Fund Disbursements for the period ended August 16, 2010 in the amount of$224,467.81 totaling $1[ 34.851.60 be approved. GENERAL MANAGERS FEES AND EXPENSES M/S/C (Sturgeon-Malmberg) that the General Manager's fees and expenses be approved as submitted. RESOLUTION 2010.18 - RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT APPROVING AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE 2 Minutes August 24,2010 jph AGREEMENT FOR THE PURPOSE OF CAUSING THE ISSUANCE OF APPROXIMATELY S24,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE BONDS AND APPROVING THE EXECUTION AND DELIVERY OF THE ESCROW AGREEMENT, THE PRELIMINARY OFFICIAL STATEMENT, THE CONTINUING DISCLOSURE CERTIFICATE AND THE OFFICIAL NOTICE OF SALE M/S/C (LeVesque-Malmberg) that Resolution 2010.18 be approved. RESOLUTION 2010.17 — RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING THE GENERAL MANAGER TO SIGN FUNDING AGREEMENT, AMENDMENTS, AND CERTIFICATIONS FOR FUNDING UNDER THE SAFE DRINKING WATER STATE REVOLVING FUND; AUTHORIZING THE GENERAL MANAGER TO APPROVE CLAIM FOR REIMBURSEMENT; AUTHORIZING THE GENERAL MANAGER TO EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING THE GENERAL MANAGER TO SIGN THE CONTRACTOR'S RELEASE FROM AND THE GENERAL MANAGER TO SIGN THE VERIFICATION F PROJECT COMPLETION; AND DEDICATING REVENUES FROM ASSESSMENT AGAINST PROPERTY AS THE SOURCE OF REVENUE TO REPAY SAID LOAN M/S/C (LeVesque-Sturgeon) that Resolution 2010.17 be approved. APPROVE AMENDED DIRECTORS EXPENSES FOR JUNE 2010 M/S/C (LeVesque-Morales) that the amended Directors expenses for June 2010 be approved. GENERAL MANAGER/ STAFF REPORTS The General Manager reported on the District's operations to date; that the Live Oak project is nearing completion; that the hydraulic testing was performed at the Seven Oaks Dam and most of the water had been drained from behind the Dam and recharged into the basin. Mr. Buchwald stated that the GIS map program is working well and that the emergency connection to Baseline Gardens has been disconnected. Mr. Tompkins responded to an inquiry regarding Citizens Business Bank and the District's investments. Mr. Tompkins stated that the concern regarding Citizens Business Bank is a stockholder problem that will not affect the District and that the District's deposits and investments are not in jeopardy. Information only. CONSULTANT REPORTS 3 Minutes August 24,2010 jph Ms Van Dijk provided a Public Relations update and additional information regarding Eastwood Farms articles and press releases. Information onh. COMMITTEE REPORTS a. Legislative (Standing) — Director Morales stated that the State is on day 56 without a budget; that there is a flurry of activity in the legislature especially bills relating to the Bell City incident. b. Community Affairs --No reports at this time. c. Policy —No reports at this time. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Morales voiced his appreciation to the Board and staff regarding the implementation of vital polices over the last two years. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM ALBERT K. KARNIG, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO Information only. 2010 WATER QUALITY & REGULATORY CONFERENCE, DOUBLETREE HOTEL, ONTARIO, NOVEMBER 3-4, 2010 Information only. The Board took a break at 4:33 p.m. The Board returned to session at 4:37 p.m. CLOSED SESSION The Board entered into Closed Session at 4:37 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item listed on the agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS 4 Minutes August 24,2010 jph The Board returned to session at 4:46 p.m. The item listed on the agenda was discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 4:46 p.m. George E. Wilson, President Robert E. Martin, Secretary am IEW 5 Minutes August 24,2010 jph