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02 - Minutes Regular Board Meeting 2014-05-22 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 22, 2014 ______________________________________________________________________ CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 22, 2014 at 5:30P.M. at 628 W. 19th Street, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: Director Ooten led the Pledge of Allegiance. Vice President Scheafer led the Invocation. Robert Ooten, Art Perry, Arlene Schafer, Mike Scheafer James Ferryman STAFF PRESENT: Scott Carroll, General Manager; Alan Burns, District Counsel; Robin Hamers, District Engineer; Anna Sanchez, Administrative Services Manager; Wendy Davis, Interim Finance Manager; Javier Ochiqui, Management Analyst OTHERS PRESENT: Lawrence Jones, CR&R; Bill Nelson, Orange County Cemetery District Board of Trustees Chairman and California Special Districts Association Board of Directors (Region 6) CEREMONIAL MATTERS AND PRESENTATIONS – General Manager Carroll introduced Bill Nelson, Orange County Cemetery District Board of Trustees Chairman and California Special Districts Association Board of Director (Region 6), who presented the Gold Recognition Certificate for Good Governance from the Special District Leadership Foundation and noted that CMSD is the second special district in the state to have ever received this award. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ ANNOUNCEMENT OF LATE COMMUNICATIONS – None PUBLIC COMMENTS – Vice President Scheafer invited members of the public to address the Board. Seeing no one, Vice President Scheafer closed public comments. CONSENT CALENDAR 1. Board of Directors Study Session Meeting Minutes of April 15, 2014 2. Board of Directors Regular Meeting Minutes of April 24, 2014 3. Occupancy report and payment to Costa Mesa Disposal 4. Contract Payment to CR Transfer for Recycling and Disposal Services 5. Adoption of a Warrant Resolution No. CMSD 2014-11 Approving District Warrant Registers 6. Directors’ Compensation and Reimbursement of Expenses 7. Resolution No. 2014-847 – Publication of Ordinance No. 100 8. Resolution No. 2014-849 – Authorizing the Disposition of District Assets The Board of Directors Study Session Meeting Minutes of April 15, 2014, was approved as presented. The Board of Directors Regular Meeting Minutes of April 24, 2014, was approved as presented. The Board of Directors approved the occupancy report and payment to Costa Mesa Disposal for the month of April 2014. The Board of Directors approved payment to CR Transfer for recycling and disposal services for the month of April 2014. The Board of Directors approved adoption of Warrant Resolution No. CMSD 2014-11 Approving District Warrant Registers for the month of April 2014 in the amount of $864,946.71. The Board of Directors approved Directors' compensation and reimbursement of expenses for the month of April 2014. The Board of Directors adopted Resolution No. 2014-847 ordering that publication of Ordinance No. 100 amending the District’s Operations Code pertaining to trash regulations has occurred. The Board of Directors approved Resolution No. 2014-849 as presented. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ END OF CONSENT CALENDAR Director Perry moved to approve the consent calendar. Director Schafer seconded the motion. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman PUBLIC HEARINGS – None GENERAL MANAGER’S REPORTS 9. Resolution No. 2014-850 – Designating the Enforcement Official under the District’s Administrative Citations Chapter of the Operations Code Recommendation: That the Board of Directors adopts Resolution No. 2014 - 850 designating the enforcement official under the District’s Administrative Citations Chapter of the Operations Code. Scott Carroll, General Manager, introduced the item and noted that the proposed resolution will enable the contract code enforcement officer to write citations and allow the General Manager to appoint another staff person to write citations, and discussed the current recruitment of the code enforcement officer position. Discussion followed. Director Schafer moved to approve the item. Director Perry seconded the motion. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman 10. Board of Directors Health Insurance Recommendation: That the Board of Directors decides on one of the following: 1. Direct staff to file a termination resolution for non-CalPERS members to be filed in July 2014 that will take effect in January of 2015; or 2. Direct staff to do nothing whereby the District will maintain a hea lth insurance plan for non- CalPERS members. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ General Manager Carroll provided background on the District’s health insurance plan and noted that no board members currently participate in the health insurance plan. Director Perry expressed support of terminating the health insurance plan for non- CalPERS members. Mr. Carroll noted that if the District chooses to terminate the health insurance plan, the District cannot reenroll in the plan for the next five years. Director Perry withdrew his statement and expressed support of keeping the plan in case future board members might need the coverage. Director Ooten made a motion to terminate the Board of Directors health insurance plan. Director Schafer seconded the motion. Discussion followed. MOTION FAILED BY THE FOLLOWING VOTE: Ayes: Ooten, Schafer Noes: Perry, Scheafer Absent: Ferryman The Board of Directors directed staff to bring the item back to the June 22, 2014 Board meeting. 11. Sewer Lateral Assistance Program (SLAP) Recommendation: That the Board of Directors selects and approves the options shown below for the SLAP program for the fiscal year beginning July 1, 2014: 1. Change the amount of reimbursement by selecting one of the reimbursement options presented in the Analysis section. 2. Reaffirm the requirement for participation of one application once every five years up to the approved reimbursement amount at the time of application. 3. Direct staff not to accept any SLAP applications once the $200,000 of SLAP funding is expended for the 2014-2015 fiscal year. Wendy Davis, Interim Finance Manager, provided a report and requested the Board to approve staff’s recommendation. Discussion followed. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ Director Ooten moved to approve the change of the reimbursement amount from $1,600 to $1,250, waive $240 in fees, and approve staffs’ recommendation. Director Perry seconded the motion. Director Ooten requested that staff provide the Board with an update of the SLAP status on a quarterly basis. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman ENGINEER’S REPORTS 12.Project Status Report Recommendation: That the Board of Directors receive and file the report. Robin Hamers, District Engineer, indicated that the third phase of grade five repairs has been completed and that phase 1 of grade four repairs will begin July 1, 2014. There were no additional questions or comments and the report was received. 13.Anaheim Avenue Sewer Re-Direction Project Recommendation: That the Board of Directors approves appropriating $30,000 from the Asset Management Fund Retained Earnings to relocate the sewer mainline on Anaheim Avenue that will allow the City of Costa Mesa to complete their storm drain improvements. Director Ooten moved approval of the item. Director Perry seconded the motion. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman TREASURER’S REPORTS 14.Investment Report for the Month of April 2014 Recommendation: That the Board of Directors approves the Investment Report for the month of April 2014. Marc Davis, District Treasurer, provided a quarterly review of the investment report. Director Schafer moved to approve the item. Director Perry seconded the motion. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman 15.White Nelson Diehl Evans, LLP - Exercise Option Year Two of Agreement for Audit Services Recommendation: That the Board of Directors approves the second option year of the audit services agreement with White Nelson Diehl Evans, LLP to perform the District’s annual audit for the year ending June 30, 2014 in the amount of $9,52 5. Mr. Davis noted that White Nelson Diehl Evans, LLP has provided financial audit services for the past nine years and recommended that the Board approve the recommendation. Director Schafer moved approval of the item. Director Perry seconded the motion. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman ATTORNEY’S REPORTS Alan Burns, District Counsel, informed the Board that the Supreme Court recognized that invocations may be appropriate in an appropriate setting. Discussion followed. There were no additional questions or comments. LOCAL MEETINGS A. Orange County Sanitation District (OCSD) – (Assistant Secretary Ooten) Recommendation: That the Board of Directors accepts oral report. Director Ooten reported on his attendance of the Administrative Committee meeting and noted that OCSD is celebrating its 60th anniversary. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ B. Santa Ana River Flood Protection Agency (SARFPA) – (Secretary Perry) Recommendation: That the Board of Directors accepts oral report. Director Perry reported on his attendance of the SARF PA meeting and discussed the approval of an agreement with James O’Conner. C. Independent Special Districts of Orange County (ISDOC) – (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported on his attendance of the ISDOC Executive Committee meeting, noted that Mr. Bill Nelson announced that the CMSD would be receiving the Gold Recognition Certificate for Good Governance from the Special District Leadership Foundation, and indicated that CSDA has grouped its districts into regions. Vice President Scheafer indicated that ISDOC will be releasing a quarterly e - newsletter and encouraged staff to subm it an entry to be the first district featured. D. California Special Districts Association (CSDA) - (Vice President Scheafer) Recommendation: That the Board of Directors accepts oral report. Vice President Scheafer reported on his attendance of CSDA Legislative Days in Sacramento. General Manager Carroll provided details of the meetings he and members of the Board had with Assemblyman Mansoor’s staff where they discussed bills that the District supported. E. California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors accepts oral report. Nothing to report. F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 Recommendation: That the Board of Directors accepts oral report. Director Schafer reported on her attendance of ISDOC, WACO, CMSD study session and board meeting, and check presentations for the battery recycling program. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ OLD BUSINESS 16. OC Local Agency Formation Commission (LAFCO) Elections Recommendation: That the Board of Directors support one of the two candidates running for the alternate seat on LAFCO and direct President Ferryman to vote on behalf of the District. Vice President Scheafer noted that the item is to authorize President Ferryman to vo te on behalf of the Board for the LAFCO election. Director Ooten made a motion to nominate Jim Fisler for the alternate seat on LAFCO. Vice President Scheafer seconded the motion. Discussion followed. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman Director Perry made a motion to nominate Vice President Scheafer to be the alternate voting party. Director Ooten seconded the motion. MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: Scheafer, Perry, Ooten, Schafer Noes: None Absent: Ferryman NEW BUSINESS 17. Digital Advertising in Costa Mesa Libraries – Oral Report Recommendation: That the Board of Directors considers making a donation to the Costa Mesa Friends of the Library for the purchase flat screen lobby displays where District programs and services can be displayed to the public. Director Ooten discussed digital advertising at the Costa Mesa libraries. Discussion followed. Members of the Board expressed support of purchasing flat screen lobby displays and requested Director Ooten to bring back costs for discussion and consideration. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MAY 22, 2014 ______________________________________________________________________ ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Ooten requested that contact methods to advertise the organics program be placed on the next study session agenda. Director Perry requested an update of the battery recycling program. Director Ooten requested an update of the Household Hazardous Waste (HHW) program. Mr. Ochiqui noted that the last two HHW collection events have diverted over 56,000 pounds of HHW from the landfills. ADJOURNMENT There being no further business to come before the Board, President Ferryman adjourned the meeting at 7:05 P.M. _________________________ _________________________ Art Perry James Ferryman Secretary President