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HomeMy WebLinkAbout03.b. Minutes of 10-21-10 Meeting30 be MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 21, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, October 21, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. b. INTRODUCTION OF NEW EMPLOYEE Board Members welcomed Electrical Technician, Sean Sullivan. 2. PUBLIC COMMENTS Scott Brown, Local One Senior Business Agent, addressed the Board, alleging that District management has not been working cooperatively with Local One and the relationship with District management has deteriorated significantly over the past few months. He stated that management will not discuss any matters that are not statutory, mandated or contractual. He stated that, effective immediately, the Clear the Air meetings held with District management will cease, and that Local One has filed an Unfair Labor Practices suit against the District. 3. CONSENT - CALENDAR It was moved by Member Nejedly and seconded by Member Lucey to adopt the Consent Calendar as recommended, with the exception of Item 3.h. which was pulled from the Consent Calendar by Member Lucey. Motion passed by unanimous vote of the Board. a. Approve expenditures dated October 21, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of September 16, 2010 Board meeting. C. Authorize medical leave of absence without pay for Maintenance Crew Member II Wilson Brooks through November 18, 2010. Approval recommended by Human Resources Committee. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 d. Authorize extension of medical leave of absence without pay for Senior Plant Operator Gordon Trapp through January 6, 2011. Approval recommended by Human Resources Committee. Member Nejedly asked whether there are laws or regulations regarding approval of medical leaves of absence. General Manager James Kelly stated that staff will look into his question and obtain information. e. Adopt Resolution 2010 -093 accepting Grants of Easements from Paul and Caroline Giers, William and Bernice Bondy, and Jeffrey and Leslie Hamerling, property owners in the Hall Drive neighborhood, Orinda (District Project 5932 — Parcels 1 -3 *), and authorizing staff to record the documents with the Contra Costa County Recorder. Accept the contract work for the Hall Drive Sewer Renovations, Phase 213, District Project 5932, completed by McNamara and Smallman Construction, Inc., and authorize filing of the Notice of Completion. g. Accept the contract work for the Household Hazardous Waste Collection Facility Improvements Project, District Project 8216, completed by Bobo Construction, Inc., and authorize filing of the Notice of Completion. h. Authorize the General Manager to execute an amendment to the agreement for technical consulting services with Kleinfelder, Inc. in the amount of $40,000, bringing the total agreement amount to $89,000 for construction of the Collection System Operations Facility, District Project 8208. Member Lucey requested more information on this item, noting that the original agreement was in the amount of $35 and an additional amount of $14,000 was approved at a later date by staff. He stated that he objects to contracts of just under $50,000, which he feels is a method of avoiding having to ask for Board approval, which is required for contracts of $50,000 or more. Senior Engineer Alex Rozul responded that the contract amount increased because of an underestimation of certain aspects of the scope of work, such as concrete breaking, and also increased inspection requirements by the City of Walnut Creek. It was moved by Member Lucey and seconded by Member Hockett to approve the agreement. Motion passed by unanimous vote of the Board. Set November 18, 2010 at 2:00 p.m. as the date and time for a public hearing to consider declaring the following District -owned properties as unneeded and authorizing the General Manager, or his designee, to execute and administer lease agreements for the properties for periods not to exceed ten years: • 5501 Imhoff Drive, Martinez, California (APN #159 - 140 -052), currently leased by County Quarry; and CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 • 4710 Blum Road, Martinez, California (APN # 159 - 140 -057), currently leased by Contra Costa Topsoil. Adopt the amended and restated Section 125 Cafeteria Plan documents incorporating changes as required by the Internal Revenue Service effective January 1, 2011. Approval recommended by Human Resources Committee. k. Deny claim for damages submitted by Rob Wilkinson. Reviewed by Budget and Finance Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 6. was taken out of order, immediately after the Public Comment Period. 5. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility, District Project 8208 Senior Engineer Alex Rozul provided the regular construction progress update on the Collection System Operation Facility project. He stated that current delays amount to 32 days, as compared to the 46 days reported at the last update, as significant progress was made and the delay reduced by 14 days. To date, 15 change orders have been processed. Issues of concern continue to be the delay in the construction schedule and the approaching winter weather. He showed slides of the progress at the construction site. 2) Update on most recent Contra Costa County Employees' Retirement Association (CCCERA) Board meeting General Manager James Kelly stated that the Contra Costa County Employees' Retirement Association met on October 13, 2010. There was no presentation or discussion regarding de- pooling. The focus of the meeting was on legislative action taken by the Governor regarding bills affecting the Retirement Association. 3) Report on Sacramento Regional Permit General Manager James Kelly stated that the District submitted comments on the Tentative Waste Discharge Requirements for the Sacramento Regional County Sanitation District's Wastewater Treatment Plant. A copy of the comments was included in the Board binder. Director of Engineering Ann Farrell explained why staff thought it important to comment on these proposed requirements. Sacramento Regional Discharge ultimately reaches Suisun Bay, where the District also discharges. They contribute 90% of ammonia reaching Suisun Bay. This is the first permit issued since studies that show a potential link between ammonia and the pelagic organism decline have been publicized. Central Valley Regional Water Quality Control Board actions may set precedents for the San Francisco Bay Regional Water Quality Control Board (SFRWQCB). CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 Ms. Farrell stated that staff is also focusing on working with the SFRWQCB on studies they are conducting on ammonia and nitrate impacts in Suisun Bay. The District's permit will expire on March 31, 2012, and staff will keep the Board informed as that time approaches. 4) Announcements a) General Manager James Kelly announced that the Annual Service Awards Luncheon will be held on Wednesday, October 27, 2010 at 12 p.m. in the Multi- Purpose Room. b) General Manager James Kelly announced that annual notices were mailed to Reimbursement account holders (Installers) on October 8, 2010, in accordance with District Code Section 6.20.200. Installers were reminded of the need to keep the District informed of any change of address. Installers were asked to update their information and return the notice to the District in the prepaid envelopes provided. Having current address information will enable the District to notify Installers when reimbursement fees are collected on their behalf. All notices were sent to the last known address of the Installer, and research was done to locate current addresses for account holders. c) General Manager James Kelly announced that the State Water Board proposes to raise $19.31 million dollars this FY 2010 -11 in revenue to support the National Pollutant Discharge Elimination System ( NPDES) regulatory program, as compared to $17 million in FY 2009 -10. The approach is straightforward, increase fees paid by all NPDES dischargers by 13.6% and the Surface Water Ambient Monitoring Program (SWAMP) to 21 % of the total facility fee. This increases the anticipated fee the District will pay from $127,000 to $143,000. The Water Code allows the State Water Board to establish a fee schedule that "conforms to revenue levels" set for in the Budget Act. State revenue is down because stormwater mitigation fees collected from construction sites are lower because of the recession and some aspects of the program funded in the State General Fund were moved over to the Water Board budget. d) General Manager James Kelly announced that, on Monday, October 18, 2010, Human Resources Manager Cathryn Freitas announced her plan to retire as of December 17, 2010. Staff recommends using an outside recruitment consultant to find and hire the most qualified candidate. Ms. Freitas has been with the District for over twenty -six years and has assisted the Board Members, managers, and staff with numerous concerns, issues and answers. e) General Manager James Kelly announced that the District will be hosting the next meeting of the California Water Environment's Pretreatment, Pollution Prevention and Stormwater Committee on October 28, 2010. As part of this meeting, Environmental Compliance Inspector II Jeff Skinner CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 will be giving a technical presentation on the District's program to control pollutants generated from mobile washers active in the District's service area. In addition to the standard Committee attendance, neighboring agency staff will be invited to attend this session so they can hear the mobile washer presentation and have exposure to the Committee's activities. f) General Manager James Kelly announced that, included in the Board binder announcements was information on a possible fee increase by the State Water Board to support the National Pollutant Discharge Elimination System (NPDES) regulatory program. The District was informed that due to a "late development resulting from some last minute number crunching by State Water Board staff," on October 19, 2010, the State Water Board adopted a fee schedule for FY2010 -11 that carries forward the fee methodology from the prior fiscal year. This good news keeps the fee the District will pay at $127,000 instead of increasing to $143,000. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT Announced upcoming Capital Projects Committee Meeting. d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses; recent meetings for which they received the stipend and meetings or conferences for which the District paid their expenses Member Lucey Member Lucey and Member Nejedly reported on the October 11, 2010 Real Estate Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Lucey and Member Menesini reported on the October 13, 2010 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Neiedlx Member Nejedly and Member Hockett reported on the October 18, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 President McGill President McGill reported on his attendance at the October 7, 2010 - Contra Costa County Mayors' Conference and the October 18, 2010 California Special Districts Association, Contra Costa County Chapter meeting. President McGill and Member Hockett reported on the October 19, 2010 Recycled Water Committee meeting with Assemblymember Nancy Skinner and summarized the Action Summary. The Board received the report without comments. 2) Announcements a) President McGill provided a written report covering Announcements and other meetings. b) Member Hockett announced she will be attending the upcoming CASA Executive Board meeting at Pardee. 6. BUDGET AND FINANCE a. RECEIVE AND ACCEPT AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30 2010 AND APPROVE EXTENDING THE AUDIT TERM FOR CROPPER ACCOUNTANCY CORPORATION FOR A FIFTH YEAR, THROUGH NOVEMBER 30, 2011 Reviewed by Budget and Finance Committee. General Manager James Kelly stated that the firm of Cropper Accountancy Corporation has completed its audit of the District's financial statements for the period ending June 30, 2010. There were no internal control issues and no Management letter issued. John Cropper addressed the Board, stating that the most important outcome of the audit is that he was able to issue a clean, unqualified opinion. He noted that the balance sheet is similar to prior years, with the exception that the District has $30 million in new debt, and some receivables have been reclassified from deferred revenue as there are collectability issues. Operating expenses are down $555,000 and the budget shows a favorable variance of $3,188,065. There are $621 million in net assets on the balance sheet and the District is in a strong financial position. Annual revenues were $80 million, and expenses $79 million. In response to a question from Member Nejedly, Mr. Cropper stated that, in his opinion, the District is in good financial shape. However, Mr. Cropper stated that if the district liquidated all of its assets, there would not be enough assets to cover the District's liabilities. It was moved by Member Hockett and seconded by Member Nejedly to accept the audited Financial Statements for the Fiscal Year Ended June 30, 2010. Motion passed by unanimous vote of the Board. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 21, 2010 Member Nejedly noted that the Budget and Finance Committee considered the extension of the audit term for an additional year and recommends Board approval of the extension. It was moved by Member Nejedly and seconded by Member Hockett to approve extending the audit term for Cropper Accountancy Corporation for a fifth year, through November 30, 2011. Motion passed by unanimous vote of the Board. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested a report on actions taken and progress made in addressing the homeless problem on District property. 9. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 2:54 p.m. Michael R. McGill, P.E. President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California