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BEAR VALLEY COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS REGULAR MEETING

MINUTES


 

BEAR VALLEY

COMMUNITY SERVICES DISTRICT

MINUTES FROM 16 APRIL 2009

BOARD OF DIRECTORS REGULAR MEETING

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened the Regular Board Meeting at 6:00 p.m. on April 16, 2009 at the CSD offices. President Don Kordes called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

PLEDGE OF ALLEGIANCE:

President Don Kordes led those present in the Pledge of Allegiance.

ROLL CALL:

The following were present: President Don Kordes; Vice President Al Romano; Directors Rob Northcutt, Ron Samuels and Rick Zanutto. Also present were Pat Enright, District Counsel; John Yeakley, General Manager; Terry Freeman, Chief of Police; Rudy Hernandez, Finance Director/Treasurer and Sandy Janzen, Assistant General Manager/ District Secretary.

CONSENT CALENDAR:

President Kordes presented the Consent Calendar. Director Samuels made a motion to approve the Consent Calendar. Vice President Romano seconded the motion. Director Zanutto requested clarification regarding item 4-C page 6 Quad Knopf, Inc. for $945.50. Clint Stewart explained. Mr. Yeakley recommended staff provide a summary of all payments made to Quad Knopf for the metal storage building project. Director Zanutto agreed to Mr. Yeakley’s recommendation. Vice President Romano received clarification regarding items on 4-C pages 4 and 5 and also requested staff adds further description to warrants listing “postal meter”. Mr. Hernandez stated the description could be added. Director Northcutt requested information regarding 4-C page 4. Sandy Janzen clarified the payment was made to Kern County Elections Office for the district’s cost for the general election in 2008. Director Northcutt also requested details regarding a warrant for a 50hp motor listed on 4-C page 4. Mr. Stewart explained. President Kordes closed Board Comments. President Kordes opened Public Comments. John Mihelich (3557-174) stated it was time to seek bids from other engineers and stated his belief that Quad Knopf charged too much. Dave Roderick (3431-128) stated 15 to 20% for engineering was very reasonable and stated the district should thank the engineer for the bargain. President Kordes closed Public Comments. The motion passed unanimously. It was resolved to:

Accept the minutes of the March 12, 2009 regular board meeting as submitted.

Accept the Treasurer’s monthly report for March 2009 as submitted.

Approve the pre-issue and regular warrants as listed in the registers dated April 3, 2009 and April 7, 2009 in the amounts of $189,969.20 and $166,805.16. March salaries and benefits totaled $245,327.25.

Accept the Expense Report as submitted.

Accept the monthly Police Activity Report as submitted.

Accept monthly report on Strategic Planning Objectives as submitted.

Approve report of District Overtime as submitted.

Approve BVSA Project for Modification to the Whiting Center Sauna Room.

PUBLIC COMMENTS

President Kordes opened Public Comments. David Roderick (3431-128) asked if water rates would decrease since natural gas prices had decreased and if water rationing would be put into effect. Mr. Yeakley stated the Finance Committee is reviewing the pass-through charge and that rationing was not an issue as of yet. President Kordes closed Public Comments.

BOARD COMMENTS

President Kordes opened Board Comments. Director Zanutto thanked Mr. Yeakley for the weekly e-mail updates and thanked members of the community for stepping up to serve on committees. President Kordes closed Board Comments.

GENERAL COMMENTS Mr. Yeakley announced this was a new item on the agenda in response to an e-mail received from former Director Phil Darling. District Counsel Pat Enright reviewed a Powerpoint presentation addressing 1) Gift of Public Funds 2) Compatibility of Offices. President Kordes opened Board Comments. Director Zanutto read and responded to Mr. Darling’s e-mail. President Kordes closed Board Comments and opened Public Comments. Bill Mason (3461-253) requested clarification regarding why this item was on the agenda. Mr. Yeakley clarified. John Mihelich (3557-174) stated agenda item 14 appeared to also be a conflict of interest. Pat Enright stated item 14 was not present a conflict because SDRMA is a Joint Powers Agency. Phil Darling (3431-24) responded to Director Zanutto’s comments. Bill Marquardt (3557-086) asked what the cost to loan BVSA a dump truck would have been and stated Director Zanutto was trying to get the BVSA and CSD to work together. President Kordes responded that the money comes from one pocket or the other pocket of the property owners and that the BVSA and CSD have a good working relationship. Ralph Kermode (3431-177) stated he appreciated what Director Zanutto was attempting to do, and that no good deed goes unpunished. David Roderick (3431-128) stated that what works is that we do have a separation of the two entities and that each follows procedures with a paper trail. Gil Grace (3430-450) stated Director Zanutto asked for a loan – not a gift. Director Samuels stated that Mr. Mihelich has asked the Board for a paper trail for the past 10 years and stated the board does not have the option to say, “Take a dump truck – just be careful.” John Mihelich (3557-174) stated a paper trail simply needed to be produced by staff to document what was done. Vice President Romano stated the board had to follow the letter of the law. President Kordes closed both Board and Public Comments.

CONDUCT A PUBLIC HEARING FOR OBJECTIONS TO REMOVAL OF STARTHISTLE Mr. Yeakley stated a public hearing was scheduled at the last regular board meeting to allow property owners who objected to removing their yellow starthistle be heard. No members of the public were in attendance for the public hearing. President Kordes declared the public hearing closed.

DISCUSSION REGARDING 12kW PV SOLAR SYSTEM PROJECT Mr. Yeakley presented resident Bill Mason’s request that the Board discuss a solar system project during the regular board meeting. Mr. Stewart provided a history of the district’s look into solar projects. Director Northcutt asked is the project was still available to do. President Kordes answered yes, but that the previous Board Treasurer’s review of the project never penciled out for the district. President Kordes opened Public Comments. Bill Mason (3461-253) stated he comes from an engineering background and has a solar system on his home. Mr. Mason stated he listened to the vendor’s pitch and found errors in Mr. Martin’s spreadsheet, stating a solar system would be of substantial benefit to the district. Mr. Mason stated that waiting for a big project would be a mistake and that solar panels have come down in price saving the district even more money. President Kordes stated he appreciates Mr. Mason enthusiasm for the project and directed staff to place the item on the next Infrastructure Committee agenda. Mr. Yeakley apologized for not keeping Mr. Mason informed regarding the project.

COMMITTEE RECOMMENDATIONS FOR VOLUNTEER PARTICIPANTS Mr. Yeakley presented the committees’ recommendations for volunteer appointments to each committee. President Kordes appointed Sue Wonacott to the Communications Committee. President Kordes held the appointment of Debra Bush to the Administration Committee until the Committee had the opportunity to consider Ms. Bush’s request to hold the meetings in the evening. President Kordes appointed Phil Darling, Bill Mason and John Morgan to the Finance Committee. President Kordes appointed John Bryant to the Infrastructure Committee. President Kordes appointed John Bryant and Kenneth Wagner to the Public Safety Committee. The appointment of Elliot Oseas to the Infrastructure and Public Safety Committees was put on hold until it could be demonstrated that he was familiar with the Brown Act. President Kordes stated he was disappointed more members of the public had not asked to be considered for the committees. Director Northcutt stated at least it was a start. President Kordes opened Public Comments. Bill Mason (3641-253) stated he hoped the Board would consider other committee members as they volunteer. Mr. Yeakley stated that in addition to the above assignments, the Finance Committee desired board approval of an ad hoc citizen’s committee for the following purpose: “To evaluate all accounts and expenditures for the past year that appear on the monthly warrant report. If a contract is tied to a contract, evaluate that contract and offer suggestions for improvement. Should any reoccurring warrants be put out for bid: suggest ways that expenses can be reduced, eliminated or combined. The committee will function for a 60 day period to begin on approval of the committee members of the finance committee followed by board approval. At the end of the study, a written report will be submitted to the Finance Committee for presentation to the board.” Mr. Yeakley presented staff’s recommendation that the sixty day period not begin until at least July 1, 2009 to allow staff time to complete the budget process. Director Northcutt requested discussion regarding SB 135 and how it affects the district code. Pat Enright clarified the word citizen had not been defined in the district code and therefore the court’s definition of a citizen refers to a person’s permanent home. President Kordes stated that since the Finance Director was new to the district it would be in the district’s best interest to have the Ad Hoc Committee start their work in July, after the budget process. Director Zanutto stated the committee would only be working 2 hours per week sharing the files, and that there would always be something to create a delayed start date. Director Zanutto also stated the committee is anxious to get started. Vice President Romano pointed out the committee requires staff time and staff is requesting relief. Mr. Yeakley stated he did not believe the project could be accomplished in 1 to 2 hours per week and would be much more time consuming. John Mihelich (3557-174) stated it would be worthless to wait until July and the Brown Act was not necessary. President Kordes stated that anything helpful for this year’s budget would also be helpful for next year’s budget. Bill Mason stated 60 days seemed too short a time span to accomplish the purpose. Director Samuels stated that the district already had people handling the finances and that the purpose of the Ad Hoc Citizen’s Committee was a repetition of efforts, and therefore the committee was not necessary. Director Zanutto asked if the committee’s recommendations could be taken into consideration during the mid year review? Mr. Yeakley and Mr. Hernandez stated yes and that the recommendations would not have to wait until the midyear review. Director Zanutto made a motion to appoint Gil Grace, Bill Marquardt, John Mihelich and Steve Walsh to the Ad Hoc Citizen’s Committee. Director Northcutt seconded the motion. Vice President Romano stated the three members who attended the Brown Act training should be appointed, but the one that had not attended should remain pending to stay consistent with the other committee appointments. Bill Mason (3461-253) stated the attorney presented a handout during the training that could be provided to those that did not attend the meeting. Phil Darling (3431-024) told the board they needed to seriously consider appointing people that have publicly made comments that the Brown Act does not apply to them at this and past meetings. John Mihelich (3557-174) responded and stated the first three pages of the Brown Act make it clear it does not apply to a Citizen’s Ad Hoc Committee. Both President Kordes and Pat Enright stated once again that the Brown Act does apply. Pat Enright read section 5495.4 of the Brown Act. Phil Darling (3431-024) read several more portions of the Brown Act. Gil Grace (3430-450) stated people had volunteered and the rules had become discouraging. He also stated he attended Mr. Enright’s excellent training and understands the rules, but it makes it difficult to volunteer. Ralph Kermode (3417-177) stated there was too much animosity in the room. President Kordes closed Board and Public Comments and called for the vote. Ayes: Northcutt, Zanutto. Nayes: Kordes, Romano, Samuels. The motion failed.

APPROVAL OF REVISED BUDGET CALENDAR FOR FY 2009-10 Mr. Hernandez presented staff’s recommendation that the Board review and approve a revised Budget calendar. Vice President Romano made a motion to approve the revised budget calendar. Director Zanutto stated he was unavailable for the June dates. Following Board discussion the Budget workshop was moved to June 10, 2009 at 8 a.m. Director Zanutto seconded the motion. The motion passed unanimously.

APPROVAL OF INTERNAL CONTROL POLICY FOR LOCAL AGENCY INVESTMENT FUND (LAIF) TRANSACTION Mr. Hernandez presented staff’s recommendation that the Board approve the internal control policy for Local Agency Investment Fund (LAIF) transactions. Director Samuels made a motion to approve staff’s recommendation. The motion was seconded by Vice President Romano. There were no Public or Board Comments. The motion passed unanimously.

At 9:00 p.m. Vice President Romano made a motion to continue the meeting. Director Northcutt seconded the motion. The motion passed. Ayes: Kordes, Northcutt, Romano, Samuels. Nayes: Zanutto.

APPROVAL OF NEW PROCEDURES FOR PROCESSING ACCOUNTS PAYABLE AND MONTHLY CLAIM SUMMARY REPORT Mr. Hernandez presented staff’s recommendation that the board approve an alternative option for processing accounts payable with the implementation of the new plan to begin May 2009. Under the alternative option, staff would pay bills as incurred. Director Northcutt made a motion to approve the plan as presented by staff. Director Zanutto seconded the motion. There were no Board or Public Comments. The motion passed unanimously.

ADOPTION OF A RESOLUTION NOMINATING JOHN C. YEAKLEY TO THE BOARD OF DIRECTORS OF THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) Mr. Yeakley presented staff’s recommendations that the board adopt a resolution nominating him for SDRMA’s Board of Directors. Mr. Yeakley reported he had served on the SDRMA Board since 1999 and would like to continue to do so. If elected Mr. Yeakley would be serving SDRMA for an addition four years at no cost to the district other than his time of approximately one day a month out of the office. President Kordes opened Board Comments and stated Mr. Yeakley’s involvement with SDRMA had been a positive factor for the CSD. There were no Public Comments. Director Samuels made a motion to pass the resolution. Vice President Romano seconded the motion. The motion passed unanimously. Vice President Romano wished Mr. Yeakley luck.

ENGINEER’S COST ESTIMATE FOR CUMMINGS VALLEY WELL #6 Mr. Stewart presented staff’s recommendation that the Board approve an additional $25,000 for engineering costs associated with Cummings Valley Well #6 and direct the engineer to go forward with the project. Mr. Stewart reported that $25,000 was already approved and Quad Knopf’s estimate was for a total of $49,300. Director Samuels made a motion to approve engineering cost up to $50,000. Vice President Romano seconded the motion. President Kordes opened Board Comments. Time was spent explaining the need for CV Well #6 and how it ties into the pipeline of CV Well #5. Time was also spent explaining the engineer’s role for this project. President Kordes closed Board Comments. There were no Public Comments. The motion passed unanimously.

STATUS REPORT REGARDING WELL #31 MAINTENANCE/REPAIRS Mr. Stewart provided a written report regarding Well #31 and will bring the item back at the next regular board meeting for a vote to approve maintenance and repair cost estimated at $30,000 plus or minus 20%. There was no action at this time.

STATUS REPORT REGARDING CUMMINGS VALLEY WELL ABANDONMENTS Mr. Stewart provided a written report regarding the abandonment of three agricultural wells in Cummings Valley. Director Northcutt asked for the details regarding how the district abandons a well. Mr. Stewart answered. No action. Report only.

STATUS REPORT REGARDING PARAMOUNT/JACARANDA ROAD SEALING Mr. Stewart provided a written report regarding seven miles of road surfacing on Paramount and Jacaranda planned for September of 2009. No action. Report only.

STAFF REPORTS

Public Works Status Report –Mr. Stewart provided a written report.

MTBE Status Report – Mr. Yeakley reported there have been no changes since last month’s report and suggested the item be removed from future agendas.

Financial Report – Mr. Rudy Hernandez presented a written report.

COMMITTEE REPORTS

Finance Committee – Vice President Romano presented the written Finance Committee Minutes. The next meeting was set for May 11, 2009 at 11 a.m.

Infrastructure Committee – Vice President Romano presented the written Infrastructure Committee Minutes. The next meeting date was set for May 5, 2009 at 9 a.m.

Liaison Committee –President Kordes presented the written Liaison Committee Minutes. The next meeting was set for May 12, 2009 at 9 a.m.

Communications Committee – Director Zanutto presented the written Communications Committee Minutes. The next meeting was set for May 12, 2009 at 1:30 p.m.

Administration Committee – President Kordes presented the written Administration Committee Minutes. The next meeting was set for April 21, 2009 at 11 a.m.

Public Safety –President Kordes presented the written Public Safety Committee Minutes. The next meeting was set for April 21, 2009 at 9 a.m.

DFAC – Director Zanutto reported the committee is reviewing a list of approximately 33 priorities. The next meeting was set for May 12, 2009 at 10:30 a.m. at the OTCC.

Town Hall – Mr. Yeakley reported future meetings may be scheduled bimonthly or quarterly due to little public participation. Water and water availability was discussed at the April 14th meeting.

TWAPC- Director Samuels presented the written Water Availability Preservation Committee Minutes for April 7, 2009. The next meeting was set for May 14, 2009 at 10 a.m.

President Kordes adjourned the meeting at 10:15 p.m.

 

APPROVED:

________________________________________

Eldon Kordes, President

Bear Valley Community Services District

 

ATTEST:

_____________________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District

 

 

 

 

 

 

 

BEAR VALLEY

COMMUNITY SERVICES DISTRICT

MINUTES FROM 12 MARCH 2009

BOARD OF DIRECTORS REGULAR MEETING

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened the Regular Board Meeting at 6:00 p.m. on March 12, 2009 at the CSD offices. President Don Kordes called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

PLEDGE OF ALLEGIANCE:

President Don Kordes led those present in the Pledge of Allegiance.

ROLL CALL:

The following were present: President Don Kordes; Vice President Al Romano; Directors Rob Northcutt, Ron Samuels and Rick Zanutto. Also present were John Yeakley, General Manager; Terry Freeman, Chief of Police and Sandy Janzen, Assistant General Manager/ District Secretary.

CONSENT CALENDAR:

President Kordes presented the Consent Calendar and opened Board Comments. Director Zanuttto requested item 4-I be pulled from the Consent Calendar for further discussion. Director Northcutt referred to item 4-C and questioned the charge for extra copies. Director Northcutt stated he would like the district to look into ways to reduce paperwork. Director Northcutt also asked for clarification regarding money paid to the Department of Justice for fingerprinting. Both Mr. Yeakley and Chief Freeman explained that 4-C only showed the outgoing money and did not reflect the money being paid to the district for the services. Director Northcutt asked about the payment made to J & H Automotive and Jim Burke Ford. Staff believed the charges were in relation to a snow plow accident and would confirm. Vice President Romano made a motion to adopt the Consent Calendar with the exception of item 4-I. Director Zanutto seconded the motion. The motion passed unanimously. It was resolved to:

Accept the minutes of the February12, 2009 regular board meeting as submitted.

Accept the Treasurer’s monthly report for February 2009 as submitted.

Approve the pre-issue and regular warrants as listed in the registers dated March 10, 2009 in the amounts of $95,232.46 and $76,108.82. February salaries and benefits totaled $260,774.16.

Accept the Expense Report as submitted.

Accept the monthly Police Activity Report as submitted.

Accept monthly report on Strategic Planning Objectives as submitted.

Approve Gate Device Deposit Forfeitures as submitted.

Approve Contractor Pass Deposit Forfeitures as submitted.

Accept the Annual Report from the Public Safety Committee concerning complaints against the Police Department.

Item 4-I was discussed. Director Zanutto suggested that the CSD loan the BVSA the district’s dump truck with a full tank of gas, with an agreement that the truck would be returned by BVSA in the same working condition with a full tank of gas. Mr. Yeakley explained the current policy between the BVSA and CSD for charging a set rate for equipment and/or operators. Director Northcutt stated this would be a one-time project and that the BVSA is trying to keep costs down. President Kordes stated there are many one-time projects and if there where to be a change in policy it would need to be agreed upon by both parties. Director Zanutto stated he would like the CSD to take the first step. Director Samuels stated he did not see the need to change the current policy. Director Romano asked if the BVSA has anyone qualified to run the equipment. He also stated he would be more inclined to lend the equipment with a CSD employee operating the vehicle. Director Northcutt made a motion to loan the dump truck to the BVSA at no charge for the Golf Course #3 project. Director Zanuttto seconded the motion. President Kordes opened and closed Public Comments. The motion failed. Ayes: Northcutt, Zanutto. Noes: Kordes, Romano, Samuels.

Director Zanutto made a motion to approve BVSA’s request for improvements to Oak Tree Golf Course Hole #3. The motion was seconded by Vice President Romano. There were no Board or Public Comments. The motion passed unanimously.

PUBLIC COMMENTS

President Kordes opened Public Comments. John Mihelich (3557-174) stated that those in the back of the room did not hear they had an opportunity to comment on the Consent Calendar. There were no other Public Comments. President Kordes closed Public Comments.

BOARD COMMENTS

President Kordes opened Board Comments. Director Zanutto thanked staff for having the Board Packets available in a timely manner. Mr. Yeakley stated that with this agenda it was fairly easy. There may be future agendas that could create more difficulty. President Kordes closed Board Comments.

CONSIDER CLAIM AGAINST THE DISTRICT FOR VEHICLE DAMAGE ICO: MR. DANIEL FERRY (3461-468) Mrs. Janzen presented staff’s recommendation that the board deny Mr. Ferry’s claim against the district for $4,632.22 and direct staff to move the item to closed session for further discussion. Mr. Ferry was present at the meeting and brought his vehicle for inspection by the board. The directors examined the vehicle and the red rock distribution equipment. Director Northcutt made a motion to deny the claim and direct staff to move the item to closed session for further discussion. Vice President Romano seconded the motion. The motion passed unanimously.

ADOPTION OF A RESOLUTION IDENTIFYING PROPERTIES AFFECTED WITH STARTHISTLE Mr. Yeakley presented staff’s recommendation that the board adopt the resolution, direct staff to notify those with properties identified to be infested with Starthistle and set a public hearing to coincide with the next regular board meeting. President Kordes opened Board Comments. Director Northcutt asked how a property is removed from the list. Mr. Yeakley explained that the resident needs to call the office and staff will verify that the property can be removed. President Kordes explained the seeds can lay in the ground dormat for up to seven years. Gary Jones stated he would like his property removed from the list. Vice President Romano made a motion to adopt the resolution with the attached property list and to set a public hearing for the next regular board meeting. Director Samuels seconded the motion. The motion passed unanimously.

CONSIDER CHANGING RBM APRIL 9, 2009 Mrs. Janzen presented staff’s recommendation that the board consider changing the April 9, 2009 regular board meeting due to Passover. Director Samuels stated he would like to see the meeting changed to another date. Director Zanutto stated he will be out of town for Easter. Vice President Romano made a motion to move the regular board meeting to April 16, 2009 at 6 p.m. Director Northcutt seconded the motion. The motion passed unanimously.

CONSIDER IMPLEMENTATION OF COST SAVINGS EMPLOYEE INCENTIVE PROGRAM Mr. Yeakley presented staff’s recommendation that the board direct staff to implement an employee incentive program as described in the staff report and direct staff to report to the board on a quarterly basis regarding the program. Director Zanutto made a motion to accept staff’s recommendation with the option to review the program in six months. Vice President Romano seconded the motion. President Kordes opened Board Comments. Director Samuels and Vice President Romano requested clarification regarding the award amounts. Staff and Director Zanutto provided clarification. President Kordes closed Board Comments and opened Public Comments. Dan Shobe (3461-330) suggested employees look at all aspects of the operation and that bonuses only be paid after the savings to the district have been demonstrated. Sandy Williams (3440-338) asked who the Administration Committee members were and was told Director Zanutto and President Kordes. President Kordes closed Public Comments. The motion passed unanimously.

APPROVAL OF PAYMENT FOR PROPERTY TAXES DUE FOR PROPERTIES PURCHASED IN 2005 Mr. Yeakley presented staff’s recommendation that the Board approve payment in the amount of $153,809.72 to cover the property taxes due to Kern County for the Cuevas and Duncan properties that were purchased in 2005 and annexed last year. Funding to cover this tax reserve will come from the water reserve fund which has an unencumbered cash balance of $1,019,598 as of January 2009. Mr. Yeakley explained the taxes were not paid when due because the land was being annexed and on our previous annexation the county had excused such tax bills. Given the economic times the county was not willing to excuse the current tax bill and had applied approximately $20,000 in penalties. The annexation took longer than expected largely due to a personnel matter that has since been resolved. President Kordes opened Board Comments. Director Northcutt reviewed the annexation process and asked if there was any income from the leased property to offset the liability. Mr. Yeakley stated that yes the land is leased for a small amount of money; he would provide the exact amount of the lease at a later date. Director Zanutto asked for clarification as to why the property was purchased and asked if there were any wells on the property. Staff clarified the reasons for the purchase was to protect the cone of depression for district water. Director Samuels asked if the district could appeal to the county to reduce the 18% interest they offered in allowing the district five years to pay the bill. Mr. Yeakley stated the district has the money and recommended we pay the debt now. Mr. Yeakley also stated the county made it clear interest and penalties would increase if the taxes were not paid by April 1, 2009. President Kordes closed Board Comments and opened Public Comments. John Mihelich stated he had looked up the tax obligation on Kern Data and received different numbers. Mr. Mihelich stated this should have been a Finance Committee highlight. Gil Grace (3430-450) asked if anyone had stayed in touch with the county during the annexation process. Mr. Yeakley stated the county was aware of the situation and decided not to excuse the bill. Sandy Williams suggested the district issue two checks: one for the taxes owed and one for the penalties in case the county decided to excuse the penalties. Mr. Yeakley stated the county has made it clear they want the full amount. Phil Darling (3431-024) pointed out that the reserve money has been in an interest bearing account to help offset the penalties. Vice President Romano made a motion to pay $153,809.72 to cover property taxes due Kern County by April 1, 2009. Director Zanutto seconded the motion. The motion passed unanimously.

REVIEW AND DISCUSSION OF CURRENT WATER RATE BILLING STRUCTURE Mr. Yeakley presented staff’s recommendation that the Board discuss the Finance Committee’s recommendations and provide staff with direction. The directors discussed confusion over the pass-through charge and discussed proposition 218. Following some discussion Vice President Romano made a motion that staff conduct a study of the rate structure. The motion was seconded by Director Zanutto. President Kordes opened Public Comments. John Mihelich discussed proposition 218. Gil Grace asked if the price of natural gas was expected to increase or decrease and if anyone knew how much money was in a segregated account from the pass through charge. Vice President Romano stated natural gas had decreased and Mr. Yeakley stated he would call Mr. Grace with the amount that had been collected. President Kordes closed Public Comments. The motion passed unanimously.

APPROVAL OF LOCAL AGENCY INVESTMENT FUND (LAIF) AUTHORIZED SIGNORS TO PERFORM INVESTMENT TRANSACTIONS Mr. Yeakley presented staff’s recommendation that the board approve a resolution provided by the Local Agency Investment Fund authorizing General Manager John C. Yeakley, Assistant General Manager Sandy Janzen, and Finance Director Rudy Hernandez (or their successors in office) to authorize deposit or withdrawal of monies in the Local Agency Investment Fund on behalf of the district. Vice President Romano made a motion to approve the resolution. Director Northcutt seconded the motion. President Kordes opened Board Comments. Director Northcutt asked what combination of signors was necessary for the transaction to work. Mr. Yeakley clarified only one signor was needed. Mr. Yeakley was directed to write up an internal control policy requiring two signors to approve each transaction. President Kordes closed Board Comments. There were no Public Comments. The motion passed unanimously.

LETTERS OF INTEREST TO SERVE AS COMMITTEE VOLUNTEERS Mr. Yeakley presented staff’s recommendations that the board direct the individual committees to provide their recommendations for citizen members to the board president prior to the April 16, 2009 regular board meeting. Following discussion, staff was directed to provide a memo to each committee with a list of the applicants, to contact each applicant regarding the next committee meeting and place volunteer interviews on each committee agenda.

SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION 1-5-9.E OF THE BEAR VALLEY COMMUNITY SERVICES DISTRICT MUNICIPAL CODE CONCERNING CITIZENS’ COMMITTEES Mr. Yeakley presented staff’s recommendation that the board conduct the second reading of the ordinance, adopt the ordinance, and direct staff to proceed with publication of the required public notice. Mr. Yeakley read the ordinance by title only. Director Northcutt made a motion to adopt the ordinance. Vice President Romano seconded the motion. There were no Board Comments or Public Comments. The motion passed. Ayes: Kordes, Romano, Northcutt, Zanutto Noes: Samuels

STAFF REPORTS

Public Works Status Report –Mr. Yeakley presented Clint Stewart’s written report. Director Zanutto stated his appreciation for the information provided on the new reports.

MTBE Status Report – Mr. Yeakley reported there have been no changes since last month’s report.

Financial Report – Mr. Yeakley presented Rudy Hernandez’ written report.

COMMITTEE REPORTS

Finance Committee – Vice President Romano presented the written Finance Committee Minutes. The next meeting was set for March 19, 2009 at 10 a.m.

Infrastructure Committee – Vice President Romano presented the written Infrastructure Committee Minutes. The next meeting date was set for March 19, 2009 at 9 a.m.

Liaison Committee –President Kordes presented the written Liaison Committee Minutes. The next meeting was set for March 17, 2009 at 9 a.m.

Communications Committee – Director Zanutto presented the written Communications Committee Minutes. The next meeting was set for April 7, 2009 at 1:30 p.m.

Administration Committee – President Kordes presented the written Administration Committee Minutes. The next meeting was set for March 17, 2009 at 1:30 p.m.

Public Safety –President Kordes presented the written Public Safety Committee Minutes. The next meeting was set for March 19, 2009 at 11:00 a.m.

DFAC – Vice President Romano and Director Zanutto reported committee guidelines were reviewed and designated leaders in each area were determined. The next meeting was set for April 14, 2009 at 10 a.m. at the OTCC.

Town Hall – President Kordes and Vice President Romano reported the DFAC meeting was the main focus of the Town Hall. The next meeting was set for April 14, 2009 at 6:30 p.m. at the OTCC.

TWAPC- Director Samuels presented the written Water Availability Preservation Committee Minutes for March 12, 2009. The next meeting was set for April 14, 2009 at 10 a.m.

President Kordes adjourned the meeting to closed session at 8:55 p.m.

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation to subdivision (b) of Section 54956.9: One potential case – Claim of Daniel Ferry.

President Kordes reconvened the regular board meeting at 9:16 p.m.

President Kordes reported a matter of potential litigation was discussed and the claim against the district by Mr. Ferry was denied.

President Kordes adjourned the meeting at 9:17 p.m.

 

APPROVED:

________________________________________

Eldon Kordes, President

Bear Valley Community Services District

 

ATTEST:

_____________________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District

 

 

 

 

 

 

 

 

 

 

BEAR VALLEY

COMMUNITY SERVICES DISTRICT

MINUTES FROM 12 FEBRUARY 2009

BOARD OF DIRECTORS REGULAR MEETING

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened the Regular Board Meeting at 6:00 p.m. on February 12, 2009 at the CSD offices. President Don Kordes called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

PLEDGE OF ALLEGIANCE:

President Don Kordes led those present in the Pledge of Allegiance.

ROLL CALL:

The following were present: President Don Kordes; Vice President Al Romano; Directors Rob Northcutt, Ron Samuels and Rick Zanutto. Also present were Pat Enright, District Counsel; John Yeakley, General Manager; Terry Freeman, Chief of Police; Clint Stewart, Public Works Superintendent; Rudy Hernandez, Finance Director; and Sandy Janzen, Assistant General Manager/ District Secretary.

CONSENT CALENDAR:

President Kordes presented the Consent Calendar and opened Board Comments. President Kordes made a date correction to the budget calendar item 4-H changing May 7 to May 14, 2009. Vice President Romano requested clarification regarding 4-C police towing. Chief Freeman stated the expense was an in an out income and expense. Director Northcutt did not see the monthly billing for tank maintenance in the warrants. Mr. Yeakley added clarification regarding the 34 bolted tanks and the 7 welded tanks. Director Zanutto asked for clarification regarding the Tehachapi Cummings Water payments. Staff explained the district has not yet update to the new system discussed in previous meetings and is still using pre-issues and regular warrants. Vice President Romano made a motion to adopt the Consent Calendar with a change to the budget calendar. Director Samuels seconded the motion. The motion passed unanimously. It was resolved to:

Accept the minutes of the January 8, 2009 regular board meeting and minutes of the January 24, 2009 Strategic Planning Session as submitted.

Accept the Treasurer’s monthly report for January 2009 as submitted.

Approve the pre-issue and regular warrants as listed in the registers dated February 9, 2009 and February11, 2009 in the amounts of $216,542.25 and $108,854.19. January salaries and benefits totaled $384,246.31.

Accept the Expense Report as submitted.

Accept the monthly Police Activity Report as submitted.

Accept monthly report on Strategic Planning Objectives as submitted.

Approve Fiscal Year 09/10 Budget Calendar.

Approve BVSA project for installation of a walkway safety rail at the Whiting Center.

 

PUBLIC COMMENTS

President Kordes opened Public Comments.

John Mihelich (3557-174) District Expenditures: Mr. Mihelich mentioned the passing of Carly Morton and stated her ideas, thoughts and motivations were for the good of the valley. Her favorite subjects as stated by Mr. Mihelich were legal and engineering costs, gasoline and medicine cabinet expenditures. Mr. Mihelich also clarified his statements as printed in the Cub regarding total district expenditures in view of pending tax shortfalls and requested clarification on taxes and annexed land in Cummings Valley. Mr. Mihelich stated only the general manager should have a district credit card. President Kordes closed Public Comments.

BOARD COMMENTS

President Kordes opened Board Comments. Director Northcutt stated there were warrants for Mr. Yeakley’s car of $45,110 and $775 for radio and telephone work. Director Northcutt asked about the trade-in value of the old car and why the old phone/radio was not used. Mr, Yeakley reported the old car is waiting for maintenance work and will then need to be smogged before resale. The phone/radio was moved from the old vehicle and used in the new vehicle. Director Zanutto thanked staff for coordinating with the Golden Hills CSD to find Ethics Training for both Directors Northcutt and Zanutto at no cost to the district. Director Northcutt stated he would like to receive the board packets in a more timely fashion in order to allow more time to thoroughly review the material. Director Zanutto agreed. Staff also agreed. President Kordes closed Board Comments.

ANNUAL REVIEW AND APPROVAL OF POLICIES FOR BOARD PERSONNEL AND SEXUAL HARASSMENT/DISCRIMINATION COMPLAINTS Mr. Yeakley presented staff’s recommendation that the board provide their annual approval of the district’s board policies, personnel policies, and sexual harassment and discrimination policies. Director Zanutto made a motion to approve staff’s recommendation. Director Samuels seconded the motion. The motion passed unanimously.

APPROVAL OF ATTENDANCE AT CSDA SPECIAL DISTRICT LEADERSHIP ACADEMY AND RELATED EXPENSES Sandy Janzen presented staff’s recommendation that the board approve attendance and related expenses of all four modules of the Leadership Academy for both Directors Northcutt and Zanutto. President Kordes opened Board Comments. Director Northcutt voiced concern that the district has been spending a great deal of money to send multiple directors to the same training. President Kordes stated the training changes quickly and it is important to stay up to date with the legislature. Staff shared in the report that there are some cost savings experienced in the district’s liability insurance by sending directors to training. Director Northcutt made a motion to send two directors to all four modules of the Leadership Academy and cover related expenses. Director Zanutto seconded the motion. The motion passed unanimously.

APPROVAL OF ATTENDANCE AT SPRING ACWA CONFERENCE AND RELATED EXPENSES Mr. Yeakley recommended that the board approve attendance of all five board members at the 2009 ACWA Spring Conference in Sacramento May 19 through May 22, 2009. Director Northcutt stated he had reviewed the conference information and found there are similarities to prior conferences and asked if it is necessary to send all five directors to these conferences repeatedly or can the district send fewer directors who could share the information with the board. Mr. Yeakley stated that yes the board could decide to be less active. President Kordes stated the water situation is volatile. The district needs to be aware of what is going on at the state level. Director Northcutt stated that with proper reporting all could stay informed. Director Samuels stated that handouts are available in some classes to share with other directors, yet some seminars do not provide the handouts. Director Northcutt stated that each director could write at least a paragraph addressing the classes he attended and explain what others are doing. President Kordes closed Board Comments and opened Public Comments. Mr. Mihelich stated that the district needs to look into the financial trade off on the cost of sending directors to the conference verses the savings on the liability insurance. Mr. Yeakley pointed out any decrease in insurance premium is secondary to the training provided. President Kordes closed Public Comments. Vice President Romano made a motion to approve attendance of five directors at the spring ACWA conference and related expenses. Director Samuels seconded the motion. The motion passed. Ayes: Kordes, Romano, Samuels, Zanutto. Noes: Northcutt.

CONFERENCE EXPENSE REPORTING Sandy Janzen presented an informational report regarding conference expense reporting. Pat Enright added the expense report is designed to provide transparency. Mr. Yeakley stated the expense report minimally meets the requirements of AB 1234. Director Northcutt stated that while it may meet the requirements, the board needs to examine what should be done ethically. No action was taken.

ADOPTION OF A RESOLUTION DECLARING SAFETY EMPLOYEE RAYMOND COTTA DISABLED FOR THE PURPOSES OF THE PUBLIC EMPLOYEES’ RETIREMENT LAW SECTION 21156, GOVERNMENT CODE Sandy Janzen presented staff’s recommendation that the board adopt a resolution declaring safety employee Raymond Cotta disabled for the purposes of the Public Employees’ Retirement Law Section 21156, Government Code. Vice President Romano made a motion to adopt the resolution. Director Samuels seconded the motion. President Kordes opened Board Comments. Director Zanutto confirmed a physician had determined Sgt. Cotta permanent and stationary. Director Northcutt requested clarification on the benefit difference between a regular retirement and an industrial disability retirement. Staff clarified. President Kordes closed Board Comments. The motion passed unanimously.

MODIFICATION TO COMMITTEE STRUCTURE Mr. Yeakley presented staff’s understanding of the committee’s desires for modification and recommended that the board direct staff to begin immediate solicitation of potential members of the community to fill the proposed committee positions and present a list of names to the board no later than March 12, 2009. Staff was directed to complete said recommendations. President Kordes appointed Directors Romano and Zanutto to the Detachment Fund Advisory Committee (DFAC). Both directors agreed to attend the meetings at no cost to the district.

 

FIRST READING OF AN ORDINANCE AMENDING SECTION 1-5-9.E OF THE BEAR VALLEY COMMUNITY SERVICES DISTRICT MUNICIPAL CODE CONCERNING CITIZENS’ COMMITTEES Mr. Yeakley presented staff’s recommendation that the board conduct the first reading of the ordinance and direct staff to proceed with publication of the required public notices. Mr. Enright reviewed changes to the ordinance. Vice President Romano made a motion to read the ordinance by title only and directed staff to proceed with the required public notice. Director Zanutto seconded the motion. The motion passed unanimously.

DISCUSSION REGARDING DIRECTORS PARTICIPATION IN TOWN HALL MEETINGS Mr. Yeakley presented staff’s recommendations that the board decide whether or not they desire to seat representatives on the Town Hall Forum and; whether to name two directors to the forum or direct staff to develop a rotating schedule. President Kordes pointed out to add another committee would cost the district $2,400 annually. Director Northcutt suggested the directors rotate the responsibility on a volunteer basis. Vice President Romano suggested the Town Hall be merged with the Liaison Committee. Director Zanutto stated the Town Hall opens up another forum of communication. President Kordes opened Public Comments. Gary Johnson (3431-164) stated the public is simply asking for answers to questions at the Town Hall. Staff was directed to present a calendar to the board rotating director attendance at the Town Hall meetings, to be attended on a volunteer basis.

APPROVAL OF ADDITION OF CITIZEN MEMBERS TO THE COMMUNICATION COMMITTEE Director Zanutto presented the Communications Committee recommendation to have Mr. Neill D. Hicks and Mr. William F. Marquardt added to the committee. President Kordes appointed both gentlemen to the committee. Staff was directed to inform Mr. Hicks and Mr. Marquardt of their appointments.

VEHICLE POLICY ANALYSIS Mr. Yeakley presented cost summaries by the Superintendent of Public Works and the Chief of Police along with a report from the September 11, 2008 regular board meeting. The information was discussed. Director Northcutt stated he would like more time to digest the information. Vice President Romano requested information on a disabled officer. Director Zanutto calculated the cost of 125,000 miles driven outside of the valley. President Kordes mentioned some of the vehicles were part of the compensation package for the Chief of Police, Superintendent of Public Works and General Manager. Director Northcutt stated personal use of a vehicle is rarely included in a compensation package. President Kordes opened Public Comments. Mr. Mihelich stated the officers work 36 hour weeks meaning the vehicle is left sitting idle for 75% of the time. Staff clarified safety employees work a total of 80 hours in a two week period with some overtime as needed. Gil Grace (3430-450) referred to the portion of the CSD’s mission statement, “The district is committed to ensuring, in the most efficient an economical way, the high quality services that the residents of Bear Valley Springs enjoy and expect.” Mr. Grace stated the mission statement is on the CSD website. Mr. Johnson asked what is the district’s liability if an employee injures someone in a district car? President Kordes stated the opposite side of the issue is the liability of a district employee responding to a call in their personal vehicle. Mr. Enright stated the district needs to look at the restrictions set by the insurance company. Vice President Romano pointed out the time delay officers would have in responding to a call if they are not already in their own police cars. Chief Freeman reviewed the delay and risk to officer and citizen safety. Director Northcutt asked about mutual aid. Director Zanutto stated officers in Rosamond take home their cars, but pay for their fuel. No action was taken.

MID-YEAR BUDGET REVIEW AND ADOPTION OF RESOLUTION AMENDING FISCAL YEAR 2008-09 BUDGET Mr. Hernandez presented staff’s recommendation that the board adopt a resolution amending the fiscal year 2008-09 budget by $15,000 to cover violations with the California Regional Water Quality Control Board. President Kordes opened Board Comments. Director Northcutt asked for clarification on the violations. Mr. Yeakley stated these are the same violations he mentioned in the last board meeting. Mr. Yeakley had hoped the violations would be reduced from $24,000 to zero but the minimum fine per offense is $3,000. President Kordes closed Board Comments. Mr. Hernandez also referred to a 33% rate increase by Benz. President Kordes opened Public Comments. Ralph Kermode (3417-177) asked for clarification regarding Benz’ rate increase. Staff presented further details. President Kordes closed Public Comments. Director Zanutto made a motion to adopt the resolution. Vice President Romano seconded the motion. The motion passed unanimously.

STAFF REPORTS

Public Works Status Report –Clint Stewart reported that the public works crew has been busy with snow, ice and a couple of water leaks this month. Meter reading was difficult due to snow and ice causing many water bills to be estimated. The Public Works building was delivered. Vice President Romano mentioned he saw in the warrants money paid for a paving contract. Mr. Stewart reported the manure collection area was paved and would be ready for use once the weather cleared.

MTBE Status Report – Mr. Yeakley reported that the Chevron Station site was now closed. Bear Valley has successfully had both sites removed from the MTBE list. The Cummings Valley site is still of concern. The plume has not changed in size or shape.

Financial Report – Rudy Hernandez presented a written report.

COMMITTEE REPORTS

Finance Committee – Vice President Romano presented the written Finance Committee Minutes. The next meeting was set for February 19, 2009 at 10 a.m.

Infrastructure Committee – Vice President Romano presented the written Infrastructure Committee Minutes. The next meeting date was set for February 19, 2009 at 9 a.m.

Liaison Committee –President Kordes presented the written Liaison Committee Minutes. The next meeting was set for February 17, 2009 at 9 a.m.

Communications Committee – Director Zanutto presented the written Communications Committee Minutes of January 20 and February 10, 2009. The next meeting was set for March 10, 2009 at 10 a.m.

Administration Committee – President Kordes presented the written Administration Committee Minutes. The next meeting was set for February 17, 2009 at 1:30 p.m.

Public Safety –President Kordes presented the written Public Safety Committee Minutes. The next meeting was set for February 17, 2009 at 11:00 a.m.

TWAPC- Director Samuels presented the Water Availability Preservation Committee Minutes for February 12, 2009. The next meeting was set for March 12, 2009 at 10 a.m.

Director Romano asked to revisit item 4-I and asked that the BVSA/CSD discuss putting a handrail on the opposite side of the walkway at the next Liaison Committee meeting.

President Kordes adjourned the meeting at 9:04 p.m.

 

APPROVED:

________________________________________

Eldon Kordes, President

Bear Valley Community Services District

 

ATTEST:

_____________________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District

 

 

 

 

 

 

 

 

BEAR VALLEY

COMMUNITY SERVICES DISTRICT

MINUTES FROM 8 JANUARY 2009

BOARD OF DIRECTORS REGULAR MEETING

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened the Regular Board Meeting at 6:00 p.m. on January 8, 2009 at the CSD offices. President Don Kordes called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

PLEDGE OF ALLEGIANCE:

President Don Kordes led those present in the Pledge of Allegiance.

ROLL CALL:

The following were present: President Don Kordes; Vice President Al Romano; Directors Rob Northcutt, Ron Samuels and Rick Zanutto. Also present were John Yeakley, General Manager; Terry Freeman, Chief of Police; Rudy Hernandez, Finance Director; and Sandy Janzen, District Secretary.

CONSENT CALENDAR:

President Kordes presented the Consent Calendar and opened Board Comments. Director Zanutto asked that item 4-E be pulled from the Consent Calendar for Chief Freeman to review in detail. Director Zanutto also made a correction to the minutes under Board Comments Vice President Kordes was wrongly referred to as Vice President Sheppard; and clarified the agenda reference to November salaries should have stated December. Vice President Romano had staff clarify the medical insurance expenses. Director Northcutt requested clarification as to why the invoices from the Utility Services Company vary from month to month. Mr. Yeakley stated the difference appeared to be the quarterly inspection charges for some tanks. Mr. Yeakley also stated he would further examine the contract. Vice President Romano made a motion to adopt the Consent Calendar except for 4-E. Director Zanutto seconded the motion. The motion passed unanimously. It was resolved to:

Accept the minutes of the December 11, 2008 regular board meetings as submitted.

Accept the Treasurer’s monthly report for December 2008 as submitted.

Approve the pre-issue and regular warrants as listed in the registers dated January 5, 2009 in the amounts of $68,261.58 and $89,767.30. December salaries and benefits totaled $250,814.68.

Accept the Expense Report as submitted.

Accept monthly report on Strategic Planning Objectives as submitted.

Approve quarterly report of district overtime.

Accept uncollectible debt report.

Approve BVSA project for event sign for Oak Tree Tennis Club.

Item 4-E was reported on by the Chief of Police and accepted by the Board.

PUBLIC COMMENTS

President Kordes opened Public Comments.

John Mihelich (3557-174) District Expenditures: Mr. Mihelich stated he was pleased the board is questioning items on the consent calendar. Mr. Mihelich stated the contract for the tank refurbishment needs to be tightened up and would like a citizens group formed to look at expenditure patterns before the budget process. Mr. Mihelich mentioned an inventory system, the Houston Group, legal costs, software maintenance; timecard maintenance, and the duplication of both a landline and cell phones at the wastewater treatment plant as well as Sparkletts water service. President Kordes closed Public Comments.

BOARD COMMENTS

President Kordes opened Board Comments. Director Zanutto stated he had received many positive comments from the community regarding the road crew’s snow removal. Director Northcutt stated he would like another copy of the written reports regarding the ACWA conference. President Kordes closed Board Comments.

URGENT ITEM Mr. Yeakley presented staff’s recommendation that the board vote to add an item of an urgent nature to the agenda and advised the board that if they passed a motion with a two-thirds vote the equestrian easement could be included on the agenda as item 11a. Director Northcutt made a motion to add the item of urgent nature to the agenda. Director Zanutto seconded the motion. The motion passed unanimously.

REQUEST FOR RELIEF FROM HIGH WATER BILL ICO: MR. CLIFF WARD (3431-158) Mr. Yeakley presented staff’s recommendation that the board deny Mr. Ward’s request for relief from two high water billings stating that there appeared to be no negligence or negative action on the part of the district. Vice President Romano made a motion to deny the request for relief. Director Samuels seconded the motion. President Kordes opened board comments. Director Zanutto asked for clarification regarding the refuse and late fees. Mr. Yeakley provided clarification. President Kordes closed Board Comments. The motion passed unanimously.

DISCUSSION OF ANNUAL STRATEGIC PLANNING SESSION Mr. Yeakley advised the board that the Strategic Planning Session was currently scheduled for January 24, 2009 at 10 a.m. It was planned not to use a professional facilitator, and the session could either be conducted at the OTCC (bar) or the CSD board room. The Administration Committee discussed the following potential projects: acquisition of lot 11; committee assignments and composition; vehicle assignment policy; police department funding and manning; public relations and community involvement; future gate funding; water conservation and future road repair funding; district plan for dealing with potential decreases in property tax revenues. Mr. Yeakley reported that the Administration Committee was also including a "public workshop" on the agenda of the January 20, 2009 (1:30 p.m.) meeting so that the public would have the opportunity to suggest items for discussion. Vice President Romano requested the board also look into acquisition of lot 9 and stated he preferred the Strategic Planning Session be held at the CSD. President Kordes and Director Northcutt agreed the session could be held at the CSD. The session will adjourn for lunch and reconvene following lunch.

SECOND READING AND ADOPTION OF AN ORDINANCE FOR REPEAL AND REPLACEMENT OF DISTRICT CODE Mr. Yeakley presented staff’s recommendation that the board conduct the second reading by title only of an ordinance for repeal and replacement of the district code. Vice President Romano made a motion to adopt the ordinance. Director Zanutto seconded the motion. The motion passed unanimously. President Kordes opened Public Comments. Terry Quinn (3440-398) stated he could not open the district code when he went to the website. Staff stated they would look into it. John Mihelich stated he would like a copy of the changes. Staff stated a copy would be provided. President Kordes closed Public Comments. The motion passed unanimously.

DISCUSSION REGARDING DIRECTORS ATTENDING TOWN HALL MEETINGS Mr. Yeakley presented staff’s recommendation that the board determine whether or not its desire was to add the Town Hall meetings to its list of committees. President Kordes stated he would like the item discussed further at the Strategic Planning Session. Vice President Romano suggested the Town Hall meeting be replaced by the BVSA/CSD Liaison Committee meeting. Director Northcutt clarified with staff that the committee would have to be added as an official meeting to the district code. Mr. Yeakley stated yes. Director Zanutto stated he would like to see it become an extension of the Liaison Committee. Mr. Yeakley stated his opinion that the BVSA likes the free flow of the Town Hall format. Director Northcutt suggested members rotate and share the responsibility of the meeting. President Kordes suggested one director go as a volunteer in an unofficial capacity. Staff was directed to add the item to the Strategic Planning Session and the Liaison Committee agendas. President Kordes opened Public Comments. Terry Quinn asked if the CSD would be sending a representative to the Detachment Fund Advisory Committee on January 13, 2009. Mr. Yeakley answered a staff member would be present.

PROPOSED EASEMENT ON 26951 OAKFLAT DRIVE Mr. Yeakley presented staff’s recommendation that the board adopt a motion to accept the proposed equestrian easement on 26951 Oakflat Drive (3435-116). Vice President Romano made a motion to accept the easement. Director Samuels seconded the motion. The motion passed unanimously.

MID-YEAR BUDGET REVIEW AND ADOPTION OF A RESOLUTION AMENDING BUDGET Mr. Yeakley presented staff’s recommendation that the board direct staff to present this item at the February 12, 2009 regular board meeting, due to a combination of a new Director of Finance, the holidays and difficult weather. Director Zanutto made a motion to table the item to the next regular board meeting. Vice President Romano seconded the motion. The motion passed unanimously.

STAFF REPORTS

Financial Report – Rudy Hernandez presented a written report.

Public Works Status Report –Clint Stewart presented a written report. Director Zanutto asked if a Hazardous Waste bin could be added to the transfer station. Mr. Stewart explained a change in permits would be needed that would be cost prohibitive. Mr. Stewart stated the county has collection days in town but will not come to the smaller communities. Director Northcutt asked for a report regarding the ratio of Bear Valley to Cummings Valley water being used be included in the Public Works Report. Phil Darling asked the Chief of Police how the emergency generator worked during the power outages. Chief Freeman stated the generator worked great.

MTBE Status Report – Mr. Yeakley reported that extractions will continue at CCI. One more set of tests are expected at the Chevron Station in the hopes of being able to close the site.

COMMITTEE REPORTS

Finance Committee – Vice President Romano presented the written Finance Committee Minutes. The next meeting was set for January 15, 2009 at 10 a.m.

Infrastructure Committee – Vice President Romano presented the written Infrastructure Committee Minutes. The next meeting date was set for January 15, 2009 at 11 a.m.

Liaison Committee –President Kordes presented the written Liaison Committee Minutes. The next meeting was set for January 27, 2009 at 9 a.m.

Communications Committee – Director Zanutto presented the written Communications Committee Minutes. The next meeting was set for January 20, 2009 at 10 a.m.

Administration Committee – President Kordes presented the written Administration Committee Minutes. The next meeting was set for January 20, 2009 at 1:30 p.m.

Public Safety –President Kordes presented the written Public Safety Committee Minutes. The next meeting was set for January 20, 2009 at 11:00 a.m.

TWAPC- Director Samuels presented the Water Availability Preservation Committee Minutes for January 8, 2009. The next meeting was set for February 12, 2009 at 10 a.m.

President Kordes adjourned the meeting at 7:34 p.m.

 

APPROVED:

________________________________________

Eldon Kordes, President

Bear Valley Community Services District

 

ATTEST:

_____________________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District

 

 

 

 

BEAR VALLEY COMMUNITY SERVICES DISTRICT

MINUTES FROM 24 JANUARY 2009

BOARD OF DIRECTORS STRATEGIC PLANNING SESSION

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened a Strategic Planning Session 10:00 a.m. on January 24, 2009 at the CSD offices. President Don Kordes called the session to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

ROLL CALL:

The following were present: President Don Kordes, Vice President Al Romano, Directors Rob Northcutt, Ron Samuels and Rick Zanutto, Legal Counsel Pat Enright, General Manager John Yeakley, Chief of Police Terry Freeman, Treasurer and Finance Director Rudy Hernandez, Superintendent of Public Works Clint Stewart and District Secretary Sandy Janzen.

APPROVAL OF PREPAYMENT OF MATERIAL COST FOR PUBLIC WORKS STORAGE BUILDING Mr. Yeakley presented GM Building Inc.’s request to be paid $48,856.50 prior to a February delivery of materials. This would allow the contractor to have a certified check available to pay the driver for materials upon delivery without having to secure financing. After extensive conversation, legal counsel, staff and the board were more comfortable with providing a certified check from the district to the driver for the actual materials to be delivered February 4, 2009, and a second check to the contractor for the difference. Director Northcutt made a motion to issue two checks – one to the contractor and one to the material supplier. Vice President Romano seconded the motion. The motion passed unanimously.

STRATEGIC PLANNING SESSION:

Mr. Yeakley served as the Strategic Planning Facilitator and started the session by taking Public Comments.

Elliot Oseas (3430-252) stated the Post Office is an amenity and believes the CSD should enter into a discussion with the BVSA about taking over or helping with the operation. Mr. Oseas stated the Post Office was worth more than $12 per lot. Mr. Oseas also addressed gate operations and his hopes that the gate tax would continue to cover operations – another area he believes the BVSA could be called into help with costs.

Mr. Yeakley presented current CSDA’s Special District Leadership Academy schedule stating the Assistant General Manager, Finance Director and Public Works Superintendent would be signed up for the Leadership Academy. Director Northcutt stated he would like to see training spread out to save the district money. Assistant General Manager Sandy Janzen explained the insurance discounts given by SDRMA for attending such workshops help offset the costs.

REVIEW CURRENT STRATEGIC PLANNING OBJECTIVES REPORT AND FORMAT The overall format was examined and approved. It was agreed to remove the completed items and continue with the existing format. Individual items were discussed: development of Well #6, nitrate levels in Cummings Valley, a prioritized facility deficiency list by end of fiscal year, the Whiting Center not meeting earthquake standards, detachment funds being used to retrofit existing buildings to current safety standards, and updating the police manual by December of 2009 with the help of a consultant used by the City of Tehachapi.

COMMITTEE ASSIGNMENT/COMPOSITION It was determined to keep the current six committees and that the board could participate in the Town Hall Meetings and the BVSA Detachment Fund Advisory Committee as long as a basic agenda is posted. The district code allows for the president to appoint members of the public to committees. Director Northcutt stated the next step would be for each committee to determine the public volunteers’ role on the committee from start to finish with a specific agenda, defining instructions for the committee and submit a package to the board. Vice President Romano would prefer the Town Hall Meeting and the Liaison Committee merge into one. It was also determined that volunteer members on the committee could not be allowed into closed sessions. The item is to be placed on the next regular board meeting agenda.

POLICE DEPARTMENT FUNDING/MANNING Mr. Yeakley reviewed the current policy of one officer per thousand residents plus the Chief and one four wheel drive vehicle per officer. Chief Freeman explained that the COPS grant could be used to hire an additional officer (supplemental to the force), but could not be used to pay current officer salaries. COPS grant funds can only be used to "enhance" the department – not pay for the police department as is. Director Northcutt asked if the grant could be used for training. The answer was no unless it was training for a new officer. Director Northcutt stated he would like to review the expenses. Chief Freeman reviewed the specific requirements of the Homeland Security Grant. Director Zanutto requested the department continue to pursue grants but questioned the vehicle take home policy. All officers live within 8 miles of the station. The board agreed they would like to continue with the current funding/manning. President Kordes suggested the department work with the Communications Committee to build public awareness and relations. Chief Freeman stated he would be working with clubs, would be holding another open house and is developing a department website.

DISTRICT VEHICLE ASSIGNMENT POLICY Mr. Yeakley reviewed the employees covered by the district vehicle policy: General Manager, Chief of Police, Public Works Superintendent, Police Officers, and Public Works Supervisors. Director Northcutt stated he did not believe any personal use of a district vehicle should be allowed and suggested that as a person changes positions the board re-evaluate whether the position needs a vehicle. Director Zanutto pointed out that an annual total of 125,000 miles were driven outside the valley. Finance Director Rudy Hernandez was directed to present a current vehicle policy analysis at the next regular board meeting.

FUTURE ROAD REPAIR FUNDING Mr. Yeakley reviewed the short fall Proposition 218 has left the Road Fund in. He explained there is approximately 1 million dollars in reserves. One road project will deplete the fund. Mr. Yeakley recommended that the board consider hiring a consultant to help the district determine how best to attempt the passage of a road tax. Staff was directed to place finding a consultant on the strategic plan by May. Director Zanutto stated there are consultants that only charge if they are successful. Vice President Romano stated all road contracts should be put on hold.

ACQUISITION OF LOTS 9 AND 11 Mr. Yeakley stated Cub Lake is currently 25.4 acres, by adding Lots 9 and 10 the acreage would expand to 85. Mr. Yeakley stated neither owner is particularly interested in selling their lots, and the cost is estimated to run just over $500,000. Eminent domain could be initiated – but is not recommended. The BVSA Detachment Fund Advisory Committee is not particular enthused with purchasing the lots at this time. Vice President Romano believes the CSD should consider purchase of the lots for safety reasons, providing more parking and a buffer during large events such as 4th of July. Director Samuels would like to pursue acquisition of lots 9 and 11. Director Northcutt stated he is not excited about spending $500,000 right now and does not believe anyone is going to build on the properties at this time. There is the possibility of renting the lots during special events. Director Zanutto suggested the CSD use the undeveloped land it already owns across the street for future park needs. The board decided to look at this item again in six months.

FUTURE POST OFFICE OPERATION AND FUNDING Alternatives to save an annual deficit of $38,000 were discussed as well as packages being left at the post office in violation with the postal contract.

WATER CONSERVATION Mr. Yeakley stated the CSD office could serve as an example of water conservation to the residents but the board must determine what they would like done. Clint Stewart stated he received an estimate for $102,000 but stated rocks could be used with far less plants to cut back on water and maintenance. During a public workshop one resident requested the CSD collect rainwater as a public demonstration and present a grey water system. President Kordes stated the landscaping should be nice but not showy and mentioned that the cost of maintenance continues to increase. Staff will bring a plan to the board for an inexpensive yet attractive CSD landscape along with new grounds keepers. Director Zanutto suggested 9 million gallons of water be saved each year in 4 Island Lake instead of running down Sycamore Canyon. Mr. Yeakley stated he and Mr. Stewart are working on this regulatory issues. Staff plans to have a proposal from an engineering company for a new NPDES permit in 3 months.

GATE OPERATIONS/RECONFIGURATION/FUTURE FUNDING Legal counsel will look into the option of charging for the biannual vehicle sticker.

PUBLIC RELATIONS/COMMUNITY INVOLVEMENT The CSD is to continue its work with Bear Tracks, newspapers, talk with groups, website, open houses, facility tours, Town Hall meetings, work with committee volunteers.

DEALING WITH POTENTIAL DECREASE IN PROPERTY TAX REVENUES With foreclosures and assessed property values decreasing the board determined it would be best to have the Finance Committee examine ways to cut expenses and increase income. An Ad Hoc Citizen’s Committee was suggested.

BENEFICIAL SUGGESTION PROGRAM Mr. Yeakley and Director Zanutto explained how the program works. An employee makes a suggestion of how to save the district money and receives a percentage on the money saved or some type of reward. Staff was directed to come back to the board within two months with a policy for adoption.

MISCELLANEOUS INFRASTRUCTURE POLICY ISSUES Drainage easements were defined as easements to keep water flowing. The CSD cannot have a recycling area due to current permits. Water meters are marked with a T-post. The T-posts are not in compliance with the C&Rs and may be a hazard to horses. Clint Stewart was directed to look into the cost of replacing the T-posts. Mr. Yeakley stated he would look into the removal of the old Country Cable equipment boxes.

OTHER ISSUES/OPEN DISCUSSION/MISCELLANEOUS CONCERNS Director Zanutto thanked everyone for their time.

President Kordes adjourned the meeting at 5:59 p.m.

 

APPROVED:

__________________________________

Don Kordes, President

Bear Valley Community Services District

 

 

 

ATTEST:

_______________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District

 

 

 

BEAR VALLEY

COMMUNITY SERVICES DISTRICT

MINUTES FROM 11 DECEMBER 2008

BOARD OF DIRECTORS REGULAR MEETING

 

CALL TO ORDER:

The Board of Directors of the Bear Valley Community Services District convened the Regular Board Meeting at 6:00 p.m. on December 11, 2008 at the CSD offices. Vice President Don Kordes called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.

PLEDGE OF ALLEGIANCE:

Vice President Don Kordes led those present in the Pledge of Allegiance.

ROLL CALL:

The following were present: Vice President Don Kordes; Directors Rob Northcutt, Al Romano, Ron Samuels and Rick Zanutto. Also present were John Yeakley, General Manager; Terry Freeman, Chief of Police; Rudy Hernandez, Finance Director; and Sandy Janzen, District Secretary.

CONSENT CALENDAR:

Vice President Kordes presented the Consent Calendar and opened Board Comments. Director Northcutt requested information on item 4-C 022067. Mr. Yeakley stated the invoice was labeled tank recoating, but the contract is paid in two parts and is currently in the inspection/maintenance phase. Recoating will occur as required. Director Zanutto asked if page 6 of 4-C listed the last payment for Well 34. Mr. Yeakley stated we would research this and get back to Director Zanutto. Director Zanutto made a motion to adopt the Consent Calendar. Director Samuels seconded the motion. The motion passed unanimously. It was resolved to:

Accept the minutes of the November 13 and November 21, 2008 regular board meetings as submitted.

Accept the Treasurer’s monthly report for November 2008 as submitted.

Approve the pre-issue and regular warrants as listed in the registers dated December 10, 2008 in the amounts of $153,371.27 and $201,584.01. November salaries and benefits totaled $245,727.48.

Accept the Expense Report as submitted.

Accept the Police Monthly Activity Report (Summary).

Accept monthly report on Strategic Planning Objectives as submitted.

Approve grant of easement on district owned property (2653-2) as submitted.

Accept easement on PM 9064-4.

Approve BVSA project for installation of splash shield on Four Island lake Impoundment Structure as submitted.

PUBLIC COMMENTS

Vice President Kordes opened Public Comments.

Bill Mason (3461-253) Water Rate Structure: Mr. Mason reminded the board that he gave a presentation on October 9, 2008 outlining three different components to the water rate structure. Mr. Mason believes this is unresolved and would like to volunteer to work with the board on a solution. Director Zanutto advised staff to place this item on the Finance Committee agenda.

John Bryant (2392-001) Road Sealant: Mr. Bryant referred to the recent road sealing as a topical paint job and stated there are large areas where the roads are failing. Director Romano stated aligatoring is occurring due to poor road base in certain areas.

Dan Shobe (3461-220) Road Maintenance Reserves: Mr. Shobe asked what money was currently in the road reserves to handle current road conditions. Mr. Yeakley answered that while there is currently one million dollars in reserves, revenues have remained flat as costs have continued to escalate. Prop 215 has kept the road assessment at $340 per lot and requires a 2/3 voter approval for a tax increase.

Ralph Kermode (3417-177) Road Tax: Mr. Kermode asked if the board’s plan was to get the information out to the public or wait until the roads get too bad.

Bill Mason (3461-253) Roads: Mr. Mason stated property tax money used on a "Cadillac" police force could be used for "Chevy" roads. Vice President Kordes stated the board is looking into all alternatives. Mr. Yeakley stated that because the CSD provides public safety, we will be more likely to hold onto our property tax dollars during the state’s economic crunch.

Gil Grace (3430-450) Redirection of CSD Funds: Mr. Grace stated that directors and staff need to reduce costs if they expect residents to pass a measure to increase road funds.

Dale Schrock (3417-258) Roads: Mr. Schrock stated the road sealant was not a good use of funds.

John Martin (3461-329) Roads: Mr. Martin stated the sealant project was beneficial to the roads and that there is $1 million dollars in the road fund that is intended for a paving project in the summer of 2009.

Vice President Kordes closed Public Comments.

BOARD COMMENTS

Vice President Kordes opened Board Comments. Director Zanutto thanked Bob Sheppard and Phil Darling for their years of service to the Bear Valley community. Vice President Kordes gave an oral report regarding the ACWA conference and provided a PowerPoint presentation regarding water rates. Director Romano also gave a brief ACWA report regarding conservation. Director Zanutto asked John Martin if the Tehachapi Cummings Water District would be receiving their full allotment of water in 2009. Mr. Martin answered they expected to receive only 15%. Vice President Kordes closed Board Comments.

ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED DIRECTORS Mr. Yeakley presented staff’s recommendation that the district secretary conduct a public swearing in ceremony for the two new board members. Both Rob Northcutt and Rick Zanutto were sworn in by Sandy Janzen. Their official tenure on the board began at noon December 5, 2008 and they were officially sworn on December 8, 2008.

ELECTION OF BOARD OFFICERS Vice President Kordes turned control of the board meeting over to Mr. Yeakley for purposes of conducting the board election. Mr. Yeakley accepted nominations for Board President. Director Samuels nominated Vice President Kordes for President. Director Romano seconded the nomination. Director Northcutt nominated Director Zanutto for President. Director Zanutto seconded the nomination.

Mr. Yeakley called for the vote all in favor of Vice President Kordes for President: Ayes: Kordes, Romano, Samuels. All in favor of Director Zanutto for President: Ayes: Northcutt, Zanutto. Mr. Yeakley named Don Kordes as President. Mr. Yeakley accepted nominations for Vice President. Director Northcutt nominated Al Romano for Vice President. Director Samuels seconded the nomination. Director Romano was unanimously elected Vice President. Mr. Yeakley called for nominations for Board Secretary. Vice President Romano nominated Sandy Janzen as Board Secretary. Director Zanutto seconded the nomination. Sandy Janzen was unanimously elected Board Secretary. Mr. Yeakley called for nominations for Treasurer. Director Zanutto nominated Rudy Hernandez. Director Northcutt seconded the nomination. Rudy Hernandez was unanimously elected Treasurer. Mr. Yeakley congratulated all and turned the meeting back over to President Kordes.

COMMITTEE ASSIGNMENTS President Kordes made the following committee assignments: FINANCE: Al Romano, Chair & Ron Northcutt; INFRASTRUCTURE: Al Romano, Chair & Ron Samuels; COMMUNICATIONS: Rick Zanutto, Chair & Ron Samuels; ADMINISTRATION: Don Kordes, Chair & Rick Zanutto; PUBLIC SAFETY: Don Kordes, Chair & Rob Northcutt; LIAISON: Don Kordes, Chair & Al Romano. Director Zanutto discussed his desire to include members of the public on each committee. President Kordes stated this could be discussed at the committee level and advertised to the community. Director Northcutt stated there is a difference in an open meeting and being part of the committee. Director Zanutto stated in order to become transparent the community must be involved. Director Samuels stated the meetings have always been open and transparent. Vice President Romano wished Zanutto luck in getting the public more involved. Ralph Kermode (3417-177) wanted to know when members of the public might be able to be on a committee. President Kordes stated it probably would not be before February. Fred Davis encouraged the board to let The Cub know when they wanted to inform the public of any changes to the committee format. Bill Mason (3461-253) stated community involved was a great idea but it would take changes to the district code. Mr. Yeakley read the district code and stated no changes would be necessary.

APPROVE ADDITION OF NEW DIRECTORS AND STAFF TO BANK CHECK SIGNING CARD Mr. Yeakley presented staff’s recommendation that the board approve the addition of Finance Director Rudy Hernandez, Assistant General Manager Sandy Janzen, Directors Rob Northcutt and Rick Zanutto to the Bank of the West check signing accounts. Staff also recommended that Phil Darling, John Martin and Bob Sheppard be removed from the Bank of the West check signing card. Vice President Romano made a motion to adopted staff’s recommendations as submitted. Director Samuels seconded the motion. The motion passed unanimously.

ADOPTION OF A RESOLUTION ACKNOWLEDGING SERVICE AS A PAST BOARD DIRECTOR FOR MR. BOB SHEPPARD Mr. Yeakley presented a resolution commending Robert T. Sheppard for his years of service as a member of the Board of Directors for the Bear Valley CSD. Director Zanutto made a motion to adopt the resolution. Director Northcutt seconded the motion. The motion passed unanimously. The resolution was signed by the district secretary and President Kordes and presented to Bob Sheppard.

ADOPTION OF A RESOLUTION ACKNOWLEDGING SERVICE AS A PAST BOARD DIRECTOR FOR MR. PHIL DARLING Mr. Yeakley presented a resolution commending Phil Darling for his years of service as a member of the Board of Directors for the Bear Valley CSD. Vice President Romano made a motion to adopt the resolution. Director Samuels seconded the motion. The motion passed unanimously.

SCHEDULING OF ANNUAL STRATEGIC PLANNING SESSION Mr. Yeakley presented staff’s recommendation that the board decide whether or not it desired an annual strategic planning session for 2009 and if it did to advise staff regarding preferred schedule and format. Vice President Romano stated the Strategic Planning Session had been a useful tool and worked well without a facilitator. Director Northcutt stated it would be best not to tag it onto another meeting and that it may be best on a Saturday or on an evening when working members of the community might be able to attend. Dan Shobe asked it the session was open to the public. Mr. Yeakley answered yes, but stated that the format is such that the public questions are held until the end of the session. The session was scheduled for January 24th at 8 a.m. It was decided that Mr. Yeakley will serve as the facilitator.

ANNUAL APPOINTMENT OF MEMBERS TO THE DISASTER COUNCIL Mr. Yeakley presented staff’s recommendation that the board name five regular members to the disaster council and two alternates. President Kordes made a motion to adopt staff’s recommendation. Vice President Romano seconded the motion. The motion passed unanimously.

RESCHEDULING OF DECEMBER 25, 2008 REGULAR BOARD MEETING Mr. Yeakley presented staff’s recommendation that the regular board meeting scheduled for December 25, 2008 at 6 p.m. be cancelled and that staff be directed to arrange for a special board meeting should the need arise. Vice President Romano made a motion to adopt staff’s recommendation. Director Northcutt seconded the motion. The motion passed unanimously.

SECOND READING AND ADOPTION OF AN ORDINANCE FOR REPEAL AND REPLACEMENT OF DISTRICT CODE Mr. Yeakley presented staff’s recommendation that the item be tabled until the next regular (or special) board meeting due to a publication error on the part of the Tehachapi News. The item was tabled.

ANNUAL REPORT RE: WATER AND WASTEWATER CAPACITY CHARGES Mr. Hernandez presented two written reports. No action was taken.

REQUEST FOR RELIEF FROM HIGH WATER BILLING ICO: MS. GILLIAN CAINE (PM 2700-001) Mr. Yeakley presented staff’s recommendation that the board deny Ms. Caine’s request for relief. President Kordes confirmed that the water went through Ms. Caine’s meter and that the meter was working properly. Vice President Romano made a motion to deny the request. Director Zanutto questioned if Ms. Caine could make payments. Staff answered yes. Director Zanutto seconded the motion. The motion passed unanimously.

REPORT REGARDING CIVIL LIABILITY COMPLAINT R5-2008-0618 FOR ASSESSMENT OF PENALTIES CONNECTED WITH OPERATION OF DISTRICT WASTEWATER TREATMENT FACILITY Mr. Yeakley reported that the district had been cited by the California Regional Water Quality Control Board for a series of violations alleged to have happened approximately four years ago. Staff reported success in reducing the fine from $24,000 to $15,000 and reported continued effort to have the fines reduced (or dismissed).

STAFF REPORTS

Public Works Status Report –Mr. Yeakley presented Clint Stewart’s written report.

MTBE Status Report – Mr. Yeakley reported that extractions were online at CCI.

Financial Reports – There was no financial report.

COMMITTEE REPORTS

Finance Committee – There were no minutes to present.

Infrastructure Committee – President Kordes presented the written Infrastructure Committee Minutes. The next meeting date was set for December 16, 2008 at 1:30 p.m.

Liaison Committee –President Kordes presented the written Liaison Committee Minutes. The next meeting was set for December 16, 2008 at 9 a.m.

Communications Committee – Vice President Romano presented the written Communications Committee Minutes. The next meeting was set for December 16, 2008 at 9 a.m.

Administration Committee – There were no minutes to present.

Public Safety –President Kordes presented the written Public Safety Committee Minutes. The next meeting was set for December 18, 2008 at 10:00 a.m.

TWAPC- Director Samuels presented the Water Availability Preservation Committee Minutes for December 11, 2008. The next meeting was set for January 8, 2009 at 10 a.m.

President Kordes recessed the meeting to the Closed Session at 8:17 p.m.

CLOSED SESSION

A. PUBLIC EMPLOYEE PERFORMANCE REVIEW

TITLE: Assistant General Manager/Secretary to the General Manager

B. ANTICIPATED LITIGATION/INITIATION OF LITIGATION PURSUANT TO SUBDIVISION (C) OF GOVERNMENT CODE SECTION 54956.9 ONE POTENTIAL CASE.

President Kordes reconvened the regular board meeting at 9:02 p.m. President Kordes reported that anticipated litigation was discussed, there was no reportable action taken regarding this item during the closed session.

APPROVAL OF EMPLOYMENT CONTRACT FOR ASSISTANT GENERAL MANAGER Mr. Yeakley reported the Assistant General Manager’s/Secretary to the General Manager’s performance was reviewed in closed session. There were no changes proposed to the draft contract. Vice President Romano made a motion to approve the contract. Director Zanutto seconded the motion. The motion passed unanimously.

ADJOURNMENT

The meeting was adjourned by President Kordes at 9:05 p.m.

 

 

APPROVED:

________________________________________

Eldon Kordes, President

Bear Valley Community Services District

 

ATTEST:

_____________________________________

Sandra L. Janzen, District Secretary

Bear Valley Community Services District