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BEAR VALLEY COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
MINUTES
BEAR VALLEY COMMUNITY SERVICES DISTRICT
MINUTES FROM 8 MARCH 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 8:00 a.m. on March 8, 2008 at the CSD offices. President Bob Sheppard called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.
PLEDGE OF ALLEGIANCE:
President Bob Sheppard led those present in the Pledge of Allegiance.
ROLL CALL:
The following were present: President Bob Sheppard; Vice President Don Kordes; Directors Phil Darling and Ron Samuels. Also present were John Yeakley, General Manager; John Martin, Assistant General Manager; Clint Stewart, Superintendent of Public Works and Sandy Janzen, District Secretary. Director Al Romano was absent.
CONSENT CALENDAR:
President Sheppard presented the Consent Calendar. Director Samuels made a motion to accept the Consent Calendar. Director Darling seconded the motion. There were no Board Comments. President Sheppard opened Public Comments. Carly Morton (3557-188) requested clarification regarding the Water Resources Board appearing on last month’s Consent Calendar. Mr. Martin answered Ms. Morton’s question. Ms. Morton referred to a telephone call she received from staff regarding office supply purchases. President Sheppard added further clarification and closed Public Comments. The motion passed unanimously.
It was resolved to:
Accept the minutes of the January 12, 2008 and February 9, 2008 Regular Board Meetings.
Accept the Treasurer’s monthly report for February 2008 as submitted.
Approve the pre-issue and regular warrants as listed in the registers dated March 4, 2008 and March 6, 2008 in the amounts of $69,550.30 and $145,748.62. February salaries and benefits totaled $380,050.57.
Accept the Expense Report as submitted
Accept the Police Monthly Activity Report (Summary)
Accept Monthly Report on Strategic Planning Objectives
Approve the Budget Calendar for FY 2008/09
Approve the BVSA Minor Construction Project for Carriage Driving Area
Approve Dedicated Equestrian Trail within Lower Valley Road Right-of-Way
PUBLIC COMMENTS
Carly Morton (3557-188) Emergency Personnel at Bear Valley Fire Station
Carly Morton (3557-188) Trash Removal (Hazardous Materials)
Carly Morton (3557-188) Police Department Mobile command Post Trailer
John Mihelich (3557-174) “Why aren’t more people at the meeting?”
John Mihelich (3557-174) Budgets/Legal Expenses
Bill Mason(3461-253) “Detachment:CSD consideration to conduct BVSA Member survey on June ballot as a joint BVSA/CSD survey”
President Sheppard closed Public Comments.
BOARD COMMENTS
President Sheppard opened Board Comments. Mr. Yeakley mentioned that the state has been faced with a budget crisis that could cut into the COPS grant. Mr. Yeakley has sent letters to both Assembly Member Fuller and Senator Ashburn requesting the present COPS program remain intact. Mr. Yeakley also mentioned staff’s request of legislature for a comprehensive water package. Mr. Martin encouraged the public to attend a public hearing Wednesday, March 26, 2008 at 5 p.m. at the Board of Supervisors’ Chambers Bakersfield or address a letter to Kern County LAFCO. Mr. Martin suggested anyone with questions contact the CSD – because LAFCO has such a small staff. Mr. Mihelich mentioned he had already called LAFCO. President Sheppard closed Board Comments.
STARTHISTLE PUBLIC HEARING Mr. Yeakley presented staff’s recommendation that the Board continue the public hearing announced for the March meeting to April 12, 2008 and direct staff to notify the affected property owners of the change in date. The public hearing was continued.
ADOPTION OF A RESOLUTION AMENDING POLICY FOR STATE UNEMPLOYMENT RESERVE FUND Mr. Martin presented staff’s recommendation that the Board adopt a resolution correcting the method of replenishing expenditures from the SUI Reserve Fund. Director Darling made a motion to adopt a resolution amending the policy for the State Unemployment Insurance Reserve Fund. Vice President Kordes seconded the motion. There were no Board Comments. There were no Public Comments. The motion passed. Ayes: Sheppard, Kordes, Darling, Samuels. Noes: None. Abstain: None. Absent: Romano.
ACCEPT AS COMPLETE THE CUMMINGS VALLEY BOOSTER GENERATOR PROJECT Mr. Stewart reported the Cummings Valley Booster Pump Station emergency power generator installation was complete. All operational tests ran smoothly and the generator was placed online. President Sheppard opened Board Comments. Director Samuels thanked both Mr. Yeakley and Mr. Stewart for an excellent job completing this project and saving the district a great deal of money. Mr. Mihelich also made a positive comment to the Board of Directors. President Sheppard closed both the Board and Public Comments. Director Samuels made a motion to accept the Cummings Valley Booster Pump Station Project as complete. Vice President Kordes seconded the motion. The motion passed. Ayes: Sheppard, Kordes, Darling, Samuels. Noes: None. Abstain: None. Absent: Romano.
DISCUSSION RE: TEHACHAPI CUMMINGS COUNTY WATER DISTRICT RATE COMMITTEE PROPOSAL Mr. Martin presented staff’s recommendation that the Board review their letter of December 12, 2005 regarding TCCWD water rates and advise staff as to any changes to that position. After Board and public discussion, staff was advised to generate a letter with the same intent of 2005.
DISCUSSION OF 5-YEAR ASSET REPLACEMENT PLAN Mr. Martin presented staff’s framework for a five-year asset replacement plan for inclusion in the 2008-09 budget. President Sheppard opened the discussion. Director Darling asked staff if reserves were not at the levels they needed to be, what would happen in the event of a disaster? Mr. Martin explained the role of FEMA. The Board was happy with the replacement plan and advised staff to submit it to the auditor and see that it is reviewed annually during the Strategic Planning Session. President Sheppard opened Public Comments. Bill Mason (3461-253) requested maintenance of the CSD recreational buildings be placed on the CSD’s reserves verses the BVSA’s. Mr. Yeakley explained to do so would require a different lease arrangement.
SOLAR POWER ENERGY PROJECT Mr. Martin presented the recommendation of both staff and the Finance Committee to reject the proposal from Green Energy Consultants, LLC and Worldwater & Solar Technologies, Corporation California. President Sheppard opened Board Comments. Vice President Kordes questioned if the ECC had been consulted regarding the solar panels. Director Darling commented on the cost to residents. President Sheppard closed Board Comments and opened Public Comments. Bill Morton agreed with the Board’s comments but stated he believes if the subject comes up again it may be advantageous to purchase a smaller system. President Sheppard closed Public Comments. Director Samuels made a motion to reject the proposal. Director Darling seconded the motion. The motion passed. Ayes: Sheppard, Kordes, Darling, Samuels. Noes: None. Abstain: None. Absent: Romano.
DISCUSSION HIRING A FULL-TIME WATER CONSERVATION COORDINATOR Mr. Martin presented staff’s recommendation that the Board tentatively approve the addition of a full-time water conservation coordinator to the 2008-09 budget to be cost-shared with other agencies. President Sheppard opened Board comments. Director Darling stated the position would require the Board to raise water rates. Staff explained the position may keep the water system from wearing out as quickly and there would be benefits to the Delta with the long term impact of saving the district money. Director Darling directed staff to come back to the Board with a cost breakdown of the long term benefits of such a position. Vice President Kordes expressed water conservation is critical and he does like the concept. President Sheppard also likes the concept but would like to wait on the position and see a contract with other local agencies. President Sheppard closed Board Comments and opened Public Comments. Carly Morton stated management already educates the public regarding conservation. Lois Quinn (3440-398) does not want water rates to go up to pay for a water conservation position. Bill Mason requested information regarding effluent water running down Sycamore Canyon. Mr. Mihelich requested information regarding viable wells within Bear Valley. All questions were answered. Public Comments were closed. The Board referred the item back to the Finance Committee for further investigation into the long term benefits to the District.
ADOPTION OF RESOLUTION COMMITTING ANY PROPERTY TAX REVENUES RECEIVED AS A RESULT OF DETACHMENT FROM TEHACHAPI RECREATION AS A RESULT OF DETACHMENT FROM THE TEHACHAPI RECREATION AND PARK DISTRICT TO PARK AND RECREATION PURPOSES Mr. Yeakley presented staff’s recommendation that the Board adopt a resolution committing any property tax revenues received as a result of detachment from Tehachapi Recreation and Parks District to Park and recreation purposes and direct staff to deliver the resolution to Kern County LAFCO for inclusion in LAFCO Proceeding No. 1526. Director Darling made a motion to adopt staff’s recommendation. Vice President Kordes seconded the motion. President Sheppard opened Boards Comments. Vice President Kordes asked what percentage of property tax would be allocated for park and recreation. Mr. Yeakley answered the first year would be clear-cut. Mr. Martin answered the percentage could change in following years. President Sheppard opened Public Comments. Bill Mason stated the Kern County Auditor will provide a property tax breakdown each year upon request from the CSD. Carly Morton questioned if funds need to be used to build new facilities or maintain existing ones. Mr. Yeakley explained a LAFCO Board will decide which claim is greater Bear Valley’s or Tehachapi’s. The motion passed. Ayes: Sheppard, Kordes, Darling, Samuels. Noes: None. Abstain: None. Absent: Romano.
SELECTION OF FIRM TO PERFORM AUDIT FOR FISCAL YEARS 2007-08 THROUGH 2009-10 Mr. Martin presented staff’s recommendation that the Board accept the proposal from Charles Z. Fedak & Company to perform the annual audit for the next three years. The proposed engagement fee is $25,750 for the first year, $26,750 for the second year and $27,750 for the third year, including the annual preparation of the State Controller’s report and out-of-pocket expenses. Director Darling made a motion to accept Charles Z. Fedak & Company to perform the annual audit for the next three years at the above mentioned prices. Director Samuels seconded the motion. There were no comments. The motion passed. Ayes: Sheppard, Kordes, Darling, Samuels. Noes: None. Abstain: None. Absent: Romano.
STAFF REPORTS
Public Works Status Report –Clint Stewart presented a written report.
MTBE Status Report – No change from prior report.
Financial Reports – Mr. Martin presented a written report.
COMMITTEE REPORTS
Finance Committee – Director Darling presented the Finance Committee Minutes. The next meeting date was set for April 7, 2008 at 1:30 p.m.
Infrastructure Committee – Vice President Kordes presented the Infrastructure Committee Minutes. The next meeting date was set for March 11, 2008 at 1:30 p.m.
Liaison Committee – President Sheppard presented the Liaison Committee Minutes. The next meeting was set for March 11, 2008 at 9 a.m.
Communications Committee – President Sheppard presented the Communications Committee Minutes. The next meeting was set for March 21, 2008 at 10 a.m.
Administration Committee – Director Darling presented the Administration Committee Minutes. The next meeting was set for April 7, 2008 at 4 p.m.
Public Safety – Director Samuels presented the Public Safety Committee Minutes. The next meeting was set for March 11, 2008 at 2:30 p.m.
TWAPC – Director Samuels presented the February 14, 2008 minutes.
ADJOURNMENT
President Sheppard adjourned the meeting at 10:34 a.m.
APPROVED:
________________________________________
Bob Sheppard, President
Bear Valley Community Services District
ATTEST:
_____________________________________
Sandra L. Janzen, District Secretary
Bear Valley Community Services District
BEAR VALLEY COMMUNITY SERVICES DISTRICT
MINUTES FROM 9 FEBRUARY 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 8:00 a.m. on February 9, 2008 at the CSD offices. President Bob Sheppard called the meeting to order and the minutes thereof were recorded by District Secretary Sandy Janzen.
PLEDGE OF ALLEGIANCE:
President Bob Sheppard led those present in the Pledge of Allegiance.
ROLL CALL:
The following were present: President Bob Sheppard; Directors Phil Darling, Al Romano and Ron Samuels. Also present were John Yeakley, General Manager; John Martin, Assistant General Manager; Clint Stewart, Superintendent of Public Works and Sandy Janzen, District Secretary. Vice President Don Kordes was absent.
CONSENT CALENDAR:
President Sheppard presented the Consent Calendar. Director Romano made a motion to accept the Consent Calendar. Director Samuels seconded the motion. President Sheppard opened Board Comments. Director Darling requested that Consent Calendar item 4-A be withdrawn and addressed at the next meeting following the clarification of which director seconded the motion authorizing funds for the purchase of a police department generator. President Sheppard closed Board Comments and opened Public Comments. Carly Morton (3557-188) requested copies of Witt’s invoices; referred to legal charges; Quad Knopf charges and the speed survey. President Sheppard closed Public Comments. The motion passed unanimously.
It was resolved to:
Accept the minutes of the January 12, 2008 Strategic Planning Session.
Accept the Treasurer’s Monthly Report for January 2008 and the Treasurer’s report for the quarter ending December 31, 2007 as submitted.
Approve the pre-issue and regular warrants as listed in the registers dated February 4, 2008 and February 6, 2008 in the amounts of $237,320.50 and $227,027.21. January salaries and benefits totaled $312,659.53.
Accept the Expense Report as submitted
Accept the Police Monthly Activity Report (Summary)
Accept Monthly Report on Strategic Planning Objectives
Approve Annual Report to the Board Regarding Complaints against the Police Department
PUBLIC COMMENTS
There were no Public Comments.
BOARD COMMENTS
President Sheppard opened Board Comments. Director Romano stated the Road crew did an excellent job during the most recent storms. President Sheppard closed Board Comments.
ADOPTION OF A RESOLUTION APPROVING ROAD SPEED SURVEY Mr. Yeakley presented staff’s recommendation that the Board adopt a resolution approving a speed survey setting speed limits at various locations in Bear Valley Springs. Director Darling made a motion to adopt the resolution. Director Romano seconded the motion. President Sheppard opened Board Comments. Director Romano stated that even though he was not happy with the survey, it was necessary tool for police officers to issue tickets. Director Samuels was discouraged that the death of wildlife was not taken into account when setting the speed limits. President Sheppard closed Board Comments and opened Public Comments. Carly Morton stated her opinion that vehicle code 21115 would allow the Board to enforce any speed limit they choose to. President Sheppard stated the Board would look into it. Another resident requested information regarding redefining residential areas. Mr. Yeakley explained the process. Public Comments were closed. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
ADOPTION OF A RESOLUTION IDENTIFYING PROPERTIES AFFECTED WITH STARTHISTLES AND SET A PUBLIC HEARING Mr. Yeakley presented staff’s recommendation that the Board adopt a resolution declaring and ordering the abatement of a public nuisance. Properties were identified on Exhibit A. A public hearing was set for March 8, 2008 during the regular board meeting. Director Samuels made a motion to adopt the resolution. Director Romano seconded the motion. President Sheppard opened Board Comments. Director Romano asked staff if a nominal fee could be charged to property owners receiving the benefits of the district spraying for starthistle. Staff suggested that the administration of such a fee would be costly and provide the district with little or benefit. President Sheppard closed Board Comments. There were no Public Comments. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
ADOPTION OF A RESOLUTION AUTHORIZING A LINE OF CREDIT WITH BANK OF THE WEST FOR CREDIT CARD PURCHASES Mr. Martin presented staff’s recommendation that the Board approve a resolution authorizing a line of credit with Bank of the West for credit card purchases in the amount of $50, 000 ($10,000 per credit card for the five authorized positions pursuant to District Code 1-8-9H: the General Manager, Assistant General Manager, Chief of Police, Superintendent of Public Works and District Secretary). Director Darling made a motion to adopt the resolution. Director Samuels seconded the motion. President Sheppard opened Board Comments. Director Samuels suggested the Directors also be issued district cards for conference expenses. Director Darling stated personal cards are rarely needed. President Sheppard closed Board Comments. There were no Public Comments. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
ANNUAL REVIEW AND APPROVAL OF POLICIES FOR BOARD, PERSONNEL AND SEXUAL HARASSMENT/DISCRIMINATION COMPLAINTS Mr. Yeakley presented staff’s recommendation that the Board review and approve the district’s Board policies, personnel policies and sexual harassment and discrimination policies as specified by District Code 1-5-10. Director Romano made a motion to approve the policies and recommendation of both staff and legal counsel. Director Samuels seconded the motion. There were no Board or Public Comments. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
APPROVAL OF ATTENDANCE AT SPRING ACWA CONFERENCE AND RELATED EXPENSES Mr. Yeakley presented staff’s recommendation that the Board approve attendance of all five Board members at the 2008 ACWA Spring Conference in Monterey. It was also recommended that the Board contact the District Secretary by February 15, 2008 for pre-registration and hotel accommodations. Director Darling made a motion to approve attendance and related expenses of all five directors at the 2008 spring ACWA conference. Director Romano seconded the motion. President Sheppard opened Public Comments. Carly Morton objected to the expense of conferences stating the information was available on the internet. Joe Scarantino discussed the importance of conferences. President Sheppard, Directors Romano, Samuels and Darling along with staff stressed the importance of the interactive process, cutting edge topics and equipment, panel discussions and question and answer sessions. President Sheppard closed both Public and Board Comments. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
ADOPTION OF A RESOLUTION SUPPORTING ADDITION OF BEAR VALLEY CSD TO CALIFORNIA VEHICLE CODE SECTION 22353 Mr. Yeakley presented staff’s recommendation that the board adopt a resolution supporting the addition of the Bear Valley CSD to California Vehicle Code Section 22353 and refer the issue to the Public Safety Committee. Director Darling made a motion to adopt staff’s recommendation. Director Romano seconded the motion. President Sheppard opened Board Comments. President Sheppard stated he was not for the resolution. Director Romano stated that for little cost the resolution could show equestrians the CSD does care about their concerns. Director Darling stated the resolution could give the traffic engineer one more tool in attempting to keep speed limits down. President Sheppard closed Board Comments and opened Public Comments. Carly Morton stated she disagrees with the traffic safety engineer and once again referred to California Vehicle Code 21115. President Sheppard closed Public Comments. The motion passed. Ayes: Sheppard, Darling, Romano, Samuels. Noes: None. Abstain: None. Absent: Kordes.
PRESENTATION BY WORLD WATER AND SOLAR TECHNOLOGIES REGARDING SOLAR POWER PURCHASE AGREEMENT Larry Potischman and John Griffin from Green Energy Consultants, LLC along with David Hakim from Worldwater & Solar Technologies, Corporation presented a written report and spreadsheet to the Board. They answered questions from the board, public and staff. The item was referred to the Finance Committee.
STAFF REPORTS
Public Works Status Report – Public Works Superintendent, Clint Stewart presented a written report.
MTBE Status Report – No change from prior report.
Financial Reports – No report.
COMMITTEE REPORTS
Finance Committee – Director Darling reported the Finance Committee had been delayed until later today due to snow and ice.
Infrastructure Committee – Director Samuels presented the Infrastructure Committee Minutes. The next meeting date was set for February 19, 2008 at 1:30 p.m.
Liaison Committee – President Sheppard presented the Liaison Committee Minutes. The next meeting was set for February 19, 2008 at 9 a.m.
Communications Committee – Director Romano presented the Communications Committee Minutes. The next meeting was set for February 22, 2008 at 10 a.m.
Administration Committee – Director Darling reported the Administration Committee had been delayed until later today due to snow and ice.
Public Safety – Director Samuels presented the Public Safety Committee Minutes. The next meeting was set for February 19, 2008 at 2:30 p.m.
TWAPC – Director Samuels presented the December 13, 2007 minutes.
ADJOURNMENT
President Sheppard adjourned the meeting at 11:00 a.m.
APPROVED:
________________________________________
Bob Sheppard, President
Bear Valley Community Services District
ATTEST:
_____________________________________
Sandra L. Janzen, District Secretary
Bear Valley Community Services District