Wednesday, June 5, 2013

Minutes of the April 2, 2013 Regular Board Meeting



MINUTES OF THE REGULAR MEETING
OF THE BOARD OF DIRECTORS OF THE
IRONHOUSE SANITARY DISTRICT

April 2, 2013

The Ironhouse Sanitary District (ISD) Board of Directors met in regular session on Tuesday, April 2, 2013.

The place of meeting was the Ironhouse Sanitary District Office at 450 Walnut Meadows Drive, Oakley, California. 


1.           Call to Order
The meeting was called to order by President Lauritzen at 7:03 p.m.

2.       Pledge of Allegiance led by Dominic Rosalez

          Roll Call:

Directors present:                David Contreras, David Huerta, Chris Lauritzen, Michael Painter and Doug Scheer
         
          Members absent:                None

Staff/Consultants present:     Tom Williams, General Manager
Jennifer Skrel, District Engineer
                                                Dave Dal Porto, Reclamation, Levee and Ranch Superintendent
                                                Susan Walde, District Secretary
                                                Fred Etzel, District Counsel
                                                Michael Welty, Financial Officer
                                                Joe Mueller, Environmental/Process Compliance Manager

          Interested Parties:               Mike Rosalez, East County Little League
                                                Domonic Rosalez, East County Little League
                                                Susan Morgan, Oakley
                                                Randy Pope, Oakley City Council
                                                Roni Gehlke, Delta Science Center

3.       Approval of Agenda

M/S M. Painter, D. Scheer and the Board voted to approve the agenda.

4.       Approval of the Minutes of the March 5, 2013 Regular Meeting, the March 12, 2013 Special Meeting and the March 12, 2013 Special Workshop Meeting.
Mrs. Walde noted corrections to the minutes; on page 2 first sentence, with changed to which and third paragraph down monitoring changed to monitored.

M/S C. Lauritzen, D. Contreras and the Board voted to approve the minutes of the March 5, 2013 Regular Meeting as changed; the March 12, 2013 Special Meeting and the March 12, 2013 Special Workshop Meeting.


5.       Public Comments – Communications from the public on subjects not on the agenda.
Mr. Mike Rosalez, V.P. of Operations of the East County Little League addressed the Board for support of the local little league.  He is asking the Board for some land for fields to use for year around use of little league activity.  The league is seeking improvements to the current options; they have approximately 750 youth involved and would need the use of eight to ten fields for use for practices, local games and possibly tournaments.   One field is ¾ of an acre and they would be interested in 10 acres. 

Mrs. Susan Morgan spoke to the Board about improvement in public outreach with publicizing the meetings.  She recommended the District model the outreach after the City and possibly post on City website.  She suggested that the District could have an option for interested parties to receive public notices by email.  Mrs. Walde responded that we do have that option and she notices a lengthy list.


6.       Consent Calendar
A.   Approval of Payment Order, Report on Financial Position & Operating
     Performance.
Staff Report – Michael Welty – Utonomy
Mr. Welty reported that the finance committee will meet on April 3rd.  He is working with staff and making good progress on the budget process.
Director Contreras asked about the progress of the caretakers housing and Mr. Williams responded that Mr. Dal Porto will be reporting on the progress. 

M/S M. Painter, D. Scheer, and the Board voted unanimously to approve the consent calendar.


7.       Business Before the Board

7A.     Koff Study Update; Consideration of Accepting Proposed list of Comparator Agencies for the Study Update.
Mr. Williams reported to the Board that he has been working with Mr. Krammer of Koff and Associates to complete the Total compensation Study Update.  A critical component of the study is the list of agencies that ISD will use to compare itself with.  Mr. Williams introduced Mr. Georg Krammer (CEO of Koff and Associates) via a conference call with Board and staff.  The comparators are listed by agencies with similar classifications and services provided, number of employees, budget etc. 
Director Lauritzen asked about the comparisons of flows for districts and cities.
Director Contreras asked about a comparison of classification of plant grade.  He also questioned comparators with household hazardous waste, solid waste, recycled water, etc. 
Mr. Krammer addressed the Board’s questions and stated that it is virtually impossible to find twelve agencies on a close proximity of ISD, with consideration of cost of living and other comparators. 
Michael Welty commented how do you smooth the individual agency differences in an analysis serving twelve agencies including a mix of agencies larger and smaller, and in different cost of living zones and geographic areas in order to normalize the data. 
Director Contreras asked if the agencies financial comparators are strictly from the wastewater portions of the budget and asked how recent the data is.
Mr. Krammer stated the data is as current as his firm can get from the different agencies.  Director Contreras gave an example of an agency that he felt was different than the example of that agency used in the study.  Mr. Krammer offered to contact the agency and update the data.
Director Huerta felt the budgets were not corrected for wastewater only, concerns for FTE’s for solid waste.  He gave an example of the City of Brentwood, includes solid waste transfer station.
Discussion was held on criteria of comparators of agencies and the identifiers which established the criteria for staff and for Koff and Associates to make these decisions based on our current positions which are unique in some positions.
Discussion was held on the plant classification as a good comparator to use and to use an identifying bench mark of operator status as data for use with comparability of agencies. 
President Lauritzen asked the Board if they could approve the list of comparators.  Director Scheer stated he is comfortable with the data.  Director Huerta stated he was not comfortable.  Director Contreras asked to make sure the data is accurate and up to date.
Mr. Williams suggested we call each agency on comparators and verify the FTE’s.
Director Scheer stated the Board would like to see the draft report for review and possible revision before accepting the data.
Directors Painter and Contreras requested the Board to receive a copy of the last study performed in 2006. 
M/S Contreras, Painter and the Board voted to accept list of comparator agencies, reviewing the overall budgets with full time equivalents to determine how we compare to other agencies.  In favor: D. Contreras, C. Lauritzen, M. Painter and D. Scheer.  Opposed:  D. Huerta.


          7B.   Reclamation District 830 Update to ISD Board.
Mr. Williams, President of Reclamation District 830 along with Michael Welty as accountant for RD830 addressed the Board and gave a report on the financial status.  He stated that he plans to have a standing item on the agenda each month to report RD830 activity.
RD830 will be meeting the third Tuesday of every other month.  The RD830 meetings will have Engineers, Trustees, and Staff to report on the status or projects.  Mr. Williams handed out agendas and draft minutes from the RD 830 meeting on March 19th for the Board review. 
Mr. Welty gave a brief overview of the financial report. 
President Lauritzen stated that he has done business with MBK Engineers in the past and would like to make it known to the Board and public.  He has not been on the RD830 Board to approve MBK business, so he wants to make sure there is no conflict of interest.
Director Painter asked to see the item in the accounting for reimbursing ISD for ISD employee labor and ISD equipment usage.  Mr. Welty stated he provides an accounting twice a year and reimbursement to ISD and will be posted later this year.
Mr. Williams reported to the Board on the 5 year plan prepared by MBK for RD830 for Jersey Island.  He went into detail of items of importance of the plan by phases and references to the map.  The special projects work schedule for Project Funding Agreement (PFA) JR-09-2.0 ($2.3 million levee improvement project near Blind Point) is off by one year due to DWR shutting down funding in 2012 just prior to bidding the project.  RD 830 negotiated with DWR to revise the project slightly and the project should be constructed in the summer of 2013.  Mr. Williams gave an update of the history of the projects on Jersey Island.  It was 2008 since they have had a special project and stated it is a real challenge working with DWR to secure funding for special projects these days.  The operable plan will be completed in an area of the Island that is highest in need.
Director Contreras asked if in his annual inspections of the levees, does the need of the island still follow the plan.  Mr. Williams stated that nothing has changed, the levee predominately meets minimum State standards.
Director Lauritzen asked regarding the assessment ISD pays RD830, how much is the cost to the rate payer? Approximately $22. He feels it is important to show the rate payer the subventions and the dollars needed to maintain the island. Mr. Williams stated that for every $100,000 we get up to $75,000 reimbursed from the State for the Subventions Program, and almost 100% reimbursed through the Special Projects Program.
Director Painter stated that after being involved with Bethel Island it is very important staying up with subventions money from the State.


          7C.     Reclamation District 830 – consideration of Business Points for The Marsh Creek Enhancement project in Partnership with ISD. 
Mr. Williams stated that this item is a continuation of moving forward with the Marsh Creek Enhancement project, a joint project between RD830 and ISD to develop up to 90 acres of habitat on approximately 100 acres of ISD land adjacent to Marsh Creek, while providing the ISD the opportunity to sell up to 600,000 cubic yards of fill dirt. 
Mr. Williams stated he is working with general council to put together a list of business terms for the agreement between ISD and RD830 for discussion.  Mr. Williams will work with RD830 trustees to go forward with the agreement. 
Director Scheer asked about the clause about testing the soil and asked if there were any problems with the soil.
Director Lauritzen asked about the costs of executing fees and charges and Mr. Williams stated RD830 will be responsible for the costs of the project.  He asked how this will affect the rate payers.  Mr. Williams stated the grant will cover the costs associated with the project, and the project will bring in approximately $2.5 million of revenue to ISD. Mr. Williams stated he is working with the State on the timing of the project and payment for the fill dirt. 
Director Painter questioned the fair market value of the dirt and if it will change if we have to wait for payment.  Mr. Williams stated that the value was determined through the grant application.
Discussion was held regarding the levee system after the breach of the creek and determined that RD2137 is the logical entity to maintain the new levee system.  RD 830 will work with DWR and RD 2137 to have them annex the levee system into their District once the project is complete.  RD 830 anticipates that Contra Costa Flood Control would continue to control the levee on the south side of the project area.  It was questioned, if there is a problem with mercury, would Reclamation District 2137 be responsible?  Mr. Williams stated that he believed they would not be responsible, he believed they would only be responsible for maintaining the levees.  He also stated he felt the breach of the Marsh Creek levee system on the east side (into the Dutch Slough Restoration project site) would improve the potential mercury issue for the RD 830/ISD project as, only tidal action from Big Break and Dutch Slough would enter the project. 


          7D.     Compliance Assessment Plan for Our New WDR’s Due to Regional Board June 1, 2013.
Ms. Skrel stated under the Regional Board’s new waste discharge requirements; our land application operation requires completion of a Groundwater Compliance Assessment Plan.  The plan will develop a method to compare future pH and nitrate as nitrogen levels to historical levels. HydroFocus is the recommended consultant to prepare the Plan as they have the most knowledge regarding ISD’s “mainland” property.
Ms. Skrel stated to the Board that staff recommends the Board authorize the General Manager to enter into a contract with HydroFocus to prepare the Groundwater Compliance Assessment Plan at a cost not to exceed $14,390.
M/S D. Contreras, D. Huerta and the Board voted unanimously to authorize the General Manager to enter into a contract with HydroFocus to prepare the Groundwater Compliance Assessment Plan at a cost not to exceed $14,390.


          7E.     Purchase of Screening Compactor.
Ms. Skrel stated that the screenings from the drum screens was designed to have moisture removed by means of two Helix presses.  The screenings are wetter than expected and the Helix Presses have been unable to adequately remove moisture.  Staff is working with the manufacture of the Helix Presses and, staff has field-tested two Screening Compactors over the last 6 months to help remove excess moisture. 
Staff’s recommendation to the Board is to authorize the General Manager to enter into a contract with Parkson Corporation for purchase and installation of a screenings compactor and chute for a cost not to exceed $100,000. 
M/S M. Painter, D. Huerta and the Board voted unanimously to authorize the General Manager to enter into a contract with Parkson Corporation for the purchase and installation of a Screenings Compactor and Chute for a cost not to exceed $100,000.  (Expansion Funds are to be used for project.)


          7F.     Consideration of Setting Public Hearing for Trunkline and Plant Capacity Fee Increase For Fiscal Year 2013/2014.
Mr. Williams reported that according to our ordinances in reference to the Engineering News Record the cost of construction is showing a zero gain.  In September of 2011we discounted the Trunkline Capacity and Plant Capacity fees to September 30, 2013 or 350 units.  In September the fees will adjust back.  Mr. Williams suggested possibly considering comparing the March ENR index to the June ENR index to review cost of construction trends. 
Director Contreras asked the Board if we could consider that the funds are very tight and the District needs to consider an increase.
Staff’s recommendation is to set the hearing for the regular meeting May 7, 2013 to adjust the Trunkline and Plant Capacity Fees in accordance with Ordinance 21 and 02, and consider adjusting the Trunkline and Plant Capacity Fees in accordance with the March and/or June ENR Cost of Construction Index, San Francisco Bay Area.
M/S M. Painter, D. Scheer and the Board voted unanimously to set the hearing for the Regular Meeting in May on May 7, 2013 to adjust the Trunkline and Plant Capacity Fees in accordance with Ordinance 21 and 02, and consider adjusting the Trunkline and Plant Capacity Fees in accordance with the March and/or June ENR Cost of Construction Index, San Francisco Bay Area.  The Board directed District Secretary to post, publish and mail the required notices.

          7G.     Consideration of Attendance at CASA Spring Conference. (April 24-26, 2013).
Mrs. Walde stated the CASA Spring Conference is April 24-26 and asked if any Board members will be attending.  Mr. Williams stated he will be on vacation and not able to attend.  Director Contreras will be attending as representative of the CASA programs committee.

          7H.     Award of Paving Contract on Bethel Island.
Ms. Skrel stated that staff replaced an 8-inch sewer line on Harbor Road in 2011.  The sewer has been a trouble spot for years due to numerous sags in the line.  As part of the sewer replacement new asphalt was installed on the road and has settled.  The project is out to bid and the bids are due April 9, 2013 at 2:00 p.m.  The project would repair the west side of the road with 2-6 inches of asphalt in distinct areas.  Staff’s recommendation is to authorize the General Manager to enter into a contract with the lowest responsive, responsible bidder for asphalt repairs on Harbor Road on Bethel Island for a cost not to exceed $15,000. 
M/S D. Scheer, C. Lauritzen and the Board voted to authorize the General Manager to enter into a contract with the lowest responsive, responsible bidder for asphalt repairs on Harbor Road on Bethel Island for a cost not to exceed $15,000.


8.       Staff Reports
Dave Dal Porto - President Lauritzen asked Mr. Dal Porto how the drought is affecting the hay production and the cattle operation.  Mr. Dal Porto explained that on Jersey Island, the crops look as good as they ever have looked and are in great shape.  At Oakley, they can no longer irrigate and last year the hay production took a 50% drop in production, and this year without the rain the crop is at 50% of last year.  The cattle operation is increasing reimbursement to ISD for internal use of hay.
President Lauritzen asked on a general basis, what is going to happen to cattle operations in the Delta.  Mr. Dal Porto explained that the herds are in trouble if they are dependent on native grasses for feed. 
Mr. Dal Porto explained that last year one of the ISD cattle herds had trouble with poison hemlock in some of the grazing fields and it caused a neurological disorder in some of the calves.  The problem has since been resolved and the loss was approximately 8% in one specific herd.
President Lauritzen asked about the progress of the caretakers housing.  Mr. DalPorto stated that the project was put on hold with the upgrading of the office buildings.  He is working with a broker to locate a mobile home which is available to relocate to the Island.  He will report back to the General Manager in the next couple of weeks.

Jenny Skrel – Ms. Skrel reported to the Board that CWEA will hold their meeting tomorrow at ISD and will be touring the new facility.  The Solar project geotechnical engineer came to the District today; and Ms. Skrel will be working with PG&E on a schedule for rebates.

Joe Mueller – Mr. Mueller reported to the Board the February WDR requirements came out.  He is working on the field application and review discharge reporting for state reporting.  Director Contreras asked about the contact he is working with, and is he working with the person in charge.  Mr. Mueller stated he is working with the ESMR help line and two people via email.  He is constantly working with the State and having constantly to modify forms with is taking a good portion of his week. Director Contreras suggested getting a unified voice to work together.

Roni Gehlke – Mrs. Gehlke reported that she is working on the newsletter.  The Oakley Science Week will be help at ISD on April 27, 2013; there will be hay rides to tour the plant.  The signs will be complete and up on the FOG building and will hold a grand opening and ribbon cutting. 

Fred Etzel – Mr. Etzel reported that he is working on the Agreement with RD830 of the Marsh Creek Enhancement project.  Mr. Etzel is also working on the assumption of risk policy.  He attended the Bay Delta Conservation Plan meeting with Director Lauritzen. 

Tom Williams – Mr. Williams reported he has been working with Georg Krammer of Koff and Associates on the compensation study.  He also has been working on the performance management system with Brent Ives for the first draft of process.  He has been working with the Board of Directors subcommittees. 
RD830 – held a workshop with DWR to meet with the ISD board.  Mr. Williams met with the clerk and the Board President from BIMID and encouraged them to continue their subventions program and working with DWR on other funding opportunities.
He reported he attended the Bay Delta Plan meeting at CCC and felt the process the State is pursuing in implementing the Governor’s water plan, and the Bay Delta Conservation Plan (BDCP), was a very discouraging.


 9.      Board Members Advisory Reports
President Lauritzen – Attended a meeting at Village West Marina on April 2 with Congressman Jerry McNerney who held a town hall meeting regarding the invasive water hyacinth problems in the Delta.  

Director Contreras – The Finance Committee met and are working on a Fiscal Policy procedure developing a Replacement Fund Policy.  Director Contreras asked District Council if the newsletter could be used as a notice of the public hearing for the rate increase.  Discussion was held and determined it would be a good source of notification.

10.     Future Agenda Items for Consideration  
There were no future agenda items suggested for consideration.


11.     Adjournment
President Lauritzen adjourned the regular meeting at 9:50 p.m. until Tuesday, May 7, 2013 at 7:00 p.m. for the next regular meeting in the Ironhouse Sanitary District offices at 450 Walnut Meadows Drive, Oakley, California.




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