Minutes of the October 6, 2015 Board Meeting

MINUTES OF THE REGULAR MEETING

OF THE BOARD OF DIRECTORS OF THE

IRONHOUSE SANITARY DISTRICT

 

October 6, 2015

 

The Board of Directors of the Ironhouse Sanitary District (ISD) met in regular session on Tuesday, October 6, 2015, in the Board meeting room at ISD’s offices at 450 Walnut Meadows Drive, Oakley, California.

 

1.       Call to Order

President David Contreras called the meeting to order at 6:31 pm.

Chad Davisson led the pledge of allegiance.

Present were Directors: Contreras, Lauritzen, Morgan, Painter and Scheer.  General Manager Chad Davisson and General Counsel John Moore.

At 6:33 p.m., the meeting was adjourned to closed session for Item 2A on the agenda.

2.       Closed Session

          A.       Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to paragraph (4) of subdivision (d) of

Section 54956.9: (1 case)

At 6:58 p.m. John Moore and Chad Davisson excused themselves from Closed Session.

 

            B.        Closed Session Pursuant to Government Code Section 54947:

                    Public Employee Performance Evaluation

Title: General Manager

At 7:15 p.m. The Board took a short recess.

 

At 7:17 p.m. The Board met in open session.

 

3.       Report of Actions (if any) Taken in Closed Sessions

President Contreras reported that the Board accepted the Employee Performance Evaluation.

 

          Roll Call

            Directors present:                   David Contreras, C. Lauritzen, S. Morgan, Michael Painter and Doug Scheer

            Members absent:                    None

            Staff/Consultants

            Present:                                   Chad Davisson, General Manager

                                                            Susan Walde, District Secretary

                                                            John Moore, District Counsel

                                                            Michael Welty, Financial Officer

                                                            Jenny Skrel, District Engineer

                                                            Dave Dal Porto, Ranch/Levee/Reclamation Superintendent

                                                                                                                                   

            Interested Parties:                   Dave and Vickie Smith, Oakley, CA

                                            

4.       APPROVAL OF AGENDA                                                         

Mr. Davisson reported that he would like to table item 8B to the November meeting of the Board.  M/S D. Scheer, C. Lauritzen and the Board voted unanimously to approve the agenda as amended. 

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent none.

 

5.         APPROVAL OF THE MINUTES of the September 1, 2015 Regular Meeting of the Board.                            

M/S S. Morgan, D. Scheer and the Board voted to approve the minutes of the September 1, 2015 Regular Meeting of the Board. 

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent none.

 

6.       PUBLIC COMMENTS.  Communications from the public on subjects not on the agenda. 

There were no comments from the public in attendance.

 

7.       CONSENT CALENDAR -

         7A.     Approval of Payment Order, Report on Financial Position & Operating Performance.

 

          7B.      Acceptance of Agreement for Acquisition and Construction of Improvements – Cypress Grove – East Cypress Road, Prescott Parc, a Limited Liability Corporation  (26 lots) (B.O. 15-53)

 

7C.     Acceptance of Agreement for Acquisition and Construction of Improvements – Cypress Grove – East Cypress Road, Prescott Parc, a Limited Liability Corporation  (14 lots) (B.O. 15-54)

 

7D.     Acceptance of Agreement for Acquisition and Construction of Improvements – Emerson Ranch – Neighborhood 4 & Neighborhood 5, Sellers Avenue & Cypress Road, Brookfield Emerson Land, LLC  (142 lots) (B.O. 15-55)

 

7E.      Acceptance of Offer of Dedication of Improvements from Quail Valley Estates Units 1 and 2.  (Res. 15-09)

 

7F.      Acceptance of Grant of Easement from Quail Valley Estates Owners’ Association for Maintenance and Access. (Res. 15-10)

 

M/S D. Contreras, C. Lauritzen and the Board voted to approve the Consent Calendar. 

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent: None.

 

8.       BUSINESS BEFORE THE BOARD                                             

 

          8A.     APPROVAL FOR DEMOLITION ON JERSEY ISLAND LOT 1 on JERSEY ISLAND.

Mr. Chad Davisson stated that Lot 1 on Jersey Island needs trees, structures and associated facilities to be demolished to allow levee improvements to be constructed.  The Department of Water Resources will pay up to 75% of the costs for demolition under the subventions program.  The estimated cost of the work is $160,000 with ISD paying up to 25% or $40,000.  The work would be charged to ground maintenance.

M/S M. Painter, S. Morgan and the Board unanimously voted to approve the expenditure in an amount not to exceed $40,000 for the removal of trees and the demolition of structures and facilities on Jersey Island Lot 1.

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent: None.

 

          8B.     CREDIT CARD POLICY.

Item tabled to November 3, 2015 meeting of the Board.

 

8C.     EMPLOYEE CLASSIFICATION POLICY.

Mr. Davisson reported that the District has historically made no distinction between management and non-management employees when determining eligibility for overtime compensation.  With the exception of the GM, all district staff receive overtime compensation in the form of additional pay or compensatory time off.  The practice is inconsistent with the US Department of Labor’s Fair Labor Standards Act (FLSA) as well as other Sanitary District and public service agencies.  Staff proposes that the following “Department Head” positions be considered “Exempt” from overtime compensation: District Secretary, Administrative Services Manager, District Engineer, Plant Manager, Maintenance Superintendent, Reclamation, Levee and Ranch Superintendent.  In addition to the Department Head positions staff also proposes that the supervisory positions of Maintenance Supervisor and Reclamation, Levee and Ranch Supervisor also be exempt from overtime.  Administrative leave be accrued at the following rate: Department Heads; 60 hours leave per year and Supervisors 48 hours leave per year.

Director Painter asked how employees would be compensated should the District have an emergency.  Mr. Davisson stated that the employees would assist should there be an emergency. 

Director Lauritzen stated we have not had an HR person to guide the District.  He would like to suggest staff work with other Districts to access their HR professionals to assist us with Personnel/HR needs.  He also asked if the time on the books would be paid out.  Mr. Davisson this would be a change going forward and it is not budgeted for a payout. 

M/S C. Lauritzen, M. Painter and the Board voted unanimously to direct staff to implement a policy which classifies Management and Supervisory positions as exempt from overtime and authorize the General Manager to provide “Administrative Leave” to management employees in lieu of overtime compensation.

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent: None.

 

8D.     ASSESSMENT STATUS REPORT.

Mr. Davisson gave an overview of the assessment items reported with discussion from the Board.  Mr. Davisson reported item 1. Fees for credit card use, was tabled until the November meeting.  Director Morgan asked about item 14. Explore the desirability of using recycled water to irrigate the mainland forming lands. Mr. Davisson reported that he attended the EC2 meeting with President Contreras to discuss direction of using water to promote our recycled water.  They had the opportunity to discuss with  the Ag Commissioner the recycled water opportunity the District offers and the value of its water. 

President Contreras on behalf of the Board accepted the assessment report and thanked Mr. Davisson.

 

9.       STUDY AND DIRECTION TO STAFF

 

          9A.     ESTABLISHMENT OF A JOINT POWERS AGENCY BETWEEN IRONHOUSE SANITARY DISTRICT AND RD830.

Mr. Davisson stated that in response to the Board’s inquiry of as sole landowner–voter of Reclamation District 830, (RD 830), what lawful method of control does the ISD Board have of RD 830.

General Counsel John Moore stated that his understand is that the Board would like more control over the operations of RD830.  He explained the option of a Joint Powers agency agreement (JPA) between the two districts.  Mr. Moore is in contact with DWR regarding the subventions and working with a JPA.  Mr. Davisson stated that the main objective is to adequately maintain the levees of Jersey Island to protect the island. 

The Board held discussion on the development of a JPA between the two districts.

M/S S. Morgan, D. Contreras and the Board voted to direct staff to:

1) To Continue ascertaining whether the JPA is appropriate for DWR levee subvention funding.

2) To prepare a draft joint powers agreement for review by Ironhouse and RD 830 Boards on the basis outlined above, with such changes in the above outline as the ISD Board would like to make.  Absent contrary Board direction, the draft agreement will call for the governing body of the JPA to be the Ironhouse Board, and for the JPA to be administered by Ironhouse staff under the leadership of the ISD General Manager.   

In favor: D. Contreras, C. Lauritzen, S. Morgan, M. Painter and D. Scheer.  Opposed: None.  Absent: None.

 

 

10.     STAFF REPORTS                                                

Mr. Davisson reported that the staff reports were provided in the Board packet.

 

11.     BOARD MEMBER ADVISORY REPORTS

Written reports submitted.

 

Director Lauritzen – Mr. Lauritzen reported on the donation of hay to Lake County for need to help feed animals after the fires in their area.  He stated it was a home run for the District.  He applauded Mr. Dal Porto and staff for their efforts to make this happen.

Mr. Lauritzen reported on the CSDA conference he attended. He encouraged other directors to attend.  He reported the presentations were excellent and thanked the Board for letting him attend.

 

Director Morgan – Ms. Morgan reported that she attended the City Council meeting.  Mike Yeraka of Diablo Water gave the presentation and reported the ISD and Diablo water had a shared announcement on their billing. 

Mr. Davisson reported he met with Mr. Yeraka and is working together on a shared goal to provide service to a common customer, working in the future on recycled water for water conservation.

 

Discussion was held on future development of purple pipe.  

 

12.     Future Agenda Items for Consideration

 

President Contreras announced the Board would be having a Special Workshop Meeting on October 20, 2015 at 6:00 p.m.

 

13.     ADJOURNMENT

President Contreras adjourned the regular meeting at 8:34 p.m. until Tuesday, November 3, 2015 at 7:00 p.m. for the next regular meeting in the Ironhouse Sanitary District offices at 450 Walnut Meadows Drive, Oakley, California.