Wednesday, January 13, 2016

Minutes of the ISD November 3, 2015 Board Meeting


MINUTES OF THE REGULAR MEETING

OF THE BOARD OF DIRECTORS OF THE

IRONHOUSE SANITARY DISTRICT

 

November 3, 2015

 

The Board of Directors of the Ironhouse Sanitary District (ISD) met in regular session on Tuesday, November 3, 2015, in the Board meeting room at ISD’s offices at 450 Walnut Meadows Drive, Oakley, California.

 

1.       Call to Order

Board Secretary Susan Walde called the meeting to order and adjourned the meeting from 6:00 p.m. to 6:30 p.m. After obtaining consent of all Board of Directors, President David Contreras called the meeting to order at 6:37 pm.

Susan Walde led the pledge of allegiance.

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

At 6:38 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 7:05 p.m. The Board took a short recess.

 

At 7:08 p.m. The Board met in open session.

 

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

President Contreras reported that no action was taken by the Board in Closed Session.

 

          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

                                                            Bob Henn, District Counsel

                                                            Michael Welty, Financial Officer

                                                            Jenny Skrel, District Engineer

                                                             

                                                                                                                                   

            Interested Parties:                   Vanessa Perry, City of Oakley

                                            

4.       APPROVAL OF AGENDA                                                      

M/S D. Scheer, C. Lauritzen and the Board voted unanimously to approve the agenda. 

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

 

5.         APPROVAL OF THE MINUTES of the October 6, 2015 Regular Meeting and the October 20, 2015 Special Workshop Meeting of the Board.                              

M/S S. Morgan, D. Scheer and the Board voted to approve the minutes of the October 6, 2015 Regular Meeting and the October 20, 2015 Special 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.     Approval of 2016 Holiday and Board Meeting Dates.

M/S D. Contreras, S. Morgan 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.     ACCEPTANCE OF THE ANNUAL FINANCIAL REPORT WITH INDEPENDENT AUDITOR’S REPORT, MANAGEMENT REPORT, AND SAS 114 LETTER FOR THE YEAR ENDED JUNE 30, 2015.

Mr. Chad Davisson introduced Justin Williams of Mann Urrutia Nelson, CPAs and Associates, LLP. Mr. J. Williams gave a presentation and overview of the audit process with ISD.  The process typically reviews controls, disbursements, payroll, and financial processes.  After ISD’s fiscal year closing, Mann Urrutia Nelson CPAs do testing of selected areas of the District’s operations to prepare an audited financial statement.  He gave an unqualified opinion and reported that the audit was a clear audit with no audit adjustments. 

He reported that the District had no significant deficiency and a recommendation to staff to update the procurement policy and update the inventory pricing.

Mr. Justin Williams stated there were no material weaknesses and overall it was a very clean audit.  He thanked ISD staff for their assistance with the audit and being so prepared.

It was noted on page two of auditors report, reference of City should be changed to District.

M/S M. Painter, C. Lauritzen and the Board voted to accept the Annual Financial Report with Independent Auditor’s Report, Management Report and SAS Letter from the year ended June 30, 2015 with change of City to District. 

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

 

          8B.     POND MANAGEMENT PROPOSAL.

Mr. Davisson reported that the District uses a 33-acre storage pond to store the treated recycled water for irrigation on Jersey Island and as a source of water for the commercial truck filling station.  The storage pond is overgrown with vegetation, which is affecting the water quality and causing the pH of the water to exceed the permit limitation of 9.0.  Staff obtained recommendations from two firms for weed control/removal.  Staff recommends the Board consider approving a contract with Aquatic Environments in an amount of $33,446 to mechanically harvest the bulk of the vegetation from the pond followed with chemical treatment to manage vegetation growth. 

The item is not included in the budget and staff recommends using the budgeted funds for the influent cleaning which was completed with in-house staffing.

Director Contreras asked how long the vegetation issue has been going on and Mr. Davisson stated it has been developing for a couple of years.  Discussion was held on the control process of maintaining the ponds going forward.  The ponds are about three feet deep and about as low as we operate.  Staff are keeping the ponds low in preparation of a possible wet winter for water storage. Director Lauritzen stated this is the first he has known of us having a pH issue. We have to stay between 6.5 and below 9.  Ms. Skrel stated she worked with the water board to allow us a pH limit of 9.  Board discussion was held on the water quality needed in the pond for the pH requirements and quality for recycled water.  Discussion was held on the extent of work needed to maintain the pond.

M/S M. Painter, D. Scheer and the Board unanimously voted to authorize staff to reallocate $50,000 from Line 5440.60 of the approved FY 2015/16 budget, originally approved for cleaning of the influent wet well to be used for vegetation removal and management in the north pond and approve a contract with Aquatic Environments, Inc. in an amount of $33, 446 and use discretion to use the balance of line item for maintenance.  The Board directed staff to contact the Water Board to increase the pH limit in the permit.

 

8C.     UTILITY VEHICLE PURCHASE FOR WATER RECYCLING FACILITY.

Mr. Davisson reviewed with the Board that the use of a utility vehicle provides a needed resource for District staff to effectively perform daily maintenance and repair work at the WRF.  The Board approved an allocation of $30,000 for the purchase of a utility vehicle and tools in the FY 2015/16 budget.  Staff obtained quotes for pre-owned vehicles but did not attempt to negotiate a lower price.  Staff recommends authorizing the purchase of a 2016 Ford F250 with a utility bed from Downtown Ford Sales for a CMAS certified price not to exceed $29, 488 and appropriate $5,000 for the purchase of tools and equipment.  The Board recommended staff consider purchasing a new 2015 if available. 

M/S D. Contreras, M. Painter and the Board voted unanimously to approve the purchase of a new 2015 or 2016 Ford F250 with a utility bed from Downtown Ford Sales for a CMAS certified price not to exceed $29,500 and appropriate $5,000 for the purchase of tools and equipment.

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

 

8D.     CONSIDERATION OF CHANGE ORDER PAYMENT FOR BRIDGEHEAD AND MAIN STREET SEWER CONSTRUCTION

Mr. Davisson stated that the sewer along Main Street has historically had two trouble spots, one at Bridgehead Road and the other at Live Oak Avenue.  The District entered into a Reimbursement Agreement with the City of Oakley and the work was contracted through the City of Oakley that had scheduled a road reconstruction project in this area.  The contractor was Knife River Construction.  A design error by ISD’s consultants Carlson, Barbee and Gibson was discovered that required installation of an additional 91 feet of sewer line requiring an increase of $20,197.  Further, an unmarked and unknown gas pipeline was discovered and resulted in a second change to the original scope of work.  Staff recommends reimbursing the City of Oakley an amount not to exceed $264,376.45 as part of an approved Reimbursement Agreement and direct staff to pursue recovery of all costs associated with a design error and unmarked abandoned gas line owned by PG&E.

Discussion was held on who the design engineers worked for and who oversaw their work as well as why the change orders for the two items were not brought to the Board for a decision when the initial issues were discovered.  The change orders were approved by staff as the amount was below the approved amount of $255,000 approved by the Board.  Director Contreras stated that all change orders need to come to the Board for their consideration.  Mr. Davisson stated that going forward all change orders will be considered by the Board and any increase of cost to be carefully considered to be transparent going forward.

Director Contreras stated that this project was placed on the fast track and was not placed on a competitive bidding process  The governing body did not have an opportunity to approve the first change order and although he supports honoring the agreement he wants the Board to be fully aware of expenditures that go beyond the original contracted amount.  He stated these added costs were significant and might have been dealt with differently had the Board known the issues when they arose several months ago.  

Discussion was held on options to recover costs associated with the two errors.  Preliminary efforts have been addressed by staff to recover the costs with the design error and unmarked abandoned gas line. 

M/S D. Contreras, C. Lauritzen and the Board voted to reimburse the City of Oakley an amount not to exceed $264, 376.45 as part of an approved Reimbursement Agreement and direct staff to pursue recovery of all costs associated with a design error and the unmarked abandoned gas line owned by PG&E.

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

 

8E.     ASSESSMENT STATUS REPORT.

Mr. Davisson gave an overview of the assessment items reported with discussion from the Board.  Item No. 17 formalize Contra Costa Water District’s concurrence for ISD to utilize recycled water to irrigate a portion of the District’s mainland farming areas was discussed.  Staff are currently working with CCWD on this item. 

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 a sole landowner–voter of Reclamation District 830, (RD 830) and what lawful method of control does the ISD Board have of RD 830.  The item was discussed at the last Board meeting and District Counsel was asked to bring back to the Board a Joint Powers Agency agreement between ISD and RD 830.

Mr. Henn gave an overview of how the agreement would work and the cost of setting up the agency and maintaining.  He then offered an alternative to setting up the JPA. 

Mr. Henn reviewed an alternative action that the Board have the trustees take instruction from the ISD Board of their recommendation of Board action.  The ISD agenda could have a section that covers RD 830 action items for Board direction from the ISD Board.

Director Lauritzen stated how important it is for all the Board to be at the forefront of the Island making decisions.  Mr. Henn stated that procedurally we might need to revise the by-laws to lay out the requirement requested by the Board.  Director Morgan stated we all as a Board members need to be involved in the decisions of Jersey Island.

It was recommended having a meeting every third Tuesday for consideration of Rd 830 business items for ISD Board review and direction to the RD 830 Board of trustees.  The ISD Board gave direction to staff to adjust the bylaws and bring them back to the Board. 

 

10.     GENERAL MANAGER AND STAFF REPORT

Staff reports were provided in the Board packet.

 

11.     BOARD MEMBER ADVISORY REPORTS

Written reports submitted.

 

Director Painter – Reported that Pheasants Forever would be meeting at the District Office Friday at 7 p.m.

 

12.     Future Agenda Items for Consideration

Mr. Davisson reported that a workshop would be held on Tuesday November 17th at 6:00 p.m. to receive an update on the Marsh Creek Restoration Project.  Staff will be working on questions on elements on the project of ISD concern.  Closed Session will be held at 5:00 p.m. for GM evaluation.

 

13.     ADJOURNMENT

President Contreras adjourned the regular meeting at 9:35 p.m. until Tuesday, December 1, 2015 at 7:00 p.m. for the next regular meeting in the Ironhouse Sanitary District offices at 450 Walnut Meadows Drive, Oakley, California.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROVED                                                                       ____________________________           

                                   President                                                          District Secretary

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