CALL TO ORDER: Directors Present: Bill Kinsella (President), Lew Richardson (VP) and Director Mark Skoien.
Also present IGM John Turner and Financial Administrator/Board Secretary/Treasurer Charise Reeves.
Absent: Directors Victor Afanasiev and Emery Ross
Pledge of allegiance.
PUBLIC COMMENT: none
President Kinsella offered congratulations to Merlin Jones, who was in the audience, on his recent election to the Mariposa County Board of Supervisors.
DISCUSSION/ACTION: Office fire update continued due to absence of Leo Grover from Pinnacle Emergency Services. President’s report: none
GENERAL MANAGER’S REPORT
John Turner advised he had just completed his 10th week and was getting into the “middle of things” and his attached report was more detailed than the prior month. A part time employee was promoted to a full time position and he is advertising to fill the vacant part time position. Mr. Turner stated the most alarming thing to him was the 26 percent water loss. Leaks are continuing to be addressed as they pop up and he has instructed employees to replace the line when multiple repair bands have already been used (there are some instances of 6-8 repair bands having already been used on the same line). The cost savings will be realized over time by preventing multiple trips to the same location. Turner also advised many of the repair bands can be cleaned up and returned to inventory for future use.
TREASURER’S REPORT
$608,342 in the bank accounts. The previously used auditor has agreed to perform the next audit. The backup Hughes satellite service will be disconnected. Hughes refused to disconnect due to it being set up by a previous GM with his personal information so GM John Turner cancelled the credit card payments. President Kinsella questioned the charges for Redwing shoes. Charise Reeves advised the purchase of two pair of work boots for each employee had been approved by the former IGM. (Current IGM, John Turner, advised he chose to receive only one pair.) Director Skoien questioned overtime pay in regards to the fire recovery funds. Director Skoien also questioned the Hughes satellite issue and why they would not co-operate with the district as an agency versus an individual. Reeves advised the service had been setup using a former employee’s Social Security Number and could only be cancelled by him.
President Kinsella renewed his desire to clarify that legal expenses with the initials BK stood for Bob Kent, not Bill Kinsella. Audience question regarding the legal fees and how far over budget they were. Reeves advised she believed it was about 25% over budget. VP Richardson confirmed the Hughes net matter did not involve a district credit card in the former GM’s name still being active (Hughes permitted changing the payment method) but merely the personal information used to set up the account.
The Board approved: the June Treasurer’s Report, payment for legal services, and the scheduling of a budget meeting to be announced later to the public. Consensus to have a Special Meeting to address the budget and scheduling it sometime in July based on director and employee availability.
CONSENT CALENDAR
Secretary Reeves advised she had caught up on seven sets of meeting minutes. Director Skoien questioned his “for the record” statement at the April 20th meeting. Secretary Reeves acknowledged the matter; agreed to go back to include the missing information and bring it back for board approval later.
The Board approved: read and file of the listed minutes (with exception of April 20th) and two Finance Committee Meeting minutes.
COMMITTEE MEETING UPDATES
President Kinsella: Committee Meeting Updates… What committee meetings? (laughs)
VP Richardson: Well we have one here that was handed out
President Kinsella: What’s this one?
VP Richardson: It’s ah, from IGM Turner
President Kinsella: Oh yeah,
VP Richardson: From the MID
President Kinsella: MID yeah
VP Richardson: Oh, do you want me to do it?
President Kinsella: Do you want to?
VP Richardson: OK, well the MID Committee met (laughs), let me read what you’ve got here, held June 8th, 2012,… Syndie Marchesiello …
[NOTE: While reading the statement I incorrectly spoke Syndie’s first name which was probably a subconscious thing since I inevitably, to my chagrin, mispronounce her last name. I read the remainder of the report as written with one exception: I also failed to say “yet” in the last sentence. Below is the Staff Report as printed, not read.]
“A MID Committee meeting was held June 8, 2012. S. Marchesiello presented the committee with a preliminary report listing properties located on the MID Outside Place of Use. The research identified which properties are not currently paying fees to the District, currently metered or paying availability. S. Marchesiello requested additional time for in-depth research due to some properties having possible previous agreements or annexation fees paid.
During the research performed the District records show one property that is currently metered and receiving water. As a result I gave direction to staff to add that property on the MID Outside Place of Use. In addition, I directed staff to change the name of the report from Outside Place of Use to MID Outside Place of Use Metered Properties.
The remaining Board members not present were emailed the information presented. The MID Committee has plans to meet again after the additional research is completed. A date has not yet been scheduled.”
VP Richardson also mentioned another matter where a property was not paying availability due to a Department of Transportation transfer that was never corrected suggesting it was likely a simple office correction. Director Skoien questioned why the Outside MIDPOU Report was changed by adding metered to the description to which Richardson stated the report had always addressed only metered properties. He (Richardson) said the issue of availability fees being paid by some Outside MIDPOU properties brought up by Director Ross revealed this fact.
Richardson also advised during the research another Outside MIDPOU metered customer was discovered to have not been on the list and was subsequently added which could change the sustainable yield calculations of the Ranchito well. He stated later the list might contain two categories of Outside MIDPOU customers, metered and availability, but the availability list is still being researched and established.
Secretary Reeves asked if Directors wanted to report on the Finance Meeting held in the morning yet both President Kinsella and VP Richardson were under the impression such Committee Reports were made the following meeting. Reeves stated Directors needed to specify how they wanted to report because it would be easy to report right after the meeting and she was confused. President Kinsella advised Reeves was confusing the issue because that morning’s Finance Meeting would be reported on at the next Board Meeting.
CORRECTED MINUTES
[NOTE: Prior submitted Minutes incorrectly reported in two places that Directors Emery Ross, Mark Skoien and Victor Afanasiev were present and participated when they were actually absent from those meetings. VP Richardson suggested a correction to the February 21 2012 Minutes in regards to his recommendation for commendation to an employee in recovering $40,000 from Mariposa County. These Corrected Minutes were listed as “information” only in that they had already been approved (with noted corrections) on May 21, 2012.]
Director Skoien (referring back to Committee Reports) asked whether a Personnel Committee Meeting had been held regarding the background check for the IGM position. Director Victor Afanasiev was performing that process on behalf of the entire board and the Personnel Committee was not involved. Director Skoien had been concerned about a possible Brown Act violation if three directors were involved with the Personnel Committee. Director Afanasiev is not on the Personnel Committee. Secretary Reeves confirmed the May 21st Minutes indicated it was a Board action in Closed Session and the entire board would reconvene in 120 days and make a decision at that time.
[CORRECTED MINUTES – CONTINUED]
President Kinsella: Now, we, we just ah dismissed or got rid of the corrected minutes, right?
Secretary Reeves: Yeah, you guys (inaudible)
VP Richardson: No, no I have a question about that
Secretary Reeves: OK
VP Richardson: Uhm, I understand that there was supposedly to be corrected and there was to be no further action
Secretary Reeves: Yes
VP Richardson: but reading through the February 21st 2012 I found a couple of things
Secretary Reeves: you found something else?
VP Richardson: that I have a problem with, yeah
Secretary Reeves: OK
VP Richardson: The original
Director Skoien: February?
VP Richardson: I’m sorry?
Director Skoien: February what?
VP Richardson: Ah
President Kinsella: February
Director Skoien: Oh yeah
VP Richardson: 21st, and that had to do with the ah minutes regarding the commendation
Secretary Reeves: yes,
VP Richardson: it was, you ended up changing it from my commendation
Secretary Reeves: ah hum
VP Richardson: to Bill’s commendation
Secretary Reeves: Yes, Bill’s request for commendation, because he originally requested it
VP Richardson: No, I did
President Kinsella: No, Lew requested it and then I embellished on it, and I got stepped on for embellishing it
Secretary Reeves: OK because I clarified and you said yes that was right. OK, so it was yours with Lew’s, or with Bill’s change?
VP Richardson: Exactly
Secretary Reeves: OK
VP Richardson: So, every, everything is correct on (cross talk-Secretary Reeves)
Secretary Reeves: Richardson’s request
VP Richardson: All you had to change was just discussion ensued regarding Director Richardson’s request for a commendation for S
Secretary Reeves: Marchesiello
VP Richardson: Thank you, which ah changed (cross talk) by
Secretary Reeves: Director
VP Richardson: Right, or President Bill Kinsella changed (cross talk by Reeves) right, right. That’s the only thing.
Secretary Reeves: OK
VP Richardson: And then the other deal was ahum, on page 58 of the June 18th Minutes
Secretary Reeves: say that again
VP Richardson: on page 58 which is the June 18th minutes
Secretary Reeves: ahum
VP Richardson: Ah, you have what you represent as a verbatim transcript
Secretary Reeves: Ahum
VP Richardson: but it is not verbatim, and it left out what I thought was some
Charise Reeves: what part?
VP Richardson: pertinent parts, well for one, ah, it doesn’t have the dialog between the different directors it only has Director Skoien and it also did not have my response to his statement, his inference that I was a contract Nazi (laughter)
Director Skoien: It has you on it, it has you on
Secretary Reeves: I could not read, I could not
Director Skoien: on here, on my copy, Director Ric…, it has you, it has comments by you on here
VP Richardson: Yeah, yeah, that one, but where you say we’ll get it, we’ll get it and then you (referring to Secretary Reeves) have inaudible
Secretary Reeves: I can’t understand it
VP Richardson: Well that’s strange
Secretary Reeves: Does your tape sound better than mine? Because
VP Richardson: Oh yeah
Secretary Reeves: because if you’ve got it
VP Richardson: I’ve got it
Secretary Reeves: give me a copy and I’ll be glad to fix it
VP Richardson: I most certainly will
Secretary Reeves: Because I listened to that about 5 or 6 times and it was really garbled so I didn’t want to put something and misstate anything so if you’ve got it I’ll be glad to add it
VP Richardson: I’ve got it.
Secretary Reeves: OK
VP Richardson: because the statement was well you know lackadaisical attitude like that
Secretary Reeves: OK
VP Richardson: could get us in trouble
Secretary Reeves: OK I’ll be glad to add that. Give me a copy of
VP Richardson: I will
Secretary Reeves: like you have before
VP Richardson: OK, thank you
Director Skoien: Aren’t you supposed to make these transcripts off our tapes?
Secretary Reeves: Yes, but if, if
VP Richardson: I would like to get a copy of that too
Secretary Reeves: Problem is I have no ability to make a copy right now. This one is not working and my other one that I had the double tape on got destroyed in the fire.
VP Richardson: Well maybe I could make arrangements to just come in and hear it then
Secretary Reeves: That would be fine
Director Skoien: What phrase are you talking about? Lackadaisical what?
VP Richardson: Lackadaisical attitude
(Multiple voices)
Director Skoien: No, I know the page number
VP Richardson: Lackadaisical attitude
Director Skoien: What was that?
VP Richardson: That was in reference to having a contract wide open with Throckwisp that had gone on for over a year and nothing had been done on it. And you said ah, it’s no big deal, we’re still getting our money, don’t worry about it.
Director Skoien: And you said that
VP Richardson: a lackadaisical attitude like that could get us in trouble.
Director Skoien: I think I remember you saying that (laughing)
Secretary Reeves: So, so the rest of, well when you don’t know what the words are, it kind of ran together and I was like, what is he saying and I couldn’t understand. So I will be glad, are the rest of them that were modified, everyone OK with the March 13th ones?
President Kinsella: As far as I’m concerned it is
VP Richardson: I, I have the whole thing I can get you.
Secretary Reeves: OK, so we’ll just bring back February 21st, I’ll throw in the next board meeting so everybody can make sure the changes are acceptable.
President Kinsella: OK
Secretary Reeves: OK
President Kinsella: We’re moving forward now?
VP Richardson: I believe so
President Kinsella: OK, I saw Hugh Martin here a little while ago, he’s still here?
HUGH MARTIN: Request to withdraw his property from the District
Mr. Martin advised his property is outside the subdivision; has had a meter since the 1970s; he recently found his own supply of water (ground well); had the meter pulled a year and a half ago and no longer wants to pay availability fees for his Outside MIDPOU property because he doesn’t need our water. Hugh said he no longer needed the district service and if a future owner desired such they could pay the arrears.
Mr. Martin read a portion of his letter to the Board of Directors requesting to withdraw from the district which included “ ….and in the future if I or any future property owners want to receive water service from Lake Don Pedro CSD all past fees will be paid in full.”
VP Richardson voiced his concern that Mr. Martin’s statement was not qualified with “IF” the District could legally serve the water to the property in the future. He said he had no problem with Martin withdrawing, other than the loss of revenue to the district. Director Skoien disagreed with qualifying any such agreement with “IF” because Martin has had a water meter in the past. Skoien also did not care for the idea that a future purchaser could be required to pay the arrears if Martin left the district and stopped paying the availability charge. Skoien did not believe it was good for the district to allow an Outside MIDPOU property to withdraw. He also felt it was not good for Martin either as a potential seller of property.
IGM Turner mentioned that water for fire suppression might also be an issue, since the lines are already in and must be maintained. VP Richardson again mentioned his concept of a detachment list where owners such as Mr. Martin could enroll to leave the district so rather than paying detachment fees on each property, a few properties could be done at once saving filing fees. Richardson also mentioned the possibility of forming an Outside MIDPOU Special Benefit Zone where future properties could be brought into district service since they would be funding their own special benefit.
A member of the audience felt that since the pipelines exist and must be maintained, a property leaving the district essentially relys on others to pay that property’s fees. The speaker was concerned with how many properties might leave and the effect on the district.
Merlin Jones commented that it appeared to be good for not only Mr. Martin, but the district as well if Mr. Martin could leave district service considering the water license and sustainable production of the Ranchito well. Jones suggested there might be a way to phrase the matter in a way acceptable to all parties.
President Kinsella asked for a motion to accept Mr. Martin’s proposal, but no motion was forthcoming. VP Richardson questioned whether the Board could use the same contract as with another property owner who had left district service where there was no language regarding reentry into the district in the future. President Kinsella suggested continuing the matter before the entire board in July (Directors Ross and Afanasiev were absent for this meeting).
Board Secretary Reeves advised she received an email that Pinnacle would not be attending today’s meeting.
SPECIAL ISSUE: Request by J. Turner to have Director Richardson report on his attendance at the LDPOA meeting
VP Richardson: Well first of all this all started prior to you (John Turner) being appointed to IGM and it was simply a proposal to include our hopefully returning Community Pipeline within the Discoverer newspaper as an insert. I thought that the concept in the letter was pretty clear however there seemed to be some confusion over how it would happen. Ahum, president Flossi advised it had nothing to do with their board, it was strictly a Foothill Express matter and therefore they had no vote on the matter, however, Ron Hunt was adamantly against it and he based this on a problem he had with CSD supposedly not living up to a contract with the LDPOA owners regarding Gregoris Pond. And ahum I just referred him to you I didn’t want to get into that conversation. I said you were the Interim General Manager and to see you about it but, the, pretty much the majority of the board was not in favor of co-operating with us by slipping it into the Discoverer so that the Discoverer could arrive representing land issues and inside that would be the Community Pipeline which would represent water. But they didn’t vote on it but they certainly weren’t thrilled with the idea.
IGM Turner commented that he requested the Gregoris Pond contract information however much of that is still in document recovery after the fire. Turner stated he would follow up on the matter as soon as he received the information.
Wes Barton mentioned prior discussions of that contract when he was on the board and problems on the LDPOA side regarding the length of the contract. Barton also stated that the pond is used by CalFire (helicopters dipping for water while involved with fire suppression).
[NOTE: The contact was written for 15 years despite LDPOA Governing Documents which provide for contracts of up to one year duration only. The last contract was signed by Dwight Mueller while he was president of the LDPOA.]
VP Richardson stated there were other issues involving Gregoris Pond including the inaccurate filing with the State Water Board decades ago that there is a creek which feeds the pond.
DIRECTOR COMMENTS: None
Meeting adjourned at 1433hrs
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My best to you and yours, Lew
