EXHIBIT D.1

MINUTES OF THE REGULAR MEETING OF THE MCKINLEYVILLE COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS

HELD ON APRIL 16, 2008 AT AZALEA HALL, 1620 PICKETT ROAD, MCKINLEYVILLE

 

AGENDA ITEM A.1-CLOSED SESSION (6:00PM) AS PER GOVERNMENT CODE SECTION 54957 FOR PERSONNEL DISCUSSION REGARDING ONGOING INVESTIGATION FOR EMPLOYMENT EMBEZZLEMENT/HARASSMENT:  President Corbett called the meeting to order at 6:00pm with Directors Dunk, Edwards, Reid and Wennerholm present.  The Board adjourned to the senior room per Gov. code section 54957.  The Board came out of closed session at 6:59pm.

 

AGENDA ITEM A-CALL TO ORDER, FLAG SALUTE AND ROLL CALL:  At 7:00pm President Corbett called the regular meeting to order with all Directors present.  Director Edwards led the pledge of allegiance.  President Corbett made a report from closed session: “The allegations that the General Manager was involved in embezzlement, collusion with embezzlement and cover up were deemed to be baseless and without merit, and all regular personnel functions were being returned to the Manager”.

 

AGENDA ITEM B-PUBLIC HEARINGS-NONE

 

AGENDA ITEM C-ORAL AND WRITTEN COMMUNICATIONS:  President Corbett opened oral and written communications and closed with no comments received.

 

AGENDA ITEM D-CONSENT CALENDAR:

  1. Accept Minutes of the March 19 Meeting
  2. Accept Treasurer’s Report for February and Check Register for March
  3. Accept Minutes of the March 29 Special Meeting
  4. Approve Main Extension Application for Mr. Smith
  5. Approve Service Disconnections for DCV Violations
  6. Approve Main Extension Application for Mr. Hosford
  7. Approve Main Extension Application for Mr. Lawrence

MOTION:  Moved to approve the consent calendar.  Motion by Edwards; second by Wennerholm.

MOTION VOTE:  Yeas: Dunk, Edwards, Reid, Wennerholm, Corbett

VOTE SUMMARY:  Motion passed—5 YEAS; O NAY; O ABSTENTION

 

AGENDA ITEM E1-DISCUSS NEW DISCHARGE PERMIT FROM RWQCB:  President Corbett recused himself due to a concern expressed by the public.  He turned over the gavel to Vice President Wennerholm and left the podium for the duration of discussion.  Manager Marking reviewed the new permit requirements received from the RWQCB that will take effect on August 1, 2008, expressing his frustration and concern with the new requirements and the short time frame for compliance.  Six members of the public addressed the Board with questions and concerns.  After much Board discussion Manager Marking advised the Board that staff will be requesting an extension and will be meeting with the Regional Quality Control Board and local engineers and will keep the Board updated on this matter.  Director Dunk felt it would be most cost effective to educate the public to prevent pollutants from first entering our system.  No action was taken.  President Corbett briefly reviewed the law regarding conflict/recusal and reported he would be seeking a legal opinion, although a prior legal opinion was that there was no conflict. 

 

AGENDA ITEM E2-POWER POINT PRESENTATION FOR PG&E ENERGY STUDY:  Manager Marking handed out copies of the Integrated Energy Audit recently done and briefly reviewed the report and summary of energy efficiency opportunity savings and costs.  He added that staff would begin upgrades with the North Bank Pump Station and will be reporting to the Board on progress made.  There were no Board questions or public input.

 

AGENDA ITEM E3-CONSIDER APPROVAL OF THE GENERAL MANAGER’S CONTRACT:  President Corbett reported that the Board and Manager have reached an agreement on the basic items of the contract, but were waiting for explicit language from legal counsel. 

MOTION:  It was moved to remove the word NO from item #2 in the list of items of contract agreement to read “This is an annual contract with a contract termination date of May 1, 2009, with allowances made for renewal or extension”.  Motion by Wennerholm; second by Edwards.

MOTION VOTE:  Yeas: Edwards, Wennerholm, Corbett.  Nays: Dunk, Reid. Abstain: none

VOTE SUMMARY:  Motion passed--3 YEAS; 2 NAYS; 0 ABSTENTIONS

 

AGENDA ITEM E4-POWER POINT PRESENTATION FOR WWMF AND PROJECTS:

Operations Director Orsini gave a power point presentation to update the Board and public on the treatment marsh, plant upgrade and other projects.  The presentation was well done and enjoyed by all.

 

AGENDA ITEM E5-NOMINATION OF LAFCO VACANCY FOR A PUBLIC MEMBER:  President Corbett asked if there were any nominations to fill the LAFCO vacancy.  As the Board had no suggestions or comments, President Corbett opened public input and closed with no comments received.  No nominations were made to fill this vacancy.

 

After a short break President Corbett called the meeting back to order and announced that Director Reid had to leave the meeting early.

 

AGENDA ITEM E6-ADOPT RESOLUTION 2008-5 AUTHORIZING INVESTMENT OF MONIES INTO THE LOCAL AGENCY INVESTMENT FUND:

MOTION:  It was moved to approve Resolution 2008-05 to authorize investment of monies in the local agency investment fund.  Motion by Edwards; second by Wennerholm

MOTION VOTE:  Ayes: Dunk, Edwards, Wennerholm, Corbett.  Absent: Reid

MOTION SUMMARY:  Motion passed--4 YEAS; 0 NAYS; 1 ABSENT

 

AGENDA ITEM E7-SEND OUT REQUEST FOR PROPOSALS FOR AUDITING SERVICES:

MOTION:   It was moved to approve the RFP for auditing services and direct staff to solicit proposals.  Motion by Edwards and second by Dunk

MOTION VOTE:  Yeas: Dunk, Edwards, Wennerholm, Corbett.  Absent: Reid

MOTION SUMMARY:  Motion passed—4YEAS; O NAYS; 1 ABSENT

 

AGENDA ITEM E8-ADOPT A NEW GENERAL MANAGER EVALUATION FORM:

MOTION:  It was moved to approve and adopt the new Manager Evaluation form as presented.  Motion by Edwards; second by Wennerholm

MOTION VOTE:  Yeas: Dunk, Edwards, Wennerholm, Corbett.  Absent: Reid

MOTION SUMMARY:  Motion passed—4 YEAS; 0 NAYS; 1 ABSENT

 

AGENDA ITEM F-REPORTS:

F1a-Support Services Department:  No report was made.

F1b-Operations Department:  Operations Director Orsini had nothing to add.

F1c-Parks and Recreation Department:  No report was made.

F1d-General Manager:  Manager Marking had nothing to add.

F2a-RAC:  No report was made.

F2b-RREDC:  Director Edwards gave a brief report from the last RREDC meeting.

F2c-McK Senior Center:  Director Wennerholm had nothing to report.

F3-Chairman’s Report:  President Corbett referred to his report in the packet and reiterated that the Manager’s evaluation was complete and the Board meeting notice of September 19, 2007 was rescinded.

F4-Announcements From Directors on Topics of Interest:  President Corbett announced that Board training was scheduled in Garberville on May 6th, encouraging the Directors to attend if possible.

 

AGENDA ITEM G-ADJOURNMENT:  With all business complete President Corbett adjourned the meeting at 9:00pm.

                                                                                                                               

Respectfully Submitted,

 

 Sharon L. Denison, Secretary