THE COMMISSIONERS OF THE CENTRAL MARIN SANITATION AGENCY HELD A MEETING AT THE AGENCY OFFICE Tuesday, October 13, :00 P.M.

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1 THE COMMISSIONERS OF THE CENTRAL MARIN SANITATION AGENCY HELD A MEETING AT THE AGENCY OFFICE Tuesday, 7:00 P.M. CALL MEETING TO ORDER Members Present: Members Absent: Staff Present: Public Present: OPEN PERIOD CONSENT CALENDAR Chair Sinnott called the meeting to order at 7:00 p.m. A quorum was present. Boro, Brown, Dupar, Johnson, Miller, and Sinnott None Nathan Brennan, Treatment Plant Manager; Mary J. Brown, Recording Secretary; Rob Cole, Environmental Services Manager; Ken Katen, Sr. Engineer. Additionally, Jack F. Govi, Agency General Counsel, attended the meeting. There were no names recorded on the sign-in sheet, however, there were members of the public present. There were no public comments. Commissioner Johnson asked to remove from the consent calendar Items 4.a. Minutes of September 9, 2009; 4.g. First Quarter Budget Status Report for FY ; and 4.i. Request for Proposals Design Services for the Administration Building Modification Project. M/s Miller/Johnson to approve the remaining items on the consent calendar: b. Treasurer s Report Operating Account September 2009 c. Treasurer s Report Revenue Bond September 2009 d. Schedule of Investments September 2009 e. Performance Metric Report September 2009 f. NPDES and Process Report September 2009 h. Environmental Compliance Supervisor Classification j. Revised Cooperative Safety Director Agreement to include the Participation of the Sewerage Agency of Southern Marin k. Award of Biotower Rotary Distributor Reconditioning Project The motion carried unanimously. 4.a. Minutes of September 9, 2009: Commissioner Johnson asked questions regarding the prepared statements that she and Commissioner Brown read at the September meeting. GM Dow clarified that read statements and handouts become part of the formal record and are filed Page 1

2 with the official binders in the secure storage area. He explained the Board policy on the recording of minutes. Commissioner Brown redistributed her statement from September so that it will be attached to the October materials in the official record. M/s Dupar/Miller to approve Item 4.a. Minutes of September 9, The motion carried with the following vote: Ayes: Boro, Dupar, Miller, Sinnott Noes: Brown, Johnson 4.g. First Quarter Budget Status Report for FY : Commissioners Johnson and Brown asked questions about services to invoiced, and about biosolids management expenses. GM Dow responded to each question. M/s Miller/Dupar to approve Item 4.g. First Quarter Budget Status Report for FY The motion carried unanimously. 4.i. Request for Proposals Design Services for the Administration Building Modification Project: Commissioner Johnson asked for clarification of the modifications being made as part of this project and GM Dow described the three elements in the project s scope of work. He explained that it is a budgeted capital project that has been discussed with the Board in the past. Commissioner Boro asked staff to bring back a report showing when this project has been discussed at prior Board meetings and for an accounting of which commissioners were present. M/s Boro/Dupar to approve Item 4.i. Request for Proposals Design Services for the Administration Building Modification Project. The motion carried unanimously. WET WEATHER IMPROVEMENT PROJECT MONTHLY REPORT SEPTEMBER 2009 BOND COUNSEL OPINION ON AGENCY REVENUE BOND PROGRAM GM Dow referred to a PowerPoint presentation and spoke about the WWIP construction highlights and expenditures. Pat Guasco, City of San Anselmo, asked where the project materials are staged. GM Dow responded. M/s Miller/Johnson to accept the Wet Weather Improvement Project monthly report for September The motion carried unanimously. GM Dow went over the staff report related to this item. He reviewed the Hawkins Delafield opinion of the permitted use of proceeds from the revenue bond. GM Dow stated Page 2

3 that the Agency s bond program is in full compliance with the bond documents and the law, and any remaining proceeds in FY 11/12 must be on used on Agency capital projects. The Board had a brief discussion on this informational item. There was no action taken. FATS OILS AND GREASE (FOG) SOURCE CONTROL PROGRAM FOR SANITARY DISTRICT #2 OF MARIN COUNTY (CORTE MADERA) GM Dow reviewed the staff report related to this item. He gave a summary of the development and implementation of FOG Programs for LGVSD, SRSD, and RVSD, and reviewed the formal request from SD2 for CMSA to develop their program. GM Dow highlighted that with a SD2 program, all Central Marin will have a standardized FOG program. Pat Guasco, RVSD, asked about CMSA accepting septage within and outside the service area. GM Dow and Robert Cole responded. GOVERNANCE COMMITTEE RECOMMENDED REVISION TO THE AGENCY RESPONSE TO THE JUNE 2009 MARIN GRAND JURY Dupar/Johnson to authorize the General Manager to develop a FOG Source Control Services Agreement with Sanitary District #2 of Marin County. The motion carried unanimously. GM Dow went over the staff report and explained that the response crafted at the September meeting did not align with how EDU counts and revenues are presented in the adopted Agency budget. GM Dow explained the process taken to seek clarification from the ad hoc committee to determine if a more accurate response should be recommended to the Board. Commissioner Johnson explained that she would prefer to have Ross Valley Sanitary District s EDU count show the combined totals for RVSD, San Quentin State Prison, and Larkspur as one sum. The Board discussed the various options available to address the Grand Jury Finding #6. Bruce Baum, City of San Anselmo, asked about the legality of amending prior actions made by the Board. Counsel Govi responded. M/s Johnson/Brown to include only the verbiage presented to the Board for consideration as the response to the Grand Jury and to omit all percentages or breakdowns related to distribution and revenues. The motion failed with the following vote: Ayes: Brown, Johnson Page 3

4 Noes: Boro, Dupar, Miller, Sinnott M/s Dupar/Boro to approve option #3 as the Agency s response to Finding #6 in the June 2009 Grand Jury Report. The motion carried with the following vote: Ayes: Boro, Dupar, Miller, Sinnott Noes: Brown, Johnson Commissioner Brown stated that she voted no because she did not feel comfortable with option #3 being the most accurate way to respond. BOARD OF COMMISSIONERS POLICY DEVELOPMENT GM Dow reviewed the staff report and explained that the Board has agreed with the Governance Committee s recommendation to develop policies recommended in the Grand Jury report. GM Dow asked if the Board is agreeable to develop the six policies pursuant to the development plan identified in the staff report. Pat Guasco, City of San Anselmo, stated his concerns with the tone of the letter from Counsel Govi attached to the staff report. Bruce Baum, City of San Anselmo, said that he does not believe that Commissioners have criticized staff at public meetings. Counsel Govi stated that he wrote a letter to the Commissioners in an effort to stop negative behaviors before the Board decorum policy is developed. Commissioner Boro asked that Commissioners share their Agencies decorum policies if they have them. Commissioner Brown asked that specific examples of snide comments, attacks of a personal nature, etc., be provided. Counsel Govi said he could give the examples privately. Commissioner Boro stated that it may be beneficial to have a third-party facilitator at the meeting or workshop where policies are discussed, and he asked GM Dow and Chair Sinnott to discuss this option. ROSS VALLEY SANITARY DISTRICT S RELOCATION REPORT M/s Dupar/Boro to select the recommended Board of Commissioner policies for development by staff and the Agency s legal counsel. The motioned carried unanimously. Chair Sinnott referred to an from RVSD stating that they will be moved offsite by the end of the year. GM Dow confirmed that this is a change from prior reports. Page 4

5 Commissioner Brown asked to see any reports from RVSD indicating they would move prior to the end of the year and GM Dow stated he would be happy to mail them to her. NORTH BAY WATERSHED ASSOCIATION (NBWA) REPORT Commissioner Dupar reported that at the September 11 th meeting, the NBWA group met and discussed an airport recreation project, the lateral program and public education, and climate change. At the October 2 nd meeting, the group discussed a restoration project at Point Reyes. VERBAL REPORT CLOSED SESSION OPEN SESSION DATE OF NEXT MEETING ADJOURN GM Dow went over his handout which addressed Agency business, including: The Public Education program will be utilizing a juggler to give educational shows to 20 schools this year Bob Adamson, CMSA Environmental Services Administrator, is retired after over 20 years of service A mercury thermometer exchange program is being considered Various aspects of the FY 08/09 Budget Performance Governor Schwarzenegger signed AB1232 (Huffman) into law A complaint made to the Marin DA by Mr. Bruce Baum of San Anselmo regarding the possibility that the CMSA Board violated the Brown Act was found to have no merit. The Board convened in Closed Session (at 9:12p.m.) per Government Code Section Conference with Labor Negotiator (CA Government Code Section : Austris Rungis, Human Resources Consultant, IEDA Employee Organization: SEIU 1021 and Unrepresented Employees The Board reconvened in Open Session at 9:55 p.m. There were no actions taken in Closed Session to report. The next regular commission meeting is TUESDAY, November 10, 2009 at 7:00 p.m. The meeting was adjourned at 9:56 p.m. Recording Secretary Secretary Page 5