COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT

Board of Trustees Meeting

September 11, 2007

Call To Order:

President Duran called the meeting to order at 6:00 p.m.

Pledge of Allegiance:

Trustee Howell led the Pledge of Allegiance. President Duran called for a moment of silence for those lost in the September 11th attacks six years ago.

Roll Call:

Those present at roll call: President Duran, Vice President Fuschetti, Secretary/Treasurer Underwood, Trustees Baker, Henderson, Howell, Laflin, Lock, Macknicki, Nigosian, and Walker. Also present were General Manager Donald Gomsi, Assistant to the General Manager Diane Glanz, Administrative Services Manager Brian Passaro, Administrative Assistant Anita Jones, Operations Manager James Saulnier, Finance Administrator David I’Anson, and Legal Counsel Lisa Copeland.

1. Confirmation of Agenda:

Legal Counsel Copeland requested that the board consider adding two late breaking items be added for closed session: Conference with Legal Counsel pursuant to Government Code Section 54954.2. A closed session conference with legal counsel pursuant to Government Code Sections 54956.9 (c) (1) 1 potential case and subsection 54956.9 (a) Coachella Valley Mosquito and Vector Control District v. Highland Partnership etc. pending in San Bernardino Superior Court, as case number SCVSS128839. Trustee Underwood made the motion to confirm the Agenda with the added closed session items. Trustee Baker questioned the cause for urgency. Legal Counsel Copeland responded that the urgency first to matters that came to the attention of legal counsel after the posting of the agenda, and the other relates to proposed settlement of litigation that happened after the posting of the agenda. A discussion ensued. The motion was seconded by Trustee Walker and carried with ten (10) approved (Duran, Fuschetti, Henderson, Howell, Laflin, Lock, Macknicki, Nigosian, Underwood, and Walker) and one (1) opposed (Baker).

2. Minutes

A. Approval of Minutes for August 14, 2007 Board Meeting.

Trustee Nigosian made the motion to approve the minutes for the August 14, 2007 Board Meeting. The motion was seconded by Trustee Howell and carried unanimously.

3. Public Comment:

None.

4. Announcements:

Legal Counsel Copeland announced that on Monday, September 10th, Riverside County Superior Court Judge James Cox set a hearing on the District’s motion for reconsideration of the court’s prior order dismissing its lawsuit against the City of Desert Hot Springs under the anti-SLAPP provisions. The motion for reconsideration was based on new evidence obtained by the District as a result of late compliance by Desert Hot Springs with the District’s prior public record request. The hearing has been set for October 1, 2007.

General Manager Gomsi announced that he would like to welcome new Trustee Terry Henderson, representing La Quinta, to the Board. Trustee Henderson briefly introduced herself. General Manager Gomsi went on to announce that he and Trustees Fuschetti and Nigosian delivered a plaque and card to former Trustee Perkins thanking him for his time and dedication to the District. General Manager announced that the Imperial Dam tour is October 15th, and if any one would like to sign up, to please contact him. General Manager Gomsi also announced that a friend of the District, David Garcia, passed away. He had done various articles and reports on the Red Imported Fire Ants, mosquitoes, and on the District in general. He also related that the auditors spoke with him and stated that this was the best they have ever seen the books since they have been doing the audit and that everything is in order. General Manager Gomsi also announced that Field Supervisor Peter Bonkrude is leaving to accept a job with the State Department of Health Services in the Redding area. Additionally, General Manager Gomsi announced that Assembly Bill 1646 is currently being followed by MVCAC. The bill may impact local California districts where local health care provider districts can form districts without having to go through LAFCO and the Board of Supervisors can establish a public health district for specified purposes. These districts would be no different than a vector control district; so, it is something that may dilute the vector control districts and their powers. MVCAC is looking closely at the matter.

5. Correspondence:

As in board packet. Additional correspondence included a letter from the City of La Quinta appointing Terry Henderson to the Board of Trustees and a letter General Manager Gomsi sent to Dr. Bill Reisen supporting his proposed research for UC Davis.

6. Approval of Expenditures for August 15-31, 2007, and September 1-11, 2007:

Trustees Baker and Lock stated their concern that $15,000 in legal fees was presented with no back up or detail. A discussion ensued. Trustee Macknicki made the motion to approve the expenditures for August 15-31, 2007, and September 1-11, 2007. The motion was seconded by Trustee Underwood and carried with ten (10) approved (Duran, Fuschetti, Henderson, Howell, Laflin, Lock, Macknicki, Nigosian, Underwood, and Walker), and one (1) against (Baker).

7. Committee Reports

A. Finance Committee:

Trustee Underwood gave a brief report on finances and explained some of the larger expenses. He reported that the Finance Committee met on September 10th, and the items discussed were the audit and the District’s income sources.

B. Executive Committee:

President Duran reported that the Executive Committee had met and the minutes are in the Board Packet. President Duran also stated that Trustee Nigosian has requested to pass the position of Chair of the Strategic Planning Committee to Trustee Lock and the change will be noted.

8. Report of District Activities:

A. Updates on District programs; progress and events since the last Board Meeting; reports by:

1. Administration – Brian Passaro

2. Laboratory – Melissa Snelling

3. Biocontrol – Gerald Chuzel

4. Operations – Jim Saulnier

5. Community Outreach – Diane Glanz

Short program updates were given by Administrative Services Manager Passaro, Assistant Vector Ecologist Snelling, Fishery Biologist Chuzel, Operations Manager Saulnier, and Assistant to the General Manager Glanz.

9. Informational Items:

A. Bed Bugs

As in Board Packet.

10. Consent Calendar:

A. Approval for Board President, General Manager, Scientific Operations Manager, Fishery & Environmental Biologist, and two additional staff members to attend the Mosquito and Vector Control Association of California Quarterly Fall Meeting in Lake Tahoe, October 31 – November 2, 2007. Amount not to exceed $6,500 from Fund 6110.01.225 – Conference Expense and $1,300 from Fund 6120.01. 250 – Trustee Support.

B. Approval for the Finance Administrator to attend the Government Finance Officers Association (GFOA) Training - Intermediate Governmental Accounting, October 3- 5, 2007, in Sacramento, CA in an amount not to exceed $1500 from Fund #7600.01.225 – Staff Training.

C. Approval to purchase two handheld mapping units with accompanying software to supplement the Operations Department adulticiding activities in an amount not to exceed $8,000.00 from Fund #7750.01.500 – Field Supplies. – Operations Manager Saulnier

Trustee Underwood made the motion to approve the Consent Calendar. The motion was seconded by Trustee Nigosian and carried with ten (10) approved (Duran, Fuschetti, Henderson, Howell, Laflin, Lock, Macknicki, Nigosian, Underwood, and Walker) and one (1) opposed (Baker).

11. Old Business:

A. Discussion and/or approval regarding majority needed for Code of Conduct violations – Executive Committee.

Trustee Nigosian made the motion to approve Item 11A. Trustee Lock commented that the Executive Committee is only recommending a simple majority and almost every legislative body has a two-thirds vote and stated that she would be voting against this item. A discussion ensued. The motion was seconded by Trustee Laflin and carried with eight (8) approved (Duran, Fuschetti, Henderson, Laflin, Macknicki, Nigosian, Underwood, and Walker) and three (3) opposed (Baker, Lock, Howell).

B. Presentation and update regarding Sphere of Influence Boundaries and Vector Control Service for Riverside County – General Manager Gomsi

General Manager Gomsi gave a presentation updating the Board regarding the Sphere of Influence Boundaries and Vector Control Service for Riverside County. No action required.

12. New Business:

A. Approval to purchase two (2) EZ-Go ST-480 Work Horse carts from lowest responsible bidder from Fund #8415.01.500 – Field Operations Capital Outlay in an amount not to exceed $20,000.00. – Operations Manager Saulnier

Trustee Howell questioned that since it was 100% of the budget if it was anticipated that no additional requests of this line item would occur the rest of the year. Operations Manager Saulnier responded that that was correct. Trustee Laflin made the motion to approve the Item 12A. The motion was seconded by Trustee Henderson and carried unanimously.

13. Closed Session:

A. CLOSED SESSION – Closed Session Conference with Legal Counsel Pursuant to Government Code section 54956.9 (a), Coachella Valley Mosquito and Vector Control District v. Desert Hot Springs pending in Riverside County Superior Court as Case No. INC 068335. 

B. CLOSED SESSION – Potential Litigation – Conference with Legal Counsel pursuant to Government Code section 54956.9 (c).

C. CLOSED SESSION – Closed Session Conference with Legal Counsel Pursuant to Government Code section 54956.9 (c), Coachella Valley Mosquito and Vector Control District v. Highland Partnership etc. pending in San Bernardino Superior Court as Case No. SCVSS128839. 

President Duran stated that there was no reportable action coming back into open session.

14. Trustee Comments:

None.

15. Adjournment:

Trustee Fuschetti made the motion to adjourn. Trustee Howell seconded the motion and was carried unanimously. President Duran adjourned the meeting at 8:11 p.m.