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HomeMy WebLinkAboutWater Board - Minutes - 09/27/2007Fort Collins Utilities' Water Board Minutes Thursday, September 27, 2007 Water Board Chairperson City Council Liaison Doug Yadon, 484-3611 David Roy Water Board Vice Chairperson Staff Liaison Gina Jarrett, 493-4677 DeEtta Carr, 221-6702 Roll Call: Board Present: Chairperson Doug Yadon, Vice Chairperson Gina Jarrett, Steve Balderson, John Bartholow, Mike Connor, Johannes Gessler and Gary Wockner BoardAbsent: Eileen Dornfest, Phil Phelan, Dave Pillard and Reagan Waskom Staff.- Patty Bigner, Dennis Bode, Terri Bryant, Steve Comstock, Carrie Daggett, Laurie D'Audney, Joyce Grenz, Jim Hibbard, Brian Janonis, Jenny Lopez Filkins, Bob Smith, Susan Smolnik and Dennis Sumner Meetin¢ Convened Chairperson Doug Yadon called the meeting to order at 5:10 p.m. Public Comment No public comment Approval of Minutes — August 23, 2007 Board Member Johannes Gessler made a motion, seconded by Board Member Mike Connor to approve the minutes from the September 27, 2007, meeting. The motion passed unanimously. An amendment was made to the August 23, 2007, meeting. There was a question whether Mr. Waskom was in attendance and he stated that he was not in attendance at the August 23, 2007, meeting. Water Board Role and Procedures Deputy City Attorney Carrie Daggett gave a presentation on the legal foundations and procedures that pertain to the Water Board and how by using these, the Water Board can get the best results out of its meetings and comply with the City Council's policies. This presentation was given at the request of the Water Board. Ms. Daggett began with a public memo with attachments including portions of the City Charter and City Code, an abbreviated Rules of Order document that summarizes parliamentary procedure concepts, an excerpt from a Colorado Municipal League Water Board Meeting Minutes September 27, 2007 Page 2 publication on Conduct of Meetings (which she noted is very old but still the one referenced in City policies), a Boards and Commission manual, and a copy of the By Laws of the Water Board. The City Clerk publishes the City Charter, and Ms. Daggett explained that the City Charter is like a constitution for the organization that is voter -approved. She selected some pieces of the City Charter that apply to the Water Board in particular, and explained that the City Council can't change the Charter on its own, but has to ask the voters to approve changes. The Charter is the most set -in -stone governing document, at a local level, of any City documents. The City Charter has specific language allowing Council to set up boards like the Water Board with size, composition and functions determined by the Council. The Council defines what the role of the Water Board is and sets those functions. There are other specific Charter provisions that apply to the Board, including the conflict of interest provisions. The next level of governing authority is the City Code. Code provisions are created by adoption of ordinances by the City Council approving new or modified language. Any permanent laws or requirements of the City are required to be documented in the City Code. Code -specified functions of the Water Board are on pages 11, 12 and 13 of this provided document. They are of importance to the Water Board because these are the items this Board has been charged with acting on and advising the City Council. In the Code, there are also certain rules of conduct such as maintaining confidentiality of items discussed in executive sessions. The table of contents for Chapter 10, which contains the floodplain regulations, was provided for the Board's information, and it was pointed out that the specific provisions that govern floodplain variances is in this Chapter and was updated recently. The table of contents for Chapter 26, which pertains to Utilities and other matters that could come before the Water Board, was also provided. Ordinances are the mechanisms the City Council uses to take action on items of a particular magnitude. The Charter requires that Ordinances be used to adopt a law that is going into the Code, appropriating funds, approving a long-term lease, or certain other kinds of actions affecting the use of private property or establishing violations to be enforced in Municipal Court. An ordinance takes two Council meetings and is not effective until 10 days after it is adopted, as some ordinances can be subject to protest by citizens once adopted. The City Council approves planning and policy actions by resolution, which takes one vote by the Council and is effective immediately. Many policy changes considered by the Water Board are done by resolution. Ms. Daggett highly recommended members of the Water Board review and become familiar with the Boards and Commission Manual, a useful resource regarding the service on the Water Board, and the kinds of expectations and requirements that apply to Water Water Board Meeting Minutes September 27, 2007 Page 3 Board members. This document was approved by City Council, which contains City Council policy, and governs what the Water Board does. Board Member Mike Connors asked how the advice from the Water Board gets to City Council. Ms. Daggett said the most common way was the items the Water Board had considered and made a recommendation on went to City Council with the materials Utilities Staff put together for the City Council review. This would describe the action the Water Board recommended and include a copy of the minutes. Interim Utilities General Manager Brian Janonis said that anything the Water Board has to present to Council will have the minutes from the Water Board pertaining to the agenda item. Also, the Council Liaison can be a conduit for communicating what the Water Board discussed regarding an agenda item. Water Board Chairperson Doug Yadon also sends a summary to City Council for review of certain agenda items. Board Member John Bartholow said the bylaws made no mention of proxies. Ms. Daggett said she was not aware of any City board using proxies because of the way some of the Code and procedures are written. It would make it hard to count someone not in attendance as part of the quorum and as present and voting. There has been discussion of allowing participation by conference call, which may be helpful in some instances when a Board Member is unable to attend a meeting. It would have to be done on a conference phone so all members could hear what was being said. Ms. Daggett noted that she will double-check to confirm that this can be allowed. Ms. Daggett said a key concept regarding conduct of meetings is that the Chair is in charge, and it is his role to keep the meeting on track. Ms. Daggett has confirmed with Mr. Janonis that he is the Staff Liaison for the Water Board. Where there are projects to be completed, they need to come to the Staff Liaison through the Service Area Director, which, for the Water Board, is Brian Janonis. The Code and Manual require Board bylaws. The Board was provided a copy of the most recent Water Board bylaws from 1996, which need to be updated so the Board is functioning in a manner consistent with its bylaws. The Water Board is required to have an agenda for its meetings, which is posted. If items come up during the meeting, it is preferable to request they be on the next month's agenda. The Water Board can't conduct any business unless there is a quorum based on the number of seats on the Board, not the number of people currently appointed. For the Water Board, six is a quorum. There is an attendance requirement for Board Members. If a Board Member misses three or more meetings without giving written notice, that member is automatically removed from the Board. Minutes of Board meetings are generally in summary form, but should include the reasons given for yes and no votes, the motions made and voting outcomes. As part of a general overview of the manner of proceeding at a meeting, Ms. Daggett noted that discussion on a motion is to take place before voting and once an item has been voted on, the Board then moves to the next item, unless there is a motion to reconsider by someone on the prevailing side of the prior vote. Water Board Meeting Minutes September 27, 2007 Page 4 Water Conservation Plan Utilities Customer Employee Relations Manager Patty Bigner gave a brief overview of the Utilities Water Conservation Plan. Started in 2004, the planning process was revised to incorporate the State's new water conservation plan guidance documents. A consultant, Aquacraft, was hired to help with the water use projections for various alternatives. Market research done in 2007 showed of all the Utilities' programs offered to the community, the water conservation programs are the best known. The programs have been going for over 30 years with the drought really elevating the profile of water conservation and lowering the demand. Water Conservation Specialist Laurie D'Audney said that the plan will be a roadmap to guide future conservation efforts. It's a chance to look at the water supply, our water savings goals, and consider what conservation measures fit into our long-term objectives. Since 1992, the Water Demand Management Policy guided the City's water conservation efforts. This policy was the basis of a water conservation plan approved by the State in 1996. In 2003, the Water Supply and Demand Management Policy was adopted by Council and plans for a new water conservation plan began. The draft plan includes programs dealing with education and public information, water rates and usage information, outdoor efficiency with landscapes and irrigation, fixtures and appliances for commercial and residential, water reuse systems, and regulatory and operational measures. An implementation plan and budget are also included. The draft water conservation plan will be available for public comment for 60 days, from Oct. 8 — Dec. 7. An open house will be held on Nov. 1 with displays and a presentation about the plan. Public comment may be submitted online or by mail. After the comments are compiled, the Water Conservation and Public Education Committee will meet to discuss the comments and recommend revisions to the plan. The next step will be to bring a final draft to the Water Board in January to ask for a recommendation to Council for approval. The plan will be taken to City Council for adoption in the first quarter of 2008. After that, it will go to the Colorado Water Conservation Board for approval. Board Member Mike Connor wanted to see more Xeriscape planting within the City, maybe partnering with nurseries. Ms. D'Audney said that could be done. Ms. Janett asked for enforcement of water waste from outdoor irrigation at night. She wants to emphasize that commercial and industrial water use is a good place to save water through education and enforcement. Ms. Janett was also interested in comparing water use in older neighborhoods to newer ones. Mr. Bode said the older neighborhoods used less water. After several questions regarding the Water Conservation Plan and some charts from the plan, a suggestion was made by Chairperson Doug Yadon to include an executive Water Board Meeting Minutes September 27, 2007 Page 5 summary to give an overview of what's included in the plan. Members of the Water Board are pleased with the Water Conservation Plan and feel this is a great start. Water Supply — Reagan Waskom — Chair John Bartholow said he had e-mailed a report and would be happy to answer any questions. Legislative, Finance, Liaison Issues — DavidPillard, Chair —Nothing. Conservation and Public Education — Eileen Dornfest, Chair — This was discussed at some length during the Water Conservation Plan presentation. Engineering — Steve Balderson, Chair — A meeting has been scheduled to take a look at the work plan on October 12, 2007. Board Member Balderson asked to have a high-level summary of the projects on the books that will take place in the next two to five years. Staff Reports Water Board Members have the reports in their packets for their review. Other Business AWWARF Report Discussion - To be put on the future agenda. Legislative Policy Agenda - In the meeting packets. NISP - Co -Chair Janett met with all four boards. Report in packet for review. Adjournment The Water Board meeting adjourned at 7:30 p.m. 1J JoVe 04Board Se4etary