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Bonds and Construction > Measure F > Minutes Citizens Bond Oversight Committee MINUTES (Approved) 5:30 p.m. August 5, 2002 Room 129 855 Lenzen Avenue San Jose, CA 95126 1. Call to Order The meeting was called to order by Chairman Tate at 5:30 p.m. 2. Roll Call: CBOC Members Present: Todd Elliott, Jill Escher, Dave Fadness, Dave Ferguson, Liza Ferras, Ernest Guzman, Allen Rice, Fred Schorr, C.C. Su, Greg West. CBOC Members Absent: Martin Cohen, Helen Solinski Board of Education
Representatives Present: Veronica Grijalva-Lewis, Carol Myers, Gary Rummelhoff Staff (SJUSD) Representatives Present: Joe Aversano, John Cimino, Chuck Corr, Marva deMarothy, Pete Pearne, Rosemarie Pottage, Ty Williams Others Present: Marilyn Cleveland, Attorney; Matt Gowan, Insurance 3. Adopt Agenda The agenda was adopted with the revised numbering of 9.3, 9.4, 9.5, and the reordering of item 9.2 as 8.0. 4. Approval of Minutes It was moved (Fadness), and seconded (West), to defer approval of the minutes from July 1, 2002, until the next CBOC meeting as a page was missing from the minutes document sent to CBOC members. Motion carried. 5. Public Comment Gerald Norve distributed two documents to the CBOC members: (1) a letter from his Almaden Valley Taxpayer's Association in regard to CBOC public postings at the Almaden Public Library and on the SJUSD website, and (2) a document titled Internal Control and Fraud Detecting: Prevention and Detection. 6. Consent Calendar There were no consent calendar items for this meeting. 7. Old Business 7.1 Measure F Auditor Selection Process Joe Aversano discussed an item proposed for approval at the August 8, 2002 Board of Education meeting recommending that the CBOC have 50% representation on the selection committee for the Measure F auditor Exhibit A. It was moved (Fadness), and seconded (Rice), to accept the report and recommend approval by the Board of Education. Motion carried unanimously. 7.2 Legal Services for CBOC Joe Aversano presented the report Exhibit B which is proposed for Board approval at their August 8, 2002 meeting recommending up to 40 hours of independent legal services for the CBOC. Discussion ensued regarding the amount of time recommended. It was moved (West), and seconded (Fadness)to recommend approval by the Board of staff’s recommendation. Motion carried unanimously. 7.3 Liability Insurance for CBOC Matt Gowan presented a certificate of liability insurance to the CBOC and discussed its provisions Exhibit C. It was moved (Fadness) and seconded (Elliot) to recommend approval of the liability insurance proposal changing the name of the insured to "the SJUSD 2002 Measure F Citizens Bond Oversight Committee." Motion carried unanimously. 8. New Business 8.0 2002-2003 Bond Projects (was Agenda Item 9.2) Chuck Corr reviewed a Bond Project list outlining known bond projects, those under consideration, and other near-term commitments Exhibit D. A lengthy discussion ensued as to the appropriateness of items on the list as compared to the project list which was included in the ballot. Some members of the committee felt that the Empire Gardens project and the Downtown College Preparatory project are supported by the ballot language, others disagreed. There seemed to be consensus that all of the other items mentioned in the report are not supported by the ballot language. It was moved (Escher) and seconded (Rice) to issue a report, posted on the website, to the Board of Education that certain proposed expenditures may be unlawful. It was moved (Rice) and seconded (West) to table the motion and vote to accept or reject the report. The motion to table failed on a roll call vote (4:6). In the ensuing discussion a substitute motion was presented (Escher) and seconded (Elliot) that the CBOC "…recommend to the Board of Education that it proceed with caution before approving expenditures of Measure F funds on any project not specifically listed in the ballot measure because the Committee is concerned that such discretionary expenditures may be unlawful. In addition, we ask the Board to refrain from authorizing expenditures of Measure F funds until the Implementation Plan is developed and reviewed by the Committee, unless such expenditures are urgent in nature." Motion carried unanimously. 8.1 Bylaws: Report from Code of Conduct Subcommittee Subcommittee Chair Dave Fadness presented a proposed set of Bylaws from the Code of Conduct Subcommittee Exhibit E. Suggestions were made for revision of language in Sections 2.3 and 5.8. Member Escher requested that a section be added relating to website posting (meeting minutes, etc.) which the Committee decided to address by developing a separate set of "Committee Procedures" which will be referenced in Bylaws Section 5.8. It was moved (Elliot), and seconded (Ferguson), to approve the Bylaws as amended. Motion carried unanimously. After review by subcommittee members Mr. Fadness will submit the revised version of the Bylaws in the next meeting packet. 8.2 Code of Conduct: Report from Code of Conduct Subcommittee Subcommittee Chair Dave Fadness presented the proposed code of conduct Exhibit F. It was recommended that item number six (#6) be amended to state that "...members of the CBOC do not forfeit their rights under the California Public Records Act." It was also recommended that the words "personal or financial" be deleted from item number seven (#7). It was moved (Elliot) and seconded (Schorr) to approve the Code of Conduct as amended. Motion carried unanimously. After review by subcommittee members Mr. Fadness will submit the revised version in the next meeting packet. 8.3 Meeting Guidelines: Report from Code of Conduct Subcommittee Subcommittee Chair Dave Fadness presented the meeting guidelines Exhibit G. Minor revisions and rearrangements were requested and Chuck Corr’s suggestion was accepted that reports from Committee members and staff be a standing item on all Committee agendas. It was moved (Elliot) and seconded (Schorr) to approve the Meeting Guidelines as amended. Motion carried unanimously. After review by subcommittee members Mr. Fadness will submit the revised version in the next meeting packet. 8.4 Frequency of CBOC Meetings Charles Tate recommended that the CBOC convene on the 3rd Monday of each month at 5:30 p.m., through July 21, 2003. It was moved (Escher) and seconded (Rice) to accept this meeting schedule. Motion carried unanimously. 9. Reports 9.1 Bond Sale Rosemarie Pottage reviewed the recent sale of the first bonds Exhibit H. It was moved (West) and seconded (Schorr) to accept the report. Motion carried. 9.2 2002-2003 Bond Projects (See item 8.0 above.) 9.3 Budget Primer Joe Aversano shared a list of budget terms with the CBOC Exhibit I. It was moved (Fadness) and seconded (Rice) to accept the report. Motion carried. 9.4 Introduction to Deferred Maintenance Rosemarie Pottage and Pete Pearne reviewed the State's deferred maintenance program with the CBOC Exhibit J. Ms. Pottage also distributed copies of the State's Deferred Maintenance Program Handbook http://www.opsc.dgs.ca.gov/School+Energy+Programs/Default.htm It was moved (West) and seconded (Fadness) to accept the report. Motion carried. 9.5 Brumm Letter Response Marilyn Cleveland discussed a letter she had prepared for review by the CBOC. Following some discussion it was moved (Fadness) and seconded (Schorr) to continue this item to the September CBOC meeting and request Bond Counsel to attend. Motion carried. 10. Items for Future Agenda 10.1 Election of CBOC Secretary 10.2 Committee Procedures for CBOC Meeting Minutes, Website Content, and Publishing 10.3 Deferred Maintenance 10.4 Web Design Presentation and Website Publishing Discussion 10.5 Selection of a Bid Process Review Subcommittee 10.6 Selection of an Auditor Selection Subcommittee 10.7 Report on: Creation of Expenditure; Receive and Investment of Bond Sale 10.8 Whether or not to create an Interim Report for 2002-03 10.9 Continue Discussion of Response to Brumm Letter (Old Business) 10.10 Other (per CBOC request)
Meeting adjourned at 9:58 p.m. |