MVCAC Board of Directors Meeting
West Valley MVCD
1295 E. Locust Street
Ontario, CA 91761
July 23, 2009
Board Members in Attendance:
John Rusmisel, Alameda County MAD
Jerry Davis, Turlock MAD
Robert Gay, San Mateo County MAD
David Brown, Sacramento-Yolo MVCD
Jon Blegen, Solano County MAD
Michael Kimball, Sutter-Yuba MVCD
John Stroh, San Joaquin County MVCD
Mitchel Weinbaum, Compton Creek MAD
Michael Cavanagh, Kings MAD[1]
Henry Morgan, San Gabriel Valley MVCD[2]
The meeting of the Board of Directors of the Mosquito and Vector Control Association of California was called to order at 9:01 a.m. by President John Rusmisel. West Valley MVCD Manager Min-Lee Cheng welcomed attendees to the district.
Director Jon Blegen moved to approve the minutes of the May 7, 2009 Board of Directors meeting. Director Bob Gay seconded; the motion passed unanimously.
President’s Report
President Rusmisel informed the Board that we have sent a letter to Governor Schwarzenegger, requesting an exemption to Proposition 1A borrowing of funds; he noted that it is not too late to contact local legislators to request an exemption, and encouraged attendees to do so. We are currently in contact with Mike Chrisman, the Secretary of the Natural Resources Agency, and working to have mosquito and vector control added to the California Environmental Quality Act (CEQA) checklist. We have also sent a letter to University of California President Mark Yudof to request further information about the funding of the Mosquito Control Research Program; he has not been helpful yet but we are following up with a response.
President Rusmisel, Executive Director Catherine Smith and Vicki Kramer will be meeting with Dorothy Rice, Executive Director of the State Water Resources Control Board, on July 30. They will discuss the NPDES permit for adulticide use in California; it is expected that a draft of the permit will be released by that date. He also reported that the Executive Committee has been meeting monthly, and that planning for the 2010 conference is going well.
President Rusmisel indicated that Karl Malamud-Roam would be providing a summary of current legal, regulatory and legislative issues. He mentioned that as Malamud-Roam is leaving California to work jointly for DOD/USDA at Rutgers, he will no longer be involved with MVCAC.
Malamud-Roam provided attendees with a summary of current legal, regulatory and legislative issues pertinent to the mosquito and vector control community. The Clean Water Act (CWA) lawsuit has received a court stay until April 2011, meaning that districts could still be sued in this period but would have a solid defense.
Malamud-Roam provided a report of pertinent legal issues across the country: in the 9th Circuit Court of Appeals, the Gem County Mosquito Abatement District of Idaho recently lost their legal fee case; we should anticipate a joint legal fund sometime in the future. In the 2nd Circuit Court of Appeals a district won a clean water suit, which allowed the entity to forego a permit.
It is anticipated that there will be a clean water permit required for pesticides by federal regulation, but nothing final has been released yet. Malamud-Roam is preparing feedback to give on the state permit for pesticide use, and anticipates that a draft will be finalized by August 3. He mentioned some of the potential issues districts may encounter with permits, including restrictions on agents like piperonyl butoxide (PBO), whose ecological toxic effects are largely unknown. We should anticipate spending $20,000-25,000 on studies centered on PBOs, for the permit’s sake.
In terms of permitting, Malamud-Roam does not believe that districts should have to be permitted for using pesticides. We are in support of a proposed amendment to the CWA sponsored by AMCA which would allow that the discharge of pesticides within the instructions of their use does not constitute as a pollutant.
President Rusmisel asked whether districts should seek a permit soon, regardless of the court stay until 2011; Malamud-Roam advised to hold off and not adopt a permit as we do not agree with it. However, the permit process is lengthy so districts should be prepared to apply for one if 2011 approaches and our legal support wanes.
President Rusmisel recommended to the Board that Gary Goodman of Sacramento-Yolo Mosquito & Vector Control District be appointed the chair of the ad hoc NPDES Committee.
Executive Committee Report
No report at this time.
Executive Director’s Report
Executive Director Catherine Smith reminded members that nominations for Honorary Members need to be submitted prior to the fall meeting in October. The state budget is expected to be approved soon, with the Senate on-call for a 2:00 p.m. meeting today.
She explained the ramifications of proposed suspension of Proposition 1A – it would mean a borrowing of 8% of local government secured property taxes by the state. In the past mosquito and vector control districts have been exempted, but this time it is expected to be across the board, with a sole ‘hardship provision’ for bankrupt or nearly bankrupt entities.
Executive Director Smith reported that there is a survey going out soon to get feedback on the MVCAC Legislative Day versus the Day in the District. The salary survey this year is going back to a full survey, like those done prior to 2008. Members will be able to log in to the website and submit the survey online, which will be easier and more efficient. Yearbooks and Red Books went out to districts a few months ago.
Treasurer’s Report
Becky Cline reported that the MVCAC financial statements as of June 30, 2009 are enclosed in the packets but were delayed due to Bank of America reconciliations not being received in a timely manner. She will be working with staff bookkeeper Tony Willert to get our statements online so they can be reconciled much earlier in the month.
MVCAC came in under budget for the 2008-2009 fiscal year, at 87% of the budget. The 2007-2008 audit is complete, and the 2008-2009 audit will be scheduled soon, now that the prior fiscal year’s books are closed.
Cline reported that the net income of over $176,000 will be put back into the reserves.
Director Michael Kimball moved to approve the treasurer’s report as presented; Director Gay seconded. The motion passed unanimously. Director Mitchel Weinbaum moved to approve the 2007-2008 fiscal year audit as presented; Henry Morgan seconded. The motion passed unanimously.
Trustee Committee
Henry Morgan reported that the Trustee Committee will be holding a planning meeting at the MVCAC fall meeting, and will incorporate a section on the “Dos & Don’ts” of trustees. He encouraged the districts to bring new trustees, as this meeting will be especially helpful for them.
President Rusmisel reported that a few minor changes were made to the proposed amendments to the trustee bylaws presented at the spring meeting. Once passed by the Board, the proposed amended bylaws will go to the committee for final approval by vote. Director Brown moved to accept the final proposed amendments to the trustee bylaws; Director Gay seconded. The motion passed unanimously.
Committee Reports
IT Committee
The committee reported that a GIS workshop will be held at the 2010 MVCAC Annual Conference, and the new GIS system will be transportable and include more maps.
Integrated Pest Management Committee
Jamesina Scott reported on new pesticides available, which the committee has been reviewing.
Legislative Committee
President Rusmisel reported that the committee met with Legislative Advocate Ralph Heim on July 9 to discuss the state budget. He recommended keeping an eye on California Forward, a website that examines the relationship between state and local agencies in terms of fiscal reform. He provided members with a brief overview of pertinent legislation to districts which the committee has been tracking: ACR 84 (Fuentes), ACA 9 (Huffman), AB 155 (Mendoza) and HR 669, a federal bill.
The committee will be compiling feedback on the effectiveness of the Day in the District event. Director Brown recommended that members schedule visits with Boxer and Feinstein staff to show them our size.
PR Committee
The committee has put out a media packet for use at a later date; they may create a “Dos & Don’ts” of trustees to go with the workshop to be held at the fall meeting. The committee has also been providing input on articles for the newsletter.
Training and Certification Committee
Vicki Kramer addressed the audience and explained how the tracking of continuing education units (CEU) works. It has been a partnership between the California Department of Public Health (CDPH) and MVCAC using a database the CDPH assisted in creating. Currently, Simone Smith manages the database with MVCAC member districts’ continuing education data and non-member districts maintain their own logs to submit to CDPH. MVCAC agencies could do the same, and bypass the database. Simone Smith’s time is a big consideration.
Vector and Vector-borne Disease Committee
Susanne Kluh reported that the committee is working on a matrix cross-study comparison between cost for preventative healthcare and the potential cost of contracting West Nile Virus. The committee discussed whether early-season pools should be CVEC-tested, and felt very strongly that they should.
Vector & Vector Control Research Committee
Min-Lee Cheng reported to the Board that the committee does not need to review proposals for research funds; bypassing this formality would speed up the process and get funding to researchers sooner. The committee is considering holding a fundraising event for vector and vector control research.
Finance Committee
Director Gay reported that the committee was pleased with the performance-based budget, which gave MVCAC’s financials more transparency. It was useful to have line items broken out on recent financials, for example showing legal fees. The committee will be meeting with UBS to review a maturing CD, and will hold their next committee meeting sometime in September.
Nominating Committee
Director Stroh announced the three candidates: Andy Cox, Jim Wanderscheid, and Ken Bayless. Any additional candidates may be added to the slate at the fall meeting.
Reports from MVCAC Regions
South San Joaquin- Written report submitted.
The region reported a significant increase in incidence of West Nile Virus this year.
North San Joaquin- Written report submitted.
The region reported a significant increase in incidence of West Nile Virus this year.
Sacramento Valley-Written report submitted.
Coastal-Written report submitted.
Southern
The region is putting on a radio campaign for the summer season to increase awareness of West Nile Virus and encourage citizens to report green pools; they have purchased $50,000 worth of radio ads to accomplish this. They have also engaged in aerial surveillance to identify foreclosed homes with green pools.
Reports from Other Agencies
UC-Written report submitted.
CDPH/VBDS-Written report submitted.
Vicki Kramer informed the Board that the economy has not forced CDPH to lay off any of its employees, but there are restrictions on certain things like travel. The department has been trying to maintain its level of service despite furloughs. They have made website improvements and engaged in new media outlets such as Facebook and Twitter.
VCJPA
Refund checks have been mailed; the JPA hired a law firm to oversee the CWA sue letters and requested that non-members have their lawyers contact the JPA so they can have a unified approach. They will be holding a Board meeting on the first day of the fall meeting.
AMCA
Malamud-Roam provided a brief overview of current issues AMCA is dealing with, including stormwater requirements, cumulative study of pyrethroids, Endangered Species Act and how it may affect districts.
CSDA
The CSDA conference is planned for September, and complimentary registration is given to the President and one representative from MVCAC.
CCDEH-No report.
SDLF
Executive Director Smith reported that the district of distinction program is going well, and SDLF programs are growing. She urged members to visit the SDLF website at www.sdlf.org for more info.
Orange County MVCD Consolidation
John Moorlach gave an update on the consolidation, noting that there have been no resolution yet but it is looking like there will not be a merger between the county and the district. The district expects a decision will be reached within a month.
The meeting adjourned at 11:22 p.m.
Respectfully submitted,
Fiona Young
[1] Alternate for S. San Joaquin Valley Representative Michael Alburn
[2] Alternate for Trustee Advisory Council Chuck Balch