HomeMy WebLinkAbout04-27-2005 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
APRIL 27,2005
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY,CALIFORNIA 92708-7018
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was held on
April 27,2005 at 7:00 p.m.,in the District’s Administrative Offices.Following the Pledge of
Allegiance and invocation the roll was called and the Secretary reported a quorum present as
follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Steve Anderson,Chair Steve Simonian
X James M.Ferryman,Vice Chair Arlene Schafer
A Don Bankhead Leland Wilson
X Carolyn Cavecche Steve Ambriz
X Alberta Christy
—
Mike Garcia
X Larry Crandall John Collins
X
X
Bill Dalton
Doug Davert
Bruce Broadwater
Tony Kawashima
X Harry Dotson David Shawver
X Michael Duvall Ken Lynn Wilson
X Norman Eckenrode Constance Underhill
X Richard Freschi Patricia Bortle
X Jill Hardy Debbie Cook
X Sukhee Kang Steven Choi
X Phil Luebben Lydia Sondhi
-—
X Patsy Marshall Jim Dow
X Darryl Miller Douglas Reinhart
X Roy Moore John Beauman
A Joy Neugebauer Vivian Kirkpatrick-Pilger
X Ken Parker Catherine Driscoll
X Tod Ridgeway Don Webb
X Harry Sidhu Bob Hernandez
A Jim Silva Chuck Smith
X Mark Waldman Ralph Rodriguez
A Paul Yost Charles Antos
STAFF MEMBERS PRESENT Carol Beekman;Bob Ghirelli;Dave Ludwin;Patrick Miles;Bob
Ooten;Gary Streed;Lisa Tomko;Lilia Kovac;Penny Kyle,Board Secretary;Sonja Wassgren;
Mike White,Mike Moore,Chris Pelletier;Deirdre Hunter;Paula Zeller;Anne Marie Feery
OTHERS PRESENT Brad Hogin,General Counsel;Joe Forbath;Randy Fuhrman;Mike
Markus,Pat McGuigan;John Laurenson,Jr.;Arlene Schafer
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04/2 7/0 5
3.MOVED,SECONDED AND DULY CARRIED:Receive and file minute excerpts from the
following re appointment of active and alternate Directors,as follows:
City/Agency Active Director Alternate Director
Irvine Ranch Water District Darryl Miller Douglas Reinhart
PUBLIC COMMENTS
Pat McGuigan addressed the Board of Directors in support of Agenda Item 1 2(e)(3).
Ms.McGuigan served as a member of the Biosolids Advisory Committee that evaluated the
biosolids proposals,and commended the skillful way that Sonja Wassgren,Principal Public
Information Specialist,led the group;Jim Burror,Engineering Supervisor,provided technical
support;and the facilitator,John Gavares.
Randy Fuhrman addressed the Board of Directors on Agenda Item 14(g),and requested the
Directors to consider increasing the user rates to $151 per year,an increase of approximately $36,
which would result in borrowing less to pay for the capital improvement program.
John Laurenson,President of ABT Haskell,informed the Directors that his company acknowledges
that their proposal to process biosolids for OCSD was unfortunately submitted incomplete,and due
to these incomplete areas,the proposal was considered non-responsive.He noted their process is
highly efficient and requires only one-tenth of the energy usually needed for composting.Due to the
company’s long history of successfully processing biosolids efficiently in New York,they have
received a letter of intent from San Bernardino Waste Water Plant,and are prepared to start building
the facility.Mr.Laurenson requested the District to consider ABT as a solution to the District’s
biosolids placement problem in the future.
REPORT OF THE CHAIR
Chair Anderson reminded the Directors that nomination for the Board Chair position would be
opened at the May 25,2005 meeting,and elections scheduled for the June 22,2005 meeting.
Chair Anderson then reported he and Director Ferryman attended the April 4-6 CASA meeting
in Washington,D.C.,and participated in panel discussions with key counsels and staff to the
House and Senate Committees with jurisdiction over the Clean Water Act.They also met with
Frank Cushing,Clerk and Staff Director for Chairman Jerry Lewis,and Christopher Minakowski,
Legislative Assistant for Congressman Rohrabacher,to discuss the District’s STAG funding
request.
The CASA Spring Conference would take place April 28-30,and he was planning to attend
along with Blake Anderson and Supervisor Jim Silva.
It was also noted that Blake Anderson and he were selected to receive the 2005 Annual
Leadership Award by the Santa Ana Watershed Project Authority and Santa Ana Watershed
Coalition.
The meeting schedule for the working committees was then reviewed for the month of May.
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REPORT OF THE GENERAL MANAGER
Bob Ghirelli,Director of Technical Services reported for Blake Anderson,General Manager,who
was attending Orange County Business Council’s Leadership meeting in Sacramento
addressing workforce development,infrastructure and housing issues,and issues concerning
wastewater industry.
Chris Pelletier was recognized for 20 years of service to the District.Mr.Ghirelli presented him
with a 20-year anniversary pin and a certificate for his outstanding service and dedication to the
Orange County Sanitation District.
Mr.Ghirelli announced the appointment of Jim Herberg as Director of Operations and
Maintenance as replacement for Bob Ooten upon his pending retirement.A search for Gary
Streed’s replacement has been launched and applications for the position will be taken through
May 18th
Mr.Ghirelli reported that staff scheduled a tour on May 6th for Directors to visit the proposed
biosolids-to-char facility in Rialto,the Inland Empire Utilities Agency and the Los Angeles
County Sanitation District composting facility in Rancho Cucamonga,as well as the IEUNMiIk
Producers Council manure/biosolids composting demonstration site at the Red Star Facility in
Chino.
Mr.Ghirelli also reported that the Electrical Workers Union is lobbying the Board to reject the
subcontractor for the Headworks Replacement at Plant No.2,Job No.P2-66 project which will
be awarded at the May Board meeting.Dave Ludwin,Director of Engineering,reported that
staff members are investigating the allegations made by the union representatives,and will
report their findings to the Board in May after the investigation findings have been carefully
considered.
Mike Markus,Assistant General Manager of the Orange County Water District,provided the
Directors with an overview of the Groundwater Replenishment System project history and
progress update.The presentation focused on the objectives to improve water quality,and
provide a new sustainable water supply consisting of advanced water purification facilities,
increase reliability and diversity,support an expanded barrier of existing groundwater wells,and
reduce ocean discharges.
REPORT OF THE GENERAL COUNSEL
Brad Hogin,General Counsel,had no report.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held March 23,2005 be deemed
approved.
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RATIFICATION OF PAYMENT OF CLAIMS
MOVED,SECONDED AND DULY CARRIED:Ratify payment of claims set forth on exhibits “A”
and “B”,attached hereto and made a part of these minutes.
ALL DISTRICTS 03/15/05 03/31/05
Totals $9,966,673.15 $13,059,954.04
Director Luebben abstained from discussion and voting on Warrant Nos.69549,69589,70189,
70277,and 70335.Director Crandall abstained from discussion and voting on Warrant
No.70166.Abstentions were pursuant to California Government Code Section 84308.
CONSENT CALENDAR
9.a.MOVED,SECONDED AND DULY CARRIED:(1)Receive and file petition from
John McCreary requesting annexation of 1 .22 acres to Orange County Sanitation
District,in the vicinity of Meads Avenue and Orange Park Boulevard,in an
unincorporated area of Orange County;and,
(2)Adopt Resolution No.OCSD 05-06,authorizing initiation of proceedings to
annex said territory to OCSD (Proposed Annexation No.OCSD-49 —McCreary
Annexation).
b.MOVED,SECONDED AND DULY CARRIED:(1)Receive and file petitions
requesting annexation of 2.876 acres to Orange County Sanitation District,in the
vicinity of Randall Street and Clark Lane,in an unincorporated area of Orange
County;and,
(2)Adopt Resolution No.OCSD 05-07,authorizing initiation of proceedings to
annex said territory to OCSD (Proposed Annexation No.OCSD-50 —Sullivan
Annexation).
c.MOVED,SECONDED AND DULY CARRIED:Approve Utility Agreement No.
1 2-UT-856 with the State of California Department of Transportation (Caltrans)to
adjust eleven sewer valve frames and covers,and 22 sewer manhole frames and
covers on Pacific Coast Highway,from Old Newport Boulevard to Beach
Boulevard within Orange County for an amount not to exceed $12,100.
d.MOVED,SECONDED AND DULY CARRIED:Approve an accommodation
agreement with Irvine Ranch Water District (IRWD)to allow sewage flow from
the City of Newport Beach to enter the IRWD system;and (2)Authorize a
$231,000 past sewage flow credit to IRWD,in a form approved by General
Counsel.
e.MOVED,SECONDED AND DULY CARRIED:Consideration of the following
actions for Newport Trunk Sewer and Force Mains Replacement Project,
Contract No.5-58:
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(1)Approve the Alternative 2C alignment as the Newport Trunk Sewer and Force
Mains Replacement Project,as described in the Final EIR for the Newport Trunk
Sewer and Force Mains Replacement Project,Contract No.5-58,previously
certified pursuant to Resolution OCSD 05-05;
(2)Authorize staff to file the Notice of Determination for the Project in accordance
with the requirements of California Environmental Quality Act (CEQA)and the
District’s CEQA procedures;and,
(3)Authorize staff to proceed with implementation of the Newport Trunk Sewer
and Force Mains Replacement Project,Contract No.5-58.
COMMITTEE REPORTS AND RECOMMENDED ACTIONS
11.STEERING COMMITTEE A verbal report was presented by Director Anderson,Chair of
the Steering Committee,re the April 27,2005 meeting.
Chair Anderson reported the Steering Committee was briefed on a matter regarding
allegations about an electrical contractor on one of the Capital Improvement Projects.There
was a brief discussion on the Jazz Semiconductor issue,and the GWRS-NWRI Research
Center.
Consent Calendar
a.MOVED,SECONDED AND DULY CARRIED:Order the Steering Committee Minutes
for the meeting held on March 23,2005 to be filed.
Non-Consent Calendar
No items considered.
12.OPERATIONS,MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS)
OMTS Consent Calendar
a.MOVED,SECONDED AND DULY CARRIED:Order draft Operations,
Maintenance and Technical Services Committee Minutes for the meeting held on
April 6,2005,to be filed.
b.MOVED,SECONDED AND DULY CARRIED:Adopt the revised State Office of
Emergency Services Resolution with updated job titles for the purpose of
obtaining Federal and/or State financial assistance.
c.MOVED,SECONDED AND DULY CARRIED:Receive and file the Ocean
Monitoring Program Annual Report for 2004.
d.MOVED,SECONDED AND DULY CARRIED:Receive and file Compliance
Summary for the 2004 Annual Report for Biosolids.
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e.MOVED,SECONDED AND DULY CARRIED:(1)Receive and file Biosolids
Advisory Committee Final Report dated February 2005;
(2)Receive and file Biosolids Management Options White Paper dated
March 16,2005;
(3)Authorize the General Manager to negotiate final terms and conditions,in a
form approved by General Counsel,for a contract with EnerTech Environmental,
Inc.to manage biosolids at their facility in Rialto,California for a 10-year period,
and to provide two five-year extensions at a maximum cost of $69.40 per ton of
biosolids,for an amount not to exceed $5,500,000 per year,plus the agreed
upon contract escalators,to be submitted to the OMTS and Board for final
approval;and,
(4)Approve Amendment No.1 to the Memorandum of Understanding with South
Orange County Wastewater Authority (SOC WA),authorizing the General
Manager to continue participation with for Phase II work including the on-going
preliminary facility design,permitting,and community relations activities for the
development of a composting facility at the Prima Deshecha Landfill in South
Orange County,as managed by SOCWA,for an amount not to exceed $150,000
and direct staff to report back to the OMTS Committee periodically on work
progress.
Non-Consent Calendar
No items considered.
13.PLANNING,DESIGN AND CONSTRUCTION COMMITTEE (PDC)
PDC Consent Calendar
a.MOVED,SECONDED AND DULY CARRIED:Order draft Planning,Design and
Construction Committee Minutes for the meeting held on April 7,2005 to be filed.
b.MOVED,SECONDED AND DULY CARRIED:(1)Ratify Change Order No.3 for
the EOC Control Center and Central Lab Office Modifications,Job No.SP2001-
08,with Akraa Construction Inc.,authorizing an addition of $10,320 and 59
calendar days,increasing the total contract amount to $125,313.90,and,
(2)Accept EOC Control Center and Central Lab Office Modifications,Job
No.SP2001 -08,as complete,authorizing the Final Closeout Agreement.
c.MOVED,SECONDED AND DULY CARRIED:(1)Ratify Change Order No.ito
Removal of Underground Storage Tanks at Truck Wash,Plant No.2,Job No.
FEO5-12,and Underground Storage Tank Remediation at Cen Gen Building,
Plant No.2,Job No.FEO5-13,with JEM Industries,Inc.,authorizing an additional
$16,004,and 22 calendar days,increasing the total contract amount to $155,804;
and,
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(2)Accept Removal of Underground Storage Tanks at Truck Wash,Plant No.2,
Job No.FEO5-12,and Underground Storage Tank Remediation at Cen Gen
Building,Plant No.2,Job No.FEO5-13,as complete,authorizing the Final
Closeout Agreement.
d.MOVED,SECONDED AND DULY CARRIED:(1)Ratify Change Order No.3 to
Abandonment of Airbase Trunk Sewer —Watson Avenue
,
Contract No.6-13-1,
and College Avenue Pump Station Replacement Force Mains,Contract No.7-
23-1,with Mike Prlich and Sons,Inc.,authorizing a credit of $58,815,decreasing
the total contract amount to $2,530,871;and,
(2)Accept Abandonment of Airbase Trunk Sewer -Watson Avenue,Contract
No.6-13-1,and College Avenue Pump Station Replacement Force Mains,
Contract No.7-23-1,as complete,and approve the Final Closeout Agreement.
e.MOVED,SECONDED AND DULY CARRIED:Ratify Change Order No.19 to
Primary Clarifiers 16-31 and Related Facilities,Job No.P1-37,with Margate
Construction,authorizing an addition of $116,710,increasing the total contract
amount to $71,523,137.
f.MOVED,SECONDED AND DULY CARRIED:Ratify Change Order No.3 to
Gisler-Redhill Trunk Improvements,Reach “A”,Contract No.7-36;Orange Trunk
Improvements,Contract No.7-39;Gisler-Redhill/North Trunk Improvements,
Contract No.7-41;and City of Tustin Project Nos.6106 and 6151,with ARB,
Inc.,authorizing an addition of $571,975 and 20 calendar days,increasing the
total contract amount to $19,466,809.
g.MOVED,SECONDED AND DULY CARRIED:(1)Ratify Change Order No.1 for
Tenant Improvements to Rebuild Shop at Plant No.1,Job No.J-89 with Dalke
and Sons Construction,Inc.,authorizing an addition of $16,011 and 80 calendar
days,increasing the total contract amount to $128,901;and,
(2)Accept Tenant Improvements to Rebuild Shop at Plant No.1,Job No.J-89,
as complete,and approve the Final Closeout Agreement.
h.MOVED,SECONDED AND DULY CARRIED:(1)Approve a budget increase of
$1,237,054,increasing the total budget to $6,677,533 and,
(2)Approve Amendment No.4 to the Professional Services Agreement with
Malcolm Pirnie,Inc.providing for additional engineering services for Air Quality
Improvements,Job No.J-79,for an additional amount of $1,237,054,increasing
the total amount not to exceed $3,067,601.
MOVED,SECONDED AND DULY CARRIED:Approve Amendment No.5 to the
Professional Services Agreement with Iran Consulting Engineers for additional
design engineering services for Sunflower Interceptor Manhole Rehabilitation,
Contract No.7-21,for an additional amount of $66,087,increasing the total
amount not to exceed $1,202,784.
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j.MOVED,SECONDED AND DULY CARRIED:(1)Establish a budget for
Realignment and Rehabilitation of the Big Canyon Offsite Trunk Sewer,Contract
No.5-61,in the amount of $2,280,000;
(2)Approve a reimbursement agreement with the City of Newport Beach for
Realignment and Rehabilitation of the Big Canyon Offsite Trunk Sewer,Contract
No.5-61,in a form approved by General Counsel,for an estimated amount not to
exceed $2,000,000;and,
(3)Authorize the General Manager to execute quitclaim deeds and purchase
new easements with the Big Canyon Country Club,in a form approved by
General Counsel,to satisfy right-of-way needs for the new sewer alignment.
POC Non-Consent Calendar
No items considered.
14.FINANCE,ADMINISTRATION AND HUMAN RESOURCES COMMITTEE (FAHR)
FAHR Consent Calendar
a.MOVED,SECONDED AND DULY CARRIED:Order draft Finance,
Administration and Human Resources Committee Minutes for the meeting held
on April 13,2005 to be filed.
b.MOVED,SECONDED AND DULY CARRIED:Receive and file Treasurer’s
Report for the month of March 2005.
c.MOVED,SECONDED AND DULY CARRIED:Adopt Resolution No.OCSD 05-
08,Adopting Policies and Procedures for the District’s Records Management
Program,Records Retention,and Destruction of Obsolete Records,and
Repealing Resolution No.OCSD 04-07.
d.MOVED,SECONDED AND DULY CARRIED:Authorize the General Manager to
issue a purchase order contract to Dharma Consulting to provide continuing
professional services to assist executive and senior staff with ongoing strategic
planning,executive management team coaching and team development;and
staff team building,for a monthly amount not to exceed $15,000,for up to 12
months,for a total amount not to exceed $180,000.
e.MOVED,SECONDED AND DULY CARRIED:Approve new non-residential user
fee codes for Laundromats and Nightclubs,and set the user fee rates equivalent
to 1,800 percent and 200 percent of the Single-Family Residential Rate per 1,000
Square Feet,respectively;and adjust the user fee rate for Motels downward from
97 percent to 70 percent of the Single-Family Residence rate per 1,000 square
feet.
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d.MOVED,SECONDED AND DULY CARRIED:Approve a consulting service
agreement for External Financial Auditing Services,Specification No.CS-2005-
217,with Conrad &Associates for a five-year period beginning with the audit of
the financial statements for FY 2004-05,atihe following maximum annual fees:
FY FY of Auditing Maximum
Beinci Audited Services Contract Annual Fees
FY 2004-05 FY 2005-06 $46,550
FY 2005-06 FY 2006-07 47,795
FY 2006-07 FY 2007-08 49,040
FY2007-08 FY2008-09 50,315
FY 2008-09 FY 2009-10 51,590
FAHR Non-Consent Calendar
e.MOVED,SECONDED AND DULY CARRIED:Ordinance No.OCSD-26,An
Ordinance of the Board of Directors of Orange County Sanitation District
Establishing Sanitary Sewer Service Charges;Establishing Capital Facilities
Capacity Charges;Adopting Miscellaneous Charges and Fees Relating to
Industrial Charges,Source Control Permittees and Wastehaulers,and Repealing
Ordinance No.OCSD-24:
Adopting Revised Table B re Property Use Classifications for Commercial or
Industrial Users,and Revised Table E re Administrative Fees and Charges
Relating to Permittees,and Reaffirming All Other Charges
Director Moore,FAHR Committee Chair,gave a brief report on last year’s
increase of $15,and the proposed rate increase for 2005/06 of $17 additional per
year,bringing the annual user fee to $132,an increase of approximately 15%.
Directors entered into discussion about the merits of an increase to $151 per
year,based on the maximum allowable per the public notice in 2003.A larger
increase would limit the amount of borrowing needed to meet the requirements
for an aggressive capital improvement program and to meet full secondary
treatment needs by 2012.A comparison of rates nationwide showed that even
with the larger increase,OCSD’s rates would still be one of the lowest.
Chair Steve Anderson noted that he did not think the federal funds ~ouId be
available in the amounts requested due to the costs incurred for the war in Iraq.
A motion was made and seconded to increase the user rates to $151 for Fiscal
Year 2005/06.
General Counsel Hogin clarified that the ordinance could be introduced for either
the proposed rates or the higher,noticed rate of $151.
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a.MOVED,SECONDED AND DULY CARRIED:Read Ordinance No.
OCSD-26 by title only and waive reading of said entire ordinance.
In response to Directors’questions,Gary Streed,Director of Finance,clarified
the rate increases adopted for the past two years,and the rates that were
publicly noticed in 2003.He noted that the Board of Directors could increase the
user rates to those rates contained in the public notice.At that time staff
recommended approximately 20%rate increases for 5 years.The Board of
Directors would not accept those increases and discussed alternatives between
10-20%.A 15%increase was then approved,and staff reset the budget
according to the approved rate increases.Mr.Streed noted that staff supports
implementing the higher rate increase of $36 per year,which would eventually
level user fee increases in the future by reducing the amount of borrowing.
General Counsel clarified that a simple majority could vote to introduce the
proposed ordinance at the higher rates.However,the adoption of the ordinance
the following month would require a two-thirds vote of the Board of Directors.
b.MOVED,SECONDED AND DULY CARRIED:To modify the proposed
Ordinance No.OCSD-26 to increase the user rate to the maximum
allowable,which is $151 per year;introduce Ordinance No.OCSD-26,
and pass to second reading and public hearing on May 25,2005.
Directors Cavecche;Christy;Crandall;Dalton;Dotson;Eckenrode;Kang;
Marshall and Sidhu opposed.
15.GWR SYSTEM STEERING COMMITTEE (GWRSSC)
GWRSSC Consent Calendar
Director Duvall,Vice Chair of the GWR System Steering Committee,reported that at the
meeting held on April 11th,they were advised of problems were encountered while
digging a tunnel under the Santa Ana Freeway,and auguring equipment jamming intc
old construction materials that had been buried from previous projects,causing damage
to equipment estimated at $500,000 in repair costs.
a.MOVED,SECONDED AND DULY CARRIED:Order Joint Groundwater
Replenishment System Cooperative Committee Minutes for the meetings held on
March 14,2005 to be filed.
GWRSSC Non-Consent Calendar
No items considered.
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NON-CONSENT CALENDAR
16.MOVED,SECONDED AND DULY CARRIED:Authorize the General Manager to
negotiate and complete a transaction with Natsource LLC for the exchange of up to 130
lbs/day of District owned Oxides of Sulfur (SOx)Emission Reduction Credits for up to
130 lbs/day of Oxides of Nitrogen (NOx)Emission Reduction Credits;for a not to exceed
cost of $1,000 for filing the transaction with the SCAQMD.
17.CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9 AND 54956.8 The Board convened in closed session at 8:31 p.m.pursuant to
Government Code Sections 56956.9 and 56956.9(b).Confidential minutes of the
Closed Session held by the Board of Directors have been prepared in accordance with
California Government Code Section 54957.2 and are maintained by the Board
Secretary in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.A report of action taken will be publicly reported at the time the approved
action becomes final re Agenda Item 1 7(a)(2).
RECONVENE IN REGULAR SESSION The Board reconvened in regular session at
9:26 p.m.
General Counsel reported to the public of the actions taken during closed session as
follows:
Agenda Item No.17(a)(1),the Directors agreed to approve an MOU,thereby settling all
litigation with SAWPA;
Agenda Item 17(a)(3),General Counsel was directed to defend the District in the
Andino,et al.v.Orange County Sanitation District,et al.,Orange County Superior Court
Case No.05CC00054;
Agenda Item No.1 7(a)(4),General Counsel was directed to refrain from seeking
Supreme Court review re Orange County Sanitation District,et aI.,v.County of Kern,et
al.,Tulare County Superior Court Case No.189564.
18.Director Miller requested a report summarizing the history of board deliberations on the
rate increase.
ADJOURNMENT The Chair declared the meeting adjourned at 9:30 p.m.
Penny M.Kyle
Secretary to the Board of Directors of
Orange County Sanitation District
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