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HomeMy WebLinkAbout03-27-2015 Steering Committee Minutes - SPECIALMINUTES OF THE STEERING COMMITTEE SPECIAL MEETING Orange County Sanitation District A Special Meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Beamish on Friday, March 27, 2015 at 9:33 a.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Tom Beamish, Chair John Nielsen, Vice-Chair Greg Sebourn, Operations Committee Chair Keith Curry, Member-At-Large Steve Jones, Member-At-Large David Shawver, Member-At-Large COMMITTEE MEMBERS ABSENT: John Withers, Administration Committee Chair PUBLIC COMMENT: None. STAFF PRESENT Bob Ghirelli, Assistant General Manager Kelly A. Lore, Acting Clerk of the Board Jana Botzheim Jim Colston, Manager Norbert Gaia Al Garcia Ted Gerber Roya Sohanaki OTHERS PRESENT: Kathy Jenson, Rutan and Tucker, Independent Counsel to Steering Committee Melissa Thorme, Downey Brand Special Prosecutor for OCSD Matthew Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun Miller Shaun Miller, Klean Waters, General Manager Tim Miller, Klean Waters, General Manager Deborah Blanchet, Court Reporter, GolkowT&C Minutes of the SPECIAL Steering Committee Meeting March 27, 2015 Page 2 of 4 Chair Beamish encouraged the Committee to give their undivided attention to all parties during the hearing; avoid sidebar discussions and use of electronic devices; keep an open mind until the presentations are completed; direct any questions of the attorney's through the Chair by raising of hand; and be mindful of the court reporter, so one person should speak at a time, and speak clearly. NON-CONSENT CALENDAR: Chair Beamish declared that the Committee would first address the March 23, 2015, Motion for Continuance and appointment of new Steering Committee Members to hear its appeal as submitted by the Respondent, Klean Waters, Inc., Tim Miller and Shaun Miller. 1. MOVED, SECONDED AND DULY CARRIED TO: Deny the Motion for Continuance and appointment of new Steering Committee Members to hear its appeal as submitted by the Respondent, Klean Waters, Inc., Tim Miller and Shaun Miller. AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry and Jones, Nielsen, Sebourn and Shawver None None Withers Mr. Kaplan stated two objections for the record on this motion and the motion to strike the prosecution team's irrelevant late filed evidence. Melissa Thorme, Downey Brand, Special Prosecutor for OCSD, began her presentation with PowerPoint which was also provided in hard copy to the Committee and filed with the Clerk. Ms. Thorme concluded her presentation and answered questions from the Committee. The meeting was recessed at 10:22 a.m. The meeting reconvened at 10:32 a.m. Ms. Thorme again fielded questions for another 14 minutes. Matthew Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun Miller, began his presentation with a PowerPoint which was also provided in hard copy to the Committee and filed with the Clerk. Minutes of the SPECIAL Steering Committee Meeting March 27, 2015 Page 3 of 4 The meeting was recessed at 12:49 p.m. The meeting reconvened at 12:55 p.m. Mr. Kaplan concluded his presentation and answered questions from the Committee. The meeting was recessed at 1 :03 p.m. The meeting reconvened at 1 :38 p.m. Ms. Thorme proceeded with her rebuttal and again answered questions from the committee. She then concluded her rebuttal. The meeting was recessed at 2:42 p.m. The meeting reconvened at 2:50 p.m. Chair Beamish stated that Director Jones had to leave the meeting at 3:30 p.m. but there should be no time constraints; that this could be continued to another date; and so there is no need to rush a decision. 2. MOVED, SECONDED AND DULY CARRIED TO: Accept all documents submitted prior to March 27th in the matter of Klean Waters, Inc., Tim Miller and Shaun Miller. AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry and Jones, Nielsen, Sebourn and Shawver None None Withers Deliberations began amongst the committee. Mr. Beamish asked the Court Reporter when the transcript of today's proceeding could be made available, to which it was decided to expedite the order and make it available on Monday, March 30th. The committee asked for clarification on a few exhibits, data and specific dates. Director Shawver suggested addressing each count, determining the Committee's position on each of those, then address the fees after the determination of guilt. Discussion ensued. Minutes of the SPECIAL Steering Committee Meeting March 27, 2015 Page 4 of 4 3. MOVED, SECONDED AND DULY CARRIED TO: Continue the meeting to a date uncertain at this time. AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry and Jones, Nielsen, Sebourn and Shawver None None Withers The committee discussed the various dates and times available and agreed on Friday, Apri l 10, 2015 at 9 :30 a .m. The committee requested that Ms . Jenson prov ide them, no later than next week, some kind of synopsis/process sheet listing the decisions that needed to be made . OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None . ADJOURNMENT: The Chair declared the meeting adjourned at 3:29 p .m. to a Special Steering Committee meeting to be held , April 10, 2015 at 9:30 a.m. Submitted by: ''