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HomeMy WebLinkAbout1991-05-06 Min - Board REGULAR MEETING May 6, 1991 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Aguera at 7 : 05 PM in the TDPUD Board Room. ROLL CALL: Directors John Corbett, Richard Curran, James Maass, Pat Sutton and Joe Aguera. EMPLOYEES PRESENT: Mary Chapman, Peter Holzmeister and Susan Craig. CONSULTANTS PRESENT: Counsel John M. Phelps. OTHERS PRESENT: Among those present in the audience were Rick Stafford, Paul Spencer, Jenny Lynch and Joan Mensor of the Historical Society; Catherine Gibbs of the Sierra Sun and several Tahoe Truckee High School students, Kelly Riggs and Sean O'Shea. CUSTOMER BILLING DISPUTE Manager Holzmeister noted that Delton Meyer, along with some business partners, owns a vacation home in Tahoe Donner. it appeared there was a case of energy diversion that resulted in no energy going through the meter. The problem was solved and the customer was sent a bill for energy not metered and for District time to solve the problem. Mr. Meyer is contesting the bill. He met today with the Meter Reader Coordinator, Foreman of Technical Services and the Manager. Mr. Holzmeister said he really believes the customers had no knowledge of the problem; he doesn't believe there was any intent to defraud the District. Originally, the house was all-electric with a 400 amp service; the heating system has now been converted to propane. The current transformer switches were in the wrong position and the current was by-passing the meter. The District placed a test meter which recorded the actual usage. The original bill of $2 , 300 was reduced to $1, 800 and Mr. Meyer has paid. Director Sutton said she thinks a party who wants to appear before the Board should make a request in writing to the Board; this appearance should be preceded by a meeting with the Manager. She said the Board might want to look at the current policy. APPOINTMENT OF COMMITTEE MEMBERS The President made committee appointments as follows: Board/Manager relations, Joe Aguera and Pat Sutton. Operations, Richard Curran and Jim Maass. 5/6/91 Pg 1 Finances, Pat Sutton and Richard Curran. Planning, John Corbett and Joe Aguera. Communications, Jim Maass and John Corbett. Mr. Holzmeister noted he would like to meet several of the committees soon. PUBLIC INPUT There was no public input. CONSIDERATION OF AN ACTION UPON A REQUEST BY THE TRUCREE DONNER RECREATION AND PARR DISTRICT TO WAIVE FACILITY AND CONNECTION FEES FOR LOCATION OF HISTORIC BUILDING - CONSIDERATION OF AN AMENDMENT TO LEASE WITH THE TRUCREE DONNER RECREATION AND PARR DISTRICT Rick Stafford, Paul Spencer and Jenny Lynch from the Historical Society were present in the audience to answer any questions regarding this matter; Joan Mensor arrived towards the end of discussion. Counsel Phelps (who is also Counsel for the Park District, but representing the PUD in this instance) said he spoke with Steve Randall and reviewed the proposed resolutions with him. Mr. Randall advised he approves what the PUD is contemplating. Director Sutton noted it is beyond her comprehension that someone from the Recreation and Park District isn't present at this meeting. Counsel said the Park District wants to help the Historical Society, but they're not going to invest a lot of time and effort; they're going to let the Society carry the ball. Regarding the requested waiver of fees, Director Sutton said the PUD hasn't waived fees for the Recreation District or the hospital in the past; not even for the swimming pool. Counsel said the District is normally not allowed to waive fees charged to its customers unless it is receiving some valuable consideration in return. However, the District is permitted by Section 16463 of the Public Utility District Act to operate public parks, public playgrounds, public recreation buildings and other buildings used for public purposes. Also, pursuant to PUC Section 16467. 1, the District may expend funds for recreation purposes without such funds being recovered through other recreation-based revenues. It was Counsel Phelps' opinion that the District may expend funds, labor or waive fees, if the Board determines that to do so will assist the District in the recreational functions it is permitted to undertake pursuant to PUC Section 16463 . Government Code Section 53073 allows the District to give surplus property of historic interest of any value to a non-profit association or society p formed to prom ote the area' s historical heritage or to preserve property of historic interest. There is one possible restriction, Counsel noted. The Nevada 5/6/91 Pg 2 County Local Agency Formation Commission takes the position that it must approve a special district's excursion into new service areas. If one construes the District's waiver of fees for recreation purposes as providing recreation services, then perhaps the District needs LAFCo approval to do so. The District's involvement in recreation, however, would be so slight that it seems like a waste of resources on the part of the District and LAFCO to request LAFCo approval. But to be safe, Mr. Phelps provided in the enclosed resolution that the District will seek LAFCo approval if it is determined to be necessary. Director Sutton questioned why the buildings are going to be placed at Meadow Park rather than at the regional park. Also, she asked if public hearings would be held. Director Maass moved that the Board adopt Resolution No. 9115 approving the relocation of two Gateway cabins to Meadow Park and waiving certain connection and facilities fees (in an approximate amount of $3 , 800) for one of the cabins which will be used by the Historical Society; seconded by Director Corbett. Director Sutton said she doesn't believe action contained in the resolution relating to waiving certain connection and facilities fees relates to the services the District provides to the community (power and water) . If the request from the Historical Society related to some historic thing about power and water in the . community, she said, she could probably justify a waiver, but she stated she thinks this is really stretching things. Also, Mrs. Sutton mentioned she is a charter member of the Historical Society and noted that this request places her in a conflict situation; she stated she is in favor of the cabins being saved somehow, but she' s not sure Meadow Park is the best location. ROLL CALL vote on the motion to adopt the resolution: all Directors, aye, with the exception of Director Sutton, who voted no. So RESOLVED. Director Maass moved, and Director Corbett seconded, that the Board adopt Resolution No. 9116 approving Amendment No. 2 to the Real Property Lease with the Truckee-Donner Recreation and Park District. Counsel noted that the proposed amendment to the lease conforms to the terms of the proposed resolution. It allows the PUD to approve the exact location of the cabins and states the Park District and Historical Society must enter into a written agreement concerning this matter. The amendment provides for eventual removal of the cabins if such a request is made by the PUD. Also, the Recreation District shall be responsible for all required environmental review, land use compliance, and building code compliance with respect to the location of the cabins upon Meadow Park. ROLL CALL vote on the resolut ion: Corbett, Curran, Maass and Aguera, aye; Sutton, no. SO RESOLVED. 5/6/91 Pg 3 CONSIDERATION OF A REVISED MISCELLANEOUS FEE SCHEDULE ® Administrative Manager Chapman reported that she recently reviewed all of the miscellaneous service fees that pertain to the work performed in the Customer Services/Billing Department. Mrs. Chapman presented a list of the main requests for service received and an estimated cost to perform each service. It was her recommendation that the Board revise the fee schedule as follows: establishing and closing an account, $35 regular pay, $85 time and a half, $105 double pay; establishing and closing a water only account, $15; establishing and closing an account as of the last reading date, $20; automatic transfer of an account back to an owner, $20; performing a special reading, $20. She also recommended that the Board amend the customer billing policy to authorize staff to assess the late charge and begin the collection procedure only when a customer is past due more than $25. A change in the return check charge is not being proposed as the District currently charges $10, the limit allowed by Government Code Section 6157 . Director Maass noted he would like Counsel to look into setting up the ordinance in a manner that would allow easy amendment of the fees in the future. A public hearing to consider the amended miscellaneous fee schedule is to be set for 7 : 30 PM on May 20, 1991. DECLARATION OF TWO VEHICLES AS SURPLUS; DIRECTION REGARDING DISPOSITION Manager Holzmeister advised that two vehicles have been recently purchased to replace Units 1 and 9 . Unit 1 is a 1979 Chevrolet pick-up truck and Unit 9 is a 1983 Ford pick-up truck; both are in poor condition. He said District policy provides that once the Board declares these vehicles to be surplus property, the Manager may sell them by sealed bid. In the event no bids are received, the Manager may dispose of them at his discretion. Director Maass moved, and Director Corbett seconded, that Units 1 and 9 be declared surplus and offered for sale by bid. All Directors, aye, by voice vote. SO MOVED. Director Sutton suggested that the Manager set a minimum bid amount for each vehicle. WEST RIVER STREET ASSESSMENT DISTRICT STATUS REPORT Because additional research needs to be performed, the Chairman tabled this matter to the next regular meeting agenda. STATUS OF CERTIFICATES OF PARTICIPATIONt SERIES 1991 (WATER SYSTEM IMPROVEMENT PROJECTS) ; POSSIBLE DIRECTION REGARDING INVESTMENT OF CAPITALIZED INTEREST AND RESERVE FUNDS 5/6/91 Pg 4 Manager Holzmeister reported that the certificates of participation were formally priced on April 30 at the office of Raucher Pierce Refsnes. The interest rates range from 5.25% to 6.75% over the life of the debt issue. The market on interest rates on bonds is much improved since the District' s earlier issue, he noted. (Interest rates on the earlier issue ranged from 5. 30% to 7.75%. ) Direction on how to invest the funds that are to be held in the capitalized interest and reserve account must be given to the trustee. Ms. Horler suggested purchasing U. S. Treasury obligations that are timed to come due on the date disbursements need to be made from the funds. Director Maass moved, and Director Corbett seconded, that the District invest the capitalized interest and reserve funds in U. S. Treasury obligations with Rauscher Pierce Refsnes to purchase the appropriate government securities that best match the cash flow requirements of the financing and deliver the securities to the trustee at the closing of the 1991 certificate issue (scheduled for May 14, 1991) . ROLL CALL: all Directors, aye. SO MOVED. CORRESPONDENCE No correspondence was discussed by the Board. BILLS FOR BOARD APPROVAL After several questions were answered, Director Corbett moved that the bills presented for consideration be approved for payment; seconded by Director Maass. All Directors, aye, by voice vote. SO MOVED. STAFF REPORT A copy of the staff report is attached to the minutes for reference. Water quality report Mr. Holzmeister noted that the summary of bacteriological water quality report for March shows all samples were free of coliform bacteria and met the state's drinking water standards. Special District Finance seminar The California Special District Association Finance Seminar will be held in Rancho Mirage on June 10 and 11. This is the second of three seminars leading to the Board Management Certificate. Mr. Holzmeister said he would like to attend and also thought it would an excellent idea for Mary Chapman and Pat Sutton to attend. WATER METERS Manager Holzmeister noted that the state Senate approved a bill requiring water meters on all newly constructed homes in the state. 5/6/91 Pg 5 The measure, which would not require installation of meters on ® existing homes, appears likely to win Assembly approval and be signed into law by Governor Wilson. Director Maass said it has been the long range intent of the Board to meter the District's water system; he suggested placing the matter on a future agenda. CABLE TV Director Maass noted that WestStar Cable TV is increasing their rates by $2 per month effective June 1, 1991. NATURAL GAS Several residents have asked Director Maass about the possibility of bringing natural gas to Truckee. Since the District is empowered to provide such a service, he asked that the matter be agendaed for discussion. CLOSED SESSION The Board adjourned to closed session at 8 :25 PM for the purpose of discussing threatened litigation in accordance with Government Code Section 54956. 9 (b) (1) . • RETURN TO PUBLIC SESSION The Board returned to public session at 9:22 PM. There was no action taken or direction given as a result of closed session. ADJOURNMENT There being no further business before the Board, the meeting was adjourned by unanimous consent at 9: 23 PM. UCREE DONNER P LIC UTILITY DISTRICT '' J se R. Aguer eside t Prepared by C Susan M. Craig, Deputy District Cljwfk smc 5/6/91 Pg 6