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HomeMy WebLinkAbout1989-09-18 Min - Board REGULAR MEETING September 18, 1989 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Maass at 7 : 00 P.M. in the TDPUD Board Room. ROLL CALL: Directors Joe Aguera, John Corbett, Karen White, Pat Sutton and James Maass were present. EMPLOYEES PRESENT: Paul Colburn, Andy Hyde, Peter Holzmeister. CONSULTANTS PRESENT: Counsel John M. Phelps and Special Counsel Jim Copeland. OTHERS PRESENT: Among those present in the audience were Rick Ingebritson, Silver Dutnell, Kristine Holmes, Jacqui Crosbie, Shelby Derbyshire, Uri Welch, Jose Cir, G. B. Tucker, Julie Bayer, Alison Burke and Hope Austin. APPROVAL OF MINUTES Director Corbett moved, and Director White seconded, that the minutes of July 17 , 1989 be approved as presented. All Directors, aye, by voice vote. SO MOVED. Director Aguera moved that the minutes of August 21 , 1989 be approved as presented; seconded by Director Sutton. All Directors, aye, by voice vote. SO MOVED. BILLS FOR APPROVAL With respect to the credit card bill from Union Bank, there was some discussion as to whether or not expenses that are not reimbursable (not related to District business) should be charged to the District card. No direction was given. Mr. Holzmeister noted that the bills from GE supply in the amount of $9, 323 . 63 and Western States Electric in the amount of $4 , 348 . 12 were for bid items. Director White moved, and Director Corbett seconded, that the bills presented for consideration be approved for payment. All Directors, aye, by voice vote. SO MOVED. MANAGER'S REPORT Purchase of billing supplies Mary Chapman prepared a response explaining how the charges for billing supplies were incurred. It noted that window and return envelopes were purchased separately, but invoices came in at the same time. In the past there's been a problem with having business forms prepared properly, Mrs. Chapman said, but Christiansen Business Forms has competitive prices and the printing is good 1 quality. • Director Sutton said she thinks this is the type of item that should go out to bid. Mr. Holzmeister made note of Mrs. Chapman' s suggestion that the Board ask CMUA to promote a change in legislation to increase the bid limit to a higher amount, such as $15, 000, as she feels bidding smaller quantities is inefficient. There was some discussion and thereafter Director Sutton moved that the Board request Counsel to provide a memorandum outlining the requirements in the law for purchase of supplies which would include procedures and bidding requirements, etc. ; seconded by Director White. All Directors, aye, by voice vote. Procedure set forth in bylaws for changing rates and fees Mr. Holzmeister said that at the last Board meeting the Directors reviewed a memorandum submitted by Counsel which raised a question relating to how the District should adopt certain rates and fees. He researched the bylaws to see if there is a policy on the issue. He said, as best he can determine, the bylaws are silent on the matter. Update on survey of Donner Lake Utility Company customers Mr. Holzmeister reported that Susan Craig has been coordinating the survey of Donner Lake Utility customers and has provided a preliminary summary of the results. The results to date are not what he expected to find, he said. Director Sutton asked for some detail regarding the customers being served from private springs. Financial report clarifications At the last Board meeting several questions were raised regarding the financial reports prepared by the Finance Supervisor. He provided a memorandum which was attached to the Manager' s Report. There was no further discussion on the matter. Status of fire hydrant repairs It was noted that all the fire hydrants listed in the August 25 , 1989 letter from the Truckee Fire Protection District have been repaired. Status of Riverview Mobile Home Park water service Mr. Holzmeister noted that the letter setting forth conditions for water service to Grace Robertson on East South River Street has a deadline of September 1, 1989. To date, Mrs. Robertson has not complied with that agreement. Director Corbett stepped down from the Board and indicated he, in a sense, is acting as a private citizen representing Grace Robertson. He clarified that he has not been paid by Mrs. Robertson but, because he once lived on the property and is 2 familiar with the area, has assisted her in locating pipes. He said that District Engineer Hyde has visited Mrs. Robertson' s property and has come to a practical solution for presentation to the Water Committee; that Mrs. Robertson be allowed to abandon the old system and put in the new system just to serve her trailer park and the Green house. Chairman Maass referred the matter back to the Water Committee for review and recommendation. Water quality report Through August there were no water quality problems, Mr. Holzmeister said. However, last week, bad samples at the PUD building and Northside Well were encountered; this will show up on September's water quality report. Retesting was performed immediately and no further problem was found. PUBLIC INPUT There was no public input. CORRESPONDENCE - POSSIBLE DIRECTION Letter from WAPA dated August 24, 1989 Chairman Maass made note of the letter from the Western Area Power Administration proposing a modification to the energy rates for the Stampede powerplant. Manager Holzmeister stated that at the present time there is no provision for wheeling Stampede power to the District and he provided the letter for informational purposes only. The Chairman gave some historical data on the project. COMMITTEE REPORTS Finance Committee Director White advised that the Finance Committee members have met with a team representing Kidder, Peabody and Company/Ken Callen and Associates, and with Bruce Turner who represents Prudential Bache locally. The Committee plans to meet with Wayne Richardson in the near future. She asked whether the Committee should meet with additional investors and managers or if the information should be presented at a Board meeting. Chairman Maass said he would like to have a recommendation made by the Finance Committee to the Board after they conclude their meetings with additional investors and Wayne Richardson. MEETING OF EASTERN COUNTIES WATER GROUP; POSSIBLE DIRECTION Chairman Maass referred to a meeting of the Northeastern Counties Water Group which was held at TTSA on September 13 , 1989 . The PUD 3 was not invited but, at the request of Director Sutton, Supervisor G. B. Tucker (who was present) provided copies of documents presented at the meeting. These were included in the Board packets. Director Sutton stated her concern that the PUD was not included in a meeting having to do with water use within the area. Mr. Tucker was present in the audience. He said he thought the first meeting of the Northeastern Counties Water Group was held several years ago. The group has been inactive recently and is now trying to reactivate. He suggested that TDPUD participate. The Manager was directed to write to Tim Beals, Planning Director of Sierra County, requesting that the District be notified of future meetings. Director Sutton was appointed to represent the District at future meetings and to keep the Board informed of issues discussed. PRESENTATION BY SUPERVISOR TUCKER REGARDING NEVADA COUNTY WATER ADVISORY COUNCIL Supervisor Tucker presented the Board with the goals of the Nevada County Water Advisory Council . He stated that he is working on the problem of the County's refusal to pay mileage reimbursement to Truckee' s representative. He asked that the Board reconsider its earlier position and again participate. After some discussion, Director Corbett was appointed as the District' s representative to the Nevada County Water Advisory Council. . HIRSCHDALE WATER PROJECT - ASSESSMENT PROCEEDINGS - POSSIBLE ACTION Special Counsel Copeland of Brown & Wood, the law firm assisting the District with the formation of the Hirschdale assessment district, was in attendance. He reviewed with the Board the tentative schedule of events for the assessment proceedings. The schedule is as follows. The Board selects an attorney to conduct the procedures, adopts a resolution initiating the proceedings and selects an engineer to prepare an engineer's report. The engineer prepares a report which includes plans, specifications, cost estimate, proposed method of assessment and assessment diagram; the report is filed with the clerk, reviewed by the Board and modified if required. The Board then adopts a resolution giving preliminary approval of the engineer's report and setting a public hearing; notice of the hearing is made by posting and publication - written notices are mailed to property owners. The public hearing is held. Based upon the hearing, the Board adopts a resolution confirming assessments as detailed in the engineer' s report and a resolution directing the County to record the notice of assessment. Notice is then given to property owners giving them 30 days to pay all or part of their assessment in cash; assessment becomes effective on those parcels for which assessment was not paid in full . Mr. Copeland noted there are statutory provisions for pre-payment of assessments which must be followed. He also advised that 12% is the highest amount of interest that may be charged. Mr. Holzmeister suggested charging 9%; Mr. Copeland thought that was a reasonable amount. There was some further discussion about 4 .. assessment proceedings in general. Director Sutton asked that an item relating to prepayment of the assessment by Hirschdale property owners be placed on the next agenda. Mr. Copeland estimated his charge for legal services in the assessment process would be in the neighborhood of $5, 000. CONSIDERATION OF PENSION PLAN TRUSTEE APPOINTMENT FORM; POSSIBLE DIRECTION The Manager was asked to provide a list of all documents the Board signs concerning the pension plan. Mr. Holzmeister noted the following documents and the related action: plan amendments, Board action; trustee appointments, Board action; annual tax returns, one trustee executes; notice of termination of employment, one trustee executes; investment contracts, Board action. The proposed resolution requires that plan amendments, trustee appointments and investment contracts be submitted to the full Board for formal approval prior to being executed, and that they then be executed by the Board President, or in the absence of the President, by the Vice President. Annual tax returns and notices of termination of employment would be prepared by the plan administrator, signed by the President or Vice President, and • submitted to the Board as informational items. Director White suggested Item 2 of the proposed resolution be changed to say ONLY annual tax returns and notices of termination be prepared by the plan administrator and submitted to the Board as information items in the event other forms are required in the future. The Board agreed to the change. Director White moved, and Director Corbett seconded, that the Board adopt Resolution No. 8926 defining the responsibilities of the Trustees of the defined benefit pension plan with respect to approving and executing various documents. ROLL CALL: Directors Aguera, Corbett, Sutton, White and Maass, aye. SO RESOLVED. Regarding Item 3 of the Trustee Appointment form relating to instruments required to be executed, the Board determined that all the pre-printed options be eliminated (a note saying "refer to Resolution No. 8926, copy attached" be inserted) , and a copy of the resolution attached. CLARIFICATION OF THE IMPLEMENTATION OF RESOLUTION NO. 8924 ADOPTING OVERHEAD RATES Mr. Holzmeister referred to Engineering Technician Black' s memo asking for clarification of the intended application of the overheads adopted on September 5, 1989. He suggested the following solution to Ms. Black' s dilemma: 1) For services performed prior to adopting the new overheads, use the old rates that were quoted. 2) For estimates given to customers for which work has not been 5 performed, if work is to take place this year, use the old rates. I£ work is to occur next year, advise the developer that new rates will be in effect. 3) For work in progress, use the old rates. 4) Retain the current fee structure until the 1990 budget is adopted and review the connection fees in January along with the other rates and fees. Director White stated she feels no estimate should be left open- ended; all should have an expiration date. She said she thought the estimates given prior to adoption of the resolution should only be good through the end of the year; the other Directors agreed. Chairman Maass noted that one of the customers involved in this issue is the Sutton's paving business. He suggested that Director Sutton declare a conflict of interest since she is one of the customers who may benefit by action taken on this matter. Director Sutton said she doesn't think the family business has an estimate pending; she thinks they have paid and would probably have money coming back. The Board agreed to abide by the estimates given through the end of the year; if construction is delayed, the new rate will be charged. Director Sutton said the District should have the option to increase charges based on its own costs. Future estimates should only be good through the calendar year. • The Chairman called for a motion to implement the clarification relative to the current quotes. So moved by Director Corbett; seconded by Director White. Director Sutton stated she would vote in favor of the motion if it states exactly what the Board did. Chairman Maass noted that the minutes should indicate the clarification relates to the quotes given prior to adoption of the new overhead rates for the four or five individuals currently involved in the process, with the understanding that those quotes are good through the end of the calendar year. All Directors, aye, by voice vote. SO MOVED. Chairman Maass clarified further that the board is adopting a concept. RESOLUTION OF ACCEPTANCE OF AN EASEMENT FOR SNOBIRD ESTATES Mr. Hyde explained where the residential subdivision is located. He noted that as a part of the Snobird Estates development agreement, the developer is required to provide certain easements. One is a temporary blanket easement which will be abandoned upon approval and acceptance by the District of a permanent easement for the future extension of facilities. The other is an easement which will allow the extension of electric and water facilities. After some discussion, Director Corbett moved that the Board adopt Resolution No. 8927 accepting easements from Mountain Properties, Incorporated; seconded by Director White. ROLL CALL: all Directors, aye. SO RESOLVED. RESOLUTION OF ACCEPTANCE OF AN OFFER OF DEDICATION OF WATER FACILITIES FROM THE CORNELL/BRADLEY DEVELOPMENT 6 . Mr. Hyde briefly explained the location of the Cornell/Bradley residential development and noted that the offer of dedication is a revised document which transfers title of the water main installed for the development to the District. Director White moved that the Board adopt Resolution No. 8928 accepting the offer of dedication for the water system and appurtenances from Zekiel Cornell and Juliet Bradley for the Cornell/Bradley residential development and directing the filing of the same; seconded by Director Corbett. ROLL CALL: all Directors, aye. SO RESOLVED. RESOLUTION AUTHORIZING THE MANAGER TO ACCEPT EASEMENTS OR DEED PARCELS ON BEHALF OF THE DISTRICT Manager Holzmeister suggested that in instances like the Snobird and Cornell/Bradley easements and Rivara/Lamb property restrictions the Board may want to authorize him to accept and record the documents rather than performing such ministerial functions. Director Sutton said she thought the Board previously determined it would continue to accept easements rather than delegating this authority to the Manager. She further stated she thinks it helps keep the Board informed of what' s going on, but thought perhaps too much time is spent discussing things of this nature at Board meetings. She suggested the Directors receive some kind of report on development agreements. REPORT FROM GENERAL MANAGER ON ASSIGNMENT OF PERSONNEL Because of the lateness of hour, Chairman Maass put this item over to the next regular meeting. He asked that it be placed towards the top of the agenda. Director Sutton will discuss her concern about whether or not it should be a closed session item with Mr. Holzmeister prior to preparation of the agenda. CLOSED SESSION The Board adjourned to closed session at approximately 10: 40 P.M. in accordance with Government Code Section 54957 to discuss personnel matters. RETURN TO PUBLIC SESSION The meeting was returned to public session at 10: 55 P.M. No direction was given or action taken as a result of closed session. ADJOURNMENT There being no further business before the Board, Director White ® moved that the meeting be adjourned at 10: 56 P.M. ; seconded by Director Corbett. All Directors, aye, by voice vote. SO MOVED. 7 TRUCKEE DONNER PUBLIC UTILITY DISTRICT J es A. Maass, President Prepared by / Susan M. Craig, Deputy District Cl Irk smC • 8