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HomeMy WebLinkAbout2003-10-14 Min - Board SPECIAL MEETING October 14, 2003 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only min- utes. All Board meetings are recorded on audio tapes which are preserved perpetually and made available for listening to any interested party upon their request. The special meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:00 PM in the TDPUD Board room by President Hemig. ROLL CALL: Directors Joe Aguera, Ron Hemig, James Maass, Patricia Sutton and Nelson Van- Gundy were present. EMPLOYEES PRESENT: Peter Holzmeister, Steve Hollabaugh, Ed Taylor, Mary Chapman, Jim Wilson, Kathy Neus, Neil Kaufman, and Barbara Cahill CONSULTANTS PRESENT: Susan Goodwin, Lyn Gruber, Dennis DeCuir, Larry Rolapp and John Murphy OTHERS PRESENT: Blake Riva, Rick McCOonn, Mark Wasley, Bill Fiveash, Andrew Kostick , Jay Lambiotte, Scott Saibini, Peter Gerdin, Debbie Black, Frank and Juanita Schneider and Josey Neus PUBLIC INPUT There was no public input. ACTION ITEMS CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AN AGREEMENT WITH THE TOWN OF TRUCKEE CONCERNING CERTAIN FACILITIES EXPECTED TO BE FINANCED BY TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD) Director Maass recused himself from the dais and moved to a seat in the audience because his residential property borders Gray's Crossing, a future development area of East West Partners: Director Aguera moved and Director Van Gundy seconded, a motion to adopt a resolution approving an agreement with the Town of Truckee concerning certain facilities expected to be financed by Truckee Donner PUD Community Facilities District NO. 03-1 (Old Greenwood). ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AN ACQUISITION AND DISCLOSURE AGREEMENT IN CONNECTION WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT COM- MUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD) Director Aguera moved and Director Van Gundy seconded, a motion to adopt a resolution approving an Acquisition and Disclosure Agreement in connection with Truckee Donner PUD Community Fa- cilities District No. 03-1 (Old Greenwood). ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. 1 PUBLIC HEARING —At 7:00 PM or as soon thereafter as possible A PUBLIC HEARING WILL BE HELD FOR THE PURPOSE OF RECEIVING WRITTEN AND OR ORAL COMMENTS FROM MEMBERS OF THE PUBLIC REGARDING THE BOARD'S INTENT TO FORM TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1, OLD GREENWOOD, TO LEVY SPECIAL TAXES THEREIN AND TO ISSUE BONDED INDEBTEDNESS. There was no public comment. Director Sutton asked John Murphy of Stradling Yocca and Rauth (Bond Counsel) if CFD action is subject to LAFCo and he responded that it is not. She also asked if the CFD was subject to referen- dum of Truckee voters, and Mr. Murphy said a referendum does not apply. ACTION ITEMS CONSIDERATION OF THE FOLLOWING DOCUMENTS RELATING TO THE COMMUNITY FA- CILITIES DISTRICT NO. 03-1 (OLD GREENWOOD) A). Resolution of the Board of Directors of the Truckee Donner Public Utility District Es- tablishing Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Authorizing the Levy of a Special Tax therein and Establishing an Ap- propriations Limit Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution estab- lishing Truckee Donner PUD Community Facilities District No. 03-1 (Old Greenwood), authoriz- ing the Levy of a Special Tax therein and establishing an Appropriations Limit. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. B). Resolution of the Board of Directors of the Truckee Donner Public Utility District, Act- ing as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Determining it Necessary to Incur Bonded Indebted- ness Within Said Community Facilities District Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) de- termining it necessary to Incur Bonded Indebtedness within said Community Facilities District. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. C). Resolution of the Board of Directors of the Truckee Donner Public Utility District, Act- ing as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Calling a Special Election Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), calling a special election. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. 2 CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD), DECLARING THE RESULTS OF A SPECIAL ELECTION AND APPROVING CERTAIN RELATED ACTIONS Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner PUD, acting as the legislative body of Truckee Donner PUD Community Facilities District No. 03-1 (Old Greenwood), approving an Acquisition and Disclo- sure Agreement in connection with Truckee Donner PUD Community Facilities District No. 03-1 (Old Greenwood), declaring the results of a special election and approving certain related actions. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT Director Aguera moved and Director Van Gundy seconded, a motion to adopt an ordinance of the Board of Directors of the Truckee Donner PUD, acting as the legislative body of Truckee Donner PUD Community Facilities District No. 03-1 (Old Greenwood) authorizing the levy of a special tax within said Community Facilities District. ROLL CALL: Director Maass, recused; Director Sutton, no (ordinance not enacted in proper context; board should adjourn and act as the CFD legislative body); All other Directors, aye. SO MOVED. CONSIDERATION OF A REQUEST FROM THE DONNER TRACT HOMEOWNERS ASSOCIA- TION THAT THE DISTRICT PAY FOR CONSTRUCTION OF WATER LATERALS FROM THE HOUSE TO THE METER BOX Director Sutton excused herself from the dais and moved to a seat in the audience because of a possible conflict due to a pending construction contract in the Donner Tract. Director Van Gundy moved and Director Maass seconded, a motion to deny the request of Scott Saibini (10114 Oriole, Donner Tract) to have the board pay the cost to bring the water service line from the customer's house to the water service box; and require Mr. John Shreck (10031 Robin Lane, Donner Tract) to pay for the house lateral constructed by Herbert Suter Construction if he chooses to use it. ROLL CALL: Director Sutton, recused; All other Directors, aye. SO MOVED. CONSIDERATION OF TRANSFERRING FUNDS FROM THE ELECTRIC FACILITIES FUND TO THE ELECTRIC GENERAL FUND Director Maass moved and Director Van Gundy seconded, a motion to authorize staff to transfer $294,435.54 from the electric facilities fees fund and reimburse the electric general fund. ROLL CALL: Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF A REVIEW OF INTERNAL LOANS AND POSSIBLE ACTION. Director Van Gundy moved and Director Aguera seconded, a motion to: 1. Repay the electric share of Internal Loan #1 for the Steele property purchase back to the electric facilities fees fund from the electric general fund in the amount of$329,140.50. 2. Repay the water share of Internal Loan #1 for the Steele property purchase back to the water facilities fees account from the Land Sales Trust Fund in the amount of $329,140.50. 3 3. Leave the water Internal Loan #2 as is with the existing repayment schedule of an annual payment of $44,969.92, interest rate tied to average LAIF rate and payoff scheduled in De- cember 2015. 4. Repay a portion of the water Internal Loan #3 for the year-end overdraft back to Facilities Fees in the amount of $694,318.79 from the Land Sales Trust fund; to leave the portion of the overdraft that was borrowed from the Reserve for Future Meters in the amount of $551,445.63 where it is and set up a repayment schedule. 5. Repay the water Internal Loan #4 to the Land Sales Trust fund when the SRF loan proceeds are available or when final financing is obtained (Amount as of 8/31/03 $483,928.04, subject to change as additional invoices are paid). 6. Repay the water Internal Loan #5 to the Land Sales Trust fund when the Glenshire land sales are complete and funds are available (current temporary loan balance through 8/31/03 is $147,788.20). 7. Direct staff to bring forward for board consideration any other projects that qualify for facili- ties fees reimbursement such that if the funds become available in the water department general fund, they can be used to reduce the loans out of the Land Sales Trust Fund. ROLL CALL: Director Sutton, no; All other Directors, aye. SO MOVED. WORKSHOP ITEMS DISCUSSION OF BILL PAYMENT OPTIONS, POSSIBLE ACTION. Mary Chapman explained the possible payment options: recurring payments by credit card, over the phone or over the counter requests using a credit card or debit card, third party payer and electronic billing and payment (E-BILL). After general discussion, the Board asked Ms. Chapman to bring a formal resolution to the board adopting the use of a Third Party Payer. ROUTINE ITEMS STAFF REPORTS No action taken. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 9:10 PM. TRUCKS ONNER BLIC UTILITY ISTRICT J. n mig, Presjdent Prepared by Barbara Cahill, Deputy District Clerk bhc 4