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HomeMy WebLinkAbout2003-11-19 Min - Board REGULAR MEETING November 19, 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 regular 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 VanGundy were present. EMPLOYEES PRESENT: Mary Chapman, Ed Taylor, Steve Hollabaugh, Peter Holzmeister, Alan Harry, Scott Terrell, Ian Fitzgerald, Jim Wilson and Barbara Cahill CONSULTANTS PRESENT: Steve Gross, John Murphy, Daryl Street, Dan Gangwish, Greg Blonde, John Nagel, Rick Kaufman, Paul Jenison and Rob Rivere OTHERS PRESENT: Frank and Juanita Schneider, Jody Sweet, Mark Wasley, Andrew Kostick, Ed Morgan, Kirk Short, Katrina Paz, Rene Shadforth, Andy Otto, Joe Mc Ginity, Steve Whittack and 8 other members of the public. PUBLIC INPUT Kirk Short wanted the board to discuss renewable energy and the Board indicated it would be covered under agenda item 11. ACTION ITEMS OLD GREENWOOD COMMUNITY FACILITIES DISTRICT NO 03-1 LEGAL AND FINANCING DOCUMENTS — CONSIDERATION OF A RESOLUTION ADOPTING AND APPROVING THE TRUST INDENTURE, THE CONTINUING DISCLOSURE AGREEMENT, THE PRELIMINARY OFFICIAL STATEMENT AND THE BOND PURCHASE AGREEMENT. Attorney Gross of Porter Simon excused himself from the dais and moved to a seat in the audience because the law firm works with East/West partners. 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 authorizing the sale and issuance of special tax bonds and approving documents relating thereto: 1. The Trust Indenture dated as of December 1, 2003 between BNY Western Trust Company of California and the Community Facilities District. 2. The Continuing Disclosure Agreement dated as of December 1, 2003 between MuniFinancial and the Community Facilities District. 3. The Preliminary Official Statement relating to the Bonds. 4. The Bond Purchase Agreement between the Community Facilities District and UBS Financial Services Inc. ROLL CALL: Director Maass, recused; Director Sutton, no (documents contain many blanks and have a tremendous amount of legal and financial detail); All other Directors, aye. SO MOVED. 1 BROADBAND BUSINESS PLAN IMPLEMENTATION — DISCUSSION OF THE STATUS OF FINANCING Paul Jenison and Rob Riviere of Barton Creek, the advisors for broadband financing, explained they have compiled the financing book and will be submitting it to rating agencies and credit en- hancers. The next step is the legal due diligence and drafting of documents, the official statement and placement of the certificates of participation. No action was taken. CONSIDERATION OF A PLAN PROVIDING FOR LANDSCAPE SCREENING FOR THE MARTIS VALLEY SUBSTATION Director Hemig excused himself from the dais and moved to a seat in the audience because his firm represents the Riverview Townhomes. Correction to the memo was made to indicate that Joe McGinity, not Cliff Hartwell, made a public request for the District to look into screening of the Martis Valley Substation. Members of the public spoke about their wish to have the District take some landscaping measures: Joe McGinity, Andy Otto and Cliff Hartwell. Director Van Gundy moved and Director Aguera seconded, a motion to allow screening of the Martis Valley substation and the planting of shrubs on the north side (closest to the Truckee River) -- and the western side of the substation, to be financed by the party requesting the screening. ROLL CALL: Director Hemig, recused; All Directors, aye. SO MOVED. GLENSHIRE PIPELINES — 2003 PROJECT, CONSIDERATION OF A CONTRACT CHANGE ORDER AND RESOLUTION ACCEPTING THE PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION Director Maass moved and Director Van Gundy seconded, a motion to consider a contract change order Number 1 to the Glenshire Pipelines — 2003 Project; and adopt a resolution accepting the Glenshire Pipelines — 2003 Project as complete and authorizing the filing of the notice of completion. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A CHANGE ORDER TO TWO CONTRACTS WITH MUNI-FINANCE Director Maass moved and Director Aguera seconded, a motion to amend the Muni-Finance contracts as follows: 1. The contract amount for the Donner Lake Equalization Fee Study is reduced from $15,500 to $5,000. 2. The contract amount for the Finance Master Plan Study is increased from $50,390 to $60,890. The transfer of $10,500 from the Donner Lake Equalization Fee Study to the Finance Master Plan Study does not generate a change in the total authorization to Muni-Finance. ROLL CALL: All Directors, aye. SO MOVED. 2 DISCUSSION OF THE BARBARA TERRY BILLING DISPUTE Mr. Holzmeister informed the Board that Ms. Terry's dispute of the back electric charge billing had been resolved and paid. District code states an error in reading a meter and recalculation can only go back six months. ROUTINE BUSINESS MONTHLY STAFF REPORTS Director Van Gundy congratulated Ian Fitzgerald on the PUD being chosen to sponsor the Electric and Gas User Group GIS technology conference in October 2005. WORKSHOP ITEMS DISCUSSION OF RENEWABLE ENERGY ISSUES Rolf Godon, Tony Pastori, Kirk Short, Andrew Ryan and Steve Whittack spoke to the board regard- ing their desire to inspire the District to prioritize renewable energy in Truckee. The group would like the District to further explore renewable energy options and make voluntary programs avail- able. The Board agreed to schedule renewable energy as a workshop item at a future board meet- ing. PRESENTATION AND DISCUSSION OF THE DRAFT BUDGET FOR 2004 AND RELATED ISSUES Mr. Holzmeister provided an overview of the budget covering the various departments and their requirements. The Board decided to hold a budget workshop on Tuesday, November 25, 2003 at 4:00 PM. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, UNDER SUBDIVISION (A) OF SECTION 54956.9 OF THE GOVERNMENT CODE. TDPUD V DONNER LAKE WATER COMPANY, ET AL RETURN TO OPEN SESSION No reportable action. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 10:22 PM. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jarofis A. Maass,President Prepared by ( ``�' Lx �' Barbara Cahill, Deputy District Clerk bhc 3