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HomeMy WebLinkAbout2003-01-15 Min - Board REGULAR MEETING January 15, 2003 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only minutes. 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, James Maass, Patricia Sutton, Nelson VanGundy and Ron Hemig were present. EMPLOYEES PRESENT: Steve Hollabaugh, Ed Taylor, Jim Wilson, Mary Chapman, Neil Kaufman, Mark Tho- mas, Peter Holzmeister and Barbara Cahill CONSULTANTS PRESENT: John Murphy, Steve Gross and Keith Knibb OTHERS PRESENT: Anne Grogan, Rene Shadforth, John Faulk and two other members of the public. PUBLIC INPUT There was no public input. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN IN- STALLMENT PURCHASE AGREEMENT AND A TRUST AGREEMENT AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, HAVING TO DO WITH FINANCING THE SETTLEMENT WITH IDACORP EN- ERGY. Mr. Holzmeister explained the documents initiate the funding of the settlement with Idacorp Energy. The resolu- tion approving the form of tow financing documents will begin a 60-day time protest period. The board will ulti- mately take final action on the entire package of financing documents. Director Sutton moved and Director Aguera seconded, a motion to strike a portion of a sentence in both Sec- tions one and two of the Resolution that stated: "with such changes therein as the President may require or ap- prove, such approval to be conclusively evidenced by the execution and delivery thereof". ROLL CALL: Direc- tors Aguera, Hemig, Maass and Van Gundy, no; Director Sutton, aye. MOTION FAILED. Director Maass moved and Director Van Gundy seconded, a motion to adopt the resolution authorizing execu- tion and delivery of an installment Purchase Agreement and a Trust Agreement and certain other actions in connection therewith to refinance the Settlement Obligation to Idacorp Energy. ROLL CALL: Director Sutton, no (requested to strike wording in Section one and two); All other Directors, aye. SO MOVED. CONSIDERATION OF AMENDING RESOLUTION 2002—37, CHANGING THE LABOR OVERHEAD RATE. Director Van Gundy moved and Director Maass seconded, a motion to amend resolution 2002-37 and adopt a revised resolution reflecting the correct labor overhead rate of 83.61%. ROLL CALL: Director Sutton, no (questioned the guideline to calculate labor overhead); All other Directors, aye. SO MOVED. WORKSHOP ITEM DISCUSSION OF FORMATION OF A COMMUNITY FACILITIES DISTRICT (MELLO-ROOS) IN RELATION TO FINANCING INFRASTRUCTURE FOR OLD GREENWOOD AND GRAY'S CROSSING DEVELOPMENTS. 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. 1 Director Maass stated his residence borders the Grays Crossing development, but does not feel there is a con- flict of interest. Bill Fivash and Rick McConn representing East/West Partners spoke to the Board about considering a Com- munity Facilities District(Mello-Roos)for their developments. John Murphy of the law firm Stradling Yocca Carl- son and Rauth was present to provide assistance and experience with a Community Facilities District(CFD). Discussion followed about the overall CFD process, would this arrangement be beneficial to the District,would the asking price of property be affected and how are expenses dealt with. Mr. Holzmeister explained the next step is to put together a reimbursement agreement between the District and East/West, and bring the docu- ment back to the board. This does not imply a commitment. This is only a feasibility study. ROUTINE BUSINESS TREASURER'S REPORT Approval of the report: Director Aguera moved, and Director Van Gundy seconded, that the Board approve the month ended November 30, 2002. ROLL CALL: All Directors aye, by voice vote. SO MOVED Approval of disbursements: Director Van Gundy moved, and Director Maass seconded, that the Board ap- prove November 2002 disbursements report. ROLL CALL: Director Sutton, no; All other Directors, aye. SO MOVED. MONTHLY STAFF REPORTS No action taken. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (A), TWO CASES: TDPUD VS. USA MEDIA,AND USA MEDIA VS. TDPUD RETURN TO OPEN SESSION No reportable action. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 9:30 PM. TRUCKEE 130t PUBLIC TILI DISTRICT S_ Ron emig, Presidents Prepared by �W04 ou.." Barbara Cahill, Deputy District Clerk bhc 2