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HomeMy WebLinkAbout2000-03-01 Min - Board r REGULAR MEETING March 1, 2000 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only minutes. Tapes of this meeting are not available as they were unintentionally erased. The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at approximately 7:06 PM in the TDPUD Board Room by President Hemig. ROLL CALL: Directors Joe Aguera, Ron Hemig, James Maass and Patricia Sutton were present. Director Bob Jones was absent. EMPLOYEES PRESENT: Mary Chapman, Susan Craig, Peter Holzmeister, Alan Harry, Neil Kaufman, Kathy Neus and Ed Taylor. CONSULTANTS PRESENT: Consulting Engineer Keith Knibb and District Counsel, Steve Gross. OTHERS PRESENT: Roger Terneuzen, Paul Duggan, Paul Cline, Mary Davis, Tom Ballister and Lin Zucconi. PUBLIC INPUT There was no public input. APPLICATION FOR ACTIVATION OF LATENT TELECOMMUNICATIONS POWER AT NEVADA COUNTY LAFCO In October, the Board adopted Resolution No. 9913 initiating proceedings to activate a latent power to provide telecommunications services and submitted an application and draft business plan to Nevada County LAFCo for review. In keeping with the LAFCo application process, the District should now submit an approved business plan and the telecommunications survey that was recently conducted. SR Jones, Executive Officer of LAFCo is requesting a $5,000 deposit to cover the cost of outside counsel to assist in the application review process. It was noted that following LAFCo's approval of the District's application, staff will return to the Board for possible authorization to move forward. Paul Duggan, a retired senior executive in the computer and communications industry, noted that he has reviewed the draft business plan and is familiar with Ashland, Palo Alto and similar projects. He said he has both philosophical and practical concerns about the District entering the telecommunications world. In his opinion, main points are as follows: a public utility has unfair advantages over private firms and should not compete with them; major concerns with the business plan — market size and share, realistic expenses; the District should consider this opportunity as two separate entities — common carrier (fiber backbone plus coax) and content provider (cable TV, Internet access and telephony). Mr. Duggan stated that his only interest in this matter is that of providing the best telecommunications infrastructure and services for the Truckee community in a responsible, businesslike manner. He offered to contribute in any way he can if the District decides to revisit the business plan. A complete copy of Mr. Duggan's presentation material is attached to these minutes for reference. 3/1/00 Page 1 Tom Ballister, who has been in the telecommunications industry for 25 years, stated that business plans have to be articulated in great detail to be successful. He suggested maintaining language that allows for the leasing of service to entities that would like to come into the community. The purpose should be to install the communications fiber backbone system is a proper system and not preclude someone coming in and offering some of the services. Mary Davis of the Tahoe Sierra Board of Realtors opinioned that if private industry could provide the type of service the TDPUD is discussing, it would have. She is in favor of going forward with the feasibility plan and going to LAFCo. She said she thinks the TDPUD is one of the better run District's she's encountered. Lin Zucconi, retired electrical engineer, thought comments made thus far were very astute. She said she believes giving consumers as many options as possible is a good idea and also stated she thinks the District will be more responsive to the community than a big corporation. Note was made of Roger Terneuzen's letter commenting on the District's telecommunications business plan and Navigant Consulting's response made on the District's behalf. There was some discussion and the Directors decided there needs to be some clarification regarding the business plan, how changes will be made to it and also relating to how the $5,000 deposit that will be forwarded to LAFCo will be spent and, perhaps, a request for notification if that amount appears to be inadequate. CONSIDERATION OF ADOPTION OF THE DRAFT TRUCKEE AREA LOCAL GOVERNANCE STUDY AND POSSIBLE SCHEDULING OF A JOINT MEETING OF LOCAL AGENCIES Mr. Holzmeister has added a section to the local governance study describing the report from the Commission on Local Governance for the 21 st Century as requested by the Board. After review, Director Maass moved, and Director Aguera seconded, that the Board accept the draft Truckee Area Local Governance Study with the addition of the Commission on Local Governance for the 21 st Century report summarization. ROLL CALL: Aguera, Maass, Sutton and Hemig, aye; Jones, absent. SO MOVED. Mr. Holzmeister advised that LAFCo may consider the study at its April meeting, which may be held in Truckee. Bob Rauch is planning to visit Truckee in early April to meet with him and begin to brainstorm as to how to bring together all the local Boards and determine a meeting format. The joint meeting would be to influence the community, not LAFCo. There was some discussion and it was mentioned that the at this point in time a meeting may not be necessary. CONSIDERATION OF MAKING A NOMINATION FOR THE POSITION OF SPECIAL DISTRICT REPRESENTATIVE TO NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION Director Sutton's term on the LAFCo commission will expire on May 1, 2000. The special districts are being asked to participate in the process of filling that vacancy by making a nomination. Director Sutton indicated she is interested in being reelected. Director Aguera moved that Pat Sutton be nominated for the special district representative to LAFCo. MOTION FAILED for lack of a second. 3/1/00 Page 2 The Chairman noted that he would like the LAFCo representative to be someone who is philosophically in sync with the Board's views and, therefore, has reservations about nominating Pat Sutton. CONSIDERATION AND POSSIBLE APPROVAL OF MINUTES OF DECEMBER 30, 1999, JANUARY 5 AND 17, FEBRUARY 2 AND 16, 2000 Director Sutton moved, and Director Maass seconded, that the Board approve the minutes of December 30, 1999 as corrected. All Directors, aye, by voice vote. SO MOVED. Director Maass moved, and Director Aguera seconded, that the Board approve the minutes of January 5 and 17, 2000 as corrected. ROLL CALL: all Directors, aye, by voice vote. SO MOVED. Director Maass moved, and Director Aguera seconded, that the Board approve the minutes of February 2 and 16, 2000 as presented. All Directors, aye, by voice vote. SO MOVED. TREASURER'S REPORT — CONSIDERATION OF MONTHLY REPORT — CONSIDERATION AND POSSIBLE APPROVAL OF DISBURSEMENTS Director Maass moved, and Director Aguera seconded, that the Board approve the monthly Treasurer's report. All Directors, aye, by voice vote. SO MOVED. Director Maass moved, and Director Aguera seconded, that the Board approve the disbursements. ROLL CALL: Aguera, Maass and Hemig, aye; Sutton, no; Jones, absent. SO MOVED. CLOSED SESSION Conference with legal counsel —existing litigation pursuant to Government Code Section 54956.9(a), pending litigation, two cases: TDPUD v USA Media and USA Media v TDPUD The Board adjourned to closed session at 9:07 PM. RETURN TO OPEN SESSION The Board returned to public session at 9:56 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 at 9:57 PM. TRUCKE ONNE UBLIC UTILITY ISTRICT J. R6njiemig, Pres' nt Prepared b Susan M. Craig, Deputy District Clerk smc 3/1/00 Page 3