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HomeMy WebLinkAbout2006-05-03 Min - Board REGULAR MEETING May 3, 2006 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 7:02 PM in the TDPUD Board room by President Hemig. ROLL CALL: Directors Joe Aguera, Ron Hemig, Patricia Sutton, Tim Taylor and Bill Thomason were present. EMPLOYEES PRESENT: Jim Wilson, Mary Chapman, Kim Szczurek, Ed Taylor, Alan Harry, Nancy Waters, Steve Hollabaugh, Neil Kaufman, Peter Holzmeister and Barbara Cahill CONSULTANTS PRESENT: Sandra McDonald and Tom Unke OTHERS PRESENT: Frank and Juanita Schneider, Pat Waite, Pat Davison, Joel Erickson, Pettit Gilwee, Phil Schacht, Al Ferrantine, Mr. McDonald and one other member of the public PUBLIC INPUT Phil Schacht of Aegis Electrical read his letter to the Directors about his frustration with the TDPUD's delayed invoicing process. President Hemig agreed to agendize this item. SPECIAL BUSINESS ITEM PRESENTATION OF THE AUDIT OF THE DISTRICT'S FINANCIAL STATEMENT FOR 2005 AND POSSIBLE ACTION. Tom Unke of Virchow Krause gave a presentation on the December 31, 2005 audit: • Overview of the audit process • Overview of the financial statements • Required communications o Auditing standards o Accounting policies o Audit adjustments o New accounting standards • Recommendations o Alternative Reporting Options o Work order closing systems o Employee bonding o Code of business conduct Director Thomason moved and Director Taylor seconded, a motion to adopt the 2005 Audit Report prepared by Virchow Krause & Company LLP. ROLL CALL: All Directors, aye. SO MOVED. CONSENT CALENDAR Director Sutton asked that all items be removed from the Consent Calendar and placed under Action Items 1 Minutes May 3, 2006 ACTION ITEMS CONSIDERATION OF RESOLUTIONS SETTING WATER AND ELECTRIC STANDBY CHARGES AND REQUESTING THAT NEVADA AND PLACER COUNTIES COLLECT STANDBY FEES ON THE COUNTY TAX ROLLS. No action taken CONSIDERATION OF RESOLUTIONS SETTING THE ASSESSMENT AMOUNT UNDER THE TERMS OF THE DONNER LAKE ASSESSMENT DISTRICT NUMBER 00-1 AND AUTHORIZING NEVADA AND PLACER COUNTIES TO COLLECT THE ASSESSMENTS ON THE COUNTY TAX ROLLS. Director Taylor moved and Director Thomason seconded, a motion to adopt the resolutions request- ing Nevada County and Placer County to collect the annual assessment for Donner Lake Assessment District No. 00-1 for the fiscal year 2006-2007 ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF RESOLUTIONS SETTING THE SPECIAL TAX AMOUNT UNDER THE TERMS OF THE COMMUNITY FACILITIES DISTRICTS OLD GREENWOOD 03-1 AND GRAYS CROSSING 04-1 AND AUTHORIZING NEVADA COUNTY TO COLLECT THE SPECIAL TAXES ON THE COUNTY TAX ROLLS. Director Aguera moved and Director Taylor seconded, a motion to adopt the resolutions requesting Nevada County to collect the annual special taxes for Community Facilities Districts Old Greenwood 03-1 and Grays Crossing 04-1 for the fiscal year 2006-2007 ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF THE RESOLUTIONS REQUESTING NEVADA AND PLACER COUNTIES TO CONDUCT THE DISTRICT'S NOVEMBER 2006 ELECTION. Director Sutton moved and Director Aguera seconded, a motion to adopt the resolutions requesting Nevada and Placer Counties to conduct the District November 7, 2006 election for two director seats. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND AWARD OF A CONTRACT FOR PURCHASE OF OLD GREENWOOD WELL PIPING MATERIAL Director Sutton moved and Director Taylor seconded, a motion to award the contract for the Piping Materials for the Old Greenwood Well in the amount of $20,898.03 (including sales tax) to Groeniger & Company and authorize the transfer of funds from Facility Fees. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND AWARD OF A CONTRACT FOR PURCHASE OF THREE PHASE ELECTRIC METERS Director Aguera moved and Director Sutton seconded, a motion to approve the purchase of Poly- phase meters form General Pacific with a total price of$41,820.00, not including sales tax. ROLL CALL: All Directors, aye. SO MOVED. 2 Minutes May 3, 2006 CONSIDERATION OF PURCHASE OF AN ELECTRIC UTILITY LINE TRUCK UNDER CMAS Director Aguera moved and Director Thomason seconded, a motion to purchase a Line Truck for the District fleet in accordance with District Code 3.08.050; and authorize the General Manager to accept the CMAS quotation for the purchase of CMAS Code 2687-Vehicle Mounted Personnel Lifts in an amount not to exceed $170,000. Funding will be determined at a future board meeting. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REQUEST TO ABANDON THE DISTRICT'S INTEREST IN A POWER LINE EASEMENT Director Aguera moved and Director Taylor seconded, a motion to adopt a resolution officially aban- doning the existing 10-foot wide power line easement along the northerly side of 14805 South Shore, APN 17-270-09. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND POSSIBLE AWARD OF A CON- TRACT FOR CONSTRUCTION OF THE PIPELINE REPLACEMENT PROJECT-2006 Director Taylor moved and Director Hemig seconded, a motion to award the low bid for the District Pipeline Replacement 2006, Contract B Project to Longo Incorporated, in the amount of $1,215,484; and to reject the District Pipeline Replacement 2006 Contract A bids and rebid the project in 2007. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF ACTIONS RELATED TO POSSIBLE ISSUANCE OF WATER SYSTEM DEBT Sandra McDonald of McDonald Partners, financial analyst employed by the District, made a presentation of her findings regarding issuance of new long-term water debt. She recommended that the District water rates be increased by a minimum of 6% in each of the next two years to establish an operating reserve that satisfies financial market expectations for an "A" rated agency. She reported that refunding the 1996 COP would save approximately $32,000 per year at current interest rates. The Board asked staff to evaluate other options and report back to the Board. WORKSHOP ITEMS REVIEW AND DISCUSSION OF THE DISTRICT'S BROADBAND BUSINESS PLAN Alan Harry gave a presentation to reacquaint the Board and community with the broadband initiative: • Provision of services • Status Report: Technology and Financing • System costs and assumptions • System offerings: bidirectional high speed data, video services, voice • Milestones • Potential risks • Reaffirm community support- what does the Board want from an updated Market Study 3 Minutes May 3, 2006 DISCUSSION OF DISTRICT ISSUES BOTH PAST AND FUTURE As a preparation for discussing mission statement on May 6 Peter Holzmeister made a brief presentation of topics for directors to consider. The topics include the following: • Growth and Service to customers o New Developments o Customer count increased o Revenues increased o Water and electric use have increased o Parcels in service territory have increased o Number of employees has increased • What has happened in the last five years and issues for: o Water Department o Electric Department o Support Services Department o Administrative Services o Planning Department o General Manager ROUTINE ITEMS TREASURER'S REPORT Approval of the report: Director Thomason moved, and Director Taylor seconded, that the Board approve the month ended December 2005 (final). ROLL CALL: All Directors aye, by voice vote. SO MOVED Approval of the report: Director Thomason moved, and Director Taylor seconded, that the Board approve the month ended March 2006. ROLL CALL: All Directors aye, by voice vote. SO MOVED Approval of disbursements: Director Thomason moved, and Director Taylor seconded, that the Board approve the March 2006 disbursements report. ROLL CALL: Director Sutton, no; All other Directors, aye. SO MOVED. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 11:37 PM. TRUCKEE DO ER PUBLI UTILITY DISTRICT J. emig, r ident Prepared b� i;'��CLc (0 C Barbara Chill, Deputy District Clerk bhc 4 Minutes May 3, 2006 .`: Public Utility District Resolution No. 2006 - 06 Fixing and Placing Donner Lake Assessment District Annual Charges on District Tax Roll for Collection by the County of Nevada WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution No 2001-09 making determinations, confirming assessments and proceedings, ordering the acquisition and construction of improvements and taking certain other actions relating to Donner Lake Water Assessment District no. 00-1; and WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax Collection Services Contract with the County Of Nevada; WHEREAS, the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; WHEREAS, the assessments on each parcel shall be billed on the secured tax roll bills for the fiscal year 2006-2007; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Nevada, State of California, levy the Donner Lake Assessment District charges against the parcels and owners of record listed on the computer itemization of parcels kept and maintained in the Administrative Services Department of the District and made a part hereof by reference, and that the County Auditor and Tax Collector be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance provide. Upon completion and correction of the current list through June 30, 2006, a copy will be forwarded to the Auditor Controller of the County. 2. The District warrants and represents that charges imposed by the District and being requested to be collected by Nevada County comply with all requirements of state law, including but not limited to Articles XIIIC and r XIIID of the California Constitution (Proposition 218). Resolution 2006-06 1 3. That a certified copy of this resolution be forwarded to the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on May 3, 2006 by the following roll call vote: AYES: Director Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J. Ro a g, President ATTEST: �Q eAz� Peter L. Holzmeister, District Clerk Resolution 2006-06 2 . II RUCKEE DONNER Public Utility District Resolution No. 2006-07 Requesting Collection of Donner Lake Assessment District Annual charges on Placer County Tax Roll WHEREAS, the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution No 2001-09 making determinations, confirming assessments and proceedings, ordering the acquisition and construction of improvements and taking certain other actions relating to Donner Lake Water Assessment District no. 00-1; and WHEREAS, the Truckee Donner Public Utility District requests the County of Placer collect on the County tax rolls certain charges which have been imposed by the District for the fiscal tax year 2006-2007; and WHEREAS, the County has required as a condition of the collection of said charges that the District warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The Auditor-Controller of Placer County is requested to attach for collection on the County tax rolls those assessments attached hereto. 2. The District warrants and represents that the assessments imposed by the district and being requested to be collected by Placer County comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218). 3. The District releases and discharges County, and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by county of any assessments on behalf of District. 4. The District agrees to and shall defend, indemnify and hold harmless the county, its officers, agents and employees (the "Indemnified Parties") from any and all claims, - demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by County of any of District's said Resolution 2006-07 1 assessments requested to be collected by County for district,or in any manner arising out of District's establishment and imposition of assessments. District agrees that, in the event a judgment is entered in a court of law against any of the Indemnified Parties as a result of the collection of one of District's assessments the County may offset the amount of the judgment from any other monies collected by County on behalf of District, including property taxes. 5. The District agrees that its officers, agents and employees will cooperate with the County in answering questions referred to District by County from any person concerning the District's assessments and that District will not refer such persons to County officers and employees for response. 6. The District agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collecting the assessments as provided by Government Code section 29304 and 51800. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on May 3, 2006 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE DONN R PUBLIC UTILITY DISTRICT By 0 J. mi , President ATTEST: 1-2e Peter L. Holzmeister, District Clerk Resolution 2006-07 2 .; TRUCKEE DONNER Public Utility Di'strict Resolution No. 2006 - 08 Fixing and Placing a Special Tax Levy on Community Facilities District No. 03-1 (Old Greenwood) for Collection by the County of Nevada WHEREAS, on October 14, 2003, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2003-04, authorizing the levy of a special tax within said Community Facilities District No. 03-1 (Old Greenwood)and providing a means for collection thereof; and WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax Collection Services Contract with the County Of Nevada; and WHEREAS, the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; and WHEREAS, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2006-2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Nevada, State of California, levy a special tax against the parcels and owners of record listed on the computer itemization of parcels kept and maintained in the Administrative Services Department of the District and made a part hereof by reference, and that the County Auditor and Tax Collector be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance provide. Upon completion and correction of the current list through June 30, 2006, a copy will be forwarded to the Auditor Controller of the County. 2. The District warrants and represents that charges imposed by the District and being requested to be collected by Nevada County comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218). Resolution 2006-08 1 3. That a certified copy of this resolution be forwarded to the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on May 3, 2006 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE DONN R PUBLIC UTILITY DISTRICT By J. Ro mig, President ATTEST: Peter L. Holzmeister, District Clerk Resolution 2006-08 2 TRUCKEE DONNER Public Utility District Resolution No. 2006 - 09 Fixing and Placing a Special Tax Levy on Community Facilities District No. 04-1 (Grays Crossing) for Collection by the County of Nevada WHEREAS, on July 21, 2004, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2004-02, authorizing the levy of a special tax within said Community Facilities District No. 04-1 (Grays Crossing) and providing a means for collection thereof; and WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax Collection Services Contract with the County Of Nevada; and WHEREAS,the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; and WHEREAS, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2006-2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Nevada, State of California, levy a special tax against the parcels and owners of record listed on the computer itemization of parcels kept and maintained in the Administrative Services Department of the District and made a part hereof by reference, and that the County Auditor and Tax Collector be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance provide. Upon completion and correction of the current list through June 30, 2006, a copy will be forwarded to the Auditor Controller of the County. 2. The District warrants and represents that charges imposed by the District and being requested to be collected by Nevada County comply with all requirements of state law, including but not limited to Articles XIIIC and MID of the California Constitution (Proposition 218). Resolution 2006-09 1 3. That a certified copy of this resolution be forwarded to the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on May 3, 2006 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �� W J. Ro ig, President ATTEST: \� Peter L. Holzmeis er, District Clerk Resolution 2006-09 2 TRUCKEE DONINER Resolution No. 2006 - 10 NOTICE OF GOVERNING BOARD MEMBER ELECTION AND/OR NOTICE TO SUBMIT MEASURE(S) TO A VOTE OF THE VOTERS RESOLUTION OF THE GOVERNING BODY OF Truckee Donner Public Utility District DECLARING AN ELECTION BE HELD IN ITS JURISDICTION; REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH ANY OTHER ELECTION CONDUCTED ON SAID DATE; AND REQUESTING ELECTION SERVICES BY THE COUNTY CLERK WHEREAS, this District Governing Body orders an election to be held in its jurisdiction on November 7. 2006; at which election the issue(s) to be presented to the voters shall be: NOMINATION OF CANDIDATES FOR THE GOVERNING BODY 1. Said election shall be to fill a vacancy for the following Board Member(s) who resigned .� and/or whose term(s) expired: Incumbent's Division Number Regular/Short Name (if applicable) Term Patricia S.Sutton N/A Regular Term J. Ron Hemig N/A Regular Term 2. Said Directors for this District are elected in the following manner: X At Large. There are no divisions in the District; all voters within the District vote for all candidates. By Division. Districts are split into areas;only those voters residing in the area may vote for candidates who run in the area. Qualified by Division-Elected at Large Directors must qualify to run by living in a specific division, but all voters within the District may vote on all candidates. 3. Said District has determined the following election particulars: • The length of the Candidate Statement shall not exceed 200 words. • The cost of the Candidate Statement shall be paid by the Candidate. MEASURE(S)TO BE SUBMITTED TO THE VOTERS (IF APPLICABLE) 4. Said District request that the following measure(s) be decided at this election. (Specify does or does not) Resolution 2006-11 1 • Said Governing Board orders the following measure(s) to be put to a vote of the residents of the District: (See attached wording marked Exhibit(s) ) 5. Said District has determined the following election particulars: • In the case of a tie vote, the election shall be determined by LOT. (Specify lot or runoff election) • The County Clerk is requested to provide election services. If the District requests the Placer County Elections Division to provide election services,all applicable costs will be paid for by the District. (Specify requested or not requested) 6. The District hereby certifies that: _There have been changes to the District boundary lines since our last election as shown on the attached map and/or legal description. X There have been no District boundary changes since our last election, but the District understands that the Placer County Public Works Mapping Division will verify our District "boundary lines prior to the election. BE IT RESOLVED that the Board of Supervisors of the County of Placer is hereby requested to: 1. Consolidate the election with any other applicable election conducted on the same day. 2. Authorize and direct the County Clerk, at Governing Body expense, to provide all necessary election services. This Resolution shall be considered a Notice of Election and Specification of Election Order if applicable. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the third day of May, 2006 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE D NER PUBL C UTILITY DISTRICT J on H mig, President ATTEST: Peter L. Holzmeiste District Clerk Resolution 2006-11 2 DONNER Public Utility District Resolution No. 2006 - 11 CALLING GENERAL DISTRICT ELECTION WHEREAS, an election will be held within the Truckee Donner Public Utility District on November 7, 2006 for the purpose of electing two members to the District Board of Directors; and WHEREAS, whenever two or more elections are called to be held on the same day, in the same territory, or in part of the same territory, such elections should be consolidated; NOW, THEREFORE, BE IT RESOLVED that an election be held on November 7, 2006 for the purpose of electing three members to the District Board of Directors; and BE IT FURTHER RESOLVED THAT the Truckee Donner Public Utility District requests the governing body of the County of Nevada, as prescribed by Elections Code Section 10402 and 10403 to consolidate the regularly scheduled district election with any other elections to be held on November 7, 2006 and BE IT FURTHER RESOLVED that the Candidate is to pay for the publication of the candidate's statement, pursuant to Elections Code Section 13307. The limitation on the number of words that a candidate may use in his/her Candidate's Statement is 200 words; and BE IT FURTHER RESOLVED that the Truckee Donner Public Utility District agrees to reimburse the County of Nevada for the district's prorated share of the costs of the election. PASSED AND ADOPTED by the following vote on May 3, 2006: YES Votes 5 NO Votes 0 ABSENT 0 TRUCKEE DO R PUBLI UTILITY DISTRICT J. o emifI, President ATT T: Fl Peter L. Holzmeister, District Clerk DONNER PUblic Utility District Resolution No. 2006 - 12 AUTHORIZING AN ABANDONMENT, AS TO ITS INTEREST, OF THE POWER LINE EASEMENT ON APN 17-270-09 WHEREAS, Krzysztof and Malina Bankiewicz have requested abandonment of a 10-foot wide power line easement along the north side of their property at 14805 South Shore Drive, Truckee in the south side Highlands subdivision (Nevada County APN 17-270-09); WHEREAS, District staff has investigated the matter and determined that such abandonment would not cause the District problems in providing electrical service; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: That the President of the board be authorized to execute a statement indicating that the Truckee Donner Public Utility District has no objection to the abandonment of the above-described power line easement as shown on the attached map, which has been entitled Exhibit "A". PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the third day of May, 2006 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSENT: None TRUCKEE QONNER PUB IC UTILITY DISTRICT on Hemig, President ATTEST: zl�� )/_�Ytluzizl Peter L. Holzmeistet< District Clerk Exhibit "A" 14790 1727122 ` 14800 14822 14810 1727123 1727117 1727121 Existing overhead electric '-- Existing distribution pole S Sh°Ce C -1 I 14785 1727005 — —7 ' /" 1 i - 14801 1727006 � 14825 /' ' 14805 1727008 1727009 J l Easement to be abandoned County Line r- Proposed Garage Existing House 14801069381007 14825 14805 069381005 069381006 14784 069381001 14804 14824 14814 069381002 069381004 069381003 TRUCKEE DONNER PUBLIC UTILITY DISTRICT � Po.eoxswmur w o4woAwe�,eo SMURPHY Bankiewicz Easement n 4117rz006 1'equals 30' OROEP.o .t..o. Efec