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HomeMy WebLinkAbout1976-01-12 Min - Board JANUARY 12, 1976 The Special Meeting of the Board of Directors was called to order by the Chairman at 4:30 P.M. in the Conference Room of the District. ROLL CALL: Waters, present; Sutton, present; Craig, present; Christensen, present; Anderson, present; EMPLOYEES PRESENT: Reed, Connell and Drace. The matter of the referendum petition and the matter of reaffirming actions taken at the December 17, 1975 adjourned meeting were discussed concurrently. Attorney Joynt stated he had researched the matter of the referendum petition and did not believe it was a proper subject for referendum. Discussion followed between the Board, the attorney and the audience regarding the validity of the referendum petiti-on. Joe Joynt recommended to the Board that they ratify those actions taken on December 17, 1975, with the understanding that the ratification was as of December 17, 1975. Further discussion followed concerning both the validity of the adjourned meeting of December 179 1975, and the validity of the referendum petition. Director Sutton stated her belief that one way or another the issue of the validity of the petition's subject matter would be settled by a court. Adolph Moskovi tz, attorney for Dart, expressed his concern over the technicality of the failure to post an agenda for the adjourned meeting of December 17, 1975, and the affect that technicality might have at a future time on the acceptance of the Tahoe Donner water system. The Chairman read aloud the Resolution prepared by Mr. Joynt entitled, .. "Approving, Readopting, Ratifying, Confirming and Reaffirming all Actions Taken and Things Done by the Board of Directors at an Adjourned Regular Meeting of the Board of Directors on December 179 1975." Following a brief discussion, Director Christensen moved that the Resolution ratifying the meeting of December 17, 1975, with paragraph 2 amended to clarify the motion to table until a Special Meeting could be held which was indicated to be on December 17, 1975, at 3:00 P.M. Seconded by Director Waters. ROLL CALL: Waters , aye; Sutton, no; Craig, no; Christensen , aye; Anderson, aye; SO MOVED. It was indicated by the President that the District is waiting to hear from the County Clerk on whether sufficient signatures had been obtained on the referendum petition. The issue of the acceptance of the Tahoe Donner water system was discussed at length between the Board, the District' s engineer and the public in attendance at the meeting. Director Sutton moved that the Board rescind the action taken on December 17th regarding the acceptance of Tahoe Donner water system so that a meaningful public hearing can be held. Seconded by Director Craig. ROLL CALL: Waters, no; Sutton, aye; Craig, aye; Christensen, no; Anderson, no; MOTION FAILED. Director Sutton asked that the record show "that some of the generalities in the fact sheet that I published can only be supported by some of the information in the letters from Mr. Cook which are still under confidential aura, including information regarding the $70,000 that Dart agreed to make in cash settlement for the District to take care of the high water services over the next 50 or 100 years and I believe that in one of these letters a value to. co rrect that problem now before acceptance was something like $190,000 and that the number of high services is between 2,000 and 3,000 services out of a total of 6,000 in the tract. " Page 1 , January 12, 1976 TTSA ELECTRIC CONNECTION The President reported to the Board on the matter of the TTSA electric connection. He reported he had contacted Mr. Merriman who contacted Mr. Butterfield about the matter. A letter from Ken Merriman dated January 8, 1976, was presented to the Board on the matter also. -- CONSIDERATION OF ANCILLARY RESOLUTIONS FOR ACCEPTANCE OF GRANTS AND GRANT DEEDS OF THE TAHOE DONNER WATER SYSTEM_,___, Joe Joynt indicated he would have the ancillary resolution for acceptance of grants and grant deeds of the Tahoe Donner water system ready for action at the next regular Board meeting. Director Craig reported to the- Board on the meeting with the Airport Board on the Airport Well . The matter was placed on the agenda for January 20, 1976. Director Sutton asked that an executive session be held on January 20, 1976,. regarding the management of the District. She asked that the record show that "several large problems had developed in the Manager' s absence: "the problem of the TTSA connection, their actual service of power by January 1 , 1975, problems having to do with the acceptance of the Tahoe Donner water system." Director Waters moved that the meeting adjourn. Seconded by Director Christensen. All aye by voice vote. The Chairman adjourned the meeting at 6:15 P.M. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By • '000 04V Rex Afic-Ferxbn rrsfUent of the Board .�► ane 0. Reed, Secretary Page 2, January 12, 1976 i i RESOLUTION No. 76 O 3 4 OF i TRUCKEE-DONNER PUBLIC UTILITY DISTRICT z r-- APPROVING, READOPTING, RATIFYING, CONFIRMING AND REAFFIRMING ALL ACTIONS TAKEN AND THINGS DONE BY THE BOARD OF DIRECTORS AT AN ADJOURNED REGULAR E MEETING OF THE BOARD ON DECEMBER 17, 1975 i WHEREAS, on the 16th day of December, 1975, the Board of Directors of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT met in session for a regular meeting of the Board of Directors , which meeting had been duly and regularly noticed and actually held at the District office located at Truckee, Nevada County, California; and, WHEREAS, for said regular Board meeting there was an agenda of items , business and things then for the Board to consider but due to lack of time the Board was not then able to complete the said agenda on the 16th of December; and, WHEREAS, at the hour of 11:00 P.M. on December 16 , 1975, f the Board with all directors present then and there adjourned said regular meeting to the following day, December 17, 1975 , at the hour of 3 :00 P.M. ; and, WHEREAS, on December 17, 1975 at the said hour of 3:00 P.M. the Board did again meet with all directors present in the adjourned regular meeting for the purpose of completing the agenda; and, WHEREAS, certain actions were then and there taken and ' business to come before the Board was transacted by the Board on December 17, 1975 at said adjourned regular meeting; and, WHEREAS, the Board of Directors now is informed that a copy of the order or notice of adjournment was not posted on or near the Door of the meeting room as required by Section 54955 of the California Government Code; and, WHEREAS, said adjourned regular meeting was duly and properly held in all respects except for said lack of posting and the Board does now wish to approve, readopt, ratify, confirm and reaffirm all actions taken and things done at said adjourned regular meeting; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, as follows : 1. That all actions taken and things done by the Board of Directors at the adjourned regular meeting of the Board, which ,.. adjourned regular meeting was held on December 17, 1975, be, and they hereby are, approved, readopted, ratified, confirmed and t reaffirmed. 2. That Resolutions 75-25, authorizing release of sureties , and 75-26, accepting with conditions the Tahoe Donner Water system, are hereby ratified with an effective date of December 17, 1975. Copies of said resolutions are attached hereto, marked Exhibits "A" and "B" respectively, and made a part hereof. Pace 1. /yS` i I 3. That any and all actions carrying out or imple- menting the intents and purposes of acts and things done by the Board on December 17, 1975 taken by the District' s officers, manager, attorney, employees or agents on or after December 17, 1975 and prior to the adoption of this resolution are hereby approved, ratified and confirmed. 4. It is understood that this ratifying resolution is without prejudice to the referendum petition filed with the District concerning the acceptance of the Tahoe Donner Water System; that is to say, the adoption of the instant resolution shall not be deemed a rejection of the referendum petition and shall not be deemed to be a reconsideration of the acceptance of said water system. Passed and adopted by the Board of Directors of the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT at a meeting thereof duly called and held within the District on this 12. day of January, 1976, by the following roll call vote: j AYES: ��• J a � r'.S - C '►r s E .�.se -, I� A's Cit- r • NOES: .S L..fit' ., ► G f G;, , ABSENT: TRUCKEE-DONN PUB C UTILITY DISTRICT By0� X N R N, resident ATTEST: '► UL AOMNSACK, Clerk I i Page 2.