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HomeMy WebLinkAbout1978-11-13 Min - Board 1�3 SPECIAL MEETING November 13, 1978 The Special Meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by the President in the District Of- fice at 7:08 P.M. ROLL CALL: Directors Huber, Sutton and Maass were present. Directors Hatch `- and Kuttel were absent. EMPLOYEES PRESENT: A. Milton Seymour and Susan Craig. CONSULTANTS PRESENT: District Counsel Grumer, District Engineer Cook and Special Counsel McDonough were present. OTHERS PRESENT: Don Strand and Jim Thompson. ADJOURN TO EXECUTIVE SESSION The President adjourned the meeting to Exeuctive Session at 7: 12 P.M. for discussion of litigation and personnel matters with Special Counsel McDonough. RECONVENE INTO SPECIAL SESSION President Maass reconvened the meeting to Special Session at 8:36 P.M. ADOPTION OF RESOLUTION RE CIVIL SERVICE PROCEDURES Director Huber moved that the Board adopt Resolution No. 7856 establish- ing procedures for the termination or suspension of employees. The motion was sec- onded by Director Sutton. ROLL CALL: Huber, aye; Sutton, aye; Maass, aye; Hatch, absent; Kuttel , absent. SO MOVED. DISCUSSION AND CONSIDERATION - TAHOE DONNER MATTERS LETTER OF CREDIT REGARDING EXHIBIT "B" FACILITIES STATE LANDS COMMISSION SUIT The Chair directed that these items be tabled until the meeting of November 20, 1978. DISCUSSION AND CONSIDERATION - WATER RIGHTS - SAWTOOTH SPRINGS Mr. McDonough noted that Mr. Cook had forwarded to h i m a copy of the progress report on the application for Sawtooth Springs, permit No. 13815, and a petition for an extension of time to complete construction. After reviewing the documents, Mr. McDonough stated, he considered it appropriate that they be filed. He thought the Board (SWRCB) might require more information, or may hold a hear- ing on the request for an extension of time. He did not feel the SWRCB would be concerned with the delays to date, but would have concern about a specific plan for future development. Special Counsel noted that information specifically in- dicating when and how the District expects to develop the spring should be sub- mitted. Mr. McDonough further noted the State Water Resources Control Board should be advised that the District has withdrawn its petition to change the point of diversion from Sawtooth Springs to Donner Lake. The possibility of a protest arising from the hearing was discussed. Mr. Cook noted that, if the Forest Service wants water from the spring and if the District does not have total rights to the water, it would be logical to be partners in the venture. In reply to a question posed by Director Sutton, Mr. McDonough stated that the District previously filed a notice of appropriation and use with the SWRCB on Sawtooth Springs. Discussion ensued regarding established water rights. Special Counsel noted that, because the District has already filed, the District would have priority over later filings. For Director Sutton's benefit, Mr. McDonough explained the difference between first and subsequent filings with the SWRCB. If determined that it is necessary to borrow money, the benefits of doing so as a non-profit corporation are as follows, Mr. McDonough reported: 1 . Avoiding the difficulty of holding an election. 2. Reasonably favorable interest rates. Director Sutton asked if it was possible to take the preliminary steps of forming a non-profit corporation and simultaneously moving towards a revenue bond election. Mr. McDonough replied that it is possible. Director Huber noted that, in her opinion, it would be politically explosive to do so. The President noted that a decision regarding the new substation must be made at the Board Meeting on November 20, 1978. It was Mr. McDonough's recommendation, if a non-profit corporation was decided upon, that the District work with a financial consultant - either Stone & Youngberg or Bartle-Wells Associates. Although manner of financing does not have to be decided upon at the November 20th meeting, Mr. Seymour stated, a decision should be made soon. The Board requested that Mr. McDonough present his recommendations respecting financing in written form prior to the December 4, 1978, meeting. In answer to Director Sutton's question, Mr. Seymour stated that the District, in this particular case, is not eligible for REA funds (since the bal- ance in the General Fund exceeds 8% of the value of the plant) . PROPOSED SIERRA PACIFIC POWER CO. RATE INCREASE Mr. McDonough stated that it was his understanding that Sierra Pacific intends to file for an increase of $972,000 total - an approximate 17% increase. They will file on November 16th or 17th and ask that the rates be made effective 30 days after the filing date. He noted two problems, 1) to obtain as much suspension of the effective date as possible, and 2) to show Sierra Pacific does not need as much money as they claim they do. Mr. McDonough said that he understood that Fallon would work with the District, although they would not be interested in retaining R. W. Beck to assist. Mr. McDonough noted that there would not be any fuel adjustment until the cost of fuel increases. Demand, load factor and load management were dis- cussed. Special Counsel inquired if the District has considered accepting money from the Energy Commission to study conservation methods. No answer was provided. Mr. Seymour noted several factors in Sierra Pacific's favor regarding this rate filing - it conforms with the new theories of rate design, penalizing for poor load factor; and for doing away with the declining block structure; also, they have had two previous rate increases rescinded. It was Mr. McDonough's desire that the District authorize a request for a suspension as soon as possible after the document is filed. He noted he would advise S i erra ,Pac i f i_c to: forward h i m a copy of the filing. The matter will appear on the next meeting agenda.. DART INDUSTRIES WATER AGREEMENT AND RELATED LAWSUITS Mr. McDonough noted that he had received correspondence from the United States Department of Agriculture wherein it is noted that the District has borrowed funds from the Rural Electrification Administration, and that the District is in- volved in a $100,000,000 lawsuit by Dart Industries and others pertaining to its water system. He requested direction from the Board relating to whether or not an opinion should be provided by him. SIERRA PACIFIC RATE INCREASE Mr. McDonough advised that, for the last rate increase, Spiegal law firm in Washington was used for appearances in Washington. He did not feel an association with them at this time was necessary. The President noted there would be two items on the November 20, 1978, meeting agenda relating to this matter - Authorization for Martin McDonough to request a suspension of the 30-day time limit and authorizing the use of R. W. Beck as needed for consulting purposes. 11/13/78 p9. 3 RESOLUTION AUTHORIZING EXECUTION OF NOTICE OF COMPLETION - RECONSTRUCTION OF DISTRICT PARKING AREA This item was inadvertently left off the agenda, President Maass reported. He noted that the County of Nevada will not file the Notice of Com- pletion for reconstruction of the parking area by T. E. Bertagnolli and As- sociates until they receive a copy of the Resolution authorizing execution of the Notice. Mr. Grumer was asked, and he agreed, to prepare a resolution for consideration at the next Board Meeting. SOUTHSIDE SPRINGS APPLICATION Mr. McDonough advised that he had received a letter from the State Water Resources Control Board which notes certain points in Application 25624 that should be clarified before it can be considered as complete. Mr. McDonough suggested that the Board rescind its negative declaration and proceed through the Clearinghouse. Director Sutton suggested consideration of a resolution rescinding the Negative Declaration be placed on the next meeting agenda. The President agreed, noting that the wording should be as follows: Resolution rescinding the Negative Declaration on the Southside Springs Application 25624. Mr. McDonough advised that a form should be mailed notifying the Clearinghouse that the District is proposing to adopt a Negative Declaration and wants comment from the State Agencies. RECONVENE INTO EXECUTIVE SESSION President Maass noted that, since the full Board was not present, the -Executive Session would not be held at this time. Director Sutton requested that the meeting be adjourned to Executive Session so that further discussion could be held with Mr. McDonough. The Pres- ident agreed, and reconvened to Executive Session at approximately 9:50 P.M. RECONVENE INTO SPECIAL SESSION r The meeting was reconvened into Special Session by the President at 9:56 P.M. There was no action as a result of the Executive Session. ADJOURNMENT There being no further business before the Board, Director Huber moved that the meeting be adjourned. Director Sutton seconded the motion. ALL AYE BY VOICE VOTE. SO MOVED. The meeting was adjourned at 9:57 P.M. 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K m cnrhCcncnLQ0MFJ•m00mrt cn FJ-KOmrtK K Knct� Ntn � K cnw O m Ow Ocn IJ- C �'m I FJ-cnG m LQGGGoGrfi rtG'rtm Gm 0m0 i-JFJmFj- w F•! m cn G � n FJ-m F� rh O 0 �'0 p M m O FJ- I �rt m '� � K rt- FJ- 0 tJ F-J J F� �' w rt t w I K C rt m G FJ. cn �.' F.J t-i m m I t m I rt' � I K fi l� 1 PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District, at a special meeting held within said District on the 13th day of November, 1978 , by the following roll call vote: AYES: Huber , Sutton , Maass . NOES: None ABSENT: Kuttel , Hatch , TRUCKEE—DONNER PUBLIC UTILITY DISTRICT By -� J ES A. MAAS , President ATTEST: A. MILT N SEYMOU Clerk Thereof Law Offices Of Steven E.Grumer,Ltd.