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HomeMy WebLinkAbout1983-09-26 Min - Board SPECIAL MEETING September 26, 1983 The special meeting of the Board of Directors of the Truckee Donner Public c g Utility District was called to order by President Corbett at 7:12 P.M. in the TDPUD Board roam. ROLL CALL: Directors Kuttel, Maass, VanLandingham and Corbett were present. f EMPLOYEES PRESENT: James Ward, LouAnn Farrier, Dave Rully, Gordon Richards, Bruce Grow, Pete Silva, Debi Waller and Susan Craig were among those present. CONSULTANTS PRESENT: Counsel James -E. Simon was present. OTHERS PRESENT: Among the audience were L. Martin Duffy, Sally Campbell, Dale Farrier, Charles White and Chandler Caldwell. APPROVAL OF BILLS It was noted that the James Hansen & Associates' bill is being presented at this time in order to take advantage of the 12� discount* Some discussion took place as to that f irm's continued pursuit of the 2 MW WAPA allocation and the Boca J ro'ect. Director VanLandingham moved that the Hansen b ill, less the P discount be approved for payment; President Corbett seconded the motion. ROLL CALL: Kuttel, abstain; Maass, no, as the bill was not properly presented; VanLandingham and Corbett, aye. MOTION FAILED. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF THE DEVELOPMENT AGREEMENT WITH LOFTIS rd Bergman, attorney for Loftis (developer of the Truckee Tahoe Air- port g noted that they are ready to pay the necessary fees and port Inn project) ,obtain the permits for electricity and water. Mr. Bergman noted one item he opinion, the prior development felt to be a problem - the fact that, in their o p agreement g y signed b the District and Lof tis in 1981, is still in effect and valid, an p ' d he o inioned that the rates set forth in that agreement should be the o .paid. (Agreement dated November 1981, between the District and MVI n p s Inc. a California limited partnership and Lof tis, Miller and Evering- Owner , ham individually.) It was noted that the contracting parties of this agree- ment filed bankruptcy under Chapter 11, and some discussion took place as to whether or not this would have an effect on the expiration date of the agree- ment Bergman man indicated that, although they would pay .the fees requested by the District, they would reserve the right to investigate further as to whether the 1981 agreement is a valid one still in effect* Counsel Simon noted that, since completion of the Martis Valley Substation, the electrical facilities fees have changed. The pending bankruptcy was dis- cuss ed further. Director Kuttel requested the Board adjourn to closed session to discuss possible legal ramifications. CLOSED SESSION The meeting was adjourned to closed session at 7:32 P.M. RETURN TO PUBLIC 'SESSION The Board returned to public session at 7:50 P.M. LOFTIS DEVELOPMENT AGREEMENT Director Maass moved that the Board refer the Lof tis matter to Counsel for review and preparation of the new documents, and review of the bankruptcy laws affecting the District as well as the former partnership; further, that the plans and specif ications be ref erred to Jim Ward and staf f f or review and approval, and that the matter be brought before the Board when in order. The motion was seconded by Director Kuttel. - Discussion ensued, and Mr. Bergman asked if the water and electrical por- tions of the agreement could be bifurcated in order that they may proceed with 9/26/83 Pg. 1 the payment for and construction of the water portion of the project, since there is an October 15th deadline to begin construction. This request was denied as being contrary to District policy. ROLL CALL vote on the motion: all Directors, aye. SO MOVED. It was noted that the matter will be placed on the October 3, 1983, agenda for consideration. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT FOR AT&T TELEPHONE SYSTEM Counsel requested that this matter be put over to the regular meeting of October 3rd. ! CLOSED SESSION The meeting was adjourned to closed session at 8:00 P.M. RETURN TO PUBLIC SESSION The Board returned to public session at 9:37 P.M. JAMES M. WARD - EVALUATION OF JOB PERFORMANCE President Corbett advised that the Board, in closed session, had begun a discussion of the job performance of General Manager Ward. Mr. Ward re- quested this discussion be held in public session, and the Board agreed. Relating to Mr. ward's performance, the Chairman mentioned a possible communication problem, the alleged failure to copy some items to the Board which he felt should have been copied, what he interpreted to be a sensi- tivity on the part of Mr. Ward regarding certain matters, and Mr. Ward leaving meetings or appointments abruptly (prior to their conclusion) on several occasions. Director Kuttel mentioned he had concerns respecting a possible con- flict of interest on the part of Mr. Ward. Manager Ward requested that the Board name specific instances and sit- uations where these alleged actions took place. Lengthy discussion ensued. Also brought up at this time was the reconductoring of the Donner Lake Sub- station, change orders related thereto, how the Design Engineer for the pro- ject was selected, how Ingo Nikoley was chosen as the District's Electrical Engineer; the undergrounding project at Donner Lake Substation, performance and qualifications of Gordon Richards, District Inspector for the project, and possible bad planning of the project; further, insurance information Director. VanLandingham requested Mr. Ward to obtain, the status of the Dis- trict's vehicle maintenance and inspection program, employee morale and Union grievances. District employee Dave Rully noted his feeling that Mr. Ward's door has always been open to him for communication purposes, but stated that, in his opinion, morale is very low and employees are unhappy - there appears to be quire a bit of mistrust. Further, he noted that he thinks the employees want to do a good job, but are looking for recognition and respect from the Board and Manager. Several employees in the audience agreed with Mr. Rully. President Corbett moved that this matter be put over, and it be again taken up at the October 3, 1983 meeting. Director VanLandingham seconded ..r., the motion. ROLL CALL: all Directors, aye. SO MOVED. The President moved that, until the matter is settled, Jim Ward- be suspended without pay. Director VanLandingham seconded the motion. ROLL CALL: Maass, no; all other Directors, aye. SO MOVED. Director Kuttel moved that the Board President (Corbett) and Vice Pres- ident (VanLandingham) take the responsibility of management until the Dis- trict has an Interim Manager. The motion was seconded by Director Corbett. ROLL CALL: Maass, no; all other Directors, aye. SO MOVED. 9/26/83 Pg. 2 With respect to questions posed by several members of the audience, Director VanLandingham stated that, in his opinion, Mr. Ward's job perform- ance was unsatisfactory to him. ADJOURNMENT There being no further business before the Board, Director Kuttel moved that the meeting be adjourned. Director VanLandingham seconded the motion. --- All Directors, aye, by voice vote. SO MOVED at 11. P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By mes A. Maass, President Susan M. Craig, Deputy Di rict Clerk 9/26/83 Pg. 3