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HomeMy WebLinkAbout1987-08-03 Min - Board REGULAR NEETDIG August 3, 1987 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:07 P.M. by President Corbett in the Tahoe Truckee Unified School District Board room. ROLL CALL: Directors Aguera, Maass, Sutton and Corbett were present. Director Cooley was absent. EMPLOYEKS PRESENT: Tom Buckhouse, Paul Colburn, Peter Holzmeister and Susan Macdonald. CONSULTANTS PRESENT: Consulting Engineers Cook and Sauers, Counsel John Phelps. 0MRS PRESENT: Among those present in the audience were Bill Austin, C. R. VanLandingham, Mark Cross, and Karl Kuttel. APPROVAL OF MINUTES There were no minutes presented for Board consideration. STATEMENT OF GENERAL FUND AND BILLS FOR APPROVAL The Manager explained charges from APPA and Frank B. Hall Company. Director Maass moved, and Director Aguera seconded, that the bills presented for consideration be approved for payment. ROLL CALL: Cooley, absent; all other Directors, aye. SO MOVED. MANAGER'S REPORT Mechanic recruitment Mr. Holzmeister reported that the District advertised for mechanic applications in the Sacramento Bee, Reno Gazette and the Sierra Sun. In response, 39 applications were received. A test was secured from the International Personnel Management Association and administered on July 25; 33 persons took the test. The five persons who scored highest on the test will be interviewed. A mechanic will be hired based on the combination of the test scare and interview. There was some discussion, and the Board agreed that all applicants should be notified of their score and ranking. The Board complimented Mr. Holzmeister for using this method for hiring and, by consensus, asked him to bring back a policy outlining this type of procedure for hiring all non-managerial personnel in the future. Status of FmMA bond indentures Manager Holzmeister said that he spoke with Sam Sperry on July 29. Mr. Sperry indicated he would provide a revised resolution to correct the FmHA bond indenture problem on August 10. At the same time, he will submit the -1- • resolution to Arthur Andersen for their review. It should be ready for Board action on August 17. Status or Proposition 55 application for funding According to Jess Morehouse, Mr. Holzmeister stated, applications for Proposition 55 funding that are submitted early will be acted upon early. He hopes to submit it early in the week of August 10 , and suggested having a Water Committee meeting later this week and a special Board meeting on Friday or Monday. After some discussion it was decided to hold a Water Committee on Thursday, August 6 at 2:00 P.M. , and a special meeting of the Board on Monday, August 10 at 7:00 P.M. Sixteenth Biennial Conference on Groundwater Mr. Holzmeister provided the Board with an announcement of a conference on groundwater sponsored by the University of California and the State of California. He said it looks like an excellent conference; he indicated he would like to attend , and said it might also be of interest to the Directors. The total cost for each person attending is $200. It was decided that Mr. Holzmeister will attend the conference, and any Director interested in going should contact him for details. Soma Sierra tank - selection of color for tank Manager Holzmeister brought a color chart for the tank at Soma Sierra. Staff's recommendation is to paint the tank in the usual color, generator green; the Board had no objection. TDPUD Newsletter The Office Supervisor has been doing some preliminary investigation on producing a periodic newsletter, Mr. Holzmeister reported. Some estimated cots that have been secured were provided to the Directors and discussion ensued. Director Sutton stated she would like to see the PUD obtain quotes for preparing the masthead from qualified individuals within the District. Directors Sutton and Maass volunteered to sit on a committee to work with staff on developing a quarterly newsletter. PUBLIC INPUT There was no public input. COIMSPONDENCS ^ A copy of the July 27 , 1987 letter written to Dennis Marteeny was provided to the Board. It stated that in October of 1986 the Board denied the request of the Marteeny's to use District property, and asks that the -2- encroaching pavement placed by the customer be removed and the land returned to its original condition. Director Sutton asked that the Board discuss this matter further in closed session. COWITTEE REPORTS There were no committee reports. HIRSCHDALE WATER SYSTEM IMPROV1914ENTS - CONSIDERATION OF RESOLUTION APPROVING PLANS, SPECIFICATIONS AND BIDDING DOCUMENTS AND ISSUING A CALL FOR BIDS ON ELEMNTS I AND II OF THE PROJECT Consulting Engineer Dan Cook explained that the Board must make a decision as to how to handle the payment for bonds and insurance on the Hirschdale project. He prepared the bid documents in two formats , one with the bonds and insurance as a separate line item, the other without separate payment for bonds and insurance. Mr. Cook reviewed the construction time line with the Board: August 3, authorize the call for bids and advertise; August 17 , resolve the Rodrigues and Rivara rights-of-way issue; September 3, open bids; September 3, award the contract for the test hole , completed well and pump , tank and distribution system subject to State approval; September 18, receive bonds and insurance from the contractors and receive authorization from the state to award and proceed. The documents were reviewed by the Board, and Director Maass asked that: Cie statement "bid bond shall accompany bid" in the instructions to bidders be highlighted. With this change and including item A4 (the bond and insurance line items), he moved that the Board adopt Resolution No. 8735 approving plans, specifications and bidding documents for Elements I and II of the Hirschdale water system improvements: seconded by Director Sutton. ROLL CALL: Cooley, absent; all other Directors, aye. SO RESOLVED. REPORT FROM COUNSEL REGARDING AGREEMENT AND DISMISSAL OF WARD VS. ICUTTEL CASE Counsel Phelps noted that he checked with Richard Brown to determine the understanding leading to the terms of the settlement agreement in the Ward case not being publicized. Mr. Brown said the agreement was not submitted to the court or made a part of the court file. Brown says the agreement was drafted by David Perrault's office; it provides that an attached exhibit be the public announcement of the settlement. Mr. Phelps advised that there is no penalty for disclosing the terms of the agreement. The Public Records Act says court documents, pleadings, etc. can be kept secret until the matter is settled, then they must be made public. It was his opinion that the District would have to disclose the terms of settlement if a member of the public requested the information. There was some discussion concerning whether or not the Board authorized execution of the settlement agreement or if the insurance company settled !^ without consulting the Board. The Board asked to be copied with the appropriate minutes order. -3- • Director Sutton stated she thinks the case should be made part of the public record. She said she received a letter from Levenson Brothers which indicates the Ward vs. Kuttel file was closed out on 6/30/87 , and says payment was made to Mr. Ward in the amount of $40,000 and to attorneys representing the District in the amount of $39 ,193.90. (A copy of that letter has been attached.) The letter goes on to say Levenson is always interested in improving their claim service and asks or comments from the District. Director Sutton stated she thinks it might be worth while to respond; in her opinion there was a very important constitutional issue involved having to do with a publicly elected Board being able to hire and fire a manager. She said she does not think the entire question of whether or not a public Board has the power it appears to have was answered. Director Maass moved that a copy of the agreement be obtained and attached to these minutes so that it becomes a part of the public record. SO MOVED BY CONSENSUS. NEW DISTRICT COMPLEX Status of construction Mr. Holzmeister reported that the new building is 95% complete. Much of the remaining portion is paving and landscaping. Resolution approving specifications for window coverings and issuing a call for bids The Board reviewed the resolution and bidding documents for window coverings. It was determined that bidders should include their California license number; the successful bidder will be required to have workmen's compensation and a half million dollar liability policy. Director Sutton asked that the Department of Labor be contacted to see whether or not there is a prevailing wage rate for individuals installing window coverings. Director Maass moved, and Director Aguera seconded, that the Board adopt Resolution No. 8736 approving specifications and calling for bids on window coverings for the new District complex, and that the contract documents include the items discussed. ROLL CALL: Cooley, absent; all other Directors, aye. SO RESOLVED. The Manager was directed to set the time and date for the bid opening. Consideration of pay requests Pay requests fro Value Builders, Dale Cox and Morrill and Machabee were considered by the Board. Director Maass moved, and Director Aguera seconded , that payment to Value Builders in the amount of $136 ,103 be approved. ROLL CALL: Cooley , absent; all other Directors, aye. SO MOVED. Director Maass moved that the Board approve payment to Dale Cox in the amount of $2,045.89; seconded by Director Aguera. ROLL CALL: Cooley, absent; Sutton, no, stating her concern that perhaps the financial responsibility for the last change order having to do with the roof is the -4- architects. She said she would like to see the District negotiate this matter with Mr. Cox. All other Directors, aye. SO MOVED. Mr. Holzmeister noted that Eileen Sharp of The Works is preparing a punch list of corrections for Morrill and Machabee concerning the furnishings in the new complex. He suggested withholding 20% of the amount billed until all corrections are made. Director Maass moved, and Director Aguera seconded, that the Board approve payment to Morrill and Machabee for 80% of their invoice, $88,007. Twenty percent is to be withheld until_ all corrections having to do with the furnishings are complete. Consideration of change order The Truckee Fire Protection District is requiring the District to relocate a gas line serving the emergency generator. The total change order is $2 ,046. The Board reviewed the proposed change order, and Director Sutton questioned whether or not Fulton Water Company (one of the contractors listed to do this work) is licensed. Mr. Holzmeister assured her that Mr. Cox has been careful to check that the contractors are licensed. After some discussion, this matter was put over. Mr. Holzmeister was directed to find out why the gas line was situated incorrectly; this may be an item that the District should not pay for. Request for release of funds Director Maass moved that the Board authorize Requisition No. 14 requesting the Bank of America to release $151,225; seconded by Director Aguera. ROLL CALL: Cooley, absent; all other Directors, aye. SO MOVED. COMPUTER UPGRADE - CONSIDERATION OF RECOMMENDATION AND POSSIBLE DIRECTION Mr. Colburn presented the Board with an analysis that compares the estimated five year computer costs for three options, 1) keeping the existing system and going to another shift, 2) upgrading to a Micro Vax II, using Digital Systems, Inc. software, and 3) converting to an IBM System 36 and using Or Com Systems software. Based upon the analysis, Mr. Colburn recommended that the District purchase the Or Com Systems software and an IBM System 36. He said that, since the 1987 budget anticipated financing the purchase, he thought a lease would be a viable financing alternative. Mr. Colburn was asked to check into the State purchasing program. Mr. VanLandingham, present in the audience, noted that North Tahoe Public Utility District recently purchased an IBM System 36. He thought they would be willing to share information on the system with the District. After some discussion, Director Maass moved that Counsel be directed to prepare a written report outlining the proper way for the District to -5- ,�• either purchase or lease hardware and software. SO MOVED by consensus. The Finance Supervisor was directed to obtain a formal proposals for consideration at a future meeting. APPROVAL OF AGREEMENT WITH JACK Re DUTTWEILER AND RESOLUTION ACCEPTING BILL OF SALE FOR ELECTRICAL DISTRIBUTION SYSTEM The Board discussed the Duttweiler electrical primary line extension which was constructed in 1979. At the time of installation, no formal agreement with the District was required. In order to clearly state the terms of service, an agreement was prepared and signed by Mr. Duttweiler. It was determined that the line meets District standards and Mr. Duttweiler has paid all associated fees. Director Sutton noted that the line is on an unpaved road at a high elevation. She is concerned about the heavy snow load and possible outages. She said maybe the District should have some policy about not serving lines unless they are on a County maintained road, or perhaps have a different hook up fee and rate schedule for customers on unpaved roads. BY CONSENSUS, the matter was referred to the Electric Committee. (Director Aguera was appointed to take Mr. Hamilton's place on the Electric Committee.) Director Maass moved, and Director Aguera seconded , that the Board approve the agreement with Mr. Duttweiler and adapt Resolution No. 8737 approving and accepting the Duttweiler electrical distribution system for ownership, operation and maintenance. ROLL CALL: Cooley, absent; all other Directors, aye. SO RESOLVED, ALDER CREEK ROAD PIPELINE REPLACEMENT - REVIEW OF ENVIRONMENTAL DOCUMENTS; CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION ADOPTING NOTICE OF EI MPTION, PLANS AND SPECIFICATIONS FOR THE PROJECT AND AUTHORIZING A CALL FOR BIDS After review of the documents presented by Consulting Engineer Sauers for consideration, Director Maass moved that the Board adopt Resolution No. 8738 approving the environmental documents, notice of exemption, plans, specifications and bidding documents for the reconstruction of the Alder Creek Road pipeline replacement; seconded by Director Aguera. ROLL CALL: Cooley, absent; all other Directors, aye. SO RESOLVED. PONDEROSA PALISADES DUPLEXES - REQUEST FOR REDUCTION OF FACILITIES FEES Director Sutton noted that at the last meeting she requested information concerning parcelization and the County's requirements for this development. Director Maass moved that the Board deny the request for a reduction of facilities fees applicable to the irrigation system at Ponderosa Palisades Duplexes* Motion failed for lack of a second. The chairman tabled the matter and directed the Water Committee to review -6- • the recently amended policy. SELECTION OF REAL ESTATE TO HANDLE SALE OF 1.9 ACRE PARCEL ON CORNER OF HIGHWAY 89 .AND DONNER PASS ROAD A committee consisting of Directors Cooley and Maass interviewed five real estate brokers who expressed an interest in selling the Districts 1.9 acre parcel at the intersection of Donner Pass Road and Highway 89. Mr. Holzmeister reported that one firm proposed concentrating their sales efforts in the Truckee area; the other four proposed extensive promotion of the parcel outside Truckee. The committee felt that seeking a buyer outside of Truckee would insure the best results. Of the four brokers who proposed doing extensive promotion outside of Truckee, the committee recommended the appointment of Boice Countryside Realty; they quoted the lowest fee and would pay for advertising up front in exchange for a one-year listing. Director 14aass moved that the Board appoint Boice Realty to assist in the sale of the 1.9 acres , and that Bob Jones be asked to prepare the appropriate contractual documents for considerattoa during closed session at the August 17 meeting. The motion was se con&: by Director Sutton. ROLL CALL: Cooley, absent; all other Directors, aye. SO MOVED. RESOLUTION AMENDING RESOLUTION NO. 8722 RE STANDBY CHARGES (TO CORRECT ` TYPOGRAPHICAL ERROR) It was noted that the years 1986-87 appearing in Resolved Clause No. 1 of Resolution No. 8722 should be 1987-88. Director Maass moved, and Director Aguera seconded, that the Board adopt Resolution No. 8739 amending Resolution No. 8722 implementing and fixing electric and water standby charges pursuant to Ordinance No. 7501 for the fiscal year 1987-88. ROLL CALL: Cooley, absent; all other Directors, aye. SO RESOLVED. DISCUSSION AND POSSIBLE DIRECTION REGARDING ESTABLISHMENT OF A POLICY GOVERNING USE OF DISTRICT PROPERTY After some discussion, Director Maass moved that a policy prohibiting use of District land be prepared; seconded by Director Sutton. ROLL CALL: Cooley, absent; all other Directors, aye. SO MOVED. NEVADA COUNTY BUILDING PERMIT FEE FOR NEW COMPLEX It was noted that this matter was discussed by Counsel at the last meeting and was, therefore, passed over. NEGOTIATIONS WITH IBEW, LOCAL NO. 1245 CLOSED SESSION The meeting was adjourned to closed session at 9:45 P.M. pursuant to Government Code Section 94956.9(c) , to discuss pending litigation and union negotiations. -7- NSTUK TO PUBLIC SESSION The meeting was returned to public session at 10:55 P.M. There was no action taken or direction given by the Board. ADJOURNMENT There being no further business , the meeting was adjourned at 10:56 by consensus. 1z. DONNER P LIC UTILITY DISTRICT L. Corbett, Pr, ident by ' Susan Macdonald, Deputy District Clerk sm/d5c.2 -8-