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HomeMy WebLinkAbout1985-11-18 Min - Board REGULAR FETING November 18, 1985 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by Vice President Maass at 7:00 P.M. in the TDPUD Board Room. ROLL CALL: Directors Corbett, Hamilton and Maass were present. Directors Duffy and Cooley were absent, Director Cooley being ill. CONSULTANTS PRESENT: District Engineer Keith Sauers and Counsel John M. Phelps were present. EMPLOYEES PRESENT: Peter Holzmeister and Susan Craig. OTHERS PRESENT: Pat Sutton, Dick VanLandingham, David Toussaint, Jennifer Smith, Barbi Maihudin, Lori Hagendorn, Christie McCurry, Julie Wilmerding, Wendy Parker, and Lew Eichel. APPROVAL OF MINUTES Director Hamilton moved, and Director Corbett seconded, that the minutes of October 7 and 21 , 1985 be approved as written. All Directors, aye, by voice vote. SO MOVED. With respect to the minutes of October 21st, there was some concern on the part of Director Corbett as to the use of the word "will," in place of "would." It was determined that the minutes were grammatically correct. Director Corbett stated his concern was over the meaning of "will" as being certain, when "would" meant that it would be done only if necessary in relationship to the possible rate increase in May. Director Corbett asked whether there should have been some direction indicated during discussion of the Truckee Intermodal Transportation Terminal in the minutes from October 25th. The Secretary reported she listened to the tape of that meeting and heard no specific direction given by the Board. Director Hamilton moved , and Director Corbett seconded, that the Secretary be directed to prepare the minutes of October 25 and November 4, 1985 in final form as written. All Directors, aye, by voice vote. SO MOVED. BILLS FOR APPROVAL After review of the bills presented for consideration, Director Hamilton moved that they be approved for payment; seconded by Director Corbett. SO MOVED by voice vote. MANAGER'S REPORT Delegations from the Board to the General Manager -1- Mr. Holzmeister noted that the Board has just adopted the budget for 1986 which authorizes funding for several different kinds of expenditures. These proposed delegations are a companion to the budget , which set priorities and give clear assignments to staff as to what the Board finds important. It was decided to consider and possibly approve the draft at the next regular meeting. Budget report The Manager noted that budget reports covering the period through the end of October were provided to the Directors this evening. The report shows expenditures in the amount of 83.3% of the 1985 budget, and Mr. Holzmeister explained how this can be a guide for the Board. PUBLIC INPUT Pat Sutton - Brown Act For the record, Mrs. Sutton read to the Board a letter dated November 18 , 1985 addressed to Counsel Phelps responding to his letter of November 15th. "Your letter to me dated November 15 , 1985 is not responsive to the concern I expressed during the public hearing on an ordinance accepting an offer to purchase the 1.9 acres at the November 4. 1985 meeting of the Board of Directors of the Truckee Donner Public Utility District. I indicated that I was aware of the new section of the Brown Act which allows a local agency to hold a closed session with its negotiator regarding the purchase , lease or sale of property, and I inquired why the Board had not been advised that there is a companion requirement for the Board to publicly disclose, prior to such closed session(s) , the identity of the party with whom its negotiator is negotiating. Although the District had been in negotiations for over two months or more, the identity of the potential purchaser of the 1 .9 acre parcel was not disclosed until after another closed session during the adjourned meeting of October 21 held at 4:00 P.M. on Friday, October 251, according to the draft minutes of that meeting. The Board has clearly been in violation of Section 54956.8 of the Government Code during its involvement in this property transaction." CORRESPONDENCE Richard J. Fambrini Note was made of the November 11 , 1985 letter from Mr. Fambrini concerning his security light, and the on-going maintenance and repair problems the -2- light has caused the District. Mr. Holzmeister made the decision to cancel the contract and remove the light after 30 days written notice; Mr. Fambrini, in his letter, threatens to sue the District for discrimination, and states his belief that "there is not an honest person in Truckee." Counsel stated that the security light contract provides that either party may cancel the contract after four years, and upon 30 days written notice. Director Corbett indicated he would like to discuss certain aspects of this matter during closed session prior to a decision being made. High Sierra Senior Citizens Regarding the correspondence from the High Sierra Senior Citizens dated November 12, 1985, Mr. Holzmeister stated that he spoke with Virginia Kaiser this date. Several months ago the Board authorized the District to put a street sign at Estates Drive (TDPUD property) to make locating the Senior Center easier. The sign was made by the County and delivered to the District, but inadvertently was never set up. Rather than place a sign on the PUD property across from the entrance to Estates Drive giving directions to the Center as requested by the Senior Citizens, Mr. Holzmeister will have the street sign set to see if the problem is solved. If the problem continues, Ms. Kaiser will contact the District. SKISLOPE PIPELINE REPLACEMENT - CONSIDERATION OF CONTRACT CHANGE ORDER OF HALL'S EXCAVATING Counsel Phelps advised that public construction contracts require a two thirds vote of the Board for approval of any change order. Since only three Directors were present, the matter was tabled to the December 2nd meeting. CONSIDERATION OF CHANGING INSURANCE LIMITS IN CONTRACTS AND AGREEMENTS Manager Holzmeister reported that there is no addiditional information on the recommendation to reduce liability insurance to $2,000,000 for minor projects since his memo of November 1 , 1985. Based on comments made at the last Board meeting, he suggested an ad hoc committee be appointed to perform further research and make a recommendation to the Board. Counsel stated he receives a monthly publication of jury verdicts which describes cases , decisions and awards; it was decided review of this information would be helpful. Since there will most likely be no further contracts or development agreements until Spring, the matter was tabled. SASSARINI REQUEST FOR PURCHASE OF LAND - POSSIBLE DIRECTION Nick Sassarini has asked to purchase the portion of AP19-130-26 lying southerly of the westerly extension of South River Street; he must -3- routinely cross the property to gain access to his residence. Dick VanLandingham, present in the audience, was authorized to act as his agent. One of Mr. Sassarini's concerns is that Hilltop Lodge is planning a cross country ski program this winter, and skiers will be traversing the subject property. Director Corbett noted there is a guy wire on the parcel which is classified as an attractive nuisance. He (Mr. Sassarini) plans to make the parcel inaccessible, and would grant all easements necessary to the PUD. Mr. VanLandingham noted that a boundary line adjustment or resubdivision will be necessary and County approval for a parcel split or revision will have to be obtained and processed. Counsel noted that an appraisal of the property in this instance wouldn't be of much value since there is no market for such property. He suggested the District declare the property surplus , notify the appropriate state agencies and surrounding land owners of its availability, and set a fair price. Going to bid to sell real estate that has been determined to have no value is not required by the law. The possibility of granting Mr. Sassarini appropriate easements crossing the subject property rather than selling the land was discussed , and Director Maass directed staff to investigate all possibilities and return to the Board with a recommendation. CONSIDERATION OF RESOLUTION AUTHORIZING MANAGER TO SIGN PAYROLL CHECKS AND CONSUMER DEPOSIT REFUND CHECKS After review of the draft resolution permitting the Manager to sign (as one of the signators) routine and ordinary payroll and consumer deposit refund checks , Director Hamilton moved that the Board adopt Resolution No. 8544; seconded by Director Corbett. ROLL CALL: Cooley and Duffy, absent; all other Directors, aye. SO RESOLVED, PROPOSAL OF HYDRO SEARCH RELATING TO NEVADA COUNTY GROUNDWATER ORDINANCE - POSSIBLE DIRECTION The Manager advised that he and Counsel Phelps met with Deputy County Counsel regarding the proposed groundwater ordinance. The County is relying heavily on the document prepared by HydroSearch several years ago for their technical information. Mr. Holzmeister is of the opinion that if Dr. Sharp clarifies the language of his report, it will be possible to prepare an ordinance that is satisfactory to both the County and to the District. After some discussion, Director Hamilton moved that the Board accept the proposal of Hydro Search to provide hydrologic consulting services on behalf of the District at a rate of $70 per hour. The motion was seconded .10� by Director Corbett. All Directors, aye, by voice vote. Mr. Holzmeister noted that the redrafted ordinance will be considered by -4- the County on December 2nd at a Truckee meeting. AUTHORIZATION TO GO FORWARD AITH PLANS FOR EMPLOYEE CHRISTMAS PARTY Several years ago, the Board directed Counsel to research the legality of using District funds for an employee Christmas party. It was found that employee benefits, including Christmas parties, are proper purposes for District funds. Such benefits are competitive with private industry and improve employee morale. Mr. Holzmeister stated the Activity Committee has investigated the matter. Northwoods Clubhouse and OB's are available on December 13th and 20th for a dinner party; the approximate cost is $1 ,250. Director Hamilton moved , and Director Corbett seconded, that the District go forward with preparations for the Christmas party. All Directors, aye. SO MOVED. CONSIDERATION OF AUTHORIZING SUBSTITUTION OF ATTORNEYS Director Maass noted that , since Counsel Phelps has a conflict in the Ward case , Martin McDonough suggested substituting G. Richard Brown of his firm, who is familiar with public representation and labor law. David Perrault , the attorney representing the District on behalf of the insurance company, speaks highly of Mr. Brown also. Mr. Holzmeister advised that Mr. Perrault offered to set up a conference call in order for the concerned parties to interview Mr. Brown. Director Maass noted that any party not wanting to go along with this substitution may have to bear his own expenses. Since there is no urgency in the substitution, the matter was put over to December 2nd in order that Director Corbett may discuss the issue with Karl Kuttel (both defendants in the case). CLOSED SESSION Director Maass adjourned the meeting to closed session at 7:52 P.M. in order to discuss the Fambrini matter. RETURN TO PUBLIC SESSION The meeting was returned to public session at 8:09 P.M. The Fambrini matter was discussed during closed session and, by consensus, Mr. Holzmeister was directed to prepare a draft letter for signature by the Board expressing its disappointment in Mr. Fambrini's feelings , and noting that if he chooses to file a discrimination suit against the District , the PUD will deal with it at that time. -5- 100�- ADJOURNMENT There being no further business before the Board, after motion duly made , seconded and passed unanimously, the meeting was adjourned at 8:10 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT • rY 5:6m-e�sA. Maass, President Prepared by: Susan M. Craig, Deputy Xstrict Clerk -7-