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HomeMy WebLinkAbout1987-10-05 Min - Board REGULAR MEETING October 5, 1987 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Corbett at 7:02 P.M. in the TDPUD Board Room. ROLL CALL: Directors Aguera , Cooley , Maass , Sutton and Corbett were present. EMPLOYEES PRESENT: Lissa Schreiner , Bev Johnson , Nancy Jones , Mike Pimental , Mike McGovern, Debi Black, Paul Colburn, Peter Holzmeister and Susan Macdonald. CONSULTANTS PRESENT: Counsel John Phelps and Consulting Engineer Keith Sauers. OTHERS PRESENT: Ladelia Corbett , Robert Tilton , Kelly Cameron, Rick Ouchida, Dick VanLandingham, Karen White , Margrith Kuttel, Jenni Tucker , Don McCurry, Matt Curtis, Ann Marin, Liz Balza, Peggy Holzmeister, Patti Colburn and representatives of Channel 8 TV. APPROVAL OF MINUTES Director Maass moved that the minutes of August 17 , 1987 be approved as corrected by Counsel Phelps and Director Sutton. The motion was seconded by Director Sutton. Director Corbett noted that procedure calls for proposed corrections to the minutes to be submitted to the Secretary in writing and copied to all persons who receive a copy of the draft minutes. This gives people a chance to make sure they agree with the proposed corrections. He said that a motion made during the August 17 meeting directed staff to go forward with preparation of the newsletter. Director Sutton stated that there was discussion prior to the motion indicating staff would come back to the Board for final decisions relating to the publication. The Chairman clarified that the Manager was not in violation of a Board order , as the motion directed staff to go forward. ROLL CALL vote on the motion to approve the minutes of August 17 as corrected: all Directors , aye. SO MOVED. Director Corbett asked that the Board follow procedure in the future, and submit corrections in writing three days prior to the meeting at which the draft minutes will be considered. Director Aguera moved , and Director Sutton seconded, that the Secretary be directed to prepare the minutes of August 10 , 1987 in final form as corrected by Counsel Phelps. All Directors , aye, by voice vote. SO MOVED. Director Sutton moved that the minutes of September 8, 1987 be prepared in final form as corrected by Counsel Phelps; seconded by Director Maass. All Directors , aye , by voice vote. SO MOVED. Director Maass moved that the Secretary be directed to prepare the minutes of September 15, 1987 in final form as corrected by Counsel Phelps. The motion was seconded by Director Sutton. All Directors, aye , by voice vote. -1- SO MOVED, STATEMENT OF GENERAL FUND AND BILLS FOR APPROVAL After a brief review, Director Cooley moved, and Director Maass seconded, that the bills presented for consideration be approved for payment. All Directors , aye , by voice vote. SO MOVED. MANAGER'S REPORT - POSSIBLE DIRECTION Water quality analysis Manager Holzmeister reported that the District is required by the California Administrative Code to sample all water sources this year for general mineral, inorganic chemical, organic chemical and physical quality. Also, four sources must be sampled for radio-chemistry. The entire program will cost about $3,500. NCPA meeting Mr. Holzmeister noted that he attended the annual meeting of the Northern California Power Agency on September 24 and 25, and continues to be impressed with the quality of the conferences put on by NCPA and CMUA. Speakers discussed the need for transmission and distribution to be regulated and the low cost power that will be available in the northwest for many years to come. He also viewed an excellent slide presentation on the benefits of public power and what NCPA is doing to provide low cost power to its members. Bi-state compact meeting The Manager reported that he was unable to attend the Bi-state compact meeting on October 21 as a representative of CalTrans called to discuss renting the second story of the new complex for their Engineering Department, Director Sutton noted that she attended the meeting. Some of the discussion before the California Water Commission centered around bi-state groundwater and bi-state groundwater basins. Sierra Pacific gave some information about their plans (of which the District is already aware). Sierra and Plumas Counties were also present to state their opinions and positions. There was , she said, nothing relevant to the PUD. Budget report The packet contained the budget report through July. Mr. Holzmeister stated he believes the District is in excellent financial condition. SPPCo sponsored telephone survey Manager Holzmeister noted that Sierra Pacific is sponsoring a telephone survey of PUD customers. He did not have a copy of the questions and his knowledge was limited to what has been verbally reported by people who have been called. The questions appear to deal with satisfaction with electric -2- service , feelings about the new complex and fees charged , and whether they would want service from SPPCo if rates were lower than the PUD's. He was under the impression the questions were posed in a manner to lead the customers to the conclusion that they should be served by Sierra Pacific. Mr. Holzmeister stated he would request a copy of the survey from Reeve Fagg of SPPCo. Use of Board Room Mr. Holzmeister reported that the District has received two requests for use of the Board room; one from Chris Chandler's office, the other from the Election Clerk. Director Sutton noted that the Board should establish a procedure and fee schedule for use of the room, and the Manager indicated he would meet with the Building Committee to formulate a draft policy. California Municipal Utilities Association Mr. Holzmeister was asked by the CMUA to serve on their program committee. He noted he would like to participate , but would have to spend two different days with CMUA staff to come up with a program schedule. The Board indicated their approval. DRUG TESTING PROGRAM PROPOSED BY DIRECTOR COOLEY Director Maass stated that the draft resolution calling for mandatory drug testing was written by Director Cooley and distributed to all special districts in the area. Director Maass read the resolution for the benefit of the audience; a copy has been attached to these minutes for review. The resolution calls for mandatory drug testing by the TDPUD as well as other public entities; Director Maass noted that the District has no authority to impose mandatory drug testing on other public agencies. He stated he would be happy to discuss drug testing after the elections in November, but at this time, he said he feels it is nothing more than a campaign platform for Mr. Cooley. With respect to the Channel 8 news crew filming the discussion, he said the media is not covering real news , but created news. He moved the resolution, stating his intent to vote "no." Director Cooley said that this has nothing to do with the election; that it is political suicide for him to bring something like this up now because of how the community feels about drugs. He said he has no doubt that , come election time, he will be unceremoniously thrown out of office. He said that individuals involved in polluting Truckee with illegal drugs have made it perfectly clear they will stop at nothing to line their pockets with their ill-gotten gain; every fragment of our community is affected, he stated. Director Cooley said certain people in Truckee are currently under investigation for drug related activity. Director Sutton stated that, personally, she doesn't feel there is a need for mandatory drug testing as she doesn't think there is any problem. She said she believes the Board should be concerned about is how people perform on the job, and suggested that the District make certain its insurance provides for rehabilitation of substance abuse. Counsel Phelps noted that the item was listed on the agenda under closed -3- -- session material at his suggestion since a drug testing program would be a meet and confer item. ROLL CALL vote to adopt the resolution adopting a mandatory drug testing policy: Aguera, no; Cooley, yes, Maass, no; Sutton, no; Corbett , no. MOTION FAILED, Beverly Johnson, PUD employee, stated that she objects strongly to the way the draft resolution was distributed to other agencies within the community (with no cover letter). It created much confusion as to whether it was being proposed or had already been adopted. She also mentioned that this has established a reputation for the employees that is not justified. Director Sutton moved that a list of all the agencies to which the draft was provided be obtained from Director Cooley, and that the Chairman write to them stating that there is no drug problem at the District; further, that the resolution was not adopted. The motion was seconded by Director Maass. ROLL CALL: all Directors , aye. SO MOVED. Debi Black, District employee, also expressed her displeasure with the manner in which the proposed resolution was distributed. She said she has been contacted by members of the public associated with other District's asking about the alleged drug problem at the PUD, and resents the implication that a problem may exist. Nancy Maass, member of the audience, explained to the Board that drug testing is , in essence, illegal search of an individual. She went on to note that such testing has been proved inaccurate. CORRESPONDENCE Letter from Director Maass re 9/28/87 special meeting Concerning discussion at the last special meeting about the newsletter, Mrs. Maass said that Director Sutton implied she was in collusion with staff regarding its preparation, and accused her of being in a conflict of interest situation. Mrs. Maass said that she has not received any payment or gratuities, been given any mileage , had flowers sent , or been thanked by the District for providing her editing assistance. Her purpose, she said, was to save a public agency money. Director Sutton noted that she made no such accusation and did not implicate that there was a conflict of interest. Director Sutton suggested Mrs. Maass listen to the tape of the meeting. The Chairman , speaking as an individual , thanked Mrs. Maass for her assistance with the newsletter. He stated that Director Maass' letter explaining his reason for leaving the September 28 meeting would be attached to the minutes of this meeting. Letter from Department of Water Resources re Hi rschdale Concerning the District's request for an increase in the amount of state funding for the Hirschdale project , Director Maass moved that the President be authorized to sign necessary papers; the motion was duly seconded. ROLL -4- CALL: All Directors, aye. SO MOVED. Letter frost Counsel Phelps re TDPUD contract with Manager Director Sutton stated she thinks this should be an agendaed item and that there should be an evaluation of the Manager. The Board reminded her that an evaluation was performed the first part of the year. Director Maass said the annual review should be conducted the first of April. Counsel Phelps noted that performance is an item that can be discussed in closed session; monetary matters may be discussed in open session. No further discussion ensued. Letter from FHA re sale of District bonds Mr. Holzmeister reported that the District's FmHA loan has been sold to General Electric Credit Corporation. Due to problems with some of the loan covenants, General Electric has the ability to demand full payment. He will keep the Board informed. CONSIDERATION OF AMENDMENT TO LEASE WITH WEST STAR CABLE TELEVISION After review of the proposed lease amendments, Director Maass moved, and Director Aguera seconded, that the Board approve them. ROLL CALL: all Directors , aye. SO MOVED. DISCUSSION REGARDING ELECTRIC SERVICE TO MEEKS (WEEMS) AND POSSIBLE DIRECTION Mr. Holzmeister reported that , at the September 21 meeting, the Electric Committee recommended that the PUD serve Mr. Weems, and that Sierra Pacific be notified that the District will not grant permission for them to serve Mr. Weems. A letter was written to SPPCo stating this fact. Director Sutton stated she thinks the PUD should emphasize its ability and desire to serve power to those within its boundaries. The District's and SPPCo's line extension policies were discussed. Mr. Weems, present in the audience, stated he was not aware that his home was being constructed within the District's boundaries; he requested service from Sierra Pacific , signed a contract for the electrical extension , provided them with the necessary easement , and paid $1 ,800 in fees. After some discussion, Director Maass moved that the Board emphasize the District's ability and desire to serve all customer's within its boundaries and asked staff to pursue purchase of the facilities constructed by SPPCo within the District. Appropriate documents are to be prepared so that Mr. Weems may be served power by the District prior to the end of October. SO MOVED by consensus. APPROVAL FOR ARTHUR ANDERSEN & COMPANY TO FINALIZE 1986 AUDIT The Board reviewed Arthur Andersen's proposed amendments to the audit, and agreed on the change to the Water Operations Statement of Sources and Uses of Cash. Regarding the footnote to the financial statements pertaining to the Ward case , the Board requested the correct date of final -5- r-, settlement be included; also, the entire amount of payment to Ward is to be reported. NEW DISTRICT COMPLEX - STATUS REPORT - PROGRESS PAY ESTIMATES - REQUISITION FOR REIMBURSEMENT FROM BANK OF AMERICA Relating to the new complex , Mr. Holzmeister reported that there is landscaping and outside lighting to be completed, as well as a punch list of other minor items. Director Maass moved, and Director Cooley seconded, that the Board approve the payment request submitted by Value Builders in the amount of $113,155, ROLL CALL: all Directors , aye. SO MOVED. Director Maass moved that the request for release of funds from the Bank of America in the amount of $113,155 be approved; seconded by Director Cooley. ROLL CALL: all Directors , aye. SO MOVED. CONSIDERATION OF PROGRESS PAY ESTIMATE ON SOMA SIERRA TANK PROJECT Consulting Engineer Keith Sauers noted that the Soma Sierra project is 87% complete and the contractor is making suitable progress to complete the job on time. He recommended approval by the Board of the Drogress payment in the amount of $26 ,673. Director Maass moved, and Director Aguera seconded, that the Board approve the progress payment in the amount of $26 ,673 to Resource Development Company. ROLL CALL: all Directors, aye. SO MOVED. AUTHORIZATION TO SCHEDULE OPEN HOUSE DURING OCTOBER IN RECOGNITION OF PUBLIC POWER WEEK AND WATER AWARENESS WEEK Mr. Holzmeister explained that the American Public Power Association and the American Water Works Association have set aside a week in October to make Americans aware of the benefits of public power and clean water. He proposed that the District hold an open house during October and invite the customers to visit and talk about public power and water quality. A great deal of material is available from various associations to help in this effort. After discussion, Director Maass moved that the Board authorize the Manager to schedule an open house; seconded by Director Aguera. All Directors , aye, by voice vote. SO MOVED, RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING ITS SALE After review of the draft , Director Maass moved that , subject to the Manager putting minimum bid prices on the more valuable items, the Board approve Resolution No. 8747 declaring certain property surplus and authorizing its sale. The motion was seconded by Director Aguera. ROLL CALL: all Directors , aye. SO RESOLVED, Counsel Phelps reviewed the policy (Resolution No. 8212) concerning disposal of surplus items and noted that , if no bids are received, the -6- Manager has the authority to dispose of the items at his discretion. Director Sutton requested that Counsel provide an opinion on whether Directors and employees of the District can bid on surplus property. Mr. Phelps said he would be happy to look into this issue. No direction was given. ADJOURNMENT There being no further business before the Board , Director Maass moved that the meeting be adjourned at 9:26 P.M. ; seconded by Director Aguera and passed unanimously. TR19CKEE DONNER PUBLIC UTILITY DISTRICT a &a-r-t J L. Corbett, P ident P pared by Susan Macdonald, Deputy District Clerk sm/d5c/10 -7-