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HomeMy WebLinkAbout1986-04-21 Min - Board REGULAR MEETING April 21 , 1986 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Maass at 7:00 P.M. in the TDPUD Board room. ROLL CALL: Directors Cooley, Corbett , Hamilton, Sutton and Maass were present. EMPLOYEES PRESENT: Peter Holzmeister and Susan Craig. CONSULTANTS PRESENT: Counsel John M. Phelps. OTHERS PRESENT: Carol Armstrong, Richard Morse , Kristin Krone , Eric Monson, Eric Comstock, Julie Achueta, Robin Barber, Peter Sandel and C. R. VanLandingham. APPROVAL OF 14INUTES Director Corbett moved, and Director Cooley seconded, that the minutes of February 18, 1986 be approved. All Directors, aye , by voice vote. SO MOVED. It was noted that the minutes of February 26 through March 2, 1986 should be amended to include Director Cooley's attendance at the conference in San Diego. Thereafter, Director Sutton moved, and Director Cooley seconded, that the Secretary be directed to prepare the minutes of February 26 - March 2. 1986 in final form as amended. All Directors, aye, by voice vote. SO MOVED. Director Sutton asked that the minutes of March 17 , 1986 be put over in order that she may review the tape of the meeting and possibly submit corrections. The Chairman indicated they would be tabled to the next regular meeting. Director Corbett moved, and Director Cooley seconded, that the Secretary be directed to prepare the minutes of April 4, 1986 in final form as written. All Directors, aye,, by voice vote. SO MOVED. BILLS FOR APPROVAL The Manager asked if he could include the invoice for air fare to the conference in Toronto for himself and Directors Corbett and Cooley with the other bills submitted for consideration; the Board agreed. Director Corbett moved , and Director Cooley seconded , that the bills presented for consideration (including the air fare to Toronto) be approved for payment. No vote taken; MOTION FAILED. Director Sutton asked if the Board was copied with the Keith Sauers' bill ,and Mr. Holzmeister advised that copies were provided on April 7th. He briefly explained the charges. She requested that, rather than having to come into the office to pick it up, her material be mailed. -1- .. Director Corbett moved, and Director Hamilton seconded, that the bills presented for consideration (including the air fare to Toronto) be approved for payment. All Directors, aye, by voice vote. SO MOVED, MANAGER'S REPORT Gray Creek Hydroelectric Project Mr. Holzmeister reported that the Gray Creek project area is privately owned, and federal preference provisions do not apply to the issuance of the license. The project is small, contemplating a 780 KW capacity and 1.3 million KWH annual production. (The estimates were based on flows in Prosser Creek, not in Gray Creek as there is no adequate record of flows in Gray Creek. ) The unsupported estimated cost of the project is $1 .5 million. The owner of the project , Jess Bailey, contacted the Manager and indicated his interest in having the TDPUD make the investment. The District would receive the power and he would be compensated in some way; however, no specific proposal has been formulated by Mr. Bailey. Manager Holzmeister said that, at this time, there is not enough information to fully evaluate the project. PUBLIC INPUT There was no public input. CORRESPONDENCE Norm Greenberg - ATV's Regarding Norm Greenberg's letter bringing the District's attention to use of a water tank site in Ponderosa Palisades by children riding ATV's , Mr. Holzmeister noted the following possible solutions: fence the entire site, post no trespassing signs and ask the Sheriff to enforce the signs, notify the parents of the children if they can be identified. Director Sutton stated she is concerned about liability to the District and thinks alternatives should be seriously investigated. Counsel Phelps noted that, once something of this nature is brought to the attention of the District , the liability is greater. He suggested posting no trespassing signs and authorizing Mr. Greenberg to call the Sheriff if there is unauthorized use. Director Sutton recommended placing a chain across the roadway. The Chairman advised that Proposition 51 may pass in June; if so, liability to the District will be reduced. After thorough discussion, it was the consensus of the Board to post no trespassing signs on any TDPUD property that may be used by children riding ATV's and to ask for enforcement by the Sheriffs Office; to identify and notify the parents of children with all-terrain vehicles, and to prepare a news release citing the District ' s disapproval of use of its land by all-terrain vehicles. SO MOVED. COMKITTEE REPORTS No committees have met since the last regular meeting. -2- CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A QUIT CLAIM DEED TO THE TAHOE TRUCKEE UNIFIED SCHOOL DISTRICT - AP118-570-03 Director Sutton stated that perhaps the District should have allowed the adjoining private property owners a chance to purchase this property. After some discussion and review of the draft resolution authorizing execution of a quit claim deed to the Tahoe Truckee Unified School District for a portion of Assessor's Parcel No. 18-570-03, Director Hamilton moved, and Director Corbett seconded, that the Board adopt Resolution No. 8608, with a change indicating School District facilities rather than the high school are located on the subject property. ROLL CALL: all Directors , aye. SO MOVED. Director Sutton asked that, in the future, she be notified of matters such as this in advance of receiving the Board packet. CONSIDERATION OF RESOLUTION APPROVING SPECIFICATIONS AND CALLING FOR TREE TRIMMING PROPOSALS Manager Holzmeister advised that the District began its tree trimming project last year and didn't quite finish before the weather changed. Upon completion this year, the PUD will be in good condition and shouldn't have to trim again for five years. Funds have been allocated in the budget. In reply to Director Sutton's question, Mr. Holzmeister noted that the District spent approximately $75,000 last year for trimming, and will require about one third as much work this season. The contract was reviewed and questions answered. Director Sutton complained that she owns property on which trees were trimmed last summer and was not notified that the work would be done. Replying to another question, Mr. Holzmeister advised that wood that is cut is available to the property owner; if he does not want it, anyone may haul it away. The tree trimmers do not remove the wood, only slash. After reviewing the draft resolution, Director Hamilton moved, and Director Corbett seconded , that the Board adopt Resolution No. 8609 approving specifications and calling for tree trimming proposals. ROLL CALL: Director Sutton, aye, with the understanding that the cost will not exceed $35 ,000; all other Directors, aye. SO RESOLVED, CONSIDERATION OF RESOLUTION AUTHORIZING ANNUAL CONTRACT FOR DISPLAY ADVERTISING WITH THE SIERRA SUN Director Corbett stated that he writes for the Sierra Sun, but has nothing to do with the administration; he felt he had no conflict. Director Hamilton moved, and Director Corbett seconded, that the Board adopt Resolution 8610 authorizing the execution of an annual display advertising contract with the Sierra Sun. ROLL CALL: all Directors, aye. SO RESOLVED. Director Sutton asked the District to check whether a contract is available for legal and public notices, which would be beneficial to the PUD. Mr. Holzmeister agreed to do so. -3- ,� CONSIDERATION OF RESOLUTION AMENDING POLICY RELATING TO PAYMENT OF EXPENSES TO DIRECTORS FOR AUTHORIZED DISTRICT BUSINESS The Board was in receipt of Mr. Holzmeister's proposed policy concerning the handling of conference-related expenses. With respect to his suggestion that the District maintain a credit card, President Maass stated this is probably not in the best interest of the District because of potential misuse. Director Sutton said she would like to see this matter referred to the committee which was appointed for the purpose (Sutton and Cooley). Mrs. Sutton went on to say she has a problem with some of the negative statements in the preamble; she thinks public agencies should budget for employees and the Board to attend conferences , but should account for the funds. Director Sutton moved, and Director Cooley seconded , that the matter be referred to the committee that has already been created; that the committee meet with the Manager and report back to the Board with recommendations no later than the first meeting in June. All Directors, aye, by voice vote. SO MOVED, CONSIDERATION OF RESOLUTION INDEMNIFYING THE DIRECTORS OF THE DISTRICT The Chairman referred to Counsel Phelps' memo of April 18, 1986, which noted the Legislature has provided that public agencies must provide a defense to employees sued as a result of their official conduct and must pay judgments awarded against employees (Government Code Sections 825-825.6 and 995-996.6). The memo went on to say he was initially concerned that the protections afforded by the Government Code would not extend to directors, since directors are not typically considered to be employees of the District. However , court cases have made it clear that elected officials are treated as public employees. As a result, the PUD Directors and all of its employees have a right to be indemnified by the District in the event they are involved in litigation as a result of acts or omissions occurring within the scope of their position with the District. NEW COMPLEX BID OPENING Responding to Director Sutton's question, Mr. Holzmeister stated the bid opening for the new complex was changed to April 29, 1986 at 2:00 P.M. Director Sutton noted she thought only the Board could change bid opening dates. Thereafter, Director Corbett moved that the date be officially changed to April 29, 1986; seconded by Director Hamilton, All Directors, aye, with the exception of Director Sutton, who voted no. She stated her "no" vote was for lack of notice by the District that the bid opening needed to be postponed prior to April 16th, which was the original bid opening date. SO MOVED. ADJOURNMENT There being no further business before the Board, Director Hamilton moved, and Director Corbett seconded , that the meeting be adjourned. All —4— A#... Directors , aye , by voice vote. SO MOVED at 7 :55 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �.- J s A. Maass, esident Prepared b Susan M. Craig, Deputy District Clerk smc d5.7 -5-