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HomeMy WebLinkAbout12 District Bylaws and code fees Agenda Item # 12 Public Utility District WORKSHOP To: Board of Directors From: Robert Mescher Date: April 16, 2014 Subject: Discussion of Possible Revisions to the District Bylaws, Code and Fees 1. WHY THIS MATTER IS BEFORE THE BOARD The Board periodically reviews and updates the District Bylaws, Code to include new or changed Board policies, new applicable laws, regulations and District procedures. Additionally, staff has reviewed fees related to utility service relocation and upgrades, and is recommending some of the fees to be modified. Only the Board can modify District Bylaws, Code and Fees. 2. HISTORY The District Code and Bylaws were last reviewed and updated on June 6, 2012. 3. NEW INFORMATION District Bylaws and Code Staff has reviewed the District Code and is recommending changes and updates. Changes to District Bylaws and Code are recommended due to the following reasons: Policy Changes Previously Approved by the Board or Labor Negotiations 4.07.030 Retirement Plan - to update this section to be consistent with existing pension plans; 4.07.070 Holidays - to update this section to be consistent with existing MOU; Addendum to Authorized Purchasers 3.08.020.3 Purchase Orders under $10,000 - adds Special Projects Administrator as an authorized purchaser; 3.08.020.X Purchase Orders under $5,000 - includes Superintendents, System Engineers, Conservation Programs Administrator or the Finance and Accounting Manager as authorized purchasers; New Policy for Public Records Requests 5.36.010.4 Public Records Requests - added section to clarify that the District is consistent with California's Public Records Act; Cleanup and Clarifications Bylaws 2.02.020.8 Officer Elections and 2.04.050.1 Notice Meetings - omits obsolete language; 2.40.010.6(E) General Manager's Reports to the Board - omits obsolete language; 2.56.050 Board Code of Conduct - modified to describe frequency of continuing education; 3.08.080 Change Orders- clarifies the General Manager's authorization regarding change orders; 5.02.010.1 New Service Deposits - replaces obsolete language; 5.02.010.1(B) Deposit Waived - updates section to include all automated payments; 5.02.010.2 New Construction Deposits - replaces obsolete language; 5.02.010.6 Reconnection for Inspections - omits obsolete language; 5.16.010.1 Billing Disputes - clarifies that routine questions are not billing disputes; 5.20.050 Miscellaneous Service Fees (Electric) - replaces obsolete language; 5.28.020 Miscellaneous Service Fees (Water) - replaces obsolete language; 5.40.010.1 Complaints - clarifies that formal billing disputes will be logged as a complaint; 5.37.020 Important Issues Definitions - omits obsolete language; and 8.04.20.1 Petition of an Easement - removes the need for a notarized signature and add a need for proof of ownership. 8.04.20.5 Abandonment of an Easement - corrects a grammatical error Attachment 1 is a redlined version of District Bylaws and Code. Fees Staff has reviewed the District's fees. Two fees are recommended to increase to reflect the average actual costs. The fee for relocating an overhead power service is recommended to increase from $371 to $467 and the fee to provide temporary power is recommended to increase from $773 to $1,248. Several fees for single phase connections are redundant and can be combined with other fees. Underground power relocation and fire sprinkler water meter box upgrade fees were previously billed at "actual cost". Staff is recommending flat fees which are based upon recent average actual costs. • Underground power is relatively new in our District. Relocating underground power is becoming more frequent. • Typical water meter boxes are not large enough for the meters of new homes with fire sprinklers and they must be upgraded. Attachment 2 is a redline of the recommended changes. 4. FISCAL IMPACT Two fees are recommended to increase to reflect the average actual costs so that individuals receiving the services are not subsidized by other rate payers. The fee for relocating an overhead power service is recommended to increase from $371 to $467 and the fee to provide temporary power is recommended to increase from $773 to $1,248. In 2013, the District provided five overhead power relocations and one temporary power service. 5. RECOMMENDATION Review the proposed Code and Bylaw revisions and provide direction to staff. Robert Mescher Michael D. Holley Administrative Services Manager General Manager Attachment 1 PROPOSED CHANGES TO BYLAWS 2.02.020.8 The officers of the District shall be elected at the first meeting in December of each year for a one year term. It shall be the policy of the Board to attempt to give each Director the opportunity to serve as President and Vice President for one year during their four-year term. Notwithstanding the foregoing, an incumbent President or Vice President may be re-elected to that office. The officers serve at the pleasure of the Board and may be removed from office prior to the expiration of their one-year term. 2.04.050.1 A wFitteR notice of all meetings (agenda) shall be mailed or e mailedsent to each Director as far in advance of the meeting as possible, but, in any event, either mailed- e m +ilert or expressly hand delivered so as to be received 72 hours in advance of the meeting. Notwithstanding the foregoing, and in accordance with Section 2.04.040 herein, notice for all special meetings shall be made at least 24 hours in advance of said meeting. Any Director may, at his discretion, file a signed waiver of such notice with the District. PROPOSED CHANGES TO DISTRICT CODE Delegations from the Board of Directors to the General Manager 2.40.010.6(E) Items will be reported to the Board by the Manager as appropriate uRder MaRageF's-fit during regular Board meetings. Board Code of Conduct 2.66.050 Procedural Considerations The BeaFd of D'reGtGFS shall GOMFnit to annually review mpeFtaRt ireeGed irn�l m^atteFials+ At the begiRning „f o^^h „o^r the Board of Directors will review Board Code of Conduct, the Brown Act and other matters related to Board procedures periodically as part of continuing education. Procurements 3.08.020 Procedure for Purchase of Commodities or Equipment Under$15,000 3.08.020.3 Purchase orders for the purchase of commodities or equipment, with a value of ten thousand dollars ($10,000) or less, may be issued by the General Manager, a4y-Department Head,eF the authorized Buyer/Clerk, or Special Proiects Administrator to any approved vendor after considering price, terms and delivery schedule. 3.08.020.4 Purchase orders for the purchase of commodities or equipment, with a value of five thousand dollars ($5,000) or less, may be issued by the Superintendents, System Engineers, Conservation Programs Administrator, or the Finance and Accounting Manager to any approved vendor after considering price, terms and delivery schedule. 3.08.028 43.08.020.5 Should overruns or change orders expect to exceed authority of the party issuing the purchase order, the next higher level of authority shall be notified for their approval to continue. 3.08.080 Chanqe Orders The District cannot afford to maintain a large enough construction crew or all types of service related skills to be able to undertake all projects and services in-house. Therefore, it relies on contractors and service providers to perform work. These contractors and service providers perform work in accordance with plans and specifications and based on a fixed price contract. There are occasionally circumstances encountered after a contractor or service provider has begun work that requires a change in the plans and specifications or scope of work and result in a change in the contract price. These changes are generally matters that could not be anticipated nor planned during the design and specification phase of the project. The contract change order is the procedure whereby plans and specifications or scope of work and contract price can be changed after the contract is executed and work has commenced. The Board of Directors authorizes the execution of contract change orders when the total Gest 0 the nhanne eFders will be $1 000 er greeter up to the General Manager's contract authorization or up to the individual contract change order authorization previously established by the Board. Most contract change orders are such that their consideration by the Board can wait for a regular Board meeting. However, under certain circumstances it is to the District's benefit to permit the General Manager to authorize the Department Head to proceed with change order work or to request a special board meeting to consider the matter. Work can proceed on a contract change order prior to being reviewed by the Board of Directors under the following circumstances: Employee Benefits 4.07.020 Insurance Plans 4.07.020.1 Group Medical Insurance Plan: The District shall provide and pay the full premium for coverage of employees and their dependents. Part-time employees will receive a pro-rated contribution based on their percentage of full-time equivalency. Employees have a choice between two plans: (a) The NRECA Preferred Provider Organization (PPO) plan with a $400 individual/$1200 family deductible. (b) The NRECA High-Deductible Health Plan with a $4200-1,250 individual/$2409-2,500 family deductible. The District will make a contribution to the employee's Health Savings Account if this lower cost plan is selected. 4.07.030 Retirement Plan The District will provide and maintain membership in the California Public Employees Retirement System (CalPERS). Employees hired by the District starting January 1 2013 or later will be determined by CalPERS to be a (1) Classic member and be enrolled in the 2.7% @ 55 Plan; or(2) PEPRA member and be enrolled in the 2.0(a-), at 62 plan. ; w0th all the nntinnal benefits adopted en gi242004 4.07.070 Holidays Following are the recognized paid holidays for all regular management employees: New Year's Day January 1 Presidents Day gird-Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day fir-st-First Monday in September Veterans Day November 11 Thanksgiving Day fauFth Fourth Thursday in November Day after Thanksgiving fourth Fourth Friday in November Christmas Eve December 24 Christmas Day December 25 Employee's Birthday Employee's Birthday The Christmas Eve holiday shall be observed on the work day immediately prior to the date of observing the Christmas Day holiday. The Employee's Birthday holiday shall be observed on a date chosen by the employee within a time period of five (5) days prior to or five (5) days subsequent to the employee's birth date. Holiday's falling on a Saturday or Sunday: When any of the allowed holidays fall on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the following Monday will be observed. Eligibility: If an employee takes off any of the days observed by the District as a holiday and is absent without pay and/or authorization on the work day either immediately preceding or following such day observed by the District as a holiday, such employee will not receive holiday pay. Deposits 5.02.010.1 A deposit, equal to two times the highest monthly bill within the last 24 months, will be required of all customers before electric and/or water service is supplied. In cases where no billing history has been established, customers will be required to pay a minimum deposit (818GtFOG andier water) as defined in the—Mis6ellaneAUs Fee 2--�d"le that is based upon customers with similar services. 5.02.010.1(B) Customers who utilize the G!eGtF,nin FURds Transfer (EFT)District's automated Payment program will be eligible for deposit waiver. If a non-sufficient funds event occurs, a deposit will be required and will be automatically added to the customer's bill 5.02.010.2 A deposit will be required of all new construction customers before electric and/or water service connections are scheduled. The minimum deposit will be that arneu Rt established by the Set f9Fth—,,; the Mtssellaneous Fees gGhGdU!e. estimated based upon customers with similar services. New construction customers who have met the credit requirements in Section 5.02.010.4 below will not be required to pay a deposit. 5.02.010.6 Customers or their agents who request to have services reconnected for inspections (See Chapter 5.12.050.3) shall be required to pay a minimum deposit. Refer tee Customers with balances owing shall also be required to pay the entire balance owing prior to reconnect 5.12.050.2 Customers or their agents may request reconnection of electric and/or water services for a maximum 48 hour period in order to conduct inspections on a residence/business for sale. This temporary reconnection shall require a minimum deposit as prescribed in Chapter 5.02. "eat-New Account fees as established in the Miscellaneous Fees Schedule shall also apply. Customers with balances owing shall also be required to pay the entire balance owing prior to reconnect. Billing Disputes and Complaints 5.16.010.1 A customer may request an investigation of their bill or request an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment. The request shall be reviewed by a manager of the District. Billing disputes exclude routine questions about consumption or payment agreements. 5.40.010.1 Complaints will be logged by the Customer Services Department. Formal billing disputes as defined in Section 5.16.010.1 will be lopped as a complaint. Fees 5.20.050 Miscellaneous Service Fees Any customer requesting work for their sole convenience that is to be performed by the District, will be charged the actual cost of the service performed including material, labor, equipment, overhead, administrative costs and any appropriate facilities fees unless a flat fee has been established to provide the service (see Electric Fees-). 5.28.020 Miscellaneous Service Fees Any customer requesting work for their sole convenience to be performed by the District, will be charged the actual cost of the service performed, including material, labor, equipment, overhead, administrative costs and any appropriate facilities fees unless a flat fee has been established to provide the service (see MTsG;laneous Fees Schedule-_Water Fees). Information Available to the Public 5.36.010.4 Formal Requests of Public Records It is the District's policy to provide all members of the public access to its records and to promptly make the fullest possible disclosure of its records in accordance with the California Public Records Act. "Public records" include any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by District regardless of the manner in which the record has been stored. Requests to inspect or to obtain a copy of a public record should be made in writing to the District Clerk at Truckee Donner Public Utility District, 11570 Donner Pass Road, Truckee, CA 96161 and a form will be sent to the requestor. The District has the discretion not to disclose records which do not qualify for a specific exemption under the Public Records Act if it determines that the public interest served by not making the record public clearly outweighs the public interest served by disclosure, pursuant to Government Code Section 6255. The District's determination to disclose a particular record, which may otherwise be exempt from disclosure, does not constitute a waiver with respect to any other records. The requestor will be notified if a determination is made to deny access to records, and why it is denied. Requests will be processed in compliance with the Public Records Act California Government Code Section 6253. Upon a request for a copy or inspection of records, the District shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, will be made available and shall Promptly notify the requestor of the determination and the reasons therefore. In certain circumstances, the time limit prescribed in this section may be extended by written notice to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. The California Public Records Act provides that copies of records will be made available upon payment of fees that cover the direct costs of duplication. See the Miscellaneous Fee Schedule. Files may be reviewed at Truckee Donner Public Utility District during normal business hours. Persons interested in reviewing or obtaining copies of public records are encouraged to make an appointment in advance. Persons with disabilities who require accommodation for obtaining access to District public records should notify the District of their accommodation needs in their written request. 5.37.020 Definition of Important Issues Important issues are those that involve changes in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule, changes in connection fees, changes in facilities fees, and changes in regulations covering new and retrofit residential and commercial construction. Changes in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule or changes in connection fees shall normally occur as part of the Board budget discussion prior to adoption of the annual sew aRRual budget. Changes in facility fees shall normally occur as part of the five year Water/Electric Master Plan review or when the local General Plans are revised. Facility fee increases due to inflation, not resulting from District Master Plan or local General Plan review, shall be discussed as part of the Board budget sessions prior to adoption of the a Rual-e semi- annual budget. Other issues will arise from time to time that are difficult to enumerate in this policy statement. Such issues shall be considered as important issues falling under the purview of this policy based on a review by the General Manager of the circumstances involved and the persons who may be impacted by adoption of the proposed action. Additionally, the Board of Directors may, by action at a board meeting, determine that an issue coming before it is an important issue falling under the purview of this policy. Abandonment or Relocation of Unused Easements 8.04.020.1 Form of Petition 5. Contain the name and Retarized signature, as well as mailing address, of each owner of record of the parcel on which the easement sits with proof of ownership; 8.04.20.5 Form of Abandonment or Relocation 3. Any abandonment or relocation of a public utility easement shall be accomplished by a an abandonment of easement document executed by the General Manager and recorded with the County in which the parcel is located. Attachment 2 ELECTRIC FEES Size and Type of Service Fee Single phas Whase, 120/240 cede Service—200 amp Three-wire everhea d 1) TemperaFy A'G t'tatGSt 241)_Permanent connection to structure $1,248 342)_Temporary connection to customer-owned power pole $1,534 and subsequent transfer to structure —R. Single-phase, 12=40 seTvise 200 amp Three-wire unedernrennd (ever-he—ad+r-ancfern•mer) 1) Permanent e•nnneGtien to StF Gt free $1,248 QQ^^ ,534 G. Single phase, 1281240 servire _ 200 amn Three wore underground (pa dmennt tri-an fermerl 2 4,249 pole; QQ^^ ,534 6eneie+e te e41.n 11 ire —. Single phasePhase, 1201240 ewe-Service—400 amp Thre+e_wire uneJerevrer+rd or everheaed 1) Permanent connection to structure $2,364 2) Temporary connection to customer-owned power pole; $2,649 removal of same and installation of underground permanent service to structure —Three phase, 208v, 240v or 480v service FeuF wire overhead 1) Permanent connection to structure Actual Cost 2) Temporary single phase 120/240 service for construction Actual Cost purposes to become three-phase permanent service to structure Overhead to Underground upgrade or relocate, up to 200 amp panel $1,248 Overhead Ye'�eRelocation $374 467 400 amp upgrade ' $1,854 Underground Relocation up to 200 amp $1,248 Underground Relocation 400 amp $2,364 Temporary overhead service $7-73 1 248 Overhead to Underground upgrade or relocate, up to 200 amp panel, $1,534 with TPP (Temp to Permanent Installation (Ord 2006-01,2008-02) 1 WATER FEES Applicability The charges hereunder are applicable to all applicants for service at locations not previously served by the District. Availability Service hereunder is available throughout the District's service area. Rate The initial charge for service to applicants under the District's water tariff shall consist of a connection fee and, if applicable, a tapping and facilities fee as follows. WATER FEE SCHEDULE SIZE OF SERVICE PIPE CONNECTION FEE FACILITIES FEE- FACILITIES FEE- Commercial-effective Commercial-effective 12/3/2012 1/1/2014 5/8"X 3/4" $1,290 $3,862 $4,365 3/4" $1,330 5,792 6,547 1" $1,430 9,654 10,912 1 1/2" Actual cost 19,308 21,825 2" Actual cost 30,892 34,920 3" Actual cost 57,923 65,475 411 Actual cost 96,538 109,125 611 Actual cost 193,075 218,250 Fire Sprinkler Meter Box Upgrade Fee for Box Not Previously Upgraded $600 Fire Sprinkler Meter Box Upgrade Fee for Box Previously Upgraded $150 Tap and/or road crossing If a tap and/or road crossing is necessary, the charge will be the actual cost. Residential Facilities Fee—Water facilities fees shall be calculated and charted according to an amount per square foot of living space for the area to be constructed. The facilities fees shall be $1.61 times the square feet of living space as determined by the Building Permit. smc 7/23/97 Ord 9204; Ord 9701; Ord 0101; Ord 0401; Ord.0503; Ord.0504(FF); Ord.0602; Ord 08-01, Ord 1201 2 Agenda Item # 13 Public Utility District WORKSHOP To: Board of Directors From: Robert Mescher Date: April 16, 2014 Subject: Report of Technological Enhancements to Improve Customer Service and Communication 1. WHY THIS MATTER IS BEFORE THE BOARD This is a workshop to inform the Board and public about recent technological enhancements to improve customer service and communication. 2. HISTORY Title 1 of the District Code lists goals and objectives to achieve its mission statement of"providing reliable, high quality water and electrical power services while meeting customer demand," and "managing District resources in a safe, open, responsible, environmentally sound manner at the lowest practical cost." Two of the listed goals are to "develop and implement high standards of customer service" and to "utilize modern, cost effective work methods and equipment." Staff continually looks for opportunities to implement new technology that will improve customer service. 3. NEW INFORMATION In the past two years, staff has implemented new technology to improve customer service and communication. Among the improvements are: Our new technology implementing NISC iVUE software enhancements to the payment and collection processes: • Smart Hub is a one-stop on-line hub with access to billing, payments, rebates, water usage graphs, etc.; • Fisery Bill presentment allows customers to view and pay their bill from their personal banking software; • Virtual servers replaced the traditional NISC computer servers lowering the hardware costs; • Our digital document archiving system was converted from Paper Clip to Document Vault to ensure compatibility with newer operating systems; • A new payment arrangement tracking function provides more efficient tracking of customer payment plans and defaulted agreements; and • Credit cards are accepted through NISC/First Data through various convenient methods for customers: • Call Capture, a telephone interactive voice response (IVR) to obtain 24/7 bill status and make payments, • Mini Kiosk, inside our facility at our front counter, • Recurring Credit Card Option to pay bills automatically when due (The District allows recurring ACH and Credit Card payments in lieu of a two- month deposit.), and • E-Bill credit card payment option. Our other enhanced technology to improve customer communication and system reliability: • Launched a modernized and user-friendly web site; • Developed our own water usage tool for customers; • Launched social media accounts in Facebook, Twitter, and Linkedln; • Constructed a redundant off-site disaster recovery server; • Implemented on-line conservation rebate applications to reduce paper processing; • Installed an interactive display in the foyer to promote events and conservation programs; • Initial stages of implementing a virtual desktop infrastructure (VDI) to standardize all customer service and accounting computers; and • Initial stages of implementing a new phone system that is interfaced and compatible with radio dispatch, desktop computers, mobile phones, and NUE phone number API integration. We expect that all of these technological changes will improve customer service, enhance communication and reduce collection expense, while decreasing our overall operating expenses. 4. FISCAL IMPACT The annual credit card fees of approximately $8,000 are paid by the District, but these fees are more than offset by decreased write-offs, less staff time handling payments, and reduced cash and check processing costs. Also, 8% of the District's customers have opted for paperless billing, reducing the District's costs to print and mail bills. Moreover, some of these software enhancements allow staff to better track payment arrangements, efficiently send accounts to the collection agency, and quickly review deposit requirements on individual accounts. It is difficult to calculate the direct fiscal impact of each of these changes, but our uncollectible account write-off has already decreased from a high of 0.45% of revenue in 2010 to an historical low of 0.05% in 2013. The average write-off prior to the 2008 recession was about 0.1%. Therefore, the District's annual write-offs have decreased by more than $17,000 from the levels prior to the 2008 recession. Accepting credit cards, implementing the above software enhancements, tightening our credit procedures, and the improved economy are all factors in the decreased write-offs. 5. RECOMMENDATION Receive this report and provide comments. a a , ter' Robert Mescher Michael D. Holley Administrative Services Manager General Manager