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HomeMy WebLinkAbout16 Draft Minutesenda Item # M1NU I cz To: Board of Directors From: Shanna D. Kuhlemier, CIVIC Titie: Deputy District Clerk Date: January 19, 2017 Minutes for the Meeting Dates Approval of Minutes for December 7, 2016 16 REGULAR MEETING MINUTES December 7, 2016 In_ accordance with District Code Section 2.08.010, the TDPUD minutes are action only minutes. All Board meetings are recorded on a digital format which is preserved in perpetu- ity and made available for listening to any interested party upon their request. 1. CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 6:00 P.M. in the TDPUD Board room by President Aguera, 2. ROLL CALL Directors: Paul Warmerdam, Bob Ellis, Tony Laliotis, Vice President Jeff Bender and President Joe Aguera. EMPLOYEES PRESENT: Steven Poncelet, Jeremy Popov, Joe Horvath, Kim Harris, Kathy Neus, Regina Wise, Michael Holley, and Shanna Kuhlemier, CONSULTANTS PRESENT —Steve Gross, District Counsel. OTHERS PRESENT —Jim and Shelly Hemig 3. PLEDGE OF ALLEGIANCE Director Ellis led the Pledge of Allegiance. 4. CHANGES TO THE AGENDA —District staff pulled Item 9 for further discussion. 5. PUBLIC INPUT President Aguera called for public comment. Jim Hemig: • Congratulated all three incumbents for a successful election. • Stated he was proud that the race was friendly and clean. • Stated that running for office was a great experience. • Complemented the Board and management; stated the election was a testament to the Board and management of the PUD that the rate payers are happy. President Aguera closed public comment. 6. DIRECTOR UPDATE —none. Director Laliotis congratulated the newly re-elected Board members and stated he looks for- ward to future successful years on the Board. CONSENT CALENDAR 7. Consideration of Routine Annual Procurements and Contracts (Minute Order 2016-57). 1)Authorize the routine annual procurements totaling $3,205,675 from the vendors listed in Attachments 1 through 3 in the packet 1 December 7, 2016 2) Authorize the General Manager to execute the required documents necessary to pro- cure the products and services listed in Attachments 1 through 3 in the packet 8. Consideration of Scheduling the Regular Board Meeting for 2017. President Aguera called for public comment, there were none. Vice President Bender moved, and Director Laliotis seconded, that the Board approve the con- sent calendar. The motion passed unanimously 5-0), by a roll call vote. SPECIAL BUSINESS 10. Consideration to Accept the November 8, 2016 Election Results, Shanna Kuhlemier provided a presentation which is available upon request. President Aguera called for public comment, there were none. Director Ellis moved, Vice President Bender seconded, that the Board approve staff recom- mendation. The motion passed unanimously by a roll call vote (5-0). 11. Consideration of Election of Officers of the Board. Shanna Kuhlemier provided a presentation which is available upon request. 1) Nominate and elect president President Aguera nominated Vice President Bender, President Aguera called for public comment, there were none. President Aguera moved, Director Warmerdam seconded, that the Board elect Director Bender as President for 2017. The motion passed unanirriousiy by a roll call vote (5-0). 2) Nominate and elect Vice President President -Elect Bender nominated Director Laliotis. Pro-tem President Aguera called for public comment, there were none. President -Elect Bender moved, Director Warmerdam seconded, that the Board elecf Director Laliotis as Vice President for 2017. The motion passed unanimously by a roll call vote (5-0). Board consensus was for President Bender to preside over the rest of the meeting. ACTION 9. Consideration of Unrepresented Employee Wage Scale Adjustment. (Minute Order 2016- 58). ® Approve the 2017 unrepresented employees' 3%wage scale adjustment Kim Harris provided a presentation which is available upon request. 2 December 7, 2016 Director Comments: • The 3% wage adjustment was included in the current budget process. • Single family home prices increased 6.5% in the last 12 months. • The CPI-U and CPI-W are different. CPI-W was used in the 2016 staff report, but this index is used for clerical staff and is nationwide. CPI-U takes into account for profes- sional and technical staff and is taken from the Bay -Area which is more indicative of the employees we hire and retain. • Thanked staff for pulling this item from the consent calendar and putting it on action. • Since this item was voted on in 2015, and this item can be negotiated at any time; the Board would appreciate the negotiated item to go through the normal process. o Staff would appoint a negotiator, vetted through in closed session and then an action item in open session. • This has nothing to do with staff's performance. This is a change from the Board ap- proved amount from last year and becomes a procedural item. • Wage adjustments can be negotiated at any time. • This will take several months to implement and go through the process. • Recommend implementing the approved amount and then negotiate for any changes. • Historically there have been times when union and management raises did not match. President Bender called for public comment, there were none. General Manager Holley stated that the Board took action for the CPI-W and could maintain that wage increase until negotiations are completed. Vice President Laliotis moved, President Bender seconded, that the Board approve; 1) The salary increase as previously approved with CPI-W; 2) Agendize in open session to appoint Michael Holley as the negotiator for the un-represented employees; and 3) Negotiate for the salary increase beyond this item. The motion passed unanimously by a roll call vote (5-0). District Counsel Gross stated a current change in the Brown Act applies to compensation for certain employees. When the Board considers taking action an oral report in open session is required; the item cannot be placed on the consent calendar. This was the only change in the Brown Act this year. 12. Consideration of an Amended and Re -Stated Ground Lease with AT&T and a Ground Lease Agreement with T-Mobile. 1) Approve and authorize the General Manager to execute the following agree- ments: a. Settlement Agreement and General Release with T-MOBILE WEST TOWER LLC, for Back Rent at the Regional Park site. b. Amended and Re -Stated Ground Lease Agreement with NCWPCS MPL 28 - YEAR SITES TOWER HOLDINGS LLC, for the tower located at Valley Rd. c. Ground Lease Agreement with T-MOBILE WEST TOWER LLC, for the tower located at the Regional Park site. 3 December 7, 2016 2) Approve and authorize the filing of a Notice of Exemption for each of the Amended and Restated Ground Lease Agreement with NCWPCS MPL 28 - YEAR SITES TOWER HOLDINGS LLC and the Ground Lease Agreement with T-MOBILE WEST TOWER LLC. Kathy Neus provided a presentation which is available upon request. Director Comments: • There is a late payment clause in the contract in both leases. • There is one sublease on the Valley Road tower. The District will get future sublet rentals on additional subleases. • The Board has concerns that AT&T will not pay for the leases. o The District cannot shut off electrical service if AT&T doesn't pay. District Counsel Gross clarified that the tower will be re -branched in the 12 months and the Brockway tower will be repainted in the next 12 months. The provision in the law does not allow for service to be dis-continued for lack of payment on another service. • Stated staff and District Counsel did a great job and persevered through these negotia- tions. • Staff and Counsel paved the way for future leases and expectations. President Bender called for public comment, there were none. Director Ellis moved, Vice President Laliotis seconded, that the Board approve staff recom- mendation. The motion passed unanimously by a roll call vote (5-0). 13. Consideration of Sustainable Groundwater Management Act (SGMA) Alternative Submittal. 1) Adopt Resolution 2016-28 approving the Mat tis Valley Groundwater Basin Sustaina- ble Groundwater Management Act Alternative Submittal, 2) Approve a Memorandum of Agreement (MOA) and authorize the General Manager to execute, in substantially the same form, with the County of Nevada, the County of Placer, the Town of Truckee, the Placer County Water Agency, and the Northstar Com- munity Services District for preparation and implementation of Alternative Submittal, 3) Appoint the Public Information and Conservation Manager to the Management Com- mittee defined in the MOA and appoint the Water Superintendent as an alternate. Steven Poncelet provided a presentation which is available upon request. President Bender called for public comment, there were none Director Comments: • Basin designation had two clauses that DWR looked at incorrectly. The group believed the basin was scored incorrectly and we should have been designated as a low priority basin. • Appreciates staff taking the lead and doing a great job with this project. • The basin partners have done a great job of sustainability. 4 December 7, 2016 • The group worked well together without significant opposition. Director Ellis moved, Vice President Laliotis seconded, that the Board approve staff recom- mendation. The motion passed unanimously by a roll call vote (5-0). 14. Review of the District's Investment Policy and Consideration of the Delegation of Authority to the Treasurer (Minute Order 201&59). Jeremy Popov provided a presentation which is available upon request. Director Comments: • District Code outlines the diversity and investment. This can be changed at the will of the Board. President Bender called for public comment, there were none Vice President Laliotis moved, Director Aguera seconded, that the Board approve staff recom- mendation. The motion passed unanimously by a roll call vote (5-0). 15. Consideration of Approving the Fiscal Year 2017 Water Rates (Minute Order 2016-60). Regina Wise provided a presentation which is available upon request. President Bender called for public comment, there were none. Director Comments: • The first bills in January will have the increase included. • The out years beyond 2020 have projected rate increases. • Proposition 218 stated the maximum increase allowed but the Board could approve a lower increase without prompting a Proposition 218 process. • In the budget year we will look at the water utility reserve. Vice President Laliotis moved, Director Ellis seconded, that the Board approve staff recom- mendation. The motion passed unanimously by a roll call vote (5-0). ROUTINE BUSINESS President Bender called for public comment, there were none. 16. Treasurers Report: November 30, 2016. a) Approval of the Treasurers report of fund balances as of October 31, 2016. Vice President Laliotis moved, and Director Ellis seconded, that the Board approve the bursements. The motion passed unanimously (5-0). b) Approval of disbursements for November 2016. 5 December 7, 2016 Director Aguera moved, and Vice President Laliotis seconded, that the Board approve the dis- bursements. The motion passed unanimously (5-0). 17. Approval of Minutes for November 2, 2016. Director Ellis moved, and Director Warmerdam seconded, that the Board approve the minutes with corrections from General Counsel Gross. The motion passes unanimously (5-0). President Bender called for a recess at 7:21 p.m. President Bender called the meeting back to order at 7:31p.m. President Bender held this meeting in abeyance and moved to the Finance Corporation meet- ing at 7:31 p.m. Re -adjourn at 7:35 p.m. and move to closed session CLOSED SESSION — 7:35 p.m. 18. Closed Session Pursuant to Government Code Section 54956.9(d)(2), Exposure to Litiga- tion, one case. No reportable action. President Bender and District Counsel Gross recused from the item for potential conflict. 19. Closed Session Pursuant to Government Code section 54957, Public Employee Perfor- mance Evaluation — General Manager's Performance Plan Review. No reportable action. 20. Closed Session — Pursuant to Government Code Section 54956.9(d)(4), Deciding whether to Initiate Litigation, one case. No reportable action. ADJOURNMENT - 9:05 p.m. Vice President Bender moved, and Director Ellis seconded, that the Board adjourn the meeting at 9:00 p.m. The motion passed unanimously (5-0). There being no further business before the Board, the meeting was adjourned at 9:05 p.m. to the next scheduled meeting of the Truckee Donner Public Utility District on January 19, 2017 at 6:00 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Prepared by Shanna D. Kuhlemier, CMC, Deputy District Clerk 6 December 7, 2016