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HomeMy WebLinkAbout11 Draft Minutesenda Item # MINUTES To: Board of Directors From: Shanna D. Kuhlemier, CIVIC Title: District Clerk Date: July 15, 2020 Minutes for the Meeting Dates Approval of Minutes for May 20, 2020, June 3, 2020 and Special and Regular meetings on June 17, 2020 11 REGULAR MEETING MINUTES May 20, 2020 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 Boardroom by President Bender. Disclaimer: Due to the COVID-19 situation and the California Governor's Executive Orders, this Board meeting was conducted with the Board via video/teleconferencing measures and live streamed on the District website. Public comment was opened using email and questions and answers on Zoom. 2. ROLL CALL Directors: Tony Laliotis, Joe Aguera, Bob Ellis, Vice President Finn, and Pres- ident Bender. Absent: Director Joe Aguera. EMPLOYEES PRESENT: Brian Wright, Ian Fitzgerald, Steven Poncelet, Mike Salmon, Joe Horvath, Michael Holley, and Shanna Kuhlemier. CONSULTANTS PRESENT — Steve Gross, District Counsel and Pam Hobday, Pamela Hurt Associates. OTHERS PRESENT — 3. PLEDGE OF ALLEGIANCE — defer. 4. CHANGES TO THE AGENDA 5. PUBLIC INPUT President Bender called for public comment, seeing none. President Bender closed public comment. 6. DIRECTOR UPDATE Vice President Finn — • Sent best wishes to Director Aguera who was unable to attend the meeting. • Stated appreciation for technology through this crazy time. • Is focused on future goals for the PUD to keep in mind. Items like climate change and renewable energy are areas to focus. Director Ellis • Stated appreciation of the health of the community. Director Laliotis • Glad to see businesses starting to open and showing respect for social distancing. • Appreciated everyone's efforts in doing the right thing. President Bender • Appreciated the businesses opening according to protocols. PUBLIC HEARING 7. Conduct Public Hearing Related to Adoption of District Resolutions 2020-12, 2020-13, 2020-14, and 2020-15 for Annual Electric and Water Standby Charges Mike Salmon provided a presentation (available upon request). President Bender opened the public hearing to hear testimony in support or opposition of the District's Annual standby changes. Seeing none, President Bender closed the public hearing. Board Comments: • Discussion on cost of service and these long time fees. With a cost of service analysis underway for water and electric. The Board directed to staff to include these fees. o Keeping in mind a proposition 218 process would apply to increase these fees. Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. CONSENT CALENDAR 8. Consideration of Resolutions to Consolidate the General Election on November 3, 2020. 9. Consideration to Adopt Resolution 2020-11 to Close -Out the SCADA Reliability Improve- ment Project Phase 5. 10.Consideration to Appoint a Treasurer for the District. 11.Consideration of a Contract to Perform Geotechnical Testing Services. President Bender called for public comment, there were none. Director Ellis moved, and Vice President Finn seconded, that the Board approve the Consent Calendar. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was ab- sent. ACTION 12.Consideration of the Letter of Referral Submitted by IBEW 1245 Regarding a Grievance per the Memorandum of Understanding with IBEW 1245 (MOU). Brian Wright provided a presentation (available upon request). President Bender called for public comment. District Clerk Kuhlemier read into the record the name of those who provided public comments submitted for consideration and those names who provided public comment on March 18, 2020. Board Comments: • Thanked everyone for their comments and emails. Each Director provided input on receiving and reading every public comment provided. • District Code outlines the policy clearly and concisely. Being sensitive to comments and concerns, the Code and interpretation is clear. • The presentation was through and aligns with negotiation updates to the Board. • Stated a trust in staff and legal counsel. o Updates did not include retired employees nor persons not employed by the District. • Appreciated the process that is outlined in code and the MOU, the presentation clearly depicts what the Board understood through negotiations. • The District negotiates with employees. The District has never negotiated with or for retirees. • The District needs to control cost of the public's money. • An explanation of staffing administration error in January for retirees. • Does the Union represent women? Brian Wright answered, IBEW1245 represents hard working women in the District. President Bender noted that IBEW1245 should consider gender neutrality in their name to in- clude women. • Assurances that every comment was read and considered prior to the meeting. President Bender noted Mike Venturino was making a comment during the meeting that was inaudible. General Counsel Gross stated the Union had the opportunity to submit information for the agenda item. The District clearly and legally stated what the mechanism was for public com- ment. President Bender requested Mr. Venturino's comments during the presentation be read into the record. Those comments are as follows: Michael Venturino 06:41 PM Hello? Michael Venturino 06:40 PM Mike Venturino, IBEW is on the video chat but apparently cannot be heard Michael Venturino 06:42 PM I can see the video and hear the video, but appaently i cannot be heard Michael Venturino 06:43 PM correct Michael Venturino 06:44 PM would ask the Board review my submission, to Brian Michael Venturino 06:44 PM In the Board packet there should have been a submission Michael Venturino 06:45 PM can type, but it will take several minutes as I do not quickly Michael Venturino 06:45 PM type quickly Michael Venturino 06:46 PM The highlightes section is very clear and unambiguous. Michael Venturino 06:46 PM sorry, highlighted Michael Venturino 06:47 PM the increaase was a change in coverage, and will apply to retirees Michael Venturino 06:48 PM The side letter only stipulates that Title 14 would be followed, not go straight to arbitration as suggested by Mr. Wright Michael Venturino 06:49 PM Retirees are a permissive subject of bargaining and without specifically "excluding" them from bargaining, they would then be included. Michael Venturino 06:50 PM Why then are current retirees being paid as per the most current MOU? Michael Venturino 06:52 PM A resolution that is favorable to both the Union and the District is proposed in the last para- graph of the letter of referral. It is fair and reasonable and limits the Districts liability going forwARD. Please read! Michael Venturino 06:53 PM Thank you Mr. Gross Michael Venturino 06:54 PM I was not aware I would not be able to spe Vice President Finn moved, and President Bender seconded, that the Board approve the staff recommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. 13. Consideration of a Contract to Perform the Water Meter Radio Transmitter Replacement Project. Brian Wright proved a presentation (available upon request). President Bender called for public comment, there were none. Director Ellis moved, and Vice President Finn seconded, that the Board approve the staff rec- ommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. 14.Consideration of a Contract to Complete the Tank Site Piping Modifications Project. This item concerns a contract with Longo Incorporated in an amount not to exceed $321,500. Brian Wright proved a presentation (available upon request). President Bender called for public comment, there were none. Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. President Bender called a recess at 7:27 p.m. The Board reconvened at 7:35 p.m. WORKSHOP 15. Review the Proposed Water Utility Ten Year Capital Improvement Plan. This item involves review of the proposed updated Water Utility Ten Year Capital Im- provement Plan. Brian Wright proved a presentation (available upon request). President Bender called for public comment, there were none. Board Comments: • A large tool for the Board to use for the rate study • Large numbers but informative to work with staff and prioritize. • Resilience and sustainability are in every project the District embarks on. o How does the Board meet these goals strategically? o The Town approved a 100% renewable resolution. The first project the Town embarked on did not fit the resolution and commitment. o Wants the Board to set the standard and ensure we meet our commitments. • There are opportunities to shape the plan and the future of the District. • Use the rate study to prioritize this plan • This is an opportunity to leverage the District in the future. 16. Review of the District's COVID-19 Relief Efforts. This item involves an update to the Board on the COVID-19 Relief Program. Steven Poncelet proved a presentation (available upon request). President Bender called for public comment, there were none. Board Comments: • Continue to work closely with business partners in need of help. • Ideas for business customers. o Introduced staff's idea to help mid -level customers. ROUTINE BUSINES 17. Treasurer's Report: May 2020. a) Approval of the Treasurer's report of fund balances for the Month Ended March 2020. President Bender called for public comment, there were none. Director Ellis moved, and Director Laliotis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. b) Approval of disbursements for April 2020. President Bender called for public comment, there were none. Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. 18.Approval of the Minutes of May 6, 2020 President Bender called for public comment, there were none. Director Ellis moved, and President Bender seconded that the Board approve the minutes. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. CLOSED SESSION — 8:35 p.m. 19.Closed Session Pursuant to Government Code Section 54957.6, Conference with Labor Negotiators: Agency designated representatives: President, Jeff Bender; and Director, Tony Laliotis Unrepresented employee: General Manager No reportable action. 20.Closed Session Pursuant to Government Code Section 54957, Public Employee Perfor- mance Evaluation — General Manager's Performance Plan Review. No reportable action. ADJOURNMENT - 10:07 p.m. There being no further business before the Board, the meeting was adjourned to the next scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on June 3, 2020 at 6:00 p.m. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Respectfully Submitted, Shanna D. Kuhlemier, CIVIC, District Clerk REGULAR MEETING MINUTES June 3, 2020 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 Boardroom by President Bender. Disclaimer: Due to the COVID-19 situation and the California Governor's Executive Orders, this Board meeting was conducted with the Board via video/teleconferencing measures and live streamed on the District website. Public comment was opened using email and questions and answers on Zoom. 2. ROLL CALL Directors: Tony Laliotis, Joe Aguera, Bob Ellis, Vice President Finn, and Pres- ident Bender. Absent: Director Joe Aguera. EMPLOYEES PRESENT: Brian Wright, Ian Fitzgerald, Steven Poncelet, Mike Salmon, Joe Horvath, Michael Holley, and Shanna Kuhlemier. CONSULTANTS PRESENT — Steve Gross, District Counsel and Pam Hobday, Pamela Hurt Associates. OTHERS PRESENT — 3. PLEDGE OF ALLEGIANCE — defer. 4. CHANGES TO THE AGENDA 5. PUBLIC INPUT President Bender called for public comment, seeing none. President Bender closed public comment. 6. DIRECTOR UPDATE Director Ellis • Great event and presented well. The event was well planned. Welcomed Rem! Director Laliotis • Kudos to staff members who attended and coordinated the Facebook live event. • The event was impressive and thanked the community for participation. • Encouraged similar events in the future. President Bender • This has been a heavy week and tough times. • Cases of COVID-19 are increasing in Nevada County. • Facebook live event was executed wonderfully. o Enormous efforts and work, we crossed the finish line. Vice President Finn — • Echoes all the sediments previously statement. • This has been a heavy week for everyone. • Encouraged everyone to review our core values during the transition. • Welcomed Rem and farewell to Michael. PUBLIC HEARING 7. At 6:00 p.m., or soon thereafter as possible, a public hearing will be conducted for receiving com- ments from members of the public regarding: The adoption of the General Manager's/ Chief Executive Officer's Employment Agreement. This item is before the Board to conduct a public hearing and adopt Ordinance 2020- 01, approving the Employment Agreement for the position of General Manager/ Chief Executive Officer. Steve Gross provided a presentation (available upon request). President Bender opened the public hearing to hear testimony in support or opposition of Ordi- nance 2020-01. Seeing none, President Bender closed the public hearing. Board Comments: The process was hard and enlightening with great results. Thanks District Counsel for closing the deal Thanked Pam Hobday for bringing us through the process. o It was a great experience. o Mrs. Hobday's guidance was invaluable. Vice President Finn moved, and Director Laliotis seconded, that the Board approve the staff recommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. ACTION 8. Consideration to Approve the Coldstream Development Agreement with Teichert Con- struction. Brian Wright provided a presentation (available upon request). President Bender called for public comment. Vice President Finn moved, and President Bender seconded, that the Board approve the Con- sent Calendar. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. 9. Consideration of a Contract to Perform the Water Meter Radio Transmitter Replacement Project. Brian Wright proved a presentation (available upon request). President Bender called for public comment, there were none. Board Comments: • The Development contains a reimbursement agreement. • Comment about the development agreement not being contained within the Board packet. o Future expectations to include the agreements that the Board is authorizing. • Discussion on fire flow to the development and other subdivisions. Director Ellis moved, and Vice President Finn seconded, that the Board approve the staff rec- ommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. 10.Consideration of the Audited Financial Report for FY19. This item concerns the District's yearly audited financial reports and acceptance by the Board. Mike Salmon proved a presentation (available upon request). President Bender called for public comment, there were none. Board Comments: • Debit is down, and the financials are strong. • There are no concerns, no surprises and staff is always cooperative and transparent. Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. WORKSHOP 11.Consideration to Approve the Truckee Donner Public Utility District's 2019 Water Quality Consumer Confidence Report. This item involves review of the Truckee -Main System and Hirschdale System 2019 Water Qual- ity Consumer Confidence Reports Brian Wright proved a presentation (available upon request). President Bender called for public comment, there were none. Board Comments: • The water quality report is informative and useful. • Truckee has fantastic water, we are a fortunate community • Keep up the excellent work. CLOSED SESSION — 7:02 p.m. 12.Closed Session Pursuant to Government Code Section 54957, Public Employee Perfor- mance Evaluation — General Manager's Performance Plan Review. No reportable action. ADJOURNMENT - 7:27 p.m. There being no further business before the Board, the meeting was adjourned to the next scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on June 17, 2020 at 6:00 p.m. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Respectfully Submitted, Shanna D. Kuhlemier, CIVIC, District Clerk SPECIAL MEETING MINUTES June 17, 2020 1. CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 5:27 p.m. in the TDPUD Boardroom by President Bender. Disclaimer: Due to the COVID-19 situation and the California Governor's Executive Orders, this Board meeting was conducted with the Board via video/teleconferencing measures and live streamed on the District website. Public comment was opened using email and questions and answers on Zoom. 2. ROLL CALL Directors: Tony Laliotis, Vice President Christa Finn, Bob Ellis, and President Jeff Bender. Absent: Director Joe Aguera. EMPLOYEES PRESENT: Brian Wright, Ian Fitzgerald, Michael Holley, and Shanna Kuhlemier CONSULTANTS PRESENT — Steve Gross, District Counsel and Pam Hobday, Pamela Hurt Associates. 3. PLEDGE OF ALLEGIANCE - defer 4. CHANGES TO THE AGENDA — none 5. PUBLIC INPUT President Bender called for public comment, seeing none. CLOSED SESSION — 5:28 p.m. 6. Closed Session Pursuant to Government Code Section 54957, Public Employee Perfor- mance Evaluation — General Manager's Performance Plan Review. No reportable action. 7. Closed Session Pursuant to Government Code Section 54957.Public Employee Employ- ment - General Manager. The Board by unanimous approval in cooperative jointly support decision, releaved Mr. Holley of his responsibilities to retire effective immediately as provided in the transition plan. The Board in this same approval appointed Brian Wright as Interim General Manager until July 7tn, with an increase in salary of 5% for one month. ADJOURNMENT - 6:06 p.m. There being no further business before the Board, the meeting was adjourned to the next scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on June 17, 2020 at 6:00 p.m. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Respectfully Submitted, Shanna D. Kuhlemier, CIVIC, District Clerk REGULAR MEETING MINUTES June17, 2020 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 Boardroom by President Bender. Disclaimer: Due to the COVID-19 situation and the California Governor's Executive Orders, this Board meeting was conducted with the Board via video/teleconferencing measures and live streamed on the District website. Public comment was opened using email and questions and answers on Zoom. 2. ROLL CALL Directors: Tony Laliotis, Joe Aguera, Bob Ellis, Vice President Finn, and Pres- ident Bender. Absent: Director Joe Aguera. EMPLOYEES PRESENT: Brian Wright, Ian Fitzgerald, Steven Poncelet, Mike Salmon, Joe Horvath, Michael Holley, and Shanna Kuhlemier. CONSULTANTS PRESENT — Steve Gross, District Counsel and Pam Hobday, Pamela Hurt Associates. OTHERS PRESENT — 3. PLEDGE OF ALLEGIANCE — defer. 4. CHANGES TO THE AGENDA 5. PUBLIC INPUT President Bender called for public comment, seeing none. President Bender closed public comment. 6. DIRECTOR UPDATE Vice President Finn read the following statement: I was elected to a seat on this board to facilitate and speed our community's transition to 100% renewable energy sources, a step on the way to deep environmental justice. But there can be no environmental justice without racial justice. The hard truth is that climate change is raining destruction on black and brown communities around the world, and we have not been concerned. We overlook the racism that allows communities of color to literally suffocate be- cause of their proximity to power plants and other fossil fuel infrastructure. There is no doubt that our current policies place a heavier pollution burden on poor communities and communi- ties of color. Protecting the environment MUST include protecting the lives and health of oth- ers. If we cannot cast a net of compassion broad enough to encompass our Black and Brown sisters and brothers, how can we hope to engage in the deep, ecological healing that needs to occur? Every fight that we enter is really about whom and what to protect. The privileged or the op- pressed? The heard or the unheard? Those who feel the brunt of environmental impacts or those who don't? We could not have built this system if there were not a class of people wen that we are willing to exploit, whose health and welfare is dispensable. To connect the dots very explicitly, choosing dirty power is a racist act. And we cannot even opt out of it at this moment in time, there is no alternative. This is exactly what institutional, systemic racism is. In the powerful words of 15 year old Alexandria Villasenor, founder of Earth Uprising, "We know there is no climate justice without racial justice. The exploitation of Black people is the greatest extractive system of all time, and in order to heal the planet, we must have Black and Indigenous liberation." am clearly speaking from a place of privilege. My ask today from my fellow board members is that when we have a chance to participate in a board retreat, where we craft policy and goals together, that we include training on racism, privilege, bias and diversity. Like climate change, there is no simple fix for racism. But like climate change, that does not excuse us from doing our part in this vital work. Director Ellis — • This is an emotional time to see an excellent leader for the Public Utility District leave. • Met Michael over eight years ago and learned a lot from his time at the District. • The District has profited from these experiences and leadership. • Wishes Michael and his family well. • Welcomed Rem. Director Laliotis • Acknowledged Christa's statement and looks forward to exploring this at the Board re- treat. • The District wouldn't be where is without Michael's foresight and leadership. • The District is in a great position for the transition and process. • Everyone should be proud of these accomplishments. President Bender • Expresses similar feelings. • Excited for the ultimate transition. • Thanked Pam Hobday for the painful but wonderful process. SPECIAL BUSINESS 7. Presentation(s) for Michael D. Holley's Years -of -Service. Nevada County Supervisor presented a recognition to Michael for his years in service. Provided background, including, his time serving on the committee that recommended Michael to the District as General Manager. Stated it was a honor to serve with Michael. Michael has been anintegral part of the community and made considerable contributions. Director Finn, stated; • A heartfelt thank you to Michael for his leadership and leaving the District in better shape than he received it. • Appreciated Michael's patience, knowledge, and coaching. • Michael coined the term "setting the table", stated, Michael set the table for a great future. Director Ellis stated; • Expressed his appreciation for transformational leadership. Director Laliotis stated; Accomplishments are what is important for remembrances. Further, gaging success by what didn't happen as much as what happened. o Michael kept the District interest at the foremost in his position. o Saved money, time and energy. The District persevered through Michael's tenure. Provided some accomplishments during Michael's employment. Director Bender stated; • Appreciation for Michael's time at the District. • Appreciated the foresight to bring on Pam for this process. • Will always use the term "setting the table". • Best of luck in retirement. General Counsel Gross stated; • It has been a great journey and pleasure working with Michael. • As a life-long learner, Mr. Gross leaned a lot from Michael. • Michael's strategy and deep thoughts are what kept the District operating in an explan- atory fashion. • Provided more information on Michael's tenure. • Wished Michael well in retirement and hoped their paths would cross again. Electric Utility Director Horvath provided some eloquent words for Michael's departure. Water Utility Director Wright recognized the impacts of Michael's leadership and legacy, wish- ing the best of luck. Pam Hobday provided a quote from the Art of War and stated Michael's strategic thinking will forever be a key point of their relationship. Echoed everyone else's sentiments. Appreciated the time they spent together. Rem Scherzinger stated; • Appreciation from one general manager to the other. • Thanked Michael for the foundation. • The District is strong and Michael's legacy will not be lost. • Thanked Michael for his service. CONSENT CALENDAR 8. Consideration TO Purchase Replacement Thin Client PCs. This item concerns procurement of ThinPCs from CDWg for an amount not to exceed $33,900. 9. Consideration of Purchasing Cisco Switched for Redundant Fiber Access for the Phase 5 of the SCADA Reliability Project. This item concerns procurement from Cisco for an amount not to exceed $46,857. 10.Consideration to of a Contract with CPS HR Consulting for Human Resource Services. This item involves a contract with CPS HR Consulting in an amount not to exceed $27,000. 11.Consideration to Adopt Resolution 2020-18 to Affirm and Support Incoming General Man- ager Rem Scherzinger's Position and Role in Region III Association of California Water Agencies (ACWA). This item concerns Rem Scherzinger's participation on ACWA's Board. President Bender called for public comment, seeing none. Director Ellis moved, and Director Laliotis seconded, that the Board approve the Consent Cal- endar. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. ROUTINE BUSINESS 1. A Treasurer's Report: June 2020. a) Approval of the Treasurer's report of fund balances for the Month Ended April 2020. President Bender called for public comment, seeing none. Director Ellis moved, and Director Laliotis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. b) Approval of disbursements for May 2020. President Bender called for public comment, seeing none. Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom- mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent. ADJOURNMENT - 6:47 p.m. There being no further business before the Board, the meeting was adjourned to the next scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on July 15, 2020 at 6:00 p.m. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Respectfully Submitted, Shanna D. Kuhlemier, CIVIC, District Clerk