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HomeMy WebLinkAbout17 Draft Minutesenda Item # M1NU I =0 To: Board of Directors From: Shanna D. Kuhlemier, CIVIC Title: Deputy District Clerk Date: December 07, 2016 Minutes for the Meeting Dates Approval of Minutes for November 2, 2016 17 REGULAR MEETING MINUTES November 2, 2016 In accordance with District Code Section 2.VO.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, Vice President Jeff Bender and Presi- dent Joe Aguera. Absent: Director Tony Laliotis. EMPLOYEES PRESENT: Steven Poncelet, Jeremy Popov, Neil Kaufman, Steve Hollabaugh, Ian Fitzgerald, Regina Wise, Michael Holley, and Shanna Kuhlemier. CONSULTANTS PRESENT —Steve Gross, District Counsel. OTHERS PRESENT —Ron Hemig, Dickson Realty. 3. PLEDGE OF ALLEGIANCE Director Warmerdam led the Pledge of Allegiance. 4. CHANGES TO THE AGENDA —none. 5. PUBLIC INPUT President Aguera called for public comment. President Aguera closed public comment. 6. DIRECTOR UPDATE —none. Vice President Bender: • Stated at the last meeting the Board approved a contract with Dickson Realty. • Requested the item be re-agendized to discuss the contract again in open session. • Stated he voted for the contract; however, after continued review of the item he had an uneasy feeling about the process. • Stated there was not an RFP conducted and wanted a chance to vet the process in open session. • Disclosed that he spoke with District Counsel Gross and Mr. Bender understands there are not any legal issues with the approval of the contract. Ron Hemig, Dickson Realty: • Stated his concern with the implications of a reconsideration after the contract was signed. He is not concerned about the process. 1 November 2, 2016 Stated the implication from a local business man. When someone is retained and that decision is reconsidered, it raises credibility concerns about him and his business. Stated he has a good reputation, solid credibility and good performance. If an RFP was conducted, he believes he would have prevailed. He is working with clients on the listed property. If a reconsideration is allowed, this puts him in abeyance and that creates problems with buyers and sellers. • Stated a likelihood of an offer. Director Ellis stated he recused himself from the decision, but there was a quorum and a deci- sion was made. The Board needs to stand by that decision. District Counsel Gross, stated the discussion is under Director Updates so the focus needs to be if the Board would like to re-agendize the item. There are two Directors who have recused themselves and should not take part in discussion in an open session. Urged the Board not to discuss the merits of the reconsideration, just make a decision to either re-agendize or not. District Counsel Gross stated he did not see anything illegal about the action to approve enter- ing into a contract with Dickson. President Aguera, stated: • The matter about reconsideration was brought to his attention this morning. • Thought about the situation and he doesn't need to reconsider. • The item was held in an open meeting and the vote was with a legal quorum. • Mr. Hemig is a business man in Truckee. • He had concerns with the item, but after thinking about it, there are two commercial real estate brokers in Truckee. o Mr. Hemig has walked the property and knows the property and what require- ments the District has. o Believed Mr. Hemig is the most qualified for this sale. • The District signed a contract and if that contract is withheld there are implications to that decision. Vice President Bender thanked everyone for the consideration. Wanted to make sure again that the process was clean and legal. District Counsel Gross stated with respect to the Board action, the process is clean and legal. Vice President Bender appreciated the process and thanked the Board and Mr. Hemig for their time and consideration. CONSENT CALENDAR 7. Consideration of an agreement with NCPA for the Support Services Program Agreement (SSPA). • Approve District Resolution 2016-26, and authorize the General Manager to execute the NCPA Support Services Program Agreement (SSPA) and associated documents. 2 November 2, 2016 �. Consideration to Authorize Transfers from Designated and Restricted Funds to the General Funds. (Minute Order 2016-56). Deputy District Clerk Kuhlemier clarified the revision to the item. The item was reposted due to an administrative error in the staff report. Staff felt the change was substantial enough to republish a revised item for transparency. • Transfer $800,000 from the Wafer Utility Operating Reserve Fund to the Water Utility's General Fund. • Transfer $150,158 from the Water Utility's Facilities Fees Fund to reimburse the Water General Fund for MSG-1551, Bridge Street Tank 6160 debt service. 9. Consideration of the Purchase of a Heavy Duty Forklift. (Minute Order 2016-54). • Award the purchase of one rough terrain forklift to Valley Forklift for an amount of $88,755 with a 10% change order authorization, for an amount not to exceed $97,630.50, plus tax. • Declare Unit 560 surplus and authorize staff to dispose of Unit 560 at public auction, applying recovered funds to the Electric Utility Vehicle Reserve Fund. 10. Consideration of Authorizing the Retention of Unclaimed Funds. (Minute Order 2016-55). • Authorize the retention of unclaimed funds totaling $1,395.63. 11. Consideration of the Notice of Completion for the 2016 Pipeline Project. • Adopt Resolution 2016-27 accepting the District Pipeline Replacement — 2016 project as complete and authorize the filing of the Notice of Completion. President Aguera called for public comment, there were none. Director Ellis moved, and Vice President Bender seconded, that the Board approve the consent calendar. The motion passed unanimously 4-0), by a roll call vote. Director Laliotis was absent. ACTION 12. Consideration of a Memorandum of Understanding with Plumas-Sierra Telecommunica- tions for Use of Fibers. Steve Hollabaugh provided a presentation which is available upon request. Director Comments: • The four fibers will provide PST with access. There is a lot of bandwidth capability. The system does have limits. • PST will also have limits with equipment coming in and out. • PST has fiber from Portola to Reno. This will allow connectivity from Reno to Sacra- mento. • The District is not in the telecommunication business, however PST is. This would ena- ble PST to utilize our asset and allow the District to recover money for the asset. President Aguera called for public comment, there were none. Director Ellis moved, Director Warmerdam seconded, that the Board approve staff recommen- dation. The motion passed unanimously by a roll call vote (4-0). Director Laliotis was absent. 3 November 2, 2016 13. Update on Compliance with the Sustainable Groundwater Management Act (SGMA). Steven Poncelet provided a presentation which is available upon request. Director Comments: • If the basin was reprioritized to a "low" priority we would not fall under the Alternate plan. • Staff to look at the reprioritization. • Nevada County has provided a letter of support for the Alternative submittal, however we do not have commitment yet from the Nevada County Board of Supervisor's. • The plan will be scheduled at the December Board meeting. • TROA clarification on acre feet. TROA sets a limit to protect the State on yield. o Water is pumped to make snow, but the water goes into the ground and surface water. o TROA is about 25 years old, resolving about 100 years of litigation. o The District is a signatory agent of TROA. President Aguera called for public comment, there were none It was the Board Consensus to receive this report. Director Laliotis was absent. ROUTINE BUSINESS President Aguera called for public comment, there were none. 14. Treasurers Report: October 31, 2016. a) Approval of the Treasurers report of fund balances as of September 30, 2016. Director Ellis moved, and Director Warmerdam seconded, that the Board approve the disburse- ments. The motion passed unanimously by a roll call vote (4-0). Director Laliotis was absent. b) Approval of disbursements for October 2016. Vice President Bender moved, and President Aguera seconded, that the Board approve the disbursements. The motion passed unanimously by a roll call vote (4-0). Director Laliotis was absent. 15. Approval of Minutes for October 5, 2016. General Counsel Gross stated on page two of the minutes that it states Director Ellis is an "independent contractor employee", this should state an "independent contractor". Director Ellis moved, and Director Warmerdam seconded, that the Board approve the minutes with corrections from General Counsel Gross. The motion passes unanimously (4-0). Director Laliotis was absent. CLOSED SESSION — 7:00 p.m. 4 November 2, 2016 16. Closed Session Pursuant to Government Code Section 54956.9(d)(2), Exposure to Litiga- tion, one case. No reportable action. 17. Closed Session Pursuant to Government Code section 54957, Public Employee Perfor- mance Evaluation — General Manager's Performance Plan Review. No reportable action. 18. Closed Session — Pursuant to Government Code Section 54956.9(d)(4), Deciding whether to Initiate Litigation, one case. The Board unanimously approved a motion to authorize the GM and District to initiate litigation against AT&T for failing to pay for Pole Attachment fees. 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 (4-0). Director Laliotis was absent. 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 December 7, 2016 at 6:00 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Joseph Aguera, President Prepared by Shanna D. Kuhlemier, CMC, Deputy District Clerk 5 November 2, 2016