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HomeMy WebLinkAboutAgenda AdendumI 1*1 I TRUCKEE DONNER PUBLIC UTILITY DISTRICT REGULAR MEETING February 17, 1981 Tuesday Truckee Dormer Public Utility District Board Room 7:00 P.M. ADDENDUM TO AGENDA NEW BUSINESS 7. Acceptance of Pat Sutton's resignation - direction regarding advertising for Director to be appointed for the remainder of the term CERTIFICATION 1 hereby certify that the foregoing addendum to the agenda has been posted in the District Office, United States Post Office, Government Center and Nevada County Library, Truckee Branch, and mailed to the Directors and interested par- ties on Friday, February 13, 1981. Susan M. Craig, Deputy District Clerk I I 0 DISCUSSION AND POSSIBLE DIRECTION RE NORTHBILT/TOOMEY CLAIM John Rogers, Lowell Northrop and Thomas Van Home were present to discuss this matter with the Board. I Mr. Northrop stated alleged historical facts relating to the Toomey and FHK water line extensions. He noted that he should have been paid for con- struction of the Toomey line in June or July of 1980 - construction was com- pleted in the spring of 1979. The lien release was discussed. Mr. Rogers noted that his client, Don Toomey, has been working towards formation of an assessment district and obtaining financing to pay the contract- or. I I Various aspects of ownership of the line were discussed. District Engineer Cook stated that, physically, the Toomey water line is ready for acceptance by the District. Thomas Van Home, Mr. Henrikson's attorney, stated his belief that the water line is located on Mr. Henrikson's property rather than on the County's right of way. Lowell Northrop indicated he would provide the appropriate release re- quested by District Engineer Cook after he has been paid for the water line project. Mr. Rogers advised that Mr. Toomey does not feel his portion of the line has to be used at this time - its installation is to meet the fire flow require- ments if he should decide to expand the mobile home park. Fred Katz noted the unwillingness of FHK, Longs and Lucky's to offer indemnification to the District with respect to this matter and expressed the hope that the Truckee Fire Protection District would determine there is adequate fire flow from the Deerfield Line to allow them to open. ORDINANCE ACCEPTING TRUCKEE CROSSROADS WATER LINE Mr. Cook has inspected the water main installed by Truckee Crossroads and indicated his satisfaction with the physical work. Administrative matters yet to be resolved prior to acceptance by the District include: 1) Relase of the Nevada County Encroachment Permit #SP-79-6, 2) easements granting the on-site system to the District, 3) delivery of the bill of sale to the TDPUD for the on-site water facilities, 4) delivery of a quitclaim deed incorporating the correct legal description to the PUD for the off-site water facilities, 5) the U. S. Forest Service Special Use Permit for right of way at the intersection of Highway 89 and West River Street, 6) provision to the District of a one year maintenance bond for the completed works, 7) a letter from Murchinson Construc- tion Company acknowledging their remaining responsibilities, 8) a hold harmless agreement containing language suggested by the District's counsel. Mr. Katz advised the Board that he did not feel the resolution of the North- bilt claim against the Toomey line extension in the amount of $74,003 and the resolution of the Oliver Henrikson right of way claim should have any bearing upon the agreement made between the District and the Truckee Crossroads' develop- ers. He further noted that he tonight provided the as-built drawings of the com- pleted works to Mr. Cook and has paid all accounts received to date relating to the project. Discussion between Mr. Katz and the Board ensued. Mr. Katz suggest- ed meeting with the District Engineer prior to the next meeting to be sure ad- ministrative matters have been osmpleted to the District's satisfaction. With regard to the Toomey line extension, Mr. Rogers again indicated his concern as to assessment district formation, rule 15, the PUD-Toomey agreement and the District's acceptance of the Truckee Crossroads line and its relation- ship to the Toomey/West River Street line extension. Thomas Van Home stated he wished to voice an objection in the event that the Board committed itself with respect to Rule 15 provisions pertaining to the Toomey/Truckee Crossroads line. President Huber continued the public hearing concerning the Truckee Cross- roads line acceptance to 7:30 P.M. on March 2, 1981. Mr. Cook left the meeting at this point for a brief timej consequently, items not requiring his presence were discussed and considered. (ill FIRE HYDRANT MAINTENANCE The Board tabled this matter since specifications for the required pickup for fire hydrant maintenance have not yet been received. RESOLUTION EXCLUDING PAYMENTS MADE ON ACCOUNT OF SICKNESS FROM SOCIAL SECURITY TAX - COUNSEL'S OPINION - POSSIBLE ACTION Mr. Simon provided the Board with an opinion letter with respect to whether or not payments made to the PUD employees may be excluded from Social Security tax in light of recent legislation. It was his opinion, he stated, that if the District has adopted a plan or system which makes provision for the District employees generally on account of sickness or accident disability, and have adopted a budget which includes a separate provision for payments to employees on account of sickness, then payments made under such a plan or sys- tem are not subject to Social Security taxes for both the employee and the District. In order for payments made for sickness or accident disability to be excluded from the term "wages," such payments must be made under a plan or system established by an employer which makes provision for employees generally or for employees generally and their dependents. I District Counsel further stated that in order to establish the necessary legal framework within which to make payments on account of sickness or accident disability which may then be exempt from the application of Social Security taxes, it is necessary to adopt a resolution acknowledging that the District has such a plan or system as required by the Internal Revenue Code Section 3121(a). He presented the Directors with a revised draft resolution for their consideration. After brief discussion, Director Maass moved, and Director Duffy seconded, that the Board adopt Resolution No. 8117 excluding payments made on account of sickness from Social Security tax. ROLL CALL: Kuttel, no; all other Directors, aye. SO MOVED. HYDROELECTRIC PROJECT AT FRIANT - POSSIBLE DIRECTION RE PROPOSAL ON PURCHASE OF POWER I District Counsel Simon noted he had met with Ken Peters of James Hansen and Associates (consulting engineers) and conferred with the District's Spec- ial Counsel, Martin McDonough regarding the proposal to purchase power from the Friant Power Authority. Mr. Peters' letter to Jerry Canning, Manager - Electric System Planning - Sierra Pacific Power Company, a copy of which is attached for reference, was briefly reviewed by the Board. Mr. Simon presented the Board with a draft letter regarding the proposed purchase of power to the Board, and after review Director Maass moved that the Board authorize the Chairman to sign and send the letter to the Friant Power Authority with a correction to Paragraph 7. The Paragraph will read, "...an amount equal to the total Project energy generated and delivered to the Truckee Donner Public Utility District during the previous month..." Director Kuttel seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. After more discussion. Director Maass moved, and Director Kuttel seconded, that President Huber send a letter (prepared by Ken Peters) to the Western Area Power Association by February 27th containing the Board's opinion re- lative to the public hearing to be held on March 4th. ROLL CALL: all Direc- tors, aye. SO MOVED. After reviewing Mr. Peters proposal, Director Maass moved, and Director Duffy seconded, that the Board direct District Counsel to prepare a resolution hiring the firm of James Hansen and Associates. ROLL CALL: all Directors, aye. SO MOVED. The resolution will appear on the March 2nd agenda for consideration. I Mr. Peters noted that he would be present at the March 2, 1981, meeting and would provide the draft letter to WAPA for the appropriate signature on February 24th. DISCUSSION RE CLERK/RECORDER'S REQUEST FOR PROVISION Of COMPUTER BILLING INFORMATION - REPORT FROM STAFF - POSSIBLE DIRECTION The Board having previously reviewed the report on thin matter prepared by staff, Director Duffy moved that the notion mthor laing »taff to provide the County with requested information be rescinded. Director Maaaa MMM the motion. ROLL CALLi all Director*, aye. SO MOVED. 2/17/81 pg. 4 / 0 JUNIPER HILLS - REDIRECTION RESPECTING POSSIBLE SERVICE OF WATER With respect to Maryanne Guinanc's request pertaining to the District investigating the possibility of serving water to Juniper Hills Subdivision, Director Maass moved that she be contacted and informed of the Development Agreement policy and the required $500 deposit. SO MOVED BY BOARD CONSENSUS. I EMPLOYEE SEMINAR ATTENDANCE - GROW, SLATTERY AND BLACK The Groundwater Management course to be held March 2 through March 5 was discussed. It was determined that it would not benefit the District to send the Senior Clerk requesting permission to attend. Mr. Holt advised that when a course in construction closing could be located, he would like this Clerk (Debi Black) to attend; the Board was in agreement. I I Relating to Robert Slattery's attendance at the Distribution System Design School and Bruce Crow's attendance at the Multi-Amp Institute, Director Maass moved that the Board grant such authorization; further, that the Manager con- tinue to seek an appropriate conference that would be of benefit to the Dis- trict and to Ms. Black. Director Duffy seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. After discussion, Director Maass moved that the Board authorize Director Duffy to attend the Groundwater Management course and that the appropriate checks be drawn. Director Kuttel seconded the motion. ROLL CALL: all Direc- tors, aye. SO MOVED. President Huber stated that she would like to attend a Wind Energy Con- ference in Palm Springsi April 5 through April 7, 1981. After some discussion. Director Maass moved that the Board authorize her attendance and expenses. Director Duffy seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. CUSTOMER SERVICE - CONSIDERATION OF RESOLUTION ESTABLISHING POLICY ON OWNER/ RENTER RESPONSIBILITIES By Board consensus. District Counsel Simon was asked to review the pro- posed resolution and the customer service application presently being used by the District. The matter was put over to the next regular meeting. ACCEPTANCE OF PAT SUTTON'S RESIGNATION - DIRECTION REGARDING ADVERTISING FOR DIRECTOR TO BE APPOINTED FOR THE REMAINDER OF THE TERM It was noted that Pat Sutton did not tender her resignation; her position as a PUD Director was relinquished upon taking office with the County Board of Supervisors (January 5, 1981). Discussion ensued relative to the fact that the District has only 90 days from the date of vacancy, January 5, 1981, to appoint a new Director before the Board of Supervisors may make such appointment. Director Duffy moved that notice be placed in the newspaper stating that the Board is interviewing applicants interested in becoming a Director on March 16th; an appointment may be made at that time. Applications will be received up until March 13th, The ad is to be published three times in the local paper. Director Maass seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. STATUS REPORT - MARTIS VALLEY SUBSTATION District Engineer Cook returned to the meeting at this point and reported that as soon as comments to the Environmental Impact Report have been received, the County permit process will be initiated. STATUS KM'UKT - PROJECT 79-1, WATER SYSTEM IMPROVEMENTS Mr. Cook advised that District funds committed to Project 79-1 must be expanded prior to tho FmHA loan closing. Also to be accomplished prior to that time is a currant water quality analysis on Southside Well No. 2 which will bo taken as soon as possible. Dana Knudsen, contractor, has indicated his readiness to proceed with the project. STATUS REPORT - OWICE REMODELING/REFURBISHING The District Engineer advised that he is in the process of finalizing the contract documents for the office remodeling work. It should be ready for review 3/17/tl Pfl. 5 at the next meeting. A resolution approving the specifications and issuing a call for bids will be placed on the March 2nd meeting agenda. CONSIDERATION OF RESOLUTION - ANNEXATION OF PONDEROSA RANCHOS Dan Cook reviewed and explained the draft resolution with the Directors and Counsel. After discussion, Director Maass moved, and Director Duffy seconded, that the Board adopt Resolution No. 8118 authorizing the filing of the TDPUD Ponderosa Ranchos annexation with Placer County LAFCo. ROLL CALL: all Directors, aye. SO MOVED. CONSIDERATION OF MEMO OF UNDERSTANDING RELATIVE TO PAYBACK PROVISIONS - PONDEROSA ASSOCIATES District Engineer Cook advised that he would meet with the Manager to finalize the memorandum of understanding re payback provisions - Ponderosa Associates - on February 18, 1981. ELIMINATION OF PRIVATE WATER SOURCES AND LINES WITHIN THE DISTRICT With respect to private water sources and lines located within the Dis- trict, the Draney line, Toomey well, individual springs on East River Street, the Shane well and private water company serving the State Maintenance Building were mentioned. Mr. Cook suggested that he prepare a map showing the relation- ship between these private sources and lines to the District system with note being made of any exposure to the public water supply that might exist. The possibility of bringing the sources and lines up to District standards and con- sideration of acceptance will be placed on the April 6th agenda. Director Maass asked that the District Engineer and Counsel investigate the matter prior to that time. I PLANNING DEPARTMENT NOTICES President Huber advised that two child care centers have been proposed. With respect to Michael Boaz (dog Kennel), she noted that the building should be on commercial meters for both water and electricity. Regarding a proposed condominium conversion in Tahoo Donner, the Chairman asked that the standard letter be sent. I CORRESPONDENCE Note was made of a demand letter from Milan Wight dated January 29, 1981. After some discussion. Director Maass moved that the Board direct Mr. Simon to advise Mr. Wight in writing that his claim has been denied and, if he so de- sires, he may take the matter to small claims court. Further, he is to be advised that the District is not governed by the Public utilities Commission. The motion was seconded by Director Duffy. SO MOVED BY BOARD CONSENSUS. STAMPEDE DAM GENERATING FACILITIES Relating to Tudor Engineering Company's letter of February 13th having to do with Department of Energy loan money. Director Maass moved that the Board direct Dave Wilier of Tudor to go forward with the DOE licencing loan application at no cost to the District. SO MOVED BY BOARD CONSENSUS. REQUESTED EASEMENT ABANDONMENT Cranmer Engineering has provided assurance that they will reimburse the District for necessary investigation of the proposed easement abandonment on AP#44-110-24 and 23, Lots 273 and 274, Tahoe Donner, Unit No. 4. The matter was referred to the District Engineer and will be placed on an agenda for consideration upon completion of Mr. Cook's investigation. I CLOSED SESSION The meeting was adjourned to closed session at 12:11 A.M. 2/17/81 pg. 6 A V I RETURN TO PUBLIC SESSION At approximately 12:51 A.M. the meeting was returned to public session. The Hatch case and Sierra Sun reporting methods were discussed. HATCH CASE It was duly moved and seconded that the Board rescind Resolution No. 7606 which stated the Board's refusal to provide for defense of Directors Craig and Sutton in an action brought by Doug Hatch and others on the ground of conflict of interest between the District and said Directors. John Craig and Pat Sutton are to submit detailed bills to the District for payment. SO MOVED BY BOARD CONSENSUS. ADJOURNMENT The meeting was adjourned at 12:53 A.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By LHS<JZ-' ( ■ Uu-l- Roberta C. Huber, President Susan M. Craig, Deputy District Clerk I I 2/17/81 pg. 7