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HomeMy WebLinkAboutMeeting Min,1 I REGULAR MEETING March 16, 1981 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Huber at 7:06 P.M. in the Tahoe Truckee Unified School District Board Room. ROLL CALL: Directors Duffy, Maass and Huber were present. Director Kuttel arrived at 7:07 P.M. EMPLOYEES PRESENT: D. Eugene Holt and Susan Craig were present. CONSULTANTS PRESENT: District Engineer Cook arrived at 7:10 P.M.; District Counsel Simon arrived at 7:11 P.M. OTHERS PRESENT: Among those present wore Maria Lowder, Daniel W. Cooley, John W. Scott, Charles C. White, Mira Shea, John Corbett, Rodney Wells, J. Robert Avery, Barry S. Carman, Fred Katz, Gary Ward, Tracie Yoakum, Roger Boren, Thomas Hanns, Donna Benko, Pat Hickey, Rob Huber, Sally Platt, Don Strand, Dave McClure and David Shields. AFPROVAL OF MINUTES Director Maass moved, and Director Duffy seconded, that the minutes of January 19 and February 2 and 9, 1981, be approved. ROLL CALL: all Directors, aye. SO MOVED. Director Maass moved, and Director Duffy seconded, that the minutes of February 17, 1981, be prepared in final form as corrected by President Huber. ROLL CALL: all Directors, aye. SO MOVED. I BILLS FOR BOARD APPROVAL The Board reviewed the bills presented for approval - Ice's Mobile Home Service bill in the amount of $4,008 for labor and materials for the mobile office remodel, and a partial billing from Truckee Carpets in the amount of $1,000 for installation of carpeting in the trailer. Mr. Holt briefly report- ed on the remaining work to bo done prior to moving into the mobile unit. Thereafter, Director Maass moved that the Board approve the bills. Director Duffy seconded the motion. ROLL CALL: Duffy, aye; Kuttel, aye; Maass, aye; Huber, aye. SO MOVED. COMMITTEE REPORTS The Chairman advised that there were no committee reports. SPECIAL BUSINESS INTERVIEWS WITH APPLICANTS INTERESTED IN FILLING VACANCY I ON BOARD CREATED BY PAT SUTTON'S ELECTION AS FIFTH DISTRICT SUPERVISOR It was noted that the District received seven applications from individuals interested in filling the vacancy on the Board created by Mrs. Sutton's election as Fifth District Supervisor. Two of the candidates, Helen Pifer and Connie Smith, were not able to be present. President Huber read Mrs. Pifer's letter into the record: "Dear Board Members - I am interested in the opening on the PUD Board; therefore, I have enclosed a brief resume. I will not be able to attend your March 16th Board meeting, as I am entering the hospital in the Bay Area for foot surgery on that date. My name is Helen Iola Pifer. I am married to George Pifer, Judge of the Truckee Judicial Court. We have lived in Truckee for almost twelve years. I was born January 29, 1921, in Spokane, Washington. I am a high school graduate; had one semister of college at Cheney Normal and a six month business course at Kinmon's Business College. The balance of my education has been by hard work and hard knocks of everyday learning. Upon the death of my father, and due to the fact my mother was an invalid, I operated the family marmalade factory for about two years completing Army, 3/16/81 pq. 1 Navy and Air Force contracts which wo were obliged to fulfill. I was a buyer for Frederick and Nelson's Department Store (Branch of Marshall Fields) in Seattle, Washington for two and a half years. I have thirteen years of banking experience with five years of that time on the platform (which consisted of opening new accounts, taking loan applications, handling car insurance and also, utility officer). I owned and operated my florist shop in San Jose, California for almost twelve years before moving to Truckee. I have worked in my husband's law office for twelve years as office manager, doing the accounting and purchasing. I do not have a broad knowledge regarding electiftcity, but I am most willing to learn. I am interested in the needs of our fast-growing commun- ity, and the future of the PUD. I am sure the PUD Board will be concerned regarding small claims suits that would come up in Judge Pifer's court. He has said he would schedule them all at a time when a visiting Judge could rule, thereby disqualifying himself. He is no longer representing the Truckee Fire Protection District, Truckee Sanitary District or Squaw Valley County Water District. Therefore, there should be no conflict of interest. Since a typewriter wasn't available, I apologize for submitting my resume in longhand. Sincerely, Mrs. Helen I. Pifer." Connie Smith's letter was also read into the record by the Chairman: "Dear Sir: I would like to apply for the position of a Board of Director for the Truckee Donner Public Utility District. I believe it is important for citizens to be willing to participate in community affairs. Public opinion is important in any agency that provides a service to the public. By having individuals with varied backgrounds on a Board such as yours, it tends to provide a sounding board for how the pub- lic might react to issues. Presently, I am a member of: Co-chairman, Nevada County Emergency Care Committee; Treasurer, Truckee Donner Chamber of Commerce; Member, Downtown Merchants Association. This is an important time for Truckee with many decisions to be made in the next few years. I would like to be a part of that decision making. I would be happy to talk with you to discuss my qualifications and back- ground in detail. Sincerely, Connie Smith." Names of applicants were drawn at random to determine the order in which the interviews would be conducted - Mira Shea, Daniel Cooley, John Scott, Maria Lowder and John Corbett. Responding to questions posed, Ms. Shea advised that, with respect to her ownership of the local radio station and coverage of the PUD meetings, the News Director of the station would have to gather news pertaining to the Dis- trict and prepare the news reports. Possible conflicts if she were appointed and decided to run for election in November, and the relationship to political advertising over the radio, were discussed. Reasons she stated for desiring to become a Director were as follows: 1) personal experience and 2) her aware- ness of the present issues before the Board and her desire to be in a position to address the issues. She answered questions with respect to her philosophy having to do with the decision making process. She stated that she believes Truckee needs to take charge of its destiny in terms of development of the area and the direction its going to take. She spoke of her interest in Truckee's incorporation. At the conclusion of Ms. Shea's interview, she advised the Board that KTRT Radio Station, owned and operated by her, is legally represented by Jim Simon - she was not willing to terminate that relationship. Due to the District's policy with respect to relationships between officials and consultants, it was noted that, with this fact properly disclosed, election to the Board would be possible. 1 I I 3/16/81 pg. 2 Daniel Cooley stated that he has lived in Tahoe Donner for the past four years, is 32 years old, and works as a Department Manager and Material Buyer for Tahoe Truckee Lumber Company. His interest in participating in local government was discussed. Respecting growth, Mr. Cooley noted that unbiased decisions could be made by him since he has no business or financial interests in the area; he did not foresee any conflicts of interest. Questions relating to his philosophy for decision making were answered. 1< I John Scott noted that he has lived in the Truckee community for eleven years. He reviewed his utility business background and knowledge of the com- munity with the Board. He noted one conflict - his ownership of J. S. Truckee Rents, a company presently doing business with the District. It was his desire, if appointed, to make decisions with the best interest of the community and the PUD in mind, he stated. I Maria Lowder advised that she has lived in the Truckee area since 1979, is self-employed and presently working on a contract basis with Cedar Creek Housing in Reno. Her interest in becomming involved in local government was discussed. She noted a particular interest in alternate energy, consumer conservation, metering water services and undergrounding utilities in new developments. She indicated she could foresee no possible conflicts. John Corbett, photographer for the Sierra Sun, noted that he has lived in the North Tahoe - Truckee area for the past 20 years. He spoke of his interest and involvement with many community projects, and advised that he has the time to devlote to duties of a Director, if appointed. Mr. Corbett noted he felt each issue before the Board should be judged on its own merit without emotional involvement. With respect to growth, he was in favor of well thought-out plan- ning. It was determined that all applicants live within the boundaries of the District and are registered voters in the County of Nevada. A copy of each ap- plication has been attached to these minutes. The Board determined that a Special Meeting for the purpose of appointing the new Director would be set for 5:30 P.M. on Monday, March 23rd, and thanked the applicants for their interest. REQUEST OF ANNE AUDAS FOR LOT LINE ADJUSTMENT Anne Audas was present in the audience and explained her request for a lot line adjustment to the property upon which Truckee Substation is located (AP#19-032-09). After some discussion, the Board advised Ms. Audas of pending litigation which might be affected if her request were granted (Garbutt case) . Director Duffy moved that William Owen, Counsel handling the Garbutt case, be asked to provide an opinion prior to the next Board meeting. SO MOVED BY BOARD CONSENSUS. If Mr. Owen's response if favorable, R. W. Beck, electrical consultants, are to be contacted and asked to make a recommendation. PUBLIC HEARING - DISTRICT ENGINEER'S AND COUNSEL'S RECOMMENDATIONS - CONSIDERA- TION OF ORDINANCES ACCEPTING TRUCKEE CROSSROADS ON AND OFF SITE WATER LINES - CONSIDERATION OF RESOLUTION ACCEPTING ELECTRICAL EASEMENTS I President Huber opened the public hearing at 8:25 and noted Fred Katz, David Shields, Gary Ward and Steve Kirkpatrick (representatives for the Truckee Crossroads development) were present in the audience. Mr. Katz provided the Board with a copy of Fire Chief Cope-land's March 16th letter which stated that the TFPD Board granted a variance tie* the requii-nd 3,500 gallon per minute fire flow to allow a firm fire flow of 2,400 gpm for the present existing Truckee Crossroads structures. Fire District approval of fire flov or occupancy for any building not currently constructed on the site will be delayed until the plans are reviewed and all factors related to fire protection for those additional buildings are considered. Also provided by Mr. Katz was a copy of the Fire District minutes of March 10th. The Chairman read the portion relating to the Truckee Crossroads Shopping Center for the benefit of the Board (copy attached). The 3,000 gallon per minute fire flow required in the Environmental Impact Report for the shopping center was mention- ed during the TFPD meeting, according to the minutes, and Dan Cook explained that seven or eight public hearings involving the various controlling agencies were 3/16/81 pg. 3 held - he was subpoenaed with respect to providing information re wastewater, fresh water and fire protection. The Board of Supervisors determined that the PUD and Truckee Fire Protection District would make the decision concerning fire flow. Dan Cook presented the packet showing fire flow at Truckee Cross- roads under various conditions, the March 2, 1981, letter from the Fire Mar- shal to the PUD, and a draft TFPD resolution recommending a one year condi- tional occupany permit for the shopping center (which was not adopted), an alternate plan of action and copy of Toomey's assignment letter. The entire packet has been attached to these minutes for reference. Required conditions for acceptance of the on and off site Truckee Cross- roads water distribution system were discussed. With respect to release of the Cal-Trans Permit and Nevada County Encroachment Permit, District Engineer Cook stated that Murchison Construction's letter of February 20, 1981, guar- anteeing completion of remaining work is adequate. Mr. Cook approved the easements granted to the TDPUD for the or site system and the Bill of Sale to the District for the on site water facilities. The quitclaim deeds from Lucky, Longs and FHK for the off site water facilities were in order with the exception of one mistake - all reference to Section 22 should be changed to Section 21. The U. S. Forest Service Special Use Permit for right of way at the intersection of Highway 89 and West River Street was delivered to the District on March 2, 1981. It was noted that resolution of the Northbilt claim against the Toomey line extension, in a fashion that would eliminate any District exposure, was not applicable to the acceptance of the water dis- tribution system. With respect to the Oliver Henrikson right of way claim, Dan Cook noted that the water line is incorporated within the County right of way. The District Engineer noted satisfaction with the Certificate of Compliance and Maintenance Bond and indicated he has received as-built draw- ings of the completed works. Payment to the District of all accounts to date has been made. I The draft ordinances were briefly reviewed. It was determined that the titles should be explicit - they will read as follows: Ordaining the accept- ance of water distribution system relating to Truckee Crossroads Shopping Center; Phase I, Deerfield Line; and, Ordaining the acceptance of water dis- tribution system relating to Truckee Crossroads Shopping Center; Phase II, West River street Loop Line. I The Public Hearing was closed. CLOSED SESSION The Boaid, at 9:09 P.M., adjourned to Closed Session to discuss the proposed agreement between the District and developers with Counsel. RETURN TO PUBLIC SESSION At 10:16 P.M., the meeting was returned to Public Session and the Board proceeded to review the proposed agreement with the developers. The follow- ing changes were agreed upon: 1) In every instance, "West River Street Line" is to be changed to "West River Street Loop Line." On page 2, Section D(i)(v) the second sentence is to be changed to read, "After consultation with the en- gineer for TDPUD, the Truckee Fire Protection District, and with insurance and fire protection system consultants for developers, it was determined that the Shopping Center's water needs for the existing structures..." On page 3, the complete titles and numbers of the Ordinances are to be written. Under the Hold Harmless and Insurance clause, in Section 5(b) and 5(b) (i), "West River Street Line" is to be changed to "Deerfield Drive Line." On page 6, 5(b)(i)(i), reference to paragraph 5(b) is t-o bf r-orrected to read 5(b) (i), and the last sentence in the section (starting, "The release and waiver," and ending, "at a normal flow rate," is to be eliminated. Director Maass moved that the Board authorize the President to sign the agreement between the District, FHK, Lucky Stores and Longs Drug Stores as amended, provided the agreement comes from FHK, Lucky and Longs, as accepted by them, within five days. If there is any problem, the matter is to be placed on the March 23rd Special Meeting agenda. Director Kuttel seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. Director Maass moved, and Director Duffy seconded, that the Board adopt Ordinance No. 8105 ordaining the acceptance of the water distribution system relating to Truckee Crossroads Shopping Center; Phase I, Deerfield Drive. ROLL I 3/16/81 pg, 4 I I CALL: all Directors, aye. SO MOVED. Director Maass moved, and Director Duffy seconded, that the Board adopt Ordinance No. 8106 ordaining the acceptance of the water distribution system relating to Truckee Crossroads Shopping Center; Phase II, West River Street Loop Line. ROLL CALL: all Directors, aye. SO MOVED. The following items were received by District Counsel with respect to this matter: On site water easement dated January 27, 1981; Bill of Sale dated January 30, 1981; the original Maintenance Bond; letter from Tenaya Construction dated March 11, 1981; four certificates of conformance; and two sets of certificates of conformance. PUBLIC HEARING - CONSIDERATION OF ORDINANCE ESTABLISHING POLICY FOR PURCHASE OF POWER AND ENERGY FROM SMALL POWER PRODUCERS AND COGENERATORS IN COMPLIANCE WITH THE PUBLIC UTILITY REGULATORY PRACTICES ACT OF 1978 The Chairman opened the Public Hearing at 11:27 P.M. and, since there was no comment from the public, immediately closed the hearing. Director Maass moved, and Director Kuttel seconded, that the Board adopt Ordinance No. 8107 establishing policy for the purchase of power and energy from small power producers and cogenerators in compliance with the Public Utility Regulatory Practices Act of 1978. ROLL CALL: all Directors, aye. SO MOVED. MANAGER'S REPORT $200,000 transfer from General Fund to Restricted Fund for new substation Gene Holt presented to the Directors the Office Manager's current statement of General Funds transactions relating to Public Time Deposits and the Local Agency Investment Fund, and a statement of Restricted Funds through December 31, 1980. A copy has been attached to these minutes. Note was made of the time deposits which have Board-imposed restrictions that could be released in order to come up with the necessary funds to complete the substation. The Board questioned whether or not the District would be in compliance with the agree- ment with Sierra Pacific if $13,011.92 was transferred out of the account set up per the loan agreement for the purchase of the Donner Lake system. The Manager is to check with the auditors and report at the April 6th meeting. Status report - Public Employer Personnel Consultants The Manager reported that he will be scheduling a meeting with Jim Lloyd of Public Employers Personnel Consultants in the near future. CONSIDERATION OF MEMO OF UNDERSTANDING RELATIVE TO PAYBACK PROVISIONS ASSOCIATES P0NDEROSA This item was put over to April 6th. ELIMINATION OF PRIVATE WATER SOURCES AND LINES WITHIN THE DISTRICT - REPORT BY ENGINEER This matter was tabled to the April 6th meeting. REVIEW OF WATER USE ORDINANCE - POSSIBLE DIRECTION RE SCHEDULING PUBLIC HEARING I The Chairman put this item over to the next Regular Meeting. iimaiuhnATIUN OF RESOLUTION AMENDING SECTION 14 OF THE BYLAWS District Counsel Simon noted he had researched whether the District is free to tape record meetings of the Board, store the tapes while the minutes of the meeting are transcribed, and then destroy the tapes. After reviewing a number of State laws governing the conduct of meetings of public agencies, the creation and preservation of public records, and eventual destruction of public records, it was Mr. Simon's conclusion that the Board is free to record its meetings, make the tapes available for public inspection, and destroy the tapes after they have been transcribed. He noted his understanding that, during the period that the tapes are stored, the tapes would be made available to the public upon reasonable notice and that an official transcript of each Board Meeting is prepared from the tapes and stored permanently in a minutes book. A copy of Counsel's opinion has been attached to these minutes for reference. 3/16/11 pf. 5 After some discussion, it was decided that the tapes should be stored and made available to the public for 45 days after approval of the minutes in final form. An appropriate resolution is to be prepared and will be considered at the next Regular Meeting. STATUS REPORTS MARTIS VALLEY SUBSTATION Dan Cook advised that he had spoken with R. W. Beck and Associates and learned that they have completed the one line diagram of the revised substation design and hope to complete the grading plan this week. I Director Maass noted that it was his understanding that the ground break- ing for the Senior Citizen Housing project will take place within the next two months and, as yet, the development agreement between the District and develop- er has not been finalized. District Engineer Cook was directed to contact Mr. Aiello regarding this matter and report to the Board at the next meeting. PROJECT 79-1 - WATER SYSTEM IMPROVEMENTS Mr. Cook stated that the chemical analysis on Southside Well No. 2 haa been completed and the Health Department should be advising Fanners Home Ad- ministration of the results soon. He further noted that the preconstruction conference will probably be shceduled early next week. Sam sperry, Esq., Victor Subbotin, the contractor, Dan Cook and District representatives should be present. Necessary actions required by the District will be discussed at that time. BOCA - PROSSER HYDROELECTRIC PROJECT Gene Holt advised that the District's application for a licensing loan is still being considered by the Department of Energy, Idaho Operations Office. He noted that various protests received by the District are yet to be resolved. STAMPEDE DAM GENERATING FACILITIES The Manager reported that, at this time, the District's applications will not be accepted but will be held until the status of the federal budget has been determined. FRIENT HYDROELECTRIC PROJECT Mr. Holt reported with respect to the WAPA meeting he and Ken Peters at- tended on March 3, 1981. He indicated many agencies are contending for the pow- er that will be produced by the Friant Authority, and noted there may be a problem transmitting across the mountains. The Manager noted that he and Mr. Peters met with representatives of Nevada's Department of Energy at the WAPA meeting and, on March 11th, Noel Clark, Director of that department. Mr. Clark suggested that Nevada Power Company be contacted in regards to technical information for the supply, transmission, and distribution of electric power within the States of Nevada and Utah, and in regard to the MX program. TEMPORARY MOBILE OFFICE I It was mentioned that the temporary mobile office should be ready for occupancy within the next week or two. OFFICE REMODELING - CONSIDERATION OF RESOLUTION APPROVING CONTRACT SPECI- FICAT10NS AND ISSUING A CALL FOR BIDS I Dan Cook advised that the cat-walk for snow removal from the mobile office roof will be included in the office remodeling contract. Also to be included in the contract specifications are the requirements for an en- vironmentally controlled room in which to house computer elements. Since not yet prepared, consideration of a resolution approving the contract specifications and issuing a call for bids will be placed on the next meet- ing agenda. 3/16/81 pg. 6 CONSIDERATION OF SALE OF SURPLUS DISTRICT LAND *v I With respect to the possible sale of surplus District land, Parcels A, F, G & J, District Counsel Simon was asked to determine whether the Dis- trict must again notify appropriate agencies before offering the parcels to the public. Prior to consideration on April 6th, an appraisal update must be obtained. President Huber asked that an item relating to the District's 1.9 acre parcel be placed on the next meeting agenda also. The Board will discuss whether or not the new District office should be located on that parcel. ELECTRICAL DISTRIBUTION EQUIPMENT - CONSIDERATION OF RECOMMENDATIONS - POSSIBLE AWA;. : After the Board reviewed the General Foreman's recommendations for award- ing the eleccricc.l distribution equipment bids, Director Maass moved, and Director Duffy seconded, that the Board award the cut-out arrestor combination device bid to North Supply Company for 100 McGraw Edison units for a total price of $4,005.60. ROLL CALL: all Directors, aye. SO MOVED. Director Maass moved, and Director Duffy seconded, that the Board adopt the General Foreman's memorandum dated March 11, 1981 (copy attached) which sets forth the low meter bids which meet the specified requirements with sat- isfactory deliveries and 1981 price protection as follows: a) Western States Electric, 576 meters for a total of $13,190.40; b) General Pacific, Inc., 4 meters for a total of $135.60; c) General Tacific, Inc. 4 meters for a total of $143.00; d) Maydwell Hartzell, Inc., 48 meters for a total of $3,072.00; e) General Pacific, Inc., 4 meters tor a total of $340.80; f) General Pacific, Inc., 4 meters for a total price of $426.20; g) General Pacific, Inc., 20 meters for a total of $3,168.00; h) General Pacific, Inc., 4 meters for a total of $633.60; i) General Pacific, Inc., 4 meters for a total of $541.20. ROLL CALL: all Directors, aye. SO MOVED. I Director Duffy moved, and Director Maass seconded, that the Board award the bid for pad mounted transformers to North Supply Company with Westinghouse Transformers in the amount of $9,414.00. ROLL CALL: all Directors, aye. SO MOVED. Director Duffy moved, and Director Kuttel seconded, that the Board award the bid for pole mounted transformers to RTE in the amount of $52,868.00. It was noted that the low bidder for the pole mounted transformers was North Sup- ply Company based on a firm order within 21 days of the bid opening date and a one shipment deaJ. Inasmuch as the District has no storage space or immediate need for seventy transformers, the next lowest bid with satisfactory delivery increments through the last three quarters of tne year on the basis of need was chosen. ROLL CALL: all Directors, aye. SO MOVED. I Director Duffy moved, and Director Kuttel seconded, that the Board award the triplex service wire bid to Graybar in the amount of $286.02 per thousand for #2, and $555.87 per thousand for #2/0. ROLL CALL: all Directors, aye. SO MOVED. EMERGENCY GENERATOR - CONSIDERATION OF RECOMMENDATIONS - POSSIBLE AWARD Tne Board agreed with the Manager's suggestion that award of the generator bid be delayed until it is determined whether or not a surplus generator may be purchased from the government. CONSIDERATION OF RESOLUTION ESTABLISHING DISTRICT POLICY REGARDING PAYMENT OF EXPENSES FOR AUTHORIZED DISTRICT BUSINESS AND RESCINDING RESOLUTION NO. 7849 The Board indicated they had not received copies of this proposed resolu- tion. The matter was tabled to the April 6th meeting. MICKELSON MEDIA INC. - REQUEST FOR REVIEW OF POLE RENTAL CHARGES With respect to Mickelson Media's request that the District review the $4.00 per pole charge and adopt a consistent standard rate for all parties concerned, it was decided that Pat Sutton should be contacted and asked how the $4.00 charge was determined. The minutes from the meeting at which the agreement was approved did not make note of the means by which the charge was decided upun. 3/16/B1 P9. 7 AUTHORIZATION FOR DAVE RULLY TO ATTEND SEMINAR SESSION The Manager briefly explained to the Board the seminar session on back- flow prevention that Water Serviceman Ruly has asked to attend. Costs involved are tuition in the amount of $15, transportation to and from Santa Rosa and one nights lodging. Director Maass moved, and Director Duffy seconded, that Dave Ruly be auth- orized to attend the seminar session and that his expenses be paid. SO MOVED BY BOARD CONSENSUS. ELECTRICAL RATE INCREASE - DIRECTION RE SCHEDULING OF PUBLIC HEARING I It was duly moved and seconded that the Board schedule a public hearing respecting the proposed electrical rate increase for 7:30 P.M. on April 6th, and that the secretary advertise appropriately. A special meeting is to be scheduled for 5:30 P.M., and the proposed rates and ordinance will be review- ed at that time. Gene Holt is to prepare a press release for the newspaper regarding the rate increase prior to the Tuesday afternoon deadline. ROLL CALL: all Directors, aye. SO MOVED. DISTRICT ENGINEER'S REPORT District Engineer Cook had no report at this time. DISTRICT COUNSEL'S REPORT Opinion re legal publication requirements Mr. Simon noted he researched as to whether it would be possible for the PUD to use the Tahoe World rather than the Sierra Sun for the publication of legal notices. He noted that, apparently, neither the Sierra Sun nor the Tahoe World has obtained a court decree with respect to the Public Utility District. Since the Sierra Sun has been used consistently for some time, it was his op- inion that there would be some risk in shifting to the Tahoe World before the Tahoe World has obtained a court decree with respect to the PUD. He noted that there may be a real risk that ordinances published in the Tahoe World might bo challenged as ineffective. Mr. Simon recommended that, before the District switches newspapers, it approach the Tahoe World to determine if that newspaper would be willing to obtain a court decree establishing it as a newspaper of general circulation for the District. Director Maass moved that the Board direct Counsel to write to the Tahoe World and request that it obtain such a court decree. Director Duffy seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. Initiation of lien procedure for non-payment of utility bills With respect to the feasibility of the PUD establishing a lien on the property owned by the individuals who are delinquent on the payment of util- ity bills, Mr. Simon reported as follows: Section 16648 of the PUC provides that the District may elect to avail itself of the assessments made by the County Assessor's Office in which the District is located. The District must elect by ordinance to do so and must file a certified copy of the ordinance with the Auditors of the County in which the District is located. Pursuant to Section 16649, an election to make use of the Assessor's Office is effective with respect to all assessments on the February 1 statement, after the filing of the ordinance with the County. Mr. Simon noted he is presently trying to contact the County Assessor's Office to determine the exact procedure that the District should follow in order to cause unpaid utility bills to become assess- ments on property. He indicated ho would report to the Board as soon as the information is available. I I CORRESPONDENCE President Huber noted receipt of the C. W. Roen Construction Co. final bill for the reconstruction of the Southside Well No. 2 building, and asked that it be placed on the next list of bills presented for Board approval. The John C. Rogers letter dated March 9, 1981, regarding the Toomey/ Northbilt/FHK problem was mentioned. The Chairman also asked that the bill for legal fees from Thomas Archer, Esq. (re the Hatch case) be placed on the next list of bills presented for Board approval. 3/16/81 pg. e I* PLANNING DEPARTMENT NOTICES The Chairman mentioned Planning Department notices regarding condominiums in Tahoe Donner and the tentative map submitted by Ward Ingersoll in The Meadows. The County is to be notified that The Meadows is located outside the District boundaries. CLOSED SESSION I President Huber adjourned the meeting to closed session at 1:05 A.M. RETURN TO PUBLIC SESSION At 1:33 A.M., the meeting was returned to open session, and the Chairman advised that possible legal (conflict of interest) and personnel problems with two of the Director-applicants was the subject of the closed session. Mira Shea will not be considered for appointment because of the conflict stated during her interview - Jim Simon is her attorney as well as the District's attorney. Director Duffy submitted three applicants for consideration - John Scott, Maria Lowder and John Corbett. President Huber recommended John Corbett for a; ; ointment. Directors Kuttel and Maass declined to make any nominations. Director Maass moved, and Director Duffy seconded, that the Board appoint John Corbett as the Director to fill the term created by Pat Sutton's election as Supervisor of the Fifth District. ROLL CALL: Duffy, aye; Kuttel, abstain; Maass, aye; Huber, aye. SO MOVED. John Corbett is to be notified, and the ap- propriate resolution shall be placed on the March 23rd special meeting agenda for consideration. ADJOURNMENT I President Huber adjourned the meeting at 1:35 A.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Byjfc -.■Vt-lA-' L CJLA Roberta C. Huber, President .w^. ^ Af . Susan M. Craig, Deputy Distftxct Clerk I 3/16/81 pfl. 9