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HomeMy WebLinkAboutMeeting MinREGULAR MEETING April 19, 1982 The regular meeting of the Board of Directors of the Truckee Dormer Public Utility District was called to order by President Maass at 7:06 P.M. in the TDPUD Board room. I ROLL CALL: Directors Corbett, Huber, Kuttel, Monson and Maass were pre- sent. EMPLOYEES PRESENT: James Ward, Joe Straub, Merrilyn Marsh and Susan Craig were present. CONSULTANTS PRESENT: District Engineer Cook and Counsel Simon and Phelps were present; Ken Peters of Hansen and Associates was present. OTHERS PRESENT: Among those present in the audience were Patti Ellison, Mira Shea, and Charles Phillips. APPROVAL OF MINUTES Director Corbett moved, and Director Huber seconded, that the minutes of March 1, 1982, be approved as corrected. ROLL CALL: all Directors, aye. SO MOVED. Director Huber moved, and Director Corbett seconded, that the minutes of March 15, 1982, be prepared in final form as drafted. ROLL CALL: all Directors, aye. SO MOVED. I Director Huber moved, and Director Kuttel seconded, that the minutes of March 22, 1982, be prepared in final form as drafted. ROLL CALL: all Dir- ectors, aye. SO MOVED. BILLS FOR BOARD APPROVAL It was noted that, at the last meeting, the Board indicated a willing- ness to consider approval of bills at each regular meeting in order to take advantage of available discounts. The mid-month cash flow statement was reviewed; it was tinted that the Sierra Pacific Power bill for purchased power should be paid only once a month. Thereafter, Director Kuttel muved that the Board approve payment of the bills in the amount of $56,073.48 (excluding the Sierra Pacific bill) . The motion was duly seconded. ROLL CALL: all Directors, aye. SO MOVED. I COMMITTEE REPORTS There were no committee reports. MANAGER'S REPORT Assistant Manager Ward advised he provided a written report to the Board on April 15th - a copy has been attached to these minutes for reference. He briefly mentioned that negotiations with respect to Wells A and B are in the process, and he anticipated having a report on the Martis Valley Substation financial situation at the next meeting. Director Kuttel again asked that the first of the month Financial State- ment list Water and Electric income and expenses separately. Director Huber mentioned that Frederick Kohler may not be managing the Hilltop properties any longer although he may still own the property. WAPA POWER ALLOCATION - STATUS REPORT - POSSIBLE ACTION AND/OR DIRECTION Mr. I -d noted that the Western Area Power Administration and Sierra Pacific Power have held the first meeting regarding delivery >t the two megawatt i. 1 ■. I'I.II. •1 I i/M." pq. 1 MARTIS VALLEY SUBSTATION AND FEEDER SYSTEM - DISCUSSION - POSSIBLE DIRECTION Upon the Electric Committee's recommendation, Director Corbett moved that a Notice to Proceed be issued to Harker and Harker. Director Huber seconded the motion. Discussion ensued regarding the balance in the Mar- tis Valley Substation reserve account and the possibility of financing the substation construction. Mr. Ward advised he would provide a planned fi- nancial payment program to the Board for review at the next regular meeting. ROLL CALL: Kuttel, no; all other Directors, aye. SO MOVED. Director Kut- tel indicated his "no" vote was because the District has no financing com- mitment as yet. PUBLIC HEARING - CONSIDERATION OF ORDINANCE ESTABLISHING WATER RATES FOR THE 1982 FISCAL YEAR It being 7:30 P.M., President Maass opened the public hearing respect- ing a possible increase in water rates for the 1982 fiscal year. Director Kuttel, on behalf f the Water Committee, recommended no in- crease in rates until January of 1983. At that time, after a thorough analysis of present costs, maintenance, construction, replacement of equip- ment and return on investments, a base rate will be established - power costs applied to pumping costs will be included in zonal charges. Some discussion ensued; Director Huber stated she felt the increased electrical pumping costs; should be passed through to the customers - this would increase the Water revenue by approximately $20,000. The Chairman mentioned recent and ongoii.j litigation - the Garbutt case - and noted the Water Department will be bearing the legal costs incurred. I Director Kuttel moved, and Director Monson seconded, that there be no increase in water rates until January £ 1983. ROLL CALL: Corbett, aye; Huber, no; Kuttel, aye; Monson, aye; Haass, no. SO MOVED. Director Huber Indicated her "r. >" vote was because she Felt increased electrical pumping costs for water delivery should be passed on to the user; President Haass noted his full agreement with Director Huber. I CONSIDERATION OF HILLTOP DEVEL'jPMENT AGREENENT District Counsel Simon requested that this matter be put over to the May 3rd meeting as Mr. Kohler has not as yet received advice from his at- torney. The Board agreed. CONSIDERATION OF RESOLUTION ACCEPTING EASEMENT FROM CARNELLE GREEN (SENIOK CITIZEN HOUSING) The necessity of the subject easement in relation to the Senior Citizen Housing project and its location were briefly discussed. After appropriate review of the dralt, Director Huber moved that the Board adopt Resolution No. 8220 accepting the easement from Carnelle Green for the Senior Citizen Housing Complex looped water system. Director Corbett seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. CONSIDERATION AND POSSIBLE APPROVAL - LETTER OF AGREEMENT WITH SPPCo RE RATE INCREASE President Maass provided a recap of events leading up to the proposed agreement between the District and Sierra Pacific with respect to the rate case. He indicated Special Counsel McDonough verbally recommende i u epti the terms of the agreement and further noted an opinion letter from Mr. McDonough should be received by the District shortly. The matter was put over for consideration at the May 3rd meeting. I CONSIDERATION OF RESOLUTION RESCINDING RESOLUTION NO. 7863 WHICH ESTABLISHES AN INTERIM PROCEDURE FOR THE TERMINATION OF EMPLOYEES Counsel Phelps reviewed the draft resolution rescinding certain reso- lutions regarding suspension and/or termination of employees. He made note of Paragraph 11 of Resolution No. 7863 which states, "The Resolution shall remain in effect until amended by the Board of Directors or until a Civil Service System is adopted which includes provisions for the termination of 4/19/82 pg. 2 it I classified empl vees." Reference was made to the Civil Service and Disciplinary Procedures adopted by the Board at the March 1st meeting, and District Counsel Simon noted that State mandated employee safeguards established in the Skelly case were included in those procedures. Director Corbett moved, and Director Huber seconded, that the Board adopt Resolution No. 8221 rescinding Resolution No. 7856 and Resolution No. 7863 regarding suspension and/or termination of employees. ROLL CALL: all Direc- tors, aye. SO MOVED. SPECIAL BUSINESS - WATER IMPROVEMENT PROJECT 79-1 - STATUS REPORT - POSSIBLE ACTION AND/OR DIRECTION President Maass acknowledged the presence of Charles Phillips, attorney for Skinner Bonding Company, and District Engineer Cook explained that Dana Knudsen, contractor for Project 79-1, has not completed the project; the contract time terminated December 5, 1981, and is now into the liquidated damage period at the rate of $200 per day; the subcontractors and suppliers have not been paid. Heated discussion ensued between several of the Board members and Mr. Phillips as to where the responsibilities lie and how to resolve the situation. The Board determined that District Engineer Cook's list of Project 79-1 items remaining to be completed dated April 5, 1982, is the one that will be used. Mr. Phillips agreed that he and/or a representative will meet with Dan Cook along with the subcontractors and suppliers at the job site during the week of April 26th. Mr. Cook will provide contract plans to Mr. Phillips the morning of April 20th, and will also notify the concerned parties when a date for the meeting has been set. I BOCA-PROSSER HYDROELECTRIC PROJECTS - POSSIBLE ACTION AND/OR DIRECTION Ken Peters of James Hansen and Associates reviewed with the Board future power requirements and supply, estimated unit values of project generation, present worth, benefit/cost ratio, economic feasibility and financing of the Boca hydroelectric project and answered questions pertaining to the item. The protest filed by the Piaute Indians was discussed, and Mr. Peters suggested a District representative approach the tribe directly and ask for a release (since the water will not be used for consumptive purposes, but diverted and returned). Also suggested by Mr. Peters was a meeting between Special Counsel McDonough and the Water Committee for the purpose of obtain- ing a protest release on the State level. He reminded the Board of Senate Bill 306 and the possibility of the government assuming development respon- sibilities and designating the District as a priority user. No action with respect to the proposed hydroelectric projects at Boca and Prosser was taken at this time. CONSIDERATION OF ELECTRIC AND WATER BUDGETS FOR 1982 I Several budget items requiring adjustment or amerdment were mentioned, among them, gain on sale of Electric property, power sales, civil engineer- ing expense, Electric and Water utility expense and cost of the radio base station. In response to Director Kuttel's question, Mr. Ward indicated Dis- trict Engineer Cook's letter respecting the proposed br " , * 'ould be review- ed, taken into consideration and, if warranted, < ill be incor- porated into the next budget draft. President Maass directed that a public hear' iideration of a resolution adopting the Water and Electric budc; i ^982 be scheduled for 7:30 P.M. on May 17, 1982. Mr. Ward asked that .e Directors provide written comments relative to the proposed budget in aimple time for inclusion. APPA CONFERENCE - NEW ORLEANS Director Huber, previously authorized by the Board to attend the American Public Power Association conference in New Orleans, requested permission to extend her stay in order to attend meetings recommended by Ken Peters. The Board agreed. 4/19/82 pg. 3 The President noted that the District would be registering Mr. Peters as one of its representatives at the APPA conference, and that Mr. Peters would be reimbursing the District. CONSIDERATION OF REVIEW PANEL'S MOTION CONCERNING DISCIPLINE OF MERRILYN MARSH Merrilyn Marsh was present in the audinece and, after being advised by Counsel Phelps of her choice as to the item being discussed in public or closed session, stated her desire to have the matter discussed in open session. Mr. Phelps summarized the pre-disciplinary hearing held on April 15th and noted the objections expressed by IBEW Business Representative Darrel Mitchell on behalf of Ms. Marsh. Mr. Phelps noted the Review Panel, at the hearing, voted to recommend to the Board that the discharge, which would have been effective as of 5:00 P.M. April 16, 1982, be rescinded and that suspension with pay be continued in order for the Board to have an oppor- tunity to consider the procedural and other objections raised at the hear- ing. Mr. Phelps read the following statement, and Directors Monson and Huber (Board members on the Review Panel) and Merrilyn Marsh agreed to its accuracy: On Thursday, April 15, 1982, the Review Panel (consisting of Betsy Wilson, Ronald Monson and Roberta Huber) met for the purpose of a pre- disciplinary hearing to review the disciplinary action taken with respect to Truckee Donner Public Utility District employee Merrilyn Marsh. They received from Merrilyn Marsh and her representative, Darrel Mitchell, cer- tain procedural and other objections to the District Disciplinary Procedure adopted pursuant to Resolution No. 8210. At such hearing they resolved to make the following recommendation to the Board of Directors - I 1. That the discharge of Merrilyn Marsh, which would take effect at 5:00 P.M. on April 16, 1982, be rescinded, and that Merrilyn Marsh remain suspended with pay, pursuant to notice previously delivered to her on April 12, 1982, pending further notice from the Board or General Manager. This recommendation was made in order to enable the Board of Directors to con- sider and take possible action concerning the objections raised by Merrilyn Marsh and her representative. I 2. That the hearing before the Review Panel be continued to a time to be agreed upon between the District, Merrilyn Marsh, and her representative. Thereafter, Director Corbett moved, and Director Kuttel seconded, that the Board rescind the discharge of Merrilyn Marsh, and continue suspension with pay to a time when the correct procedure has been determined. ROLL CALL: all Directors, aye. SO MOVED. CONSIDERATION OF PROCEDURAL OBJECTIONS AND CITHER OBJECTIONS BY MERRILYN MARSH AND /OR HER REPRESENTATIVE Counsel Phelps noted that at the April 15th hearing, Mr. Mitchell objected that the District's disciplinary policy was not yet in effect because the Dis- trict and Union had not completed the meet and confer process described in Government Code Sections 3504.5 and 3505, and that a previous resolution ad- dressing termination procedures (No. 7863) had not been properly rescinded by the Board. Mr. Mitchell questioned the adequacy of the notification of disciplinary action to Merrilyn Marsh and indicated that he felt the reasons for the action were not stated in sufficient detail. District Counsel Simon noted that the Memorandum of Understanding and prior Board resolutions do not provide employees the procedural safeguards required by State law, and as determined by the Skelly case, whereas the new disciplinary policy does comply with State and Federal requirements concern- ing due process notification and hearing rights. I Counsel Phelps advised that a letter has been written to Ms. Marsh stating that, if she or the IBEW Business Representative will indicate to the District which charge or charges are felt to be insufficiently described and what fur- ther information would be helpful, the District will provide a more specific statement of the charges. 4/19/82 pg. 4 CONSIDERATION OF IBEW LOCAL 1245 COMMENTS REGARDING DISCIPLINARY PROCEDURES (IBEW LETTER DATED 4/1/82 - TDPbD LEGAL COUNSEL LETTER DATED 4/1-V82) Mr. Phelps made reference to the IBEW letter dated April 1st offering five comments concerning the District's disciplinary policy adopted March 1, 1982, and his response on behalf of the District. He noted that a meet and confer session has been scheduled for 1:00 P.M. on April 20th. I Director Corbett moved, and Director Kuttel seconded, that District rep- resentatives be authorized to participate in the meet and confer respecting the District's disciplinary policy. ROLL CALL: all Directors, aye. SO MOVED. President Maass noted this item will be discussed further during closed session since it is a negotiable matter. ENGINEER'S REPORT I Airport Well District Engineer Cook reported that the Airport Well motor has been rewound and delivered, and will be installed and operational by mid-week at no cost to the District. COUNSEL'S REPORT District Counsel Simon noted that on-going litigation would be reported upon during closed session. PLANNING DEPARTMENT NOTICES General Plan - Zoning The Assistant Manager was authorized to respond to Nevada County Planning Department's request for comments pertaining to rezoning in conformance with the General Plan. CORRESPONDENCE Jerome Young Mr. Ward advised of Mr. Young's request for an audience before the Board to discuss the District's deposit policy. The President directed that the matter be placed on the May 3rd meeting agenda, and that Mr. Young be ap- propriately notified. APPA Director Huber mentioned a recent letter from the American Public Power Association encouraging response with respect to legilation allowing inclu- sion of the cost of new plants in the rate base while in the construction period. CLOSED SESSION I President Maass adjourned the meeting to closed session at 10:15 P.M. RETURN TO PUBLIC SESSION The meeting was returned to public session at 12:45 A.M. The President indicated litigation and personnel matters were discussed during closed ses- sion. PERSONNEL PROBLEMS The Chairman stated that at the April 5th meeting, during closed ses- sion, the Assistant Manager discussed with the Board personnel problems in general without specific employees' names being mentioned. The Board's direction to the Assistant Manager at that time was to take care of the issue. 4/19/82 PV. 5 RESIGNATION RON MONSON President Maass advised that, during closed session, Director Monson presented a confidential letter of resignation based upon business com- mitments and concerns, effective the end of May. The Board expressed its regret, and asked that he remain on the Board for the purpose of signing checks and attending meetings when possible, with the effective date of his resignation to occur prior to interviewing prospective Board members. The Board indicated it would appoint a new Director for the period between Mr. Monson's resignation and the November 1983 election; at that time, a member would be elected for a two-year term. Director Corbett moved, and Director Huber seconded, that the Board direct Counsel to immediately research the proper procedure and, there- after, directed President Maass and Assistant Manager Ward to prepare the necessary advertisements to solicit applicants for the Directorship. ALL AYE BY VOICE VOTE. SO MOVED. I ADJOURNMENT There being no further business before the Board, the meeting was ad- journed at 12:48 A.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT /J % -><-(\ TVV-^ Jafos; A. Maass, President Susan M. Craig, Deputy Distnl^t Clerk I I 4/19/82 pg. 6