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HomeMy WebLinkAbout2014-11-19 Min - Board BOARD ACTION / MINUT ORDERS : 11 / 19/2014 CONSENT CALENDAR D irector Bender moved , and Director Ellis seconded , that the Board approve the consent calendar . ROLL CALL : Directors aye , by voice vote . SO MOVED CONSIDERATION OF FINAL COMPLETION OF THE DISTRICT DONNER LAKE SUBSTATION CIVIL IMPROVEMENTS This item involves th e Notice of Completion for the Donner Lake Substation Civil Improvements Proj" ect with Longo Incorporated . Adopt a resolution accepting the Donner Lake Substation Civil Improvements project as complete and authorize the filing of the Notice of Completion CONSIDERATION OF FINAL COMPLETION OF THE DISTRICT PIPELINE REPLACEMENT - 2014 PROJECT This item involves the Notice of CompletIff ion for the District Pipel ine Replacement - 2014 Project with Civil Engineering Construction . ;N Adopt a resolution accepting the District Ppelinei Replacement - 2014 project as complete and authorize the filing of the Notice of Completion CONSIDERATION OF THE AWARD OF A CONTRACT FOR THE ANCILLARY SCADA BUILDING ROOF This item involves the award of a contract to provide materials and installation of a roof on the Ancillary SCADA Building . M02014 =82 • Award a contract to Lebel Roofing Inc . of Truckee , Ca . for an amount of $ 17 550 plus a 10 percent change order authorization for a not t ,1�111) exceed amount of $ 18 , 975 • Authorize the transfer of up to $ 18 975 from the Electric Capital Reserve Fund to the Electric General Fund CONSIDERATION OF A CHANGE ORDER FOR THE TREE TRIMMING CONTRACT This item concerns an increase in the approved annual Contract for the for the electric line and tree trimming contract with Wright Tree Service . M02014=83 Authorize an increase to the annual contract amount for electric line clearance and tree trimming services with Wright Tree Service from $250 , 000 to $273 000 CONSIDERATION OF DECLARING DISTRICT VEHICLE UNIT 212 SURPLUS This item concerns declaring an Electric Department Service Body Truck , Unit 212 , as surplus . M02014 =88 Declare Unit 212 surplus , and apply the sales proceeds to the Electric Vehicle Replacement Fund ACTION ITEMS CONSIDERATION OF ADOPTING A RESOLUTION FOR GEORGE CA ALLERO ' S RETIREMENT This item involves adopting a Resolution to commend George Caballero for hi sI wenty -four years of serva ce to TrUGkee Donner PUD . Director A uera moved , and Director Ellis seconded , that the Board adopt the Resolution 2014*--124 recognizing George Caballero for his twenty-four years of service . ROLL CALL : Directors aye , by voice vote . SO MOVED 1 CONSIDERATION OF ADOPTING A RESOLUTION TO COMMEND OUTGOING Iff DIRECTOR RON HEMIG This item involves adopting a resolution to recognize Ron Hemig for his twenty years of service to Truckee Donner Public Utility District. Director Aguera moved , and Director Ellis seconded , that the Adopt Resolution 2014 -25 recognizing Director Ron Hemig for his many years of service on the Truckee Donner PUD Board . ROLL CALL : Directors aye , by voice vote . SO MOVED CONSIDERATION OF A DISTRICT CUSTOMER APPEAL OF A UTILITY DEPOSIT This item involves a District customer's appeal to the Board to waive a utility deposit. M02014=84 Director Lal 'ioti's moved , and Director Hemig seconded , that the Board deny customer' s appeal :, ROLL CALL : D irector Bender , no ; all other Directors aye , by voice vote . SO MOVED CONSIDERATION OF A REVISED GRANT DEED OF PUBLIC EASEMENT TO SOUTHWEST GAS This item involves a revision to an easement to Southwest Gas for appurtenances in addition to a gas line that crosses the Distri ct's parcel APN 19 =400 =27 , M02014 =85 Director Aguera moved , and Director Ell is seconded , that the Board Author ize the Board President to execute an amended easement agreement between Southwest Gas and the District an APN 19 -400 -27 * ROIL CALL : Directors aye , by voice vote . SO MOVED ROUTINE BUSINESS Treasurer' s Report 1102014-86 APPROVAL OF THE TREASURER' S REPORT OF FUND BALANCES AS OF SEPTEMBER 30 , 2014 : Director Bender moved , and Director Hemig seconded , that the Board al 1 rove the treasurer' s report for the month ended September 30 , 2014 . ROLL CALL ; All Directors , aye . SO MOVED . APPROVAL OF DISBURSEMENTS FOR OCTOBER 2014 Director Ellis moved , and Director Aguera seconded , that the Board approve the October 2014 disbursements report . ROLL CALL : All Directors , aye . SO MOVED . APPROVAL OF MINUTES FOR OCTOBER 15 , 2014 Director Hemig moved , and Director Aguera seconded , that the Board approve the minutes of October 15 , 2014 . ROLL CALL : All Directors , aye . SO MOVED . M02014vw87 CLOSED SESSION CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 ( E ) , PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GENERAL MANAGER' S PERFORMANCE PLAN REVIEW CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956 . 9 ( D ) (4) , 2 CONFERENCE WITH LEGAL COUNSEL ON DECIDING WHETHER TO INITIATE LITIGATION :0 TWO CASES There was no reportable action . 3 TRUCKEE DONNER U y D " '1' t 'll 10 t i St t Pub C ric 11570 Donner Pass Road Truckee , Ca . 96161 Mi n ute Orde r November 19 , 2014 MO 20141w82 CONSENT CALENDAR D irector Bender moved , and Director Ellis seconded , that the Board approve the consent calendar . ROLL CALL : Directors aye , by voice vote . SO MOVED CONSIDERATION OF THE AWARD OF A CONTRACT FOR THE ANCILLARY SCADA BUILDING ROOF This item involves the award of a contract to provide materials and installation of a roof on the Ancillary SCADA Building . Award a contract to Lebel Roofing Inc . of Truckee , Ca . for an amount of $ 17 550 plus a 10 percent change order authorization for a not to exceed amount of $ 187975 • Authorize the transfer of up to $ 18 975 from the Electric Capital Reserve Fund to the Electric General Fund Fiscal Impact • The fiscal impact associated with this item is $ 17 , 550 plus a 10 % change order authorization , to be funded from Electric Capital Reserve Fund 19 • Sufficient funds exist in the Electric Capital Reserve Fund 11570 Donner Pass Road — Truckee , CA 96161 Phone 530 587-3896 Fax 530 587*4 189 II Ij I me TRUCK- EE DONNER P I D # i ric LAb11C Utia ist st ft 11570 Donner Pass Road Truckee , Ca . 96161 Minute Order November 19 , 2014 MO 20141=83 CONSENT CALENDAR D i rector Bender moved , and Director Ellis seconded , that the Board approve the consent calendar . ROLL CALL : Directors aye , by voice vote . SO MOVED CONSIDERATION OF A CHANGE ORDER FOR THE TREE TRIMMING CONTRACT This ite m concerns an increase in the approved annual 01 Contract for the for the electric line and tree trimming contract with Wright Tree Service . M0201 mm83 • 10 Authorize an increase to the annual contract amount for electric line IF clearance and tree trimming services with Wright Tree Service from $ 2507000 to $ 2731000 Fiscal Impact • Sufficient funds exist in the FY14 budget 11570 Donner Pass Road — Truckee , CA 96161 Phone 530 587-3896 Fax 530 587- 1189 T K D NNER RUC .. E ......... ... .......... III E 0 Pu lic Uti i y Districot 11570 Donner Pass Road Truckee , Ca . 96161 Minute Ord er ........... .. November 19 , 2014 MO 2014M 84 - REVISED CONSIDERATION OF A DISTRICT CUSTOMER APPEAL OF A UTILITY DEPOSIT This item involves a District customer' s appeal to the Board to waive a utility deposit . M020140084 Director Laliotis moved , and Director Hemig seconded , that the Board deny customer' s appeal .. ROLL CALL : Director Bender , no ; all other Directors aye , by voice vote . SO MOVED Fiscal Impact 3t • If appeal is denied , customer will owe the remainder of the $ 775 deposit payable in four more monthly installments of $ 155 per the agreement signed on November 7 , 2014 . 11570 Donner Pass Road — Truckee , CA 96161 Phone 530 587-3896 — Fax 530 587- 1189 Attachment 1 f. From : Michael Maher [mailto : mikem@customlearning . orgl Sent : Monday , November 10 , 2014 9 : 16 AM To .: Barbara Cahill Subject : Appeal Hello Barbara , 1 am writing you to file an appea l in regards to a decision recently made by Bob Mesher on my account . He found that I should be required to pay the deposit , per the terms of the ' EFT in Lieu of Deposit Agreement , ' due to a failed EFT transaction . As have shown exhaustively to Bob , the failed transaction occurred as a result of lack of n otifi cation about TDPUD ' s billing procedure . On August 25th , my bill was due , and I paid my bill in full . As I had not received a b 'IrII 'I' n September , I noted that I should call in before the 25th to set up a payment , or otherwise make sure the account corresponding to the scheduled EFT had enough funds by that date . On September 22nd , less than one month since paying my bill in full , I came home to find a disconnect notice posted on my front door. I called immediately to find out what error had been made . I was never informed , and had no reason to believe , that consecutive bills could be due less than one month apart .. Bob has confirmed that TDPUD would not charge a deposit in a case where the failed EFT occurred due to an error made by TDPUD . I have clearly illustrated that this is the case , as the failed EFT occurred due to lack of notification of TDPUD ' s billing pro ced u re . Bob insists that , "Truckee Donner PUD made no error yet cannot explain anyway I would have known about this billing procedure without receiving the September bill (which was not delivered ) or calling TDPUD well before I would have any reason to suspect my bill would become due . Now that I have been made aware of TDPUD ' s billing procedure I may plan appropriately to ensure this error does not take place again in the future . If I had been properly informed before this incident , it would have been prevented . hope that I have made a clear and compelling description of the events surrounding this failed EFT , however, this issue has placed considerable pressure on me in terms of time and stress , and it is possible that I may have omitted some sections . Please contact me if any additional information is required or requested . Thank you , Mike Maher MlkeM (cb, customlearnin.g . org ( 808 ) 277-9017 ATTACHMEN Michael Maher Account History Mr . Maher' s Assertions • He should not be charged the required $ 775 deposit or a deposit in any amount . His credit score is incorrect because of a mistake in his bankI s records for h ' s student loan . • He never received the D ' strict- s September utility bill • The District' s longstanding practice of a four -week billing period is too confusing . • The District' s code does not allow his mother who lives in Arizona to co -s i gn for him . • The District ' s base water charge is too high . History • 06/ 11/ 14 Mr . Maher opened his electric and water account with the Distri* ct ,. His application shows he is renting the house . Based on his credit report,, a deposit was due ; twice the highest bill in the past 24 months . He applied for the District' s automatic payment option ( EFT in lieu of deposit) and initialed the clause that says , "By choosing to enroll in the Recurring Credit Card EFT Program i n lieu of deposit, 1 understand that i a payment is rejected or reversedfor any reason, at any time within the next 24 months, a deposit of twice the highest hill within the last 24 months of service will be added to my account and no payment arrangements will be accepted. 1 am aware of the fact that i 1 were to choose to pay the deposit today, payment arrangements may be available. " • 07/ 21/ 14 He manually paid in full $ 123 . 91 on the due date of his first b ' 114 • 08/25 / 14 He automatically paid in full $ 345 . 95 on the due date of his second bill . • 09/22/ 14 His automatic EFT of $ 390 . 67 was declined on the due date of his third bill because of Ib insufficient funds . • 09/ 23 / 14 A Customer Service Representative ( CSR ) emailed him a notice to comply and to pay $ 390 . 67 , plus a $ 775 deposit .. • 09/24/ 14 He called the CSR to say he was able to pay the $ 390 . 67 , but not the deposit . • 09 / 24/ 14 After speaking to her manager, the CSR emailed him an option to pay with different banking i nformation and to pay the $ 775 deposit in two monthly installments ., • 09/25 / 14 He called the office before it opened . The District's after- hours answering service reported he was upset that someone e - mailed him instead of calling him . He cannot afford to pay a deposit . • 09/ 25 / 14 He emailed the CSR to explain he could pay the $ 390 . 67 , but not the deposit . He does not want to receive email communication from us . He requested her supervisor to call him . He stated that his credit report is inaccurate . He thought payments were withdrawn every 25 th of so the month . He did not receive a bill for September . • 09/25/ 14 The Administrati ve Services Manager, Robert Mescher, called him to explain his account and the reason for the deposit . Customer cut short the conversation . He said he had to go bacl< to work . • 09/25 / 14 He called Mescher and paid $ 390 , 67 via credit card . Mescher continued the discussion and offered customer a five -- month payment plan . He refused the payment plan . Mescher i of 2 i r ATTACHMENT 1 s explained the $ 775 would be added to his next bill . He said he could not afford to pay any of the deposit . He i' s trying to correct his credit history . He would contact his lender to see if they corrected his record . • 09 /29 / 14 He came to the District counter . Mescher had a lengthy discussion with him . He asked .0 if his mother who lines in Arizona could co -sign . Mescher declined . Mescher offered assistance from FRC LIHEAP and our ESP program , but he declined . M escheragain offer ed him a five - month payment plan . He declined . Mescher explained the $ 775 would be added to his next bill . He said he plans to attend the October 15 Board Meeting . Mescher encouraged him to do so , but advised him that the Board may or may not request staff to respond . Mescher gave customer Mescher' s business card and offered to formally respond to any written complaint . • 10/09/ 14 He emailed Mescher that he does not understand why the $ 775 was added to his account . Mescher responded "You were advised that the $ 775 would be included in your next bill when you and I spoke on September 29 , 2014 at the front counter . The full deposit was added to your most recent bill because you did not agree to our special offer of a five - month payment 40 plan . Truckee Donner Public Utility District' s four- weekly- cycle - billing mefihod is not unusual , but is standard for our industry . Your mother cannot be a co -signer because she is not a current 0 cu sto m e r of TD P U D . Se ctio n 5 . 0 1 . 00 5 of TD P U D ' s District Cod e states th at 'th e co -s ign e r m u st b e a current customer with at least 24 consecutive months of service who is in good credit standing with the District . ' Your credit score is not within the control of TDPUD . A deposit can be waived under certain circumstances , however, you do not qualify . For your records, I have included selected sections of your service application explaining why a deposit has been applied to your account, with your signature and initials indicating you acknowledged and agreed to those te rm s . " • 10/09/ 14 He email his response to Mescher . His email did not contain any questions, requests ,, or new information . Therefore , Mescher did not respond . • 1. 0/20/ 14 He emailed Mescher asking why Mescher did not respond to his 10/09 / 14 email and Mescher emailed stating the 10/09/ 14 email did not contain any questions, requests , or new i nformation . • 10/ 21/ 14 He emailed Mescher listing the events and asking the same prior questions . Mescher responded consistent with prior responses . • 11/05/ 14 He sent Mescher a four- paged e - mail , listing the events and asking the same prior questions . Meschercalled him . They had a 40 minute discussion . Mescheroffered the five - month installment plan for one final time , expiring on 11/07/ 14 . He did not seem satisfied . • 11/06/ 14 Mescher emailed him the District Code sections regarding billing disputes and appeals along with detailed instructions . • 11 /07/ 14 He emailed Mescher indicating he will pay the $ 155 " in protest" and appeal to the Board . • 11/07/ 14 He paid the f*irstinstallment payment of $ 155 and signed the payment agreement . • 11/ 10/ 14 He emailed an appeal to the Board to Barbara Cahill 2 af 2 RUCK. EE D N� ER t P bi , I D i ric Li Uti it St It 11570 Donner Pass Road Truckee , Ca . 96161 Min ute Ord e r November 19 , 2014 MO 201 m85 - REVISED CONSIDERATION OF A REVISED GRANT DE ED OF PUBLIC 0 EASEMENT TO SOUTHWEST GAS This item involves a revision to an easement to Southwest Gas for appurtenances in additi on to a gas l ine that crosses the District' s parcel APN 19 =400 =27 . M02014W85 Director Aguera moved , and Director Ellis seconded , that the Board Authorize the Board President to execute an amended easement agreement between Southwest Gas and the District on APN 19 -400 -27 . I ZC) LL CALL : Directors aye , by voice vote . SO MOVED Fiscal Impact IL 0 There is no fiscal impact associated with this item . 11570 Donner Pass Road — Truckee , CA 96161 Phone 530 587~3896 — Fax 530 587- 1189 Attachment 2 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO : TRUCKEE DONNER PUBLIC UTILITY DISTRICT 11570 Donner Pass Road Truckee CA 96161 THE UNDERSIGNED DECLARES Documentary transfer tax is $ 0 APN 19-400--n27 AMENDED GRANT DEED FOR PUBLIC UTILITY EASEMENT FOR THE SOUTHWEST GAS CORPORATION FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged , Truckee Donner Public Utility District, Grantor, does hereby amend and grant to Southwest Gas Corporation , Grantee , an amended permanent public utility easement over a portion of APN 19r&400Pw27 located in the Town of Truckee , Nevada County, California and further described in Exhibit "A" attached hereto and conveyed to the undersigned in that grant deed recorded in the official records of the County of Nevada on September 9 , 2009 as # 2009002444OF The amended easement granted herein includes the right to do all things necessary for 11 the construction , installation , upgrade , operations , repair, and maintenance of a natural gas pipeline or pipelines it any appurtenances and pressure regulation j equipment on this easement including , but not limite d to , a right of ingress and egress , a � right to store equipment and materials , to excavate , to drive vehicles over, to place 1 markers on , to survey, to inspect and repair and to remove rocks , boulders , trees and plant life in the course of excavation or re-excavation . Grantee agrees to work with due care in the exercise of its rights on the property and to restore it to reasonably the same condition which existed before the work was performed . Date : November 19 , 2014 i i Tony Lall*ot'is , President of the Board (Notarized ) f r E i ■ _■ . I i t 40. 19 09 a w w a dr FIN" :!SMON IIDDRfiM QUARM 010I, QUAM CORM AS NOM PION INDUSTMAL CENTER ■ 11 PHASE III # ► FDLW MCfM AS FOM 3/4� *M PW STARRM %S 4371W TOPUD oe P )y SEt 3/4!p RW PN W/CQPPER COUAR STAWPED IS 7934! 20t" A .0,01p sp (1) 6 . . bF . 1w (2) a 0 1 m " a 0 6 R05 It NCR • �� CAME (3) a a a w A * 0 RECM 9 IRS 67, HCR 12! EASEWENT 70 USk ("W) 703 OR 11 (4) 6 a a A RECM 18 pu HCR PER 118 ORNG 206 2W PPELME T (5) FMCM PM 7 SUBS 1131 H F 378 (7) RECM WC # '� oe MW., K! UPcR amms PjGkT oF wAy mmumeNTA-nom mAp 3/4 um pm FOR RIE M P9 Ir SHEET NiDo. 8 OF 22 PJ-.V 2/2 W/CCPPER COUAR M * # MORWAY MMUNEUT t BEARS SIMU i Z } PosrncH. FSW WLN)4ACT" Lm Fm _ . (FUNS "OPM SPA . TDPtM dW coNa. MMUMENT BEARS S=I;'2rW Ls4liM + It *WAY SMMW BEAM Is P T47M'0 . W FIRM ge� oir IRON PIN STAWM: �.. o # �. , Ilk (257."Xl)qp 15 ISO RE RO F RV.-ISY THE T I=KEE 13ONNER P 13LI C - TI TY .131 �'Rl T nXWD lm Fd* Pig .AOCMmTM AS SWTH 1/4 A PORTION OF SECTION 10 CMER SSnW 10 PIER(l)(3) Tv 17 Hol Rw 16 "Ex, M;mDmMs IN - THE TOWN OF TRUCKEE m#%TE } F * a * # 5A!jiS OF 99,A11114 NEVADA COUNTY, CALIFORNIA RW= OF IM SUMV PS M AM m� � 1 INS.SM� THE STATE PLME SCALE: �� ��. 8. *`. � MAY 2008 Imo. ` M SHOW HEREW ZaWM PUJMS AM C. IMM jAS fDMDP 7K W.M + • Ptr-wl AS NOTM ANDR 2) 7S M Q%MD MST CCUMATM FACTM ` t t tSHEET oop&= oal&44w* T*pf R!Slq iia t i ■ E D NNER TRUCK.E .0. bl " I . .......... Pu ic Uti ity District . ......... ...... ............ ...... ...... 11570 Donner Pass Road Truckee , Ca . 96161 Mi n ute Orde r November 19 , 2014 MO 2014m88 CONSENT CALENDAR D Iff irector Bender moved , and Director Ellis seconded , that the Board approve the consent calendar . ROLL CALL : Directors aye , by voice vote . SO MOVED CONSIDERATION OF DECLARING DISTRICT VEHICLE UNIT 212 14 SURPLUS This item concerns declaring an Electric Department Service Body Truck , Unit 212 , as surplus . • Declare Unit 212 surplus , and apply the sales proceeds to the Electric Vehicle Replacement Fund Fiscal Impact • The sale of Unit 212 at public auction will allow proceeds to go to the Electric Vehicle Replacement Fund 11570 Donner Pass Road — Truckee , CA 96161 Phone 530 587-3896 Fax 530 587- 1189