HomeMy WebLinkAboutAgenda Truckee Donner Public Utility District
Post Office Box 309 • 11570 Donner Pass Road •Truckee, California 95734
(916) 587-3896
REGULAR MEETING
Monday - October 3, 1983
_ 7:00 P.M. - TDPUD Board Room
A G E N D A
1. Call to order
2. Roll call
3. Approval of minutes:
a) August 15, 1983
b) August 25, 1983; Board direction
4. Statement of General fund and bills for approval
5. Manager's report
6. Planning Department notices
7. Consultant reports
8. Public input
9. Written and oral communications
10. Committee reports
CLOSED. SESSION
1. Discussion of personnel and -legal matters
RETURN TO PUBLIC SESSION
1. Possible action resulting from closed session
SPECIAL BUSINESS
1. Request of James M. Ward to discuss his job performance
UNFINISHED BUSINESS
I. Consideration of resolution authorizing AT&T telephone system lease
2. Consideration of resolution amending policy (pertaining to billing) - possible
action
3. Authorization to advertise and fill established Meter Reader position
4. Water system improvements - Project 83-1, Schedules C and D (Southside and
Wells A & B) Engineer's recommendation and possible award of bids
5. Request of Mickelson Media, Inc. for transfer of pole attachment agreement
to Weststar Communications - consideration of authorizing resolution
6. Consideration of resolution approving plans and specifications and authorizing
execution of development agreement with Loftis
NEW BUSINESS
1. Substation grading and paving - consideration and possible approval of
progress payment No. 1
2. Project 83-1 - water system improvements - request of Joe Suter to extend
completion date
3. Hirschdale annexation - authorization to schedule public hearing to conclude
proceedings (8:00 P.M. - 11/7/83)
4. Consideration of resolution accepting easement from George E. Mein - Donner
Lake Substation
41
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TO: Board of Directors, Truckee Dqn
FROM: James M. Ward
DATE: October 3 , 1983
REQUEST
1. I respectfully request that I be reins a posi-
tion of Manager without interruption of pay from September 26,
1983;
2. I respectfully request that all tapes of Board meetings
commencing January 1 , 1983 to the present be preserved and/or
turned over to District legal counsel. These tapes are requir-
ed for protection of my legal rights.
RESPONSE TO ORAL ACCUSATIONS
I hereby respond to the oral accusations made against me by
directors Corbett, Kuttle and VanLandingham as follows:
Public Utility Code Section 16114 sets forth the duties of a
general manager of a utility district. The code requires
that the manager report to the Board in accordance with rules
and regulations adopted by the Board.
This district in 1972 adopted Resolution 7204 which estab-
lished not only a "Flow of Authority" but spelled out the
responsibilities of the manager which included hiring, super-
vising and termination of employees. The resolution also
required that the manager exercise independent judgment in
executing the responsibilities of his position.
These were the policies, standards and guidelines under which
I was hired and expected to perform. On March 7, 1983 I
received a management performance review and the Board stated
it was pleased with my performance. I received a vote of
confidence on April 14 , 1983.
The vote of confidence was given after a meeting in closed
session with the Board where my residence with Roberta Huber
was fully disclosed and discussed. At this meeting it became
clear that Director Kuttle's objections were based on a feel-
ing that Roberta Huber had belittled him. At that time I
asked if my resignation was sought. The answer was no.
On April 4 , 1983 discussion commenced on changing Resolution
7204 , with the reading by director Corbett of a letter from
Mr. Dale Ferrier. I believe this letter was prompted by
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Mr. Ferrier' s complaints he had not been awarded the Vehicle
Maintenance Contract and my response stating the reasons
why, all of which are part of the official records of the
Board.
On June 6, 1983 the Board, by motion, rescinded resolution
7204. To date nothing has been adopted in its place, and
the district and the manager have been acting without policy
guidelines since that date.
After this Board action, and even before, there has been '
continuing conduct by individual Board me ers w is in my
opinion has created low em to ee morale, undermined manage-
ment, and caused a breakdown in communication of which
Directors Corbett, VanLan ing am and Kutt a now complain.
The following are 'specific examples of this conduct:
1. Mr. Corbett has on a continuing basis interfered almost
daily in district business operations by:
(a) Discussing district policy and procedures with customers
when in the building, rather than referring them to district
personnel who are employed to handle the problems of. customers.
This undermines employee self-confidence, and creates confusion
with employees and the public;
(b) Conversing with employees inviting and stating criticism
of management decisions, which destroys mutual trust between
employees and management;
(c) Stating Board positions on issues to other utilities
without prior Board approval or adoption;
(d) Interfering with normal procedure set forth under the
MOU with the union in handling of employee grievances;
(e) Discussing district legal matters with other districts
without Board approval or legal counsel present;
(f) Engaging in direct discussions with district employees
on district construction projects which would create extra
costs and employee confusion.
2. Director Kuttle has on a continuing basis interfered
with management activity and district business operation.
Specific examples are as follows:
(a) Criticizing the manager for cancelling a meeting with
the Donner Lake Committee for improved water service even
though it was explained to him that holding such a meeting
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r
would have not complied with requirements of the Public
Utilities Code;
(b) Directly ordering water district employees to do work
- without prior advice or consultation with management;
(c) Providing misinformation to the public and interfering
with district investigation and public relations concerning
a water problem;
(d) Imposing his personal opinions and requests on the man-
agement regarding competence, ability and appearance of employees.
3. Director VanLandingham has on a continuing basis interfered
with District business operations. Specific examples are as
follows:
(a) Attending an arbitration hearing, which in my opinion,
placed a chilling effect on district employees testifying on
behalf of the district;
(b) Publicly stating a disregard of district policy and
governmental procedures;
(c) Interfering with work activity of district employees by
undue consumption of employee time discussing their activity;
(d) Publicly criticizing management for not holding a meeting
which would not have been in compliance with the Public Utility
Code;
(e) Imposing personal requests and opinions as to individual
employees on management regarding their ability and competence.
In further response to the allegations made by directors
Corbett, Ruttle and VanLandingham I state the following:
1. I am totally unaware of any conflict of interest created
by exercising my first amendment right to seek and serve as
a member of the cemetery district board or the airport board,
and this Board has not specified any alleged conflict of
interest, nor has any prior notice of any alleged conflict
been given.
2. I have accomplished a number of projects for the district
in addition to my regular and expected duties of engineer-
ing, supervision and management. Among those projects are
the following:
(a) Resolving the billing cycle problem;
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J/
(b) Reducing external engineering and consulting costs;
(c) Completing a water rate analysis and projected develop-
ment plan;
(d) Developed a plan for improvement of electrical distribu-
tion systems;
(e) Project managed the Mardis Valley substation contract
and established a financial plan for payment;
(f) Created the summer youth employment project which has
been greatly successful and publicly endorsed by Mr. Corbett;
(g) Created new billing procedures creating a steady cashflow
for the district and reducing customer complaints, and reducing
non-paid accounts;
(h) Reduced money owed district from developers by approximately
$20,000;
(1) Established a planned yearly work program for both electrical
and water departments;
(j) Established an open door policy for employees and the
public;
(k) Started an apprentice program for in service career
training;
(1) Established an equipment replacement program for the
district;
(m) Established a customer service public relations position
for the public.
I have given my most sincere efforts to the District in the
performance of my duties and I believe the accusations made
against me are untrue and without foundation.
I deny that I have failed to communicate with the Board or
employees. I have kept the Board fully apprised of all matters
under the guidelines pursuant to which I was hired.
The letter of which Mr. Corbett claims he was not copied was
a letter legal opinion from Board Counsel on a sensitive
potential personnel and legal problem which had not occurred,
but which I anticipated might occur and which has in fact
occurred since my suspension. I am informed that Mr. VanLandingham
has made decisions as 'interim manager' relating to that
problem which in my opinion could have an adverse effect
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on the district. Without consent of district counsel, I am
unwilling to expand on this issue in public.
The Board, at the time Mr. Corbett raised this issue, had
not yet received my report because my investigation had not
yet been completed so a report could be given.
The medical insurance dispute is basically a difference of
opinion between myself and Mr. VanLandingham over what medical
programs are available and, which would provide the most
employee benefits at least cost. I believe it my duty as
Manager to provide the Board with as many alternatives as
possible, and not just the plan used by the North Tahoe POD
which is promoted by Mr. VanLandingham.
In conclusion, I respectfully submit that it is not proper
for Board dissatisfaction to be based on situations for
which I am not responsible, and which have been created by
conduct of individual Board members. My suspension or termina-
tion on such a basis is not in good faith or fair dealing.
I was employed by the Board with the expectation by the
Board and myself that my continued employment as manager
would exist so long as my performance was satisfactory.
Implicit was the understanding that I would not be
terminated without good cause. My suspension has been
without good cause.
Respectfully,
James M. Ward
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N'OTICE OF Is?` r,.C .", RL A+1r 13 1 .Z'.LL Ir7'iTIGt
The nar,e -c title of the officer sought to be recalled are s
John L. Corbett , Director of the Truck e Donner Public Utility District.
The reasons for the proposed recall are s
1. John L. Corbett is incompetent to serve as a director
as demonstrated by his actions .
2. John L. Corbett as an individual director has interferred
in the management of the District contrary to board policy and state law.
3. John L. Corbett has used his position as a director for
personal gain.
4. John L. Corbett has demonstrated his inability to understand
his role as an elected official.
5. John L. Corbett has used his position as President of the
Board to establish board policy without proper authorization.
6. John L. Corbett has waisted staff and consultant time
and the public 's money by his inability tc conduct PUD board' inee'tings
In a timely and efficient manner.
ProUo=nt si nature Name (printed) Street address City
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Within seven days after the filing of the notice of intention,
the officer sought to be recalled may file with the clerk, or in the
case of a state officer, the Secretary of State , an answer, in not
more than 200 words , to the statement of the proponents . If an answer
is filed , the officer shall also serve a copy of it, personally or by
certified mail, on one of the proponents named in the notice of intention.
d 5�
DATE: October 3, 1983
TO: Truckee Donner P.U.D. Board Members
FROM: Dan Rehko p Ni, ��•
���
SUBJ: ! Recall of John Corbett
Board Members
I think that the district has developed some serious problems in
the past nine months, among- them; the release of Jim Ward, th-e ---
explained resignation of Jim Hamilton, the appointment of certain
board members to the position of manager, the obvious descent among
the "ard members, and above all, the lack of cohesion among the em-
ploye0s, the board members , and the entire district (which cannot be
permitted) .
The time has come to initiate a program to correct these deficien-
cies before the inevitable happens , the sell out to Sierra Pacific
Power, which would be a great loss to the people of the Truckee area.
The first step I am taking, as a candidate for the upcoming board
election ,. is to withdraw from the campaign and_give my total support
to Martin Duffy, also a candidate for the board. This step is neces-
sary in light of the fact that Mr. Van Landingham must not be re-elec-
ted. If myself and Mr. Duffy were both to run, we would certainly
split the vote and Mr. Van Landingham would most likely be re-elected,
which would be very detrimental.
The. second step is to support the election of a board that is pro-
gressi{ve, responsible , and above all, has a camaraderie with the com-
munity. The board is a public position of authority and the members
trust never Forget that they answer to the public .
Mr. Corbett is not up for re-election this term, however, his eli-
minat4on from the board is essential to this end. Therefore, Mr. Cor-
bett, I am serving you this notice of intent to recall. Also, for the
record, Mr. Van Landingham and Mr. Kuttle would have their notices of
recall in front of them now if it were not for the upcoming election.
ThankIIjyou gentlemen.
Dan Rehkop
i
DR/lr '
cc : Sierra Sun
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
STATEMENT OF GENERAL FUND - September 29, 1983
Bank Balance - August 31 , 1983 $ 34,883.46
�- Electric Revenue 361 ,457.18
Water Revenue 54,010.85
Electric Connection Fees 9,268.00
Water Connection Fees 6,925.00
Facilities Fees 36,739.00
Miscellaneous Billings Revenue 15,708.75
Miscellaneous Revenue - insurance claim payment,
payment by customer write-off, water permit, misc. contract
work, developer fees 18,726.33
Transfer from LAIF 410,000.00
Sierra Pacific Power Co. refund 100,048.58 $ 1 ,047,767.15
Approved Billings $ 393,444.96
Less: Addtl discounts ( 2.31 ) $393,442.65
Cal . Dept. Motor Vehicles - sales tax on trailer 378.00
Capitol Plaza Holiday - S. Craig lodging for seminar 171 .60
Craig, Susan - expenses for seminar 121 .00
Damage claim payments 966.18
Directors - board meeting attendance 1 ,000.00
Employment Development Dept. - SDI and personal
income tax withheld deposit 2,305.71
Employee meals 616.00
Employee telephone - linemen 20.96
Harker & Harker - progress payment on line work 66,543.75
I.B.E.W. - union dues 223.70
Intermountain Asphalt - retension payment 171 .00
Placer Credit Union - employee deductions 370.00
Refunds : Line extensions 135.31
Social Security Division - FICA deposit 8,292.12
Truckee River Bank - fed. tax deposit $ 7,331 .30
- LAIF deposit 465,000.00
- computer payment 2,569.80
- line truck loan 831 .92 475,733.02
U.S. Postmaster - postage permit #1 500.00
- stamps 100.00 600.00
West River Street Assessment District - temporary loan 12,000.00 ( 973,242.66)
PAYROLL Net
9-2-83 23,014.78
9-16-83 22,813.11 ( 56,827.89)
Bank Balance - September 29, 1983 28,696.60
Bills for Board Approval - see attached ( 405,400.89)
Bank Balance after payment of above
( 376,704.29)
LAIF transfer to cover above bills 377,000.00
Balance after above transfer 295.71
General Fund Balance in LAIF and Public Time Deposits
is $ 3315,437.52 after above transfer
3 � }
Bills for Board Approval - Oct. 3, 1983 Total Electric Water General Description
Ace Hardware 12.47 12.47 Cleaning supplies
Airsignal, MCI 16.00 16.00 Radio service for 9/83
Alpha Hardware Co. 186.99 186.99 Shovels
Allied Automotive 17.60 17.60 Misc. vehicle parts
4 Allied Petroleum Co., Inc. 655.61 655.61 Gasoline
r Blue Corss of No. Calif. 5,988.34 5,988.34 Insurance for 10/83
Andrew R. Cassano 11.50 11.50 Easement descriptions
Cleveland Cotton Products 107.09 107.09 Rags
Cook Associates 2,374.04 92.60 2,281.44 Consulting services for 9/83
Credit Bureau of Tahoe Truckee 12.00 12.00 Dues for 9/83
Dataprint 28.16 28.16 Blueprint paper
Digital Equipment 1 ,153.50 1 ,153.50 Maint. for 9/83 and install new cable
Digital Systems 2,162.38 2,162.38 License and consultation for 9/83
Digital Systems 439.00 439.00 Annual user conference fees for
M. Chapman
Farmer Bros. Co. 41.87 41.87 Coffee, tea, etc.
General Electric Supply 11 ,916.57 11 ,916.57 Wire connectors, braces, bushings,
I crossarms
Graybar Electric Co. 182.96 182.96 Connectors, tape
James Hansen & Assoc. .2,031.20 2,031.20 Consulting services for 9/83
Harker & Harker, Inc. 24,313.80 24,313.80 McDonald's, Martis Valley, Donner
Lake electric sub work
Hartford Life Insurance Co. 3,813.00 3,813.00 Insurance for 9/83
High Country Answering Service 63.75 63.75 Answering service for 10/83
House of Printing, Inc. 199.16 199.16 Office supplies
Inmac 62.11 62.11 Office supplies
Inter County Title Co. 100.00 100.00 Maps and records
Jones - West Ford 608.02 608.02 Truck liner
Long's Drug Store 24.39 24.39 Supplies for inventory
McDonough, Holland & Allen 33.83 33.83 Consultant fees, 9/83
Maydwell & Hartzell , Inc. 40.82 40.82 Mechanical tools
! Met-Chem Engineering 1 ,119.00 134.00 985.00 Consultant fees
Mid Sierra Truck & Tractor 1,883.50 1 ,883.50 Vehicle repairs
Mosler Safe Co. 189.74 189.74 Office supplies
Mountain Hardware 417.42 417.42 Misc. hardware, etc.
Total Electric Water General Description
Nevada Communications & Equip. 55.56 55.56 Fuses
Nevada Safety & Supply 96.54 96.54 Blase cone
North Lake Auto Parts 445.98 445.98 Auto parts & supplies
PMI Materials 190.80 190.80 Pipe, meter couplings
Pacific Telephone 1 ,194.70 457.23 737.47 Telephone and telemetry for 9/83
Ralphs' Auto Body 572.73 572.73 Repair Chevy Luv, unit #1
Raymond Vail & Associates 1 ,361.00 1 ,361 .00 Substation site plans, District
survey
Record Supply Company 4,026.39 4,026.39 Couplings, pipe, bolts
Siri Office Supply 358.19 358.19 Office supplies
Safety Line, Inc. 199.93 199.93 Hydraulic cutter
Sierra Chemical Co. 47.63 47.63 Sodium hypochlorite
Sierra Sun 60.00 60.00 Advertisement
Standard Insurance 1 ,103.47 1 ,103.47 Life insurance/disability for 10/83
Standard Register Co. 231.08 231.08 Repairs on burster
Teddy Bear Havas Motors 80.68 80.68 Subaru Repair
Sun Printing 47.54 47.54 Supplies for office
Sierra Pacific Power Co. 292,476.92 292,476.92 Purchased power for 8/83
T & T Engineering 28.32 28.32 Shop parts
T.T.S.A. 469.37 469.37 Maint/operations for sewage disposal
T.T.S.A. 334.50 334.50 Water sampling, 8/83
Taylor Tire Shop 25.50 25.50 Vehicle maintenance
Tahoe Office Supply 2,077.39 2,077.39 Office supplies
Tahoe Truckee Supply Co. 66.13 66.13 Couplings, ells, pvc
Tenco 62.45 62.45 Filters
Tippecanoe Press 37.15 37.15 Office supplies
Truckee Heating & Sheet Metal 115.28 115.28 Pans for hot stick trailer
Truckee Tahoe Lumber Co. 86.79 86.79 Maintenance supplies
Truckee Travel 419.00 419.00 Round trip to Columbia, S.C.
U.S. Rentals 2,667.25 2,667.25 Back hoe rental
United Parcel Service 21.16 21.16 Service for 9/83
Universal Safety & Fire Equip 27.87 27.87 Rags and coveralls
Utilities Telecommunications 70.00 70.00 Annual dues
Weaver Equipment 36.57 36.57 Technical book
Wedco, Inc. 35,019.50 35,019.50 Various electrical supplies
Western Hardware & Tool 148.85 148.85 Gloves
Withrow Oxygen Service 61.00 61.00 Cylinder service
Red Star Industrial Service 689.85 689.85 Linen service for 9/83
Tahoe Truckee Disposal 182.00 182.00 Trash disposal for 9/83
Totals of Above 405,400.89 366,201.73 6,152.65 33,046.51
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