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HomeMy WebLinkAbout1982-05-03 Min - Board REGULAR MEETING May 3, 1982 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Maass at 7:02 P.M. in the TDPUD Board room. ROLL CALL: Directors Corbett, Huber, Kuttel, Monson and Maass were present. 1 EMPLOYEES PRESENT: James Ward and Susan Craig were present. Merrilyn Marsh arrived during discussion of new business items; Joe Straub was present when the Board returned from closed session. CONSULTANTS PRESENT: District Counsel Simon and District Engineer Cook were present. OTHERS PRESENT: Denise Mussiter and L. Martin Duffy were present in the audience. APPROVAL OF THE MINUTES Director Huber moved, and Director Kuttel seconded, that the Board accept the minutes of March 15 and 22, 1982, in final form. ROLL CALL: all Directors, aye. SO MOVED. Director Huber moved, and Director Kuttel seconded, that the minutes of April 5 and 8, 1982, be prepared in final form as drafted. ROLL CALL: all Directors, aye. SO MOVED. STATEMENT OF GENERAL FUND - BILLS FOR BOARD APPROVAL The Board briefly discussed the District's present financial situa- tion and reviewed the Statement of General Fund prepared April 29, 1982. Assistant Manager Ward mentioned that payment to Walter Jellin for damage caused by low voltage should be sustained by the District as the District was at fault in this instance. It was determined that this would not set a precedent for payment of ether claims received by the District, as each claim is evaluated on its own merits. After some discussion, Director Corbett moved that the bills present- ed be approved for payment as soon as funds are available. The motion was seconded by Director Huber. ROLL CALL: all Directors, aye. SO MOVED. The Board considered miscellaneous transfers requested by staff and, there,fter Director Huber moved that $4,996.44 (WO1725B- purchase and in- stallation of 40 hp Soma Sierra pump) be transferred from the Tahoe Don- ner $40 per lot restricted fund to the General Fund; that $2,389.24 (WO81- 104B - Cla-Val at Donner Trails) be transferred from the Tahoe Donner $40 per lot restricted fund to the General Fund; that $33,130.80 (Project 81-1) be transferred from the Tahoe Donner $40 per lot restricted fund to the General Fund; that $6,816.67 (WO1726B - Soma Sierra pump conversion) be transferred from the Tahoe Donner $40 per lot restricted fund to the Gen- eral Fund. Director Corbett seconded the motion. ROLL CALL: all Direc- tors, aye. SO MOVED. Director Huber moved, and Director Kuttel seconded, that the Board ' authorize the transfer of $20,804.01 from the Sierra Pacific Power Com- pany/Donner Lake Acquisition restricted fund to the Martis Valley Sub- station restricted fund. ROLL CALL: all Directors, aye. SO MOVED. With respect to the Donner Lake Acquisition, consideration of a resolution accepting the reconveyance is to be placed on the agenda when appropriate. Assistant Manager Ward will advise the Board of the neces- sary procedures. COMMITTEE REPORTS Electric Committee Regarding financing of the Martis Valley Substation, Director Huber advised that she has provided Mr. Ward with the names of two municipal 5/3/82 pg. 1 leasing companies. MANAGER'S REPORT Assistant Manager Ward had nothing to report at this time. PROJECT 79-1 - STATUS REPORT - POSSIBLE ACTION AND/OR DIRECTION District Engineer Cook noted that a meeting with Charles Phillips, the attorney representing the bonding company on Project 79-1, has been set for 10:00 A.M., May 6th at the District office. Mr. Phillips will personally , view the punch list items of work remaining and possibly make assignments for the completion of the project. All suppliers and subcontractors have been notified. Mr. Cook advised that the District has received a cancella- tion notice from Commercial Union Insurance Company; the bonding company has been notified that either they or Knudsen are required to reinstate the policy. The Board directed that the District's insurance company be notified to fill any lapse that may occur. Mr. Cook further mentioned a letter from Mountain Electric, subcontractor on Project 79-1, that indicates that company and the bonding company have reach- ed tentative agreement respecting payment of 30% of the amount due Mountain Elec- tric. WAPA POWER ALLOCATION - STATUS REPORT - POSSIBLE ACTION AND/OR DIRECTION The Assistant Manager noted that negotiations with Sierra Pacific Power for wheeling the two megawatts of power allocated to the District by the Western Area Power Administration will probably take four months to a year. BOCA-PROSSER HYDROELECTRIC PROJECTS - POSSIBLE ACTION AND/OR DIRECTION President Maass reported that the Assistant Manager is presently taking steps to initiate contact with the Tribal Council respecting water rights. MARTIS VALLEY SUBSTATION AND FEEDER SYSTEM - DISCUSSION =POSSIBLE DIRECTION Mr. Ward advised that, as yet, the District has not had a response from Harker & Harker with respect to the District's notice to proceed with con- struction of the Martis Valley Substation. The recommendation regarding substation financing was reviewed; Mr. Ward noted that the Sierra Pacific refund was not taken into consideration when the recommendation was made. The Board decided to delay increasing the monthly deposit to the reserve account to $50,000 per month until after the SPPCo re- fund has been received and the financial situation has been again reviewed. Some discussion ensued regarding who would be responsible for inspection of the substation construction. ELECTRIC AND WATER BUDGETS FOR 1982 - STATUS REPORT President Maass advised that a public hearing to consider the Electric and Water Budgets for 1982 has been scheduled for 7:30 P.M. at the next reg- ular meeting, May 17th. SPPCo RATE INCREASE --CONSIDERATION OF LETTER OF AGREEMENT - POSSIBLE APPROVAL The Chairman reported that, according to Special Counsel McDonough's letter, he has spoken with John Springer of R. W. Beck and Associates, and they both find the letter of agreement to be in order and recommend approval by the Board. After appropriate review, Director Corbett moved that the Board President be authorized to execute the SPPCo letter of intent con- cerning settlement of the rate case dated April 8, 1982. Director Huber seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. President Maass noted that Dan Speir of Sierra Pacific has indicated his support in the District's negotiations for wheeling the two megawatt power allocation granted by WAPA. 5/3/82 pg. 2 CONSIDERATION OF HILLTOP DEVELOPMENT AGREEMENT - POSSIBLE ACTION Since District Counsel Simon has not as yet had a response from Fred- erick Kohler's attorney regarding the proposed development agreement, the Board directed that he write and inform Mr. Kohler that the matter will be considered at the May 17th meeting. A draft incorporating Mr. Kohler's suggested changes should be available for Board review prior to that time. CONSIDERATION OF RESOLUTION RESCINDING RESOLUTION NO. 8210 AND ADOPTING AMENDED CIVIL SERVICE;DISCIPLINARY ACTION PROCEDURE ' District Counsel advised that the meet and confer process with the Union regarding the civil service and disciplinary action procedure has been completed, and agreed upon amendments have been incorporated into the draft presently before the Board. He indicated Special Counsel Phelps has recommended adoption. Director Corbett moved, and Director Kuttel seconded, that the Board adopt Resolution No. 8222 rescinding Resolution No. 8210 regarding suspen- sion and/or termination of employees and adopting a revised procedure re- garding suspension and/or termination of employees. ROLL CALL: all Direc- tors, aye. SO MOVED. CONSIDERATION OF POSSIBLE FURTHER DISCIPLINARY ACTION AGAINST MERRILYN MARSH Respecting disciplinary action against Merrilyn Marsh, PUD employee currently on suspension with pay, Assistant Manager Ward recommended that previous action be upheld. He further recommended that the Board allow Ms. Marsh to submit a letter of resignation if she desires; if not, he suggest- ed the same members be appointed to the Review Board - Roberta Huber, Ron Monson and Betsy Wilson. Mr. Ward indicated that, in accordance with the disciplinary procedure, names would be supplied to Ms. Marsh in order for her to select an unaffiliated member of the Review Panel. Mr. Ward also noted that charges against Merrilyn Marsh during her entire employment with the District would be reviewed at the hearing. The Assistant Manager ad- vised that a letter of actiun to Ms. Marsh would be prepared May 4th and will be mailed registered mail if Ms. Marsh does not wish to personally pick up such letter. CONSIDERATION OF LATRELL CROSBY'S PROPOSAL; POSSIBLE DIRECTION The Board examined Mr. Ward's recommendation for an exchange of ease- ments for a waiver of water connection fees in respect to the Crosby matter, and District Engineer Cook reviewed past procedures utilized by the District. It was noted that the Crosby lots lie within Placer County and well permits are available; annexation proceedings would be required to include the prop- erty within the District's boundaries. After some discussion, from which Director Monson excluded himself be- cause of a possible conflict of interest, the Board agreed not to take any action until the property owner formally requests annexation of the property to the District. Mr. Ward was directed to advise the Crosbys of the Dis- trict's interest in the exchange proposal, and of the necessary annexation. REQUEST OF JEROME YOUNG RESPECTING DEPOSIT POLICY - POSSIBLE DIRECTION Jerome Young's request for return of his service deposit was considered by the Board. After some discussion relating to established District policy, the transient nature of the community, past collection problems, and the cost of providing each new customer with a credit-check, Pirector Corbett ;roved that the President be directed to write a tactful letter to Mr. Young stating that, although he does indeed appear to have an excellent credit rating, his request has been denied by the Board. Director Monson seconded the motion. ALL AYE BY VOICE VOTE. SO MOVED. CONSIDERATION OF RESOLUTION ESTABLISHING DEPOSIT SCHEDULE FOR PROJECT_ RE_VI_EW, INSPECTION AND OTHER RELATED SERVICES; POSSIBLE ADOPTION The Board reviewed the draft resolution and project review and inspec- tion deposit schedule. The Chairman noted that, up to this point, there has been no resolution addressing the issue; District staff has been working under a motion made by the Board several years ago. The schedule proposed indicates .; deposit of $750 will be required of a project proponent to defray the cost of review by staff, legal consultant and engineering consultant, rather than the $500 which is presently collected. 5/3/82 pg.. 3 Director Corbett moved, and Director Huber seconded, that the Board adopt Resolution No. 8223 establishing a deposit schedule for project re- view, inspection and other related services. ROLL CALL: all Directors, aye. SO MOVED. District Counsel and the Assistant Manager were directed by the Board to prepare a letter for distribution to project proponents explaining how their deposit would be applied. CONSIDERATION AND POSSIBLE APPROVAL OF SEASONAL WORK HOUR CHANGE ' Assistant Manager Ward indicated his approval of the summer hour change - 7:00 A.M. to 3:30 P.M. for the outside crews, and 7:00 A.M. to 4:00 P.M. for the office employees - and advised that appropriate staff would maintain regular hours in order to keep the warehouse and office open until 5.00 P.M. After some discussion, Director Corbett moved that, as long as the office hours remain from 8:00 to 5:00 and there is no problem with acceptance of equipment, supply or material deliveries, the employees be authorized to change working hours for the summer months. Director Huber seconded the motion. ALL AYE BY VOICE VOTE. SO MOVED. ENGINEER'S REPORT Airport Well District Engineer Cook reported that Mountain Electric and Avery Engineer- ing, prior to installation of the recently rewound Airport Well motor, discover- ed a short. Upon placing a call to the manufacturer, advice was given to install the motor. Shortly thereafter, the motor burned itself out. Mr. Cook has made arrangements for the motor to be replaced by the manufacturer, rather than re- paired, at no cost to the District. The new motor should be delivered and ready for installation on May 5th. ACCEPTANCE OF DIRECTOR MONSON'S RESIGNATION Director Corbett moved that the Board accept, with regret, Director Monson's resignation effective May 31st. Director Huber seconded the motion. ROLL CALL: Monson, abstain; all other Directors, aye. SO MOVED. DISTRICT COUNSEL'S REPORT Review of procedure for appointment of new Director District Counsel Simon's opinion regarding the proper procedure for filling a Board vacancy, either by appointment by the remaining Board mem- bers or by the scheduling of a special election, was examined by the Board. Director Corbett moved, and Director Huber seconded, that the Board appoint a new Director to fill the vacancy created by Director Monson's resignation, that appropriate advertising be done, that interviewing of prospective candidates commence on June 7th, and that letters of interest be accepted up until 5:00 P.M. on June 3rd. ROLL CALL: all Directors, aye. SO MOVED. CORRESPONDENCE City of Santa Clara Mr. Ward advised the Board of correspondence directed to the FERC by the City of Santa Clara requesting reconsideration by the Commission of an appli- cation for preliminary permit for development of Stampede Dam. It was his suggestion that the District also request reconsideration of its application. The Board was in agreement, and Director Corbett moved that the Board direct Mr. Ward to prepare a letter of request to the Federal Energy Regulatory Com- mission with respect to Stampede Dam hydroelectric development for the Pres- ident's signature. Director Kuttel seconded the motion. ALL AYE BY VOICE VOTE. SO MOVED. Crawford_& Co an The letter to the District from Crawford and Company having to do with the Robert McCarthy claim was mentioned. District Counsel advised the Board 5/3/81 pg. 4 he would discuss the matter with them during closed session. Cook/Ward correspondence District Engineer Cook's letter regarding the Electric and Water Budgets for 1982 and Mr. Ward's response were mentioned. Mr. Ward stated he and Mr. Cook would be discussing the matter further. PLANNING DEPARTMENT NOTICES ' Warren Young Director Corbett made note of proposed development by Warren Young of a parcel located on the corner of Highway 89 and Interstate 80. Mr. Young noted the possibility of constructi a government center, and asked Director Cor- bett to solicit input from the PUD as to any interest in participating. The possibility of a land exchange involving the PUD 1.9 acre parcel on the corner of Highway 89 and Donner Pass Road was briefly discussed. The Board directed that discussion regarding possible sale, exchange or lease of the 1.9 acre parcel and other parcels owned by the District be placed on the May 17th meet- ing agenda. General Plan - rezoning With respect to the joint Chamber/Merchants meeting scheduled for May 4th, at which the Planning Commission, Board of Supervisors and Department of Public Works will be represented, the Board, by consensus, authorized Director Kuttel to attend and represent the District. Director Huber noted that she would also be attending the meeting. Of special concern to the Dis- trict is the protection of the water quality in the Martis Valley area, and since a major water supply and the new substation are located on the south side of the river while the District office, equipment and crews are located on the north side of the river, a second river crossing. A letter is to be prepared by the secretary for the President's signature authorizing Director Kuttel to speak on behalf of the District. Building remodeling The Board asked that consideration of Mr. Ward's proposal for remodeling to provide Engineering work space be placed on the May 17th agenda. CLOSED SESSION President Maass adjourned the meeting to closed session at 8:42 P.M. RETURN TO PUBLIC SESSION The meeting was returned to public session at 9:17 P.M. The Chairman advised that a water trespass problem on the southside and potential legal ramifications, status of on-going litigation, the Roen case, the Crawford letter, and personnel matters were discussed during closed session. ADJOURNMENT There being no further business before the Board, the meeting was ad- journed at 9:18 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT - Js A. Maass, President Susan M. Craig, 6eputyAristrict Clerk S/3/62 pq. 5