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02-21-08 ~ SOUTH TAHOE PUBLIC UTILITY DISTRICT IIBasic Services for a Complex World" Richard Solbriw, General Manaier Mary Lou Mosbacher, President BOARD MEMBERS Paul Sciuto, Assistant Mana~er Dale Rise, Vice President James R. Jones, Director EricW. Schafer., Director ., Ernie Claudio, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 21, 2008 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, February 21, 2008, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, California. \., BOARD OF DIRECTORS: President Mosbacher, Directors Schafer, Rise, Claudio. ATTENDEES Director Jones was excused. STAFF: Sol brig, Sharp, Henderson, Cullen, Hammond, Bird, W. Stanley, R. Johnson, Hussmann, Ryan, Coyner, Nolan, Curtis, Hoggatt, Pinkel, Cocking, Attorney K vistad. GUEST: John Runnels. Ross Johnson led the pledge to the flag. PLEDGE OF ALLlGIANCE Moved Schafer / Second Rise / Jones Excused / Passed CONSENT CALENDAR to approve the Consent Calendar as submitted: a. Liability Claim Against STPUD Received from Melody Martinez - Rejected claim; ~ b. Intergovernmental Agreement with Alpine County- (1) Authorized the Chief Financial Officer to notify the County of Alpine (County) of its intention to extend the Intergovernmental Agreement Providing for Grant Coordinator Services by the South Tahoe Public Utility District for the County; REGULAR BOARD MEETING MINUTES - FEBRUARY 21,2008 PAGE - 2 \., (2) Authorized the Chief Financial Officer to negotiate an update to Attachment A of the agree- ment with the County and the Grant Coordinator; and (3) Authorized the Board President to sign the extended agreement; c. Customer Service, Operations & Laboratory Facility Landscaping Plan - (1) Approved the Project Close- out Agreement and Release of Claims for Aspen Hollow Nursery; and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk; d. Approved Regular Meeting Minutes: January 1 7, 2008. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION The purpose of this Ordinance is to adopt certain amendments and additions to the Administrative Code regarding the District's authority to levy fines on an escalating basis for violations of the District's Ordinances, rules or regulations regarding either water or sewer work or connection(s). \r Currently, District staff (inspections, underground repair) has no ability to fine property owners who do not adhere to a correction notice issued to them to correct water and/or sewer violations. District staff can disconnect water and/or sewer services, but staff considers the disconnection process as a last resort. Having the ability to issue escalating fines will provide the District with an alternative mechanism through which to protect the public safety. Fines would be added to the customer's quarterly bill. Lisa Coyner and Cuz Cullen reported the District does not fully exercise the right to disconnect water and sewer services to a home when a correction notice is ignored out of concern for the residents in the home. Disconnecting service means the occupants would have to vacate the residence since Department of Health laws will not allow occupancy without sewer and/or water service. If customers know the District has the ability to fine, they would be more likely to correct the violation and avoid the fine process altogether. ~ A lengthy discussion took place that covered: the current correction notice and disconnection procedures, the reasons why this ability is beneficial to the District and its customers, the need to clarify the escalating fining schedule, the fact that ignoring correction FINING AUTHORITY REGULAR BOARD MEETING MINUTES - FEBRUARY 21, 2008 PAGE - 3 ~ notices puts the entire water system at risk of contamination from backflow devices, the public's perception of additional regulations, the percentage of sewer versus water customers who have correction notices issued to them, the administrative costs and savings to implement the ordinance, the need to treat violators consistently according to the severity of each fine, and staff's discretion to determine the scope of the violation and whether to issue a fine at all. Moved Rise / Second Claudio / Jones Excused / Passed to enact Ordinance No. 503-08 as written, providing additional fining authority pursuant to Government Code Section 53069.4; and directed staff to revisit the Ordinance with the Board if higher fining authorization is needed in order to protect the District's systems. ~ Per discussions that took place when the Finance Committee met to discuss the budget, engineering staff has looked at the feasibility of hiring a new Junior Engineer for the 2008 construction season. The addition of an engineer was to mitigate what the District spends on consultant inspectors during the building season. With the current project work- load, the District will potentially need to hire two outside inspectors from May through October 2008. Based on the projected 10-Year Capital Improvement Plan (CIP), the need for two outside inspectors would not diminish, but could be reduced by one by hiring an additional engineer. There is a lot of extra work this position could be responsible for during the winter months. The District will not be able to entirely eliminate the need for consultant services with a new hire due to the ongoing need of materials and testing services by a certified lab. In addition, in some years the number of projects in the CIP would mandate the need for four inspectors. Therefore, at times an additional outside inspector will need to be hired. The recruitment would be predicated on the new position being a field inspector from May through November for at least a four year period. The proposed salary is based on a survey of comparable agencies. Moved Schafer / Second Claudio / Jones Excused / Passed to authorize staff to advertise for a Junior/ Assistant Engineer. \.. FINING AUTHORITY (continued) STAFFING - JUNIOR / ASSISTANT ENGINEER REGULAR BOARD MEETING MINUTES - FEBRUARY 21,2008 PAGE - 4 6. An inspector is needed to provide construction inspection for the final pump station and to perform materials testing for all projects for the time period between March to October 2008. Jim Hoggatt reported the previous Board action eliminated the need to contract for a second inspector. The Board discussed travel time included in the contract, the feasibility of using a courier for delivering testing samples, and doing testing in- house. There are strict procedures that must be followed, and tests must be performed by a lab that is certified to do those specific types of tests as an objective party. 2008 CONSTRUCTION INSPECTION AND MATERIAL TESTING Moved Schafer / Second Claudio / Jones Excused / Passed to approve proposal from Stantec Consulting, Inc., to provide one construction inspector and per- form all materials testing in the amount of $210,000. Moved Schafer / Second Rise / Jones Excused / Passed PA YMENT OF CLAIMS to approve payment in the amount of $685,916.08. \" Water and Wastewater Operations Committee: The meeting scheduled for February 19 was cancelled. Executiye Committee: The committee met to discuss proYisions of the general manager's employment contract. 3:20 - 3:35 P.M. Directors Jones and Rise, Dennis Cocking, and Richard Solbrig attended the February 13 board meeting. Director Jones questioned several expenditures since none were of benefit to South Lake Tahoe. The next meeting will be held March 12. \.. Director Claudio relayed his thoughts on the sewer capacity plan that was approved February 7. He objected to the process (i.e., use of consultants, timing). General Manager: Richard Solbrig reported that the sewer lateral inspection and testing issue will be discussed during the Water and Wastewater Operations Committee meeting on March 3, and also at the Technical Review Committee meeting that staff will hold for local contractors to gather their input. BOARD MEMBER STANDING COMMITTEE REPORTS MEETING BREAK EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVE REPORT BOARD MEMBER REPORT GENERAL MANAGER REPORT REGULAR BOARD MEETING MINUTES - FEBRUARY 21,2008 PAGE - 5 4. District Information Officer: Dennis Cocking reported on the State of California's budget shortfall of $16 billion dollars. It is likely the State will make another attempt to raid special districts of their property tax revenues, which would have a huge negative impact on the District. He also reported a Lake Tahoe Fire Commission was formed to make findings as a result of the Angora fire. The District submitted a finding related to waterline funding that was supported by fire chiefs, which might help in Washington. General Counsel and Land Application Manaoer: Gary Kvistad and Hal Bird reported on the State Water Resources Control Board's recycled water policy to develop on a uniform basis how recycled water could be used. The District submitted comments, and there will be another public comment time period. The final policy could significantly impact the development of the master plan in Alpine County. STAFF REPORTS ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION ~ No reportable Board action. No reportable Board action. 4:55 P.M. Pursuant to Government Code Section 54956.9(b)/Liability Claim Received from Melody Martinez Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, U.S. District Court for the Eastern District of Ca. ADJOURNMENT \.., ATTEST: ~ \r 'C\J J - ~ .1) \.,. 41.., Iii ~ c e> z - I- WI- Ww :Ew CJ)J: ~en O~ 1-- oz WC) ~- _en CI- LLen OW C:J ~C) <( o to & <( .- z :::> ....J o >. U)w -u Zz 0<( -0 '-z <(w ~~ 0<( LLo::: ~o C/)LL IZ '-0 LLt= oCi Zz 00 -() '-w ~o::: 0..0.. ::a:<( 0.- Uo ..:-:Z UC/) <(- zO ~z o~ 0:::& c::lo w.- I<( '-0 IZ .-<( ~::a: w'- uO ZZ <( o 0: o U u <( Z