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09-21-06 4.. SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Sol brig , General Manager Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, ~ssistant Mana~er Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director Kathleen Farrell, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT SEPTEMBER 21, 2006 MINUTES 4., The Board of Directors of the South Tahoe Public Utility District met in a regular session, September 21,2006,2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA BOARD OF DIRECTORS: President Schafer, Directors Wallace, Farrell, Mosbacher. Director Jones was absent. ROLL CALL STAFF: SOlbrig, Sciuto, Sharp, McFarlane, Adams, Cocking, Brown, Henderson, C. Stanley, Coyner, Curtis, Bird, Attorney Kvistad GUESTS: Marv Winer, Tom Pavletic/Municipal Financial Services; Nancy Jones/PFM Asset Management LLC Moved Mosbacher I Second Farrell I Jones Absent I Passed to approve the Consent Calendar as submitted: CONSENT CALENDAR a. Approved Regular Board Meeting Minutes: August 17, 2006. ~ Nancy Jones reported on the District's investments. She presented a handout and covered: historical interest rates, slower growth and faster inflation, employment news, housing markets, consumer spending, federal PRESENTATION: Capital Reserve Investing, by Nancy Jones, Managing Director, PFM Asset Manaoement REGULAR BOARD MEETING MINUTES - SEPTEMBER 21, 2006 PAGE. 2 ~ and intermediate-term rates, yields, District yields, investment activity, portfolio characteristics, and the long-term strategy. PRESENTATION: Capital Reserve Investing, by Nancy Jones, Managing Director. PFM Asset Manaoement (con't.) ITEMS FOR BOARD ACTION 4., Mike Adams reported one bid was received at the September 18 bid opening. After reviewing the bid, he expressed concerns to the contractor that the price was excessive. The contractor replied the bid form was confusing, and revised the bid with lower numbers. (The original bid was $49,000, lowered to $29,000.) Gary Kvistad stated that a modified bid could not be accepted but given that only one bid was received the District could reject the bid and negotiate a contract directly if certain findings were made by the Board. Moved Mosbacher I Second Wallace I Jones Absent I Passed to reject the bid, and made the findings that going out for bids would not be in the public interest and would not produce a competitive advantage to the District, and authorized staff to negotiate a contract with the bidder directly. (The negotiated contract will be included on the agenda for the next regular Board meeting for consideration. ) COLLECTION SYSTEM SPOT REPAIRS PUBLIC HEARING Public hearing notices were published in the September 15 and 18 legal notices section of the Tahoe Daily Tribune. President Schafer opened the hearing at 2:30 p.m. The District's connection fees consist of a water capacity unit charge (presently $1 ,997 for new single family customers), and administrative cost (minimum $150), the water meter cost, and a physical connection fee. These fees were last reviewed in 2004. ~ Municipal Financial Services, with the assistance of staff, has updated the District's water capacity charges to reflect the current water system capacity. Actual increase calculated was 310.7% and was reviewed by the Board Finance Committee. In addition, fees were developed for fire protection only services in areas where domestic water from other purveyors may be available. Ordinance PUBLIC HEARING: ORDINANCE NO. 497-06: WATER CONNECTION FEES ~ REGULAR BOARD MEETING MINUTES - SEPTEMBER 21, 2006 PAGE. 3 No. 497-06 reflects the outcome of the study and phasing the results at a 36% increase per year in the capacity unit charge for each of the next five years. If adopted, the new charges will take effect on January 1,2007. Charges for 2008 to 2011 will also be effective on January 1 of the respective years. Years subsequent to 2011 will be adjusted using the ENR 20-City Construction Cost Index, until such time as another study is performed. Marv Winer and Tom Paveltic, consultants for Municipal Financial Services, gave a PowerPoint presentation and provided detailed information that is included in their final report. No public comments were received. President Schafer closed the public hearing at 3:10p.m. Moved Farrell I Second Wallace I Jones Absent I Passed to enact Ordinance No. 497-06 to update the water connection fees. PUBLIC HEARING: ORDINANCE NO. 497-06: WATER CONNECTION FEES (con't.) Moved Wallace I Second Mosbacher I Jones Absent I PAYMENT OF CLAIMS -.., Passed to approve payment in the amount of $906,291.60. \r Ms. Agee, who requested to appear before the Board, was not present. Lisa Coyner explained the request for relief of sewer bill. Ms. Agree, who owns a second home at 1021 Grass Lake Road, suffered from a catastrophic fire, which left her home inhabitable. She does not expect her home to be rebuilt and ready to move into until 2008. As a result, Ms. Agee would like additional relief from her sewer bills. The District has already waived its customary two quarters (six months). A similar request considered by the Board in the past involved a primary residence. In that situation, since it was a primary residence, and financial hardships applied, it met the criteria of the Helping Hands Outreach program, and two quarters were funded. Moved Farrell I Second Wallace I Jones Absent I Passed to deny the request for additional relief of the sewer bill. Ms. Agee can apply to the Helping Hands Outreach program, and if qualified, can seek additional funding. REQUEST TO APPEAR BEFORE THE BOARD RE: 1021 GRASS LAKE ROAD REGULAR BOARD MEETING MINUTES - SEPTEMBER 21,2006 PAGE. 4 '-' Water and Wastewater Operations Committee: The committee met September 18. They also toured the arsenic and corrosion pilot treatment system. Minutes of the meeting are available upon request. Finance Committee: The committee met September 18. Topics of discussion included: recent grants, audit results, and the customer water conservation rebate program. Minutes of the meeting are available upon request. Leoal Services Ad Hoc Committee: The committee met to discuss Hatch & Parent's fee schedule. Director Mosbacher reported on her attendance at the Alpine County Board of Supervisors. Director Wallace reported he received his certificate for Ethics training. President Schafer reminded board members that if they have questions regarding an agenda item, it is okay to contact that staff person directly for clarification. He cautioned against giving staff direction; policy dictates '" directives must go through the general manager to assign. Director Wallace reported on efforts by the agency to reduce the amount of property tax returned to the District, and on the proposal to change the makeup of the Board to give EID a permanent purveyor seat. Staff will prepare a presentation for the Water Agency's October 2 meeting related to their proposed changes to Policy NO.3. General Manaoer: Richard Solbrig reported on two items: 1) A draft MOU was received from the California Tahoe Conservancy. It contained unacceptable language that would make the District responsible for all utility relocation costs for erosion control projects. The MOU is required by the USFS as part of a grant application for federal funding and does not need to address this issue. The District submitted comments but has not received formal responses on the recommended changes. 2) The District's new Preventive Routine Care program was discussed with Dr. Bergner and the committee. This program will place emphasis on the importance of , having regular preventive exams done in order to prevent ..... more serious illnesses, fatal conditions, etc. This program was developed to reduce health insurance costs. BOARD MEMBER STANDING COMMITTEE REPORTS BOARD AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT GENERAL MANAGER REPORTS REGULAR BOARD MEETING MINUTES - SEPTEMBER 21, 2006 PAGE. 5 District Information Officer: Dennis Cocking reported on \., future Board presentations. 3:50 - 4:00 P.M. 5:05 P.M. STAFF REPORTS MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. '" No reportable Board action No reportable Board action. ~ Pursuant to Government Code Section 54956.8/Real Estate Negotiations: Negotiating Parties: Board Ad Hoc Committee, General Manager, Assistant General Manager/Engineer, Chief Financial Officer Under Negotiations: Price and Terms Property Identification: Lukins Water Company, 2031 West Way, South Lake Tahoe. Ca. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Beth Jett, Kendall Pearce, and Pearce Family Trust Dated 1-20-88 vs. STPUD, Cox & Cox Construction, Inc., a California Corporation, Nimbus Engineers, a Nevada Corporation and Does 1-100, Inclusive, Civil Action No. PC 20050567, Superior Court, County of EI Dorado. State of Ca. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, Ca.; et aI., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCE JFM REGULAR BOARD MEETING MINUTES - SEPTEMBER 21,2006 PAGE. 6 No reportable Board action. 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. \-r No reportable Board action. Pursuant to Government Code Section 54956.9(b )/Conference with Legal Counsel - Anticipated Litigation (Two Cases) 5:05 P.M. ADJOURNMENT " ~~ Eric W. 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