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11-02-06 \r SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Sol brig, General Manager Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Manager 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 NOVEMBER 2, 2006 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, November 2, 2006, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA \., BOARD OF DIRECTORS: ROLL CALL President Schafer, Directors Jones, Farrell, Mosbacher. Director Wallace was absent. STAFF: Solbrig, Sciuto, Sharp, McFarlane, Cocking, Brown, Bird, Curtis, Powers, R. Johnson, Attorney Berg, Attorney Kvistad GUESTS: Eric Graham I Maxwell Research Moved Mosbacher / Second Farrell / Wallace Absent / Passed to approve the Consent Calendar as submitted: CONSENT CALENDAR a. Authorized staff to solicit bids for new Caterpillar loader; '-' b. North Gate Repair - (1) Authorized exception to Purchasing Policy for special circumstances; and (2) Authorized purchase of gate repair, parts, and labor from R&S of Sacramento, Gates and Entry Controls, in an amount not to exceed $16,793.40; REGULAR BOARD MEETING MINUTES - NOVEMBER 2, 2006 PAGE - 2 . c, Authorized staff to advertise for bids for continued \., cattle grazing in Alpine County for 2007 season; d. 2006 AI Tahoe waterline replacement, Highway 50 Waterline Replacement Reno to Meeks and Bigler to San Jose, Bayview Waterline, Bayview Well Controls Building Facility, and Customer Service/Operations/ Laboratory Facility - Authorized staff to reduce retainage to 5% for projects listed; e. Resolution of Intention to Join the CalPERS Risk Pool- Adopted final Resolution No. 2819-06, authorizing an amendment to the contract. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION During recent union negotiations, the District agreed to form a joint committee to design a voluntary tax-free retirement health savings plan for District employees and to implement the plan by January 1,2007. The District will be participating in the Vantage Care Retirement Health Savings (RHS) plan developed by the '-' ICMA (International City Manager's Association) Retire- ment Corporation. It is a health benefit savings vehicle that allows employees to accumulate assets to pay for medical expenses (e.g. health insurance, co-pays, prescription expenses, etc.) at retirement on a tax-free basis. The plan is voluntary and allows employees to designate from 1 % to 15% of their pay into the program. In addition, upon separation of service, employees that have so elected can contribute their remaining sick pay, vacation pay, compensatory time pay, and or holiday pay to the program. The participants will be charged an adminis- tration fee of .4% of their account balance annually and retirees pay an additional $30 annual fee. The program is important because the District does not provide post retirement medical benefits to retirees. Rhonda McFarlane reported the Retirement Health Savings Plan developed by ICMA-RC is currently going through IRS scrutiny, and recommended if approved, the enrollment be delayed until those issues are resolved. Gary Kvistad stated a side letter with the Union would need to be executed. \-, RETIREMENT HEALTH SAVINGS PLAN REGULAR BOARD MEETING MINUTES - NOVEMBER 2,2006 PAGE - 3 Moved Jones / Second Mosbacher I Wallace Absent / \.,. Passed to approve the establishment of the South Tahoe Public Utility District's retirement health savings plan and: (1) Adopted Resolution No. 2818-06 adopting the Vantage Care Retirement Health Savings Program; (2) Authorized execution of the Plan Adoption Agreement, Declaration of Trust, Retiree Medical and Dental Expense Reimbursement Plan and the Administrative Services Agreement; and (3) Approved delayed enrollment until such time as staff receives assurances that the elective pre-tax contributions are allowable by the IRS. In addition, staff was directed to enter into a MOU side-letter with the Union to allow the delay in instituting the Plan. RETIREMENT HEALTH SAVINGS PLAN ( continued) Moved Farrell / Second Jones / Wallace Absent / Passed to approve payment in the amount of $2,216,072.66. PAYMENT OF CLAIMS Water and Wastewater Operations Committee: The committee met October 30. Minutes of the meeting are available upon request. BOARD MEMBER STANDING COMMITTEE REPORTS Finance Committee: The committee met November 2. ~ Minutes of the meeting are available upon request. Executive Committee: The committee met October 30 to discuss the District's response to the EI Dorado County Water Agency's proposed amendment to Policy 3 (related to the percentage of property tax revenues the agency diverts from the District). Supervisor Norma Santiago, will assist the District. General ManaQer: Richard Solbrig reported on three items: GENERAL MANAGER REPORTS 1) The City Manager called the Department of Health Services (DHS) to inquire about funding for system improve- ments for the Lukins Water Company. That phone call prompted the DHS to schedule an inspection of the water system since they realized one has not been performed in many, many years. 2) A customer contacted the City re: a streetlight out on Glenwood & Lewis. The City Manager responded to the customer that streetlights were the District's responsibility, and copied the letter to the City Council, City Planner, and the police chief. The District sent the City and their staff a letter clarifying the District is only a billing mechanism for j Sierra Pacific Power Co. and the City, and is not in charge ..,. of maintenance. REGULAR BOARD MEETING MINUTES - NOVEMBER 2,2006 PAGE - 4 3) Since costs regarding utility relocation should not be '-' addressed through a MOU, CTC will incorporate the other provisions into its guidelines instead of by a MOU. The District received a large bill for utility relocation and should not be expected to be responsible for those costs since they were part of a transportation project. GENERAL MANAGER REPORTS (con't.) Assistant General Manaoer/Enoineer: Paul Sciuto reported STAFF REPORTS on the cleanup of the October 17 emergency generator fuel spill. District Information Officer: Dennis Cocking reported on two items: 1) He met with ACWA's state legislation committee re: utilizing the water code to provide board compensation; 2) He is working on a new, improved water conservation incentive program, including a turf buy back program, and incentives for commercial washing machines. He will bring this program before the Board in January for their consideration. 2:50 - 3:00 P.M. \., 4:00 P.M. MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 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 \., ~ REGULAR BOARD MEETING MINUTES - NOVEMBER 2, 2006 PAGE - 5 \., No reportable Board action No reportable Board action. No reportable Board action. No reportable Board action. 4:00 P.M. 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 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. Pursuant to Government Code Section 54956.9(b )/Conference with Legal Counsel - Anticipated Litigation (Three Cases) 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 ADJOURNMENT