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08-22-85 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AUGUST 22, 1985 The Board of Directors of the South Tahoe Public Utility District met in a regular session, August 22, 1985, 4:00 P.M., 1900 Lake Tahoe Blvd., City Services Center. BOARD OF DIRECTORS: President Madden, Directors Jones, Mason, Olson. Director Wynn/Absent ROLL CALL STAFF: Cofer, Mamath, Fischer, Miller, B. Eppler, Williams, G. Eppler, Schroeder, Plasterer, Attorney Weidman GUESTS: Ken Ralston, Kenneth Ostrove, Lester & Ellison Boedeck, Mr. & Mrs. John White, Pamela Fritz, Lenny Rose, Wendy Berge Manager Cofer requested COMMENTS FROM AUDIENCE be moved up on the Agenda as Item VI in order to accomodate the guests present in regards to the odor eminating from the Emergency Holding Pond. CORRECTIONS OR ADDITIONS TO AGENDA Manager Cofer also requested an item No. 8 be added as a great emergency for replacement of water line at Airport. President Madden stated Items 1 thru 3 would be removed from the Consent Calendar and added to the Action Items for action after Payment of Claims, Item 1. CONSENT CALENDAR Moved Olson/Second Mason/Passed Unanimously (Wynn/Absent) to approve Items 4, 5, 6, and 7: 4) Approve increase and authorize back-charge for 6 sewer units on APN 25-510-661 (3260 Pioneer Tr.) in the amount of $905.00 to prop- erty owner, Church of the Nazarene. REGULAR BOARD MEETING MINUTES - AUGUST 22; 1985 Page 2 5) Approve disconnection of illegal water connection on APN 23-311-401 (2140 Dunlap Ave.) and authorize billing of related costs to property owner, Frank Rogers. 6) Approve decrease of 3 sewer units on APN 27-312-091 (3602 Birch) per request of property owner. 7) Authorize Leave of Absence with- out pay to Don Wilgis, ~Operator II, for a period of 90 days with option for 90 day extension. Authorize Temporary Full-time person during interim. Moved Mason/Second Jones/Passed Unanimously (Wynn/Absent) to approve for the 7/24/85 Adjourned Regular Meeting and the 8/1/85 Regular Meeting. CONSENT CALENDAR (continued) APPROVAL OF BOARD MINUTES Manager Cofer gave a brief back- ground related to the Emergency Holding Pond odor problem. He stated in July it was necessary to go to the Emergency Holding Pond (E~P) because of breakdown in the lime system in the plant. The water was brought back and the pond emptied. There was then an upset in the biological process within the plant which necessitated use of the pond again with 23 Million gallons. The lime system will be elimin- ated once the Plant Modification project is built so those problems would not have occurred had the project been built. The upset of the biological process was due to a major breakdown in the blower, causing excessively low oxygen levels. The Plant Modification Project will build a new blower building with stand-by blowers and probably would have prevented that need to go to the pond, also. COMMENTS FROM AUDIENCE (Short Non-Agenda Items) REGULAR BOARD MEETING MINUTES - AUGUST 22, 1985 Page 3 These breakdowns are a demonstra- tion of the problems of a failing treatment plant staff has been trying to correct for 7 years. We have gone to the pond and have had numerous complaints of odors from the pond and the people here would like to speak to that issue: Wendy Berge (1641 Black Bart) com- plained about the odor eminating from the Emergency Holding Pond. John M. White (1580 Black Bart) complained about the odor eminating from the Emergency Holding Pond. Pam Fritz (1590 Black Bart) com- plained about the odor eminating from the Emergency Holding Pond and presented a letter from the property owner, Mr. & Mrs. Phillips which also complained about the odor and was read aloud at the Board meeting. Lester Burdick (1589 Black Bart) complained about odor eminating from the Emergency Holding Pond. Discussion ensued between Board members, staff, members of the audience, and attorney weidman. Manager Cofer stated he would be happy to work with a committee from the audience to investigate the feasibility of alternative locations for the EHP. President Madden requested the members of the audience choose 2 people to work with District staff on the problem. None None CO~MMENTS FROM AUDIENCE (continued) REPORT BY BOARD MEMBERS SHOP STEWARD'S REPORT None COMMITTEE REPORTS REGULAR BOARD MEETING MINUTES - AUGUST 22, 1985 Page 4 8/12/85 - Water Agency Meeting 8/12/85 - Adjourned Regular Meeting 8/14/85 - Soroptimist Presentation by President Madden & Bob Baer 8/14-17 - CASA Work Conference 8/15-16 - TRPA Consensus Workshop 8/16/85 - Erosion/Drainage Task Force with Supervisor Lowe 8/19/85 - Board Workshop/Agenda Items Manager Cofer reported on three items: 1) Audit Conference for Headstart and Fallen Leaf Lake grant projects was held on 8/21/85 in Sacramento between SWRCB staff, Manager Cofer, Grant Administrator Mamath and Consultants Larry Walker and Rich Stratton. 2) Received the Corps of Engineers permit on 8/22/85 for the Plant Mod- ification Project signed by Colonel McCollam. 3) Received staff report by TRPA re- lated to their permit for the Plant Modification Project which lis~ed the permit conditions. Attorney Weidman stated he had attended an E1 Dorado Irrigation District's strategy meeting with President Madden re the SOFAR project procedures. Attorney Weidman distributed informational material re the TRPA permit to Board members for reading before the TRPA 8/26/85 meeting. Collections Officer, John Cartwright, reported on status of recent collec- tion efforts for past-due sewer and water billings. Mr. OstroVe,., attorney for tenants of the Sierra Hills Trailer Park (APN 32-161-131), was present at the meeting. He will act as trustee for the tenants to collect monies to pay the outstanding sewer and water billings. Attorney Weidman gave a positive legal opinion on the pro- cedure. Mr. Ostrove stated he had been attempting to contact someone PAST MEETINGS MANAGER'S REPORT ATTORNEY'S REPORT PROGRAM MANAGER' S REPORT REGULAR BOARD MEETING MINUTES - AUGUST 22, 1985 Page 5 at the bank who is trustee of the property to put them on notice he was collecting rents and putting them towards delinquent assessments. BOARD ACTION Bob Eppler distributed copies of the policy and explained the details of the policy. He answered questions by Board members. Attorney Weidman also responded to questions by Board members. Ken Ralston, attorney for property owners, presented their position on the sewer/water service charge increase which brought up the ques- tion of statute-of-limitations. He made the suggestion of the District declaring an amnesty period for property owners to pay for the additional units without penalties. Discussion ensued between Board members, members of the staff and Attorney Weidman and Attorney Ralston. Director Olson proposed President Madden appoint 2 Board members to meet with staff members and Attorney Weidman to review these problems and come back to the Board of Directors with a recommendation setting a Board Policy on this matter. Moved Olson/Second Jones/Passed Unanimously (Wynn Absent) to defer Action Item 2A, 2B, 3, 4, and Consent Calendar Item 1, 2, and 3 until such time as the above de- scribed committee had met, reviewed the proposed policy and returned to the Board of Directors with a Policy Recommendation. Included in above Board action. Moved Olson/Second Jones/Passed Unanimously (Wynn Absent) to author- ize payment in the amount of $624,466.85. PROPOSED POLICY FOR CHARGING CUSTOMERS FOR UNREPORTED SEWER UNITS ACTION ITEMS 2A (APN 27-154-301), 2B (APN 27-154-311, 3 (APN 32-242-191) AND 4 (APN 31-273-021) INCREASE OF SEWER/W~TER SERVICE UNITS CONSENT CALENDAR ITEMS 1, 2, and 3 PAYMENT OF CLAIMS REGULAR BOARD MEETING MINUTES - AUGUST 22, 1985 Page 6 Moved JoneS/Second Mason/Passed Unanimously (Wynn Absent) to author- ice purchase in an amount not to exceed $6,060 plus tax and shipping. Moved Mason/Second Jones/Passed Unanimously (Wynn Absent) to author- ize Brown & Caldwell to provide engineering services for an amount not to exceed $1,680.00. Movsd Olson/Second Mason/Passed Unanimously (Wynn Absent) to a~thor- ice District's legal counsel to take legal action, if necessary, against Lessees, Donald and Theresa Parrillo. Presented by Ken Schroeder. Moved Olson/Second Jones/Passed UnanimoUsly (Wynn Absent) to author- ize replacement for an amount not to exceed $23,000. 8/23/85 - So. Shore Water Purveyors 8/26/85 - E1 Dorado County Water Committee 8/28/85 - TRPA Project Review/Treat- ment Plant Modifications 9/3/85 - 4:00 P.M. Workshop/Agenda Items 9/5/85 - 4:00 P.M. Regular Board Meeting 5:32 P.M. PURCHASE OF TECATOR DIGESTION UNIT FOR DISTRICT LABORATORY PIPE SLEEVE CROSSINGS OF HWY. 50 (CITY'S BIJOU/WILDWOOD EROSION CONTROL PROJECT) ENGINEERING COLLECTION OF DELINQUENT ASSESSMENT DISTRICT CHARGES FOR LESSEES OF FOREST SERVICE PROPERTIES DECLARATION OF GREAT EMERGENCY: REPLACEMENT OF WATER LINE AT AIRPORT NOTICE OF FUTURE MEETINGS ADJOURNMENT MARY M~/~ADDEN, PRESIDENT OF BOA SOUTH ~A~E PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAGE 1 BOARD MEETING, THURSDAY, AUGUST 22, 1985 COMMENTS FROM AUDIENCE ON SHORT Non-Agenda Items: My. name is Wend~ Bergs, I live at 1641 Black Bart, directly across from the Holding Pond. I've lived right in that vicinity for 12 years. The holding tank odors have been getting worse as the years have gone. It limits my use of my outdoor property; it also limits my social use of my property. I cannot have people over on the days that the wind is blowing toward my property. I actually went as so far to try talking to the DA about filing physical assault charges against the sewage plant for this pond, because I feel it is definitely assaulting my body every time I walk out the door. As you all know from basic school chemistry, or whatever, odor is molecules of what you're smelling and if that's what my nose is being assaulted with. I think I really am affronted by it. That's really all I have to say, but it's causing a problem with my property value too, if I ever wanted to sell that house and somebody came over on a day when the wind was blowing behind the sewer plant, or this holding tank towards my property, I wouldn't have a chan 'e. Thank you very much for listening. My name is John_M.. ~hite, 1580 Black Bart, just opposite Hank Monk, so members of the Board of Directors, and fellow sufferers' Ours was the first residence in the Sierra Meadows subdivision in 1953. This is, and was, and is a single-family residential neighbor- hood. As background information: In 1960, over the protests 6f these residents, your District leased the present sewage pond from the US Forest Service on a temporary 5-year lease. This was terminated on November 7, 1966. On February 17, 1967, a special in-use permit was granted for one year. At a Public Hearing in early 1968, four representatives of the individuals who reside in that neighborhood vigorously protested the continued use of this sewage pond in a residential neighborhood. This special permit was to expire and did expire in Jan. of 1970. At a meeting of your Board in 1969, the US Forest Service, the E1 Dorado Planning Commision , your consulting engineer, Mr. Mayer, stated that the Sewage Pond would be used only in the event of a major failure of 12 hfs or mom on a major break-down in the 27 miles of pipeline transporting the effluent out of the area. Both these possibilities they stated were PAGE 2 extremely remote. Obviously, this is not correct. At the time, your consulting engineer also claimed that moving the Pond would result in a tax increase for 1 or 2 years and that the purchase of additional land might be required. Intentionally, or unintentionally, it appeared that everyone during this period of time acted in a devious manner with the apparent motive to continue this sewage pond as a permanen~ installation. Prior to 1984, we and other proeprty owners periodically contacted your office and also the US Forest Service--complaining of the odors eminating from this sewage pond. Conveniently, apparently, your District maintained no records or logs of these complain s. From approximately July 23, 1984 for a 10-week period, at least while we were here, and from June 29, 1985 until the present time, about 7 weeks--we have been overwhelmed by the odors from the sewage pond. This is caused by the 20-million or more gallons of primary treated sewage of which some has not been chlorinated and being dumped into the pond. We have been deprived of enjoying breakfast on the deck, prevented from having Barbeque's, having our sleep interrupted because of the stench, forced to burn candles and spray Lysol in an attempt to mask the odors. The only relief we have is when the wind blows the latrine-like smell away from our property. Our past two summers have been completely ruined. There is only one solution: This sewage pond must be removed from this single-family residental neighborhood. We have checked with the US Forest Service and they have indicated that they would certainly listen to any propositions as to the use of other land, away from residential neighborhoods. There must be an impartial and independent survey conducted to determine the re-location of this sewage pond away from this and other residential neighborhoods. The alternative includes legal action for violations of our constitutional rights, local and state laws. Thank you. Good Afternoon. I'm Pam Fritz and I live nest door to John and Nancy White. I rent the home I live in and have been living there for 7 years. and w~uld like to read a letter written by Geraldine Phillips, the owner of the house that I live in. They spent~some time, this summer and last summer between Nancy and John's and my own home and would like to express their opinion and I'd like to support pretty much what John has said as well. So, I'll read the letter that Jerry Dee Phillips would like the Board to hear: (See Attached letter) dated 8/21/85. So, I leave this letter with you from Dee and Jerry Phillips and would like to say that speaking for myself--I just feel the last two summers in particular have really seriously been affected by this stench that is in our heighborhohd and that last summer, after traveling over seven western states on vacation and returning and really appreciating the contrast how beautiful Lake Tahoe is, it was a disappointment to turn the corner of Pioneeer and Black Bart and realize that the great welcome home was included with a pretty odiferous greeting and anything that you can imagine can actually wake you up out of a dense sleep like this--I think you can relate to how we feel. I think it just really detracts from the beauty and the pleasure that we have from our really short and swett summer. So, I leave you with this letter. August 21, 1985 Board of Directors South Tahoe Public Utility District P.O. Box AU, South Lake Tahoe, Ca. 95702 Dear Board Hembers: It has been with dismay that we have experienced the lack of concern of the District to take any positive action to correct the terrible problem of odor from the 60,000,000 gallon holding pond that this residential area is suffering. Due to increased usage of this facility over the past two years by the District, the seriousness of the problem has increased tremendously. Not only has the District failed to respond positively to the requests and pleas of the residents of the area, but it has failed to honor numerous promises it has made over the years that the installation of the pond was for emergency use only, and that the existence of this disgraceful blight on the residential community was only temporary! But the District's excuse that the holding pond was for emergency use only has resulted in this "emergency" existing for over twenty years! This is not only a ridiculous situation, but a dangerous one. Before the installation of sewers, it was the claim of the proponents of a sewer district that Lake Tahoe itself was in jeopardy of pollution due to the existence of individual residents' septic tanks. Now we have had a 60,000,000 gallon "cess pool" which is seeping into Lake Tahoe for over twenty years! Does this make sense? Nor does the terrific cost to the tax payers of the suggested installation of a concrete lining in this huge pond to correct possible seepage; nor would it correct the odor and possible health problems. The only acceptable solution would be to remove the pond from its residential area to a location that is not a hazard to its surroundings. Such a location could be the former dump site where a holding facility could be properly installed. This is an urgent request that the Board of Directors take immediate and positive action, and discontinue the "band-aid" attempts at correction, as well as t~ fulfill its many promises. The only recourse to the District's failure to remove this "cancer" from our neighborhood must be legal action. cc:Tahoe Tribune E! Dorado County Board of Supervisors U.S. Forest Service Water Quality Control Board Tahoe Regional Planning Agency PAGE 3 I know you've seen me in here several times before, but I'm Lester Burdick and live right out there next to 1589 Black Bart, and I want to say one thing--something that come up quite a while back. When we first come here, we built a cabin. We turned around put in a septic tank and had it inspected and it was good--they told us at that time, for about 20 years. We hadn't used it twice, I don't think, until I got a notice on our door that it would be locked and we couldn't use it until we hooked up with the sewage. Ail right, we hooked up with the sewage--Then, they turn around and leased that property right next to us to the sewage and then, they're dumping sewage in there that's twice as much. We could go for 50 years and not do wh~ they're doing; now, I can't see really, the right of what is being done---to take away those and add to it and put that smell out there. I noticed it in the last 4 years. This last two years is the most time it has really been bad and every time there is an excuse of an overdump or something like that. I should think it either be covered up or get rid of it -- one or the other. BOARD MEET ING GUEST SIGN-IN SHEET: (please print) 'NAME: ADDRESS' NOTE: COMPLETION OF THE ABOVE INFO~TION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.