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11-03-88MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT NOVEMBER 3, 1988 The Board of Directors of the South Tahoe Public Utility District met in a regular session November 3, 1988, 4'00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Mason, Directors Olson, Walker, Jones, Sinclair ROLL CALL STAFF Baer, Titan, B. Eppler, Miller Taylor, Hydrick, Bonnet, Attorney Weidman GUESTS: Bob Koser, David Ross-KTHO, Richard Solbrig-Carollo Engineers Keith Klein-City Council None COMMENTS FROM AUDIENCE None CORRECTIONS/ADDITIONS TO AGENDA OR CONSENT CALENDAR None CONSENT CALENDAR Moved Olson/Second Walker/Passed Unanimously to Approve Regular Board Meeting Minutes of October 6, 1988. APPROVAL OF BOARD MINUTES Moved Olson/Second Walker/Passed Unanimously to Approve Regular Board Meeting Minutes of October 13, 1988. Moved Olson/Second Walker/Jones Abstained/Passed to Approve the Regular Board Meeting Minutes of October 20, 1988. Director Olson commented on an article printed in the Tahoe Daily Tribune on 11/1/88 and the re- action and comments of Supervisor John Cefalu. REPORT BY BOARD MEMBERS Director Olson addressed issues regarding Property Tax Transfer Funds and gave a brief history how previous Fund monies were utilized, recorded and distributed. REGULAR BOARD MEETING MINUTES - NOVEMBER 3, 1988 Director Olson said the state- ments made by Supervisor Cefalu regarding the District and Tax Transfer Fund monies was an insult to the Board, the Staff, its Management, and its Directors. He requested a response from Supervisor Cefalu and a public apology regarding these issues and accusations. PAGE - 2 REPORT BY BOARD MEMBERS (Continued) Moved Olson/Second Jones/Passed Unanimously to Respond to the Newspaper Article of 11/1/88 and add this item to today's Action Calendar as Item #9 because the matter came up Tuesday, after the posting of the Agenda. Assistant Manager: Assistant Manager Bob Baer reported Manager Cofer received a call from the State Water Re- sources Control Board and that the Board had issued an ATA (Approval to Award) for the Emergency Retention Basin Project. He also reported on the construction eligibility determination. STAFF REPORTS Attorney: Attorney Weidman reported on three items: 1) Emergency Holding Pond and Change Order needed to adjust the work schedule. Attorney Weidman answered, questions regarding Sludge Removal from from the Board. 2) Humane Society Project and Land Exchange. Attorney Weidman explained the status of the District's Land Exchange with the U.S. Forest Service and stated until the Bureau of Land Manage- ment completes its survey and properly records the description, REGULAR BOARD MEETING MINUTES - NOVEMBER 3, 1988 PAGE the District cannot proceed with the land exchange. Attorney Weidman also explained the procedures and time frame for public property dedication, and the legal technicalities involved. STAFF REPORTS (Continued) A lengthy discussion followed; Attorney Weidman answered ques- tions directed from the Board and also stated Supervisor Cefalu and the Humane Society attorneys were aware of the proceedings imposed on the District before land could be granted to the Humane Society. At this time Director Olson read excerpts from a letter dated October 18, 1988 from Super- visor Cefalu regarding the status of the Lake Tahoe Humane Society request for dedication of lands for the new animal shelter. Director Olson requested an answer to this correspondence in reference to facts and delays concerning this matter be sent to Mr. Cefalu. Director Olson wanted the correspondence to Supervisor Cefalu verified and documented. 3) Eminent Domain Trial with Heise for the Harvey Place and Heise Land Acquisition on December 12, 1988 in Placer County. He said depositions have been taken on both sides. Program Managers: No Report Shop Steward: No Report ITEMS FOR BOARD ACTION Moved Olson/Second Jones/Passed Unanimously to Approve payment in the amount of $1,663,082.40. PAYMENT OF CLAIMS REGULAR BOARD MEETING MINUTES - NOVEMBER 3, 1988 Property owner, Bob Koser, came before the Board at the October 31, 1988Workshop and presented the facts to his request for re- instatement of the expired sewer permit. Attorney Weidman summarized the facts on this case regarding sewer unit availability. He advised the Board not to honor Mr. Koser's request at this time. Attorney Weidman explained the District planned to expand the facility and Mr. Koser could request these units in the future when/if sewer units are available. He further suggested that Mr. Koser review the Sewer Transfer Ordinance with staff member, Bob Eppler. PAGE REQUEST TO APPEAR BEFORE BOARD BY BOB KOSER REQUEST TO APPEAR BEFORE BOARD BY BOB KOSER A lengthy discussion followed and a question/answer session ensued. No Board Action. A) Moved Olson/Second/Jones/ Passed Unanimously to Authorize submittal of replay to Agency request for an accounting of Water Agency funds received by the District for the last 10 years; B) Moved Jones/Second Sinclair/ Passed Unanimously to Adopt Re- solution 2475 consenting to re- newal of the contract between E1 Dorado County Water Agency and South Tahoe PUD. Attorney Weidman explained the the technicalities and legal implications on this subject. EL DORADO COUNTY WATER AGENCY AMENDMENT TO SEWER ORDINANCE TO ALLOW EMERGENCY REPAIRS ON PRIVATE PROPERTY. Chairman Mason suggested an MOU be drafted with the County Health Department to alleviate future complications. No Board Action. REGULAR BOARD MEETING MINUTES - NOVEMBER 3, 1988 PAGE Presented by Assistant Manager PRETREATMENT PROGRAM UPDATE Bob Baer. Assistant Manager Bob Baer re- commended to take no action on this item. He said District staff will be able to do this report. No Board Action. Presented by Assistant Manager Bob Baer. DIAMOND DITCH PIPELINE EMERGENCY REPAIR Moved Olson/Second Sinclair/ Passed Unanimously to Approve payment of repairs in the amount of $7,687.97. This item was presented by Richard Solbrig and discussed at the October 31, 1988 Workshop. KIEWIT PACIFIC CO., CONTRACT NO. 5 CHANGE ORDERS (ALPINE CO.) Richard Solbrig answered questions from Board Members. Director Sinclair requested an explanation accompany all future change orders when there is a 20-25% discrepancy in the planned quantity and the final quantity. Assistant Manager Bob Baer said he would request a response for the Change Orders. Moved Olson/Second Jones/Passed Unanimously to Authorize Change Orders No. 66 through 73 in the total amount of $120,210.00. Presented by Assistant Manager Bob Baer. 1988/89 FLOW MONITORING PROGRAM AND REPORT Moved Olson/Second Jones/Passed Unanimously to Authorize Task Order #6 to James Montgomery Eng. in the amount of $7,483 plus $12,761 from Task Order #5. REGULAR BOARD MEETING MINUTES - NOVEMBER 3, 1958 This item was discussed further. It was unanimously decided to send a letter to the Editor of Tahoe Daily Tribune to answer accusations made by Supervisor Cefalu. A copy of the letter was also to be hand-delivered to Supervisor Cefalu. 11/04/88 - 10 AM, EDWPA @ EID 11/11/88 - CASA, Fall Quarterly Meeting 11/14/88 - 4:00 PM, Workshop/ Agenda Items 11/17/88 - 4:00 PM, Regular Board Meeting 5:00 PM PAGE - 6 DISCUSSION/RESPONSE TO NEWSPAPER ARTICLE DATED 11/1/88 REGARDING USE OF TAX TRANSFER FUNDS NOTICE OF FUTURE MEETINGS ADJOURNMENT ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT