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10-20-11SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Dale Rise, President Chris Cefalu, Director BOARD MEMBERS Mary Lou Mosbacher, Vice President James R. Jones, Director Eric W. Schafer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 20, 2011 MINUTES BOARD OF DIRECTORS: ROLL CALL President Rise, Directors Cefalu, Jones, Mosbacher, Schafer STAFF: Solbrig, Sharp, Sciuto, Hughes, Hussmann, Cocking, Johnson, Bledsoe, Bergsohn, Ryan, Tiiiel, M. Alsbury, Callian, Attorney Kvistad GUESTS: Randy Vogelgesang, Kelly Sheehan, Claude Gunsch, Mary Kortge, John Runnels, Ken Curtzwiler Randy Curtis led the pledge to the flag. Director Schafer requested that agenda write ups for Change Orders include the original internal engineers estimates for the project for the Board to reference. Moved Schafer / Second Mosbacher / Passed Unanimously to approve the Consent Calendar as submitted: a. Snowshoe / Millich Slope and Bijou Sewer Relocations - Approved Change Order No. 3 to White Rock Construction, in the amount of $19,379.73; b. Diamond Valley Ranch Irrigation Improvements - Approved the list of qualified general contractors to bid on the Diamond Valley Ranch Irrigation Improvements Project: Phase 1; PLEDGE OF ALLEGIANCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - OCTOBER 20, 2011 PAGE - 2 c. Diamond Valley Ranch Irrigation Improvements: Environmental CONSENT CALENDAR Permitting Assistance - Authorized an increase to Purchase (continued) Order P23335 for additional environmental permitting services, in the amount of $10,600; d. Cold Creek Filter Plant and Ralph Tank SEZ Restoration Project - Approved Change Order No. 1 to Thomas Haen Company, in the amount of $50,110.93; e. 2011 Filter Rehabilitation Project - Approved Change Order No. 2 to ERS Industrial Services, in the amount of $43,440.74; f. 2010 North Apache Booster Station Project - (1) Approved the Project Closeout Agreement and Release of Claims; and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk; g. 2011 Grizzly Mountain Booster Station Project - Approved the California Tahoe Conservancy (CTC) Purchase and Sale Agreement for the purchase of 2,027 square feet of Class 3 restoration credits, in the amount of $15,202.50; h. Employment Related Legal Services - Approved Task Order HR -1 with Best, Best and Krieger LLP, for employment related legal services; i. Approved Regular Board Meeting Minutes: September 15, 2011; j. Approved Regular Board Meeting Minutes: October 6, 2011. ITEM FOR BOARD ACTION Moved Cefalu / Second Schafer / Passed Unanimously to PAYMENT OF CLAIMS approve payment in the amount of $676,022.73. Water and Wastewater Operations Committee: The committee STANDING COMMITTEE met October 17. Minutes of the meeting are available upon REPORTS request. Finance Committee: The committee met October 19 to discuss identified revenue reductions and overall impacts to the budget and ten year forecast. A workshop will be held in December to discuss next year's budget in detail. President Rise suggested Board members submit budget and debt reduction ideas in advance. REGULAR BOARD MEETING MINUTES - OCTOBER 20, 2011 PAGE - 3 Director Schafer distributed an article re: potential uses for recycled water, and commented on the advantages of teaching children about recycling. President Rise reported the STPUD candidates forum that was hosted by the Soroptomists service club went well. The October 12 regular meeting was cancelled. The next meeting will be held on November 9. Richard Solbriq reported nametags were purchased for staff who interact with the public. Assistant General Manager / Engineer: Paul Sciuto updated the Board on the emergency declared September 15 re: asphalt patching services. The project is nearly complete and the emergency is expected to be terminated at the next regular Board meeting. Customer Service Manager: Tim Bledsoe updated the Board re: Chris Harris, 1029 Shepards Drive, who previously requested relief from penalties attached to the property. Since the Board voted not to waive the penalties, President Rise urged staff to review the Administrative Code for other areas where relief could possibly be granted. Bledsoe found that since the sewer had a temporary cap in place during construction of the project, he was able to grant Mr. Harris six months relief on his surcharges. BOARD MEMBER REPORTS EL DORADO COUNTY WATER AGENCY REPORT GENERAL MANAGER REPORTS STAFF REPORT Prior to the adjournment to Closed Session, Ken Curtzwiler VIOLATION OF BOARD stated he would be acting as a representative for the involved POLICIES Board member, President Rise. 3:50 P.M. ADJOURNMENT TO CLOSED SESSION Note: President Rise was disqualified from participation in the closed session item since he was involved in the situation to be discussed. ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No Reportable Board action. Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel -Anticipated Litigation (One Case) REGULAR BOARD MEETING MINUTES - OCTOBER 20, 2011 PAGE - 4 Director Mosbacher reconvened the meeting at 4:00 p.m. RECONVENED TO OPEN and then left the meeting for a previously scheduled appoint- SESSION ment. Director Schafer chaired the remainder of the meeting. President Rise recused himself due to a conflict of interest but attended the first portion of this open session in order to present his version of the incident during public comment. Afterwards, he left the room prior to the Board discussion and voting. ITEM FOR BOARD ACTION Nancy Hussmann reported in response to a personnel VIOLATION OF BOARD complaint and in accordance with District policy, that the POLICIES District tasked an independent, outside investigator to look (continued) into complaints raised by District staff with respect to an incident between Board President Dale Rise and District staff when President Rise came to the customer service counter seeking a permit on July 12'". Hussmann read a summary of the inves- tigator's report into the record, which concluded that the following sections of Board Policy were violated: (1) Section 2090.30 - Directors shall at all times conduct themselves with courtesy to each other, to staff, and to members of the audience present at Board meetings; (2) Section 2100.70 - Directors should practice the following procedures: Section 2100.72 - In handling complaints from residents and property owners of the District, said complaints should be referred directly to the General Manager; and Section 2100.74 - In seeking clarification for policy -related concerns, especially those involving personnel, legal action, land acquisition and develop- ment, finances and programming, said concerns should be referred directly to the General Manager. In summary, Director Rise brought up topics related to his role as a Board member and critical of individual staff members that were unnecessary to the transaction and that blurred the line between his role as a contractor and his role as a Board member. The investigation also revealed that there had been similar prior instances of such "blurring of roles" which had not generated specific, formal complaints at the time, but which are of concern and which emphasize the need for adherence to Board Policy. President Rise gave his account of the incident. Complainant, Jeri Callian, gave her account of the incident, and also responded to comments made by President Rise. Ken Curtzwiler and John Runnels also made comments on behalf of President Rise. REGULAR BOARD MEETING MINUTES - OCTOBER 20, 2011 PAGE - 5 4:45 p.m. - President Rise left the room while the Board VIOLATION OF BOARD deliberated in open session. POLICIES The Board discussed whether President Rise violated the three Board Policy sections listed above. Moved Schafer / Second Cefalu / Rise Disqualified / Mosbacher Absent / Passed to accept the investigators report as presented. Moved Schafer / Second Cefalu / Rise Disqualified / Mosbacher Absent / Jones Voted No / Motion Failed to ask President Rise to make a written or verbal apology to staff members affected specific to the Policy Violations, and to iterate and reiterate that Board members have the obligation to conduct in a proper manner as Board members, and that everybody is held account- able to that standard without fail. And furthermore, reiterate when Board members conduct business with the District, to hold themselves to the same standards that are required of any other person conducting business with the District. Plus review the Policy Manual to determine if we can be more explicit as what is appropriate action and/or inappropriate action if we believe stating it this way is effective as Board Policy. Director Jones stated he agreed with updating the Board Policy Manual. He voted no because he wished for stricter penalties in this instance. 5:10 P.M. ATTEST:` - -- Kathy Shari, Clerk of the Board South Tahoe Public Utility District ADJOURNMENT Dale Rise, Board resident South Tahoe Public Utility rict DATE: a a" BOARD OF DIRECTORS MEETING GUEST SIGN -IN SHEET IN ACCORDANCE WITH THE BROWN ACT: COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE.