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05-24-90 AdjournedMINUTES ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 24, 1990 The Board of Directors of the South Tahoe Public Utility District met in an adjourned session, May 24, 1990, 7:00 PM, Unified School District Office, 1021 A1 Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Mason, Directors Walker, Pierini, Onysko, Sinclair STAFF: Baer, Fischer, Mamath, Hydrick, G. Eppler, Hoggatt, Powers, Attorneys Rollston & Weidman (Attorney Weidman arrived @ 7:30 PM) (Terry Powers arrived @ 7:55 PM) GUESTS: Marjorie Springmeyer, Jim Dipeso/ Tahoe Daily Tribune, Bill Craven, Mark Houston/F.L.L. Protestion Association, Chris Thomsen/Stanford Sierra Camp, Jack Burnam/John Carollo Engineers, M/M Mosbacher (M/M Mosbacher arrived @ 9:07 PM) Acting Manager Baer requested an Item 7 be added to the Action Calendar/to set time/date for Public Hearing: F.L.L.-Negative Declaration and also requested to adjourn the meeting to an Executive Session/Heise Land & Livestock Eminent Domain Proceedings and the Alta Pacific Claim. Moved Pierini/Second Sinclair/Passed Unanimously to approve the amended agenda. Presented by Bob Baer who noted Phase I and Phase II had been separated by Lahontan and could now be considered as separate projects. Staff responded to questions from Board members. ROLL CALL CORRECTIONS/ADDITIONS TO ACTION CALENDAR FALLEN LEAF LAKE SEWER SYSTEM MODIFICATIONS - PHASE I/LAHONTAN WASTE DISCHARGE REQUIREMENTS ST054732 ADJOURNED REGULAR BOARD MEETING MINUTES - MAY 24, 1990 PAGE 2 Moved Sinclair/Second Pierini/ Passed Unanimously to accept the Lahontan Tentative Waste Discharge Requirements. Presented by Rick Hydrick. Jim Hoggatt reported the District had received one bid at the bid opening on May 22, 1990: $923,000 from Charles Butts Construction. Mark Houston discussed the 1977 MOU between the F.L.L. Improvement Association and South Tahoe PUD. He said the consensus of the present Protection Association (formerly Improvement Association) was to complete Phase I and get the F.L.L. residents out of the sewage business and requested the Board rescind the 1977 MOU. Board members discussed Mr. Houston's request. Bill Craven explained his understanding of the 1977 MOU and Chris Thomsen/Stanford Sierra Camp commented on the proposed assessment. He felt it was too high. Discussion ensued regarding the District sharing improvement costs with the F.L.L. residents. Jack Burnam/Carollo Engineers stated Phase I would address the problems on the south side of the lake and Phase II, the east side. Director Onysko asked Attorney Weidman what would happen if the MOU was rescinded. Attorney Weidman said there needed to be an Executive Session prior to Board action due to the threat of litigation on this matter. Mark Houston stated the Protection Association was not sure rescinding the MOU would accomplish the com- primise they wanted. The compromise, he said, was based on the F.L.L. residents paying for Phase I and the District covering costs after that. FALLEN LEAF LAKE SEWER SYSTEM MODIFICATIONS - PHASE I/LAHONTAN WASTE DISCHARGE REQUIREMENTS (con't.) FALLEN LEAF LAKE IMPROVEMENT ASSOCIATION, INC. 1977 MOU ST054733 ADJOURNED REGULAR BOARD MEETING MINUTES - MAY 24, 1990 PAGE 3 8:00 PM 8:50 PM Moved Pierini/Second Onysko/Passed Unanimously to rescind the 1977 MOU between the Fallen Leaf Lake Im- provement Association, Inc. and South Tahoe PUD with the assumption the F.L.L. property owners will pay all expenses related to Phase I Improvements. Moved Pierini/Second Onysko/Passed Unanimously. to authorize execution of the rescission document (to be drafted). Chris Thomsen asked if rescinding the MOU accomplished what they (F.L.L. Association) had asked for before the Executive Session, which means the District assumes the ob- ligation for Phase II or that kind of modification. Director Pierini responded and said he felt it was a first step on a one-way road in that direction. Mr. Thomsen said that suggested to him that if a Phase II was needed, the District would be looking at negot- iating with them (F.L.L. residents) again. Director Pierini responded by saying it did not mean at the present time the District would try to extract financial obligations from the F.L.L. property owners, but there may be other obligations as the District and F.L.L. residents go down this road together. Chairman Mason added he thought it would also depend on when or if something happened - if it ever happens and something needs to be done - then it should be discussed at that time. ADJOURNMENT TO EXECUTIVE SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)2. (a) and 4./FALLEN LEAF LAKE HOMEOWNERS ASSOCIATION & STANFORD CAMP POSSIBLE LITITAGION RETURN TO REGULAR SESSION ACTION ON ITEM DISCUSSED DURING EXECUTIVE SESSION: FALLEN LEAF LAKE IMPROVEMENT ASSOCIATION, INC. MOU ST054734 ADJOURNED REGULAR BOARD MEETING MINUTES - MAY 24, 1990 PAGE 4 Director Pierini used the example FALLEN LEAF LAKE IMPROVEMENT of a problem with the system 30 ASSOCIATION, INC. MOU (continued) years from now; we would not want to preclude the District's ability to form an Assessment District 25 - 30 years out. This would be the same as any other segregated system where there is dedicated service. Director Onysko said his intention in rescinding the MOU was he hoped it was a message to the F.L.L. res- idents that the District is treating them like everyone else in the Dist- rict, that is committing to treating F.L.L. as equal members of the District. Further, he said a hypo- thetical question might be, "what happens if something happened in one of the other special districts or something terrible happened to them?" There is nothing to prevent the District from assessing them to replace their pump station or what- ever. The Board could not promise the F.L.L. residents better treat- ment than the rest of the people in the District, but by rescinding the MOU the Board had made a commitment to treating F.L.L. residents like everyone else. Presented by Attorney Weidman who reviewed the settlement agreement and said they are getting a stipula- tion for a judgement in eminent domain and an eminent domain judge- ment for $128,290 for grant elig- ibility purposes. He stated we were getting the rest of the property as part of the $650,000 total compensation; $200,000/down with a 5 year payoff @ 9% interest; $115,691.60/annual installments commencing July 1, 1991. The projected water rights are 137 acres of water rights with consumptive duty of 2.5 acre feet per acre. SCHWAKE SETTLEMENT AND PROPERTY PURCHASE Schwake will be allowed to remove some rock under the provisions of the Agreement. This provision was discussed by the Board and clarified by staff. ST054735 ADJOURNED REGULAR BOARD MEETING MINUTES - MAY 24, 1990 PAGE 5 Moved Pierini/Second Sinclair/ Passed Unanimously to authorize the Chairman to execute the joint irrevocable escrow instructions, the agreement and all necessary documents to effectuate the escrow; to authorize $200,000 in two separate checks of $71,710 and $128,290 plus a check to Intercounty Title for escrow closing costs and title in- surance. Presented by Bob Baer who reported on the price quotes received by the District for the shut-off valves, inspection Tees and the 12- inch lines going to the surge relief valves. He requested authorization to place an order with the low bidder. Moved Sinclair/Second Walk. er/Passed Unanimously to authorize purchase of the shut-off valves, inspection Tees and 12-inch lines from Camellia Valley Supply in an amount not to exceed $8,675.00. Presented by Gene Eppler who in- formed the Board the land was available for purchase. Discussion followed. It was the consensus of the Board not to pursue purchase at this time. No Board Action. This item was deferred to the June 7, 1990 Board Meeting. The Board agreed to set the time and date for the Public Hearing as June 7, 1990, 5:00 PM. 9:32 PM 9:37 PM 9:37 PM SCHWAKE SETTLEMENT AND PROPERTY PURCHASE (continued) LUTHER PASS PUMP STATION STATUS REPORT DRESSLER ON-FARM LAND IRRIGATION LAND PURCHASE SELECTION OF CANDIDATES FOR GENERAL MANAGER POSITION FALLEN LEAF LAKE SEWER SYSTEM IMPROVEMENTS - PHASE I: NEGATIVE DECLARATION MEETING BREAK MEETING RESUMED ADJOURNMENT TO EXECUTIVE SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), (c) 4./HEISE LAND & LIVESTOCK CO., et al, and 54956.9(b), (c) 4./ALTA PACIFIC CONSTRUCTORS CLAIM ST054736 ADJOURNED REGULAR BOARD MEETING MINUTES - MAY 24, 1990 PAGE 6 10:05 PM None 10:05 PM RETURN TO REGULAR SESSION ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION ADJOURNMENT ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST054737 BOARD MEETING Date: ~HONE NU~,IBER: GUEST SIGN-IN SHEET: (please print) ADDRESS. ST054738 -- NOTE: COMPLETION OF THE ABOVE INFO~TION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.