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12-20-90MINUTES REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT DECEMBER 20, 1990 The Board of Directors of the South Tahoe Public Utility District met in a Regular Session, December 20, 1990, 4:30 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Sinclair, Directors Mason, Onysko, Pierini, Mosbacher ROLL CALL STAFF: Manager Baer, Solbrig, Fischer, Mamath, Hydrick GUESTS: Norm Woods, Mayor, City SLT, Keith Klein/City Council, Kerry Miller/City Manager, Bob Weeteling, Dale Sare None COMMENTS FROM AUDIENCE Manager Baer reported Mr. De Lipkau withdrew his request to appear. REQUEST TO APPEAR BEFORE BOARD: ROSS E. DE LIPKAU - AQUEDUCT I LTD Directors Onysko and Mason left the Dias due to a potential conflict of iterest. REQUEST TO APPEAR BEFORE BOARD: KERRY MILLER/REDEVELOPMENT AGENCY Kerry Miller stated he requested to appear to discuss the major points addressed in a prior letter to Manager Baer. He stated he wanted to make it clear they were not proposing to create any special dispensation or privilege for the Redevelopment Project and the pro- posals discussed today would be addressed for district-wide appli- cability. But, the application would also benefit the Redevelopment Project. ST054543 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 2 He proposed: 1) A reduction on a District-wide basis of sewer connection fees from $2,000 to $1,330. REQUEST TO APPEAR BEFORE BOARD: KERRY MILLER/REDEVELOPMENT AGENCY (Continued) 2) An ordinance amendment or policy change on a District-wide basis of crediting against the sewer transfer fees, expenses or in- kind services, incurred by a private or public party, that has a direct benefit to the District e.g., sewer improve- ments, construction of projects which would ordinarily be done by the District. Director Pierini commented on several items regarding appli- cabilities on in-kind services and reduction in fees on in-kind services that might be available to other District customers. He felt everyone would not be capable of using that option. He stated the scenario he had proposed during a prior meeting with the City Staff: Leave the sewer units in place and there would be no transfer, and no transfer fees would have to be paid. Kerry Miller said that was an excel- lent suggestion, and not totally ruled out. Keith Klein commented on in-kind services District-wide and agreed, an individual building a house may have little opportunity to take advantage of an in-kind type of arrangement. But, he felt the in-kind services could be used for future community projects. Director Pierini said he knew time was of the essence but these issues should have been brought to the District when Redevelopment first started in 1982 when the Agency was formed, or in 1987, but now it was late to start the policy change process (intricate legal issues regarding in-kind services) and he was not sure it could all be worked out in the next 4 months, but said he was not against it. ST054544 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 3 Manager Baer announced a staff meeting had been set for 12/27/90 @ 9:00 AM to discuss these issues. REQUEST TO APPEAR BEFORE BOARD: KERRY MILLER (Continued) Attorney Weidman reviewed legal points of Redevelopment regarding Director Onysko's ability to vote on Redevelopment items. He noted, along with Director Onysko, the Board now had 3 members who were legally eligible to vote on Rede- velopment issues. No Board Action. Moved Mosbacher/Second Onysko/ Passed Unanimously to move Consent Items No. 1, 2 & 3 to the Action Calendar and move Action Item No. 2/Assistant to Legal Counsel to the end of the Agenda. CORRECTIONS/ADDITIONS TO AGENDA OR CONSENT CALENDAR Moved Pierini/Second Mosbacher/ Passed Unanimously to approve Consent Calendar as amended: CONSENT CALENDAR 1) Authorized General Manager to send 12/21/90 letter requesting itemization of costs for EIR/EIS review/Emergency Pumping & Storage Project; 2) Approved as presented, the 1991-92 Budget Preparation Schedule; and 3) Approved Joint Funding Agreement between U. S. Geological Survey and the District/Indian Creek Stream Flow Monitoring. None REPORTS BY BOARD MEMBERS Manager Baer reported the Gardner Mountain Public Meeting was cancel- led due to bad weather and re- scheduled for January 2, 1991. STAFF REPORTS ITEMS FOR BOARD ACTION Moved Pierini/Second Mason/ Mosbacher Abstained/Passed to approve Board Meeting minutes of November 15, 1990. BOARD MEETING MINUTES ST054545 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 4 Presented by Director Pierini, who said he wanted to obtain proper guidelines and possibly appoint a sub-committee (Board Policy Commmittee) to deal with the actual chain-of-command for direction to the District's legal counsel. DISTRICT COUNSEL SCOPE OF WORK AND DIRECTION It was the consensus of the Board to form a sub-committee to discuss this matter. Chairman Sinclair appointed Directors Pierini & Mason and Manager Baer to this committee to be called a Board Policy Committee. No Board Action. Presented by Director Pierini, who felt the Workshop Meetings should be eliminated and made a motion to do so. Director Mason made a motion to amend Pierini's motion with the starting time to begin at 1:00 PM. WORKSHOP MEETINGS A lengthy discussion ensued re- garding starting time. Moved Pierini/Second Onysko/ Passed Unanimously to eliminate Monday Workshops starting January, 1991 through June, 1991 (to start at the regular 4:00 PM time). It was the consensus of the Board the issue could be revisited after a 6-month time period. Presented by Director Pierini. REDEVELOPMENT AGENCY APPLICATION FOR SEWER UNITS Kerry Miller addressed the Board and said the outcome of the 12/17/90 Redevelopment Meeting was very pro- ductive. He also reviewed and clarified Exhibit A in the corres- pondence with the District (in-kind construction costs attributable to the benefit of the District). No Board Action. ST054546 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 5 Attorney Weidman reported there were confidential/legal matters the Finance Committee should review further. AGREEMENT BETWEEN LAKE TAHOE COMMUNITY COLLEGE, U.S.A. AND THE DISTRICT Director Pierini said he did not have a chance to review the Agree- ment thoroughly. It was decided to table this item until the January 3, 1991 Board Meeting. No Board Action. Presented by Richard Solbrig. Attorney Weidman reported some matters have come up relating to this item and requested staff and Director Mason/of the Operations Committee evaluate the proposals again, without Director Onysko participating. TAHOE KEYS SEWER REHABILITATION PROJECT It was the consensus of the Board to continue this item until the 1/3/91 Board Meeting. No Board Action. Director Pierini voiced his opinion on membership to the Calif. Chamber of Commerce and requested to hold the $600 membership check for further evaluation. PAYMENT OF CLAIMS Discussion followed. Moved Pierini/Second Mason/Passed Unanimously to approve payment in the amount of $792,172.83 (This amount exluded the $600 membership check for California Chamber of Commerce. Presented by Rick Hydrick, who reviewed the dollar amount and reasons for the cost overruns associated with the Brien Walters Purchase Order. (No. 22379) LUTHER PASS PUMP STATION OPERATIONAL ASSESSMENT BY BRIEN WALTERS Discussion followed regarding cost overruns. ST054547 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 6 Moved Onysko/Second Mason/Passed Unanimously to approve an Increase to the Not-To-Exceed $20,000 Purchase Order No. 22379 by $4,697.38. LUTHER PASS PUMP STATION OPERATIONAL ASSESSMENT BY BRIEN WALTERS (Continued) Presented by Rick Hydrick, who reviewed the need for this project and recommended entering into negotiations with Kennedy/Jenks/ Chilton for the design of the air stripping Project. After the motion, he explained the reasons supporting staff's recommendation. GARDNER MOUNTAIN WELLS CONTAMINATION REMEDIATION Director Onsyko gave a history of the RFP on this matter and stated he was opposed to staff's recom- mendation because we should not limit ourselves to the nine (9) firms who had a chance to respond to a different RFP; there were probably engineering firms who would respond to an opportunity to do design work for a project we have well defined: Air Strippers at 3 wells as opposed to the RFP released for alternatives. He recommends 1 of 2 actions: 1) Release another RFP - giving the firm who gave us this information (Groundwater Technologies) an opportunity to get the design work; or 2) Enter into negotiations with Groundwater Technologies for the design work. Richard Solbrig stated he felt the worst option would be to delay the project by going out for another RFP because the main opinion heard at the Public Hearing was the customers felt they should be receiving the quality of water as soon as possible that meets the drinking water standards. He suggested deciding right now who to enter into negotiations with for the design work. ST054548 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 7 Discussion ensued regarding the negotiation of fees with the design engineer. GARDNER MOUNTAIN WELLS CONTAMINATION REMEDIATION (Cont.) Moved Onysko/Second Mason/Passed Unanimously to authorize staff to enter into negotiations for design of the Air Stripping Project with Groundwater Technologies. Discussion ensued regarding three stripper sites compared to one site and the related costs, risks, site impacts, operation/maintenance. Director Onysko asked staff to relate the opinions expressed at the Public Hearings on individual air stripping towers at each site (3) as opposed to treating the 3 wells at one site. He expressed a desire to install stripping towers at all 3 sites and discussed his reasons for this. He stated he was not convinced that one stripper would be cheaper than three. Richard Solbrig said according to cost estimates, the one central scrubber would cost $20,000 less than the three individual scrubbers. Some people at the Public Hearings felt the one centralized scrubber was the way to go and all said they would expect the District to mitigate the visual and sound impacts at all scrubber sites (1 or 3). Attorney Weidman discussed the TRPA permitting process and advised the Board not to approve the project until the environmental issues were resolved. Presented by Manager Baer. ACWA MEMBERSHIP Discussion followed regarding the pros/cons of membership to ACWA. Moved Pierini/Second Onysko/ Passed Unanimously to defer this item. The Executive Session was postponed until the next Regular Meeting. EXECUTIVE SESSION ST054549 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 1990 PAGE - 8 Presented by Chairman Sinclair. Moved Pierini/Second Mosbacher to table this issue until the January 3, 1991 Regular Board Meeting. Motion Defeated by the following vote: ASSISTANT TO LEGAL COUNSEL Onysko - NO Pierini - YES Sinclair - NO Mosbacher - NO Mason - NO Moved Onysko/Second Pierini to notify candidates there will be a second round of interviews for: Rollston, Eskind, and Sare. Motion Defeated by the following vote: Onysko - YES Pierini - YES Sinclair - NO Mosbacher - NO Mason - NO Moved Pierini/Second Onysko to nominate Neil Eskind as the next Assistant Counsel to South Tahoe PUD. Motion Defeated by the following vote: Onysko - YES Pierini - YES Sinclair - NO Mosbacher - NO Mason - NO Moved Mason/to nominate Ken Rollston as the next Assistant Counsel to South Tahoe PUD. Motion died for lack of second. ST054550 REGULAR_ BOARD MEETING MINUTES - DECEMBER 20 1990 Moved Onysko/Second Pierini~to ~able the issue until the January 3, 1991 Regular Board Meeting. ~lair Second Mosbacher to nominate Dale Sare as Legal counsel. Motion Defeate~ by the following vote: Onysko - NO Pierini - ABSTAINED sinclair - YES Mosbacher - YES Mason - NO 6:45 PM PAGE - 9 ASSISTANT TO LEGAL COUNSEL ~Continued) ADJOURNMENT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST054551