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08-02-90MINUTES REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AUGUST 2, 1990 The Board of Directors of the South Tahoe Public Utility District met in a regular session, August 2, 1990, 4:00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Mason/Directors Onysko, Pierini, Sinclair (Director Walker Absent) ROLL CALL STAFF: Manager Baer, Fischer, Mamath, Brown, Gilbert, Rieger, Taylor, Hrbacek, Schroeder, B. Eppler, Cartwright, Powers, M. Carrion, Hoggatt, Bonnet, Attorney Weidman GUESTS: Dena Schwarte, Ms. Ziegenfuss, Jim Jones, Sue Schlerf/City of South Lake Tahoe, Keith Klein/City Council, John Wynn, Jim Dipeso/Tahoe Daily Tribune Attorney Weidman reported on the potential changes in the law regarding the Brown Act and changes in Personnel files. He advised the Board to follow the old law until the new law was published. COMMENTS FROM AUDIENCE The following changes were made: Action Item 6/Water Supply for Gardner Mountain Zone: Deferred; Consent Item 8/Tahoe Paradise Yard Fencing: Removed; Consent Item 12/Purchase of Dry Polymer: Moved to Action Calendar as Item 9; Action Item S/Role of Assistant to Legal Counsel: Added; Action Item 10/Monday Workshop Sessions: Added; Action Item ll/New Hire (Employee) Drug Testing: Added. CORRECTIONS/ADDITIONS TO AGENDA AND CONSENT CALENDAR Moved Sinclair/Second Pierini/Walker Absent/Passed to approve corrections additions to Agenda & Consent Calendar. ST054651 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - 2 Moved Pierini/Second Sinclair/ Walker Absent/Passed to approve Consent Calendar as amended: CONSENT CALENDAR 1) Approved Board Meeting Minutes for: Regular Board Meeting, 6/21/90; Adjourned Board Meeting, 7/13/90; Special Board Meeting, 7/16/90. 2) Authorized implementation of two- week disconnection procedures on property located at 2556 Lake Tahoe Blvd. (APN 31-073-111) in Accordance with Ordinance 394. 3) Authorized disconnection on property located at 1071 Stockton, (APN 31-113-15) in Accordance to Ordinance No. 360. 4) Adopted Resolution 2538 authorizing transfer of unpaid service charges to E1 Dorado County Tax Roll. 5) Adopted Ordinance 427/Fixing Rate of Taxes for G.O. Bonds Issued in 1951. 6) Adopted Ordinance 428/Fixing Rate of Taxes for G.O. Bonds Debt Service: U-1 Improvement District. 7) Approved establishing an additional Deferred Comp. Plan with Hartford Life Ins. Co. 8) Approved sole source purchase of Jerome 621 Hydrogen Sulfide Analyzer from Arizona Instrument in an amount not to exceed $10,000. 9) Accepted Huber Business Systems Bid in the amount of $21,210.69 for the Canon NO-8550 Copy Machine and the Maintenance Service Bid @ $188/month. 10) Approved & authorized execution of Agreement/Use of City of South Lake Tahoe's Rotary Camera for Records Filming. ST054652 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - None. BOARD MEMBER COMMITTEE REPORTS ITEMS FOR BOARD ACTION Moved Pierini/Second Onysko/Walker Absent/Passed to remove the wasting water complaint from her payment record. Chairman Mason left the podium due to a conflict of interest on this item. Dena Schwarte presented her request in behalf of South Tahoe Refuse Co. and responded to questions from Board members. Moved Pierini/Second Sinclair/Walker Absent/Passed to approve a variance to the Ordinance regarding discharge from South Tahoe Refuse Co. to the District's sewer system, conditional upon coming to agreement on the MOU between the District and South Tahoe Refuse Company. Director Pierini requested no action on this item until the Board received further input from the public. No Board Action. Presented by Jim Hoggatt. Jim Hoggatt reported on his research of this item regarding velocity intake suction, storage capacity, requirements, and cavi- tation and responded to questions by Board members regarding flat bottom vs. elevated tanks, pumps and costs. Moved Pierini/Second Sinclair/Walker Absent/Passed to authorize staff to proceed with the proposed Request for Proposals/Geotechnical Engineering Services with an inclusion of a reference to a flat bottom tank. REQUEST TO APPEAR BEFORE BOARD: MARILYN ZIEGENFUSS REQUEST TO APPEAR BEFORE BOARD: DENA SCHWARTE, REPRESENTING SOUTH TAHOE REFUSE COMPANY BIDDING PROCEDURES LUTHER PASS STORAGE TANKS ST054653 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - 4 Deferred. PROPOSED WATER CONSERVATION ORDINANCES Deferred. WATER SUPPLY FOR GARDNER MOUNTAIN ZONE Director Pierini requested the $2,430 Zellmer invoice be deleted until it could be clarified more specifically. PAYMENT OF CLAIMS Moved Pierini/Second Sinclair/ Onysko Abstained/Walker Absent/ Passed to approve payment in the amount of $511,683.24. Attorney Weidman handed the Board a list of projects/items Attorney Rollston was working on. ROLE OF ASSISTANT TO LEGAL COUNSEL Discussion followed. Director Pierini felt there were three key requirements needed by the person filling the position of Assistant to Legal Counsel: 1) In-depth knowledge of the Public Utility Code and workings of Public agencies; 2) In-depth knowledge of the workings of the Government in the Tahoe basin (Calif. side). 3) A lack of alleged conflict or perceived conflict of interest within STPUD Service Area. Director Pierini stated Attorney Weidman filled all three of these requirements, and felt the Assistant Legal Attorney should have the same qualifications. Director Sinclair suggested formation of a Legal Committee comprised of two Board members who would study the matter and return to the full Board with a recommendation. Attorney Weidman explained to the Board how conflict-of-interest issues had been handled up to this date and all decisions have been handled properly and legally. ST054654 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - 5 Moved Onysko/Second Sinclair/ Walker Absent/Passed to direct the Board Chairman to establish a temporary two Board Member committee for the express purpose of looking into an Assistant to Legal Counsel. ROLE OF ASSISTANT TO LEGAL COUNSEL (Continued) Keith Klein told the Board he had heard negative comments regarding the District's use of special counsel at all times. He suggested the District hire a full-time staff attorney which would take care of a great many of the conflict-of- interest concerns and then hire a special counsel for specialized situations. Director Sinclair stated he had looked into this alternative and felt it would be costly to do this, considering insurance, office space, and clerical help. Director Pierini said he thought the danger in Mr. Klein's suggestion was the Attorney could end up setting District policy. He did, however, feel it was a cost-effective approach. Presented by Linda Brown and John Bonnet. PURCHASE OF DRY POLYMER FOR F.Y. 1990-91 Linda Brown reviewed the costs/ad- vantages of dry vs. liquid polymer per Director Onysko's request. Linda Brown & John Bonnet answered questions from Board members. After discussion, it was the con- sensus of the Board to defer award of this bid until further tests (dry vs. liquid) and resulting information was obtained. No Board Action. ST054655 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - 6 Director Onysko stated he wished to have the Workshop Sessions eliminated. MONDAY WORKSHOP SESSION Moved Onysko/Second Pierini/Mason Voted No/Sinclair Voted No/Walke~ Absent/Motion was defeated to eli- minate the Monday Workshop sessions. Director Onysko stated the present District Drug Testing Policy as a condition for hire was never autho- rized by the Board, but only at a Staff level. He said this policy should come before the Board for a decision of this type. NEW HIRE (EMPLOYEE) DRUG TESTING Manager Baer stated he requested Barrie Fischer prepare a written memo for the Board explaining the evolution of the District's New- Hire Drug Testing Program. The memo was distributed to Board members by Chairman Mason. The Board read Barrie Fischer's memo. Discussion followed with Barrie Fischer responding to questions from Board members. Manager Baer stated he felt District employees were involved in Public Safety situations because all are required to have a valid driver's license (some drive heavy equipment/ trucks on area streets) and some handle chemicals such as chlorine-- so it was a Public Safety Issue. Director Pierini asked Manager Baer if he felt the new drug-testing policy decreased the probability of drugs on the job. Manager Baer answered, he did. Director Pierini asked if this test was fool-proof and made the point if someone wanted to "beat" the initial test & subse- quent tests, they could. Director Pierini felt drug-testing did not do that much good and this was an invasion of personal liberties. He equated it to the invasion of rights during the early 30's in Germany. ST054656 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 PAGE - 7 Director Sinclair felt the present drug-testing policy would deter a drug user from applying for a job at the District and did not wish the District to hire anyone on drugs. NEW HIRE (EMPLOYEE) DRUG TESTING (Continued) Director Onysko asked for John Weidman's legal opinion on the District doing these tests with- out specific decree from the Board. Attorney Weidman stated he would prefer, if the tests are going to continue, it be done by Board authorization. He stated, under present law, there was no liability for testing new-hires. He advised the Board to vote on this matter. Barrie Fischer stated the new-hire drug testing policy had been in effect for approximately a year-and- one-half; it was developed & reviewed by the Board so they were aware staff was going to institute it. After the Board raised no objections he (Barrie) met with the Union Representatives in a meet-and-confer setting. Attorney Weidman advised the Board to vote on the matter today & action would require a majority vote. Staff members, Terry Powers and Linda Brown commented to the Board in support of the present drug- testing program. Jim Hoggatt told the Board about his recent experience as a new-hire. Moved Onysko/Second Pierini to adopt the policy of pre-employment drug- testing. Moved Mason/Second Sinclair to table this motion until the full Board was present. Sinclair/Mason Voted Yes; Pierini/Onysko Voted No; Walker Absent. Motion defeated to table this issue. ST054657 REGULAR BOARD MEETING MINUTES - AUGUST 2, 1990 TO Adopt the Policy of pre- employment drug-testing: 0nysko/Pierini Voted No; Mason/Sinclair Voted Yes; ~alker/Absent. Motion defeated. PAGE - 8 NEW HIRE (EMPLOYEE) DRUG TESTING (Continued) Director Sinclair suggested the District suspend new hiring until there was a full-Board to vote on this matter. No comment was received from other Board members on this suggestion. 8/03/90 - 10:00 AM, EDWPA @ SLT Council Chambers 8/13/90 - 1:00 PM, Lake Tahoe Basin Groundwater Study @ Incline Village GID 8/13/90 - 4:00 PM, Regular Board Mtg. (Public Meeting) (This is a MONDAY meeting) 8/15/90 - CASA 8/21/90 - 12:00/Noon, District B.B.Q./ Picnic @ District 9/06/90 - 4:00 PM, Regular Board Mtg. (NO WORKSHOP) (Public Mtg.) NOTICE OF FUTURE MEETINGS 5:30 pm ADJOURNMENT ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST054658 Date: BOARD MEETING ~HONE NUI.1BER: GUEST SIGN-IN SHEET: (please print) NAME: ADDRESS: ST054659 NOTE: COMPLETION OF THE ABOVE INFO~TION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.