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04-05-12SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Manager Num__ ...__....____...._A ......_._w_..�.I...... Eric W. Schafer, President Chris Cefalu, Director Paul Sciuto, Assistant General Manager BOARD MEMBERS James R. Jones, Vice President Randy Vogelgesang, Director Kelly Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 5, 2012 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 5, 2012, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: President Schafer, Directors Cefalu, Jones, Vogelgesang, Sheehan STAFF: Solbrig, Sharp, Sciuto, Hughes, Hussmann, Attorney Herrema C. Stanley, Ryan, Thiel, Bledsoe, Curtis, Cullen, Van Gorden GUESTS: Austris Rungis /IEDA ROLL CALL Moved Cefalu/ Second Vogelgesang / Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as submitted: a. Temporary Help for Underground Repair Water - Approved contract with Substitute Personnel or Blue Ribbon for two temporary employees, in the estimated amount of $50,000; b. Temporary Help for Underground Repair Sewer - Approved contract with Substitute Personnel or Blue Ribbon for two temporary employees, in the estimated amount of $50,000; c. Temporary Help for Inspections - Approved contract with Substitute Personnel or Blue Ribbon for two temporary employees, in the estimated amount of $45,000; REGULAR BOARD MEETING MINUTES - APRIL 5, 2012 PAGE - 2 d. 2011 Cathodic Protection Improvement Project - Approved Change Order No. 1 to Exaro Technologies Corp., in the amount of $1,270.92; e. Approved Regular Board Meeting Minutes: March 1, 2012; f. Approved Regular Board Meeting Minutes: March 15, 2012. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION Six bids were received at the March 20 bid opening. After a careful review of all bids, staff found the apparent low bid, received from Doug Veerkamp General Engineering, Inc., (Veerkamp) was incomplete. The form required for project funding was not included with the bid as required. In addition, Veerkamp did not comply with the requirements for DBE (Disadvantage Business Enterprise) outreach. Staff recommend- ed that the Board find the bid from Veerkamp non - responsive for failing to complete required forms. Staff reported that Veerkamp acknowledged the bid contained omissions and would not protest its rejection. The second low bid, received from Thomas Haen Company, contained no bid irregularities. Staff reviewed the DBE submission and found minor irregularities, but it generally complied with bidding requirements. Staff recommended that the Board find the minor irregularities to be immaterial, and award the project to Thomas Haen Company. Moved Cefalu / Second Sheehan / Passed Unanimously to find bid from Veerkamp to be non - responsive and reject the bid. Moved Vogelgesang / Second Jones / Passed Unanimously to find minor irregularities in bid received from Thomas Haen Com- pany to be immaterial, and to waive immaterial irregularities; and to award project to the lowest responsive, responsible bidder, Thomas Haen Company, in the amount of $1,892,462.58. In response to the emergency declaration, staff has pursued permit acquisition, completed the design, and solicited bids from three contractors. Due to problems encountered with obtaining necessary permits from Lahontan and the Army Corp of Engineers, the window of opportunity to perform work in the river has passed since flows in the river have exceeded allowable levels (it must be flowing at 50 ccs or less for work in the river). Staff requested the emergency be continued to allow time to terminate the contract with Thomas Haen Company and reim- 2012 WILDWOOD WATER- LINE REPLACEMENT AND BAL BIJOU WATERLINE REPLACEMENT PROJECT UPPER TRUCKEE RIVER SEWER LINE PROTECTION EMERGENCY PROJECT REGULAR BOARD MEETING MINUTES - APRIL 5, 2012 PAGE - 3 burse them for costs incurred to date. The emergency is expect- UPPER TRUCKEE RIVER ed to be terminated at the April 19 Board meeting. Staff will SEWER LINE PROTECTION continue to pursue permits, go through the formal bidding pro- EMERGENCY PROJECT cedures, and hopefully complete the project by the end of the (continued) summer. Moved Jones / Second Sheehan / Passed Unanimously to continue the emergency action declared on January 5, 2012. Moved Cefalu / Second Jones / Passed Unanimously to approve PAYMENT OF CLAIMS payment in the amount of $1,421,807.05. Water and Wastewater Operations Committee: The committee STANDING COMMITTEE met April 2. Minutes of the meeting are available upon request. REPORTS Manager of Customer Service: Tim Bledsoe reported on the annual Technical Advisory Committee meeting held April 4, which was attended by four local contractors /plumbers. The main topic was the need to bring awareness of the District's rebate and conservation programs to customers. The next meeting is April 11. Staff will attend to discuss the District's 2012 -13 project funding requests, and the match for the IRWMP (Integrated Regional Water Management Plan). STAFF REPORT EL DORADO COUNTY WATER AGENCY REPORT Richard Solbriq reported on the District's Outreach presentation GENERAL MANAGER to the Kiwanis Club. Topics of discussion included: the Proposition REPORTS 218 process, water meter rates, and the Lukins water system. The presentation was well received and the District was complement- ed for the overall job it is doing. Chief Financial Officer: Paul Hughes reported on the Fire Preven- STAFF REPORTS tion Partnership grant application process . He also reported that the District's credit ratings were reviewed by Fitch and Standard & Poor's. A rating of AA+ was received from Fitch on both the water and sewer funds. Standard & Poor's gave an AA- rating on the water side, and increased the sewer side to a AA. The rating agencies were impressed that the District did not pull from reserves to cover budget shortfalls, plus the District's intention to raise rates was viewed as favorable since it sent a strong message that the District wants to keep its revenue intact. Assistant General Manager /Engineer: Paul Sciuto reported that Liberty Energy has asked the CPUC for a 10% rate increase. In the past, large energy users have joined forces and intervened in rate setting with the goal of reducing rates to those customers. REGULAR BOARD MEETING MINUTES - APRIL 5, 2012 PAGE - 4 Heavenly requested the District intervene with them and all their properties. Staff requested additional information and will communicate it to the Board upon its receipt. STAFF REPORTS (continued) 2:40 P.M. ADJOURNMENT TO CLOSED SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel- Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex ret. John Hendrix v. J -M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06- 0055 -GW, United States District Court for the Central District of California No reportable Board action was taken. b. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel- Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J -M Manufacturing, et al. No reportable Board action was taken. c. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Agency Negotiators: Austris Rungis /IEDA, Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Management Unit No reportable Board action was taken d. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Agency Negotiators: Austris Rungis /IEDA, Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Stationary Engineers No reportable Board action was taken. e. Pursuant to Government Code Section 54957 /Public Employee Evaluation Unrepresented Employee Position: General Manager No reportable Board action was taken. 4:30 P.M. RECONVENED TO OPEN SESSION AND ADJOURNMENT REGULAR BOARD MEETING MINUTES - APRIL 5, 2012 PAGE - 5 Eric W. Schafe'r, Bo d President South Tahoe Public Utility District ATTEST: Kathy Sharp erk of the Bo South Taho ublic Utility District >- Z J O U) W ZV O < < • w O Q we ZO Iz 1— O LL O� Op ww O• Q U0 f- Z Q- zo O a • >- mce w0 =Q N0 =z Q zZ 0 ce 0 U U Z