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05-03-12c SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Eric W. Schafer, President Chris Cefalu, Director 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 MAY 3, 2012 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 3, 2012, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ID BOARD OF DIRECTORS: ROLL CALL President Schafer, Directors Cefalu, Jones, Vogelgesang, Sheehan 0 STAFF: Solbrig, Whalen, Sciuto, Hughes, Cocking, Hussmann, Attorney Herrema Moved Jones / Second Cefalu / Passed Unanimously to CONSENT CALENDAR approve the Consent Calendar as submitted: a. Diamond Valley Ranch Irrigation Improvements: Accepted the cost proposal from Hauge Brueck Associates to conduct a Wetland Vegetation Survey, in the amount of $5,345; b. Temporary Collections Help for Customer Service: Approved contract with Substitute Personnel or Blue Ribbon for one temporary employee, in the amount of $23,000; c. Approved Regular Board Meeting Minutes: April 19, 2012. ITEMS FOR BOARD ACTION The Tahoe Keys Property Owners Association (Association) requested Brownstein to assist with negotiations and draft water service agreements with non - member commercial customers DISCLOSURE AND WAIVER OF POTENTIAL CONFLICT OF INTEREST e 0 REGULAR BOARD MEETING MINUTES - MAY 3, 2012 PAGE - 2 and advise the Association on reorganization so the water utility is a separate entity. These matters are unrelated to the District and do not pose a direct or indirect conflict of interest; however, by concurrently representing both the District and the Association there is a potential for a future conflict. If a conflict were to arise in the future between the District and the Association, the Association is waiving its right to object to Brownstein representing the District against them. The waiver is required by the California Rules of Professional Conduct prior to Brownstein being able to represent the Association and ensures full disclosure to both the District and the Association. Staff has approved the Consent and Waiver agreement. Moved Vogelgesang / Second Sheehan / Passed Unanimously to authorize the General Manager to sign a Disclosure of Relationship and Waiver of Potential Conflict of Interest to allow Brownstein to represent the Tahoe Keys Property Owners Association in two matters unrelated to the District. Moved Cefalu / Second Sheehan / Passed Unanimously to approve payment in the amount of $1,965,034.28. Water and Wastewater Operations Committee: The committee met April 30, 2012. Minutes of the meeting are available upon request. Finance Committee: The committee met today, May 3, 2012, to discuss the Marriott sewer issue and the statute of limitations for sewer service charges. Marriott has discovered they have been overpaying for the last ten years. Staff and the committee concur with Marriott and terms are being discussed for repay- ment. Director Jones reported on two items: (1) Will be attending the spring ACWA conference on May 8, 2012; and (2) Gave an oral update on the bill regarding MtBE polluters. Director Schafer gave an oral report on his attendance at the spring CASA conference. He will provide a written report by the next Board meeting. Director Vogelgesanq reported on his attendance at the first meet- ing of the Oversight Board to the Redevelopment Agency. He also requested a consensus of the Board regarding the Loop Road project currently in the planning stage, and inquired if the Board thought a District representative should attend these meetings. The District could have substantial facilities in the project area that may have to be relocated at the District's expense. DISCLOSURE AND WAIVER OF POTENTIAL CONFLICT OF INTEREST (continued) PAYMENT OF CLAIMS STANDING COMMITTEE REPORTS BOARD MEMBER REPORTS 0 REGULAR BOARD MEETING MINUTES - MAY 3, 2012 PAGE - 3 It was the consensus of the Board that a staff member should attend the next Tahoe Transportation District meeting on May 4, 2012, at 9:00 a.m. Director Jones reported the agency met on May 2, 2012. The meeting consisted of budget issues and discussion on legislation. Customer Service Manager Tim Bledsoe reported on the status of Proposition 218 protests. To date the District is in receipt of 1,472 valid protests which equates to approximately 7.6% of customers. 2:43 P.M. BOARD MEMBER REPORTS (continued) EL DORADO COUNTY WATER AGENCY REPORT STAFF REPORTS ADJOURNMENT TO CLOSED SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Present for this Close Session: Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Management Unit No reportable Board action was taken. b. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Present for this Close Session: Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Stationary Engineers No reportable Board action was taken. 3:05 P.M. ATTEST: — Air. -4 Kathy Sha •, Clerk of th-'Board By Chris W alen, Assistant Board Clerk South Tahoe Public Utility District RECONVENED TO OPEN SESSION AND MEETING ADJOURNEMENT Eric W. Schafer, Bo oouth Tahoe Puol v rd President Utility District DATE: J "3 _' 31, - 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.