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HomeMy WebLinkAbout1963-10-29 Min - Board1_00 Truckee, California October 29, 1963 The members of the Board of Directors of the Truckee Public Util ity District met in a regular ] meeting at the office of the District on Main Street, at 7 : 03 P.M. Upon roll call the following Directors were noted present. Aweeka, McIver, Greenhouse, Spillner Absent: Kaspian Also Present-, F . Longo, M. Mldyett Guest: Roland B1 iss , Frank Francis, Fred Hodder The minutes of October 8, 1963 were read and approved. Mr. Roland Bliss respresenting Eve Popovich appeared before the Board in regards to Donner Trail Sub -Division. Mr, Bliss requested a sixty day extension in order to complete the sub -division. mgr. . Longo advised Mr. Bliss he had talked to the contractor sometime ago in regards to the pipe and nothing was done . Longo felt the contractor has been delaying the installation since trench was first opened Sept 2 7 th . Mr. Bliss told the Board the COntr actor has re- quested and extension and depends if the District gives Mrs. Popovich and extension. Longo stated he had talked to Mr, Evans and Mr. Evans had phoned the contractor, Robt . L . Helms,, pressing the contractor to expedite the pipeline installation. Mr. Bliss advised Chairman Aweeka this matter had been pending since 1962. Mr. Bliss went on to explain there had been considerable delay in getting approval from the planning commission and finally after the 3 rd special mmet ing it was turned over to the Board of Supervisors without an approval. Mr. Bliss advised the Board the contractor had 75 days in which to complete the tract. At this time Manager Longo advisedthe Board they should rely on Attorney Francis' judgement in regards to the 60 day extension, Mr. Bliss Stated the dates in contracts are spressure dates. He did state the subdivision was definitely going in and there would be no date Mrs. Popovich could not complete. Manager Longo felt that nothing could be done with the road at this time, Mr, Bliss stated the contractor had a club over Clements and they . could complete the road. Director McIver advised Mr. Bliss the road could not be built what with the weather being as it is . Mr. Bliss stated it would take three days of paving and they needed a week of good weather . _ Attorney Francis advised that there are several remedies when conditions of contract are not meet, Breech of contract, also damages involved. In order to compute the amount of damages the Board would have to decide how much revenue will be lost by the District. It is doubt- ful forfeiture would be a solution. Board would have to determine. If given extension of time Breech of Contract would be waived for only the period of time extension.' Attorney Francis advised Board not to make a decision at this time, Minutes October 29, 1963 continued but to wait and discuss it further. Attorney stated if Board were to grant extension and the tract was not complete in 60 days the District would be right back in the same position as they are at this time. Mr, Bliss the best way to sell the lots is by pre -sale, The homes would cost from $17 , 5 00.00 to $ 21, 000.00 . Chairman Aweeka advised Mr, Bliss the present Board of Directors are not happy with the PMUR preceding Boards dealings with Mrs, Popovich, Mr, Aweeka feels the Board gave Mrs. Opovich something for nothing, Mr . s Bliss explained to the Board that Mrs, Popovich' s cost for electric ,water and street light installati.onis $71, 593 , 00, so she is paying $3 , 500.00 per acre,. Mr. Bliss advised the sub -division will have the best waterand power system in the county. Director Aweeka stated there should be a penalty for the extension. Mr, Bliss advised the Board Mrs Popovich was not going to fight the Board and will give the Board a quit claim deed. Mr. Bliss feels Mrs.POpovich has done everything possible to finish the sub -division and there is definitely not failure to perform on her part. Mr. Bliss felt this was not the time or place to assess a penalty on Mrs. Popovich for somthing that happened sometime ago. Director Spillner advised Mr, Bliss as far as he was concerned the Board would 'not give Mrs, Pap©vich an extension or anything else. Mr. Bliss asked if vote was taken would it be no. Spillner said his vote would be no. Attorney Francis again advised the Board to take the matter under submission, Mr. Bliss advised the Board, if not given an extension, 36 lots would be sold tomorrow, and tye would go on to the second unit. Mr. Bliss asked Mr, Francis if Directors took time to consider would Mrs. Popovich beable to sell lots after November 1st. Francis answered yes* If given sixty day extension the deadline would be January 1, 1964, Mr. Bliss . stated if not completed in thirty days probably would not be completed in sixty days. Mr. Bliss was asked why he asked for a flat sixty days and his reason was he felt the job would be completed in three weeks , but if did need another week or so did not want to come back to the District and ask for another extension. Director Spillner suggested the Board call a special meeting before November 1, 1963. Mr, Bliss asked the Board if there would be better fellings within the District if Mrs .Popovich deeded back the second part of the sub-d iv is io'ln to the District. It was the agreement of the Board that the Special Meeting be held Thursday, Oct. 31, 1963 at 7 : 00 P.M. to to take the matter under sub-mis s ion . The following motion was drafted by Attorney Francis, Be it resolved that Donner Trail Unit #2 , - Eve Popovich party to the agreement dated the 10th of July, 1962 with the Truckee Public Utility District, be granted on extension of four working days, November l , 2 , 3 and including November 4th . That said extension does not alter the 102 Minutes October 29, 1963 Continued prov is ion of said contract in any way except for the extension of the provision and paragraph 3A of said contract Unit 1 to be completed not later than November 10 1963. Said extension expressly does not waive the time beyond November 4, 1963. Moved by Director McIver, Second by Director Spillner . Ayes: Aweeka,Mclver,Spillner,Greenhouse, Noes: none Absent: Kaspian. Mr, Bliss thanked the Board andlett the meeting at 8:45 P.M, Mr. Fred Hodder appeared before the Board inregards to the $1,000,00 still being held by the District. Mr. Hodder requested the board give him a decision at this meeting. Hodder showed the Board a map of Deerfield and explkined the flood damage, Mr .Hodder stated the culverts met county road specification. Discussion ensued concerning the Deed with Mr, Pfeifer, Mr. Hodder advised the problems with Mr. Pfeifer the District had did not have any thing to do G . E . Lewis, Hodder advised he had done every- thing he could to assist Mr. Longo in the Pfeifer matter. Director McIver felt it was a question of the damage being an Act of God or Workmanship. Director Aweeka requested Mr. Hodder to show the Board a letter from the road commissioner to Mr. Hodder with his approval of the road, at the next regular meeting of the Board. Mr. Hodder thanked the board and left the meeting at 9:45 P.M. Before Attorney Francis left the meeting discussion ensued -- regarding Donner Trail Sub -division. Mr. Francis advised the Board he would contact Mr . Bl iss' s attorney and would contact Mr . Longo and advise him before the Special Meeting set for October 31, 1963* The following statements of bank balances, bills paid and due were presented to the board for approval. ELECTRIC DEPARTMENT Balance in Bank 10-8-63 $ 7,097.14 Deposits to Date 10-29-63 13, 201.50 $ 20j298,64 BILLS PAID TO DATE Gross Net 0 .T . L.Best 47.33 Francis Longo 9.43 Alberto Nieto-Deposit Refund 20.00 Mary Carter - Deposit Refund 20.00 J . Giovannoni 192.50 148.69 L. Best 345.80 297.80 11.40 C . Tramley 237.60 189.19 M. Haltom 338.40 281 00 21.60 J , Elliott 123.20 71.54 Sierra Pacific Power Co. 9164974 Raymond Olson 15.00 10, 286.90 $ 11237.50 $ 10286.90 $33.00$10, 011.74 BILLS FOR BOARDS APPROVAL Masonic Temple Assoc. 70.00 Minutes October 29, 1963 Continued BILLS FOR BOARDS APPROVAL -continued Postmaster -Postage 50.00 Petty Cash 57.42 E .Aweeka-Dir Sal, -Sept,, 5.00 J.Mclver-Dir.Sal .-Sept. 10.00 C .Spillner-Dir .Sal . -Sept . 5.00 P .Greenhouse-Dir .Sal . -Sept . 5.00 202.42 $202.42 $*,809.32 OUTSTANDING B ILLS Sierra Pacific Power Co. $10,144.80 It was moved by Director McIver and second by Director Spillner the electric bills paid and the electric bills for boards approval be paid as listed, It was so carried. WATER DEPARTMENT Balance in Bank 10-8-63 $ 10236,80 Deposits to Date 10-29-63 2 , 816.18 $ 4 , 05 2.98 B ILLS PAID TO DATE Gross Net O.T. Francis Longo 9.44 E . Hintz 34.69 M. Midyett 190.00 147.01 J. Elliott 127.40 121.45 4.20 E . Hintz 330.01 280.61 35.21 Dave Viou 291.25 224.54 75.00 817.74 -- $938.66 $817.74$114.41 $ 3, 235.24 It was moved by Director McIver and second by Director Greenhouse thewater bills paid,be paid as listed . It was so carried. Managers Report Manager reported he had remvdived maps from Mr, Vickfor the Prosser Lake Heights line and had sent copies to the Division of Highways in Marysville. Manager advised Karl Kuttel figured it would cost around $4 , 000.00 to do the clearing. Time being of the essence manager thought it advisable to payroll the crew doing the clearing instead of advertising for bids which would save twenty four days, Director McIver thought it would be better to hire someone to do the line and manager advised it would cost more to hire lineman then we pay our own . Director Spillner wanted to know where the money was coming from and manager showed a. telegram from B izz Johnson regarding the REA loan. Manager advised the line will take twenty days to build and clearing can be done in fourteen days. It was moved by Director McIver and Second by Director Spillner Manager be given authorization to go ahead with clearing. Inregards to the Substation site survey Chairman Aweeka suggested it be shel fed for awhile. It was so agreed by the Board, Manager Longo read Resolution 6312 regard�p# authorization to borrow $35, 000.00 from the Bank of California. Minutes October 29, 1963 continued It was Moved by Director McIver and Second by Director Spillner that Manager Longo be given authorization to $ 3 5 , 000.00 from the Bank of California, r Roll Call vote: Ayes: Aweeka, McIver, Spillner Noes: none Absent: Kaspian. It There being no further business to be brought before the Board the meeting was adjourned at 10:45 P.M. iW�J lam+ "-i � Edward N. Aweeka, Chairman i. M. Midyett-Recording Secretary 312 ANrA-'RESOLUTION NO* r►/ of TRUCKEE PUBLIC UTILITY DISTRICT AUTHOR IZ ING THE BORROWING OF MONEY WHEREAS, it is necessary for said Truckee Public Utility Dis- trict to expend funds for the erection of certain electric lines and grater main, and WHEREAS, the Public Utilities Cade of the State of California provides , among other th i.ng s , for the borrowing of money and incurring indebtedness, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TRUCKEE PUBLIC UTILITY DISTRICT, .ag follows: 1. That it is in the best interests of said District and the inhabitants and residents thereof that said District barrow funds to defray the costs and expenses incurred by said District in extend- ing its electric lines and water mains. 2 . That the sum of $ 35.,, O-Mo 00 is necessary to defray said costs and expenses, as aforesaid, and the borrowing of said amount is hereby authorized and approved. 3. Said sum shall be borrowed from the Bank of Cal if©rni.a # N .A. Auburn, California; interest not to exceed 4/ per annum; interest payable annually; principal due and payable ire_ equal annual payment installments, $ 7 , 5 00.00 which payment includes interest. BE IT FURTHER RESOLVED: 1. Edward N . Aweeka , President of the Beard of Directors, and Francis Tango, clerk of said Board and General Manager of said District, be and they are hereby authorized to execute in the name of said District to said Bank, a promissory note of said District for said sum, payable as aforesaid. 2 ® Copy of this Resolution, duly certified, shall also he delivered to said Bank . Passed and adopted this 2.9th day of October , 1963 by the following vote Ayes: Aweeka, McIver, Spinner Noes: None Absent: Kaspi.an TRUCXEE P DBL IC LET IL ITY DISTRICT By,i4 )�,V-' I iesident of the Beard of Directors ATTEST: Clerk and ex -cuff ici.o secretary thereof* 23th day of October 1963,