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HomeMy WebLinkAbout1973-04-30 Min - Board APRIL 30, 1973 The Special Meeting of the Board of Directors of the Truckee-Donner Public Utility District was called to order by Roy Waters at 7: 30 p. m. in the conference room. ROLL CALL: H. Loehr, absent; D. Anderson, present; N. Stone, present; R. Anderson, present; R. Waters ,, present. GUESTS PRESENT: Jeanne Sollen, Jack Houlgate, Lauren Russell, Robert Sutton, John Craig, Robert Holley. EMPLOYEES PRESENT: Paulus, Kinzie, Krajewski, Silva. ROBERT HOLLEY' S LEGAL OPINION ON HENRY LOEHR' S VOTE Mr. Robert Holley, a Tahoe City attorney, presented the Board with a copy of his report on Mr. Loehr' s challenge at the meeting of April 24, 1973, by a local citizen. He was asked to determine if Mr. Loehr had an adverse interest in Martis Valley Estates to require him to legally obstain from voting on the Sierra Pacific Power lease agreement. The two questions concerning conflict would be that the cost for ex- tension lines would be lessened by the Sierra Pacific lease and the rates would be less expensive. Regarding the extension, there is a contract signed and paid- for to provide service to Martis Valley Estates . Also, the eight parcels of real property is not sufficient to bring him out of the class of general public. He has a dilute type of interest which is not any more sufficient than any of the other Board members or public. The fact the the kilowatt rate is lower with Sierra Pacific will effect the entire District. Mr. Holley re- marked that he put only the facts in his report that were submitted to him by George Cattan. If by chance additional facts should come up, he would be happy to put an addendum to the opinion he has presently submitted. PROSSER LAKEVIEW ESTATES - Roy Waters explained that due to illness, Mr. Cattan was advised by his physician to leave the area and was not able to appear before the Board to present the Prosser Lakeview Estates papers. Mr. Houlgate spoke in behalf of Truckee-Tahoe Lake Estates. He presented correspondence, Minutes , and Resolutions stating power will be supplied in back lots of Units 1, 2, and 3 of Prosser Lakeview Estates. The original electric agreement for Units 1, 2, and 3 was such that the power would be supplied on the rear of the lots to hide unsightly power lines . Now the District would like to place the poles in the roadway for easier maintenance. Although there was no written contract, Mr. Houlgate felt putting the poles on the roadway is a breach of policy and does not show good faith. The clearing of the rear lots was done at the expense of the lot purchasers and was included in their assessments. This money .has : been paid and the rear lot easements have been cleared. Regarding the water agreement, Mr. Houlgate told the Board that the PUD told the subdividers of Prosser Lakeview Estates they would have to pro- vide and install a water system which also entailed providing a well. The well construction went to A. Teichert and Son who in turn engaged a well driller. The driller had a delay in finishing the well and the subdivision was completed with no water source. The subdividers came to the PUD and asked them if they would allow Prosser Lakeview Estates to tie into the water lines and pump at Prosser Lake Heights at their expense until their well was completed. This was agreeable to the District. They then installed an 8" or 10" line from Prosser Heights to Prosser Lakeview Estates and used the PUD' s facilities. Mr. Houlgate explained Page 93 Prosser Lakeview Estates . . . , . . . . .continued. . . . . . . . . . . . . . . page two that before the contractor can be paid on the job, it is necessary for the job to be completed. When an Assessment District is paying for the work done on a subdivision, it is necessary for a public hearing held. The public hearing was set for a morning session on August 29, 1967. The subdividers made a plea to the Board of Supervisors asking them to have Teichert complete the contract as it should have been. The attorney for Teichert, Mr. Allen, presented a letter from the PUD manager, Mr. Longo, stating although the well was not completed, Teichert should still be paid for the work that they had done. The County Counsel told the subdividers at a noon break that he felt they didn' t have anything to worry about because it was the feeling of the Board that when a contract was at stake, they will require the contract be completed. After the noon break, the meeting was reconvened and the County Counsel told the Board of Supervisors that at the break Mr. Allen had phoned Francis Longo and he had told Mr. Allen the PUD had sufficient water to provide Truckee-Tahoe Lake Estates so that there was no need to complete the $36,000 well that would have been turned over to the District when completed, The County Counsel said at this time he saw no need for Teichert to complete the well if the PUD did not need it. As a result of this, it cost the subdividers $27,000 for a hole that was useless which was being built for the PUD, When asked why they didn' t persue the matter further, Mr. Houlgate told Roy Waters that after the final map is filed then the subdividers have no more control over the contract that is going to put in all of the facilities on the property than the average citizen because the contract is under the County Auspice and is under the County Engineer and they provide the inspection and provide the enforcement of the contract. They have no way to Enforce the contract unless they go before the Board of Supervisors which is what they did. Nelson Stone earlier moved to complete units 1, 2, and 3 as originally agreed, on the rear of the lots, and asked if his motion would die due to lack of a second. Units 4 and 5 will be taken care of when the present owners desire power. The motion was seconded by Director D. Anderson, ROLL CALL: H. Loehr, absent; D. Anderson, aye; N. Stone, aye; R. Anderson, aye; R. Waters , aye. Since Units 4 and 5 have been sold to Lakeworld who in turn have sold them to individual buyers, no one body has agreed to clear the rear lots for power line installation. The matter of where the lines will be constructed will be handled when the owners have been contacted to find who and to whose expense the rear lots will be cleared. There being no further business to come before the Board, it was moved by Director R. Anderson and seconded by Director Stone that the meeting be adjourned. All aye; motion carried. The Special Meeting was adjourned by President, Roy Waters , at 9: 17 p, m. The secretary was excussed and the Directors and management remained for an executive session. i r BY• ROY V17S. PRESIDENT OF THE BOARD MERRILYN KINZIE, ECORDIN ECRETARY Page 94