Meeting Minutes of August 11, 1981

Meeting called to order at 7:03 p.m.

Roll call – Present: Mr. Richard Jackson, Mr. Douglas Mayer, Miss Pheobe Cox, Mr. William Hardenbergh, Mr. Walter Brieschke. Employees present were Mr. John Nannie, Ms. Marsha Hartline and Mrs. Kim Forby.

Minutes of the previous meeting approved.

Customer Complaints: Status of settlement with Mr. C.E. Braden. Mr. Brieschke explained the right to privacy act to Mr. Braden. He understood and declined the right to an executive session. Mr. Brieschke explained that were was a tape recorder running to assist in minute taking and to assure accuracy. There was a brief review of the forgery accusation and attempts to keep the case out of court by settling with a reduced charge of $567.00. Mr. Braden brought a contract drawn up by his lawyer titled Agreement for Compromise an Settlement of Water User Fees and for Discontinuance of Water Service. Briefly, this contract:

1. acknowledges a dispute between Mr. Braden and the District.
2. that the District has documents purporting to be water user contracts numbered #60, 61, 62, 63 allegedly signed by Clifford E. Braden.
3.  Mr. Braden denies signing these documents.
4.  that the District has filed liens against Mr. Braden’s property.
5.  both parties agree to compromise and settle the dispute.
6. by making this compromise neither admits any fault or liability and Mr. Braden agrees to pay a compromised sum of $567.00 solely for the reason of settling the claim upon the following terms.
   1. Lien release within four working days after payment of compromise sum
   1. Original user contracts be voided.
   1. All taps sealed
   1. If water service is requested after the seal, that standard rate of normal installation shall apply.
   1. After execution of Agreement that Mr. Braden has no future liability for payment of fees for water service or leakage on his property.
   1. That by execution of this Agreement both parties agree that all disputes are resolved.

Mr. Brieschke requested that the above mention taps are also known as #133 and 134 be typed on the original contract to avoid confusion. Then Mr. Braden added that instead of paying the compromised sum to the District he required the Mr. Larry Lipe hold the Money Order until the liens of his property are released. Mr. Brieschke pointed out that it would be extremely difficult to have the liens released within four working days and Mr. Braden agreed to have th liens released within four working days and Mr. Braden agreed that it could be done as soon as possible. Mr. Brieschke also pointed out that it was highly irregular for an outside party to hold payment. Mr. Brieschke stipulated that when the taps were to be sealed that the corporation stops and meter wells be exposed and left so until he and Mr. Mayer could photograph them for the files.

Mr. Hardenbergh motion to approve the Agreement for Compromise and Settlement of Water User Fees and for Discontinuance of Water Service for Mr. Braden and that Mr. Larry Lipe hold the Money Order until the liens are released and Mr. Braden’s property. Mr. Jackson asked Mr. Braden “Do you want the taps sealed first?” and Mr. Braden replied, “No, that’s all right.” Mr. Jackson seconded the motion. Roll call vote – Mr. Jackon – yes, Mr. Mayer – yes, Miss Cox – yes, Mr. Hardenbergh – yes, Mr. Brieschke – yes. Motion approved.

The board is to issue a Work Order to seal Mr. Braden’s taps when the meter wells and corporation stops are exposed and Mr. Brieschke and Mr. Mayer have photographed them.

The contract was signed by Mr. Braden and all the Board members. It was notarized and sealed.

Financial Report for July submitted by Ms. Marsha Hartline approved.

Secretary/Treasurer Report submitted by Kim Forby approved.

Presentation of the bills – bills totaled $2,679.43. Motion to pay the bills made by Miss Cox and seconded by Mr. Hardenbergh. All approved to pay the bills.

Maintenance Operations Report submitted by Mr. Nannie.

Wall Maps – nothing.

Water Rate increase – SHWD has given no response to requests for information of rate increase. Mr. Brieschke is going to draft a letter to customers informing of a coming increase and that’s why it’s a necessity.

Alto Pass Water District meeting proposal – a $1 million government deal proposed to find a new water source and to provide BPWD with water.

Budget Committee – Mr. Mayer and Ms. Hartline were appointed to link the budget to the monthly expenditures.

Motion to adjourn made by Mr. Hardenbergh and seconded by Mr. Jackson. All in favor. Meeting adjourned at 8:26 p.m.