HomeMy WebLinkAboutMINUTES - 03261985 - 1.58 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 26, 1985
SUBJECT: SUBDIVISION MS 210-78
Specific Requests or Recommendation(s) & Background & Justification
RECOMMENDATION
Refer debt of George E. Phillips to County Counsel for collection.
FINANCIAL IMPACT
The cost to the County to complete the improvements for Subdivision MS 210-78 was $21,988.89
which was taken out of the County General Fund. This cost has been reduced by the following:
(1) $1,000 cash deposited by the subdivider; and (2) $9,400 paid by the subdivider's
bonding company. This leaves $11.,588.89 to be collected and returned to the County General
Fund.
REASONS FOR RECOMMENDATION/BACKGROUND
On October 5, 1982, the Board authorized the Public Works Director to arrange for the
completion of the improvements for Minor Subdivision 210-78 which the subdivider, George
E. Phillips, had not constructed. We then prepared a contract bid package and awarded it
to the lowest bidder. After the contract work was complete, we billed Mr. Phillips for
the cost of the total project less the cash deposited by Mr. Phillips and less the amount
paid by the bonding company.
On July 25, 1984, Mr. Phillips wrote a letter protesting the bill and requested that the
bill be discounted and that he he allowed to pay the balance in monthly installments.
As a result, on January 30, 1985, we sent a letter proposal to Mr. Phillips outlining a
payment schedule which would have required Mr. Phillips to pay approximately one half of
his debt on or before March 1, 1985, and allow the remainder of the debt to be paid in
monthly installments, interest free. Our letter proposal to Mr. Phillips requested that he
respond in writing before February 15, 1985.
We did not receive' a reply before February 15, 1985, however on February 20, 1985,
Mrs. Phillips called and said they did not answer the letter proposal because they .have no
money and cannot pay. Two days later, she wrote us a letter (copy attached) basically
restating the inability of the Phillips' to pay the bill.
Since the Phillips' have not paid their bill, even with the ample time given t and with
an installment provision, we recommend this matter be referred to County Co e .
Continued on attachment: yes Signature-
Recommendation of County Administrator ecomme tion of Board C6mmittee
Approve Other:
Signature(s):
Action of Board on: MAR 2 6 1985 Approved as Recommended 4-,-Other—
Vote
-,-OtherVote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
r/Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: Attested MAR 2 6 1985
Orig. Div.: Public Works Department (LD) HIL BATCHELOR, CLERK F
cc: Public Works Department BOARD AND OF SUPERVISORS
Land Development COUNTY ADMINISTRATOR
By �_, DEPUTY
bo:210.t3
l
'. ( I Fl -x7 PS 4110-1g
` STATE"LICENS.E NO.230954
GEORGE E. PHILLIPS
GENERAL CONTRACTOR ` ' '\Y,t
P.O.BOX 685 R E G E
LAFAYETTE.CA.94549
415 254-6223 FEB2 51985
February 22, 1985 LAND DEVELOPMENT DIV.
PUBLIC WOfis,S DEPT.
Public Works Department
651 Pine Street
Martinez, California 94553-1291
Attention: Dave Jewett
Dear Mr. Jewett:
I apologize again for not replying to your letter of January 30 by
the suggested date of February 15. Your repayment schedule sounded
so impossible I could only respond with an extended groan.
As I explained to you on the telephone our only sure income at the
present time is from Social Security. Hopefully the minor subdivision
which my husband is developing on Crestview Terrace in Orinda, on
property that our son purchased last year, will work better for us than
the other minor subdivision on Crestview Drive which drove us to the
brink of bankruptcy. However, there have been so many unanticipated
major costs in developing those few lots that it might not be a profit-
able enterprise at all for us.
I'm sorry to sound so poor, but we have no property left, and we have
no money left. We have been living with.)our daughter in Lafayette
since we sold our home two years ago. Since that house had become so
heavily encumbered during those recent times that life was not working
for us we received very little cash out of it, and we were not able to
pay debts that my husband still believes he can liquidate. Fortunately
he is blessed with good health, a strong will, and, best of all, a high ;
sense of honor and pride.
I wish I could say something definitive. We have learned to accept those
things we cannot change, and we remember with gratitude when life worked
better for us and we had the opportunity to enjoy luxuries that many
people never experience.
We wish to add that County's charge for $5,960.17 remains unacceptable to
us. . Gallagher & Burke simply paved over the existing road, and did not
follow the engineering plan for which we were charged.
With kind re '
Martha V. fbillips