CCMtg09-20-82iANQ.OCD CITY CCMRSSIGN
SGPII~I1BQt 20, 1982
Presmc: Mayor iAn,am
cm,daaia~er GranC
Camdssimer O'Leary
Cmmissimex Pappas
Camdssinner Uskert
David Cliacey, City Adidniseratnr
Marvin Rooks, City ACCOmey
irsrald Terey, City Clerk
1. Nuyor Iurmazm called Hie meting to order. Imocacim follwed by Pledge of Allegiance
co the U~ieed Braces Flag.
2. Approval of MiCVCes, 9/13/82 Ragutaz Meeing. Motion by Camdssiona Uskert, seconded
by Camussimer Pappas [hat minutes o£ 9/13/82 be approved as suhm:tted. [+otim curied
by wise mote.
3. ruyor inrvrmm presented a Certificate of Appreciatico eo Mr. Siabon Farrell fox his
contribueion [o the City of Iongwod as a member of the Codes FT~Eoxcemmt Yoazd.
4. Resolution No. 4]9 - amending Resolution tb. 473 (Orate Avsue Paving Assessment Roll).
Tic. Rooks read by title sid said that during the equalize con board hearings, tto property
cased fray pazt or all of the paving assessmene because they ttad previwsly
paid forty e paving of ttat portion of their property abutting Grant Street. Mr. Rooks
said thae Resolution No. 414 had established the policy of Che Cartnissi.on Yo excuse aaners
of corner Loes vdm had previously paid 45 percent pavtng as mane for an areerial or
collecror screec from arty further paving assesment. Th. Rooks said that Vivian Parker
eausly excused fron paving assessment for 150 feet of Orange Avenue and that
-emey W. and Helm Lafferty were excused fran paving ]5 feet of Orange Avenue. ltr. Rooks
said he regretted chat an error ems made but said it could be iarwise to make m exceptim
to Ciry policy and excuse Hsan because other properties weld be icrvOlved later and their
mould request siudliar exemption. Mr. Rooks said Co be eligible, boHi wmers could
have been requtxed eo pry 45 percent and they ail.y paid 33 1/3 percene fox paving of
Grant Streec.
5. Cr~ssicnex Uskerc staeed that he felt respmsible fox the vdstake bemuse be tied
brought Hie matter up dicing the egwlization boazd hearings. He said he ThoughC the
people wwx~e eligible eo be excused hue the percentages of assesmimes previously paid
For Gtaz~t Raeet was not discussed. N¢s. Helm FJaquer, daughter of 1~4s. Nelm Iaffaty,
said the Gmnission had promised her Ibther Hue she veld be exccvsed fran paving Orage
Avenue and she objected to Che Ca¢nissim~ changing Cheir minds. Mrs. Flaquer said she was
shown a docimene ere ling following the eyualiza on boazd Uat indicated her NoClia
excused from paymenceof paving assessent for Orange Avenue. Th. Stanley Yazker said
hesttad also been excused fran paying for paving assessment For 150 feee and he objected to
the Camussion changing eheir minds. Mr. Parker said [tat a Serge part of his land was
useless and he did not believe his propesty Fad hem iz~roved by the paving of Orange
Av¢w Mayor Inxmmn said she wa sorry chat an made and said she was no
rr=.^ how ie should be correcceds Nk. Pnoks said thaC [he policy tad to be applied
wifonuly eo all cieizen Camdssioner O'izazy asked about the City's legal position
and Mr. Pnoks aids was a genuine mistake, the City wdd nor be legal.Ly n ecluded
fran correceing Hu error.
6. Conmissioner Giant said he Imea thaC ex ing Mrs. Iaffxry and Mr. Parka' was no
cording to City policy and said he had ra sed his hand to cry so bnt Hie[ he was no[
recognized. Mrs. Helen Lafferty said she had planned m pay for ehe assessmenC all
along uneil she was [old cbae she would be excused and she did no[ believe iT was proper
for Che Ciry eo nw change their mind az~d said she felt that she had been led dom the
gazden perch.
7. Commissioner Pappas said rhae since the G fission bad node an error, they should
honoe their xnrd and absorb the costs and that in the fvnse, the Cmmissiw should
read the ordinm es before ex sing anyone. Cmmissiwer Uskert said he did not
agree Hat excusing the Iaffextys and Porkers mould be the proper thing to do.
Mayor Iorna<m asked what effect [his would have w others med Mr. Rooks said [he
law muse be applied the scone to everyone. Mayor Innrcus said she felt the sam as
Ttr. Pappas.
8. Camussiwer (,rant suggested thae the Crnmission listen to the tapes of the
equalize can board heazing Co see what was said. He said Che Camdssion cazt'C prardse
e thing mtl do another. Cvmti.ssimer Pappas said he agreed with liscming co [he
tapes. Gmndssiwer Uskert questioned the value of liscming to the tapes and said
there was no doubt about wtvat xas said and the. City had already actmwledged Hoc a
miseake had bear made. Camdssioear Gerrit said Crane Street was paved before tars.
Lafferty mrved there and is knee chae it was wly assessed ae 1/1 of the costs.
Cwmdssiawr Uskert told Carznissiwer (,toot that if he was aw e ttac Grant Street
ssed at 1/3 the costs and if knew Heat the Laffertys mid Pazkers were not
eligible co be excused fran paying, he shold lave said sarething ac that cum
Cmmi.ssiwer O'Leary said he did not knot that Listening to the tapes mould help
calve the pmbl~ bue if thetapes discussed 1/3 paving assessmaes, fie ndghe be
helpful. Catrmssiwter Uskert asked Mrs. Lafferty if she arced the property iem
Grant Street assesmmts wue made and MEs. Fiaquer said she arced the property at
the time and lacer sold it to her paxmts and said she included the paving costs
to the price of the loc. Camri.ssioner Uskert asked if the contract said so mtd Nos.
Flaquer said sbe ehought trre deed said the lots and costs. Mayor Lonrmm said agreed
trot the Gmnission should listen co the rapes.
9. IMeiw by Ca~mi.ssioner Uskerc, secwded by Commissioner Pappas thae Resolutiw
No. 479 be tabled and chat the Gmnission listen to the tapes of the equalization
board heazings. Ibeim carried by unaruaaa roll tall voce.
10. Mr. St~l.ey Yorker said he emderstood chae property wmers of Ormtge Avenue were
plea bazgai.Ltirp, with the Cmndssi.on and said that they did not want the street paved.
He said he tttwght checwcessiw o ctarge him for 1/2 the assessupnt was a
resulx of the City's bargainiLtg jwctas uas the City's decisiem w reduce the width
of the s¢ and m add side walks. Mr. Pazker said it did roc matter xRm awned the
property wren it was assessed because ehe assesmmt was made m the property.
11. Resolution establishing new bmk accurst for Irntgrood Police IJeper'tlnmt C>nfis-
w Ford. Mr. Rmks said HSS was a esolueion auHtortzing the bmrlc
ma apecifymg who wa,1.a >>e aneln~zea c~ sign the thecks. c®iasiwer
IlskerCtquesciwed why the Chief of Police and the Ciry Clerk uwld sign and Mr. (lacey
said the Confiscation Fwd was a fwd Hat emest be sport w bekalf of the police
deparbmmt and required two signatures eo sure chat expmditt¢es were proper.
Mr. Rooks said the fiord had to be administered in accordance with cim~mt sta e .
12. M1btiw by Camassimer O'I.eazy, s coded by Cmmissioner Ilskert trot Resolu[i.m
be passed. Notion carried by unmiimssrroll call mote.
13. City AeLtdxriseraeos's Report:
Mr. enacey made a report w the progress of the double rata
and said that progress was being made. The next meeting mould be heldoeocdiscvsse
the public wxks area ehis week. Commissiwer Cranc said he thwgpt the Casty
was delaring acti.w and said he felt. the mly solution would be to go co Mayor
Innomm asked Ftr. Chacey iE he mould be available for a work session w Nedusday
and Mr. Qacey said he mould be at the double caxan.w meeting but said that tk.
exyanr would be ae treeeing.
b. Fk. Chacey said he had calked wieh Mh. Heme, Che attorney of Mr. Nicarry
ming the City acquiring a drainage easarmt £or Uie M¢rd Iake thairage Yroject. Tk.
Clacey said Ne ateomey had indicated Htac Mr. Nicarey wanted $12,000 fox the easment.
Mr. []acey asked the Cwrassion e auHwrize him o proceed negoCiating For [tut figise
if necessary but Nat he mould aamq~[ co work a beCCer o Mr. Chacey said he tad
other alcemaeives bue said this csa as by faz the less expmsive. Camdssioner GYant
asked if Mr. Nicarry's broNer had agreed [o Hie $12,000 mid llr. Chacey said he did noC
knw since Ne offer cane fran Mr. Beme, Che ateomey. Cwmd.ssioner O'SFary asked if
this was Ne last easmmnt required zmd Mr. CFacey said he still needed a 50 fooC ease-
ment from Mtr. iux.
14. Nbtim by Cgmdssimer Gtant, secondad by Commissioner Pappas to authorize Mr. (IUCey
negotiaCing with N¢. Nicarry for a drainage easmenT for Ik~d take wt ro
exceedC$12, 000.00. Notion carried by nmmivrues roll call voce.
15. City Aetomey did not have a report.
16. Mayor and Cwndssieners Repores.
Gmmissioner O'Leary said M had Callced with Linda Zike mid she had agreed
to coneimie enving m the Cordes FJtforce~me Eoazd. Motion by Ctmoi.ssioner O'I¢ary,
corded by Camassioner Grant Hat Linda Zike be reappointed to the Codes fhforceopnt
Hoard. Mk+tion carried by a awvmous roll call mote.
1]. Tne Camdssim adjoianed at 8:30 p.m
nayo
AITESL:
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