11/25/86 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 25, 1986 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, November 25, 1986, by President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance, and carried, the minutes of the November 18, 1986, regular meeting of the Board were approved. PUBLIC HEARING, ACCEPTANCE AND APPROVAL OF FINAL ASSESSMENT ROLL NO 2993 AND FILING OF REMONSTRANCE - CONSTRUCTION OF SANITARY SEWER ALONG RIVERSIDE DRIVE AND RIVERSIDE PLACE Mr. Leszczynski advised that this was the date set for the Public. Hearing for the purpose of hearing and considering all remonstrances as to the amounts assessed on Final Assessment Roll No. 2993 for the above referred to project as authorized under Improvement Resolution No. 3522-1986, adopted by the Board on February 18, 1986. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It was noted that Final Assessment Roll No. 2993 was filed with the Board on October 28, 1986. It was further noted that the total cost of the improvement as stated on the Final Assessment Roll is $144,692.74 with the total amount assessed to the City being $101,579.60, and the total amount assessed to affected property owners being $43,079.40. Mr. Wayne Werts, 1889 Riverside Drive, South Bend, Indiana, was .present and submitted to the Board a Remonstrance Against Sewer System for Riverside Drive and Riverside Place. The Remonstrance was signed by Wayne E. and Betty Werts, 1889 Riverside Drive, South Bend, Indiana, and stated that they are property owners affected by the installation of sanitary sewers and hereby remonstrate against installation of said sewer system, property assessment and Barrett Law funding. It further stated that this sewer system provides NO benefit, is NOT an improvement for their property and was NOT wanted. There being no one else present wishing to speak in regard to this matter, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Public Hearing was closed. As it was determined that the installation of sanitary sewers along Riverside Drive and Riverside Place are of local and special benefit to the lots being assessed rather than of general benefit, and the amounts of the assessments were amended from the Preliminary Assessment roll to reflect the final cost of the project, upon a motion -made by Mr. Vance, seconded by Mrs. DeClercq and carried, Final Assessment Roll No. 2993 was accepted and approved and referred to the County Treasurer's Office and the Barrett Law Office for final processing and the Remonstrance as submitted by Mr. Werts was accepted for filing. As Board Attorney Thomas Bodnar ask Mr. Werts a further question he submitted, upon a motion made DeClercq and carried, the Public was reopened. indicated that he would like to regarding the Remonstrance which by Mr. Vance, seconded by Mrs. Hearing regarding this matter In an attempt to clarify Mr. Werts' remonstrance, Board Attorney Thomas Bodnar asked Mr. Werts if he objects to the percentage of assessment against affected property owners and asked if it is his opinion that his assessed amount is incorrect. In response, Mr. Werts answered "absolutely." Mr. Bodnar then asked Mr. Werts if he was therefore saying that his neighbors should pay a bigger percentage to which Mr. Werts responded "no."