03/10/1980 Board of Public Works Minutes

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RM REGULAR MEETING MARCH 102 1980 A regular meeting of the Board of Public Works was convened at 9:35 a.m., on Monday, March 10, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. McMahon reported that the minutes of.the regular meeting of March 3, 1980, had been reviewed, and Mr. Kernan made a motion that the minutes be approved as submitted. Mr. Hill seconded the motion and it carried. PUBLIC HEARING ON ASSESSMENT ROLL NO. 2985 - PHILLIPA STREET SEWERS This being the date set, hearing was held on the Assessment Roll for the Phillipa Street Sanitary Sewer Project on Phillipa from Calvert to Highland, authorized under Improvement Resolution No. 3473, 1979. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon indicated that the cost of the improvement in the preliminary assessment roll had been $69,391.64, and the final assessment roll figure was approximately $3,000 less than that. He explained that this was the reason why the assessments were somewhat lower than what was originally advertised. He estimated that the assessment per lot would probably range from $60 to $70 less than the preliminary. Mr. Jack Young, 1713 South Phillipa, indicated that he owned three lots on Phillipa and his total assessment amounted to $1,765.65. He explained that he had also incurred about $700 in damage to his sidewalk, curbs and the trees in front of his home as a result of the work done by the contractor. He submitted photographs to the Board showing the damaged property. Ile stated that the street was still barricaded and the project was not completed. He felt it was unfair for the residents to be assessed when the project was not finished satisfactorily. Mr. McMahon assured the residents that the city was aware the project was not completed, and for that reason, the contractor would not be paid. He explained that the assessment roll was being approved this date in order to establish the final assessment roll figures so that some money could be advanced to the suppliers of the materials. He stated that the city would be holding approximately $40,000 from the contractor because the work was not completed. He stated that the Board realized that there are curbs that will have to be replaced. He explained that Hillside and Highland go from Phillipa to the west approximately 160 feet and not through to Olive Street. Mr. Young questioned the amount of his assessment when his neighbor, who owned three larger lots, had a lower assessment. A computation was made of Mr. Young's assessment and that of his neighbor, Louis Wesszo, and it was determined that an error had been made in the assessment for Wesszo and one of his lots had not been included in the total amount. Mr. Young again stated that he did not feel the property owners should be assessed until the project was completed, including the repair of the damaged curbs, sidewalks, etc. Mr. McMahon stated that, if a property owner wanted to sign a waiver to finance the assessment over the five -year period, the first time a payment would be required would be in the fall. He indicated that the Board could always hold up the filing of the assessment roll in the Treasurer's Office so that it would not be documented with the Barrett Law Clerk until all the work was completed. He stated that, in this way, no one would be charged any interest on the amount and there would be no penalty to pay. Pars. Louis Wesszo, 1718 Phillipa, asked about the hook -up, and Mr. McMahon indicated that the Engineering Depart- ment would be available to help with the hook -up and location of the taps if the residents desired. Mr. Young wondered if the property owner could accomplish the hook -up rather than having to