07/19/19711
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. A meeting of the
was called to order in
1971 at 8:20 P.M. The
July 19, 1971
Board of Local Improvements of the Village of Deerfield
the Council Chambers of the Village Hall on Monday, July 19,
secretary called the roll and reported that the following were
Present: George Kelm
Werner E. Neuman
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: Bernard Forrest, President
Charles R. Bootz
Albert E. Brust
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Mr. Neuman moved, seconded by Mr. Kelm, that Mr. Turner be appointed President
pro tem. Motion carried unanimously.
Resolution Approving Final A resolution was presented approving the final
Payment S/A 107, Voucher 15- payment for Spe ftal Assessment No. 107, and
$4642.60 to Geo. Kennedy Const. authorizing the issuance of Voucher No. 15 in
Hold Harmless Agreement the sum of $4,642.60 to George W. Kennedy Con -
Require $412 Escrow -Moen Claim struction Company, conditioned upon execution
and receipt by the Village of a Hold Harmless
agreement from Mr. Kennedy.
The manager reported the Hold Harmless agreement had been received, signed
by George W. Kennedy personally and on behalf of the George W. Kennedy
Construction Co.; Inc., and assuming the entire responsibility and liability for any
claims arising from work completed under Special Assessment No. 107, Hovland Improve-
ments. The manager stated he and Mr. Kennedy had inspected properties where claims
had!been'f le6.,- kndo.the only valid claim., that of Mr. Armand Beloian, had been paid and a
release obtained, and a waiver of lien had been filed by William Fry.
Mrs. Albert Moen, 200 Fairview, asked that payment to Mr. Kennedy be witheld
until her claim for damages has been paid. She stated she had filed a claim several
years ago, followed by a letter this spring to President Forrest, and had heard
nothing from either the Village or the contractor. She stated the Geo. W. Kennedy
Company had encroached upon her property when the Laurel Avenue sewer was installed
and removed several trees, and a flowering crab was removed needlessly when the stubs
on Fairview Avenue were installed. She stated this information could be verified
by the Police Department and several Village officials who she had called to see
the damage. Mr. Kennedy stated the trees that had been removed were in the rightpf--
way, a statement denied by Mrs. Moen.
Discussion was had on the list of claims filed, and Trustee Slavin stated
it seemed evident that only the Moen and Schultz claim were still open. Mr.
Schultz had not appeared to press his claim, and the manager stated Mr. Kennedy had
done more than required when he had his men dig up the evergreens which were on the
right -of -way and place them on the Schultz property. They were planted by Mr. Schultz
but died, and therefore no claim was justified.
Mr. Slavin moved, seconded by Mr. Kelm, that the resolution be adopted, and
issuance of the final voucher in the sum of $4,462.60 be authorized to George W.
Kennedy Construction Company, provided Mr. Kennedy sets up an escrow of $412 for
adjudication of the Moen claim. Adopted by the following vote:
Ayes; Kelm, Neuman, Slavin, Turner (4)
Nays,; None .. (OJ
1`�r. Ke] zg�goyed... s. econded;.. fiy: �Ix .,.,8laviu�..that..the..ecro.be limited to a
period of six months, which would provide adequate time for adjudication.
Motion carried unanimously.
Re: S/A 108 Mr. Greengard, engineer for Special Assess -
Hovland Improvements ment No. 108, reported that most items shown
on the July 6 check list had been completed
by Mr. Zera, but parkways are not satisfactory. In some cases weeds constitute
90 percent of the growth and only 10 percent grass. On lots where there are
residences and the owner has taken care of the parkway, the grass is satisfactory.
He stated the reseeding must be put off until fall, and recommended that $15,000
be retained to cover the cost of work still to be completed.
Mr. Marshall Roche, attorney for Mr. Zera, asked Mr. Greengard to specify
the items to be completed, since to the best of his knowledge Mr. Zera had
finished the items on the check list furnished at the"last meeting. He stared
the contractor had replaced top soil on parkways and had seeded twice. He stated
the contractor,had fulfilled all that was required by the contract with respect
to parkways. Mr, Greengard and Mr. Roche did not agree on the responsibility of
contractor to provide a satisfactory .stand of grass on parkways.
Mr. Kelm moved, seconded by Mr. Slavin, that the question on contract
requirements be referred to the Village attorney.
Motion carried unanimously.
There being no further business to come before the Board of Local Improve-
ments, on motion by Mr. Slavin, Seconded by Mr. Kelm the meeting was adjourned
at 8:50 P.M.
Secretary
PROVED:
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