08/02/19711
1
August 2, 1971
A meeting of the Board of Local Improvements of the Village of Deerfield was
called to order by the President in the Council Chambers of the Village Hall on
Monday, August 2, 1971 at 8:30 p.m. The secretary called the roll and reported that
the following were
Present: Bernard Forrest, President
Charles R. Bootz
George Kelm
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: Albert E. Brust
Werner E. Neuman
and that a quaorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Resolution - Completion & A resolution was presented pertaining to the
Acceptance S/A 106 completion and acceptance of the improvement
Hertel Lane Improvements covered by Special:Assessment No. 106, consisting
of paving, sidewalks, storm and sanitary sewers
and water mains along portions of Hertel Lane, the deficiency of $209.92 to-be paid-
from-the General Corporate Fund.
Mr. Kelm moved the adoption of the resolution, seconded by Mr. Bootz, and
adopted by.the following vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: Norie (0)
Resolution- Completion &
Acceptance S/A 107
Hovland Improvements
system and sanitary and water
$9,965.39 for deficiency and
Benefit Fund.
A resolution was presented pertaining to the
completion and acceptance of the impovement
covered by Special Assessment No. 107, consisting
of sanitary sewers, water mains, a drainage
services in Hovland Subdivision, with a reserve of
interest, and $19,390.00 to be. abated to the Public
Mr. Bootz moved the adoption of the resolution, seconded by Mr. Turner, and
adopted by the following vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
Report S/A 110 In connection with Special Assessment No.. 110,
Wiltot,and-•,Berkleyn.sidewalks 4nd curb and gutter,
the Village attorney reported that the Court had confirmed the assessment on six
properties, but five property owners had objected to the assessment,-basing their
objection on the lack of dedication for Wilmot Road. The east 17 feet of these
properties is subject to an easement for public use, but he was unable to find sus-
taining evidence to support a previous taking for additional right -of -way. Several
attempts have been made to negotiate with these property owners. The last offer
of the Village was to pay for the street improvement, the owners to be assessed only
for the sidewalk. A counter -offer was made by the property owners who agreed to
dedicate the necessary right -of -way if the Village paid the full cost of the improve -
mdnt.
He stated the Board has several alternatives: (1) drop the entire assess-
ment; (2) accept the offer of the five objecting owners; or (3) amend the proms
ceedings to drop the five properties from. the assessment and proceed with the
improvements on the six properties already confirmed, and subsequently introduce
a new special assessment against the five properties, including condemnation for
right -of -way.
Mr. Bootz moved, seconded by Mr. Turner, that the Board authorize taking
bids for the six properties whose assessments were confirmed by the Court,
the said bids to be received September 7, 1971, and the five objecting property
owners be dropped from the assessment roll. Adopted by the following vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
Mr. Turner moved, seconded by Mr. Bootz, that proceedings be started
for the improvement of the remaining five properties by special assessments,
including condemnation.
Motion carried unanimously.
Mr. Turner moved, seconded by Mr. Bootz, that the minutes of the meeting
held July 19, 1.971 be approved as submitted. Motion carried unanimously.
There being-no further business to come before the Board of Local Improve-
ments, on motion by Mr. Bootz, seconded by Mr. Turner, the meeting was adjourned
at 8:50 p.m.
Secretary
APPROVED:
LJ