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64. <br />Regular Council Meeting <br />4/15/91 <br />Page Four <br />Mr. Pietrafese asked if we can pass the responsibility to the new home owners so that present <br />home owners would have the responsibility to advise the new owners of the agreement. <br />Mr. Flynn suggested that when a certificate of occupancy is signed that the resident signs that he <br />knows of the tree setback regulations, etc. <br />Mr. Ramos said he will look into how to make that record. <br />Mayor Carmen said, regarding the swales, they originally thought there would not be more than a <br />handful of people who were out of specification. However, about fifty percent are. Mayor <br />Carmen said he thinks we need to offer the home owners two alternarives: (1) We will obtain an <br />estimate as to how much it will cost the home owners to get into specificarion. We will not worry <br />about any swales that are only six inches out of specificarion. Mayor Carmen said we will get an <br />estimate as to the cost of correcring, shaping, and seeding the swale and we will share the cost <br />50-50 with the home owner. He thinks the Village is picking up an obligation which it does not <br />have to pick up but is doing so to help the home owners. Mayor Carmen said the alternative (2) is <br />that we will tell the home owners we will allow the situarion to exist as it is. So long as there is not <br />a problem, no one must do anything. However, if there is a problem, it will be up to the individual <br />home owner to make the correction at their cost. Mayor Cannen said he thinks everyone should <br />recognize that we will require a sign-off from a11 the home owners affected. <br />A man in the audience asked if we would go to each home owner. <br />Mayor Carmen said he would ask the home owner's association to discuss this with the group and <br />choose the consensus of the group. He said it cannot be done piecemeal; it is the whole thing. <br />Mr. Rinker said that everyone has an ongoing duty to maintain their swales so that water can pass <br />through. <br />Mayor Carmen said that the obligation of the home owners to keep their swales clear remains. <br />Even if we go with the first option, it is the individual home owner's responsibility to maintain <br />their swale. <br />Mr. Rinker menrioned the drawing with the list of properties and picture of the trees. <br />Mayor Carmen said we will have copies made to provide to the home owners before the meeting. <br />Discussion was held. <br />Mayor Carmen explained that we are not going to try to assess each house. When the cost of the <br />project is determined, the home owners associarion would write us a check to cover half the cost. <br />Mr. Rinker explained that Village officials have been trying to strike a compromise which is <br />economically feasible and functionable. He realizes the home owner's associarion may have a hard <br />time collecring dollars from people who are in specification. <br />A man in the audience said it would help if they knew what kind of dollars we are looking at. <br />Mr. Hovancselc said he will get an estimate in the next few days.