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103 <br />position that it is no longer a private road. The owner of the road (which is <br />a corporation) are the ones who gave the residents and their guests the right <br />to travel the road. They have never stopped any vehicle from going over the <br />road. The homeowners do.not have the right to stop anybody because they do not <br />own the road. <br />Mr. Busa said Council.does not want to fight with Beechers Brook. <br />Mr. Feneli said he was told by,Bond Counsel there is no way to assure a <br />successful assessment being certified to the County Auditor without some <br />litigation. He said it is up to Council whether or not to proceed as we have <br />been or to let the Beechers Brook residents hire their own contractor, or to <br />find a way to combine the two proposals. <br />Mr. Carmen asked if an agreement was reached between our Engineer and the <br />Beechers Brook residents, could the road be accepted not using the assessment <br />procedure.. <br />Mr. Feneli said if our Engineer can certify to us that it is a road we can <br />accept we could go through the assessment proceedings, and the residents could <br />pay cash or agree to be assessed. If the residents agree to do this, another <br />way of assessment is when the owners sign petitions stating they want their <br />road improved. <br />Mr. Busa said there are certain specifications in the book and the Engineer <br />cannot deviate from them. <br />Mr. Hovancsek said our records contain a recommendation for Hanover Woods, in <br />which the alternate specification used a thicker road surface than is now being <br />proposed for Beechers Brook by the residents contractor. <br />Mr. Busa said if this street is done in a manner that deviates from our <br />specifications a precedent will be set and other streets will want to do the <br />same. <br />Mrs. Bloom questioned if the road was still a private road; would ditches, snow <br />plowing, etc. be the homeowners responsibility and are they aware of that fact. <br />Mr. Feneli said the homeowners are aware the road would be their responsibility. <br />Mr. Carmen said.the homeowners should also understand public funds cannot be <br />spent on a private road, such as for snow plowing. <br />Mr. Reiber said the Village has no obligation to plow snow on a private road <br />but thinks a precedent has been set by North Aintree being plowed, and maybe <br />the Village could plow their street also. <br />Mr. Amendola said he was told last week they anticipated plowing the roadway <br />themselves and he wrote a letter to Council explaining why he has to plow both <br />the north and south ends of the street.