MINUTES FROM MEETING HELD ON

SEPTEMBER 9, 1999

 

The meeting began with introductions of all those present. 

This was a special meeting held to discuss the judge’s decision regarding the Crystal Avenue lawsuit.  Mark Draper was present to discuss the brief.  Below is a freestyle narrative of statements that were made at the meeting.

 

The judge did not require Belmont to control the structure of the building and they could therefore do whatever they want to do.  

 

A motion was filed to amend the judgement filed today for Belmont to follow the original plan for the building they proposed, to include fencing and shrubs, and for the structure to be attached to the original building as was presented to the City Council.

 

Mark feels the trial went well.  Neighbors did a good job on testifying, as did the Mayor.  It took over three months to receive the decision. 

 

Mark provided some basic numbers for the cost of an appeal.  The transcript would need to be typed-this could cost approximately $1,000.00.  Printing the brief and having it bound would be approximately $2,000.00.  Writing the brief would be less than $1,000.00.  Thus the approximate total would be $4,000.00.  The time for the appeal could take anywhere from 2-3 years.  The cost does not begin until the notice of appeal is filed.

It is not known what Belmont will do if we decide to appeal.

 

A lot could happen before the appeal is heard.  Belmont and FPCA could perhaps come to some agreement.

During the appeal time, FPCA may need to post a bond if Belmont makes a request.  This would be a type of insurance policy for Belmont, FPCA would have to purchase the bond from an insurance company.  The cost would be a percentage of the bond plus any fees the company would charge.  The percentage is usually about 10%.

Belmont can sue FPCA for only the lost as a result of the appeal process.  Yet the bond would probably cover the cost.  The bond request decision needs to be made on some basis not just the whim of the judge.  If the bond is not posted the appeal will be dismissed.

 

The judge did not bring certain evidence into his decision. Appeals court would be reluctant to overturn another judge’s decision.  We have maybe at 20% of winning.  Belmont got the zone change to help have cleaner water for the cleaning process and comply with laws-not to increase his business.

 

Any fines for not complying with the new water laws may be deferred due to the win at the local level.  There is a risk that Belmont could be shut down for non-compliance. A final decision by FPCA does not need to be made until 9-29-1999 as to what to do regarding the appeal. Once a decision is made to amend decision we will then have another 30 days. Mark ended the discussion stating he was not charging for speaking to us tonight.  He will wait to hear on our decision.

The treasurer’s report was present by Don Evans.  We have 475 members, 214 have paid their dues.  The Gage Wiley investment account has a balance of:  $5,081.02 and the checking account balance is:  $2,406.38 minus $1,000.00 for the D. fund.  The total amount used for the lawsuit to date is:  $12,883.69. The treasurer’s and secretary’s report were both accepted.

 

An announcement was made that anonymous donor will match up to 2,500.00 raised during future fund raising efforts for the lawsuit.

 

A motion was made for FPCA to file the appeal, seconded, voted and passed, all in favor.

A motion was made the if a bond request is made that we meet as a group to make the decision as how to proceed, seconded, voted and passed.

 

Allen Agnitti discussed the city council report card.  Motion was made to include it in the newsletter, seconded, voted and passed.  A second motion was made to send it to the Union News and other newspapers, seconded, voted and passed.    A copy will also be send to all new candidates requesting their feedback and also to all civic associations. 

 

Belle Rita Novak-discussed the issue of Mill River.  The Friends of Mill River along with Belle Rita Novak and Bob Triggs walked on the north side-the area looks terrible.

Belle Rita Novak spoke about the Johnny Appleseed Park-there is new equipment.  Any graffiti comes off with the cleaning solution.  A report was written regarding the car accidents that have occurred in intersection from 1-99 to 7-99-there have been 19 reported accidents.

 

The possibility of a meeting with Food Mart and FPCA was discussed.  This would allow FPCA to discuss any issues with the store as a formal organization.

 

A motion was made for FPCA to take a position on any newly purposed drive-up window requests for the X area.  The decision was that FPCA does not approve of any in the Forest Park Area on principal, yet is still open to hear from petitioners.  This motion was seconded, voted, and passed, all in favor, except for one opposed.

 

The nominating committee will begin working for the next year.  Bill Malloy and Belle Rita Novak will be on this committee.

 

The Parks Committee met last week.  The final financial report on Bright Nights has not been completed.  They have been granted an extension  until October.  Bob Triggs stated that from the Bright Night sales 12.5% of vehicle sales would be given to the City and 10% of the sponsorships fees would be given to the City.  The sledding hill will be completed once the Parks Department completes their work on Blunt Park. 

 

The Farmer’s Market is going very well.

 

The annual meeting for the X Main Street Corporation will be on Wednesday, September 29^th.  Mayor Michael Albano will be the guest speaker. 

 

The FPCA web site is: www.forestparkca.com

 

The meeting was adjourned.  The next meeting will be October 3, 1999 at Liz Bramson’s home.

 

Schedule for future meetings to be held in member’s homes.

November-Belle Rita Novak-112 Manchester Terrace

December-Bill Malloy-223 Forest Park Avenue

January-Jane Hetzel-47 Bellevue Street

February-annual meeting location TBA

March-Virginia White-511 Trafton Road

April-Paul Sears

May-Allen Agnitti/Sandra Collins-161 Longhill Street

June-Susan Poole-15 Washington Street