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12/05/1990
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12/05/1990
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6/5/2015 3:41:26 PM
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Minutes
Date
1990-12-05
Description
Regular Meeting Minutes
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The City Manager's report to the Council explained that the Clarkes had filed a claim <br /> against the Town alleging improper and inadequate building inspection practices <br /> concerning the construction of their garage and workshop addition. The report also <br /> included the analysis by the ABAG PLAN, the Town's liability insurance carrier. <br /> The result of their analysis was that the Town was not liable and the claim should <br /> be rejected. <br /> Mrs. and Mrs. Brooke Clarke, applicants, addressed the Council concerning their <br /> claim. They had applied in the fall of 1988 for a separate structure of approximately <br /> 1,800 square feet. At this time, they had gone through an emotional battle, lost time <br /> from work and were close to $60,000 in debt. They submitted for Council's <br /> information a list of the problems they had experienced and noted that they had had <br /> four inspections on the property during which the inspector had not caught the <br /> errors made by the builder. They stated their concerns for themselves and the <br /> community noting that all the Council and Commission work will do nothing if <br /> the building inspections are not done correctly. Mr. Clarke specifically noted that <br /> grout was being used in some cases rather than concrete and he thought that <br /> inspections should note what materials were being used in a project. Mrs. Clarke <br /> stated that she believed there should be a caveat that inspections may not be done <br /> correctly. <br /> Casey had several questions concerning this claim and suggested that the matter be <br /> 41/ continued to the next meeting. Siegel stated that if this claim were denied by <br /> Council, the Clarkes would then have six months to initiate legal action. He would <br /> consider continuing the matter so that Council could hold a dosed session to discuss <br /> any questions they might have, but he did not think it was appropriate to conduct a <br /> question/answer period on a matter that may end up in litigation. Tryon noted that <br /> she sympathized with the Clarkes as she had been through a similar situation which <br /> had ultimately been resolved in the court system. <br /> MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and <br /> passed by the following roll call vote to reject the claim for damages filed by Mr. and <br /> Mrs. Brooke Clarke. <br /> AYES: Councilmembers Hubbard, Johnson and Tryon <br /> NOES: Mayor Siegel and Councilmember Casey <br /> 5. PRESENTATIONS FROM THE FLOOR <br /> Elaine Dauber, 27930 Roble Alto, reported on the Earth Day Project. They planned to <br /> have a display of the blue trash bags at each of the clean-up locations on December <br /> December 5, 1990 <br /> 4 <br />
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