Roseland starts process for bond to pay court judgments

By MARTI GOODLAD HELINE, Tribune Staff Writer

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By Beth Boehne

ROSELAND — The Roseland Town Council agreed Thursday night to engage a local law firm to begin the process of obtaining a judgment bond.

The bond will be issued to pay three court judgments against the town as part of the town’s effort to resolve its financial issues.

Attorney Philip Faccenda Jr. of Barnes & Thornburg explained the bond process, which includes issuing legal notices and taking bids, among other things. He estimated it will take about 2½ months to get one issued.

The bond will cover back wages owed from last year to five former and current Roseland police officer and judgments from two other lawsuits, said town attorney Mike Lipsky.

Earlier this year, the police officers filed a friendly suit against the town in order to get a judgment to facilitate obtaining the bond.

The total of the judgments is about $58,500. The bond will also include the costs and legal fees associated with it, so will actually be a higher amount.

It will be paid back over three years in a special tax levy that will apply to all Roseland property owners, commercial and residential, said Mike Eby, deputy clerk-treasurer.

Eby, formerly county auditor, pointed out that because of the town’s large commercial base, Roseland homeowners usually have lower taxes than residents of other cities and towns in the county.

Council members Ted Penn and Elizabeth McCombs asked Faccenda about including funds in the bond for needed repairs on the Town Hall as a capital improvement. Faccenda said that probably would have to be handled as a separate matter, but agreed to research it.

Lipsky said the judgment bond will wrap up nearly all the litigation against the town except for a couple of cases.

Clerk-Treasurer Susan Hammons and the council set three meetings to establish the town’s 2009 budget. The process will begin with a budget work session at 5:30 p.m. Sept. 29, a meeting to make adjustments at 5:30 p.m. Oct. 13, and the final public hearing and adoption at 6:30 p.m. Nov. 13.

In other business, Lipsky presented the board with a draft of a new zoning ordinance establishing mixed-use zoning districts that could include residential and commercial in the same lot or area.

After some discussion among council members and questions from the audience, council President McCombs said she wanted to set the matter for a work session in the near future, but did not select a date.

During a report by council member and zoning commissioner Robin Ackerson, questions were raised by spectators about the building under construction at Rhodes Street and Dixie Way by Norman Patel.

Ackerson maintained her research shows the building, which is planned as a restaurant and bar with offices on the second floor, has proper building permits and zoning. However, some town residents maintain there are violations not being properly addressed.

Ackerson agreed with complaints the construction site is a mess and trash has not been properly disposed of. She said she will discuss it with the owner again.

Staff writer Marti Goodlad Heline:
mheline@sbtinfo.com
(574) 235-6327

Friday, Sep 12 at 8:45 AM wow wrote ...

who in their right mind would fund it?

Friday, Sep 12 at 7:50 AM PRO BONO wrote ...

Why can't an attorney who lives in that area assist the already broke town and do it for free? Our financial situation in St. Joseph County is whirling around in a toilet bowl and soon it's going to flush down and we'll be left with nothing except further in debt.

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