This was another very intense and tense meeting of the CDA, and quite disturbing. The alternative title for this post was CDA Actions Speak for Themselves, It’s Fair and Equitable. It also could have been CDA: How do you sleep at night? I also had a different introduction I wrote before this section of the meeting started, but, given the seriousness of the issues involved, I erased it and am going to just jump in to the issue. But, I should note, this item was initially tabled while they called Tim Bruer to make sure he was coming. He was a full 45 minutes late for the meeting and made everyone wait for him. As usual, it was a little hard to hear some voices in room 260 of the Municipal building, so I hope I heard this all correctly and given the intensity of the testimony, I apologize in advance if I get anything wrong, because the speakers were very, very good and I don’t know if I can capture it all as elegantly as they said it. I’m a little light on comments, but that is because the people who spoke did a better job pointing out the issues than I could.
STEALING LAND FROM AFRICAN AMERICAN LANDLORDS, PART II
Stuart Levitan says the beyond the financial aspects, he would like to see CDA identify and purchase new investment properties for these owners – as part of financing aspects, can the speakers also speak to if they want to stay in the industry and have city staff work with you to find new properties. [I honestly don’t know if he said “city staff” or “CDA staff” but this is a good point to point out, the CDA is doing all of this with City money – and as someone points out later, to most people, they don’t see the difference. I think it is important to point this out up front. The city is getting blamed for the actions of “a handful of unelected people”. So, why isn’t the Mayor out there criticizing this committee like he does TPC and Landmarks and Zoning Board of Appeals, etc. – in fact, we haven’t heard a word from the Mayor on this issue. Hmmmmmm . . . ]
Sherry Lucille – She says she has no notes today, she is going to speak from the heart, she wants to tell you about day they had to submit acceptance or decline of the offer. It was 3:30, Dan (Rolfs) and Joe (Gromacki) can tell you, she walked the halls upstairs, trying to decide if accept or decline, talked to several people on the phone, finally she talked to a lawyer who told here she should accept the offer because you still have two years to appeal and they thought the offer might be lower since people are upset now. She felt like she signed under duress, she lost trust in system and trust in you (the committee?) and you (Bruer). She says when she was in church on Sunday, she heard something she never thought about, good leadership is to protect the people, she doesn’t feel protected. She says the 3rd offer they accepted won’t break them, the offer is not horrendous like the first offer but she feels like she was lead down the path and was duped. Joe (Gromacki) and Dan (Rolfs), told me to do what I was supposed to do, everything will turn out right for you. She was out and ran into Tim Bruer, who is the alder for their apartment and their homes, and he also said, just do what you’re supposed to do, and it will all come out fair. She feels like everyone in this process turned out ok – they had to do right by tenants, they would look bad if they didn’t do right for them, it would be obvious and horrible if no relocation funds. The contractor that is coming in, I’ve heard people say he is only going to make $1 or $2M, she’d love to have that, that’s a good deal for him. Tim Bruer wants the nursing home. She likes the way Madison runs and is being improved and beautified, but this process has been a problem. Asked Dan (Rolfs) when property owners were offered less? He said we don’t keep records. She asked if there has ever been a time when someone, not a minority, was given less than assessed value, and again she was told we don’t keep records. I’m starting to keep records in my mind, my husband is good at that as well. She says that after all these years, her race card deck is completely intact, but she has to ask these questions, why were we not treated fairly? You might say we got a fair value, but on one hand the taxes were based on assessed value and then you offered less. We hung in there, but she wants to investigate – there is money is in the budget – why then are you withholding it, is it because we are minority landlords? Do you have a vendetta against one or two of us? Did you think we are slumlords so you can roll or push us over? These are questions she asks herself, she has lost faith, she got scared and tired and she won’t be broke, this won’t break me. I was tired, I’m not going to be tired forever and I will appeal and appeal and appeal. The decision is wrong – she is appealing to god who is her authority. Your authority is given to you to do the right thing to be protector of all people, not just people like you, or people you think deserve it or people who will give you less trouble if not protectors of him. As far as Levitan’s offer, it might be a fine idea, but I’m a grown up and John (Lucille) and I have impeccable business sense and if we had the money that would be fair, we could make our own deal, we could excel, we were doing that, our buildings were full of good people trying to live, we were fine, you knocked on our door. Imagine if someone knocked on your door an said I’ll pay you half.
John Lucille – Wasn’t going to speak, but sitting there at beginning of meeting and said what the heck, one thing want to say, as my wife mentioned, does anybody care? Alder Bruer is our alder, he hasn’t returned our phone calls since September. That speaks volumes. He called the Mayor’s office, to talk to Mario (Mendoza), and Ray Harmon, no return call. [Wow, that’s kind of disturbing, I bet if he was on the Chamber of Commerce board he would have been called right back. Where was all the concern for economic development here?] Does anyone care? Its a done deal now, the I worst process ever been in my life. This sucks. We can move on as we will but when whole eminent domain thing, when someone takes your property – you probably had a number last September and you nickeled and dimed us from this point to that point – we’re just tired, we didn’t want to go to court, we could go either way, we are going to wait. The only good thing he can say, since September people at CDA have been very up front as far as returning phone calls, he appreciates that, he could call at 9:00 and they would call back by 10:00. But the powers that be, from the mayor on down, this was a terrible process. He says that people have called him from Todd Drive from the beginning and told him this would happen, before the first offer – he thought it would be ok – they said the city are not their friends – I was naïve, when someone says they will do something and they are a city representative, he respects that – this has been a rude awakening. I know I said this in an earlier meeting it might not be right, but I know how the Indian felt. You go about your procedures, to do x y and z but he is still waiting for someone to say we messed up a little bit, not even I’m sorry, but explain this is how it happened, not one person said “John, I’m sorry”. This all started with appraisals that city got, they did a rotten job and it went downhill from there. Yes, there are other properties, but they need work, he knows where they are, don’t need your assistance, has 3 properties now, when done with you, can only buy one. Would like three properties at the end, might be able to afford one property if he want to stay in the business, but this left a really bad taste in my mouth.
Levitan says at the risk of making matters worse, he asks a procedural question. Is this on the agenda and legal? Can we amend the offer?
Don Marx says no amendment to amend the offer is on the table.
[That was my first question, was it on the agenda correctly? The public has the right to comment, but could the committee discuss it? This is the agenda item people were speaking to:
Burr Oaks Senior Housing Update
8e Discussion regarding the acquisition of properties for the proposed Burr Oaks Senior Housing Redevelopment Project
Sounds legitimate to me.]
Levitan asks given the state of the accepted offers, can we amend?
Marx doesn’t know.
Julia Kerr asks Marx, how many accepted the offers?
Marx says 4 of 7 properties. Lucille’s 3 properties and 1 Hammond’s property. Bobo and Tau have not accepted.
Tim Bruer asks how much time they have.
Marx says they have until next Wednesday, they have 20 days for jurisdictional offer, expires Wednesday.
Verline Gee-Flemming, she says she is John Lucille’s maternal aunt, she wants to tell them how she felt at the meeting last time. She grew up in Saint Lewis, when she was young she went to a movie about a college town, and decided she wanted to go to school They were sharecroppers and lived in Missouri and she could go to school part time, but had to take care of the crops – she wanted to go to school – but instead she got in a car, truck or bus and they would go to the cherry harvest, she worked hard, she has nothing against that. She was determined that she would not let anything that happened to her because of the color of her skin. John and his mom lived together with her when he was young. Then they moved to New Jersey. I moved to Madison, I could take the GED and went to school at UW and got masters in social work. She talks about her dreams to be a movie star or actress. She wanted John and his two children to prepare themselves and have dreams. But last time she didn’t speak because she was nervous. Last month was black history month, she watched The Long Walk Home and a movie about Martin Luther King. She talks about how her kids and her bought their homes. I got up one morning and made breakfast for daughter who lives next door, she talked about watching the movies and then at some point in the movie they sang “We Shall Overcome” and that took me back, suddenly I’m balling and crying and I relived all the history, here is another generation singing “We Shall Overcome”. It hasn’t happened yet, she thought of John’s dream of having a home and leaving children a heritage, this is his dream, bought a home. I couldn’t stop crying and thought about it and said I need to speak. He wanted to leave a legacy for his children and what I heard was “No boy, you can’t” it just all came down on me with one fell swoop. It’s a tumble weed affect, the future of my great niece and nephew, what will they tell their kids? I want what you have, and I have the right to take it? I’m very hurt and very disappointed, I feel like a black person, not just a person.
Nedra Bobo was called on next. She walked up to the table, wiping away tears. She asked for a tissue. Julia Kerr went to get her some. But she couldn’t speak so she passed for now.
Doug Van Esser was there to support the land owners, but did not speak.
Vicky Hellenbrand is a real estate agent. She wanted to speak because knowing what is going on here, having a hard time understanding this process. She says it all started 7 years ago when values were higher and now when market bottomed out they come in with appraisals that are just an opinion. I could give a market analysis and two others would be different, it’s a projection – she lives this market everyday and I don’t understand how you take those values and have to pay taxes on a value you not say they do not have. Bizarre to her. And couple that with this is the time you can get the properties at the lowest possible price since 1942. You talk of trying to come up with something, you are talking about helping them, you should give them low financing that would qualify to sell on a secondary market. They can’t go purchase something now, financially all the rules have changed, she’s a single mom who owns 4 properties, one on lake, but she could not go buy one property if she sold three because financing would never allow that, period. And I’m a thriving business person, these buildings are not just their income, but they are supporting children with that money. You’re offering them something and wouldn’t be surprised if they don’t still owe the bank, if you have a property that you have to sell and don’t owe bank right now, that is great, now many are going to a short sale. You are offering less than assessed and if mortgage is high, they are paying a shortage. You are not just taking away income, but requiring them to make payments on something you took away. She understands the need for senior housing, she took care of her mother 24 hours, but for a developer to come in and make money and then you’re affecting someone’s personal life, just seems wrong. She understands procedurally you are within your realm, but in our history and in my 25 years in real eastte, this situation in our economy has not existed, this is a bad economy, people are struggling and you are coming in and making it worse for people who did not do anything to deserve it. They should get the value of the property 4 years ago so they can move on.
Wesley Sparkman says he has no financial interest in this matter, he is a contract compliance officer for the county and President of the Police and Fire Commission, but he is not speaking on anyone’s behalf, just a citizen and he has a social interest. When he heard about this, it didn’t sit right with him, wanted to speak up and say what thought. He just had a couple questions. First, with eminent domain, how much time is legally allowable to inform someone that the property is going to be assumed. After eminent domain has been declared, was there an adequate amt of time to respond. Second, in general, this is the City of Madison in 2010 so I have high expectation for Madison 2010 this city should be bending over backwards to make sure acceptable offer given to the folks. He is concerned there may be cause for action under Title 6 civil rights. Given the jurisdiction of neighborhood, what other areas in geography of city – like Vilas – where else has eminent domain been offered. Title 6 issue – is there any other areas of the city that have been impacted by eminent domain, and the thing that stands out is that htis is not just low income tenants but minority business owners. Homeownership can be and is a business, question is how much effort was made to make an offer, he just happened to sit in on a meeting earlier today and just got here and wondering how much effort to amend the offer has been made to find an agreeable offer that both parties can agree on. This is a real business and real money issue, can someone respond?
Silence.
Gregg Shimanski says they could debate this for a long time and they wouldn’t come to a resolution that everyone would be happy with, there are 2 sides to every story, they debated internally in closed session and think actions speak for themselves as to what they feel is fair. We have a disagreement, he respects their opinion, they could talk about it for ever, actions speak for what we think is fair and equitable.
Tim Bruer says (he says Bobo, he is corrected) Lucille did call, and for entire political history he has told alders to (missed it??) redevelopment, they can get involved or engaged in the setting of value of a property, I have learned a long time ago that for alders, and this is his own perspective, that alders or other department heads [Oooo, I think that was a shot at Cooley] outside of process should not be involved outside to influence staff. Having said that, process was legal, has to be defended in court of public opinion and in courts, rules are spelled out specifically for notification and process a b c d e where alders can have an influence is in making sure the process is open, transparent and legal. I am a native son, my mother still lives [???? he’s not typically this hard to hear and mumbly] This is personal for him too. To engage in the process or attempt to influence values in places for one individual property owner the alder and city are vulnerable – you hear in other cities about action that are raised into questions – we should follow rules and demonstrate as much sensitivity and compassion in exercising [???????] Staff went forth with appraisals, explained to John and wife, he explained he can’t involved in process of negotiation, told them to get quality appraisals, they did that and they raised questions in terms of values of the original city appraisals, from their appraisal the city went forward and came back to CDA and increased them, staff first offers were conservative and based on certain values. They were not shy in suggesting that they were insulted, and he understand why. The well was poisoned, that set the stage, they said if they had come with second the second offer first, it would have been within reasonable and respectful amount, and as was explained to this body, people felt disrespected, after that CDA did take that into consideration. There was discussion by CDA members and they paid attention, this is different, this is income, livelihood, different value than raw land and CDA was sensitive to that, whatever occurs as it relates to this redevelopment, he takes exception to Todd drive developerment comments. All the people affected built new businesses in area, only one still remains and that building still remains, point is those players acknowledge appreciation and support of staff and are reinvesting in area and feel good about it. He also feels good that they were concerned about the tenants, what would happen to those affected, recently got appreciation for treating tenant fair and relocating them, let him assure you that as this is moving forward, he will continue to assure that whatever action were taken, in history or going forward, same rules and principals are applied. They may need to raise the bar, no preferential treatment in terms of compensation for any future acquisition. The other part of all of this is that (Sparkman’s) counterpart from the city were involved, (Department of Civil Rights), as was (Anthony?) Brown to assure that not only followed the spirit of the law, but letter of law has been followed. Bottom line, this was not based on race or color. He will continue, and you know how dogmatic he is, he will micromanage every project that moves forward, he got a call from another developer who wanted to get involved in TIF negotiation, not appropriate in that negotiation, having said that, there are other continued avenues avialble. He wanted to make certain no questions in term of future negotiations and compensation, but wanted to make certain that process is followed to the letter, Office of Civil Rights as well as others microcoped it, if he had his druthers, he would have handled it differently, would have done it somewhat differently but comfortable with how number came forward. [Did he just throw staff under the bus? And do you believe him the DCR looked at this, and even if they did, did he look up and see who was sitting in the audience and supporting these landowners, one of the most vocal critics of the DCR.] He says there is still an opportunity for property owners to [??????] he feels comfortable and assured that firm solid foundation for the renters, if he would like to see assessed valued be offered, at end of day comfortable with justification and legal opportunities for appeal. He sees no examples to believe it has not been fair, if he thought it wasn’t, he would challenge it.
Stuart says he has more to say at the end of the public testimony but he has two points now. To the extent that they are judged in the court of public opinion – we have been found guilty, we lost that. What we did what was legal, staff did due diligence, but did I just hear you say would support full assessments? Why on earth didn’t we do that? That is the first time I heard you say that. I’m not sure Tim answered that. It got confusing. [Wow.]
Kerr interrupted the back and forth, asked them to get through the public testimony, she says we should hear from everyone – she did however, hear 2 specific questions and willing to raise them later.
Wesley Sparkman has a brief response, he says he respectfully disagrees because the individuals were disparately impacted, you see they are minority and see it is clear that unlike assessments you made and the equivalent of that, in this case, he doesn’t believe that it was equal in the sense of the historical legacy of disparate impact that minorities have faced and the fact that we are rebounding from a historical economic impact – he respectfully disagrees – wanted to say his concerns, as far as advocacy, he advocates on behalf of citizens they can fix this by taking a second look at the offer, to find an agreement position, it looks like you are taking someone’s land.
Nedra Bobo is called to speak again. She says on Tuesday, Jan 26 she spoke to the CDA subcommittee, she made two requests in writing and verbally, and got no response. First was if CDA could get together to reconsider offer to assessed value, while Levitan was not there, he did make notes that he responded, she doesn’t know if it was because of what was said or change of heart, appreciates you took the time and put it out there that asked them to reconsider the offers and legally doing what you can do. But now looking at you (the rest of the committee) morally and ethically how do you sleep at night? She appreciates Stuart Levitan putting it out to committee members, don’t know what response was, don’t know if said no or didn’t respond but wants to publicly acknowledge that you came to the table. Second she asked if there was a detailed analysis of budget given to them. She says because of her pride, the last thing she wanted to do was to put out her financial hardship – but this is the 9th hour so she is. Her husband and her will have to pay the bank bacuese of the offer they were offered. They were not selling, their property is well tended, they were delinquent in taxes, but they were paying enough to stay out of foreclose until this issue, They were looking at offers coming our way, had to look at each other and say, what sense does it make to put money down a black hole, they had the property for 14 years, going to give it to their daughter Trinity. Kids helped out at the property, they pick up at the property, they were bringing up their kids in a family enterprise and that is being taken away. Asking if come together and jurisdictional offer on table and know want to close out by Wednesday but looking for someone to make a motion and come together and consider giving assessed value and answer question on the budget breakdown. Thirdly how did you come to your decision on how some got 86% and others got 96% of the assessed value. That question could go away if you give the assessed value. Before you leave, she is asking you and looking in your eyes, is anyone willing to come to the table and consider giving us the assessed value? She says thank you Mr. Levitan.
Kevin O’Driscoll slams his hand on the table and bursts out and says “I’m not, I’m not interested in discussing it further.”
No one says anything. She looks them in the eyes – and says thank you – you have spoken loud and clear.
Milele Chikasa Anana says she is with Umoja, a magazine for the African American community and she is speaking for a good portion of the community. Those who live responsibly in this city. You should increase your offer to the assessed value. It is the democratic thing to do. I know you did the legal thing and can justify it legally but slavery and Jim Crow was legal. You know that people who look like you defended the legal system. Just because it is legal does not make it right, segregation was legal, even in this town. Jut cuz legal, does not mean you have done the right thing,. That is a high horse you need to jump off of – parents cannot tell their children . . . . missed some . . . . she knows Lucille’s and Bobos, they are responsible citizens, not slumlords. They are smart people, working the american dream, they waived their flags, wear the flag pins, they are dedicated and caring. They are willing to work for their kids, saw them do that, I see them, how they have been involved in our community and when they are treated unfairly we lose committed citizens. They city was requiring them to pay taxes on assessed valued. She has a condo, she laid out several thousand dollars at end of January but now you are asking them to sell property for less than they were taxed for. It is a question of fairness, that is the way her community is looking at it – not looking at legal process. You know the bank and payday lenders can charge 27%, that may be legal but it is not right. She thinks about the money in the budget to pay full assessment and if city didn’t have the money it would be a different thing. She was in South Africa some years ago and they told story after story on how people took other peoples lands by eminent domain and put them in the townships and then she returned to the city she loved and lived in for 40 years and find you doing the same thing. She is stunned, its a question of fairness – and I ask you to think, what can these responsible smart involved caring people tell their children, how can they raise them up to believe in the American dream?
Ms. Barovic – she knows Lucille’s and Bobo’s and other land owners, she wanted to come because its important to show up in person to advocate at a time like this. Try to be fair, particularly when it would make such a difference, for the families and for how the CDA is viewed in the larger community. The work that the CDA does is important for all of us, hates to see this cloud handing over this transaction and hopes that you will do the fair thing.
Duane Steinhauer – most of you know me, I often enjoy coming to your meetings and not many people do see all the thing that you do, this issue has gotten more public than issues we have seen in a few years. The CDA cda spends most of cities money to improve the city, that is what your charge is, the assessor is another part of the city, but for the people who are watching this happen, the city, CDA and assessors office all part of the same thing, knows CDA is separate legal entity but for people watching all the same. Questions have come up and he asks, what will happen to the extra budgeted money if doesn’t go to people that it was meant for? They budgeted for assessed value and costs, what will happen to the spare money if there is any? This isn’t being done in a vacuum. Other things are getting a lot of attention, there is the $16M TIF some of city leaders are very much in favor, on one side you take money from property owners and other side of town give incentive to developer coming into town. The crowd audibly and visibly reacts to show their agreement. He says the county set a precedent when the court house was built, people got excess money above the assessments, Risser got double, there was a restaurant that didn’t even own the property and got money, so those are the kinds of things people remember and it does look like you are taking two stands.
Levitan says he was in Nicaragua two weeks ago observing a micro-financing loan program. He was standing in a hut with a guy who got a loan for $150 and started a business and off the money he made, he started another and as he was talking about creating business to pass on to children it hit him. This is a universal human need to undergo and entertain and undertake economic development in your generation to pass on to children. I have no children, but in the hut, it hit me that what John Lucille said to him about the universal need. He says they failed, he failed to emotionally and intellectually adapt his thinking. He says it has been hell to be called a racist, but he is a white man in a seat of power and not black man who is getting his property taken away. He says they got resentful and defensive in defending what we do and why we do it. It’s about how we are perceived, race was not at the heart of what Don Marx did and we did, but in the hearts of the people getting it done to – we knocked on their door to take their property – he believes in appropriate plece of eminent domain. He says it is ok for public purchases, they took Jeff Stanley’s property for Overture, that was a public facility. He believes in it for the right of way and road construction issues. Senior housing is a public benefit, but is it something that requires eminent domain? There is an argument to be made that it is not appropriate for eminent domain. [Wow. That was quite the admission, and change of heart, but wait, it gets better.] We knocked on heir doors, we didn’t structure this to wait for the market, we’re not that malevolent – its an accident of history, if it were reversed could have been more than assessment, we made an offer that in original form was substantially low, current offer is still less than assessed value. He talks about the Spike Lee movie and the line where they say “Do the right thing.” I don’t think we did the right thing, outraged at myself for going along with peer group – embarrassed by what we did, in court of public opinion we are guilty as charged.
O’Driscoll pounds on table and bursts out again, “what are we guilty of – of not following procedure?”
Stuart keeps going, he says he wants to answer Sparkman about why it is always minority neighborhoods where redevelopment takes place, he says there is no racial agenda behind that. He says the fact of the matter is we are dependent on public support for what we do, for the council to give us money for Allied, Truax, Villager, Truman Olson etc, we are dependent on public support. This is costing us public support – we are the bad guys. This is important neighborhood for neighborhood where we spent millions to turn it around. If the public doesn’t trust us, we did the wrong thing, this is not in best interest of the community, not sure if they can, but he thinks they should offer full assessments, its the right thing to do.
Kerr says that we can take this up in closed session and she is sure we will. [Well, that’s interesting, but I wonder when she thinks that will happen?] She says Sparkman and others had some questions. Were the legal and requiremed timing followed for eminent domain?
Don Marx says yes, each step is approved by the city attorney, they review everything.
Kerr asks do they confirm timelines?
Marx says yes.
Kerr asks what other parts of the city is eminent domanin used? She says she has not been on the council long enough to know.
Marx says that eminent domain is used in every part of the city, to acquire utility easements, build new roads, road expansions, they don’t use it for parks because that is not popular, they use it for redevelopment projects. It was used downtown for Overture on Dotty Dumplings, block 89 with Gus’s market.
Levitan adds Joe Krupp’s project on the east side.
Kerr asks on an annual basis how many times.
Marx isn’t sure, could be 30 in a year for a road project, depends on projects.
Kerr asks if this is properly noticed to reconsider offers, and what is the jurisdictional offer, how official is it. Can it be reconsidered?
Marx says he’s not a city attorney, they joke that Hank Gempeler (former city attorney) is in the room and perhaps we could ask him. But Marx doesn’t know.
Kerr says that’s fair. She then asks for the detailed analysis of financing and what happens to remaining money?
Marx says it was shown to the landowners and CDA before. It’s hard to estimate without appraisals. They used the number of units, to get to $3M, 38 units, cost of $60K per unit for budgeting process, based on corner duplex they bought several year ago was worth 60K, that gets them to $2.2M and then looked at relocation benefits, they assumed 40 tenants, max under law was $480,000. For demolition they looked at Hughes place spray park, that was $60K per unit, so another $420,000. Then there was staff time, appraisals, closing costs, taxes, misc, that is how they got there.
Kerr asks what happens to remaining money.
Marx doesn’t know.
Gregg Shimansiski says he assumes that since they have 24 months to appeal and another amount could be awarded, assumes that it would be kept in reserve for comptroller for that to occur. [Me thinks he’s wrong. It will need to be re-budgeted unless they do a resolution to carry it over.]
Kelly Thompson-Frater asks when this all started.
Marx says either tail end of August or first of Sept?
Thompson Frater asks if 2009.
Marx says yes.
Levitan asks if someone accepted offer and they still can appeal, we are respondent right, city attorney will have the authority to settle a lawsuit – we can direct them right? Our attorney would do what we told them to do right?
Marx says not really, in the past when the city attorney takes over, they run the show, they will consult with staff about settlement and if it is in order – we don’t do much – don’t know how city attorney’s office would answer that.[Again, wow. The City Attorney decides for the CDA, that MUST have been a mistatement . . . and it’s really unfair for Marx to have to be answering these questions.]
Kerr say in future if discussing these transactions, someone from the city attorney should join us to answer commissioner and public questions.
O’Driscoll ask if they acted fairly, did they not follow the law or treat different people differently based on race.
Marx says no.
Thonmpson-Frater asks a question about the appraisal and assessed value. Would they argue the assessment down when they come out due to the appraisal.
Marx says when assessments come out, may see a dollar movement, don’t know how much will go down, nothing to do with this.
Bruer says he has argued about our moral responsibility, you and city attorney reminded us that we have a legal responsibility as well [???? again, can’t hear him today] He says it was explained to him that we have items coming before us after this and on the opposite end of this, there could be legal challenges or in court of public opinion the taxpayer that we need, because of the law, we need a uniform legally defined process to determine values, held constant regardless, we could be challenged by the other side and court of public opinion. He talks about valuation on W. Washington Avenue and complaints there. Take to city attorney’s office, preferential treatment and increased value of properties, raising that because not been a lot said this evening or though public process, explain what city attorney and your office do to justify value and firm rationale, do we have values that in your opinion are defensible on both sides, determining do we need to have a responsibility to justify the valuations, appraisals are key tool? [Yeah, that was one long, very confusing question, which I lost track of a couple times.]
Marx says that they have an obligation to provide just compensation – that is the obligation under the law. The Realtor who spoke says appraisals are opinions of values, each is an opinion of value – they have to decide which they believe. It is obvious that our appraisals were low, will concede that, but after seeing their appraisals, they didn’t think they got just compensation, but when reviewing their appraisals, saw flaws in comps and they questioned their values, so they made an offer, more in line with to their appraisal.
Levitan asks if we would be in legally in defensible territory if offered assessed values?
Marx says that they can bring it in a evidence, it is admissible.
Levitan asks who would have standing to sue us?
Marx isn’t sure. Not sure if others have standing or not. [Again, he’s not the city attorney.]
Levitan says that if there are no questions, he doesn’t believe the agenda is properly noticed to address this substantively so he moves that CDA meet at a special meeting on the 25th at 4:30 pm to meet to reconsider.
No one seconds it.
Levitan argues that it remains unresolved and thinks it should be discussed and disappointed if no one seconds it.
No one seconds it.
With that, Levitan packs up and leaves. He explained to me in the hallway that he has somewhere to go, but even if he didn’t he might not feel like staying anyways.
And that’s it. Pretty stunning and powerful testimony, and it does seem still unresolved.
