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Resident's culvert complaint prompts council to rewrite right-of-way policy
Summary
A resident, Mr. Hamdan, told the council his culvert and a dry retention basin at 30 Martingale Dr. are causing backups and that his HOA would not assist. Village officials said the ordinance applies to right-of-way work and that spending public funds on private property is not permitted; council agreed to rewrite the policy for clarity.
Resident Mr. Hamdan raised a problem at the Oct. 16 council meeting concerning a culvert replacement at his home, 30 Martingale Drive, and asked who should respond if the culvert backs up.
Jeff Filarski, the village engineer and building official, replied that the system is designed to back up into the resident’s yard and that the dry retention basin should be maintained by the homeowner association. Filarski stated the village ordinance/policy as drafted is intended to apply to work within the right of way and noted it is not lawful to spend public funds on private property. The minutes record that the HOA could not assist Mr. Hamdan and that, during discussion, council agreed the ordinance/policy was poorly written and directed staff to rewrite it to make responsibilities clearer in the future.
The minutes include a colloquial note that the dry retention basin had become 'a house due to an exception,' but do not provide details on what exception that refers to or any immediate corrective action timeline. The council did not vote on a repair or funding at the meeting; rather, members agreed to revise the policy language.
