Meetings
 
Agenda Item
Docket No. 13-1547
 
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RE:
Advisory opinion request regarding whether the Mayor and Town Council for the Town of Franklin may use public funds to elevate a resident's home.
Facts:
Belva Notto is an employee of the City and is presently Assistant Public Works Director. She and her husband, who is not an employee or official with the City, have made a claim against the City in connection with the elevation of their home in Franklin. In 1995, the Notto's built or placed their house on a lot in Franklin. Prior to doing so, they were required to secure from the City a flood zone determination and to elevate their house to a certain height based upon that determination. The City issued the flood zone determination and the Notto's placed their house on premises in conformity with the flood zone determination.

The Notto's did not have to pay for the elevation of their house at that time due to their qualification for a grant to pay that cost. Recently, it has been discovered that the 1995 flood zone determination was incorrect and that the Notto's house should have been elevated slightly higher than the height at which it was built.

The federal government is now demanding that the Notto's raise their house to the height which is now required, and that they do so at their cost since the house was not elevated to the correct height when it was originally constructed. Had the initial flood zone determination been accurate, the Notto's would have built in compliance therewith, and that cost would have been paid by the grant available at that time.

There is no grant program available to pay for raising the house at this time. Therefore, any cost associated with raising the house will be borne by the Nottos. It is this amount of cost to raise the house that the Notto's claim from the City. To settle the matter the Town is offering to pay the cost to elevate the house. Belva Notto does not exercise any authority as Assistant Public Works Director in connection with the contemplated action, the payment of a claim for damages. This action can only be taken on behalf of the City by the City Council and Mayor.

Law:
Section 1113 of the Code prohibits a public servant from entering into a transaction that is under the supervision of the agency of the public servant.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-1547.docx
2013-1547: Advisory Opinion Request