By Rosemary K. Otzman
Independent Editor

   Following a brief closed-door session on Aug. 19, the Belleville Downtown Development Authority voted to pay Andrew (Rae) and Beverly Thom $2,500 for damage to their building during construction of a municipal parking lot next door.
   The payment also covered a 3'x90' easement to provide for the parking lot light poles that had been erected on the Thoms' property by mistake.
   The parties in the settlement agreement agreed to keep the terms of the agreement confidential and not disclose the agreement or its terms "except as required by law or to enforce the terms of this agreement."
   The Independent reporter was present at the Aug. 19 DDA meeting and waited in the hallway during the half-hour executive session. After the DDA went into public session and took a roll-call vote to spend money, the Independent inquired as to what the money was being spent for, but met only silence.
   The DDA attorney said the agreement was available under the Freedom of Information Act. The next day the Independent filed a FOIA request and received a response from the DDA that same afternoon.
   The settlement agreement explains that in 2009 the DDA and its agents performed construction on an alleyway and an adjacent parking lot, commonly known as the Liberty Street Parking Lot.
   The Thoms own a parcel at 25 Fifth Street and during construction the Thoms said their building and grounds were damaged resulting in the building needing to be tuck-pointed and painted.
   The document said the compromise agreement was reached, after several meetings, in an effort to avoid costly litigation.
   The DDA agreed to pay the Thoms $2,500 for any and all damage to the building and grounds on the property.
   The Thoms agreed to do their repairs and also grant an easement, for $1, to the DDA to allow the DDA to enter their land to permanently erect utilities and other improvements commonly associated with a municipal parking lot.
   The permanent easement agreement allows the DDA to remove trees or shrubbery within or near the easement area which is necessary to prevent possible interference with the operation of the utility lines.
   The Thoms relinquished any right to the utility poles in the easement on their property.
Under the agreement, the Thoms are responsible for their own attorney fees and cost of legal work to transfer the permanent easement to the DDA.