May 20, 1998    Deposition of John B. Smith (Page 66)
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1 ascribe to?
2 A. Yes, private development.
3 Q. Now, on this private development, you've
4 identified some activities that are other than private,
5 such as curb and gutter.  that's not private, is it?
6 A.  Well, people, when they develop - on some of
7 this stuff, when people have curb and gutter that's
8 dilapidated, whatever, they want it replaced, the City
9 has a program of which you know, you've heard this many
10 times, they have a program where there's shared costs
11 and they can replace curb and gutter.
12 Q.  Paving of the street, the public street, is
13 that private?
14 A. That's just - basically, it was a patch job.
15 Q. A patch job?
16 A.  It's basically - they didn't rebuild the
17 street.  They didn't rebuild the whole street.  They
18 didn't make it a project.  It was just part of - it
19 come out of their patching budget.
20 Q.  Compare, then, for me, if you will, or
21 distinguish, if you will, a patch job versus what you
22 call a major development.
23 A. A major development is when you completely
24 rebuild the road.  You take the entire thing clear down
25 to subgrade, the entire amount.  You come back up with
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1 lifts of subgrade, grade, and asphalt, and it is usually
2 bid out to a private contractor to build.
3 Q. At what point does a project cease to be a
4 patch job, either in terms of dollars or magnitude?
5 A.  I couldn't answer that because I don't know.
6 Q.  You don't know?
7 A.  I don't know.  That's to do with Chad Stanger
8 and the street department.  I would not know the limits
9 on that.
10 Q.  How do you know that this private development,
11 your words of choice, is a patch job?
12 A.  That's what they said they was going to do,
13 patch it, and that's how they treated it.
14 Q.  Who's the they to whom you refer?
15 A.  The street department.  That's what they told
16 me.
17 Q. Who specifically told you that?
18 Romney Painter and his foreman.
19 Q.  Who's the foreman?
20 A.  I don't know.  He changed foremans and I can't
21 remember the guy's name.  It's whoever his firsthand --
22 right-hand guy is.
23 Q.  In any event, as to this private development,
24 did you stake the curb and gutter grades?
25 A. Yes.  On all curb and gutters, the surveyors,......