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Strings attached to Bainbridge Road restoration
(by Sue Reid - September 09, 2009)
Strings attached to Bainbridge Road restoration
By SUE REID
Solon Councilman John T. Scott said at last week's public works committee meeting that the city seems to be "putting the screws" to residents along Bainbridge Road in regards to the proposed restoration program.
The committee approved a motion to seek the legal opinion of Law Director David J. Matty regarding the restoration program. A proposed agreement developed by the city's engineering and public works departments, with assistance from the law department, would require applicants to provide the money they are paid by the county as a down payment to the city for the work being considered.
That followed the city's commitment to perform landscaping for residents along Bainbridge Road above and beyond that being paid by the Cuyahoga County Engineer's Office.
"It's true they are getting nowhere near the value of what they are losing," Mr. Scott said of Bainbridge Road residents. "Why would we feel compelled to take that money?"
The thinking of the law department is they would be getting paid twice, city Engineer John J. Busch said of residents.
Mr. Scott said they're not even being paid once.
"We want to contribute," Public Works Director James S. Stanek said, "but we don't want to set a precedent that we are paying city money on private property. In fairness, if they are compensated and we are going above and beyond, they should contribute."
Councilman Edward H. Kraus said he doesn't believe that taking the money from the residents would have anything to do with some sort of legal requirement. "They are being compensated for the taking, not the trees," he said. "It's not being paid twice. The restoration issue is a separate issue."
Mr. Scott said, if Mr. Matty has ruled that, by law, the city must take the money, that's fine, "but for us to arbitrarily decide to do it when it's nowhere near what they are going to lose, for that small amount, it adds insult to injury.
"A legal issue is one thing," Mr. Scott said, "but other than that, for the couple hundred dollars we're taking something that we don't really have to, because their loss is going to be much greater than that."
Mr. Scott said if it's not a legal issue, he would like City Council to weigh in on it, "instead of just assume we're going to do it."
Mr. Scott said it seems that the city "stepped up to the plate" before, and now it seems "we're throwing road blocks, no pun intended, left and right.
"We didn't say we would replace the trees, but we'd replace screening," Mr. Scott said. "Now that's starting to change a bit. Residents won't get what they thought they would for the inconvenience."
Mr. Busch said the appraisals given to residents are consistent with those in other city road projects.
"Those can't compare with what's going to happen on Bainbridge Road," Mr. Scott said.
"Let's at least err on the side of residents and have discussions at council," Mr. Scott said.
"The city's committed to doing whatever needs to be done," Mr. Stanek said. "It's up in the air as to what the residents will be asked to contribute." Mr. Stanek said that after the legal issue is determined, the philosophical interest will be determined. "It's council's decision," he said.
The committee also discussed the upcoming open house with the county from 5 to 8 p.m. Sept. 22 at Grantwood Golf Course. Mr. Busch said portable message boards will be set up along the road to alert residents of the meeting.
"They will set up individual stations where residents can ask questions on a one-on-one basis," Mr. Busch said.
Mr. Stanek said that the open house will be the first time the county will be looking at the "nuts and bolts" of the project. He said it is important that residents show up at the meeting and have their concerns in writing. They should bring one copy for the county and one for the city so it is clear what their issues are, Mr. Stanek said.
Councilman and committee member Robert N. Pelunis said he hopes there are enough representatives from the county present to address all of the residents' questions and concerns. Mr. Busch said they will have a variety of people there, representing various disciplines, such as in the areas of right of way and design.
In addition, Mr. Scott said, for the pre-bid meeting with the county that will be upcoming, it is important that all of the questions from both the city and the residents are presented to the county in an orderly way.
"I don't want to start out the way we've started out this project," Mr. Scott said. "I don't want anything falling through the cracks."
"We have to have everyone singing off the same song sheet," Mr. Scott said. "We have to construct something that is one cohesive paper." Those can include issues raised by police, fire and residents.
"When the project first became known and the residents were upset about it, there was a lot of misinformation passed out," Mr. Scott said. At that time, he said, he proposed to council that there be a master question sheet where all of the council members submitted their questions, as well as questions and statements from the fire and police departments.
"That's what I suggest to do at this point," he said, referring to prior to the pre-bid meeting with the county, which has yet to be scheduled.
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