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Councilman caught in middle with sewer assessment
(by Joseph Koziol Jr. - April 29, 2010)
Councilman caught in middle with sewer assessment
By JOSEPH KOZIOL JR.
Last June, Chardon city Councilman Philip King stepped aside from his involvement in discussion on sewer assessments for property owners along Wilson Mills Road.
At that time, the Ohio Ethics Commission recommended that Mr. King, who lived in a home that would be affected by the assessments, do so.
The commission cited a state law that "prohibits a city council member from accepting, soliciting or using his authority to secure any benefits which are selective, differential or in disproportion to the benefits provided to other citizens or property owners."
It cited a 1992 commission opinion in which it ruled that a council member should avoid any participation in a road-extension project near his or her residence.
At that time, Chardon Law Director James Gillette said he personally believed Mr. King's situation fell into a "gray" area, because he does not own the land, nor would he receive a direct benefit. Mr. King's wife owns the property.
Although Mr. King said he did not believe he had a conflict, he agreed to step aside because of appearances.
Last week, Mr. King again appealed to fellow council members to look at ways for reducing the assessment for 23 affected homes along Wilson Mills Road, where sewers are installed.
"That's a tough pill to swallow," he said. "Is there any way to carve out something to help the current 23 homeowners?
Mr. King made the appeal after John Sheehan, the city's planning and zoning administrator, informed council that the average cost to the 23 homes would be $13,200. The assessment is expected to affect those roughly between 320 and 409 Wilson Mills Road.
The project was part of a sewer district that stretches from Chardon Lakes Golf Course in the south of the city to its western boundary at Parker Court. Residents are charged only for the cost of their section of the sewers.
Mr. Sheehan said, under a plan developed by the city, those residents will be able to pay back the assessment through monthly payments on their water and sewer bills. He said the payments will average $73 a month for 15 years.
Mr. Sheehan said the city worked hard to reduce the assessments and he did not believe that further reductions could be found. "I can tell you we are helping them," he said.
Mr. King asked Mr. Gillette to look at how federal money applied to the sewer project could be spent in hopes of finding relief for residents.
He said after the meeting that he could petition on behalf of the residents, because he was not seeking a benefit for himself or his family. He said he already has had discussions with his wife, and they have agreed to pay the $13,200 assessment regardless if concessions are won on behalf of the other residents.
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