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In this case, grass wins over pavement
(by Joseph Koziol Jr. - June 06, 2012)
In this case, grass wins over pavement
By JOSEPH KOZIOL JR.
Burton Village officials hashed out the responsibility last week for mowing tree lawns in front of North Cheshire Street businesses and whether public dollars should be used to pave a private alley.
They agreed that mowing in front of the businesses will continue but backed off plans to pave the alley behind businesses on the west side of North Cheshire Street, leaving that responsibility to the property owners.
The issue arose three weeks ago, when Village Council was asked to approve contracts for various road work. Included was a repaving of the alley. Discussion at that time also turned to village crews mowing the tree lawns in front of North Cheshire Street businesses. Council members questioned whether the village should be involved in either job.
Mayor Nicholas Fischbach, who was absent from that meeting, said last week that he had directed village crews to mow the tree lawns in an effort to spruce up the town before the arrival of Ohio Chautauqua in July.
"I'm trying to work real hard with council to do things right," Mr. Fischbach said. "I wanted the village to really look nice for visitors that come here."
He said businesses have been inconsistent in handling the grass cutting, and the village crews gave it a more uniform look.
Village Solicitor Todd Hicks said the public right of way extends to the buildings along North Cheshire Street. While the village encourages shopkeepers to maintain the lawns, the village has the right to do the work, he said.
In the past, the village has planted trees within the right-of-way, Mr. Fischbach said. "That is our right of way."
But Councilman Craig Ronyak said that action opens the door for others to ask for the same service. He said many of the residential streets in the village have wide rights of way. "Where do you draw the line in using public dollars for some and not others?" he asked.
Mr. Ronyak said some business owners along Burton Square have asked him why they don't get the same service as North Cheshire Street businesses. "Business people come up to me saying, 'Why don't you do ours?'" he said. "Why use our resources for a select group? How do we pick and choose?"
Mr. Hicks said there is a "logical difference" between businesses on North Cheshire Street and residential streets, noting that homeowners are used to mowing their lawns.
Councilman Jeff Coleman said the issue is not whether the village has the right to do the work but who makes the decision. "I'm not arguing that you have the right to do it," he said. "My question is who makes that decision."
He said his concern revolves around how council learned about the mayor's directives for the work. "It rubs me the wrong way how it was implemented," he said.
Village Council President Linda Swaney said minutes from past meetings show that the issues were discussed by council, but it wasn't asked to make a decision on the matter.
Council agreed to allow the practice to continue until the end of summer and then decide how to handle it in the future.
Mr. Fischbach said paving of the private alley is a matter of health and safety, as village residents use it, including children on bicycles. "Does council wait until someone gets hurts to learn if we can be sued?" he asked.
Council could address the pothole-filled alley and then ask for businesses to pay for the work, Mr. Fischbach said.
Mr. Ronyak said, while it's a matter of health and safety, the village has no liability if something happens on private property.
Mr. Hicks said the alley is privately owned but is devoted to public use. He doesn't advise the village to perform the repairs and then attempt to collect from property owners, he said. "I'm concerned with the legality of going in and doing the work and then going after the businesses."
The village should inform property owners of the alley that its condition represents a nuisance and must be addressed, or the village could take legal action, Mr. Hicks said. The village could assess property owners for work done to correct the problems there, he said. "It's not our road."
Councilman Brian Johnston suggested setting up a meeting with property owners to discuss the issue.
Council asked that Mr. Fischbach arrange such a meeting.
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