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Briar Hill, city at odds over extra assessment
(by Sue Reid - October 12, 2012)
Briar Hill, city at odds over extra assessment
By SUE REID
Debate has renewed between Solon and Briar Hill homeowners after 11 years of negotiating a lease agreement for a dam reconstruction project that’s substantially complete.
Recently, the Briar Hill homeowners requested that the city approve approximately $29,000 for foundation work on a new dock to repair an appurtenance on which the old dock sat, in accordance with the storm-water management lease agreement.
City Council’s public works committee, however, denied that request last week after seeking an opinion from the city’s law director. Thomas Lobe determined that the foundation work was not necessary for the purpose of the operation of the dam and the stated purposes under the Ohio Revised Code. He concluded that the homeowners would have to pay for it up front and not part of the overall assessment.
The cost of the overall project, which is about $1.3 million, is being split between the city and the homeowners, with the homeowners paying a third of the cost up to $500,000. They already have reached their cap, according to the city.
The contract, which dates to 2009, has the assessment set at a certain amount, but the homeowners asked that the $29,000 be added to the overall assessment, with payments spread out over 40 years.
Homeowner association and dam committee member Adam Fair said the repair to the existing appurtenance should be included in the assessment because it’s attached to the dam. He indicated that there is language about appurtenances being included in the lease.
“We’re willing to go above and beyond the four corners of the contract by agreeing to pay 100 percent of the cost,” Mr. Fair said. “We were asking they include the $29,000 for the repair.”
Homeowner association and dam member Larry Powers added that it’s his opinion that a judge would agree with the homeowners that this is part of the construction cost.
Mr. Lobe, however, said that if that was the case, it would have been included as part of the project and put out to bid.
Beyond the $29,000 issue, there are some “serious flaws” associated with the construction of the dam, Mr. Powers said.
“We are not going to be handed back a crumpling dam and have to take care of it for 100 years,” he said and notified the city in writing. “The primary spillway is crumbling, This dam was supposed to last 100 years.”
“We have been told (the city) will address it,” Mr. Fair said Tuesday.
City Engineer John J. Busch said following the meeting that the spillway crumbling is something he had not been made aware of until that evening.
Mr. Powers and Mr. Fair also said there is an issue with the water level of the lake, as it’s more than a foot lower than what the lease calls for, “which is significant in a recreational lake.” The city held previous meetings with the homeowners, who voiced concerns over the water level. That led the city to hold initial meetings with engineers.
According to the lease agreement, maintenance of the dam is the responsibility of the homeowners.
The next step, Mr. Fair said, is to move forward with repairs to the concrete and to address the water level.
The Briar Hill Lake dam’s repair was mandated by the Ohio Department of Natural Resources.
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