Bexley city council meeting: solar panels generate heated debate; police open house set. John Matuszak reports for Bexley Public Radio.

A company wants to put solar panels on the carport of the new Bexley police station, but one of the key planners for the station wants to make sure the city doesn't get burned.

At the Dec. 8 city council meeting, David Cohen, with Dovetail Solar & Wind, and landscape architect Mark Scheiber offered the presentation on behalf of Solar Vision, the company that wants to install the panels to generate electricity for the station.

Cohen explained that the company recently obtained grants to allow it to take on projects in Bexley and Athens, Ohio. The Bexley project would entail installing 540 panels on four carports, with Solar Vision paying for the $935,000 construction and ongoing maintenance of the panels and other equipment.

Under the agreement, Bexley would pay Solar Vision for the electricity generated by the panels. Cohen estimated that the panels would generate betwen 15 and 20 percent of the electricity used by the station, and that this would translate into a savings of $2,267 in energy costs in the first year of the contract and $75,000 over 20 years.

Bexley would have an option to buy the equipment down the road, Cohen said.

Councilman Jeff McClelland asked what would happen if better technology became available five or 10 years down the road.

Cohen said big leaps in solar technology are not anticipated.

Lee Nathans, chairman of the Bexley Police Citizens Advisory Committee and for 10 years a leading advocate and planner for the station set to open this month, took exception to Solar Vision's sunny predictions.

He pointed out that many hours went into planning the design of the station, and the city hired the best environmental engineer in the state to make sure Bexley had a "green" building that was LEED (Leader in Energy and Environmental Design) certified. He is concerned that adding the panels at this late date could jeopardize that certification.

The city's architects considered and rejected adding solar panels because they did not believe they would generate enough power to the building, Nathans added.

He called for an independent analysis of all of Solar Vision's estimates for costs, engineering and energy savings, at the expense of the company.

The new police station replaces a structure built during Harry Truman's presidency, Nathans added. In response to Solar Vision's presentation, Nathans repeated the motto of Truman's home state, Missouri: "Show me."

The next step, according to council President Matt Lampke, will be to have City Attorney Lou Chodosh review the contract submitted by Solar Vision. Before council considers the project, the plans will have to be reviewed by the planning commission, board of zoning appeals and the tree commission, he noted.

The city is planning an open house for the new station at 559 North Cassingham Road for Dec. 19 from 10 a.m. to 2 p.m. The station is not expected to be operational until Dec. 31, after which it will be restricted to those with police business.

A ribbon cutting and dedication will be held in the spring.

The new building triples the space available at the current station, built in 1950 as a fire station.

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John Matuszak: Bexley seeks to nix texting and driving.

Exit the Information Superhighway before traveling our roadways.

That's the message Bexley City Councilman Jed Morison wants to send as he introduced an ordinance banning texting while driving in the suburb.

"It's a tool to say 'it's against the law to text and drive'" in Bexley, Morison explained at the July 28 council meeting. "If your hands are off the wheel and your eyes are off the road, it's a disaster waiting to happen."

A recent study published in the New York Times stated that drivers who are texting are 23 times more likely to have an accident - a greater risk that drinking and driving.


Morison wants the ordinance to be more educational than punitive, and he isn't looking to create a greater burden for police.

"My hope is that parents and family members and friends will be the chief educators and enforcers" of the ordinance, he said.

Some 14 states and several Ohio cities have entacted similar prohibitions, but Bexley is among the first central Ohio communities to take on the issue. Around 100,000 vehicles pass through Bexley every day.

City Attorney Lou Chodosh pointed out that Bexley already has a law against "driving while distracted," but that the texting ban would be more specific.

While some residents are questioning whether council should spend time on the ordinance, others are supportive, and the effort is drawing attention from outside the city.

Gahanna resident Sharon Montgomery spoke in favor of the move. Nine years ago her husband was killed and she was seriously injured in an accident involving a driver using a cell phone.

For 12 years, the state legislature has been trying to pass a bill banning cell phone use while driiving, without success, Montgomery said.

"So, if you want people to be safe in Bexley, you're going to have to take matters into your own hands," she said.

Morison acknowledged that this legislation could lead to a discussion of banning cell phone use while driving, but he wanted to get the texting law passed before getting hung up on that issue.

While teens do the majority of texting, Morison noted that the ordinance is not directed solely at them. In fact, since adults are less proficient at sending text messages, it's probably more dangerous when they text and drive, he added.

The ordinance will have additional readings when council returns from its summer recess in September, and the city is looking for public input on the issue before it votes, Morison said.

In other business, at council's service committee meeting, Councilman Rick Weber reported that residents could see an increase in their trash bills under a new contract with Rumpke Waste Haulers.

Bexley has been negotiating with the hauler it has used for seven years, along with a consortium of communities including Reynoldsburg, Gahanna and New Albany. The Solid Waste Authority of Central Ohio has also been part of the talks.

Under the proposed contract, the cost for most residents would increase from $60 to $72 per quarter for 2010, Service Director Bill Harvey said. Costs for senior citizens would jump from $40 to $66 per quarter.

Harvey wants to revisit how the city extends the senior citizen discount.

Weber said that these costs would be fixed for the length of the five-year contract, but that Rumpke could increase charges to the city if fuel costs or recycling fees go up.

The trash contract has to be approved by Oct. 1. A service committee meeting with a Rumpke representative will be scheduled in September.

In other news, council:

Approved an ordinance ending a moratorium on hiring union-represented employees without council's approval, as long as the salaries are in the current budget. Council retains the ability to approve hiring of non-union employees.

Introduced an ordinance to purchase property adjacent to the city's community garden near Sheridan Avenue for $22,000. The purchase would provide easements to other city-owned lots and secure land for future development, Mayor John Brennan explained.

Introduced a resolution allowing the mayor to accept a $475,000 state grant for interior renovations at Jeffrey Mansion. Parks and Recreation Director Mike Price said the work would cover heating and cooling systems, floors and other repairs, and not expansion of mansion facilities.

Scheduled a meeting of the Land Use Master Plan Committee for Aug. 4 at 6:30 p.m. at Torah Ehmet synagogue on Main Street. The plan covers future development in areas including Livingston Avenue, Mayfield/Ferndale and North Cassady Avenue, according to Councilman Ben Kessler.



Announced that the Labor Day block party would be held at Jeffrey Park Sept. 6 from 3-6 p.m. with games and activities for kids, a yard sale, a Bexley Meadow Band concert and barbecue dinners for $5.


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Bexley Public Radio Foundation broadcasting as
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Design is copyright 2009. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2009. All rights reserved. John Matuszak.

John Matuszak reports: Door hasn't closed on Gateway abatement

Bexley Gateway developer Larry Ruben has scaled back his tax abatement request for 36 Main Street condos, in a compromise presented to City Council's finance committee June 2.

Some council members are unsure how such a move would affect future development in the city, and residents are concerned about the school district and city losing tax revenue.

Council members have tabled the ordinance that would amend the current 50 percent property tax abatement on the residential units to 100 percent for 14 years. The change would not alter the abatement on the commercial and office spaces.

Ruben requested the amendment in the face of a free-falling real estate market that has allowed him to sell only three of the 36 condos.

After hearing opposition from some residents, and hestitation on the part of council, Ruben suggested an abatement that would decrease over time, averaging 70 percent over the life of the agreement.

Under this plan, buyers would get a 50 percent abatement this year. The 100 percent abatement would be in effect the following five years, decreasing to 75 percent for four years, 50 percent for three years and to 25 percent for the final two years.

In an impassioned address to council, Ruben refuted claims that the abatement is about rescuing him from a bad business climate.

"Focus on the project and not Larry Ruben," he told council, pointing out that he is reconciled to taking a personal loss on the $24 million development. "This is not about lining my pockets. You're not going to bail me out."

Ruben said that he wants to get people into the condos - including his own mother, a Berwick resident - as quickly as possible, bringing in income and estate tax revenue to Bexley.

Councilman Ben Kessler pointed out that the proposed ordinance would apply to all Main Street residential developments valued over $300,000, and that representatives should draft a policy that is flexible for future developers.

"This is a policy that extends beyond Gateway," Kessler said. "We don't want to tailor-make a policy around Gateway."

Resident Ted Schmidt called the Gateway "a poster child for development" and warned that failing to support the effort would tell future entrepreneurs to "stay away."

Other residents have questioned the fairness of revisiting the abatement when other property owners are struggling.

"How do we address the next property owner on Main Street who has fallen on hard times?" Councilman Jeff McClelland asked.

Bexley resident Emily Turner, who has worked with the Ohio Department of Development, commented that the compromise could create legal and accounting problems. In earlier meetings, Turner had suggested some type of step-down approach to the abatement.

She thinks the compromise would still take too much money away from the school district.

School officials, who have no say on the issue, have been silent on the abatement. City offcials stated that they have discussed the issue with adminstrators and have invited them to attend council debates.

City Attorney Lou Chodosh said he would prepare a fact sheet for council outlining the various scenarios before drafting an ordinance that includes the compromise proposal. The finance committee meets again June 9 at 6 p.m., followed by the regular council meeting at 7 p.m.

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John Matuszak reports on Bexley City Council Meeting of September 23.

CAPITAL BEXLEY GOOD NEIGHBOR AGREEMENT

Capital University's "good neighbor" agreement with Bexley, signed last spring, is being put to the test already with a rash of wild parties being reported. The latest one last Friday included fights, marijuana and several arrests.

At the Sept. 23 Bexley City Council meeting,City Attorney Lou Chodosh said he thinks the agreement is working, and that university officials, including President Denvy Bowman, are responding personally to these problems.

Chodosh reported that Bowman has urged the city to "prosecute to the fullest extent of the law" any violators who end up in Bexley's mayor's court. Those who are arrested are also being referred to Capital for further disciplinary action.

Capital signed the agreement with Bexley to handle complaints about student behavior and trash and beer bottles being left on the streets and lawns. The complaints surfaced when the university sought a zoning change to turn condos for senior citizens on Astor Avenue into off-campus student housing.

The most recent event to get out of hand was an annual gathering of fraternity and sorority members from different universities. That event has already been cancelled for next year, Mayor John Brennan told council.

Residents living near the campus on Sheridan and College avenues have frequently complained about out-of-hand students. The good neighbor agreement came about last spring when Capital proposed to turn condos for senior citizens on Astor Avenue into student housing. that zoning request was okayed by council contigent on Capital'sromise to clamp down on rowdy students.

Another request for a zoning variance by Capital University had residents again questioning whether the institution is a good neighbor at last night's Bexley City Counil meeting.

Council did grant the latest variance that will allow Capital to convert a house at 2361 East Mound Street into offices for its alumni association. The property had been zoned for single-family use. The vote was 5 to 1, with Councilman mark Masser voting no and Councilwoman Robyn Jones absent.

The house is now being used as an honors dorm and is occupied by two students.

The request had residents concerned that Capital is encoraching on residential areas. They also questioning whether the renovation fits with the city's southwest master plan, which directs campus growth to the west side of the city rather than to the east.

Capital's attorney, Don Plank, explained that converting the building to office use creates a buffer between the university's administative buildings and the residential areas of the neighborhood.

The offices will mostly be used for small gatherings and will allow the alumni association to host potentialdonors and others, Plank said.

Another Capital attorney, Troy Bonte, added that the building could be used ocassionally for alumni gatherings for as many as 30 to 40 people.

Bonte told council that the university will be asking for a maximum occupancy of 49 people. But Bruce Langner, the city's development director, said the occupancy limit will be decided after a review of the building plans.

Two residents who rent homes on Euclaire Avenue owned by Capital, Tamara Angle and Melinda Akins, spoke to council and said that the university should be putting more attention into these properties before it spends money renovating.

The women reported that they have had difficulty getting the university to respond to requests for maintenance. Attorney Troy Bonte responded that Capital has hired a new management companyto take care of its rental properties.

Councilman Ben Kessler stated that the university has a lot of space for gatherings and he didn't think this site was a good spot for such events.

Mayor John Brennan suggested that Capital provide a schedule of events at the alumni offices to keep resident and police officers informed. The city has a similar arrangement with Ohio State University President Gordon Gee, who has his home in Bexley, the mayor aid.

Before voting for the zoning variance, Councilman Rick Weber said he was "not jumping up and down' about the new use, but he was comfortable with it and was committed to improving relations with the university.

Weber did add that Capital could make things easier when it comes forward with these zoning requests if it did a better job keeping up the properties it owns.

OTHER BUSINESS

In other business-

Council's finance committee is expected to discuss next year's budget at an Oct. 7 meeting.

A proposed ordinance to prohibit picketing in front of residences has been referred to the safety committee and will be discussd at its Oct.14 meeting starting at 5:30.

The second round of bids for a new police station will be opened Sept. 30. The first set of bids came in around one milion dollars over estimates, leading architects to revise the projected cost for the project.

MOZART'S

It looks like Mozart's pastry shop in Bexley has closed after being open only a short time in the new Gateway complex. But Breugger's Bagels,which had a shop in town for several years, is coming back and will open in the former Woodworker's building at Main and Cassingham, next to the Penn Station sub shop.

SALT FOR WINTER ROADS

Service Director Bill Harvey reported that, because of skyrocketing costs, he has not yet ordered any road salt for the upcoming winter. He told council that the cost has jumped from $50 a ton paid last year to $150 a ton for 1,000 tons. And there is no guarantee of delivery. The city has about 150 tons on hand, and uses 100 to 200 tons per winter storm.

Harvey said he is looking at other options to de-ice streets, including brine and sand. There is also a possibility that crews will only salt main roads and intersections this winter. He said he will wait on a decision by council as to whether to order salt at the higher cost, or wait until the price possibly comes down.

WCRX-LP Editorial Collective
Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
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Fax (614) 235 3008
Email wcrxlp@yahoo.com
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Bexley Public Radio Foundation broadcasting as WCRX-LP, 102.1 FM is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation WCRX-LP, 102.1 FM.


Design is copyright 2008. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2008. All rights reserved. John Matuszak.

The Sidewalk Debates . Bexley, Ohio.

Tripping the light fantastic on the sidewalks of Bexley by the most sensitive man in Bexley, Simon Doer.

New York, we are not, nor are we Hyde Park, near sister city Bexley, England, yet we take sidewalk debates seriously, … even literally.

Perhaps the Englishman, William Shakespeare, said it best when Ariel, in The Tempest, lightly alludes to this even before the advent of sidewalks in the new world and to candidates being slip-shod when he replies to Prospero's command, 'Before you can say "come" and "go", and breathe twice, and cry, "so, so," each one, tripping on his toe, will be here with mop and mow.'

Okay so what has that to do with this issue and, the example of a student this sensitive resident knows, who while rushing to school with a backpack came face to face with the issue?

Bexley's City Service Department has evaluated city sidewalks needing replacement and repair and Bexley’s City Council approved an ordinance this summer to place financial responsibility on city residents for the repair and replacement of defective sidewalks. Yet, there has been constant debate as to whether the city or residents should bear the cost of fixing damaged sidewalks.

Precedent is with the city avoiding the cost of repairs as a 1948 ordinance placed the burden on each adjacent property owner to maintain the sidewalk abutting their property, until the city took over the responsibility in 2004. Concern with the infrastructure and continuing deterioration of sidewalks led to discussion of whether the city or the residents should be in charge of fixing the sidewalks.

A sidewalk is considered unsafe when there is a one-inch or more gap in between sidewalk squares that could result in someone tripping (and perhaps seeing the light fantastic at that time).

Ah, but what is a property owner to do? Legal liability could well face owners who do not take an active role in their sidewalk maintenance while cities may be able to claim some governmental immunity.

In the 2004 Court of Appeals Eighth District of Cuyahoga County, Ohio, of Bentley versus Collins, the Ohio duty and liability of a landowner abutting a public sidewalk to a pedestrian injured on it was reexamined. Under Ohio law, it is a generally accepted principle that “an owner of property abutting a public sidewalk is not, generally, liable for injuries sustained by a pedestrian. However, there are three exceptions to this general rule where a property owner may be held liable:
“(a) a statute or ordinance imposes on such owner a specific duty to keep the sidewalk adjoining his property in good repair;
“(b) by affirmative acts such owner creates or negligently maintains the
defective or dangerous condition; or,
“(c) such owner negligently permits the defective or dangerous condition to exist for some private use or benefit.”

Many joggers use the streets of Bexley rather than our sidewalks.

Is that a slap at the care we have given our sidewalks?

In April 30, 2008, This Week contributor Gail Martineau reported in an article titled “Service committee supports homeowner-funded sidewalk repairs,” that Rick Weber, council member and service committee chair supported the measure because he said the city has been falling behind on road improvements and needs to free up money.
Bexley has money coming from a 2.5-mil continuing levy passed by residents in 2002 "for the purpose of constructing, reconstructing, resurfacing and repairing streets, alleys, sidewalks and other similar improvements."

The levy produces a little over $850,000 each year. It costs residential property owners $56.47 per $100,000 of assessed property value; that to repair our roadways and throughfares.

Wasn’t that levy really to repair the infrastructure of Bexley’s roadways and to provide wheelchair and other access to the sidewalks, rather than to repair the sidewalks in front of property owner’s residences?

That was not the argument in 2004 when resident Nancy Duffy proposed a resolution altering the 1948 ordinance and the City agreed to repair all sidewalks.

According to the This Week reporter, City Attorney Lou Chodosh said the current debate centers on determining whether the levy was considered a tax or an assessment for city sidewalks. He said he interpreted the levy as an assessment because it was created for the specific purpose of "replacements or repairs of streets, alleys and sidewalks," rather than for the city's general fund.

In 2004, resident Nancy Duffy persuaded council to pass a resolution to pay for all sidewalk-related costs because that use was listed in the levy ballot language. She said to continue to assess residents would be double taxation.

In the same article by Gail Martineau, she referred to Cathy Della Flora, who lives on North Merkle Road, who said residents should not be responsible for repairing their own sidewalks. Della Flora said it was the city's responsibility to figure out how to pay for them.

"You cannot tax someone for something and double dip and ask them to pay for it," she said. "You overspent. It's not my problem."

Martineau wrote that Duffy said the city made poor choices in paying for repairs such as with driveway aprons, the large concrete slabs where the driveway meets the curb.

"Spending public money on private property is a very expensive decision," Duffy said.

Again according to the This Week article, Council member Mark Masser said he supports assessing residents for their sidewalks.

"We are falling further and further behind," he said. "This is one way to finally find some more money."
Martineau further reported that Frank Kass, who lives on North Parkview Avenue, said residents should fund their own sidewalks.

"I feel that the infrastructure in our city is deteriorating faster than we can fix it," he said. "It's our own responsibility to fix our property. We have to keep our infrastructure great."

Suburban News Publications’ writer Sara Johnson reported on September 5, 2008 in an article “Assessment of sidewalks gives
Bexley leaders things to think about” that according to the Service Department, employees assessed the area north of Broad Street, considered as north Bexley, to find 470 sidewalk squares and 10 driveway squares in need of repair for a total of $88,200 as the city's responsibility.

Bexley will be in charge of repairing a sidewalk if damage is the result of a city-owned tree.

Sara Johnson reported that Bill Harvey, City Services Director, identified sidewalks considered for residential responsibility included 430 sidewalk squares and 30 driveway squares for $86,300. [That is similar to the 50 50 arrangement some cities share in the repair of sidewalks with property owners.]

Sara reported that the city discovered that central Bexley, the area between Main and Broad streets, had between 1,200 and 1,300 sidewalks squares that required work and that the area south of Main Street, south Bexley, needs work on around 2,000 sidewalk squares.

She reported that the city spends around $700,000 from the budget on streets, sidewalks and alley repairs.



As to the student with the backpack, there was a double impact when tripping over a public sidewalk the backpack created a second impact with the sidewalk. So whatever the debate, this sensitive resident observes that this is more an issue about the safety of our sidewalks for the users rather than who is to pay for their repairs. Having paid $1,200 to repair all of the sidewalks squares in front of this sensitive resident’s Bexley home, without benefit of the funds of other property owner taxpayers, this writer could be callous to the pleas of the Nancy Duffy’s of Bexley, but is not.

Is this really a debate about who pays for sidewalk repairs? Don’t property owners pay one way or another, either through taxes or direct repairs? Wouldn’t direct repairs be more equitable for all property owners, each paying for the repairs for the sidewalk defects adjacent to their property?

Isn’t this really about protecting that student with the backpack? Aren’t property owners more likely than the city services department to be aware of ongoing issues with the sidewalks adjacent to their property?

The city of Bexley will still cover the cost of repairs caused by the trees they plant.

Do we really need other taxpayers to pay for our sidewalk repairs and us for their repairs? Should I cover the cost of the sidewalk repairs for a large corner lot when my frontage is in the range of thirty or fifty feet? Should all property owners provide for the repairs of the sidewalks in front of Bexley’s largest homes, which reap their market value in ultimate sales – even in this hopefully temporary declining home value market cycle?

This is one sensitive man’s opinion. What’s yours?

Contact:

The Most Sensitive Man In Bexley
WCRX-LP Editorial Collective
Bexley Public Radio Foundation operating as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Bexley Public Radio Foundation operating as WCRX-LP, 102.1 FM is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation WCRX-LP, 102.1 FM.

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Copyright 2008. All rights reserved. Bexley Public Radio Foundation.