Matuszak: Bexley's trash-picking permit idea dumped

Bexley City Council has decided to curb a proposal for a trash-picking permit, but the issue could be recycled as a ballot initiative.

Council's service committee voted 3-0 on Feb. 3 not to go forward with a suggestion from resident Robert Jessberger to change an ordinance that prohibits individuals from scavenging trash for items that can be repaired or re-sold. The recommendation was prompted by police warnings issued to Jessberger, who for years has periodically perused the city's alleys for salvageable items that he collects for charities and for profit.

Jessberger, who admitted to repeatedly skirting the law, suggested that Bexley residents could pay a $50 fee for a yearly trash-collecting permit, and that fines for violations could be raised to $250.

Police Chief Larry Rinehart has been adamantly opposed to the permit idea, that he warned could bring more people to the city's streets and alleys and add to property thefts.

A bicycle left in a driveway looks good to someone out at 2 a.m. looking for loot, according to the chief.

"The reality is, we are a city in peril," Rineheart told council, pointing out that 600 incidents of property theft were reported in 2008, and that arrests jumped by 200 from the previous year.

No other city the size of 2.5-square mile Bexley experiences this rate of crime, the chief added.

Rinheart said he is not against recycling and reusing items. "There is only thing that trumps that, the safety of the community."

Council members also stated that they did not want to discourage recycling household items, but ultimately sided on the safety issue.

Councilman Mark Masser noted that the law prohibiting trash picking was passed after Bexley began curbside recycling, which attracted those looking to sell cans and other items.

Rumpke, the city's waste hauler, makes part of its money from recyclables, he pointed out.

The anti-scavenging ordinance has not been stringently enforced. But service commitee chairman Rick Weber recommended that officers begin to issue citations to violators.

There are numerous organizations that will pick up household items for repair and reuse, including the MAP furniture bank, Masser said, and residents need to know about these options.

"The problem is the education of residents," Masser said. "That route is much better, not Mr. Jessberger's theory of Robin Hood."

Weber commented that this information could be included with quarterly water bills.

Not quite willing to dump the issue, Jessberger brought up the possibility of mounting a ballot initiative to change the law, although he said it would depend on the number of signatures he would need to collect.

In the meantime, he said he would be ending his trawling for trash.

John Matuszak reports: New police headquarters for Bexley police.

It's an all-points bulletin - Bexley will have a new police station.

On Oct. 14, after a decade of debate and indecision, Bexley city council voted 5-1 to approve $850,000 in additional spending for the police station project, paving the way for a groundbreaking in the next couple of weeks.

A meeting of the Board of Control - made up of the mayor, auditor an council president - will be held to award one of seven construction bids for the station.

Council President Matt Lampke cast the lone no vote, expressing concern over the future financing of the $7.4 million station with the city's increasingly tight budget. He re-stated his preference for having residents vote on a bond issue for the station.

Lampke did vote yes to allow the ordinance on the additional funding to go forward on its second reading. Councilman Mark Masser was absent, and six votes were needed to suspend the third and final reading.

Councilwoman Robyn Jones commented that the project has had more than enough discussion and was overdue for a final vote.

The 20,000 square-foot station, replacing a 55-year-old building about one-quarter of that size, is slated to be built on property purchased earlier this year on Delmar Avenue on the city's north end.

Councilman Ben Kessler, who was instrumental in shifting the focus of the project to the Delmar site as a cost-saving measure, pointed out that the current station is "literally falling down" and needs to be replaced.

Kessler added that, regardless of what happens with the station, the city is going to have to make drastic changes in its finances in the coming year.

Mayor John Brennan is convening a citizens task force to study the city's revenue and expenditures, and he expects to have recommendations by next April or May. Those recommendations could include a tax increase request on the ballot.

To get the city through it current budget crunch, council could also enact a temporary reduced income tax credit without a vote of the residents, according to Brennan.

The current budget picture has Bexley's end of the year balance down to $200,000 by the end of 2009.

Mayor Brennan told council he has been able to squeeze spending a little bit more, but he can't get to the $1 million balance Kessler had asked for.

Budget discussions will continue at a finance committee meeting on Tuesday, Oct, 21 at 6 p.m. in city council chambers.

In other business, city council voted 5-1 to defeat a proposed restriction on picketing in front of a specific residence.

City attorney Lou Chodosh determined that the law would be unconstitutional and unenforceable.

The ordinance was drafted after residents complained about protesters outside the home of a Bexley doctor who performs abortions.

Chodosh predicted long, expensive legal challenges on First Amendment grounds if the ordinance passed. And he added that it wouldn't keep picketers from marching up and down the street.

He also pointed out that the city already has at least 12 ordinances on the books to handle protesters who get out of hand.

"Leaving this alone is the best course of action we can take. We can protect our citizens without it," Chodosh said.

Again, Lampke cast the lone vote in favor of the ordinance, arguing that police officers culd be trained to enforce the law.

The measure drew a large crowd during debate last month, before i as tabled for further study. No residents spoke or or against the ordinance at last night's meeting.

An America in Bloom award was presented by ground maintenance supervisor Mark Moore. Bexley received a first-place award among 32 cities entered nationwide for landscaping, and a second-place awardamong six cities with populations between 10,000 and 15,000.

Moore said Bexley needs to mount a large-scale volunteer effort to earn a first-place mention next year.

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
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

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.

John Matuszak reports: Bexley council wrestles with budget, police bids

Is the starting gun ready to fire on construction of a new Bexley police station?

And could a tax increase request be on the horizon?

On the police station, it's "Ready - aim - wait."

As it moved achingly close to approving a bid on the long-anticipated station, council members last night opted to wait at least one more week before giving the green light to the $7.6 million project.

In the meantime, representatives are agonizing over next year's budget and appear anxious about whether they can even afford to build the new station.

At the Tuesday finance committee meeting, council members Rick Weber and Mark Masser argued that the public should be given one more chance to speak out about such a large expenditure - even though the public has been mostly mute over the 10 years the project has been debated.

On the table is an ordinance that would okay spending an additional $850,000 on the construction of the station. The ordinance received its first reading at a special council meeting after the finance committee discussion.

It is expected to have a second reading and a possible vote at the October 14 meeting.

The added expenditure became necessary when the first round of bids came in $1 million over the architect's original estimate, which has since been revised upward.

In the second round of bidding, Thomas and Marker Construction came in with the lowest offer of seven companies with a bid of $5,424,400.

Finance Director Beecher Hale has included the almost $500,000 in debt payments on the financing of the full project in next year's budget.

That budget estimates $11.5 million in spending through 2009, and $9.2 million in revenue, for a budget deficit of $1.6 million.

That scenario would deplete the city's fund balance, taking it from this year's $2.1 million to a little over $400,000 by the end of next year.

The city also has a $1 million rainy day fund for emergencies.

Hale blamed the persistent spending gap on tax revenues that have remained flat over the last several years, coupled with increasing labor, health care and other costs.

He pointed out that Mayor John Brennan and members of the administration have reduced spending requests for 2009 by a little over $600,000 in comparison to the current budget.

That might not be enough, some council members said.

Councilman Ben Kessler suggested that the administration should continue to tighten its belt until the projected fund balance for next year is at $1 million.

Mayor Brennan responded that he might be able to squeeze the budget a little more and get the year-end balance close to $500,000, but doubted the city could reach the $1 million mark.

"I think I've skinned the cat pretty well," Brennan said.

Councilman Weber interjected that the city could improve its bottom line by having residents vote on a tax issue to pay for the police station.

Councilwoman Robyn Jones floated the idea of requiring a balanced budget, but Brennan said that would be a mistake and would require laying off employees, including police officers.

Councilman Jed Morison suggested revisiting the budget in six months, but Kessler is worried that the city doesn't have six months before the global financial crisis worsens.

The budget picture ultimately affects large projects such as the police station, and the current fiscal crisis has officials questioning whether this is the best time to borrow.

Part of Brennan's plan to improve the city's financial standing is to convene a task force of citizens who would study the budget situation and make recommendations on cutting spending and boosting revenue. Those interested can get more information on the city's web site.

This could include a tax increase request next year. Brennan said he would prefer to ask for the increase before the school district places an issue on the ballot in 2010.

Councilman Masser expressed his approval of having a citizens' task force and added that the city needs to find a way to increase its revenue. Masser has been an advocate of a "tax equalization" plan that would bring the income tax rate paid by people who work in Bexley with residents who work outside the city.

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
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

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.

"The Most Sensitive Man in Bexley" is a style owned by Bexley Public Radio Foundation.

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