06/07/1982 Meeting Minutes - Laserfiche WebLink

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Mrs. Fetzer quoted from Section 7.of page 19 of the Mayfield Village Charter, stating that the Department of Public Service shall (a) .be responsible for the repair and maintenance of all public roads, streets and alleys...et cetera. She said the residents might ask where the Department of Public Service is concentrating its efforts. Mrs. Fetzer said according.to Ordinance No. 7 passed'by Counc.il on April ll; 1921 Beech Hill Road is a dedicated road, dedicated to public use. She said.she has copies of Ordinance No. 7 as well as Mr. Feneli's July 30, 1981 letter to Mayor Beebe, available for Council. She requested that Mayor Beebe and Council ask Mr. Feneli to inform them where such legislation exists to support Mre Feneli's opinion that Beech Hill Road was not accepted for public maintenance and dates of passage. She asked that the information be made available for Beech Hill residents. Mr. Feneli stated he would like to respond to several things Mrs. Fetzer brought up. He hopes that those who live in.the Beech Hill or Beecher`s Brook area do not take this meeting as an adversary meeting. Mr. Feneli stated it is impossible for him; or anyone, to provide copies of ordinances declaring that Beech Hill was not accepted for public ma.intenance. A search of the Village records, as he has been told (he has not personally searched them) indicates there was no.such ordinance, resolution or motion by Council. There is a distinction between a roadway being adopted for public use and being adopted for public use and ma.intenance. There a-re many road- ways dedicated for public use which means that the general public is permitted to drive on those roads. However, there is no responsibility to the municipality to pave, grade, patch, etc. un'til they are accepted for public maintenance. It is his understanding this particular roadway has never been accepted for public maintenance. Therefore, any work that has been done on the road over the years has been done at the expense of all of the taxpayers of the municipality. Any work that has been done, under the statutes of the State of Ohio, could have been assessed to the homeowners all along. To his knowledge, there has never been an assessment for any work that has been done to keep the road passable for municipal vehicles. Mr. Feneli stated in reference to the section of the Charter.that states the Public Service Department is responsible for the repair of public roads, that is correct. However, the issue becomes who is going to pay for it. Even if the municipality had taken the responsibility for the mainten<<nce of Beech Hill, they could still determine that because the bed of the.road is deteriorating at such a rapid rate, that patching will no longer serve any useful purpose. He said.Lhere has been no decision made at this time, buL wants everyone to be aware that the cost can be assessed to the property owners if the Village so wishes. He said it is an expensive project. Council has determined the cost should not be born to all residents of the municipality, thus the letter was sent. He said Mr. Hovancsek can answer cost questions. A resident asked who ascertains whether a road is accepted for public use or public use and maintenance. Mr. Carmen stated the Beech Hill Road.problem has come up each year for the past three qears.. Council has been hesitant to discuss the problem as they know they will have alot of angry residents in the audience. This year the problem has become serious and Council is concerned about the safety tactors.