Crescent-News.com - Yard waste move gets raked into the court room

By JARED ORZOLEK

orzolek@crescent-news.com

NAPOLEON -- A Napoleon resident has filed an appeal in Henry County Common Pleas Court seeking to override city council's decision to move the yard waste site to an area east of Oakwood Avenue.

Jeanette Damman, 388 Independence Court, filed the appeal -- which claims council's decision was unconstitutional and a violation of Ohio law -- on Wednesday. Independence Court is north of the future location of the site.

Napoleon law director David Grahn said that city officials will likely appoint special legal counsel to represent Napoleon in the case. Grahn has stepped aside in advising the city on the yard waste site issue due to a conflict of interest as he lives near the relocation zone.

The issue of the yard waste site, where city residents can drop off grass clippings, dead trees, leaves and other yard debris for disposal, has been the subject of significant debate among city leaders in recent months.

The Napoleon planning commission voted in March to deny the city's request for a conditional use permit needed to relocate the site.

However, city council voted 4-2 last month to grant the permit and allow the site to move from its current location off East Washington Street to Oakwood Avenue.

Councilmen Mike DeWit and John Helberg voted against moving the site to Oakwood Avenue, with the remainder of council members voting for the relocation.

Damman's appeal alleges that city council should not have overridden the planning commission's decision.

The city has 40 days to respond to the appeal.

A civil proceeding in Henry County Common Pleas Court would then commence with Judge Keith Muehlfeld ruling to override or affirm the city's decision on the new yard waste site location.

Council chambers was packed April 7 with concerned residents who live in residential areas near the site's future location when council members voted to move the site to Oakwood Avenue.

These residents were concerned, in part, about a potential decrease in their property values should the yard waste site be moved to their neighborhood.

Napoleon must move the yard waste site to make room for a 2.5-million gallon equalization basin set for construction as part of the city's ongoing effort to correct sewer overflow problems.

Napoleon is involved in an EPA-mandated, 20-year effort to stop sewer discharges from overflowing into the Maumee River.

City officials have indicated the need to move forward with the project as Napoleon is seeking a loan with a 1 percent interest rate from the EPA to fund construction of the $8 million equalization basin. The city must decide by June on a location for the yard waste site because the EPA is requiring the city to disclose the site's location before ruling on the loan application.

City officials have indicated that a conventional loan at a 5 percent interest rate would result in an additional $4.5 million in expenses over the 20-year life on the loan.