WARREN DEVELOPMENT Councilman, activist call for new legislation

The case involves the city's paying for improvements in a development.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- A councilman and a community activist believe council must pass new legislation to match an agreement between the city and a citizens group regarding a controversial east side housing development.
In 2000, the Ohio Supreme Court ruled the city couldn't use taxpayers' money to help Canton developer Harry Giltz build roads and make other improvements in Country Club Estates off East Market Street.
The court said the city's assistance amounted to unlawful use of taxpayers' money. The lawsuit was filed by Citizens Involved in the Community, a grass-roots group.
Agreement
In January, council passed legislation to pay $35,000 in attorney fees to the group's lawyer as part of the agreement. The panel also passed legislation calling for owners of undeveloped lots to pay a $135 per-front-foot assessment for improvement costs.
A judgment entry signed last month by a Trumbull County Common Pleas Court judge and attorneys representing CIVIC, the city and the real estate company, calls for city council to pass legislation authorizing collection of assessment on property in the development to recoup its costs of improvements there -- a road and sanitary sewer, storm sewer and waterlines.
The amount to be recouped is $380,625, according to the judgment entry. Total costs of improvements was $634,560.34, but some money already has been paid to the city by the property owners.
"The [agreement] did not live up to legislation that we passed," Councilman James A. "Doc" Pugh, D-6th, said at a finance committee meeting Tuesday. "I plan to turn in new legislation that will hopefully bring this matter to a close."
Sally Shubert Hall, a community activist who works as a volunteer for Pugh, said documentation she's collected from county and city records indicates that one of the lots hasn't been paid for, but in the entry, that lot's assessment is listed as paid.
Foreclosure proceedings
The county treasurer's office has started foreclosure proceedings on the lots in the development owned by Crossbar Development for unpaid taxes.
Hall is concerned that the city won't get paid the assessment if those properties are sold in a sheriff's sale.
Greg Hicks, law director, acknowledged that some of the figures are incorrect and said those are being addressed.
He said the assessment on the lot Hall spoke about is in escrow and the city is working to have that money released.
Some issues like how assessments are to be determined still are being worked out by attorneys on both sides, he said.
He said he doesn't think council needs additional legislation to resolve the case.
denise.dick@vindy.com