by Jeff Saunders
Reporter
Hudson officials are not among two dozen area elected officials who have pledged to resist a planned stormwater fee, at least until the question of jurisdiction is resolved in Summit County Court of Common Pleas.
Northfield Center Trustee Paul Buescher e-mailed the text of a "declaration opposing" fees that the Northeast Ohio Regional Sewer District plans to begin charging property owners as early as October in a newsletter he sends to some township residents July 21.
The fee is expected to cost homeowners about $4.75 per month.
"This has been going on for several years," Buescher told the News Leader. "We've been under the shadow of this and it's getting serious."
Buescher said he also e-mailed the declaration to 68 elected officials in 11 northern Summit County communities and at the county level.
The declaration was signed by 24 officials from the township, Macedonia, Northfield Village, Sagamore Hills, Twinsburg, Richfield Village and Richfield Township, as well as Summit County District 1 Councilor Nick Kostandaras.
It states that those signing it agree to encourage residents to not pay the fee, until the common pleas court rules on the case filed last December by Summit County on behalf of Bath, Macedonia, Boston Heights, Richfield Village, Hudson, Sagamore Hills, and Northfield Center. In that case, the county argues that the district does not have the jurisdiction to charge the fee within Summit County.
While the city of Hudson joined other communities in the Summit County Common Pleas Court complaint against the NEORSD, it will not to ask its residents to not pay the fee.
"The city believes that this matter is in litigation and that the declaration could potentially damage our standing in that litigation," said Hudson Communications Manager Jody Roberts. "We will await resolution in the court."
Jennifer Elting, spokesperson for the NEORSD, said the declaration is troubling.
"It's political games at this point and it's irresponsible for him to tell his constituents not to pay their bills," she said.
Kostandaras said that while he believes Buescher "is on the right track," he is trying to arrange a meeting between community and county officials to discuss the declaration with Mary Ann Kovach, chief counsel of the Summit County Prosecutor's Office's civil division. The division is representing the county in both the Summit County case, as well as a Cuyahoga County Court of Common pleas case the county is taking part in.
"This is far too important," said Kostandaras. "We need to do this in a unified manner."
Kovach told the News Leader July 22 that while she is "familiar with" the declaration, she did not have an opinion on it. She declined to comment on the court cases.
"I've been fighting this battle for at least three years and there's no way I can not sign anything that tells us to resist," said Macedonia Mayor Don Kuchta, who was among those who signed the declaration.
"I'm not looking for a revolt," Northfield Village Mayor Victor Milani, who also signed the declaration. "[But] if asked, I will give an opinion ... the opinion is that until a judge tells us this is legal, not to pay the bill."
Some area officials say they question the declaration, however. Although his name appears on the list, Northfield Center Trustee Richard Reville said he has asked Buescher to remove it because he is concerned that the township may not be able to provide adequate support for residents who choose not to pay their bill.
"How do you tell people not to pay their bills if you don't have the mechanism to back people up?" he asked.
Macedonia City Councilors Jan Tulley and Ken Martin said they do not believe the declaration is needed because the city agreed late last year to take part in the county's court opposition. Sagamore Hills Trustee Jim Hunt, who also did not sign the declaration, said "has very confidence in the prosecutor's office."
"The declaration kind of undermines the work of the prosecutor," said Hunt.
County and community officials also say they fear that despite the NEORSD's contention that an estimated $3 million annually will be generated in Summit County, most of the money will be used to benefit Cuyahoga County.
"[I have] never seen any plans," said Kuchta.
Elting, however, disputed this, saying that district representatives have met with Summit County officials, including in Macedonia, to explain the program and plans.
"Sure we're going to solve Cuyahoga's problems, but we're going to solve Summit's problems which is going to help the Cuyahoga River," she said.
In addition, she said, communities will automatically receive back 7.5 percent of the revenue, which can be spent at their discretion, "as long as it deals with stormwater."
Elting said it is uncertain when billing will begin, partly because it is unknown when another court case, in Cuyahoga County, will be resolved.
In addition, the district is also still trying to work out billing procedures with the Cleveland Division of Water.
"There's just a lot that's still up in the air," said Elting.
Editor's note: Reporter Laura Freeman contributed to this story.
E-mail: jsaunders@recordpub.com
Phone: 330-688-0088 ext. 3169