Approval Of Permanent Barricade In Uptown Alley Results In Federal Lawsuit Against City Of Maumee
BY NANCY GAGNET— MIRROR REPORTER
The approval of a permanent barricade in an alley behind the 300 block of West Harrison Street has prompted a federal lawsuit against the city of Maumee.
On October 13 Winston and Bernita Vance filed a federal lawsuit under the Americans with Disabilities Act and the Fair Housing Act, because the city has denied them access to their home through the alleyway that runs behind their property, city law director Sheilah McAdams said.
Since November 2010 a “road closed” barricade has been placed at the unimproved portion of the alley, Maumee Police Chief Robert Zink said.
Maumee City Council voted at its October 17 meeting to approve a permanent barricade with a swing gate and lock.
The streets committee considered the issue and recommended closing the alley permanently.
According to council member Jenny Barlos, who chairs the streets committee, the alley was still being used, even with the barricade in place.
“The goal was to close the alley in a permanent manner, and the only way to do it is with a permanent barricade,” she said.
In letters sent to council, both Zink and public service director Joe Camp recommended keeping the alley open.
According to Zink, the alley closure could limit response time by officers in an emergency.
Camp said the barricade could restrict the maintenance of the electric, phone and cable lines.
The Vances’ suit against the city claims that being denied access to their home through the public right of way has caused Bernita physical pain, discomfort, severe emotional distress, humiliation and embarrassment.
According to the suit, Bernita experiences serious heart conditions, which have resulted in two heart attacks, and she suffers from severe chronic back pain. She has also had two knee replacement surgeries.
The suit has been assigned for defense to Joan Szuberla of the firm of Spengler Nathanson. No other decisions have been made as to the handling of this suit until Szuberla can be brought up to speed, McAdams said.
Attorney Stephen M. Dane of the firm Relman, Dane and Colfax, is representing the Vances.
This is not the first time the issue has been brought to council, said McAdams.
In 2002, city council voted against a similar proposal by the Vances’ daughter and son-in-law, Debbie and Brad Wotring, who reside at 317 W. Harrison St.
At that time, the Wotrings had requested a curb cut off the same alley, and/or the opening of the alley for their driveway, McAdams said.
The Wotrings, who live between the Vances and Dan and Claudia Stein, were denied the request because the proximity of the driveway would have interfered with an historic and endangered American elm tree, which is located on Steins’ property, McAdams said.
The Vances and the Wotrings together filed a lawsuit against the city in 2002; however, Judge James Skow ruled in favor of the city, she said.
In other action at the meeting, council members:
• Authorized a $1,225.14 agreement with Corporate Cleaning Company for floor maintenance at the fire station.
• Sent to the water and sewer committee for review a $75,000 Tetra Tech contract request for design services for phases one and two of the Crossman Ditch Storm Water Improvement Project.
• Adopted the 2011 commercial building code, Ohio plumbing code, Ohio mechanical code, Ohio fire code and the national electric code.
• Approved a request to reduce the number of reserved beds at the Corrections Commission of Northwest Ohio from nine to seven.
• Approved terminating the license and service agreement with the Criminal Justice Coordinating Council for probation records management.
• Approved an encroachment into the right-of-way for the purpose of a fence at 527 W. Harrison Street.
• Entered into executive session to discuss collective bargaining and threatened litigation.

The next Maumee City Council meeting is scheduled on Monday, November 7. The committee of the whole meets at 7:00 p.m. and the regular meeting begins at 7:30 p.m.

ODOT Holds Meeting To Update Public On US 24 Progress
BY BECKY JACOBS — MIRROR REPORTER
Theresa Pollick, public information officer for the Ohio Department of Transportation District 2, gave an update on US 24 construction to those attending the Browning Brunch Bunch on October 18.
She not only spoke about this area, but the entire route known as “Fort to Port.”
Carlene Sweet, of the Browning Masonic Com-munity, said US 24 was a popular subject and said they had to turn nearly 40 people away from the meeting.
US 24 from Fort Wayne, Ind., to Toledo is considered a major transportation route with trucks representing at least a third of the traffic.
Pollick said questions arose in 1969 on how to improve US 24 from Napoleon to Toledo.
In 1996, there was an emergency traffic study done assessing the feasibility for improvement. From 1999 to 2001 public meetings were held in both Waterville and Napoleon.
In 2002 more meetings were held. In July a preferred alternative route was presented. In November 2002 another public meeting was held in Grand Rapids.
Public hearings were held in both Waterville and Napoleon in 2004. And, in 2008 new alignments were studied, prompting another public meeting in Waterville the following year.
“It was not until now when area residents had the opportunity to physically see (the road) and experience it,” Pollick said.
Construction of the new alignment, from Napoleon to Toledo, has been under way since 2008. The new US 24 from Fort Wayne to Toledo is scheduled to open to traffic in 2012. Pollick added that increased rain could delay the planned completion date.
The entire 21 miles of new road was divided into three work sections.
The first segment, near Napoleon, was done at a cost of $48.3 million. That part is 99 percent complete except for the SR 109 overpass near Henry County Road 4A.
What is considered the middle segment of the project travels from Henry County Road 4A to Hertzfeld Road in Lucas County. Work includes construction of an interchange at SR 295 and bridge construction at CR 3, CR 109 and Jeffers Road. Completion should be in May 2013.
Costing $58.4 million, this section is 75 percent completed. There is another overpass near County Road 10 that should be finished in April 2012.
The last segment will cost approximately $64.9 million and is scheduled for completion in summer 2012.
The majority of work will take place off of the current US 24, with the exception of construction in Maumee, where motorists can expect bi-directional traffic on the current eastbound lanes of US 24, from just west of I-475 to Dutch Road.
There are many details to complete, such as a diamond interchange near Waterville and cul-de-sacs planned to help farmers access their land.
Waterville City Council member Ann Cherry was on hand at the meeting to answer a question about the Kroger area on SR 64. She said Waterville has set aside state funds to improve the area.
Pollick said it is also up to Waterville to decide whether traffic lights on SR 64 will be needed.
A mural on a US 24 overpass on Dutch Road representing area history was discussed at the meeting. Those in attendance agreed it is a positive addition.
It contains drawings of Gen. Anthony Wayne, a Native American silhouette, the Columbian House, a stagecoach, a canal boat, Pekin Mill, Roche de Boeuf, a train depot, a gazebo and Waterville’s clock tower.
Various railroad structures also are decorated with embedded murals of trains, leaves and canal boats.
Most of the concrete and asphalt work is done, Pollick said, but the old US 24 will need to be re-paved following the completion of the new road construction. This will be done before turning the road over to the county, but Pollick stressed that ODOT will be maintaining both roads.
A question was asked about landscaping and when that may be expected. Pollick said there are landscaping designs in place following all construction.