Negotiations back on for Smith building
By MICHAEL D. McELWAIN (mmcelwain@reviewonline.com)Fact Box
Timeline
The East Liverpool Housing Department sent a letter to Smith dated Nov. 2, 2007, stating the department "has determined that the building you own located at 329 Broadway Street, East Liverpool, Ohio, is a public nuisance, is structurally unsound and has fallen into a state of disrepair."
The letter said deficiencies on the building include broken or missing unsecured windows, deterioration of exterior walls and wall components, rotting eaves at the roof line with missing pieces of wood, roof flashing separated from brick fascia, paint that has peeled away leaving bare wood and downspouts from built-in box gutters missing.
Smith was ordered to demolish or repair the building within 30 days of the notice to make repairs to the building or to mount an appeal of the directive within 10 days.
Smith appealed to the Board of Housing Appeals.
The board first met on Dec. 4, 2007, to consider Smith's appeal and opted to give him six weeks to explore his options.
On Feb. 26, the board met again and gave Smith a 90-day extension to provide grant information leading to the June 24 meeting of the Board of Housing Appeals.
At the June 24 meeting, the board voted 5-0 for demolition.
Smith's last day to appeal that decision was July 30.
EAST LIVERPOOL - The deadline to appeal a demolition order has passed for the owner of a downtown building.
On June 24, members of the city's Board of Housing Appeals voted 5-0 and ordered the Smith Auto Parts building be demolished.
Building owner Willis Smith was served with the official order on July 1 indicating the board's decision, and Smith had 30 days to appeal to the Columbiana County Common Pleas Court.
Smith did not file an appeal and indicated he had no plans to do so.
"I'm talking to Kent," Smith said Monday afternoon. Officials with the local campus of Kent State University had discussions with Smith earlier about purchasing the property, but an impasse occurred over the purchase price.
"I am awaiting a second appraisal," Smith said. "No one knows what's going on with the process, but I am trying to make a deal with Kent."
The building is located on the corner of East Fourth Street and Broadway, adjacent to the university's main office.
Smith said he met with university officials a few weeks ago to reopen negotiations. He expects the new appraisal will happen in the next few weeks.
"I'm hopeful we can reach an agreement with Mr. Smith," Henry Trenkelbach, business administrator for the East Liverpool and Salem Kent State campuses, said. "It's a positive sign we are talking about it, but anything can come up. We are back at the beginning stages right now. We are looking at the value of the property again."
Trenkelbach said there will be a comparison of the appraisals, and did not want to comment on any specific amounts until negotiations were over.
Smith reached out to university officials to renew talks within the last two weeks, Trenkelbach said.
In the meantime, Bill Cowan, city planner, said he will hand the matter over to city Law Director Charles Payne now that the appeal deadline has come and gone.
"I'll request from Charles that the will of the Board of Housing Appeals be followed and the court grant a demolition order," Cowan said Monday.
Payne said once given the information, he will prepare a lawsuit in East Liverpool Municipal Court against Smith to have the order upheld and building demolished.
"We would file the lawsuit, give him (Smith) notice and litigate the issue," Payne said.
If the city had to take on the responsibility of demolishing the building, it could cost in the neighborhood of $30,000, according to Cowan.
"I'm not sure why we wouldn't handle it under the normal procedure and demolish the building then assess to him (Smith) the costs and the fees," Cowan said. The city would have to pay for state EPA testing and other fees as well.
But if negotiations with Kent State are successful, the cash-strapped city would not have to find the funds.
Trenkelbach indicated the situation is still far from settled in several aspects.
"We are a long way off about knowing what the amount may be. We may not have the funds to purchase and demolish it," Trenkelbach said.
If the university does get the property, Trenkelbach said the old, historic bank building will likely have to be demolished.
"I hate to see an old building go, but taking it down would make a good project with the crosswalk project if that grant goes through," Trenkelbach said. The university and the city have teamed up and applied for a grant to improve the East Fourth Street and Broadway intersection for pedestrian traffic. A decision about that grant application is expected by the end of this month.
Trenkelbach said the Smith building spot would likely turn into a green space with trees and a place for students to gather. "It will not be for parking," he said.
Smith said he is currently looking at two locations for his business.
"I want to move my machine shop from here and take it someplace else," Smith said. "I'll still be able to work on cars, too."
One of the two locations is inside the city, but Smith opted to not specifically identify either spot until the fate of the Smith building is understood.
