West Main Closure Update – 10/21/2023

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In an ongoing effort to keep our downtown businesses, residents, and visitors informed as to the latest status of the West Main Street closure, we are providing a weekly update each Wednesday until the Cherry Street to Plum Street block is opened back up to vehicles.  

CURRENT STATUS AS OF ABOVE DATE

It has been 119 days (17 weeks) since West Main Street between Plum and Cherry Streets was closed due to grave concerns of collapse of the Tavern Building. On September 11th, the Common Pleas Court issued an Entry publishing the opinion of its expert witness, Structural Engineer Daniel Geers. In that opinion, Mr. Geers did not communicate an opinion relative to the stability of the building. He did, however, state that:

“If funds were not a concern, they [buildings including the Tavern Building] could be restored to their original condition, but this is likely economically unfeasible given the extent of the various deteriorations. Furthermore, the characteristics of these buildings are such that it would be challenging to convert them to a different use under the current Ohio Building Code without incurring more expense than it would take to tear them down and construct completely new buildings. ”

On Wednesday, October 18th, Fire Chief Simmons sat for a deposition, requiring the City to retain outside legal counsel to defend taxpayer interests and the validity of his safety certification.  Although those additional costs haven’t been billed as of yet, through August, $41,254 has been spent in 2023 on these prolonged legal proceedings. Besides the additional legal costs, taxpayers will pay for transcripts and other related expenses due to continued legal actions, including the recently filed appeal by Evil Empire of the BZA decision denying jurisdiction over the Fire Chief and CBO’s certification declaration. The depositions of Miami County Chief Building Official Rob England and Miami County Director of Development Rich Osgood remain to be scheduled.

On October 20th, Troy Mayor Robin Oda and the City Council announced a moratorium on timed parking in the downtown historic district through the 2023 holiday season. All 4-hour, 2-hour, and 30-minute parking spots will be untimed for the rest of 2023. City staff will continue to enforce restrictions on parking in handicapped spots, as well as improper practices such as illegally parking in a handicapped spot, overhanging into a driving lane, and parking in one spot for longer than 72 continuous hours. This moratorium was made necessary to recognize the potential economic damage caused by the legal delays in this case, particularly related to the inability to open West Main Street to through traffic into and around our historic downtown. We encourage all residents and visitors to shop our downtown this holiday season.

Stay tuned for more information next week and contact the City of Troy at (937) 335-1725 or visit our social media and website for up-to-the-minute information regarding this unfortunate issue.