BY ALLEN HOWARD
The Cincinnati Enquirer
FAIRFAX -- Village council approved a resolution Wednesday that should clear the way to tear down an abandoned bridge on Duck Creek so a flood protection project can begin.
The need for the project was emphasized Monday night when heavy rain caused Duck Creek to overflow, sending flash floods through a business area nearby.
This area, where 28 businesses are located, is victimized by floods frequently, and damage estimates have been as high as $2 million a year.
After studying the area, the U.S. Army Corps of Engineers has planned a $17 million flood protection project that includes building 14,000 feet of flood walls and levees along the creek.
The unused bridge sits in an area where floodwalls will be built and tends to dam water in the creek, leading to overflows.
The resolution gives Village solicitor Alan Abes the authority to ask Hamilton County Common Pleas Court to order an easement on property owned by the J.K Meurer Co. in Loveland.
"We will also ask the court to determine the market value on land that will be blocked off while the bridge is being torn down," Mr. Abes said.
He said Norfolk Southern Railroad reached an agreement in language with the Corps of Engineers and was granting a two-year easement to Fairfax to cross its tracks to get to the bridge. The village is paying Norfolk Southern $780 for the easement.
It has offered J.K. Meurer $4,860 for the easement to cross 9.73 acres of land owned by the company, south of Red Bank Road.
"The easement is needed to build an access road and get equipment in to tear down the bridge," said Jennifer Kaminer, village administrator. She said the village has also offered the company $19,930 for 4.43 acres of land that will be blocked off. That piece of property actually sits in the city of Cincinnati.
The company would still own both pieces of land.
Jeff Meurer, owner, said the company is waiting for information from an appraiser about the value of the land and information from the Corps of Engineers on exactly how the land would be used.
"We want a solution," Mr. Meurer said. "We are just trying to get an agreement suitable for all sides."
Gary Frank, lawyer for J.K. Meurer, said the firm will submit three proposals to Fairfax.
"The big issue is whether $19,930 is enough for not being able to use the land, temporarily," Mr. Frank said.
Fairfax Mayor Dirk Hammersmith said the village had to move on the issue because the project is so badly needed to stop the flooding. "We have to get this project going in order to keep the businesses there," Mr. Hammersmith said.
Mr. Meurer said he purchased the land in the area six years ago for commercial development, which could include moving his company there.
Tearing out the bridge is part of the first phase of the flood protection project.
"It will probably take about six months to build the access road, get the equipment in and tear out the bridge," Ms. Kaminer said.
Aside from tearing out the bridge and building floodwalls, the plan includes widening about 7,400 feet of the creek, building a 1,200-foot underground channel to redirect the creek west of Red Bank Road, and installing a 1,500-foot-long culvert to channel the water into an underground pipe.
The flood protection project is financed jointly by the federal government, city of Cincinnati and Fairfax.
Fairfax expects to spend $928,000 as its local share to acquire land and pay for surveys and appraisals. Cincinnati will pay $3.2 million for land acquisition, relocating businesses, surveys and appraisals.
