Oakwood Rezoning: Document Submitted to Wrong Person
More details about why South Euclid City Council rejected the petition that would have allowed voters to make a decision about Oakwood rezoning
Citizens for Oakwood didn’t know it had handed the document that could help stop Oakwood rezoning to the wrong person.
South Euclid Law Director Michael Lograsso didn’t know that Citizens for Oakwood handed the document to the wrong person.
In fact, not even the man who took it — Clerk of Council Keith Benjamin — realized he was the wrong person.
But the mistake could prevent voters from deciding whether the former Oakwood Country Club, which falls in both South Euclid and Cleveland Heights, should be rezoned for development.
Citizens for Oakwood, an organization advocating that Oakwood be converted to a park, collected more than 500 signatures on a petition (the minimum requirement is 251) to get a referendum on the November ballot and fight South Euclid City Council’s decision to rezone the land for development. Voters could decide what happens to the property, and the organization believes they’d oppose it.
First Interstate Properties, the company behind Legacy Village and Steelyard Commons, bought the land in South Euclid in December, and on June 27, City Council voted to rezone it from residential to commercial so that the developer could build a mix of retail and residential properties as well as parkland.
Fran Mentch, president of the Severance Neighborhood Organization, the nonprofit that created the group Citizens for Oakwood, said that the organization submitted the document in question — a certified copy of the ordinance — to Benjamin.
Everything else, according to the South Euclid City Charter, was supposed to be handed to him. The clerk of council is also the person responsible for submitting the paperwork to the Cuyahoga County Board of Elections.
But the charter didn’t clarify who should receive that certified copy of the ordinance, a pre-petition document, said law director Lograsso, and if city law does not spell out those details, cities are supposed to refer to state law. Under the Ohio Revised Code 731.32, that document should have gone to the city auditor, not the clerk.
To further complicate matters, the city doesn’t have an auditor, so the document, in the end, should have been handed to the city’s finance director, he said.
But the city didn’t catch that mistake, and council was ready to approve a measure to allow Benjamin to certify the petitions and send them to the Cuyahoga County Board of Elections.
On Friday, just a few days before the special meeting where City Council would announce its decision, First Interstate Properties sent Benjamin a letter, outlining three reasons it believed the petition was not sufficient.
Lograsso reviewed it over the weekend and decided Monday afternoon, hours before the meeting, that First Interstate was right about that one thing.
“From a personal point of view, I would have preferred that the (petitions) went to the Board of Elections, and let voters decide and that it not fall into my lap,” he said. “I looked at the law, and it’s very clear on this issue. Once I became aware of this legal issue I couldn’t ignore it.”
As a result of this finding, he recommended that South Euclid City Council reject the petition that would have put a referendum on the November ballot. Members voted down a resolution that would have authorized Benjamin to certify the petition to the Cuyahoga County Board of Elections.
He said that the organization can appeal the decision in court, and that it’s possible the issue will still appear on the ballot.
Mentch said she is pursuing this option now.
“Why won't the City of South Euclid let its residents vote on this important issue? They said everybody wanted it. What are they afraid of?" she said.
Lograsso said the law is extremely complicated, but it’s the petitioners' responsibility to get the procedures right, not the city.
“How can I ignore the law? I’d be compromising my ethics ... You have to strictly comply with the procedures set out in the law, and they were deemed insufficient,” he said. “This whole area of the law, it’s a minefield. It’s very easy for a lawyer, let alone a layperson, to hit a mine.”
First Interstate Properties President Mitchell Schneider said at the June meeting that he believed people in the community would support development at Oakwood.
About 60 acres of Oakwood sits in South Euclid, and the remaining 92 acres is in Cleveland Heights. First Interstate plans to buy the land in Cleveland Heights by September, said Schneider.
Cleveland Heights Mayor Ed Kelley said he has not yet received plans from the developer.
Lisa Rainsong
6:47 am on Wednesday, August 10, 2011
If Mitchell Schneider truly believes that "people in the community would support development at Oakwood," why try to block the people's opportunity to vote on it? If Lograsso said, "How can I ignore the law? I’d be compromising my ethics" then I must ask, "how can South Euclid ignore hundreds of its citizens who signed those petitions for the right to vote on the rezoning?" The lack of ethical behavior here leaves me disgusted almost beyond words.
Richard Hollis
9:10 am on Wednesday, August 10, 2011
If South Euclid does not have an auditor, and if the other employees of South Euclid do not know the law, why should the voters, who signed a petition, be punished?
Michael Johns
9:26 am on Wednesday, August 10, 2011
Sounds like the city is exercising due diligence to be sure that if put on the ballot inappropriately then the vote is subject to being declared invalid
Adele Eisner
8:04 pm on Wednesday, August 10, 2011
This absurdity falls right in line with the deeper issues underlying this, that unfortunately has already needed to become a long, battle between government and its people. When listening deeply one could hear a group passionate about taking the Oakwood opportunity to finally prioritize the absolute long-term benefits of balance and justice for human life and community (without shopping,) for the environment, for health, and for sustainability, at least equally with the corporatized short-term money rush which has already overwhelmed essential human values in all corners.
And then in the face of no true serious consideration or ability to seriously input, the increasingly frustrated group additionally wanted to be authentically heard and actively integrated into decision making; while pretty palpably government and First Interstate just (barely) tolerated them, already knowing that nothing the group said or did could make any real difference to their already made decisions to go after their money priorities. (Obligatorily gracious public hearings and permeable parking lots just don’t make it.)
Adele Eisner
8:07 pm on Wednesday, August 10, 2011
First Interstate has the money to pay big lawyers big bucks to find such a legal technicality, and to parse words and to argue those legally artful twists and turns, (which in effect are essentially meaningless to the major concept of this situation,). The South Euclid Council also has resources – the residents’- which are much bigger than the volunteer committee’s who feels passionately about this issue and who took yeoman's effort to do something about it with Council. To have to “fight city hall” however, they’re having to come up with even more, in effect to pay twice to be heard.
Adele Eisner
8:08 pm on Wednesday, August 10, 2011
That no one in the city advised this group of the referendum details of the SE charter earlier; that no one there being paid with residents’ taxpayers' funds even knew; and that Council could so readily agree that “the people,” without their governmental "expertise" (since they work "otherwhere" for a living,) nor lawyers at hand, nor resources left for themselves, and already paying taxes for all the supposed expertise and wisdom among government "leaders," - are responsible for figuring out that there was an absence in the SE Charter, and thus, they had to turn to state law, and that in the absence of an auditor, it was not the (village) clerk (as stated in ORC 731,) who stepped in (though the SE Clerk has accepted all other referendum docs,) but the finance director, etc. etc. etc. Is absolutely absurd! It is so absurd that it reveals the real governmental/corporatized motives and trance - which are not in the best interest of ongoing human community, active democracy, or of all the people, but rather more in interest of covering themselves as they too just follow the money.
Adele Eisner
8:09 pm on Wednesday, August 10, 2011
An all too similar issue occurred in SE last May, when without sufficiently telling or truly consulting with the citizens beforehand, and the night before an election, the Council blithely rolled back the income tax credit that SE residents had relied on for 27 years. (That time they argued that citizens couldn't fight that action- a virtual, though not technical "raising" of income taxes, saying that no referendum was possible because theirs was an "administrative" action, not a legislative one. )
Unfortunately now this passionate active group, standing for human values over human greed needs to raise more money for more of their own lawyers to take their fight to the courts. Thank goodness they will.
After all - all this group is asking is to have the issue on the ballot to determine the will of The People - which apparently is exactly what the Council and First Interstate are afraid of.
Diane
8:41 am on Thursday, August 11, 2011
So is this the first time a petition for referendum has EVER been submitted in South Euclid, and the referendum then passed? If, as Michael Johns seems to imply, the certified copies of other ordinances were submitted to the wrong person, those referendums are now null and void?