Peter Hale, Chairman of the Save the Old School Committee has filed a administrative appeal complaint in the Court of Common Pleas in Summit County, charging City Council and the ARB Board members with not following the legal ordinances and procedures in applying for a Certificate of Appropriateness for demolition with the ARB Board prior to other procedural steps and submissions being provided for in City ordinances.
The City must now provide the court with all the documentation regarding the application for certificate of appropriateness for demolition, originally denied and then approval by the ARB Board members and subsequent upholding by City Council of the ARB Boards decision, with only Council member Gary Sorace opposed.
At a public hearing by City Council on January 21, 2014 in response to an appeal filed by Peter Hale, Chairman of the 'Old School Committee', City Council heard numerous stipulations by Mr. Hale regarding various procedures provided for in section(s) of the City ordinances which the City appeared to agree upon, however, in the end the majority of Council voted to uphold the opinion of Law Director, David Maistros, with Gary Sorace casting the only dissenting vote.
City Council must now defend their decision(s) in court. Peter Hale and Sally Gaydosh reminded City Council that the procedures, approved by City Council in 2011, leading to the issuance of a demolition permit provided for submitting a 'demolition plan', 'demolition site plan', an application to the Building Commissioner, hearing before the planning commission, and an application to the ARB Board for a Certificate of Appropriateness for demolition prior to obtaining a demolition permit. They further questioned how any of the ARB Board or Council decisions were reached without any plan, site plans, applications to the Building Commissioner, Planning Commission involvement? Sally Gaydosh was in a quandary; How can you make an informed decision without plans?
Law Director, David Maistros argued that the application to the ARB Board for the Certificate of Appropriateness for demolition was the first issue.
Loren Sengstock's questions revolved around who authorized any of the City's actions since City Council would usually provide for these matters by legislation authorizing the Mayor or someone to proceed. Where is that legislation? Why was is not done in this instance? Why have a procedure and not follow it? More questions than answers abounded according to Mr. Sengstock.
The issue is now before the court of common pleas and we must now wait upon the courts decision.
Loren Sengstock, Trustee
Active Citizens of Twinsburg
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