Westland Area Commission

May 20, 1998

Zoning Committee Meeting: John Spencer, an engineer for

Dominion Homes, introduced V98-030, a request for variance

for 109 Thevintree Drive. It is lot 52 of the Galloway Ridge

subdivision.

A month ago, when doing the mortgage location survey for the

title company, they discovered that, when they staked the

house, three months ago, it was staked wrong. The lot and

the house were laid out one foot wrong. Unfortunately, the

error was discovered after the house was built. Instead of

the required 5' minimum sideyard on the south side of the

house, there is only 4'. The house projects 1' into the

required 5' sideyard.

The south sideyard backs against lot 51, which is a corner

lot. Fortunately, the corner lot is a big lot with a big

rear yard, so that, when you are looking at it, the error is

not apparent.

Province asked the area of the house.

It is 1496 square feet.

The engineering company discovered the error, and brought it

to the attention of BZA. BZA referred them to WAC.

Where is the easement?

There is no easement through lot 52. There is a storm sewer

easement that runs along the backs of lots 50 and 51.

Cooper asked whether any of these lots are sold.

They are all sold. Lots 50 and 51 are both occupied. Lot 52

is built. Lot 53 is under construction. He doesn't know

whether lot 52 is occupied, since the variance has not yet

been heard by BZA, and therefore, he doesn't know whether an

occupancy permit has been issued.

Have the owners of lot 51 been notified of this?

Yes. He has not heard of any objections from them. He is

not aware of any objections from anyone. When the issue is

heard at BZA, they will have an opportunity to voice any

objections.

J. Province asked whether there is a 6' sideyard on the north

side of the house.

Yes.

D. Province said that, if there is a need to dig up that

storm sewer, it would be difficult to fit a backhoe in there.

Spencer replied that all of the utilities are in. The storm

sewer is centered in the 10' easement, so it is 9' away from

the house.

Cooper asked whether the buyer is aware of this problem.

Yes, BZA required them to notify all homeowners within a 150'

radius of lot 52. They prepared a mailing list and sent out

notifications to all homeowners.

D. Province said that they often send the notices to the

mortgage companies, so that the people living there do not

hear of the problem until after it is too late to complain.

WAC will notify them.

Spencer said the issue is scheduled to be heard by BZA on

June 23, he thinks.

D. Province said the house has a bay window on that side.

Yes. Therefore, the encroachment is actually 2' from the lot

line, not 4'. The zoning code allows a bay window to project

up to 3' into the side yard. This bay window actually

projects only 2'.

Cooper asked what happens if this isn't approved.

If it is not approved by BZA, they would take the matter to

court, and the court would automatically overrule BZA. He is

unaware of any cases in which a court permitted BZA to

require that the house be torn down.

Province said he knows of one.

Wills said that, a few years ago, at Beacon Hill, the city

required the developer to tear down an entire building.

Can anything be done to prohibit the building of a fence

along that lot line?

Spencer doesn't think so. This variance affects only lot 52.

The neighbors, living on lot 51, are the ones who might want

to erect a fence.

Cooper moved to approve. Rinehart seconded. Approved.

The regular meeting of the Westland Area Commission was

called to order at 7:00pm. Present were Daniel Province,

chairman, Betty Balthaser, Hank Canello, Ron Cooper, Virginia

Frank, Glen Hymer, Dorothy Jantzen, Mike McKay, Jan Province,

Dr. Bob Rinehart, Debbie Wilder, and Gary Wills. Hurd,

McCormick, and Saxton were excused. Also present were Pamela

Brown, Police Sergeant David Eing, Dori Sippial, John

Spencer, JoAnne Thomas, and others.

Jantzen moved to approve the April 1998 minutes. Frank

seconded. Approved.

WAC Zoning Committee (Saxton): Province asked whether there

was any WAC member in the room who had not been present to

hear the meeting of the WAC Zoning Committee.

There was no one who had not been present and who had not

heard the preceding discussions.

Province indicated that the WAC Zoning Committee had voted to

recommend approval of V98-030.

Canello moved to approve V98-030, as it had been presented to

the WAC Zoning Committee. Jantzen seconded. Approved, with

Wills voting in opposition.

Spencer asked whether BZA would be notified of this decision.

Province replied that he will send a letter to BZA. Spencer,

however, may state that he has WAC's approval, as BZA often

loses letters WAC sends to them.

Election Committee: Province reported the results of the WAC

general election. Balthaser, Canello, Frank, McKay, D.

Province, and Saxton were re-elected for three-year terms.

Carol Makar was elected for a one-year term.

Canello moved to approve the election results, and for

Province to forward the results to the mayor's office.

Jantzen seconded. Approved.

Historic Preservation Committee (Cooper): Cooper reported

that a dedication ceremony was held Sunday, to unveil the new

Historic Marker.

J. Province said that there were probably 50 people present,

including Sharon Bardus and members of her classes, a VFW

color guard, a Civil War re-enactor who showed the children

how to load a muzzle-loading rifle, and there were many

speeches. (Fortunately, the speeches took place inside the

air-conditioned school cafeteria). Then, the meeting moved

outside for the VFW ceremony and the unveiling.

Franks said that, on the 5:00 news on Channel 4 TV, Holly

Hollingsworth showed children planting flowers at the Postle

Cemetery, and she showed the new Historic Marker.

Cooper said there was a nice article in the newspaper about

it, and there were stories on all the networks prior to the

dedication.

Frank said that Hollingsworth interviewed the children in the

school, to find out what they had learned about local history

as a result of their involvement with this project.

Province said they learned how to write letters, and they

learned how politicians ignore letters.

Balthaser said they learned how to beg money from the city

and various agencies.

Province said they held car washes and learned how to earn

money. The price of the marker increased by $150 while the

children were accumulating the money, so the PTA stepped in

and made up this difference. The school erected the marker

at no charge to the kids.

Cooper said the South-Western City Schools and WABA should be

commended for their support of the project. It was a

valuable lesson for the children in the democratic process,

because they had no official support from any official of

either the city or the township. A group of concerned

citizens, many of whom were under the age of 12, were able to

make something happen, and restore an important part of this

community, with virtually no help from those people from whom

one would expect to get help. One of the lessons Bardus

wanted the children to learn was that the democratic process

does work, and can have a positive result.

Province introduced JoAnne Thomas, a ninth-generation Postle,

who has come from Florida.

Thomas said she attended the ceremony, along with several

other members of the Postle family, and also a representative

of the Shawnee tribe. She met with the children and

explained to them what some of the symbols on some of the

tombstones meant. There are two Shawnee graves located just

outside the fence, and she explained to them why those graves

are on the outside.

Thomas has documentation that there are two Shawnee graves

there. She talked with Andy Berhoff of the Ohio Historical

Society about the matter. He warned her that, even though

the cemetery has now been identified as an Ohio Historical

Landmark, C.V. Perry could still bulldoze it. Berhoff gave

Thomas the name of Lolita Guthrie, who is working on cemetery

preservation throughout Ohio. Bardus's students will write

to Guthrie and to our congressmen about protecting all

cemeteries in Ohio.

Thomas said the Postle cemetery project has been around since

1992. The kids kept at it, followed through, and she is

proud of them. From now on, all her projects will include

children.

Cooper moved that Province should again write to the city

attorney, asking for clarification of why the city does not

want to take care of cemeteries, or put this under the care

of Recreation and Parks. The cemetery is located within

Montgomery Township, which has the same borders as the City

of Columbus.

Thomas said that she spoke with the city attorney about this

a couple of years ago. He told her that Montgomery Township

exists only on paper. She also spoke with the governor's

secretary, who was sympathetic, but would do nothing.

She commends WAC for its efforts. She is going home, because

the Postle Cemetery still has poison ivy, and she itches.

Jantzen seconded Cooper's motion. Approved, unanimously.

Recreation and Open Spaces Committee (Wills): Wills said

that the open space at Bolton Field is being heavily used for

soccer. That is the only place where organized outdoor

activities seem to be going on.

Cooper asked whether there have been any improvements to the

site.

Wills said they are prohibited from erecting any kind of

buildings or fences.

Cooper said they did put some gravel at the entrances to the

parking areas. They have been told they may not disc the

fields to level them.

Wills said there are soccer parents who have the tractors and

are willing to do the job at no cost to the city, but the

airport authority won't let them do it.

Province said that the airport authority did allow someone to

plow in order to plant beans.

Province said he received a telephone call from a concerned

citizen who wants to know what we will do for the middle

school kids, now that the South-Western City Schools will be

on split sessions, and students will be dismissed at noon,

but their parents won't return home from work until evening.

There are no organized activities in the parks for the

children to attend, or other supervision. Province said he

did ask Recreation and Parks for a playground supervisor for

at least half the summer, and he was told that the department

does not have enough resources or people.

Hymer said he read an article in the Grove City paper, that

the YMCA, or some similar organization, was investigating

starting a daycare program.

Province said that that project is planned for Urbancrest,

and it will take more than a year to arrange the funding to

begin construction of the center. It can't be of any help

this summer, or in the coming school year. Still, we should

be alert for possible private programs or non-governmental

sources.

Community Relations Committee (Balthaser): Sheriff Karnes

will be the grand marshal of this year's Fourth of July

Parade. Volunteers are always needed. All members of WABA

will be receiving two books of raffle tickets to sell.

Balthaser will bring additional books to next month's WAC

meeting. Tickets will be $1 apiece, or six for $5.

New Business: Sergeant David Eing stated that he is

attending this meeting just to familiarize himself with the

workings of WAC. He is commander of 10 Precinct.

J. Province recommended he read the minutes of the March 1998

meeting, beginning with Page 5.

Pam Brown stated that she is manager of community relations

for the southern region of Columbia Gas of Ohio.

PUCO is currently reviewing a new proposal called the

Customer Choice Program. For the first time, residential and

small commercial customers will have the opportunity to pick

their gas supplier.

Right now, Columbia Gas performs two functions for

residential and small commercial customers. It purchases the

gas and then delivers it to the customers. Once the Customer

Choice Program is approved, customers will be able choose the

supplier. Columbia would still perform the single function

of supplying the gas to the customer. They would still read

the meters, provide the customers with 24-hour emergency

service, etc. All of that would remain the same.

It is a win-win situation. The customer gets an opportunity

to choose, which the customer has never had before. The

customer can save some money. In a pilot program in Toledo,

170,000 residents were offered this program, and 55% agreed

to it. Their average savings was about 10%.

The marketer gets new customers. Currently, the marketers

supply large commercial and industrial customers, which have

for many years had their choice of gas suppliers.

Columbia Gas wins, because it can offer the customer a

choice. It is customer service oriented. Since it has never

made a profit on the sale of gas, it loses nothing by

providing this option to customers.

Right now, PUCO is reviewing the issue. It may be approved

as early as mid-June. If that happens, there will be a

moratorium for about 60 days to inform potential customers of

this program. Then, the marketers will start advertising for

customers.

Brown distributed a sheet from PUCO, called "Apples to

Apples", from PUCO's website. It is a breakdown of what each

marketer is offering. However, she can't guarantee that PUCO

will continue to provide this breakdown if the program

becomes state-wide.

Another sheet describes the program as it operated in Toledo.

Province asked whether gas delivery will still come from

Columbia.

Yes, and Columbia Gas will still continue to read meters and

provide their other traditional functions.

Cooper asked whether this program will have any effect on

people who do not have access to natural gas.

Not really. They do serve 1.3 million customers in Ohio.

Province asked what would happen if one of these suppliers

goes out of business halfway through the year.

Columbia Gas is the fail-safe. If a supplier goes bankrupt,

the customer falls back into the Columbia system, and pays

Columbia's rate, and still has the option of choosing another

supplier.

How often can a customer choose another supplier?

PUCO may make amendments or changes to the plan, but as it

was done in Toledo, most of the marketers had the customers

sign one-year contracts. Some contracts were for six months.

It won't be like the telephone carriers, which permit people

to change companies every month.

Cooper asked, from an environmental standpoint, does Columbia

Gas have provisions to purchase methane gas, as is produced

at the area landfills?

Brown said she doesn't know.

There is an abandoned landfill near SR 104 and I-270, which

is near the Westland area. There were plans at one time for

Columbia to purchase the methane that they now bleed off into

the atmosphere. Cooper never heard what happened to that

idea.

Brown said she will have someone get back to him with that

answer.

To get the 10% savings, a customer would have to leave

Columbia Gas, right?

Yes. As a regulated utility, Columbia Gas is required to

sell gas to all customers at the same price. They also have

to serve all those customers. A marketer is not a regulated

utility. They can choose their markets, and they don't have

to charge all their customers the same price.

Sergeant David Eing stated that he has reviewed the minutes

of the March meeting, and he does understand the nature of

the problems that were discussed. Most of the concerns were

in regard to gas station drive-offs.

The problem is not specific to the Westland area; it happens

all over the city. He does not understand how the gas

station owners can absorb all the losses.

J. Province remarked that we, as the customers, pay for the

losses.

There is a legal problem with identifying who is at fault.

Even if you get the license number, that does not prove who

is driving the car.

D. Province said that a local gas station owner said that his

alarm went off, and he called the police, but the officer

said he could not enter the gas station, because he didn't

know whether anybody was in there. He could not go in

without backup.

Eing said that, if an officer thinks someone is in there, he

will wait for back-up to surround the place, in order to

catch him. That would be normal procedure. If you are the

first car on the scene, you check it out. There is always

more than one car dispatched.

Cooper said that we are seeing an increase in minor crimes.

There is concern that, if those crimes are ignored, the word

spreads, and the seriousness of the crimes escalates. We are

concerned that graffiti crimes can turn into burglaries of

occupied residences and shootings.

Larcenies are on the increase, while all other categories of

crimes have been going down. Most such crimes occur after

dark.

The city has just started a new program called Mapstat. It

is copied from New York. The police focus on certain

problems. The zone commander decides how to address a

certain problem, and there are focus groups to discuss it.

They decide how to focus on a certain problem, such as

larceny in a particular area, and they attack the problem

with plain cars, or whatever they decide to do.

Cooper asked, as a commission, how can we support the actions

of the police?

Let the police know if their efforts work, for one thing.

They now have a new precinct, and smaller cruiser districts,

and they now have a lot more officers here than on the other

end of town, so we are lucky that way.

Is there the potential, then, with more cars and more

officers, to have higher visibility on the streets?

There will be greater manpower, so that they will be able to

address the minor things that really irritate people.

Are there expectations, as far as a percentage improvement,

in reduction of these crimes, that we should expect?

That will come when they fully implement this program. They

just began to receive these statistics in the last two weeks.

That's how he can relate to what we are saying, that there is

more of the minor crime going on here. He has been reviewing

those statistics. The whole program is mostly in the future.

What about breaking and enterings?

It is up a bit. Construction sites have been hit really hard

in this area. There have been thefts of furnaces, air

conditioners, everything, by truckloads.

Cooper said he noticed that a new security fence was erected

around a supply area near Holt and Alkire. Should we expect

those crimes to go down, now?

Hopefully, but every time there is a new construction site,

it happens. Often, the contractors they hire are also the

thieves. They know what merchandise to steal, and the best

time to get it.

Eing asked whether WAC is considering holding meetings in the

new substation.

Province replied that it is in the Greater Hilltop area.

The border is I-270 and there would be a turf war.

Province said Ted Oshodi supplied us with some crime

statistics today. Province asked specifically for figures on

thefts from automobiles. Those figures have skyrocketed.

Eing said that cruiser district now has an additional car.

He argued for it, and he got it, and it is very unusual for

the commanders to pay attention to the opinions of the

officers on the street.

Province said that we have stated in our newsletters that the

thefts from autos have not been big items. They have been

packs of cigarettes, or compact disks.

Yes, and they do a great deal of damage to the cars when they

are doing it.

Makar asked whether the criminals in our area are younger, or

are they older folks.

Eing said that there are a few serious thieves that they lock

up over and over again. They are in the younger group. They

are put away for a little bit, and then released, and then

they are back at it again.

Province asked whether we need to focus on the prosecutors.

Eing said he doesn't know what the answer is.

They can't be put away forever. We can't cut their hands

off. Hopefully, the system will work itself around again to

getting tougher about such things.

Province asked how much trouble comes out of the Darby Woods

apartment complex.

There is a whole bunch over there, now. When the HUD places

were closed, including the subsidized housing on Shirley Ann

Lane, the problems moved to Darby Woods.

Are there any problems coming out of Parkwick?

Those apartments are called Westview.

That area is not a problem. Darby Woods is a headache.

Fortunately for Eing, it is in the township. They do keep

the robbery squad busy.

Hymer said that, a couple of years ago, there was a meeting

to discuss the fate of the subsidized housing at Sullivant

and I-270.

Province said those apartments were rebuilt the way they had

been, and the new owners are using the same contracts that

had been used before. The only change is that those

apartments look newer now.

Province said there have been complaints about the bars on

Sullivant Avenue, near the railroad tracks and Industrial

Mile.

Eing said they change their names every other week. There

are continual runs to Silver Moon, which was previously

called the Neon Armadillo.

What about Bitola's, and the parking issues there?

He has never heard of any problem there, though he works day

shift.

Every Friday and Saturday evening, the parked cars spill out

of the parking lot into the street, and into the adjacent

muddy field, and into the parking lot of the CVS Pharmacy

nearby.

Province said that the establishment has fewer parking places

than it should. No one seemed to notice that it has a dance

floor.

Eing said he wouldn't get involved in parking problems,

unless he gets specific complaints. There have been no other

problems, no fights there.

How did they bypass WAC when they built that place?

It was already zoned C-4.

Don't we get to comment on the transfer of liquor licenses?

We have an opportunity to comment every January, on general

matters, not on specific instances. When the population of

an area increases, more liquor licenses are issued. If we

can't attract a nice restaurant to our area, we get a bar

that takes that license.

The owner of the field should be complaining about the

parking problem. When that happened in Grove City, the owner

built an 8' fence around his property, and that stopped the

problem.

Province wrote to CVS Pharmacy, and received no answer.

Revco was concerned, but the new management, CVS, is not

concerned that bar patrons are using his parking lot.

When the schools go to split sessions in the area, there will

be problems.

Eing said that the truancy law will be unenforceable. It

will be too difficult to determine when particular children

are supposed to be in school.

The meeting was adjourned at 7:55pm.