UPDATED: Hillsboro Design Review Board takes action on East Main Street property
Lead Summary
By
Rory Ryan-hcpress@cinci.rr.com
The Hillsboro Design Review Board, which includes Hillsboro Mayor Drew Hastings and his appointees, met in special session on Wednesday, Oct. 12 in a building owned by the mayor at 108 Gov. Trimble Place.
The meeting was held on the same day that Hastings had a pre-trial hearing scheduled in Highland County Common Pleas Court on four pending grand jury indictments against him, including: election falsification, theft, theft in office; and tampering with records.
(See http://www.highlandcountypress.com/Content/Mobile-Application/Mobile-Application/Article/UPDATED-Hillsboro-mayor-Drew-Hastings-faces-multiple-felony-charges/-10/-10/33901)
Hastings has pleaded not guilty, and has alleged that the charges are part of a political witch hunt.
As reported by The Highland County Press this week, the media was not permitted to report on Hastings’ Oct. 12 pre-trial hearing via conference call with the judge and attorneys. Pre-trials are not required to be formal or on the record by law, according to Highland County Common Pleas Court Judge Rocky A. Coss, who has recused himself from the case.
According to an Oct. 13 email from the city of Hillsboro, it is unclear if the Oct. 12 Design Review Board meeting was announced to the public or media as required by the Ohio Revised Code.
The Highland County Press has requested that the city inform the newspaper in advance of all public meetings. The newspaper was not informed of the Oct. 12 meeting.
The Ohio Revised Code Section 121.22 [effective until 9/28/2016] states: A “meeting" means any pre-arranged discussion of the public business of the public body by a majority of its members.
The ORC defines "Public body" as: “Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution.”
The city reported that the Design Review Board did have a voting quorum at its Oct. 12 meeting, and action was taken.
The ORC further states: “(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least 24 hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.”
The City of Hillsboro Code of Ordinances states that the clerk of city council shall provide notice of public meetings. The clerk of council is the mayor’s administrative assistant, Debbie Sansone.
According to city records, Design Review Board members in attendance included: Hastings and his appointees, Mary Todd Hardeman, Avery Applegate and Chad Shelton, who has operated a business in one of the mayor’s private properties.
A city ordinance passed on Jan. 3, 1995 empowered the Design Review Board to “established to provide guidance for changes to structures and objects within the designated Hillsboro Historic Business District by providing a means of review to assist in achieving a more pleasing downtown environment; help maintain and enhance the distinctive character and architectural integrity of various period structures and appurtenances; and assure that future intrusions and alterations are appropriate, given environmental, architectural, historical, economic and community development considerations.”
At the September 2016 Hillsboro City Council meeting, council member Tracy Aranyos questioned the present need for the 21-year-old Design Review Board.
“I really don’t feel the need for a design review board,” Aranyos said. “I feel like, you know, 20 years ago, it was different. Our goal is to make things simpler for business owners. If you look at other towns, everything’s very simple and clear, like historic districts. We have that in our ordinance. It tells you what’s permitted and what’s not.”
Hastings responded at the September council meeting that the (Design Review) board is necessary “if you want to have some kind of a structure, overall look and a set of standards for it. I think it’s beyond the scope of council, really, to weigh on those issues on a monthly basis.”
Also at the September meeting, city council member Bill Alexander asked Hardeman, who chairs the Design Review Board, to address “the amount of time that somebody has to wait before a decision is made.”
“Under the ordinance, the board has from 30 days that the person files a certificate of appropriateness to take action,” Hardeman said.
According to city records, Ray A. Bear filed a certificate of appropriateness on Oct. 5, 2016 seeking to demolish the building at 111 East Main Street in Hillsboro’s historic district.
The Design Review Board took action in special session on Oct. 12 – despite having 30 days in which to act – in favor of the demolition of the building at 111 East Main Street, which is adjacent to the mayor’s property. A motion by Applegate was seconded by Hastings and passed unanimously.
City records indicate that discussion of the property – once the building demolition is complete – includes a “combined parking lot” with the mayor’s property.
“Drew said the parking lot would more than likely be for private parking and it (would) help both of them out with parking,” the city records state.
At the September 2016 city council meeting, Hillsboro City Council President Lee Koogler told members of council: “I understand there’s been a request that we look at the Design Review Board, the operations and what have you. However, it’s still a government entity that is created by statute that is still existing and ongoing and continues to conduct business. It would be my position that we need to go ahead and ratify the appointment of the current persons that are on the board so that there isn’t an issue with them conducting business.”
The September resolution reads that Hastings has appointed: himself, as a historic district property owner, for a term expiring April 30, 2019; Hardeman, a historic district property owner, for a term expiring Nov. 1, 2018; Chad Shelton, a historic district business owner, for a term expiring March 1, 2018; and Avery Applegate, Highland County Historical Society representative, for a term expiring March 1, 2018. There is also a vacant spot for a historic district business owner, expiring April 30, 2019.
The meeting was held on the same day that Hastings had a pre-trial hearing scheduled in Highland County Common Pleas Court on four pending grand jury indictments against him, including: election falsification, theft, theft in office; and tampering with records.
(See http://www.highlandcountypress.com/Content/Mobile-Application/Mobile-Application/Article/UPDATED-Hillsboro-mayor-Drew-Hastings-faces-multiple-felony-charges/-10/-10/33901)
Hastings has pleaded not guilty, and has alleged that the charges are part of a political witch hunt.
As reported by The Highland County Press this week, the media was not permitted to report on Hastings’ Oct. 12 pre-trial hearing via conference call with the judge and attorneys. Pre-trials are not required to be formal or on the record by law, according to Highland County Common Pleas Court Judge Rocky A. Coss, who has recused himself from the case.
According to an Oct. 13 email from the city of Hillsboro, it is unclear if the Oct. 12 Design Review Board meeting was announced to the public or media as required by the Ohio Revised Code.
The Highland County Press has requested that the city inform the newspaper in advance of all public meetings. The newspaper was not informed of the Oct. 12 meeting.
The Ohio Revised Code Section 121.22 [effective until 9/28/2016] states: A “meeting" means any pre-arranged discussion of the public business of the public body by a majority of its members.
The ORC defines "Public body" as: “Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution.”
The city reported that the Design Review Board did have a voting quorum at its Oct. 12 meeting, and action was taken.
The ORC further states: “(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least 24 hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.”
The City of Hillsboro Code of Ordinances states that the clerk of city council shall provide notice of public meetings. The clerk of council is the mayor’s administrative assistant, Debbie Sansone.
According to city records, Design Review Board members in attendance included: Hastings and his appointees, Mary Todd Hardeman, Avery Applegate and Chad Shelton, who has operated a business in one of the mayor’s private properties.
A city ordinance passed on Jan. 3, 1995 empowered the Design Review Board to “established to provide guidance for changes to structures and objects within the designated Hillsboro Historic Business District by providing a means of review to assist in achieving a more pleasing downtown environment; help maintain and enhance the distinctive character and architectural integrity of various period structures and appurtenances; and assure that future intrusions and alterations are appropriate, given environmental, architectural, historical, economic and community development considerations.”
At the September 2016 Hillsboro City Council meeting, council member Tracy Aranyos questioned the present need for the 21-year-old Design Review Board.
“I really don’t feel the need for a design review board,” Aranyos said. “I feel like, you know, 20 years ago, it was different. Our goal is to make things simpler for business owners. If you look at other towns, everything’s very simple and clear, like historic districts. We have that in our ordinance. It tells you what’s permitted and what’s not.”
Hastings responded at the September council meeting that the (Design Review) board is necessary “if you want to have some kind of a structure, overall look and a set of standards for it. I think it’s beyond the scope of council, really, to weigh on those issues on a monthly basis.”
Also at the September meeting, city council member Bill Alexander asked Hardeman, who chairs the Design Review Board, to address “the amount of time that somebody has to wait before a decision is made.”
“Under the ordinance, the board has from 30 days that the person files a certificate of appropriateness to take action,” Hardeman said.
According to city records, Ray A. Bear filed a certificate of appropriateness on Oct. 5, 2016 seeking to demolish the building at 111 East Main Street in Hillsboro’s historic district.
The Design Review Board took action in special session on Oct. 12 – despite having 30 days in which to act – in favor of the demolition of the building at 111 East Main Street, which is adjacent to the mayor’s property. A motion by Applegate was seconded by Hastings and passed unanimously.
City records indicate that discussion of the property – once the building demolition is complete – includes a “combined parking lot” with the mayor’s property.
“Drew said the parking lot would more than likely be for private parking and it (would) help both of them out with parking,” the city records state.
At the September 2016 city council meeting, Hillsboro City Council President Lee Koogler told members of council: “I understand there’s been a request that we look at the Design Review Board, the operations and what have you. However, it’s still a government entity that is created by statute that is still existing and ongoing and continues to conduct business. It would be my position that we need to go ahead and ratify the appointment of the current persons that are on the board so that there isn’t an issue with them conducting business.”
The September resolution reads that Hastings has appointed: himself, as a historic district property owner, for a term expiring April 30, 2019; Hardeman, a historic district property owner, for a term expiring Nov. 1, 2018; Chad Shelton, a historic district business owner, for a term expiring March 1, 2018; and Avery Applegate, Highland County Historical Society representative, for a term expiring March 1, 2018. There is also a vacant spot for a historic district business owner, expiring April 30, 2019.