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6-23-99 Avon Commons Wins!
NEWS ARTICLE from THE CHRONICLE-TELEGRAM, 6-1-99, By Joe Mosbrook Jr.
"AVON - ... Results of the election will not be known immediately ...
Phillips said today that he will be at the Board of Elections tonight to ensure those results remain secret.
''If for some reason something leaks out, I'm going to the Supreme Court with a contempt order,'' he said. ''If any of that hits the street, I'll know who leaked it out.'' ...
Election officials are barred by the Supreme Court from discussing details of the election, including voter turnout, said Marilyn Jacobcik, director of the county Board of Elections.
''We can't say anything,'' she said. ''We'll count it up and send it to Columbus.''"
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NEWS ARTICLE from The PRESS, 6-2-99, By JoAnne Easterday
"The ballots are cast. The election complete. The story may be over regarding the outcome for Avon Commons or Avon Business Park, but ... Gerald Phillips may have to answer to allegations that he "submitted 'false leads' with the intent of impeding the discovery of the truth."
Assistant County Prosecutor Gerald Innes, representing the Lorain County Board of Elections, ... enumerated bit by bit, in an eleven page "summary of facts" the events involved with Phillips' complaint about the Board of Elections to the Ohio Supreme Court.
Phillips and others [such as Stark/Jacobs lawyer Timothy Grendell] "submitted voluminous 'false leads' with the intent of impeding the discovery of the truth ... That shows they have never intended to allow a fair examination of the evidence. Instead, they have only sought to trick (the board) into some procedural error through which they could prevent the citizens of Avon from voting on this matter," the memorandum said.
Phillips employed a "shotgun" approach. That approach "set forth every possible challenge that could be made without specifically identifying any particular error in the petition," the memorandum said.
Innes asked the court not to reward Phillips [and Grendell] because ... They "should not be rewarded for their dilatory tactics and refusal to cooperate." ...
First Interstate Development President, Mitchell Schneider, still has a court case in the wings regarding Phillips making false accusations regarding his business and Avon Commons ..."
NEWS ARTICLE from THE PLAIN DEALER, 6-2-99, By Rich Exner
"AVON - It was an election unlike any other in Marilyn A. Jacobcik's six years as director of the Lorain County Board of Elections.
Moments before the polls closed in Avon yesterday, Jacobcik met with the four-member board in Elyria to go over procedures to comply with the Ohio Supreme Court's May 21 order to seal the results and impound the ballots.
The fate of a proposed shopping center is to be kept secret not only from the general public but also from the board members and other election employees while the court considers a protest [filed by Gerald Phillips and Stark/Jacobs lawyer Timothy Grendell] that the election should have never been allowed to take place.
Only Jacobcik and Deputy Director Iris E. Gracia, who needed to check to make sure the counting was done correctly, would know the outcome, Jacobcik said. The result was to be sealed in an envelope for the Supreme Court.
Then the board office, normally an election night meeting place for people concerned with results, was closed to outsiders, and Jacobcik said she would make no further comment.
The chief supporter of the proposed shopping center, Bob Barnhart, and the chief critic, Gerald Phillips, could only watch the office from the parking lot ...
City officials and the county board ruled in favor of Barnhart's group in scheduling the election.
The uncertainty over whether their votes will ever count did not stop hundreds of people from heading to the polls yesterday.
"It's a better turnout than for anything other than a presidential election," said jane Ehman, presiding judge at the polling place in Avon Fire Station No. 2. Poll workers elsewhere reported similar activity, though no specific numbers were available.
Wolfgang Staub, a 42-year resident of Avon, said the issue was too important to stay away ...
"I firmly believe that is where you voice your opinion," he said in pointing toward his polling place. "That's where it is supposed to be settled, not in the courts."
Several people questioned outside the polls said they voted in favor of the zoning changes because Avon needs more stores ..."
NEWS ARTICLE from THE MORNING JOURNAL, 6-2-99, By SARAH FENSKE, Morning Journal Writer
"Wait begins for Avon mall results
Informal poll shows most voters support zoning change
AVON -- Days and even weeks could pass before the Ohio Supreme Court concludes proceedings and the results of the special election for the Avon Commons development are made public, but a majority of voters polled yesterday said they voted in support of the proposal.
An informal poll conducted by The Morning Journal covering all four wards in the city showed more respondents in favor of the shopping center than against it.
Out of the 119 voters who were willing to discuss how they voted yesterday, which represents about 3 percent of Avon residents who voted in November, about 60 percent indicated they voted in favor of the zoning change for the proposed development.
The ballot featured just one issue: whether or not to change the zoning on 85 acres off Detroit Road, to allow a strip mall with superstores to be built.
If the voters reject the change, developer Mitchell Schneider has said he will build a series of smaller shopping centers and office buildings.
Schneider said he would not be surprised if the actual results mirror The Morning Journal poll.
''It seems as though it was a high turnout, and the stronger the turnout, the more likely that we will do well,'' he said.
All stations except Avon Village Elementary ... showed solid majorities in support of the zoning change.
Isabelle Wimmer, a resident of Avon for 44 years, said she voted for the change because she felt Avon Commons was better than the alternative.
''I feel the stores are coming no matter what,'' she said. ''I would rather have them look presentable when they do.''
Lee Messenhimer, a 65-year-old electrical engineer, also voted yes. He said viewing the Avon Commons' promotional video helped him make up his mind.
''The opponents talk about urban sprawl. However, the video indicates there will be more sprawl if it fails,'' Messenhimer said. ''They said it won't stop development. It'll just give us a bunch of little stores.'' ...
Rosaline Caramelli, a 61-year-old seamstress, said, ''... This is farm country. We've got to keep it like it is ...''
Voters rejected the proposal last November by less than 50 votes, but a group of citizens gathered enough signatures to put the issue back on the ballot for yesterday's special election ...
Phillips' complaint was rejected by the Lorain County Board of Elections, but a similar appeal to the Ohio Supreme Court is pending. The state's high court ordered yesterday's results ''impounded'' until the court rules on Phillips' complaint.
If Phillips' complaint is rejected, the election stands and the results will be made public, but if the Supreme Court sides with Phillips, the special election would be invalid."
NEWS ARTICLE from THE CHRONICLE-TELEGRAM, 6-2-99, By Joe Mosbrook Jr.
"Voter turnout good for Avon Commons
AVON -- ... Bob Sparks of French Creek Road said he switched his vote, from opposing Avon Commons last year to being in favor of it on Tuesday.
Sparks said he changed his mind after he learned developer Mitchell Schneider planned to build smaller stores and office buildings at the site if the property was not rezoned.
"Why vote against it if he's going to build anyway,'' Sparks said. "The larger plan is better.''
Schneider said he conducted surveys last month that showed the number of voters supporting Avon Commons had doubled since November.
"In an election like this, people who are against it tend to be more apt to come out and vote,'' he said. "So for us, it became an issue of getting (more) people to come out to vote.''
Schneider said he did not conduct his own exit poll on Tuesday.
An official count of the voter turnout also was sealed by the Supreme Court, but poll workers said voter traffic in and out of precincts had been brisk.
The Supreme Court is expected to decide in the next few weeks whether the special election was legally conducted, a court spokeswoman said.
The court intervened after attorney Gerald Phillips filed a motion contending some signatures on the petition to place the initiative before voters were invalid ...
Being denied the results of the election by the high court did not seem to phase some voters, but others, like George Hickernell of Shakespeare Lane, wondered if the election mattered at all.
"I had to explain it to my wife this morning why we're voting again,'' he said. "I think some people are confused why the Supreme Court is holding the results.'' ...
"We're sick of all the backstabbing and political nonsense,'' said Carolyn Nieman of Falcon Crest Avenue, as she left the polls. "It's hard to know who to believe.'' ...
Linda Kugler of Peregrine Avenue disagreed. The zoning change requires a better planned development, she said, which would benefit the city. The controversy surrounding the issue simply leads people to a better understanding, she said.
"People are making a more informed decision. It's all part of the process. In some ways the controversy is necessary,'' Kugler said.
Nick Rak of Meadow Lane agreed. He said he voted for the zoning change hoping the development will bring the city needed tax revenues.
"The larger developments are built better than some of these small strip centers built 10 years ago that are falling apart,'' Rak said ..."
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NEWS ARTICLE from THE SUN, 6-3-99, By CHANEL CHAMBERS, Staff Writer
"Ballots locked to await Supreme Court's decision
AVON -- For Ray Rida, owner of Blue Chip Beverage, a wine shop in the heart of Avon's historic French Creek District, Tuesday's special election [6-1-99] was a matter of economics.
He said the site for the proposed Avon Commons mall only would draw customers away from the smaller family-owned establishments, like his, in town. [The Planning Commission thinks Avon Commons will bring more customers into the area for the benefit of the entire French Creek District.]
Developer Mitchell Schneider proposed rezoning an 85-acre parcel of land near the intersection of Detroit and Center Roads to build Avon Commons. Schneider hopes the mall will attract national tenants such as Old Navy clothing store, Cinemark Theaters, Target stores and Linens 'n' Things housewares store ...
Although voters went to the polls Tuesday to decide whether to rezone the land for Schneider's project, the official results won't be known until the Ohio Supreme Court rules on the validity of the election. Until then, the votes will be sealed and kept in Columbus.
Attorney Gerald Phillips, who lives on Detroit Road across the street from the site of the proposed development, claims the petitions which led the issue to the ballot are invalid due to circulation irregularities. When the Lorain County Board of Elections refused to cancel the election, Phillips [with Stark/Jacobs lawyer Timothy Grendell] appealed the matter to the state's highest court.
Betty Guelker, who has lived in Avon for about 50 years, said she is worried about the mall ruining the city's character.
"This is a little, rural town. How are these people going to raise their babies when they have to watch out for traffic?" she asked, pointing to a family with a young child in tow.
The rezoning issue failed by 47 votes when it first appeared on the ballot in last year's general election. In the aftermath of the November campaign, many voters expressed concern about their votes, saying they were misled by Phillips' campaign.
Some said they believed voting against the rezoning would prevent any development on the site. This proved to be false, because soon after the election, Schneider presented plans for Park Square and Avon Business Park, two developments that would be allowed under