June 24, 2008
Tim Bresnahan
Statement to Avon School Board Members



Items that Avon Citizens For Change are requesting to be on the July Avon BOE meeting agenda:

The past 4 months have been an emotional time regarding the Eminent Domain issue and the property of Mary Jane Wolfe. Over the past few months Avon Citizens For Change has submitted a number of Public Records Requests. The purpose of these requests, was to help our group develop a sense of understanding as to the process that the Avon Board of Education went through in arriving at the decision to proceed with the Eminent Domain course of action. The reason for our interest was that at the surface level, it appeared that there had only been two public meetings relative to the Middle School project: One meeting in January of 2006 and then February of 2008; 25 months later.

The Public Records Request is most likely one of the most powerful tools that the taxpayer has at his or her disposal to look into the actions of government. This was exactly our interest in submitting these requests to all of you at the April Board meeting. It was an interest on our part to learn about your actions and the process that you went through on the Middle School project as well as the Eminent Domain issue

For years, the members of the Avon School Board have posted their personal e-mail addresses on the School Board web site. Very clearly, these e-mail addresses were posted as a means for the public to contact you, and it is also very clear to us that these addresses were used by you to conduct official Board business.

Within weeks of my Public Records Request submission, three of you had your personal e-mail addresses removed from the web site. I will also add that these three members are the same three who appear to have failed to comply with the Public Records Request.

Apparently Ms. Polovich did not even feel compelled to respond at all.

Ms. Marsiglia’s response was "I have nothing to send you. I do not keep e-mails etc. All information is kept at the Board Office."

And I have here a copy of Mr. Smitek’s non-response response.

I can only assume that the three of you feel that this issue will go away since you have had your e-mail addresses removed from the web site. If anything, I would say that the removal of your e-mail addresses is an acknowledgement on someone’s part that you are vulnerable.

I must say that for some members of the Avon Board of Education, your idea of "business as usual" comes across to the rest of us very much as "business unusual".

I would like some answers this evening, on these points.

Ms. Polovich: Can you please share with us your thoughts on how you feel you are exempt from Public Records Law and Public Records Requests?

Mr. Smitek and Ms. Marsiglia: Can you please explain to us how you feel your respective responses were appropriate within the guidelines of these same laws?

Additionally, I would like to know who were the decision makers regarding the removal of your three personal e-mail addresses from the Board of Education website?

Did you receive an opinion from legal counsel?

Why is it two members, Ms. Harrison and Mr. Romanchok, still have their e-mail addresses appearing on the website?

I noticed in a recent e-mail reply to me, dated May 16, 2008, from Mr. Zeman, that the initials "BOE" showed up as being copied on his response. This e-mail to me from Mr. Zeman was after your three e-mail addresses had been removed from the web site. Is it fair for me to assume that you are still using those same personal e-mail addresses to conduct School Board business?

3/18/08

Chauncey C. Miller

            I would like to voice my opinion about the actions of the Avon Board of Education in the past year.  The most recent being the use of eminent domain to secure the Wolfe property for future school expansion.  I think eminent domain is not acceptable.  The property is a good location to expand only if the owner agrees to sell.  There are several issues to look at with the property as well as the existing middle school property.  Could the owner remain with green space and buffering?  All areas adjacent to the French Creek could be protected and rebuilt to maintain a riparian buffer as established by the French Creek water shed.  French creek is a part of the Black River watershed that is a critical link in the Remedial Action Plan to restore watersheds draining into Lake Erie.  On 3/13/07 a large area of trees were clear-cut at the southeast corner of the middle school property.  This was done at the direction of the Avon School Board.  After several calls to the agencies created to protect these areas the large trees at the bank of French Creek were saved.  The vernal pools that had been used for several generations of Avon students as a living classroom were destroyed along with the rare plants and animals.  Gone!  What happened to the cut timber?  These trees, mostly being ash, are by law not to leave Lorain County to prevent the spread of the Emerald Ash Borer.  I talked with Ohio E.P.A. Wetlands program and asked if they could give the school board some direction on rebuilding some of the area.  Several weeks after the area was destroyed a silt fence was installed.  The silt fence should have been installed before the work began.  Several questions were asked of various people about the status of this area.  Is it wetlands or floodplain?  Were permits applied for and received before work started?  Were the adjoining property owners notified of the plan for removal of all this green space?

            The area was then backfilled with several thousand yards of the best Avon topsoil from the old football field.  At the direction of the Avon Superintendent a large amount of old steel fence was buried, as well as concrete, asphalt, and wood.  I called the school board with a message to Superintendent Reitenbach that it is not “1956 anymore and this material should be recycled or put in a proper landfill.”

            A bio detention system was installed for the water runoff created by the new track and football field.  This system was poorly installed with no protective headwall, stone, or grass to prevent soil erosion next to the outlet.  This area was washed out last falls and continues to degrade at this time.  This could have been avoided by using best management practices established to safeguard the watershed.  The taxpayers’ money could have been saved by putting the water run-off into the existing flood plain to filter at a slower rate at French Creek.  This would help to avoid additional flash flooding and silting.  Residences adjacent to the middle school had been notified by the Avon board of zoning appeals that the school board needed a variance to install new light poles.  The new light poles were designed higher then the city code permitted.  Most residents said they had no concerns about excessive light or noise because of the existing green space as a buffer.  Ask them how they feel now.  At the last conversation I had with Dale Smitek about the plans for the remaining flood plain he said “they intend to continue backfilling to the banks of the creek.”  This is not acceptable!

            Let me state I will continue to support the school system and related sports and extra curricular activities, however, I would ask that the concerns of the community be considered in open meetings.  I have seen a real eagle land in the remaining tall cottonwood trees along French Creek that seemed so large in my childhood (1956).  Did it think, “what a shame” or “could this be a home for all eagles?” 

WHAT SAY YOU?

Chauncey C. Miller

Tree Hugger

Avon Class of 1970

TO:      Mr. Jim Reitenbach, Superintendent

            Mr. Kent Zeman, Treasurer

FROM: Bob Barnhart

DATE:  February 20, 2008

Your letter dated February 25, 2008 is filled with statements which cannot be substantiated and I offer the following responses:

Statement:  “If Avon Local Schools did not offer all day kindergarten, the district would utilize 16 bus routes to accommodate the transported to both Village and East schools” (approx. 742 students transported).

Response:  This routing would mean an average of 46+ students per route.  There is absolutely no way you could provide timely student transportation with the two buildings being three miles apart.  Your present actual bus routing of half day and full day kindergarten students average 16-25 per route for morning, mid-day and afternoon transportation.  Your Avon Village buses arrive 15-35 minutes late each afternoon (3:47-4:05pm) and then for those buses to travel to Avon East would require 12 minutes plus 4 minutes to load and then depart at about 4:15-4:30 from East to take home 46 students.  Many of the children would not arrive home until 5:45-6:00 pm.  Absolutely no way would you transport these two buildings students on the same bus routes.

Statement:  “As a result of all day kindergarten it was decided to transport students in separate busses.  This practice would not be necessary if all day kindergarten was not offered which would result in a net reduction of four (4) bus routes.”

Response:  This is an absolute false statement which cannot be substantiated.  IF there was no all day kindergarten those same students as half-day kindergartners, would still be transported either in the morning or in the afternoon.  In fact, you would more than double the number of mid-day runs to accommodate the 77 additional am and 77 additional pm half day students.

Statement:  “The midday runs are unaffected by the all day vs. half day opportunity.”

Response:  This statement is totally lacking in fact.  If there were no full day kindergarten your mid day bus runs would be more than doubled because you would have to transport an additional 154 students each mid day.