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 READING READINESS KINDERGARTEN DISPLAYS A GAPFriday, July 04, 2008 Edith Starzyk Plain Dealer Reporter When school resumes at the end of August, more than eight of every 10 kindergartners in the Bay Village district are likely to show up with all the skills necessary to start reading. Fewer than 2 percent will need intense help to catch up to their classmates, if results are similar to those seen last year on a statewide assessment. Compare that with the Cleveland public schools, where last year fewer than two of every 10 kindergartners scored at the high end of the state evaluation and 45 percent needed concentrated support to get up to speed. The huge difference in readiness skills is evident in schools across Northeast Ohio. In many cases, the results mirror what decades of research show: The chance of a child being well-prepared for kindergarten rises right along with the parents' income and education level and the use of high-quality preschool programs. Yet, all public schools are ranked based on the same annual state tests. Cleveland just edged into the "continuous improvement" category - the equivalent of a "C" - last year. Bay Village is perennially in the "excellent" group. The tests that contribute to such rankings start in third grade, so the pressure is on the minute kindergartners walk through the door. Thea Wilson, who heads early childhood education for the Cleveland public schools, acknowledges there's a certain element of unfairness. "Our children have to hurdle so many obstacles just to get to the starting gate," she said. Among those obstacles, she said, is the poor quality of many child-care centers in the city. Wilson is pushing to start up more free preschools at elementary schools across the district. In 2005, there were 22. Now, there are 40, and she hopes to add at least six next year with partial funding from Head Start. She also is working to bring parents of the district's youngest children into the process. Parent involvement is a given at Normandy Elementary in Bay Village, where James McGlamery is principal for students in kindergarten through second grade. "The students are very much ready by the time they come to us," he said. He estimates at least 70 percent of the youngsters have attended preschool. "Years ago, children started to learn to read in first grade," said Carla Calevich, director of curriculum and instruction for the Brecksville-Broadview Heights district. "But with the new state standards, now that begins in kindergarten." Between state standards and the federal testing mandates of the No Child Left Behind law, instruction is driven more than ever by data - not entirely a bad thing in Calevich's view. "We can look at grade levels, classes and individual students to drill down and find areas of strength and need," she said. Sandy Miller, who heads the Ohio Department of Education's office of early learning and school readiness, said the state has focused on reading since 2000 because "it is the foundation for all subject areas." More recently, Gov. Ted Strickland and state legislators have beefed up funding so more districts can offer preschool, she said. And the Early Learning Initiative - basically the state's Head Start for low-income families - is serving its target of 12,000 children after earlier versions were criticized for too-rigid eligibility requirements. Using a grant from the W.K. Kellogg Foundation, the state also will work with 10 schools - to be announced in September - to figure out how to ease children's transition from preschool to the early grades. Ohio's investments in preschool will pay off down the road with more high school graduates and skilled workers and fewer people arrested or on welfare, said Debra Ackerman of the National Institute for Early Education Research. "This is how you can get the best bang for your public dollar," she said. But research has shown the levels of preschool attendance take the shape of a "U," she added, with use dipping for working-class families. They make too much to qualify for a subsidy but not enough to afford high-quality preschool. The average cost for a full-day program in Cuyahoga County is about $11,000 a year. County preschool program also helps train staff That's one of many problems tackled by Invest in Children, a public-private partnership administered by the Cuyahoga County commissioners. Executive Director Gabriella Celeste said the just-completed first year of the county's universal preschool program saw about 1,000 children served at 24 sites. That includes private programs, Head Start centers and home-based care. Participation is voluntary, but the ultimate goal is to make sure everyone has access to good, affordable preschools. Scholarships are given to help close the money gap for working parents. Wade Child Care Center, in Cleveland's Glenville neighborhood, is one of the universal pre-kindergarten sites getting that assistance. Stacy Sheppard, a teacher in the Cleveland district, said her 5-year-old son, Nile, has benefited from Wade's frequent field trips to nearby museums and its emphasis on vocabulary skills. "If my son hadn't attended Wade, I might be nervous about him starting school. But they've gotten him ready for kindergarten and beyond," she said. Help Me Grow is one of Invest in Children's partner agencies. As part of the program, specialists visit homes to teach parents about language development and link them to local libraries. Tierra Dunn of Cleveland said specialist Sharon Fagin has given her helpful ideas about activities to put her 20-month-old- daughter, Taliyah Moore, on the path to reading. Starting Point, another agency under the umbrella of Invest in Children, has been pushing the importance of literacy for years, said its executive director, Billie Osborne-Fears. Wilson, from the Cleveland schools, said readiness scores there have improved over the past few years and the latest data on preschoolers show even more promise. "These children just need to get the opportunity to learn," she said. "We just need to plant the seed." To reach this Plain Dealer reporter: estarzyk@plaind.com, 216-999-4881 | ||
Sun Sentinel
Thursday, June 26, 2008
Avon citizen wants board emails
By Bryan Story
AVON – Two months after he made a public records request to the Avon school board, Tim Bresnahan asked the five members why most of them had not complied.
Bresnahan, a spokesman for the Avon Citizens for Change, confronted the board at a meeting Tuesday night. He said he became curious about the board’s behind-the-scenes discussions after members decided to pursue an unpopular eminent domain proceeding in the February.
Bresnahan was suspicious about the eminent domain case, which would have allowed the school board to acquire land from Mary Jane Wolfe on Center Road for the purpose of building a new Middle school.
“The reason for my interest was that at the surface level, it appeared that there had only been two public meetings relative to the Middle School project, one in January of 2006 and then the meeting in February 2008 when the board voted for eminent domain,” Bresnahan said.
“Something had to happen between those two meetings, and it wasn’t been shown to the public,” he added.
In an attempt to find out what communications occurred among the board members, Bresnahan made requests for any documents dealing with the Middle School planning on behalf of the ACFC, a request that included meeting minutes, written correspondences, formal reports and emails.
Bresnahan explained at the school meeting Tuesday night that some of the board members had not been cooperative in giving him the information he requested.
“I received information form Susan Harrison and Kevin Romanchok and it appears that they fully compiled with the request,” he said.
“But Angela Marsiglia and Dale Smitek wrote me saying that they either destroyed or didn’t have emails and Debra Polovich simply didn’t get back to me at all,” Bresnahan said.
When asked about their replies on Tuesday, Smitek and Marsiglia claimed that since their email addresses were personal, they did not feel that they needed to keep board related emails.
“I delete all of my emails. I would give you anything that I have, but I can’t give you things that I’ve already deleted,” said Marsiglia.
Bresnahan also noticed that soon after his requests were made, the email addresses of the three board members who did not comply with his request were removed from the school board Web site.
When asked about this at Tuesday’s meeting, Marsiglia, Smitek and Polovich all said that they removed their emails addresses for personal reasons.
“It is my own email address, I pay for it and I made a personal decision to remove it from the Web site,” said Smitek.
Bresnahan went on to inquire about a specific email message in which Smitek wrote to Marsiglia and Polovich asking advice concerning a press release that was written after the board backed off of the eminent domain proceedings.
Romanchok and Harrison each acknowledged that they did not receive that email and requested copies from Bresnahan.
While Bresnahan asked a series of questions regarding the email from Smitek, Marsiglia left the room, saying that she would “not take anymore harassment,” ending the discussion.
According to Bresnahan, a lawyer hired by the ACFC has advised the group that personal emails of public officials are subject to public records requests if they are used to conduct public business.
However, at the meeting Kent Zeman, school district treasurer, claimed that since there were no votes or actions taken by email, the emails are not public record.
“Basically, the board has been going along with the ‘business as usual’ attitude, and we are trying to show that their business is unusual. We want to get to the bottom of what is really going on,” said Bresnahan.
The Press
May 14, 2008
Board members pull personal emails from Web site, PAC looking for insight
Avon
By Rebecca Turman
It’s been a month since Avon resident Tim Bresnahan, spokesman for the PAC Avon Citizens for Change, formally requested copies of Avon Board of Education members’ personal emails.
During the April 15 Board of Education meeting, Bresnahan requested copies of emails from board members that pertained to the eminent domain action that was almost taken against Mary Jane Wolfe to seize her property for a new middle school.
“I’m trying to understand the process that the board went through to get to eminent domain.” Bresnahan said during the meeting.
At the meeting, board members asked that the district treasurer, Kent Zeman, contact the district’s law firm to determine whether it was a legal request.
In a letter from Ken Stumphauzer, of Stumphauzer, O’Toole law firm, dated April 18, Stumphauzer stated, “R.C. 149.3 (A)(1) defines ‘public record’ to mean records kept (emphasis added) by any public office, including a school district. By definition, therefore, a public record as it relates to the Avon Schools means records kept by the Avon Local School District. If an employee, including a Board member, transmits or receives an email on their personal computer, those emails are private communications and as such are not public records in that there is no requirement that they be kept by the school district. The school districts cannot keep a communication from an employee or Board member’s personal computer, as they have never been placed in receipt of that communication.”
Bresnahan argued during the April 15 meeting that since the board members had posted their personal email addresses on the district Web site as contact information, it could be assumed that the members were using their private emails to conduct board business.
Bresnahan said he received responses from the majority of the board members. Angie Marsiglia stated, “I have nothing to send you. I do not keep emails, etc. All information is kept at the Board Office.”
Board President Dale Smitek also reported to Bresnahan that he did not have any emails or any other information that related to Bresnahan’s request.
Susan Harrison and Kevin Romanchok provided Bresnahan with emails, Bresnahan said.
Since the April meeting, board members Smitek, Marsiglia and Polovich have removed their personal emails from their contact information on the district Web site. However, board members Harrison and Romanchok still have their personal emails posted.
Romanchok said he was not aware that the other board members had removed their personal emails, and he was not told by anyone on the board or in the district to remove his email from the Web site.
When asked if the board members would be given district-owned emails, Zeman said that’s something the board members would have to decide.
Sun Sentinel
Thursday May 1, 2008
Editorial
It’s Time to resolve land issue
The fallout continues in Avon’s controversial eminent domain saga. But it’s not too late to right the wrong.
The school board set its sights set on 25 acres of land on Center Road as the perfect location for a new middle school. But Mary Jane Wolfe, who owns the land, didn’t want to sell, so the school board decided to use eminent domain to acquire the property.
Fortunately, the board backed down from that stance last month. But the fallout continues. Rather than pursing amicable negotiations, the controversy is still front and center.
Perhaps something was lost in translation. School board President Dale Smitek said the board decided to back down on the eminent domain issue as a result of what was described as an “amicable conversation” and that it was done “in the spirit of cooperation.”
Wolfe disagrees with that assessment and maintains she still is not interested in selling her land. Yet, online message boards and community forums are bustling with comment about the situation. Some residents apparently thought that Wolfe agreed to continue negotiating or that she was reconsidering her resistance to selling the property. She debunks those thoughts, saying that she and her attorney met with city and school officials, at which time the board agreed to rescind the eminent domain resolution. As a courtesy, both sides agreed to look at other proposals, Wolfe said.
Earlier, we urged the board to consider all the options. And to take the time necessary to properly pursue the middle school project.
That request still stands. School and city officials should meet with Wolfe and resolve this situation fairly and amicably.
The Press Newspaper
Sun Sentinel
April 30, 2008
Editorial
Whose email?
What would you say if a total stranger asked you to divulge contents of your personal email? Most likely you would think they were out of bounds.
Now what would you say if the courts said you had to reveal those emails to any stranger who asked? The idea is not as improbable as it sounds and has been tested in the courts.
Recently, a private citizen requested correspondence from private email accounts of public officials. While we have not yet learned whether the request was fulfilled, the demand was not totally out of line. What this individual was seeking was correspondence related to a public matter. This correspondence, however, was conducted via certain school board members’ personal email accounts.
At issue is not whether or not an email is personal but the content contained in the email. In this situation, the public officials were posting personal email addresses as a point of contact on a school sponsored Web site. The Press agrees that emails related to school board members or between a public official and a private citizen, become a matter of public record.
What remains a gray area is just when does online correspondence cease being just correspondence and become a public meeting? The Press was disturbed to hear of correspondence between one school board official that was carbon copied to several, but not all, school board members. Collectively, the argument could be made that with one stroke of the keyboard, the official “invited” the other members to simultaneously offer input on a matter relating to school business, possibly constituting a quorum of officials, which in turn has created a public meeting – a public meeting that neither the public nor the media had been invited to. Does this constitute a breach of Sunshine Laws that demands advance notification of public meetings so public input is welcome?
The argument could be made that each email was intended individually, similar to one on one conversations that may have taken place prior to the advent of email. In that situation, would the communication have been considered a meeting? Had respondents replied in kind, to all parties on the original email, an argument could certainly be made a public meeting had taken place.
The Press does not believe there was an intention to deceive the public. Perhaps the lesson here is that public officials need to rethink their correspondence with each other – and the public. What may seem like private correspondence may in fact be anything but.
The Sun
April 24, 2008
Land Issue Lingers
Avon –
by Bryan Story
Whether school board backed off its plans to use eminent domain, it looked as thought the issue had been resolved and everyone would walk away amicably.
However, that is not the case.
At the April 8 meeting, when the board rescinded the eminent domain resolution, school board President Dale Smitek said that the decision to back down on eminent domain came as a result of “amicable conversation,” and that it was being done “in the spirit of cooperation.”
Some took this to mean that there was an inside agreement between Mary Jane Wolfe, the owner of the land in question, and the school board for her to sell some of the land if the board backed off of using eminent domain.
Rumors of such an agreement popped up on a popular message board and stirred thoughts that Wolfe had agreed to a deal with the board to sell her land.
On April 11, Wolfe wrote a letter to the Avon Citizens for Change, a political action committee that has spoken on her behalf against the school board, dispelling those rumors.
In the letter she denied making any agreement to sell her land, saying simply that in a meeting between her, attorney Jon Pinney, Smitek and Mayor Jim Smith, it was agreed that the board would rescind its eminent domain resolution. “As a result of that action, and as a courtesy, we agreed to look at other proposals they might have,” Wolfe stated in her letter.
“There was no discussion in regards to price or property values…. I truly feel in my heart that I still do not want to sell my property – and have made no commitment whatsoever to sell or negotiations with anyone,” added Wolfe.
The Press
April 23, 2008
Questions Raised over legality of request for board’s emails
Avon
By Rebecca Turman
During the April 15 Board of Education meeting, Tim Bresnahan, spokesman for the Avon Citizens for Change, asked board members to release a host of emails and text messages from personal accounts.
Bresnahan public records request states that he is “seeking information relative to the project to construct a new middle school and the eminent domain proceedings to secure property for the middle school.”
1) Copies of all documents from any meetings (formal or informal) where this topic was addressed in any fashion.
2) All notes, memoranda, or other documents concerning this topic.
3) All telephone logs and/or messages concerning this topic.
4) Any e-mails, text messages, faxes, or other electronic communications concerning this topic, whether on personal or public email accounts and cell phones.
5) All reports, presentations, or other documents concerning this topic.
6.) Copies of any and all communications submitted to the media regardless of the form of that submission (i.e. press release, media release, scripts for interviews, letters to the editor, or any other written document submissions
The request went on to say, “ This request specifically includes but is not limited to date presented, discussed, and analyzed in ‘executive session’ prior to the formal initiation of eminent domain court proceedings.”
“I wouldn’t have anything that the board wouldn’t already have,” board member Angie Marsiglia said of her old emails. “I didn’t keep them. Are you looking for something specific? Where are you going with this?”
The purpose of the request, according to Bresnahan, is to look for documentation regarding the eminent domain.
“I’m tying to understand the process that the board went though top get to eminent domain,” he said, referring to the board’s recent attempt and eventual withdrawal of taking a resident’s property through the eminent domain process. “Your legal counsel didn’t advise you (to save personal emails)?”
“No” was the resounding answer from board members.
Kent Zeman, the district treasurer and representative who attended a seminar on the Ohio Sunshine Laws said he didn’t believe the request was legal.
“Unless the government body is paying for that item, I don’t see that as a public document,” he said. “Personal email accounts…. That doesn’t, in my opinion, constitute a public document.”
According to the Ohio Sunshine Laws, “A ‘record’ is any item that is kept by a public office that: (1) is stored on a fixed medium, (2) created, received or sent under the jurisdiction of a public office and (3) documents the organization, functions, policies, decisions, procedures, operations or other activities of the office. Note that in certain instances, the Ohio Supreme Court has concluded that items in a public office, which do not “expose government activity to public scrutiny’ and do not ‘shed any light on any government activity,’ are not ‘records.”
The Ohio Sunshine Laws state, “to be a ‘record’, first the item must be stored on a fixed medium, something tangible. This characteristic is fairly broad, and but for one’s thoughts and unrecorded verbal communication, most everything is stored on a fixed medium of some sort. A public office has discretion to determine the form in which it will keep its records. Accordingly, items such as photographs…. Voice mails….e-mails and computer files might constitute ‘records’.
“second, the item must have been created, received, or sent under the jurisdiction of the public office. Even if the items requested are not in the public office’s physical; possession, if they were created under the office’s jurisdiction, they may still be subject to public disclosure.”
There is “very little emailing going on” between board members, Marsiglia said.
“Last year we were meeting two times a month,” she said. “We had plenty of time (to review material).”
Bresnahan requested that board members send him an email stating whether they will comply with his request for information.
“Could you check with our attorney?” Marsiglia asked Zeman. “I just think things are getting a little funny.”
During the meeting, Bresnahan also asked the board to consider televising meetings and moving the time of the meetings to a later start time of 7 p.m.
Avon Press
Letters to the Editor
4/23/08
Another Spin
To the Editor:
After reading the article, letters to the Editor and the Editorial in your April 16th edition, I’m afraid the only thing left "spinning" is my head. I am a proud member of Avon Citizens for Change and joined their effort to help Mary Jane Wolfe keep her property. As we have been accused of being "NIMBY’s" and/or to have hidden agendas, I can tell you that our only mission was to allow Ms. Wolfe the opportunity to keep her property on her own terms. If she chooses to sell all or part of her property to the school district or to anyone else now or in the future, or if she decides to keep her land and hand it down to her children that is entirely up to her. I’ve had the pleasure of meeting Ms. Wolfe on several occasions and can tell you the tears she has shed over the past few months are real. She is a wonderful person and certainly did not deserve the turmoil she’s been subjected to these past few months. For "Laugh" aka Ms. Marsiglia to openly accuse Ms. Wolfe on loraincounty.com of "playing both sides" and that she was "told to do so" is insulting to not only our group but mostly to Ms. Wolfe. Ms. Marsiglia should be ashamed of herself for posting such a comment. Her comments on lc.com are based on what she was told occurred at the lunch meeting that she was not even invited to so her comments are strictly hearsay. But sadly they began the "spinning tales" we have had the pleasure of reading in yours and other local newspapers. Perhaps that was her intent, one can only speculate. I find it ironic that Mr. Smitek looks forward to better cooperation and "future discussions and a mutually beneficial agreement" with Ms. Wolfe. Perhaps if she was treated with the respect she so deserved from the beginning, the use of eminent domain would have never been placed on the board’s agenda in February and all this "spinning" could have been avoided. I will give the board credit for one thing. At least they are consistent in their disrespect to those who question them. Whether it’s someone pleading to keep their land, someone else who proves that full-day kindergarten parents were overcharged for their fees, a high school student asking why the current middle school sight cannot be used or the many others who have questioned them in the past, the same disrespect is given to all. They never answer your questions!! Finally, your editorial staff should also be ashamed of yourselves to insinuate that our group would turn against Ms. Wolfe if she chose to sell her property. How dare you accuse us of such a heartless tactic! It was not our group that forced Ms. Wolfe to hire an attorney but the 3 members of Avon’s school board who voted in February to take her land. Perhaps you’ve been witnessing too many of their tantrums and sadly this is what you’d expect from everyone. The people in our group are good people and have worked tirelessly for months to help Ms. Wolfe keep her property. In doing so, we have also heard from many residents who are not satisfied with the board’s actions (current and past) and do not trust them. So, as is our right, we will continue to question this board and will expect honest answers. However, I suspect we will not get them. Holly Dufala Avon
The Press
April 23, 2008
Start up Committees may be open to residents
Avon
Rebecca Turman
During the April 15 Avon Board of Education meeting, board member Kevin Romanchok presented to fellow board members the idea of starting a committee and subcommittees to engage citizens as part of a continuous improvement plan.
According to Romanchok, a committee had been present in the past but was made up mostly of administrators in the district and was run by curriculum director Vicki Fisher.
Opening up a committee to the community would have a “positive reflection on new citizens and parents,” Romanchok said.
Romanchok researched what types of subcommittees other school districts operate, and he found that they range from housing committees to insurance and curriculum.
“You can draw in the educators, but in certain areas, some people in the community would have more expertise,” board president Dale Smitek said of the idea.
According to Avon Superintendent Jim Reitenbach, commitment to the committee was an issue in the past.
“There were four different committees, but over time they (members of the committees) dropped out, “Reitenbach said. “In my tenure here, the board has not had a committee adopted by the board,” he added.
To avoid members dropping out of committees, board member Angie Marsiglia suggested that the board put a time limit on how often and for what length of time the group would meets so they wouldn’t be overwhelmed by a long-term commitment.
Because many people in the community lead busy lives, Romanchok mentioned that subcommittees could meet once a month and in the interim could communicate online in a blog like atmosphere.
The first step in starting a general committee and then subcommittees would be to “see if there is an interest in the community,” Reitenbach said.
“I certainly think we should communicate with the senior citizens as well,” Marsiglia said.
Reitenbach and Romanchok said they would work out the details of how the committee/subcommittees would function and work with the board. They will report their concepts back to board members during the May board meeting.
The Press
April 16, 2008
Lawyer Says all bets are off after Internet posting incident
Avon
By Rebecca Turman
Plans to build a new middle school in Avon appear to now be on hold indefinitely, leaving both sides of the eminent domain issue accusing the other side of foul play.
During an April 8 special meeting, the Avon Board of Education passed a resolution to rescind a resolution from February to peruse eminent domain actions to take Mary Jane Wolfe’s 25 acres of property on Center Road, east of the current middle school, to build a new school.
Approximately 50 people attended the special meeting, which the agenda stated would include discussion of the eminent domain issue during executive session.
After assembling in a separate location for an hour-long executive session, the board reconvened and told audience members that because of amicable discussions with Wolfe and her lawyer, Jon Pinney, the school board would no longer pursue eminent domain actions.
While the resolution appeared to resolve the ongoing battle between the board and Wolfe, The Press has learned the issue is mainly unresolved and any deal to sell the property may be dead.
In a Letter to the Editor, Board President Dale Smitek revealed that he, Avon Mayor Jim Smith, Pinney and Wolfe had met at Athena’s restaurant in Avon Lake on April 1 to discuss her property.
“We hold out hope there could be some agreement,” Smitek said in an interview days after the meeting. “We are not going to be held for price.”
The day after the board’s special meeting was held, a person with the screen name “laugh” posted information on loraincounty.com essentially saying Wolfe would sell her property to the school board.
“…Wolfe said she has decided to sell her land to the schools but they needed to come up with a better price,” the posting said. “She was also concerned how this group that have been supporting her would feel. We agreed to make a general statement and take off the eminent domain. She has asked to see how the plans and how a school building would fit on her property. I was very disappointed last night that Mrs. Wolfe did not extend the courtesy to the board that we did to her. She should have made a statement that she did tell the representatives from the city and school district that she would discuss a price for her land.”
The posting, which was removed from the website as press deadline, went on to say Wolfe was “playing both sides of the issue.”
In an interview, Avon Board of Education member Angie Marsiglia said that she posted on loraincounty.com under the screen name “laugh”.
“I don’t hide behind anything,” she said, adding that anyone could figure out that it is her who posts as “laugh” on the boards. “The levied don’t hurt me, but they hurt kids and they hurt teachers and they hurt the system. I want everything out in the open, and I want to behind the scenes (actions), so there are no questions of any meetings on the side.
“(We need to) Let it all calm down and let this poor woman catch a breath of air. The toughest part is if I wasn’t’ on the school board, I’d probably be sitting out there, too (with those fighting for Mary Jane). But I know that (pursuing Wolfe’s property for a new school) was the best decision. I feel strongly about that.”
Marsiglia said she was left with the impression that Wolfe was willing to discuss sale of her property and as a result the board rescinded the eminent domain.
“I hope that was true and I hope that we hear from her,” Marsiglia said. “But maybe this was a trick. I don’t know. We certainly did it in good faith.”
If Wolfe does not sell her land to the district, Marsiglia said, “There may not be anew middle school. We’ve been working on this for years. We’ve looked at all these properties…. I still believe that this is the best location.”
And if a new middle school isn’t’ built, Marsiglia said overcrowding in the schools would be inevitable.
“It is the best location, so we will just have to wait and see,” Marsiglia said. “If it doesn’t work out, I have not heard plans for any other site. I quite honestly, think the school will be put on the back burner at that point.”
Pinney clarified his client’s position on selling her land. “It’s the same as it was,” Pinney said during an interview after the eminent domain threat was rescinded. “The property is not for sale, Period.”
As a courtesy to the board for dismissing the eminent domain, Pinney said Wolfe had agreed to look at architecture plans of where a new middle school could possibly be placed on her property, but said that has changed after learning of Marsiglia posting.
“In my opinion, all bets are off, and I’m disappointed with how they’ve tried to spin this,” Pinney said, adding that the board would have to “convince” him and Mary Jane that they (the board) are “even truthful.”
While Pinney said some of the comments posted on loraincounty.com were true, including the fact that he, Wolfe, Smitek and Smith met to discuss the eminent domain issue, Wolfe never agreed to sell her land to the board.
“The purpose of the meeting was to ask the board why they did what they did.” Pinney said. “This is their attempt apparently, to save face and try to handle the media and public relations side of this. I don’t think it’s fair that they’ve done this.
Pinney was surprised a board member had posted information on line.
“I can’t believe that someone would go and post that type of statement on Lorain County’s web log….It’s a blatant misrepresentation.” Pinney said. “They took what was supposed to be a amicable process and turned it into this. I don’t think at this point I can believe anything they say and I don’t think anybody should.
“(Wolfe said to the board) ‘As a courtesy to you, I will look at options,’ and they are now turning this into a statement that she agreed to selling the property In light of what they are saying, publicly, there will be zero discussions ever. The board’s comments are misstatements to the media an on public Web sites are just wrong. I think it’s childish and the board needs to start acting like professionals.
Wolfe couldn’t be reached for comment; however the following statement from Wolfe was posted on the Avon Citizens For Change Website, www.avoncitizensforchange.com:
“First of all, there are not, nor were there ever several discussions going on with the Board of Education. There was one meeting (that Tues) with Mayor Smith, Dale Smitek, Jon Pinney (attorney) and myself and one phone call (per Jon). Discussions at that meeting were very amicable and Dale Smitek agreed to rescind the eminent domain action after talking to Jon. For that, I am truly grateful. And as a result of that action, and as a courtesy, we agreed to look at other proposals they might have. There was no discussion in regards to price/or property values other than a statement that the offer was not appropriate and agreed by all.”
Wolfe said she feels “in my heart” that she does not want to sell her property.
The Board of Education has a special meeting on April 15, after press deadline. While Wolfe’s property was not listed on the agenda, Tim Bresnahan and Dave Vargo, of the Avon Citizens for Change, were scheduled to speak at the meeting and were listed in the “Recognition of Visitors” section on the agenda.
Avon Citizens For Change Seek Public Records Over Eminent domain Issue
The Morning Journal
Wednesday, April 16, 2008
Chandra Neely
AVON – Members of Avon Citizens for Change peppered school board members with public records requests and questions about comments some members have made in the media dating back to 2006.
Avon Citizens for Change spokesman Tim Bresnahan slapped each board member with a seven-page records request last night seeking any formal or informal documents pertaining to an eminent domain issue, including emails from board members personal email. This comes after group members say a statement was posted on line by a member of the Avon school board using a personal email account.
In February, the board voted to take landowner Mary Jane Wolfe to court to obtain 25 to 27 acres of her Center Road land in order to build a new middle school. Last week, the board rescinded the action.
In a statement posted on LorainCounty.com signed “laugh” and titled Avon School Board, it reads, “Ms. Wolfe decided to sell her land to the schools, but they needed to come up with a better price…. She asked to see the plans and how a school building would fit on her property.”
From the very beginning, Wolfe has said her land is not for sale and according to her attorney, Jon Pinney, they have no plans to negotiate with the school board. The email signed “laugh” is from a school board member, the citizens group contends.
Vice President, Angela Marsiglia adamantly denied having a personal email account and said board members should “talk to their attorney first” before they honor Bresnahan’s request.
“They need to do a better job of informing the public,” Bresnahan said. “They’re having important discussions. They need to remove the cloak.”
Even though the board voted in a special meeting April 8 to take the eminent domain action off the table, President Dale Smitek said last week, “as far as the board is concerned, we are done looking” at other property.
The group provided alternatives to the board for building the middle school instead of on Wolfe’s property.
“They should have a citizens committees of taxpayers with and without children in the system involved (to help make a decisions on where to build the new middle school). Have a cross section of the community,” said Bresnahan.
Dave Vargo, a member of Avon Citizens for Change, presented the board with a detailed presentation showing the middle school’s current location at 3075 Stoney Ridge Road as the best place to build a new middle school.
“The current site is 30.52 acres,” Vargo said. “Based on (Ohio School Facilities Commission), you can provide a facility to house 1,000 students. The building would need to be approximately 140,000 square feet. The middle school is approximately 65,000 square feet. If planned properly, a new multi-floor facility can be placed exactly where the existing school now sits.”
The Sun Letter to Editor
April 24, 2008
The Press Letter to Editor
April 16, 2008
Made A Difference:
My name is David Vargo, and I am a founding member of the Avon Citizens for Change. I would like to congratulate Mary Jane Wolfe and her successful fight she waged to keep her property and retain her right to decide it's future use. I would also like to thank the many citizens of Avon and other communities for their help and support. I was deeply touched by their dedication, conviction, generosity, and willingness to join the cause to protect Ms. Wolfe's rights as a resident and property owner in the City of Avon.
I am saddened by the current actions of the Avon BOE and some of its members. Mary Jane was not even allowed 1 day to sit back, relax and take this all in before they began an all new attack to discredit her and slander her good name.
Mary Jane has done nothing to warrant the vicious attack they are now waging, other than fight for her rights as a property owner. We all know who "Laugh" is on Lc.com - just view all of the posts - They come out and admit it. Their attack and subsequent ramblings show the true intentions of the Avon School Board. They will not be satisfied until they acquire the Wolfe property - by any means necessary. It also shows that there is little regard for the students and citizens of Avon. "Laugh" admits that they do not care if a new middle school is built - then why stay on the Board?
PLEASE leave this poor woman alone. She needs to take care of herself and enjoy the fruits of her family's labor.
And to the Citizens of Avon and other communities - WE CAN MAKE A DIFFERENCE!
Dave Vargo
Avon Citizens for Change
The Press Letter to Editor
April 16, 2008
Better Cooperation
Dear Avon Citizens,
Within the past two weeks, at the invitation of Mrs. Wolfe and her attorney, Mr. Pinney, the mayor of Avon and I met them for lunch in the hope of better cooperation and understanding going forward.
The meeting and subsequent follow up phone conversations have been very amicable and postive.
Therefore, at their request and in a spirit of accommodation and comprise, the Avon Board of Education had voted to rescind the Feb 19 appropriation resolution.
The Board looks forward to future discussions and a mutually beneficial agreement.
Thank you for your support and understanding.
Dale Smitek
President, Avon Board of Education
The Press Editorial
April 24, 2008
The Press Letter to Editor
Made A Difference:
Mary Jane has done nothing to warrant the vicious attack they are now waging, other than fight for her rights as a property owner. We all know who "Laugh" is on Lc.com - just view all of the posts - They come out and admit it. Their attack and subsequent ramblings show the true intentions of the Avon School Board. They will not be satisfied until they acquire the Wolfe property - by any means necessary. It also shows that there is little regard for the students and citizens of Avon. "Laugh" admits that they do not care if a new middle school is built - then why stay on the Board?
PLEASE leave this poor woman alone. She needs to take care of herself and enjoy the fruits of her family's labor.
April 16, 2008
Better Cooperation
Dear Avon Citizens,
The meeting and subsequent follow up phone conversations have been very amicable and postive.
Therefore, at their request and in a spirit of accommodation and comprise, the Avon Board of Education had voted to rescind the Feb 19 appropriation resolution.
The Board looks forward to future discussions and a mutually beneficial agreement.
Thank you for your support and understanding.
President, Avon Board of Education
Wednesday, April 16, 2008
Spinning Tales
If you’re confused on just what’s going on with the eminent domain situation in Avon, you’re not alone. We’re not even sure the players involved are sure what’s going on.
All we’re sure of is that with all the spin that’s going on with this dizzying cast of characters, it’s near impossible to set the record straight.
The Press had a frank discussion with Avon Board of Education President Dale Smitek, who unlike his persona at board meetings, is a much more levelheaded and sincere person when removed from the public’s eye.
And while the Board of Education may have made some missteps in acquiring the property, which as of last week has been released from eminent domain proceedings, we have no doubt they have the interest of the general public and the city’s children in mind.
Realizing perhaps that the strong negative public perception and public outcry against eminent domain would/could lead to a backlash in the form of a failed levy, the board abandoned the attempt. But were they played?
Comments from Smitek leave the perception that there remains the possibility of reaching a deal with Mary Jane Wolfe for her property. Comments from her lawyer and a release from Wolfe herself seem to indicate otherwise.
One of the most disturbing turns in this misadventure came last week when one board member admitted to posting on an online forum under the assumed name “laugh”. The posting essentially said plans were in the works for Ms. Wolfe to sell her property to the board. The posting and admission it came from a board member – earned the ire of Ms. Wolfe’s lawyer, who promptly responded that the posting was enough to negate any future talks.
Or was that just another spin? With pressure from grassroots organization Avon Citizens for Change backing Ms. Wolfe’s quest to retain her property, the lawyer may have found just the perfect excuse to take the property off the negotiation table.
Somewhere between all the parties involved, it’s easy to forget that one of the main players, Mary Jane Wolfe, is probably the most innocent bystander. An unwilling participant, she has been forced to bring on a lawyer only to say she has made no firm commitment to anyone. What’s left our is the possibility that Ms. Wolfe may eventually want to negotiate but may find herself in a new predicament of having groups who supported her now turn against her.
The next spin in this saga may be just around the corner.
The Cleveland Plain Dealer
April 11, 2008
Avon Schools Wont Seize Land
Jennifer Gonzalez
Plain Dealer Reporter
AVON – Avon school officials have backed down from seizing a woman’s property through eminent domain.
The Avon school board this week rescinded a resolution it passed in February authorizing the school district to coerce Mary Jane Wolfe to sell 25 of her roughly 30 acres. She would have remained in her house, however.
The school district wanted the land for a new middle school building. Wolfe’s property abuts the existing school.
“The board did the right thing,” said Jon Pinney, Wolfe’s attorney. “Mary Jane has no intention of parting with the property in any shape or form.”
Wolfe could not be reached for comment on Thursday.
Dale Smitek, school board president, said the board reversed its decision, hoping that Wolfe may change her mind. The threat of eminent domain did force both sides to meet, which was a positive step, he said.
The school district has been trying to persuade Wolfe to sell the property for more than a decade. Smitek along with two other board members in February voted in favor of eminent domain. At that time, they insisted the district needed the property, because studies showed a larger middle school would be needed.
With the exception of her 14 years of marriage, Wolfe has lived in her Center Road home all her life. The house sits on edge of land her family has owned since her maternal grandmother’s time.
Tim Bresnahan, an Avon resident and member of Avon Citizens For Change, said the school board was forced to back down because of intense pressure from residents.
The group had secured hundreds of signatures, on paper and online, for a petition supporting Wolfe. Over 200-yard signs dotted Avon homes, and many emails were sent to school board members.
THE SUN
April 10, 2008
BOARD BACKS OFF
Eminent Domain plans are scrapped
By Bryan Story
AVON – After more than an hour in executive session, the school board decided to scrap a plan to use eminent domain as the way to acquire land for a new middle school.
About 40 people who attended Tuesday’s special school board meeting applauded the move.
Dale Smitek, school board president, cited progress in discussions between the board and Mary Jane Wolfe, who owns the land. He said the decision was made “in the spirit of cooperation.”
The school board’s original decision to use its power of eminent domain to force Wolfe to sell 25 acres of her land on Center Road spawned outrage among citizens and led to the creation of a political action committee known as Avon Citizens For Change.
Since the February vote, ACFC has hounded the school board with emails, letters and phone calls, distributed more than 250 yard signs protesting eminent domain, collected money for a defense fund for Wolfe and started circulation of a petition urging the board to rescind its vote on the issue.
“It feels good,” said Tim Bresnahan, an ACFC organizer, after the meeting on Tuesday. “I’ve been glad to see people so interested and to see that they have been flooding the in-boxes of the board members,” he said.
According to Bresnahan, the petitions were very successful and there were hundreds of hard copy signatures to go along with more than 200 on-line signatures that the group gathered.
“I would like to think that the board is feeling the pressure from the community,” Bresnahan said while the board was meeting in executive session.
“I don’t know if they realized how much opposition they had in the city, but this had made people really upset and they won’t forget about it easily,” Bresnahan added.
The outcry over the eminent domain issue only increased recently after Smitek wrote a letter in the school’s April newsletter, “Avon Avenues,” in which he tried to explain why the Wolfe property was the best location for a middle school.
Smitek also claimed in the letter that most of the people speaking out against the issue were those who lived in the area, referring to the protests as NIMBY, or “Not In My Backyard” opposition.Avon board still wants land from homeowner
CHANDA NEELY, Morning Journal Writer
04/10/2008
AVON -- The Avon school board still wants some of Mary Jane Wolfe's land for a new middle school. Quiet talks have been going on in hopes of fostering cooperation, according to school board President Dale Smitek.
However, Wolfe's attorney, John Pinney, said Wolfe still isn't interested in selling 25 acres, though she might consider selling 5 to 10 acres.
The school board agreed Tuesday night to drop threatened eminent domain action against Wolfe to acquire about 25 acres off Center Road, but Pinney said. ''There's never been any commitment to sell or to negotiate whatsoever.''
Pinney said he received phone calls from the public yesterday alleging that board members are saying Wolfe will negotiate and that a statement in an online forum, says Wolfe agreed to sell the property if the school board upped their price.
Tim Bresnahan, a Wolfe supporter, said he believes the online comment by a poster using the name ''laugh'' was written by a school board member.
Pinney said that based on what he has been told, the comments are ''inaccurate.'' The school board ''is trying to spin things to save face.'' While a smaller portion of land might be available, ''It's childish the way they (school board) conduct themselves. It's utterly ridiculous the way they conduct business in Avon,'' Pinney said.
''We've looked at a lot (of other properties),'' school board President Dale Smitek said. ''As far as this board is concerned, we are done looking.''
In a letter sent to The Morning Journal yesterday, Smitek wrote that he and Mayor Jim Smith had lunch with Wolfe and Pinney at the latters' request ''in the hopes of better cooperation and understanding going forward.'' That meeting and subsequent phone calls were ''very amicable and positive,'' according to the statement.
''Therefore, at their request and in the spirit of accommodation and compromise'' the school board rescinded the eminent domain action. ''The Board looks forward to future discussions and a mutually beneficial agreement,'' Smitek wrote.
Yesterday during a phone conversation, Smitek said, ''We had a very positive discussion with Mary Jane. One of the issues that came up was that the price was too low. I agreed. I'm not saying that she wants to sell or anything.''
The district had previously offered Wolfe $30,000 per acre, for a total of $750,000.
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The Press
Letter to the Editor
4/9/08
Where's the Proof?
Concerning the eminent domain issue: in the April 2008 issue of Avon Avenues, Jim Reitenbach stated "When a levy fails, a school district must make cuts and that negatively impacts students!". This is an erroneous statement. The Avon School District is much too proud of its "excellent" rating by the State Board of Education to allow our students’ education to be impacted by anything. If a levy fails, the district will continue to do whatever is necessary to keep that rating. This is purely a scare tactic. It is truly insulting for a school board – which claims to care so much for our children – to dangle our children in front of us, telling us that unless we do what they say, our children will suffer. They will not suffer, and parents know it. Scare tactics aren't going to work.
I used to be an environmental consultant for a private firm, and the federal government. I’ve dealt with many types of land issues, including property transfers, and they all have something in common – a paper trail. Dale Smitek stated that sites other than Mary Jane Wolfe’s property were considered, but hers was the "very best location" for a new school. Where is the proof? Where is the written documentation showing that this is the "best" location? Where is the documentation showing which other properties were evaluated, and what aspects of those properties make them unacceptable? The school board is asking taxpayers to swallow the big eminent domain pill without a shred of evidence that it’s necessary. The board may not need such evidence in a court of law, but they will certainly need it in the court of public opinion – because that’s the court that passes or fails levies, and votes board members out of office.
Joy Volpi
Avon
The Sun
April 24, 2008
The Press
Letter to the Editor
4/9/08
The Avon School Board
ATTN OF: All Board Members and Superintendent of Schools
I am writing to you to express my concerns regarding all the attention that the Eminent Domain issue is generating throughout Avon. But before the issue of land is discussed, I feel that a responsible Board of Education in any school district should first disclose what type of building that they propose to build, prior to the purchase of any land.
I feel that school boards are more interested in building elaborate school facilities instead of focusing on what the basic needs that a school should be. Why do we have school buildings of only one floor that take up entirely too much acreage and are not cost effective to build, maintain and run efficiently?
I grew up in the Lakewood Ohio school system and graduated in the early 1960’s. Yes I am from an older generation, but those multi floors schools that sat on only a few acres of land afforded me an excellent education. Each of the floors in the schools was identical, which was, and still is, the most efficient way to build a structure. As any builder or new home buyer knows, that if you want to build a 2500 square foot house, the most economical way to build it, is to make it a two story house over the cost of a ranch style house, less building footprint, less land needed, less costs.
The two new grade schools that have been recently constructed in Avon could have been built on one of those parcels of land with a two or three story building that would accommodate all the needs of the children, without so much land use. Remember that every acre of land that a school sits on that does not perform a primary function, is land that has to be maintained, and is land that does not bring in tax dollars to the city or the schools.
Because I have grandchildren in the Avon schools, I attended a school board meeting in which Mr. Barnheart presented his case of the overcharging that the Avon BOE is doing to the all day kindergarten children. While there, I was amazed at the wasted space that was used for the library in that school. The high ceilings and open spaces were just a waste of heating and cooling. The maze, in which those school are laid out, just produces a spider work of extra plumbing, heating and electrical nightmares that you and I, as taxpayers, pay for.
Today’s kids, just like the kids of yesterday, requ