"THE WAY YOU DO THE THINGS YOU DO" temptations
After last Mondays council meeting I presented a complaint I am willing to send to the United States Justice Department of what I believe is a violation of the Americans Disability Act. I will file the complaint with the Disability Rights Section.
My complaint concerns Main St. in front of the business located at 154 Main St. The fence in front of 'Your Vine Or Mine'. The reason of my complaint being against the City of Painesville and not this business is that the property that the fence rests on is owned by the city. My grievance is with them and not the business.
Both Mr. Lewis and myself have come up with different measurement numbers? My numbers were measured when two full sized vehicles were angle parked in front of 154 Main St. Now if the city proposes to lose those two parking spaces I guess their measurements would work.
Then the email started.
First it seemed Mr. Lewis wanted me to be a lawyer and quote the ADA requirements. Now if a for profit business is now occupying a public access area, who is paying for the liability insurance? Why not just state the rules?
I guess me question comes down to where is the permit?
What other city in Lake County would allow this without making the business apply for a conditional use permit? ( see I knew if I went to those planning and zoning meetings I might learn something.)
Why is this business allowed to expand onto a public access sidewalk without getting a conditional use permit? Show me an ordinance which gives a business a right to do that so I can read it.
We have ordinances in town that tells you how many chickens you can have, what time you can put out your trash, how high your grass can be. Nothing when it comes to this?
What is it do I have a problem with 'Your Vine Or Mine'. Yes and No the business needs to succeed for the good of Painesville, I understand that. This fence impedes the pedestrian traffic on Main St. At the same time I think I know who let this happen that represents the city. I believe that person overstepped their rights. At that time YVOM sent a letter to Ward I councilman Andy Flock telling him if he kept bringing up this issue during council meeting the business would take legal actions against him.
( Yes I have a copy of that letter) Councilman Flock took the letter to the city law director and asked Mr. Gurley what were his legal rights. Mr. Gurley answered "As long as your a Painesville councilman you can bring up anything that concerns Painesville."
Mr. Flock as well as most everyone else assumed that since Main St. 'streetscape' was starting this spring the fence would not be erected.
I as many others have seen citizens forced in the street over this. Now to save the city as well as myself a lot of grief . Please drop a phone call, or email to Mr. Lewis if you also feel this fence is a problem.
Douglas Lewis 392-5802/ email dlewis@painesville.com. Please feel free to tell your story to him.
I will wait until Friday and then off the letter goes if no response from the 'Golden Dome'.
Final question if I go to Subway buy a sandwich and Coke can I go down to the fenced in area? It is on public property? Ms. Reed be my guest to chime in.
My question seems to be is this anyway to run a city?
I want to thank some of you that helped me figure out how to post this and helping compose the letter to the ADA presently you will remain nameless.
posted by terminator1 @ 11:36 AM
11 Comments
11 Comments:
On another note; Some are wondering how and why the 7 year Safety Levy became a 5 year Fire Levy, a 5 year Police Levy?
Is anyone in the 'Know' in charge of writing these up?
Painesville has ordinances when it comes to public sidewalks.
No person shall place or maintain an obstruction of any kind. Including ice and snow, upon any sidewalk or fire hydrant in the City, so as to prevent the uninterrupted use of such walk for it's full width, or shall place or maintain an obstruction of any kind, including ice and snow,in any street guter or drain so as to prevent the uninterrupted sidewalk passage of pedestrians orflow of water along such gutter or drain.
No person shall place, deposit or maintain any merchandise, goods,material or equipment upon any sidewalk so to ubstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no case shall the obstruction remain on such sidewalks for more than an hour.
Now thats the Painesville law. Why isn't being enforced for that fence?
Again council could amend the ordinance in the public view if the so chose. What's stopping them?
ADA? They don't even know the laws on their books.
Yes, that's the law, and they do know it...which is why (as Term has so many times referenced) there is a variance granted to allow YVOM the ability to have the fence. Just like Sidewalk Cafe had to have a variance for their sidewalk sign and seating.
This is very very serious!!
11:58 O.K. That begs to ask when, and who issued the conditional use permit? What's the secret? Can you do this without going through zoning, planning, or even council? Why then do others pay to have their issue heard?
I know why the city won't answer it wasn't done properly. WHY!
A sidewalk sign or seating can be easily moved. Not so with that fence. I guess the owners of that fence don't realize the negative reaction of other patrons as well as businesses on Main St.
I would love to hear the conversation of a daughter taking her mother to Bella Donna's and having to run the gauntlet of that fence? They must believe they have the right? Wonder who told them they did?
Will anyone fall on their sword at city hall?
Just by not producing the paperwork seems to me that it wasn't done, or not done properly?
Show me the money! Show me the paperwork!
Never thought of that. If they didn't have to go in front of zoning or planning, I'm going to the next council meeting demanding my money back. The way they do the things they do? Is plain dishonest!
Has the city answered you ? Your questions should be asked by all.
Yes and No. They feel the fence meets all ADA requirements, so I guess send your letter.
On the other questions of who did what and when. Silence. No reply at all.
This is how your city has dealt with issues for over 15 years. silence. If I ask these same questions at a council meeting ,guess what? Silence.
I can only hope that people that have paid for a conditional use permit, or gone infront of zoning or planning ask for their money back.
Until the time more than 5 or 10 people question anything around here expect the status quo.
We need more people asking questions.
If Doug Lewis can't answer simple questions I have asked, sorry he's not doing his job. What will we get SILENCE!
All this high quality professional staff? Is worthless.
If Doug Lewis can't answer simple questions I have asked, sorry he's not doing his job. What will we get SILENCE- I think now that we have a city manager, the assistant should go back to his other job and save the city a few pennies.
5:04 Your right, but Mr. Carson wasn't present when this decision was made.
5:04 A few pennies? HOW about well over 100,000 dollars.
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