HomeMy WebLinkAbout11/20/1990
Minutes of
RECORD OF PROCEEDINGS
Dublin City Council Special Meeting
Meeting
DAYTON LEGAL BLANK co. FORM NO. 10148
Held
November 20, 1990
19
Mayor Rozanski called the special meeting of Dublin City Council to order
at 5:00 P.M. on Tuesday, November 20, 1990.
Mrs. King led the Pledge of Allegiance.
Members of Council present were: Mr. Amorose, Mr. Campbell, Mrs. King,
Ms. Maurer, Mayor Rozanski, Mr. Strip and Mr. Sutphen.
Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present.
Mayor Rozanski noted that the purpose of the meeting was to discuss the
proposed boundary adjustments in Dublin/Concord Township for the purpose
of providing uniform fire and emergency medical service to those residents
in that area.
Mr. Smith, Law Director, had the following comments:
1. On this date the Delaware County Commissioners voted 3-0 not to adjus
the boundary lines; the Franklin County Commissioners voted 3-0 to
adjust the boundary lines.
2. Based upon previous personal research, research by the Washington
Township attorneys, research by the Franklin County Prosecutor's
Office and the Attorney General's opinion, believe that the action
of the Delaware County Commissioners is contrary to law.
3. Mr. Duncan Whitney, who was not present at the hearing on this date,
also advised the Delaware County Commissioners that said action was
contrary to law.
4. One of the avenues available to the Dublin City Council is to file
a mandamus action in the State of Ohio Supreme Court to force the
Delaware County Commissioners to do what they should do according to
the law.
5. A mandamus action usually results in a quick answer. The Supreme
Court will either give a direct order to the Delaware County
Commissioners to adjust the boundary line or the Supreme Court will
give no order.
6. Said in his opinion that the City of Dublin has a very good chance of
success, based upon the law.
7. In essence, the Delaware County Commissioners have delayed the
entire process for approximately four to five months, waiting for
the Attorney General's opinion, and yet they further delayed after
the Attorney General's opinion for another 45 days.
Mr. Strip stated that he felt that the Delaware County Commissioners
refused to take a position until after the election, putting themselves
first and their constituency who reside in Dublin, second.
Mr. Strip further said that the matter is not a vendetta, not a capricious
action, not a personal battle between the City and the county commissioner
but is a sincere effort to plan for a city of the future, noting that a
city must have standardized response for fire and emergency.
Noted also that the City has three choices - one to do nothing, a second
being to litigate and a third being to further explore, pursue the
paper township avenue.
Mr. Strip said that he felt that the quickest way would be the mandamus
action.
Ms. Maurer commented that all must recognize that the commissioners, as
well as the Dublin City Council, have acted in what they thought was in
the best interest of their respective communities.
She endorsed the filing of the mandamus action, and suggested continuing
to pursue the concept of a paper township in order to create a unified
fire and emergency level of service throughout Dublin.
Mayor Rozanski commented that this is just another step in a goal expresse
by the Dublin City Council several years ago - that being to supply equal
services to all of Dublin residents for equal cost.
Mrs. King moved to instruct staff to pursue a mandamus action in order to
provide equal fire and emergency medical service for all residents of
Dublin.
Mr. Strip seconded the motion.
Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, ye
Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen,yes.
adjJ~y
Officer
Mayor
Rozanski at 5:15 P.M.
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Clerk of Council