By Jordan Studer
CCN Reporter

GALION — A group of concerned citizens addressed Galion City Council on Tuesday evening in hopes of making some changes to better the community.

Homeowners in the Hessenaur Drive and Winchester Road area gathered and voiced their opinions to fight the construction of a group home in their neighborhood. The group home is set to be built at 305 Wildflower Rd., by property owners Residential Home Association of Marion Inc.

The neighborhood members decided to bring their concerns to council in an effort to stop the construction of the group home.

Neighborhood representative Bill Sherron said the majority of the homeowners in that area bought property to build upon with full understanding of the property covenants that came along with them. He explained that one of the covenants states that no businesses are allowed within the neighborhood.

Homeowners near and around the area also are concerned that the construction of a group home will create more heavily traveled roads, making their once private community they chose to live in, less secluded.

Above all, they felt they were kept in the dark regarding the plan for the property.

One citizen present who voiced who directly will be affected by the build was Dennis Rose, whose home is adjacent to the property where the group home is set to be built.

Rose explained that the property had been sold months before plans ever were announced to community members.

He further described that the for sale sign was not taken down after the sale had been closed. Nor had “sold” been displayed upon it, deceiving the community for months on end that the property was still for sale and not going to be built on.

“No one likes surprises,” Rose said.

The homeowners are concerned that they are not adequately being represented by legal counsel and questioned Law Director Tom Palmer, regarding what the city could do for them.

“We don’t know whether we are being properly represented by legal counsel,” Sherron said. “I’m here to ask, is the City of Galion going to represent us as homeowners and taxpayers?”

Although it has been claimed that the property the group home will be constructed upon was zoned as a residential area, the community’s argument is that they still have to file a tax return to the federal government.

Palmer responded by first validating the concerns of the community by saying he has been in serious and direct contact with a multitude of individuals. He explained that an estimated three property owners reached out to talk to him directly.

Throughout the process, Palmer recalled upon the many hours he spent on researching the issue at hand to see what could be done for the community.

Upon investigation, Palmer found that a city ordinance stated group homes such as these are allowed. Under the ordinance, group homes are permitted, and considered as permitted use in any single-family resident zoning district. The ordinance was approved by the City of Galion in December 2009.

Palmer said with further research in regard to the private covenants in Hessenaur with private covenants, “There is an ability to act on them, to enforce them, if there is privity of contract or if one of intended beneficiaries of those restrictive covenants.”

He then explained that he was not able to find any cases any Ohio cities where municipalities had been deemed to be beneficiaries of restrictive covenants in a private neighborhood in Ohio, nor had he found any cities in Ohio who were able to derive legal standing to enforce restrictive covenants in a private agreement, in a private neighborhood.

“If the City of Galion is not deemed by courts to be a party to that restrictive covenant, I don’t have the ability, the city doesn’t have the ability, to move in that regard,” Palmer said.

The community members then questioned if nothing can be done by the city, should they involve the attorney general in effort to halt the construction of the group home. However, it was recommended to not go to the attorney general if they wanted answers quickly.

The suggestion was made for the group of homeowners to seeking advice of a private attorney who specializes in these topics, should they want to validate what they had been told or attempt to take further action.

Despite what he has found, Palmer assured the community members that he is still very open to listening to them throughout this process. He explained that he would be happy to hear if any other opinions or information that would suggest the city has legal standing to aid in this situation.

O’Leary encouraged the group to seek the advice private legal counsel.

“You do have standing, you do have standing,” he said.

Council President Carl Watts, who also is a member of the concerned neighborhood, offered to have a group meeting with concerned residents with the city to explain the stance. However, the neighborhood representatives were not in favor.

The discussion ended with Palmer assuring the community members that he is on the same page as them, to better the community, however, until evidence is found or presented that the city can take further action, the City of Galion can do nothing more.

“You are the ones in the driver’s seat here,” Palmer said. “You are absolutely the ones in the driver’s seat. I wish we were, I really do wish we, but we are not.”

A few other city concerns were brought to the attention of council by citizen Steve Rowan.

Rowan suggested a speed limit reduction on Ohio 61, near the intersection of Ohio 309 by Heritage Baptist Church. Rowan explained how there is a hidden drive, which presents a dangerous area when cars already traveling the road are going 50 miles per hour, the current speed limit there.

Rowan suggested reducing the speed limit to 40 mph, or even 35 mph. Council is planning to look further into this situation to see if a change can be made to make the area safer for drivers.

Another issue Rowan presented was the dumping of trash into the Olentangy River along Cummins Road. Rowan explained how this has been an issue for a while, and despite his several reports of it, the littering has continued.

Rowan suggested to council the possibility of placing a warning sign along the river to prevent individuals from dumping trash there. Council claimed they will investigate and take further action after discussion.