West Lafayette councilman found not guilty of misdemeanor
WEST LAFAYETTE — Although found not guilty of violating village ordinance, Craig Bordenkircher said he's resigning from West Lafayette council and possibly pursuing legal action against the village.
The son of Mayor Stephen Bordenkircher was suspended from council at the Nov. 8 meeting due to violating council rules and village ordinances. He resigned prior to the next meeting for the current term. However, Craig had won re-election for the new term starting Jan. 1.
Craig did not attend the last regular meeting of council and was marked with an unexcused absence. Craig said he didn't want to attend the meeting with a case still pending in Coshocton Municipal Court.
In September, Craig was cited with a minor misdemeanor of having a dilapidated structure on property he owns on East Fourth Street. In question were curling tiles on the west side of a garage roof.
Craig admits the roof might not look the best, but it's not in violation of village ordinance; legislation he helped amend since being first elected to council in 2013. Craig has plans to raze the garage and construct a new one, but hasn't gotten to it yet as he works on improvements to the house on the property.
"I was doing work to my house when I got a letter saying I needed to do this, this and this. I kind of stepped back and went 'what.' There was work being done to the house," Craig said. "I was constantly working on this place to improve it and bring it up ... Anyone who drove by could see there was progress taking place on the property."
Village Solicitor Joel Blue stated while it couldn't be proven structurally unsound or a health or safety hazard, the village was disputing the garage as a nuisance. Judge Tim France asked for Blue and Craig's attorney, Kevin Cox, to provide definitions of a nuisance for him to consider in his ruling.
France found Craig not guilty on Jan. 11, stating the village had not proved beyond a reasonable doubt that the roof was a nuisance. If guilty, Craig could have been fined $150. Mayor Bordenkircher and Blue declined to comment.
"The ordinance was clear. There was nothing hidden by this. They didn't have a case to begin with in my eyes," Craig said. "The money wasn't what this was about. This was about them coming after this with no grounds."
Craig has tendered his resignation from council for the current term. He does plan to attend the next meeting on Jan. 24 as a private citizen. He also said he's discussing with a lawyer possibly filing a civil case against the village related to the incident. In his resignation for the last term, Craig accused council of violating his constitutional rights, as well as rules of council, Ohio Revised Code and Ohio's Open Meetings Act.
"I want to go back to council, but at this time, given the circumstances surrounding everything, given additional issues brought up through this, we've got a constitutional issue with the actions of council in November when I resigned, there's other legal aspects to it, and until we're able to sort those out I don't feel I can go back into that environment," Craig said. "The best course for me is to drop out of the political spectrum. I need to address my life, do what's best for me and my family, and take whatever actions deemed necessary to right the wrong."
Craig is unsure how such a minor issue blew up the way it did or why former Village Administrator Chris Menapace pushed the matter. Menapace left the village in October to become a mobile integrated health captain with Coshocton County Emergency Medical Services. The citation was from Menapace patrolling the village and not from a neighbor complaint.
"Obviously there was some kind of disconnect there. Where, what, why, how, I don't know," Craig said. "This is my community. I love me town. I didn't come back to it to let it waste away. I saw a need 12 years ago and I ran for office and continued to run for office. I've tried to do my part and I think that's the right thing to do."
Craig said he's sorry the situation unfolded the way it did. He originally joined council to help his community. He feels West Lafayette is a close-knit village where neighbors still help neighbors and work together for the betterment of all. That was on perfect display during the massive flooding of June 2019, Craig said.
"We watched that community go through devastation and we also watched it persevere," Craig said of the flooding. "We're the neighborhood where if you need something, you still knock on the door and the neighbors come running."
llhayhur@coshoctontribune.com
@llhayhurst
740-295-3417
This article originally appeared on Coshocton Tribune: West Lafayette councilman found not guilty of misdemeanor
