Oct 11, 2021 City Council Meeting

UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE.

THE FLAG AND THE

[00:05:01]

MR. ROGERS, WOULD YOU CALL THE ROLL PLEASE? MR. SHAW HERE, MS. BAKER HERE.

MR. CAMPBELL HERE.

MRS. BERGE.

MR. OTTO HERE.

MR. LYONS, MR. HILL HERE.

MR. WEBB HERE, HERE

[5. Approval Of Minutes]

AND ACCEPT.

THAT'S OUR NUMBER FIVE, WHICH IS APPROVAL OF MINUTES.

ITEM FIVE, EIGHT, THERE'S ONE SET OF CITY COUNCIL MEETING MINUTES FROM SEPTEMBER 27TH, 2021.

THOSE HAVE BEEN DISTRIBUTED.

IF THERE ARE ANY QUESTIONS OR COMMENTS OR CORRECTIONS, PLEASE LET US KNOW IF NOT, THEY WILL STAND AS APPROVED.

THOSE MINUTES WILL STAND

[ Indigenous Peoples' Day Proclamation Presentation To The Huber Heights Culture And Diversity Citizen Action Commission - Mayor Jeff Gore]

AS APPROVED.

NEXT UP IS THAT NUMBER SIX, MR. ROGERS, ITEM SIX, A INDIGENOUS PEOPLES DAY PROCLAMATION PRESENTATION TO THE HUBER HEIGHTS, CULTURE AND DIVERSITY CITIZENS ACTION COMMISSIONED BY MARRIAGE COURT.

AND IF THE MEMBERS OF THE COMMISSION WOULD LIKE TO JOIN THE MAYOR UP FRONT FOR THE PRESENTATION, HEY, GOOD TO SEE YOU.

SO I KNOW I'M WORKING HARD ON THIS MISSION FOR THIS.

I APPRECIATE YOU BEING HERE.

AND THIS IS THE CITY OF HEBREW HEIGHTS, INDIGENOUS PEOPLES SAY MAYORAL PROCLAMATION.

SO WE'RE AS AN INDIGENOUS PEOPLE SAY IT WAS FIRST PROPOSED IN 1977 BY DELEGATION OF NATIVE NATIONS TO THE INTERNATIONAL COMPLEX ON DISCRIMINATION AGAINST INDIGENOUS POPULATIONS IN THE AMERICAS.

AND WHEREAS THE UNITED STATES ENDORSED THE UNITED NATIONS DECLARATION OF RIGHTS OF INDIGENOUS PEOPLE IN DECEMBER, 2010.

AND WHEREAS ARTICLE 15 OF THE UNITED NATIONS DECLARATION RECOGNIZES THE RIGHT OF INDIGENOUS PEOPLES TO THE DIGNITY AND DIVERSITY OF THEIR CULTURES, TRADITIONS, HISTORIES, AND ASPIRATIONS, WHICH SHALL BE APPROPRIATELY REFLECTED IN EDUCATION AND PUBLIC INFORMATION AND PLACES OF OBLIGATION TO TAKE EFFECTIVE MEASURES IN CONSULTATION AND COOPERATION WITH THE INDIGENOUS PEOPLES CONCERNED TO COMBAT PREJUDICE AND ELIMINATE DISCRIMINATION AND TO PROMOTE TOLERANCE, UNDERSTANDING, AND GOOD RELATIONS AMONG INDIGENOUS PEOPLE AND ALL OTHER SEGMENTS OF SOCIETY.

AND WE'RE AS THE CITY OF HEBREW HEIGHTS WISHES TO RECOGNIZE THE SECOND MONDAY OF OCTOBER AS INDIGENOUS PEOPLES DAY AS AN OPPORTUNITY TO CELEBRATE INDIGENOUS HERITAGE AND RESILIENCE.

AND WHEREAS THE CITY OF HUBER HEIGHTS VALUES THE MANY CONTRIBUTIONS MADE TO THIS COMMUNITY THROUGH INDIGENOUS PEOPLES KNOWLEDGE, LABOR TECHNOLOGY, SCIENCE, PHILOSOPHY ARTS, AND THE DEEP CULTURAL CONTRIBUTIONS THAT HAVE SHAPED THE CHARACTER OF THIS COMMUNITY.

AND WHEREAS THE 2021 INDIGENOUS PEOPLE'S DAY SHALL BE USED TO EXPRESS A COMMITMENT TO THE PROSPERITY AND WELLBEING OF INDIGENOUS PEOPLE THROUGH CITY POLICIES, PRACTICES, ADVOCACY THAT ENSURE OPPORTUNITY FOR COMMUNAL COLLABORATION ON CITY INITIATIVES WHILE HONORING THE NATION'S INDIGENOUS HISTORY AND CONTRIBUTIONS.

NOW, THEREFORE A JET BOARD MAYOR OF THE CITY OF NEIGHBORHOODS DO HEREBY PROCLAIM, OCTOBER 11TH, 2021 IN THE CITY OF DOVER HEIGHTS AS INDIGENOUS PEOPLES DAY AND WITNESS WHEREOF.

I APPEAR TO SET MY HAND AND CAUSED THE SEAL AND CITY RIGHTS TO BE FIXED THIS 11TH DAY OF OCTOBER IN THE YEAR OF OUR LORD 2000, THIS WAS A PROJECT THAT HITS ME.

THAT MEANT A LOT TO ME SINCE THE FOUNDATION OF OUR COMMISSION, THAT WHEN THAT THANK YOU FOR JUST MAKING THIS DAY A MOMENT IN OUR HISTORY OR OUR INDIGENOUS FOLKS IN OUR CITY, IN OUR COMMUNITY WITH THIS.

PROCESS BECAUSE SECTION 4.9 TALKS ABOUT THE CITY AND THE CITY REQUESTING ANNEXATION.

SO NEXT UP IS NUMBER SEVEN, UH, WHICH IS CITIZENS COMMENTS.

AND BEFORE WE GET TO COMMENTS, I THINK THERE'S SOMETHING I WANT TO CLARIFY.

AND THERE'S BEEN LOTS OF DISCUSSION, LOTS OF CIRCULATION OF THIS SECTION 4.9 OF THE DEVELOPER AGREEMENT.

AND THAT SECTION IS ACTUALLY GIVING ME QUITE A BIT OF HEARTBURN, ESPECIALLY OVER THIS

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AND THAT IS, THAT HAS NEVER HAPPENED.

THE CITY HAS NOT REQUESTED ANNEXATION.

AND I, SCOTT, I MEAN, IS THAT TO MY KNOWLEDGE, NO ONE FROM THIS CITY COUNCIL OR CITY STAFF HAS EVER REQUESTED ANNEXATION.

THAT IS CORRECT.

SO JERRY IS THERE.

SO FROM A LEGAL PERSPECTIVE, IS THERE ANYTHING, DO WE, AS A COUNCIL NEED TO WAIT FOR MIAMI COUNTY TO MAKE A DECISION ON THE NSA INDEXATION BEFORE THIS COUNCIL COULD PASS LEGISLATION TO JUST PUT AN END TO THIS ANNEXATION? I DON'T, I DON'T KNOW.

I DON'T KNOW.

I KNOW THAT WE HAVE THE OPPORTUNITY.

THERE WILL BE THE WINDOW UNDER THE ANNEXATION LAWS.

THAT'S WHERE THE CITY EITHER VOTES TO ACCEPT OR REJECT.

UM, BUT I'M NOT SURE BEFOREHAND WHAT EXACTLY THE CITY CAN DO.

W WHEN CAN YOU, WHEN CAN YOU HAVE ANY ANSWER FOR YOU? WHAT CAN YOU FIND THAT OUT? UM, A COUPLE OF DAYS.

SO I THINK WHERE I'M AT WITH THIS, I'D LIKE, AS SOON AS YOU HAVE THE INFORMATION AND I'D LIKE TO SCHEDULE A COUNCIL MEETING WHERE WE CAN PUT THAT LEGISLATION UP HERE TO COUNCIL FOR A VOTE WHERE WE CAN JUST END THE ANNEXATION TELECALL TOGETHER AND JUST PUT A STOP TO IT.

THAT'S THE WISH OF COUNSEL.

I'LL BE GLAD.

WELL, YEAH, I DON'T, I MEAN, I DON'T THINK THAT ANYONE ON COUNCIL IS GOING TO BE CONTRARY TO THAT.

SO IF THERE IS, PLEASE LET ME KNOW.

OTHERWISE I WOULD ASK JERRY TO FIND THAT INFORMATION OUT SO WE CAN HAVE A COUNCIL MEETING SO WE CAN PUT THIS LEGISLATION TO VOTE AND PUT IT INTO IT.

ANY OBJECTIONS TO THAT? OKAY.

THANK YOU, SIR.

NEXT UP, WE HAVE ITEM NUMBER

[7. Citizens Comments]

SEVEN, WHICH ASSISTANCE COMMENTS MR. ROGERS.

UH, FIRST UP WE HAVE, UH, MICHELLE SWANK.

IF YOU PLEASE COME TO THE PODIUM, THANK YOU FROM HEARING FROM ME AND THAT'S EXACTLY WHY I'M AM HERE.

AND, UM, IT DOES CONCERN ME AS A BETHEL CITIZEN FOR THE ANNEXATION.

UM, NOT ONLY FOR THE WHOLE SIMPLE FACT THAT BETHEL WANTS TO SAY SMALL, AND WE WANT TO KEEP WITH OUR HOMETOWN FEEL, BUT, UM, WE'RE OUR OWN ENTITY AND YOU CHANGED MY TALKING POINTS TREMENDOUSLY BY, UM, WANTING TO, UM, NOT GO FORTH WITH AN ANNEXATION.

BUT HOWEVER, WITH THAT BEING SAID, THE THINGS THAT WOULD AFFECT US MORE DEEPLY, IF IT WERE TO PROCEED, WOULD WE HAVE THE LOSS OF THE COMMUNITY, UM, SENSE OF SMALL COMMUNITY, UM, THE MORE TRAFFIC CONGESTION OF ANNEX SEEING AND POSSIBLY BUILDING A LARGE NUMBER OF HOMES ON THAT SAID PROPERTY, UM, AND NOT TO SAY ANYTHING NEGATIVE ABOUT HEBREW HEIGHTS, BUT I'M REALLY CONCERNED ABOUT THE CONGESTION THAT YOU HAVE AT 2 0 2 AND BETWEEN 70 AND YOUR OWN TAYLORSVILLE ROAD IS A HUGE NIGHTMARE IN ITSELF.

AND I DO HAVE CONCERNS ABOUT THAT PUSHING FORWARD.

I DO LIKE TO COME TO HUBER HEIGHTS FOR THINGS.

HOWEVER, I TRY NOT TO GO PAST 70 IF I DON'T HAVE TO, BUT THERE IS A PLAN TO FIX THAT.

SO THAT IS, YEAH, THAT IS GOOD.

I MEAN, I, I LIKED COMING TO CUBA, BUT ALSO LIKE STAYING BETHEL LOCAL, YOU KNOW, UM, IN THE LONG-TERMS FOR KEEPING UP WITH THE ROADS 40, IS IT ALREADY A VERY TRAVELED ROAD? AND THAT PROPERTY WOULD GO DIRECTLY INTO 40 AND WITH HAVING 600 HOMES TIMES TO GOING TO WORK EVERY DAY, COMING BACK AND FORTH, THAT PUTS A HUGE NUMBER, HUGE, MORE NUMBER, A LOT MORE NUMBERS ON 2, 2 40 BACKROADS CREEPING THROUGH MORE TRAFFIC CONGESTION.

MY SECOND POINT IS THE SCHOOLS.

UM, I PERSONALLY FEEL THAT I HAVE TO BETHEL GRADUATES, BUT THEY DID GO TO HUBER AND HUBER SERVED THEM VERY WELL.

UM, BUT WITH THE SCHOOL, THE SCHOOL NOW IS NOT ABLE TO MAKE THE D UM, MEET THE DEMAND THEY DO HAVE, THEY'RE TRYING TO BUILD ANOTHER SCHOOL, BUT THAT'S TO SERVICE THE CHILDREN AND THE NUMBERS THEY HAVE NOW NOT PLANNING FOR ANOTHER 600 CHILDREN COMING INTO THE SCHOOL DISTRICT.

SO THAT WOULD BE A NEGATIVE, UM, POINT AS WELL.

AND, UM, RIGHT NOW THAT'S ALREADY HAS A HIGH STUDENT CHILD RATIO OR CHILD, CHILD TO TEACHER RATIO.

SO THAT'S ANOTHER CONCERN OF MINE.

I DID NOT HAVE CHILDREN, BUT I HAVE CHILDREN SERVING

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IN OUR COUNTRY FOR OUR COUNTRY THAT I HOPE WHEN TIME COMES, THEY'LL BE BACK AND BECOME HUBERT OR FEDERAL RESIDENTS.

AND SO I'M ASKING THAT THE CITY COUNCIL WOULD NOT, UM, TRY TO PURSUE OR SUPPORT ANY ANNEXATION OF THIS PROPERTY, UM, TO HUBER HEIGHTS.

AND, UM, WE DO RESPECT YOUR CITY AND WE LIKE COMING HERE, BUT, UM, WE STILL WANT TO KEEP WITHIN OUR BETHEL AREA.

OKAY, THANK YOU.

WE HAVE WILLIAM FAIR.

THE THIRD.

HI, UM, EXCUSE MY PARENTS.

I DO WORK FOR A LIVING.

UM, I HAVE MIXED EMOTIONS, BUT I AM DEFINITELY OPPOSED.

DO YOU FOLKS ANNEX IN THE PROPERTY? I HAVE GRANDCHILDREN THAT DO GO TO BETHEL SCHOOLS.

THEY ARE BUILDING A NEW SCHOOL AND IT WAS SUPPOSED TO BE K THROUGH FIVE, FROM MY UNDERSTANDING DUE TO THE PRICE INFLATION MATERIALS.

THEY'RE NOW ONLY GOING TO BE ABLE TO SERVE K THROUGH FOUR.

WE'RE ALREADY OVER WELLMED WITH CHILDREN IN THE AREA.

WE DO NOT NEED THIS ANNEXED, MY PROPERTY BUTTS RIGHT UP TO THE PROPERTY.

THAT WOULD BE ANNEXED BY RAISED HOGS AND DECIDED TO WHICH I CAN LEGALLY DO.

YOUR FOLKS ARE GOING TO BE CALLING AND SAYING, HEY, WHAT ABOUT THIS SMELL? GRANTED, THEY'RE ALREADY DOING THIS WITH THE BOWMAN LANDIS.

I MOVED OUT OF HUBER HEIGHTS TO PARK LANE.

WELL, I LEFT PARK LANE TO MOVE TO A RURAL AREA.

NOW I DON'T WANT TO BE STARING AT BACK DOORS IN THE HOUSES.

I DON'T WANT TO SEE KIDS IN MY WOODS.

I DON'T WANT LITTLE JOHNNY GOING TO JAIL FOR ME CALLING BECAUSE HE'S TRESPASSING FOR THE THIRD OR FOURTH TIME.

THIS WOULD BE A BAD SITUATION.

I HAVE A NEIGHBOR THAT HE WORKS FOR A LIVING AS WELL.

HE COULD NOT MAKE IT TONIGHT.

AND HE WOULD BE IN THE SAME BOAT THAT I AM AT.

I OPPOSE IT.

PLEASE DO NOT EXCELLENCE PROPERTY.

AND YES, THE TRAFFIC SITUATION ON TWO, A ONE AND 2 0 2 COMPLETELY STINK.

THAT'LL TOWNSHIP TRUSTEE.

WE HAVE BETH VAN HAREN.

HI, I AM BETH VAN HAREN AND I HERE TWO WEEKS AGO.

I'M STILL A BETHEL TOWNSHIP RESIDENT.

AND I STILL WANT TO TALK TO YOU ABOUT ANNEXATION, KUDOS TO YOU FOR BRINGING YOUR WILLINGNESS TO AT LEAST DISCUSS TAKING IT OFF THE TABLE.

THAT WOULD BE GREAT.

UM, LAST MEETING SEPTEMBER 27TH, I THINK MAYOR GORE, I THINK YOU ASKED YOUR COUNCIL MEMBERS, IF ANY OF YOU KNEW ABOUT THIS QUOTE AHEAD OF TIME, SOME OF YOU SAID NOTHING.

SOME OF YOU SHOOK YOUR HEADS.

THEN I WENT BACK INTO YOUR MEETING MINUTES AND ON SEPTEMBER 7TH, YOU PASS THE FIRST PRE ANNEXATION AGREEMENT TO DEAL WITH THIS ANNEXATION.

THEN ON SEPTEMBER 13TH, YOU WERE READY TO GO WITH THE, UM, SERVICES RENDERED AGREEMENTS OF AN ANNEXATION.

SO EVIDENTLY WE HAVE DIFFERENCES OF OPINION OF WHAT'S AHEAD OF TIME.

WE CAN LEAVE THAT FOR A LATER DATE.

BUT TO ME, WE WERE SERVED THE POSITION ON SEPTEMBER 13TH, THAT WAS US AND MIAMI COUNTY COMMISSIONERS.

WE HAD NO KNOWLEDGE OF THE PETITION.

WE DID HAVE KNOWLEDGE THAT THE ANNEXATION WAS GOING TO EVENTUALLY OCCUR.

AND AS I THINK WE SHARED WITH YOU ALL THE EMAIL LAST TIME, LAST SUMMER IN JULY, I DID HAVE A CONVERSATION WITH, UM, BRIAN, SORRY, MATT LINDSAY FROM MIAMI VALLEY, REGIONAL PLANNING COMMISSIONER, THE GUY FROM TRI-CITIES WASTEWATER CAN CONWAY YOUR, UH, CITY MANAGER AT THE TIME, ROB SHOMER.

SO SOME PEOPLE IN YOUR STAFF WERE DEFINITELY AWARE OF THOSE PARCELS THAT THE POTENTIAL FOR ANNEXATION OCCURRED AND WERE ALREADY UNDER OPTION FROM HEIGHTS, LLC, WHICH IS AN EXTENSION OF DEC.

SO, UM, ALSO, UM, AND THOSE MEETING MINUTES OF SEPTEMBER 7TH, AND I'M GOING TO READ THIS PART.

SO I GET IT STRAIGHT, THE MEETING MINUTES, YOUR MEETING MINUTES SAY, UM, THE CITY COUNCIL ALSO REQUESTED THAT THE CLERK OF COUNCIL ATTEMPT TO SCHEDULE A JOINT MEETING WITH THE CITY COUNCIL, THE BETHEL TOWNSHIP SCHOOL BOARD, THE BETHEL TOWNSHIP TRUSTEES, AND THE MIAMI COUNTY COMMISSIONERS TO DISCUSS THE PROPOSED ANNEXATION IN THE NEAR FUTURE.

AND AGAIN, GREAT USE OF THE VAGUE PHRASE NEAR FUTURE.

IT'S BEEN FIVE WEEKS STILL, NO MEETING DATE SET, TO BE FAIR.

MR. ROGERS, YOU DID SEND AN EMAIL

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ON SEPTEMBER 15TH ASKING THE ABOVE PARTIES THAT I JUST MENTIONED TO AN EMAIL MEETING.

AND THEN ON THE 27TH OF SEPTEMBER, YOU RESCINDED THAT INVITATION.

SO WE BACK TO MY ORIGINAL POINT, LET'S MEET, LET'S TALK.

LET'S, LET'S DISCUSS THIS.

WE WOULD LOVE TO NOT SEE THIS ANNEXATION GO THROUGH IF IT DOES, AND ADD SIX TO 900 UNITS, WHICH IS WHAT MR. KESSLER TOLD ME LAST SUMMER, IT ADDS 0.5 KIDS, 0.6 KIDS PER UNIT TO OUR SCHOOLS.

THAT'S 400 TO 800 CHILDREN, DEPENDING ON HOW YOU DO THE MATH.

I GUESS THAT WOULD NOT BE GOOD THAT OUR SCHOOLS ARE THE SELLING POINT FOR CARRIAGE TRAILS AND FOR PARKTOWN.

AND THEY'RE ALSO THE SELLING POINT FOR ALL OF US WHO ARE HERE, GREAT SCHOOLS, GREAT COMMUNITY.

I SAID LAST TIME WE WANT TO KEEP THAT THERE LAST WEEK ALSO, MR. PREM WAS HERE TWO WEEKS AGO FROM THE DAYTON, UM, MONTGOMERY COUNTY DAYTON MEDIATION CENTER.

I CALLED HIM UP, GUESS WHAT? HE'LL MEET WITH US.

HE'S HAPPY TO SIT DOWN AND RESOLVE THIS CONFLICT.

SO LET'S DO IT LOOKING FORWARD TO MEETING WITH YOU, TALKING WITH YOU.

AND WE'D REALLY, WE STILL DEFINITELY WHOLEHEARTEDLY OPPOSED THIS ANNEXATION.

GREAT SCHOOLS, GREAT COMMUNITIES.

SO JUST TO BE CLEAR, IF WE PASS LEGISLATION AT A COUNCIL MEETING THAT PUTS IT INTO IT, IS THERE STILL A REASON TO, TO MEET THAT? UM, DO YOU KNOW WHAT I WOULD DEFINITELY LIKE TO MEET WITH YOU GUYS? BECAUSE WE WOULD LIKE FOR A MORATORIUM, ALL FUTURE ANNEXATIONS, YOU COULD GO SOUTH EAST, WEST JUST DON'T COME NORTH.

WE LIKE BESSEL TOWNSHIP THE WAY IT IS.

AND LIKE, I THINK THE OTHER GENTLEMEN SAID WE HAVE NOTHING AGAINST YOU, HEIGHTS.

WE ALL SHOP THERE.

WE HELP YOUR TAX BASE IMMENSELY BY ERIE GOING TO TARGET AND MEIJER AND KROGER AND WALMART.

IT'S GREAT.

WE JUST DON'T WANT TO BE YOU IN TERMS OF HOUSING DENSITY.

SO WE'D STILL, I THINK, LIKE TO MEET WITH ALL THE ENTITIES ABOVE TO DISCUSS NOT ONLY THIS ANNEXATION BEING THE END OF IT, BUT FUTURE ANNEXATIONS, ALSO PUTTING A MORATORIUM ON THEM FOR PRETEND 20, 50, A HUNDRED YEARS.

THAT'D BE GREAT.

WE LOVE IT.

YOU GUYS WOULD LOVE IT.

WE COULD EACH HAVE THAT AND WE'D STILL SHOP IN HEBREW HEIGHTS.

NEXT UP.

WE HAVE KERRY PEO GOOD EVENING, UH, AFTER MISS HARRY, WILLIAM AND MICHELLE, I THINK YOU GUYS COVERED MOST OF IT.

UM, I WOULD LIKE TO SAY THAT I DEFINITELY DO OPPOSE THE ANNEXATION.

UM, 10 YEARS AGO, WHENEVER I MOVED HERE, UH, GOT STATIONED HERE.

I CHOSE WHERE I LIVE BECAUSE I WANTED TO LIVE OUT IN THE COUNTRY, YOU KNOW, THAT, AND YOU KNOW, I LIVE RIGHT NEXT TO, UH, CHRIS AND RAY HERRING'S PLACE OR HERON'S PLACE.

UM, AND YEAH, I MEAN, I, I WANT TO BE ABLE TO KEEP, UH, BETHEL THE WAY IT IS, YOU KNOW, THE SAME KIND OF COUNTRY FIELD.

UM, SO THAT'S ALL I'VE GOT.

AND LAST TIME WE HAVE MICHELLE CALL.

FUCK.

I LOOK KIND OF LOOK LIKE APPS.

THAT'S MY DOCTOR HANDWRITING, TRYING TO INTERPRET THEM AGAIN.

UM, ALSO WITH MY NEIGHBORS BEHIND ME, JUST TO STRONGLY OPPOSE THE ANNEXATION, I HAVE A CORNER OF THE PROPERTY THAT'S RIGHT NEXT TO MY NEIGHBORS BACK HERE.

AND WE LIKE OUR LITTLE PIECE OF HEAVEN ON EARTH, RIGHT? THERE ARE KIDS RUNNING UP AND DOWN THE STREET.

WE KNOW WHO'S COMING AND GOING AND NOT HAVING SMELL WHAT EVERYBODY'S HAVING FOR DINNER.

SO WE JUST WANT TO KEEP OUR TOWN SMALL.

I, THE TRAFFIC IN HUBER, I COME HERE EVERY DAY ANYWAY, EVEN THOUGH PROBABLY AT LEAST ONCE A MONTH, I'M ALMOST IN A HEAD ON COLLISION, YOU KNOW, UH, FROM THE ENTRANCE SECURES TRAILS.

AND I KNOW YOU GUYS ARE TRYING TO FIX THAT OR WHATEVER, BUT IT'S, IT'S JUST GETTING DIFFICULT OUT HERE WITH THE AMOUNT OF TRAFFIC THAT WE'RE STILL SEEING.

SO, BUT I'M STILL IN HUBRIS SHOPPING EVERY SINGLE DAY, DOING MY LAPS AROUND THE PARK.

SO THANK YOU FOR HAVING THOSE.

AND I SAID, JUST PLEASE CONSIDER US LITTLE PEOPLE WHEN YOU'RE TRYING TO BUILD ANYWHERE.

THANKS.

TO, TO, UH, WITH RECOMMENDATION LETTERS GOING DIRECTLY TO MIAMI COUNTY COMMISSIONERS.

SO, UM, MY ONLY LAST QUESTION WOULD BE SHARING.

SO WHEN YOU, UM, AS SOON AS YOU CAN FIND OUT, IF, IF WE ARE UNDER ANY TYPE OF STATUTORY THINGS TO WAIT FOR MIAMI COUNTY TO RENDER A DECISION, AS SOON AS WE KNOW THAT INFORMATION, IF YOU'LL LET, UH, TONY AND MYSELF KNOW, THEN WE'LL GET A COUNCIL MEETING SCHEDULED AND WE'LL, WE'LL DEAL WITH THAT.

RICHARD, THANK YOU MIRROR.

UM, WITH THE INFORMATION THAT'S BEEN PROVIDED HERE TONIGHT, AND WITHOUT ANY PRIOR KNOWLEDGE, I WOULD ASK COUNCIL TO RESEND TONIGHT'S AGENDA TO ADD AN ITEM 11 C TO RESEND THE SERVICE AGREEMENT LETTER PASSING SEPTEMBER 13TH IN ACCORDANCE WITH ORC 7 0 9 0.02, THREE, AND A VOTE SIX

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AND THAT IS EMOTION.

SO JERRY, IS THERE ANY LEGALITIES SINCE THAT THIS IS NOT THE, THE MEETING DIRECTLY AFTER THAT HAPPENED TO RESCIND? UH, WELL, WE'RE NOT ASKING FOR, UM, A MOTION TO RECONSIDER.

THIS IS A MOTION TO RESCIND AN ORDINANCE.

UM, ACTUALLY A MOTION TO AMEND THE AGENDA TO DEATH.

IS THERE A SECOND? SO THERE SHOULD BE A SECOND BEFORE WE HAVE A DISCUSSION ON WHETHER TO PROCEED WITH THE MOTION.

MR. ROB, I'D BE HAPPY TO, SO THE MOTION ON THE SECOND, SO THEN DISCUSSION.

SO JERRY IS THAT I DIDN'T EVEN GIVE ME TIME TO OPEN UP THE CODE.

UM, BOY, I JUST MAKE SURE YOU'RE DOING THE RIGHT ORDER.

I MEAN, OFF THE TOP OF MY HEAD, I THINK WHEN WE HAVE COUNCIL ACTION, THAT'S TAKEN BY RESOLUTION.

WE HAVE THE ABILITY TO, UM, REPEAL RESOLUTION.

UM, GENERALLY SPEAKING, I DON'T KNOW THE INS AND OUTS OF THAT.

UM, I ALSO DON'T KNOW IF THERE IS ANY, IF WE DO REPEAL THIS, IF THAT HAS, I CAN'T TELL YOU NOW, IF THAT HAS ANY LEGAL EFFECT WITH RESPECT TO WHAT MIAMI COUNTY IS DOING.

I MEAN, IT SEEMS LIKE IT WOULD, BUT WE HAVE THE CERTAIN TIMEFRAME TO GET IT TO THE COUNTY FOR CONSIDERATION.

SO, I MEAN, THERE'S MORE QUESTIONS THAN ANSWERS, BUT IN GENERAL, WHETHER OR NOT WE COULD RESEND THIS, I, I THINK WE, I'M JUST NOT SURE.

OH, HOLD ON ONE SECOND.

HOLD ON ONE SECOND.

SO WOULD IT, WOULD IT BE SAFE TO JUST SAY IF YOU FIND THAT INFORMATION OUT DIRECTLY, WHAT IMPACT THAT HAS OR ANY LEGALITIES AS WITH THIS COUNCIL TO WHERE, WHEN WE HAVE THE, UM, THE COUNCIL MEETING TO PASS LEGISLATION TO END THE ANNEXATION, THAT IF THAT WAS ENGINE NEEDS TO HAPPEN, THAT WE COULD DO IT THEN? YEAH, ACTUALLY THAT WAS MY, MY FIRST THOUGHT WITH AS WOULD THAT BE THE WAY TO DO IT? AND THEN I WAS ACTUALLY LOOKING AT THE ANNEXATION LAWS RIGHT NOW, TRYING TO GET TO JUMP ON IT, BUT I DON'T KNOW FOR A FACT, BUT, UM, THAT MIGHT VERY WELL BE A WAY THAT WE COULD DO IT.

YOU'VE ASKED FOR THE WAYS TO FIND OUT HOW WE CAN STOP IT.

UM, I WOULD, I HAVE, UH, NO PROBLEM WITH RE RESENDING IT AT THE PROPER TIME, BUT I WOULD, UH, VERY MUCH LIKE JERRY TO COME BACK WITH HIS, UH, LIST OF ANSWERS, UM, THAT WE'VE REQUESTED BEFORE WE TAKE ANY ACTION.

I HAVE RESOLUTION FROM 9 13 21, AND THEN I HAVE THE PRE ANNEXATION AGREEMENT FROM NINE SEVEN.

SO MR. ROGERS SAID, WE WOULD NEED A RESOLUTION RESENDING THE STATEMENT OF SERVICES.

SO THAT WOULD GIVE US TIME TO PREPARE THE RESOLUTION.

SO, I MEAN, YES, YES.

COME, COME TO THE VOLUME.

I HAVEN'T BEEN RETIRING VICE CODE.

IT SAYS TOWNSHIP OR MUNICIPALITY CONSENTS OR OBJECTS WITHIN 25 DAYS AFTER THE DATE THAT THE PETITION IS FILED, THE MUNICIPALITY TO WHICH ANNEXATION IS PROPOSED.

YOU GUYS, AND EACH TOWNSHIP WITH LAND, INCLUDING THE PROPOSED ANNEXATION MAY ADOPT AN ORDINANCE OR RESOLUTION CONSENTING OR OBJECTING TO THE PROPOSED ANNEXATION.

WE BETHEL TOWNSHIP DID THAT.

UM, YOU HAVE NOT CONSENTED TO IT YET, EXCEPT FOR THAT.

YOU'VE ALREADY FILED TWO PRE-INTEGRATION AGREEMENTS AND PARTITION OF SERVICES.

SO MAYBE YOU HAVE MORE TIME TO FILE.

YOU KEEP SAYING WE FILED TWO THINGS.

I'M TRYING TO FIND OUT THAT THERE'S A PRE ANNEXATION AGREEMENT.

THAT'S A WORD, I DON'T KNOW.

LET ME SHOW YOU YOUR, I GOT IT FROM YOUR MEETING MINUTES SO I CAN GIVE THAT TO YOU AFTER THIS.

I THINK THE ONLY THING THAT WE PASS WAS THE STATEMENT OF SERVICES THAT SAID THE PROPERTY WAS ANNEXED.

WE HAVE THE ABILITY TO PROVIDE SERVICES THAT, THAT IN NO WAY, SHAPE OR FORM, I THINK WE EVEN ADDED IS THIS.

I THINK I WANTED TO MAKE SURE DURING THAT MEETING THAT THIS IN NO WAY, SHAPE OR FORM COMMITTED US TO EIGHT, ANY FURTHER ACTION.

SO TYPE TWO, UM, EXPEDITED ANNEXATION PETITION, AS YOU VERY WELL KNOW, I'M NOT TELLING YOU ANYTHING YOU DON'T KNOW IS, IS HAS SEVEN STEPS.

IF ALL THOSE SEVEN STEPS ARE MET, BOOM, BOOM, BOOM, BOOM.

THEN THE MIAMI, THE COUNTY HAD CANNOT OPPOSE IT.

THEY CAN ONLY OPPOSE A TYPE TWO EXPEDITED ANNEXATION ON ONE OF THOSE SEVEN STEPS MISSING.

AND YOU, WHEN YOU FILLED OUT YOUR AGREEMENT OF SERVICES THAT PROVIDED STEPS FIVE, OR SORRY, PROVIDED STEPS SIX AND SEVEN.

SO EVEN THOUGH YOU DIDN'T KNOW WHAT YOU WERE PASSING, YOU ACTUALLY FINISHED THE SLAM DUNK ON THE ANNEXATION BECAUSE I CAN GIVE YOU THIS SO THAT YOU DON'T HAVE TO LOOK IT UP YOURSELF.

UM, BUT

[00:30:01]

AND I HAVE THE RESOLUTION ALSO FROM NINE SEVEN.

AGAIN, I GOT IT FROM YOUR WEBSITE.

SO, UM, YEAH, THIS WAS NOT APPROVED.

IT WAS NOT EVEN ACTED ON.

UNFORTUNATELY, RICHARD, THANK YOU, JERRY.

SO, SO, SO TONY'S CLARIFYING.

SO THE FIRST MEETING WAS THE WORK SESSION WHERE SCOTT JUST PROVIDED THAT PRE ANNEXATION AGREEMENT AS PART OF THE BACKGROUND INFORMATION THAT WAS IN THAT WORK SESSION PACKET.

AND ON THE FOLLOWING MEETING WAS THE ACTUAL COUNCIL MEETING WHERE, UH, ALL IT WAS ON WAS THE RESOLUTION THAT WE COULD AGREE, UM, TO HANDLE THE SERVICES IF IN FACT THE PROPERTY WAS ANNEXED.

SO THAT THOSE WERE THE, THOSE WERE THE TWO THINGS THERE.

SO I THINK, I THINK WHERE WE'RE AT NOW IS I WOULD, NO, I THINK WE'VE PRETTY MUCH, NO ONE HAS OBJECTED.

I MEAN, I CAN'T ASK HOW ANYBODY'S GOING TO VOTE.

I MEAN, THAT'S COMPLETELY ILLEGAL.

HOWEVER, NOBODY HAS OBJECTED TO ANYTHING THAT I'VE SAID HERE THIS EVENING.

SO I DON'T IMAGINE THAT THERE'S GOING TO BE ANY ISSUES, BUT I THINK JUST FROM THE LEGALITIES IN THE PROCESS, IF OUR LEGAL ATTORNEY SAYS, YOU KNOW WHAT, I'D RATHER WAIT UNTIL I'VE HAD AN OPPORTUNITY TO LOOK AT THIS AND RESEARCH THIS, THEN RESEND THAT, UM, STATEMENT OF SERVICES ALONG WITH ANOTHER RESOLUTION THAT, UH, DENIES OR PUTS IT INTO THE ANNEXATION.

UH, VERY SOON AS SOON AS HE CAN GET THE INFORMATION WE WILL HOLD, UH, THE COUNCIL MEANS TO, TO, TO, TO BRING THAT LEGISLATION FORWARD, THAT THERE IS THE PROVISION SHE'S RIGHT, WHERE WITHIN 25 DAYS WE CAN FILE TO SAY WE OBJECT, BUT THAT 25 DAYS HAS PASSED.

SO WHERE DID I JUST FIND IT HERE? IT SAYS WITHIN 25 DAYS, SO 25 DAYS.

AND SO THAT WAS ONE OF THE FIRST THINGS I LOOKED AT THERE'S 28 DAY.

SO THAT'S NOT THE OPTION JUST SIMPLY FILING THAT IF THAT WERE TRUE, THEN I WOULD SAY WITH, UH, MR. SHAW, THAT WE WOULD HAVE TO TAKE IMMEDIATE ACTION IF WE WERE STILL HAD THE TIME TO DO THAT, BUT, UM, THAT'S COME AND GONE.

THE, UH, FROM MY INFORMATION, UH, THE MIAMI COUNTY COMMISSIONERS ARE SET TO MEET ON THE 26TH, UM, TO, TO VOTE ON THIS.

THIS MATTER, IF THE INFORMATION YOU PROVIDED IS THE CITY HAS MISSED THE 25 DAYS TO OPPOSE OR TO APPROVE, THEN ESSENTIALLY, ACCORDING TO WHAT YOU SAID IN YOUR RESEARCH AS FAR, THERE'S NO ACTION THAT WE CAN TAKE THERE IS BECAUSE ASSUMING MIAMI COUNTY APPROVES IT AND YES, STATUTORILY SPEAKING, THEY'RE SUPPOSED TO, BUT I HAVEN'T BEEN INVOLVED IN MANY IN ANNEXATION WHERE THE COUNTY COMMISSIONERS JUST SAID, NO, SUE ME.

AND SO THERE'S NO GUARANTEE OF MIAMI COUNTY IS GOING TO DO THAT, BUT IF THEY DO PASS IT, THEN THERE'S CERTAIN WAITING PERIODS.

I DON'T KNOW, OFF THE TOP OF MY HEAD, BUT IT COMES BACK TO THE CITY.

AND THEN THE CITY HAS AN OPPORTUNITY TO EITHER ACCEPT OR REJECT THE ANNEXATION.

AND IF THE CITY DOES NOTHING AFTER 120 DAYS, IT'S DEEMED REJECTED.

BUT IN THIS CASE WE WOULD DEFINITELY DO SOMETHING WITHIN THAT TIME PERIOD TO FORMALLY REJECTED.

SO JERRY, IF I, IF I MAY, ON SEPTEMBER 13TH, HAD WE NOT APPROVED THE SERVICE AGREEMENT THAT WAS PASSED SIX TO TWO, UM, WE WOULDN'T EVEN BE HAVING THIS CONVERSATION.

AM I CORRECT? NOT NECESSARILY.

IT ALL COMES DOWN TO THE CITY'S REAL AUTHORITY ON THIS IS UNDER SEVEN HUNDRED AND NINE OH FOUR.

UM, THERE ARE SOME CASE LAW OUT THERE BECAUSE THE, THE ANNEXATION LAWS, ESPECIALLY WITH THE TYPE TWO ANNEXATIONS HAVE BEEN PRETTY LITIGATED.

AND THERE IS LOT OF AMBIGUITY DEALING WITH THE STATEMENT OF SERVICES AS IF IT'S REQUIRED OR NOT.

AND THERE HAS BEEN SOME CASES OUT THERE WHERE A S A CITY SPECIFICALLY SAID THEY WERE NOT GOING TO PROVIDE THE SERVICES AND THE COUNTY, OR THE COURT STILL FOUND THAT THE ANNEXATION WAS STILL PROPER.

NOW, I CAN'T REMEMBER THE DETAILS OF THAT.

I JUST REMEMBER THAT CASE IN THE BACK OF MY HEAD.

SO I DO KNOW THAT THERE'S, AND THAT IS ONE OF THE REASONS I SAID, I'M NOT SURE WHAT HAPPENS IF WE RESCIND THAT STATEMENT.

I'D HAVE TO LOOK AT THAT.

BUT THERE IS SOME STRANGE CASE LAW OUT THERE WITH EXACTLY WHAT THAT STATEMENT MEANS IN THE SCHEME OF THINGS, BECAUSE OF THE CITY SAYS, I'M NOT GOING TO PROVIDE THE SERVICES, BUT THEN LATER VOTES TO ANNEX THAT THEY CAN STILL ANNEX IT, BUT JUST NOT PROVIDE THE SERVICES BECAUSE THE TOWNSHIP IT'S STILL, IT'S STILL WITHIN THE CITY AND THE TOWNSHIP UNDER A TYPE TWO ANNEXATION.

SO IN THEORY, THE TOWNSHIP COULD PROVIDE THE SERVICES OR THESE PEOPLE COULD BE ON WELL AND SEPTIC AND NOT HAVE THOSE SERVICES.

SO THERE'S NOT NECESSARILY A CORRELATION BETWEEN THAT, HAVING THAT DOCUMENT AND REJECTING AND ACCEPTING THE ANNEXATION.

[00:35:01]

AND THAT'S WHEN IT COMES TO THE CITY FOR THE FINAL ACTION EXCEPT OR REJECT.

NOW, THERE MAY BE MORE, THAT'S WHAT I'M GOING TO BE LOOKING AT.

THAT'S ALL I'D LIKE TO KNOW IS IF WE CAN, UM, IF WE DON'T HAVE TO WAIT FOR THE COUNTY, IF WE COULD PASS LEGISLATION IN INDIANA EXTRACTION PROCESS, IS THERE EVEN A NEED TO RESEND THE STATEMENT OF SERVICES? IF THE LEGISLATURE, THE NEW LEGISLATION JUST STOPS IT? UM, I THINK I'M A BELT AND SUSPENDER TYPE OF GUY.

I WOULD SAY, IF YOU DON'T WANT IT, DO EVERYTHING YOU CAN TO MAKE SURE IN CASE SOMETHING MISSES, YOU STILL HAVE ANOTHER SHOT AT GETTING IT SOMEWHERE ELSE.

SO WE MAY VERY WELL RECENTLY, I DON'T KNOW RIGHT NOW, BUT I WILL KNOW PRETTY SOON.

YES, CAMERON, UH, JERRY, IN LIGHT OF WHAT THE MAYOR HAS ASKED US TO DO ATTEND A MEETING THAT HE CALLS AFTER YOU'VE COMPLETED YOUR RESEARCH, WHAT WOULD YOU RECOMMEND OUR VOTE TONIGHT? BE WHAT'S ON THE TABLE.

OH, YOU MEAN ON THE RESCINDING? YES.

I'M JUST NOT SURE IF THE LEGAL EFFECT AND SO I DON'T KNOW WHY WE WOULD WANT TO PASS SOMETHING AND THEN MAYBE THAT JUST MUDDY UP THE WATER INSTEAD OF JUST GETTING IT RIGHT THE FIRST TIME.

AND JUST TO CLARIFY, UM, WHAT TIMEFRAME ARE YOU HOPING TO GET BACK TO THE MAYOR? SO HE COULD SCHEDULE A SPECIAL MEETING THURSDAY OR FRIDAY.

IT WAS BASED ON WHAT I KNOW OF MY SCHEDULE RIGHT NOW.

I NEED REPLACEMENT WITH THAT BEING SAID, IS THIS THE TYPE OF MEETING THAT, UM, YOU WOULD, AFTER YOU HAVE YOUR MEETING THAT YOU WOULD IMMEDIATELY BECAUSE WE ARE NEIGHBORS BETHEL AND HE WERE THAT YOU WOULD IMMEDIATELY GET WITH THE TOWNSHIP AND LET THEM KNOW WHAT, HOW YOU INTEND TO PROCEED FORWARD.

I'M SURE.

I MEAN, I THINK WE CAN HAVE THAT COMMUNICATION, BUT I WOULD IMAGINE MEMBERS OF THE TOWNSHIP WOULD BE HERE, UM, FOR THAT VOTE.

I MEAN, THERE'LL BE AN OPEN PUBLIC MEETING.

ABSOLUTELY.

OKAY, GREAT.

SAME, SAME, SAME AS THIS EVENING.

AND SO WE'RE LOOKING AT A VERY SHORT TIMEFRAME.

MR. MCDONALD SAYS HE CAN HAVE INFORMATION HE'S OPEN BY THURSDAY OR FRIDAY.

AND WITH THAT BEING SAID, YOU, I JUST WANT TO UNDERSTAND THE DIFFERENCE BETWEEN REJECTING IT OR REPEALING IT.

SO IF NOW, IF YOU TAKE STEPS NOW AND YOU'RE ABLE TO RE RESEND, SORRY, RE SIN, YOU'RE ABLE TO RESEND YOUR INTEREST THEN, UM, HOPEFULLY THAT WOULD TAKE CARE OF THE ISSUE, BUT EVENTUALLY IF WE CANNOT TAKE CARE OF IT ALONG THE WAY, THEN ULTIMATELY YOU SAID YOU POSSIBLY HAVE THE OPPORTUNITY TO REJECT LATER ON DOWN THE LINE.

SINCE NOBODY HAS OBJECTED THIS EVENING, MY RECOMMENDATION IS TO REPAIR LEGISLATION THAT STOPS THE ANNEXATION, WHICH WOULD BE AN OFFICIAL ORDINANCE, CORRECT.

OR RESOLUTION, IF WE CAN'T.

AND THAT'S OUR RECOMMENDATION.

I MEAN, YES, I AM CHARGED WITH FINDING OUT HOW WE CAN LEGALLY STOP THIS AND NOBODY'S OBJECTED THAT.

SO AT THAT MEETING, THAT IS, I JUST WANT TO SAY THAT I APPRECIATE YOU LOOKING INTO THIS SO DEEPLY AND TRYING TO CONTINUE TO BE GOOD NEIGHBORS WITH THEM.

WELL, WE WANT TO BE GOOD NEIGHBORS.

I THINK THERE WAS LOTS OF CONFUSION.

I MEAN, I'VE, I MEAN, I'VE BEEN EMAILED AND CALLED AND, AND YELLED AT.

AND, AND THE, BECAUSE PEOPLE THINK THAT THE CITY DID THIS RIGHT, AND THE CITY DIDN'T DO THIS, THE CITY DIDN'T REQUEST THIS.

SO THAT'S, I WANT TO MAKE THAT VERY CLEAR TO EVERYBODY AGAIN, SEE, DID NOT REQUEST ANNEXATION AND THE LANGUAGE IN SECTION 4.9, THE DEVELOPER AGREEMENT HAS BEEN FRUSTRATING ME FOR QUITE SOME TIME AND I'VE HAD THAT DISCUSSION WITH THE LAW DIRECTOR.

SO, SO THE FACT THAT THE WAY THE, THE SECTION 4.9 READS AND THE DEVELOPER APPEARS TO HAVE DONE THAT BACKWARDS FROM WHAT THE DEVELOPER HIM, IT SAYS THAT GIVES ME HEARTBURN AND, AND, AND MY RECOMMENDATION THAT NOBODY UP HERE IS OBJECTED TO, IS TO STOP THE ANNEXATION.

GREAT.

SO AS SOON AS WE HAVE THE INFORMATION FROM THE LAW DIRECTOR, THAT IS HOW I PLAN ON MOVING FORWARD.

AND, YOU KNOW, I APPRECIATE THAT.

AND I'M NOT ACCOUNT TRUSTEE.

I'M JUST A COMMON CITIZEN OF IN BETHEL, BUT, UM, I'M SURE THE TOWNSHIP WILL CERTAINLY BE WORKING WITH YOU AND HOPEFULLY YOU GUYS WILL TAKE EVERY OPPORTUNITY TO STOP IT.

AND IT SOUNDS LIKE THERE'S GOING TO BE SEVERAL OPPORTUNITIES TO POSSIBLY STOP THIS.

AND NOT HAVE A CHANGE IN THE LAST MINUTE AGENDA.

UH, RICHARD, BASED ON WHAT I'M CURIOUS, SAID, YOU RESEND YOUR MOTION OR HOW DO YOU STILL WANT TO, I WOULD STILL LIKE A VOTE ON THE MOTION, SIR.

I WOULD LIKE TIME TO LIKE, LET THE LAW DIRECTOR DO HIS RESEARCH, GET SOME ANSWERS AND THEN PROCEED WITH MEETINGS

[00:40:01]

THAT'S NOT TRANSPARENCY.

SO THERE'S A MOTION ON THE SECOND.

UM, IF THERE'S NO DISCUSSION, WE'LL HAVE TONY THE ROLL ON ADDING THE AGENDA ITEM.

SO IF, UH, I GUESS I WANT TO MUDDY THESE WATERS, BUT, UM, A YES.

VOTE WOULD BE TO AMEND THE AGENDA AND RESEND THAT PIECE THIS EVENING, A NO VOTE WOULD BE TO NOT AMEND THE AGENDA AND WAIT FOR JERRY TO COME BACK WITH HIS LEGAL OPINION ON HOW TO MOVE FORWARD.

SO MR. ROGERS WAS CALLED MS. BAKER.

SO THE MOTION FAILS FIVE TO THREE.

UH, AT THAT POINT WE WILL WAIT FOR MR. MCDONALD TO GET THE INFORMATION BACK TO ME IN THE NEXT COUPLE OF DAYS.

AND WE WILL SCHEDULE, UH, WE WILL SCHEDULE A COUNCIL MEETING PRIOR TO THE NEXT REGULARLY SCHEDULED MEETING, AND WE WILL DRESS THE LEGISLATION THEN.

YES, I JUST WANTED TO REAL QUICK, I WANTED TO SPEAK TO MS. VAN HEROIN'S, UH, COMMENTS EARLIER, UH, CONCERNING MEETING, REGARDLESS OF HOW THIS PLAYS OUT.

I WOULD BE MORE THAN HAPPY TO TAKE A MEETING WITH ALL OF YOU FOLKS.

I THINK IT'S VERY IMPORTANT THAT WE WORK WITH AND GET TO KNOW EACH OTHER AS WELL AS WE POSSIBLY CAN BE IN NEIGHBORS.

AND ANYTIME I'M IN.

NEXT UP IS I NEVER ATE CITIZENS REGISTERED TO SPEAK WHAT I'M NOT SURE.

CINDY SCHWARZ WORD TO.

UM, ONE OF MY QUESTIONS IS, IS, UH, FOR ONE WHAT WE WERE PREVIOUSLY TALKING ABOUT, UM, YOU KNOW, WHEN, WHEN EVERYBODY DID AGREE, WELL, THE MAJORITY AGREED FOR THE SERVICE AGREEMENT.

I DON'T BELIEVE THAT ANY RESIDENTS AT THAT TIME WERE ASKED OF ANY INPUT, UM, THOSE WHO CURRENTLY RESIDE IN HUBER HEIGHTS OR, UM, BETHEL TOWNSHIP.

SO I CAN UNDERSTAND HOW, YOU KNOW, MAYBE I'M RESUBMITTING THAT, UM, NOW THAT THERE HAS BEEN PEOPLE THAT HAVE COME FORWARD TO ME, IT DOES SEEM LIKE IT WOULD, THERE IS, THERE IS A DIFFERENCE THAT'S HAPPENING HERE.

UM, THAT'S JUST MY THOUGHTS.

I DON'T KNOW IF ANYBODY AGREES ON THAT, BUT MY MAIN QUESTIONS ARE, IS, UM, FIRST IT DOES DEAL AGAIN WITH, UH, CARRIAGE TRAILS, NOTHING TO DO WITH BUFFALO.

BUT, UH, I WOULD LIKE TO KNOW IF, UM, THE TRAFFIC STUDIES THAT HAVE ALREADY BEEN DONE A WHILE AGO AND, UM, THE CITY WAS SUPPOSED TO ALSO TALK TO ODAT ABOUT THE CHANGE THAT IS GOING TO HAPPEN WITH BRAND PIKE AND THE ENTRANCE TO CARRIAGE TRAILS.

UH, TO MY KNOWLEDGE, I HAVE NOT HEARD ANY, ANYTHING ELSE ON THAT.

SO I WAS JUST WONDERING IF THERE WAS ANY CURRENT INFORMATION AS TO HOW THAT ENTRANCE IS GOING TO CHANGE.

SO, SCOTT, DO YOU NEED ANY TIME TO PREPARE ANYTHING FROM, FOR, I MEAN, FOR THAT, I MEAN, EVEN TALKING WITH RUSS AND MANNY COUNTY AND ALL THAT, CAUSE, CAUSE THAT'S A, IT'S A PRETTY CRAZY INTERSECTION BECAUSE IT'S IN MIAMI COUNTY AND YOU DON'T ACTUALLY ENTER INTO HUBRIS.

SO WHEN YOU'RE GOING NORTH ON 2 0 1, YOU'RE ALWAYS IN MIAMI COUNTY UNTIL YOU ACTUALLY TURN ON THE CARRIAGE TRAILS BOULEVARD AND ENTER INTO DEVELOPMENT.

SO IT DOESN'T BECOME HUBER HEIGHTS UNTIL YOU'RE ACTUALLY OFF OF 2 0 1 AND YOU'RE ON CARED SHOWS BOULEVARD.

SO IF THE LIGHT GOES OUTSIDE OF THAT ENTRANCE ON TO RIGHT 2 0 1 THAT'S BETHEL TOWNSHIP AND IT'S MIAMI COUNTY, IT'S NOT HUBRIS.

SO THAT WEB OF ALL THOSE DIFFERENT ENTITIES AT THAT POINT IS WHAT THE ENGINEER AND ST MANAGER AND ALL THAT HAS BEEN TRYING TO THROUGH WITH THOSE STUDIES TO FIGURE OUT IF THAT CAN, IF THAT CAN BE DONE AND WHO HAS TO GIVE THE FINAL APPROVAL ON THAT? OKAY.

UM, YES, CAUSE I, I BELIEVE THAT IT, FROM WHAT I HAVE READ AND WATCHED, UM, IT WAS BACK IN 2018, UM, WHERE A LOT OF THIS WAS TALKED ABOUT.

SO I JUST FIGURED WITH IT ALMOST HITTING A FOUR YEAR MORE LIKE MAYBE WE'D HAVE SOME, SOME ANSWERS, BUT I COULD BE JUST ASKING THE WRONG.

THE LAST TIME WE TALKED ABOUT CARRIAGE TRAILS AND BRENT PIKE

[00:45:01]

WAS, WAS NOT 2018.

THAT WAS JUST, THAT WAS JUST A FEW MONTHS AGO.

I, I CAN SAY THAT THE STREETLIGHTS HAVE BEEN UPGRADED AT THAT INTERSECTION AND THEN ALSO THE SIGNAGE AS YOU'RE COMING UP.

SO THAT THERE'S A TURN AHEAD.

THOSE HAVE BEEN UPGRADED.

UH, BUT I WILL FIND OUT, UH, GET AN UPDATE ON THE TRAFFIC SIGNAL, UH, PORTION OF THAT, UM, FOR CAN HAVE SOME KIND OF UPDATES, UH, FOR OUR, UH, WHERE WE MAY BE AT ON THAT.

AND WHAT STEPS ARE STILL OUT THERE, UH, PRIOR TO OUR NEXT MEETING.

YEAH, SURE.

I MEAN, NONE OF US WANT TO SEE ANY ACCIDENTS HAPPEN UP THERE.

IT'S JUST A MATTER OF, AGAIN, IT'S THREE DIFFERENT ENTITIES UP THERE.

IT'S AGAIN, AS SOON AS YOU TURN ON CARE TO SHELTER AND HE WRITES, BUT AS WHEN YOU'RE GOING NORTH, YOU'RE STILL IN MIAMI COUNTY AND THEN BELT THE TOWNSHIP.

SO THAT, YEAH.

I MEAN IT'S, AND IT'S STAYED AROUND TO A ONE, SO YEAH.

I WAS ACKNOWLEDGING THAT, YOU KNOW, OH, DOT YOU KNOW, HAS, YOU KNOW, THE MAJOR SAY IN, YOU KNOW, IN IF THERE'S GOING TO BE A TRAFFIC LIGHT OR NOT, BECAUSE I MEAN, IT IS, I DON'T FOR A PERSON THAT LIVES THERE.

IT'S A BLIND TURN.

IF ANY CARS ARE, YOU KNOW, IN FRONT OF YOU, I THINK ALL OF US ARE W IF WE COULD JUST MAKE THAT HAPPEN, IT WOULD BE VERY, IN FACT, IN FACT, WHEN WE PASSED THAT LEGISLATION, I THINK THAT PRETTY MUCH, YOU KNOW, FOR THE SAFETY TO BE ABLE TO TAKE ANY KIND OF ACTION, WE COULD TAKE LEGALLY TO GET A LIGHT UP THERE.

I THINK THAT'S THE LEGISLATION THAT WE PASSED.

DON.

MA'AM I'M SENDING THE, UM, LAST UPDATE I GOT FROM SCOTT'S PREDECESSOR.

THE FORMER CITY MANAGER WAS THAT, UH, ODOD MIAMI COUNTY, CITY OF HUBER HAD TO COME TO SOME SORT OF AGREEMENT ON NOT ONLY A SIGNAL THERE, BUT WHAT THE TRAFFIC IMPROVEMENTS WOULD BE TO THAT AREA.

CAUSE A SCOTT AT THAT TIME, UH, ROBIN ALSO TALKED ABOUT THE NEED FOR TURNING LANES AND OTHER THINGS.

AND SOME OF THE THINGS YOU'VE BROUGHT UP LIGHTING, UM, SIGNAGE TO GIVE YOU A LITTLE HEADS UP.

IT'S BEEN SOMETHING THAT'S BEEN ON MY TICK LIST.

I HAVE CONTACTED SCOTT ABOUT IT, BUT HE HASN'T HAD TIME TO GET AN UPDATE, BUT IT IS SOMETHING WE'RE NOT GOING TO LET GO.

AND THAT INTERSECTION IS HORRIBLE AND WE'RE GOING TO DO SOMETHING ABOUT IT.

UM, MY, MY LAST QUESTION IS, UM, I KNOW THAT FROM WATCHING THE WORK SESSIONS AND THE COUNCIL MEETINGS THAT, UM, BETWEEN THE SEVENTH AND 13TH OF SEPTEMBER, UH, IT, IT WAS SAID THAT, UM, SOONER, RATHER THAN LATER, THE MEETING WITH, UM, BETHEL TRUSTEES AND, UM, COUNCIL AND THERE, UM, AND I DON'T KNOW IF ANYBODY, WELL, KEN CONAWAY WAS SUPPOSED TO BE INVOLVED IN THAT AS WELL.

UM, AND SINCE IT HAD BEEN, YOU KNOW, CLOSE TO, OR OVER A MONTH, I WAS JUST WANTING TO SEE IF THAT WAS STILL IN THE PROCESS OF BEING RANGED OR IF THAT HAS ALREADY PASSED.

AND I JUST, I, I MISSED THE NOPE, I THINK SO.

THE, UM, WHEN I TALKED TO, UM, MR. ROGERS ABOUT TRYING TO SCHEDULE THOSE MEETINGS, UH, NO, JUST QUITE FRANKLY.

I MEAN, WITH, AS, AS MR. MCDONALD HAS STATED, JUST BECAUSE THE ORC OR HOWEVER THAT READS SAYS THAT MIAMI COUNTY SHOULD VOTE YES.

TO APPROVE THE ANNEXATION IS VERY, IN FACT, I THINK THERE'S LETTERS CIRCULATING ON SOCIAL MEDIA WHERE ONE OF THE MIAMI COUNTY COMMISSIONER SAID THAT HE'S AGAINST IT.

SO, SO TO ASSUME THAT MIAMI COUNTY IS GOING TO VOTE YES, FOR THIS, I THINK IS A, IS A FAR STRETCH IN MY OPINION.

SO I DIDN'T FEEL IT WAS APPROPRIATE FOR THIS COUNCIL TO BE INVOLVED IN ANY KIND OF MEETING WHERE WE MIGHT HAVE SOME TYPE OF INFLUENCE ONE WAY OR THE OTHER OVER WHAT MIAMI COUNTY MIGHT OR MIGHT NOT DO.

THAT'S NOT, THAT'S NOT WHAT ARE PLACES IN THIS ONCE MIAMI COUNTY MAKES A DECISION, THEN ABSOLUTELY.

WE CAN HAVE WHATEVER, WHATEVER MEETINGS, HOWEVER, WANT TO GET TOGETHER AS MANY TIMES AS POSSIBLE.

EXCUSE ME, I'M OKAY WITH THAT.

BUT TO HAVE THIS GOVERNMENT AGENCY INVOLVED IN MEETING WITH ANOTHER GOVERNMENT AGENCY, PRIOR TO THEM MAKING A DECISION, THAT'S SOLELY THEIR DECISION DOESN'T SEEM APPROPRIATE TO ME.

AND THAT'S WHY I STOPPED HAVING THOSE MEETINGS OR STOP THE DISCUSSION, THOSE MEETINGS ONCE WE KNOW WHAT MIAMI COUNTY IS GOING TO DO, WE ABSOLUTELY CAN HAVE ALL THE MEETINGS WE WANT, BUT IT SOUNDS LIKE THAT DOESN'T EVEN MATTER.

NOW, AS LONG AS JERRY GETS BACK, THE LEGAL INFORMATION THAT WE NEED.

SO PASS A RESOLUTION OR AN ORDINANCE TO RESCIND THE STATEMENT OF SERVICES AND WHATEVER LANGUAGE WE HAVE TO PUT ON A RESOLUTION TO STOP THE ANNEXATION PROCESS.

I THINK WE'RE ALL IN AGREEMENT THAT THAT'S WHAT WE WANT TO DO.

WORK SESSION, KEN CONAWAY, UH, SPECIFICALLY ASKED YOU, UM, YOU KNOW, WHO WAS GOING TO BE DESIGNATED IN CHARGE OF SETTING UP THAT MEETING.

YEAH, I WAS, IT WAS, UH, JUST A QUESTION BECAUSE I KNOW THAT, UH, AT THE END OF THE

[00:50:01]

AND I COULDN'T HEAR WHO YOU SAID, BUT I, IT WAS, IT WAS YOU THAT, THAT SAID, YOU KNOW, THIS NEEDS TO HAPPEN SOONER RATHER THAN LATER.

SO I WAS JUST LIKE, YES.

AND SO, SO BEING ON THE SPOT.

ABSOLUTELY.

I SAID THAT AND THE MORE I CONTEMPLATED THAT I DON'T, IT WAS RIGHT FOR US TO INFLUENCE THE DECISION OF ANOTHER GOVERNMENT AGENCY.

I, I WOULDN'T WANT, IS THIS COUNCIL A HUGE, IMPORTANT DECISION THAT WE'RE HAVING, HAVING ANOTHER GOVERNMENT AGENCY BE INVOLVED IN ANY OF OUR DECISION-MAKING PROCESS.

SO I THINK WE HAVE TO HONOR WHAT THEIR DECISION-MAKING PROCESSES, ONCE THAT'S DONE, WE CAN HAVE ALL THE MEETINGS WE WANT.

AND I AGREE TO WAIT AND LET'S SEE WHAT THE, YEAH.

SO, SO YEAH.

SO IF I SAID THAT, THAT WE SHOULD MEET SOONER RATHER THAN LATER, UM, THAT WAS PROBABLY JUST IN THE MOMENT AND ALL THE DECISIONS THAT WE WERE TALKING ABOUT, BUT THINKING ABOUT THAT, WE HAVE SOLUTIONS, WAIT UNTIL MIAMI KIND OF MAKES A DECISION.

AND AGAIN, I THINK ANYBODY WHO THINKS THAT MIAMI COUNTY IS JUST GOING TO VOTE YES.

FOR THIS.

I MEAN, I THINK, I THINK THAT'S A, I THINK THAT'S A FAR STRETCH AND MR. MCDONNELL HAS SAID HE'S BEEN INVOLVED.

HE'S SEEN MANY ANNEXATION CASES WHERE THE COUNTY SAID, YOU KNOW WHAT, WE'RE GOING TO VOTE.

NO.

AND SUE US TO MAKE US CHANGE OUR MIND.

SO I DON'T THINK I, YOU KNOW, I WILL BE SURPRISED IF MIAMI COUNTY BUDS FOR THAT.

AND THEN IF THEY VOTE, NO, IT ENDS.

AND THEN NONE OF THIS CONVER IT'S JUST, THAT'S THE THING, NONE OF THIS CONVERSATION EVER NEEDED TO HAPPEN.

WELL, I, I, I HAVE TO DISAGREE THAT.

I, I ALWAYS THINK THAT IT'S IMPORTANT THAT, UM, YOU KNOW, RESIDENTS AND OUR NEIGHBORS GET, YOU KNOW, A VOICE TO SPEAK THEIR OPINIONS AND, YOU KNOW, JUST IF IT DOES GO THROUGH, I MEAN, I FULLY BELIEVE THAT, UH, COUNCIL AND STAFF AND YOU, UM, KNOW WHERE BETHEL STANDS AT LEAST.

AND YOU KNOW, SOME OF THE RESIDENTS OF HUBER HEIGHTS AS WELL.

NOPE.

I'VE NEVER QUESTIONED THAT A BIT.

MY ONLY POINT WAS THAT IF BETHEL COUNTY, IF BETHEL AND BETHEL, BUT IF MIAMI COUNTY VOTES, NO, THEN THERE'S NOTHING LESS FOR THIS COUNCIL TO TALK ABOUT.

I MEAN, FROM, WE CAN'T MAKE THAT HAPPEN IF THEY VOTE, IF THEY VOTE.

NO.

W WITH, WITH THESE 2, 233 ACRES AND THIS DEVELOPER, I MEAN, SOMETHING COULD COME ALONG, DOWN THE FUTURE THAT'S LIKE CLOSELY, LIKE, BUT THAT'S THE LEGISLATION THAT WE HAVE THAT WHAT'S BEING VOTED ON AT, AT THIS PARTICULAR TIME.

SO THAT THAT'S, THAT'S WHAT WE'RE DISCUSSED OVER DISCUSSING.

BUT I THINK IT'S PRETTY CLEAR THE DIRECTION THAT THIS, THAT THIS COUNCIL HAD.

WELL, THANK YOU VERY MUCH FOR TAKING ALL MY QUESTIONS.

NEXT UP.

IS THAT NUMBER 8 CENT? YES, SIR.

YES, PLEASE.

I'M GONE BLACK.

I AM A TOWNSHIP TRUSTEE FOR BETHEL.

UH, I LIVE ON SINGER ROAD.

I'VE LIVED THERE 65 YEARS AND I WAS GOING TO SIT OVER THERE AND JUST BE QUIET, BUT I GOT SO CONFUSED.

I HAVE TO ASK A QUESTION ON THIS TRAFFIC LIGHT AT 2 0 1 AND CARRIAGE TRAILS.

DID I UNDERSTAND THAT YOU DON'T HA YOU DON'T KNOW WHAT'S GONNA HAPPEN THERE YET? OUR, OUR DESIRE CERTAINLY IS TO HAVE A TRAFFIC LIGHT.

TO DO IT CORRECTLY AS PART OF THAT ENTRANCE FOR AN ACTUAL POND, BUT IT WAS NOT A RETENTION FEATURE.

BUT THERE ARE ABOUT FOUR DIFFERENT ENTITIES THAT, THAT HAVE TO BE INVOLVED IN THAT DECISION.

THERE'S NOTHING APPROVED YET.

WE HAVE PASSED LEGISLATIONS, THE COUNCIL THAT WE WILL DO WHATEVER NECESSARY FOR US TO BE ABLE TO INSTALL THE LIGHT, BUT WE'VE GOT, BUT AGAIN, THAT'S DOTS INVOLVED.

IT IS BETHEL TOWNSHIP.

AND MY ONLY QUESTION IS IF THERE'S NOT AN APPROVAL, WHY ARE YOU MOVING DIRT? AND WHY ARE YOU FILLING IN A RETENTION OR DETENTION, WHICHEVER YOU WANT TO CALL IT PAWN.

AND DID YOU GET PERMISSION TO FILL IN THAT POND? I DON'T THINK THAT IS GOING TO DO WITH A LIGHT SCOTT, IF YOU WANNA ADDRESS THAT, I CAN ANSWER THAT ONE.

THE CITY IS NOT DOING THAT.

THAT IS THE DEVELOPER, THE PROPERTY OWNER OF THAT, UH, PIECE THAT IS NOT A RETENTION POND OR DETENTION BASIN.

THERE'S NO PIPES THAT GO INTO THAT AREA.

SO THAT IS A PLACE THAT THEY ARE MOVING DIRT TO LEVEL IT OFF AND CREATE A LANDSCAPED AREA.

WHY DID THEY DIG IT IN THE FIRST PLACE? I MEAN, IT COSTS MONEY TO MOVE DIRT.

THEY DUG IT AND NOW THEY'RE FILLING IT IN.

AND DON'T REALLY SEEM LIKE THEY'RE, IT SEEMS LIKE THERE'S SOMETHING HIDDEN THERE TO MAKE THE, I BELIEVE THE ORIGINAL, THIS WAS YEARS AGO PRIOR TO MY TIME HERE.

BUT THE, THE, SOME OF THE STORIES IS THAT WAS TO BE A WATER FEATURE AT ONE POINT IN TIME.

AND THE WAY THE ROCK WAS, IT WASN'T NECESSARILY FEASIBLE

[00:55:01]

SO IT WAS NOT THERE FOR DRAINAGE PURPOSES.

IT WAS JUST THERE FOR AESTHETICS.

I'LL TAKE A LOOK AT IT.

THANK YOU, GLENN.

I WANTED TO SAY THAT, UM, I PERSONALLY BELIEVE THAT IF TWO ENTITIES BE IT TWO MUNICIPALITIES OR ANY OTHER GOVERNMENTAL ENTITIES OR IN GRANTS ON A COMMON GOAL, I THINK ABSOLUTELY APPROPRIATE TO WORK TOGETHER TO ACHIEVE THAT COMMON GOAL.

UM, I THINK THAT THE, UM, THIS, THIS INTERSECTION IS A PERFECT EXAMPLE OF THAT.

IF WE COULD GET TOGETHER AND DISCUSS IT WITH THESE ENTITIES AND THESE OTHER, OTHER PEOPLE THAT ARE INVOLVED AND NEEDED TO BE THERE TO MAKE THOSE DECISIONS, I THINK WE CAN GET TO THOSE SOLUTIONS A LOT QUICKER.

UM, I, I DON'T THINK THAT WE SHOULD KEEP THESE THINGS SEPARATE.

I THINK WE SHOULD LOOK TO GET TOGETHER WITH THESE DIFFERENT ENTITIES AND, AND ACHIEVE THESE GOALS THAT WE ALL DESIRE.

SO THANK YOU.

ANYTHING GOD HAS THE TRAFFIC STUDY BEING COMPLETED.

THAT'S WHAT I HAVE TO CHECK ON.

UM, I KNOW THERE HAS BEEN CONVERSATIONS WITH ODAT AND THERE WAS A TRAFFIC STUDY DONE.

UM, BUT THEY MAY HAVE REQUESTED MORE INFORMATION.

I WILL HAVE TO CHECK ON THAT WITH MR. BERGMAN.

AND WHEN THAT PLAN IS, IS FINALIZED, OR THE RESOLUTION FOR THAT INTERSECTION IS, IS ESTABLISHED, WILL THAT HAVE TO GO THROUGH MCRPC FOR FUNDING? IT WON'T HAVE TO, UM, BUT THERE MIGHT BE A POTENTIAL FOR, UM, SOME FUNDING ON THAT.

UM, BUT IT COULD BE SOMETHING THAT WE JUST PAID FOR.

UM, BUT IF THERE'S SOME GRANT FUNDS OUT THERE THAT, UH, WE COULD DO, WE'LL DEFINITELY LOOK INTO THAT.

WOULD THERE BE A SHARING OF FUNDS BETWEEN THE COMMUNITIES THAT'S ENTIRELY POSSIBLE THERE? SO THAT WOULD BE A, A GOOD COLLABORATION PROJECT.

YES, RICHARD, THANK YOU, MARY.

I JUST WANT TO CLARIFY SOMETHING.

UM, IT WAS STATED THAT AFTER WE MET ON THE 13TH, UM, THAT A, UH, A AND I BELIEVE AT THAT TIME, UM, COUNSEL SHOWED NO OBJECTION AND GAVE DIRECTION AT THAT TIME TO THE CLERK OF COUNCIL TO SCHEDULE A MEETING WITH BETHEL, THAT INVITATION WAS SENT ON THE 15TH AND FROM INFORMATION PROVIDED HERE TODAY, THAT INVITE WAS RESCINDED ON THE 26TH, SEVENTH.

HOWEVER, I NEVER GAVE THEIR CLERK OF COUNCIL, ANY AUTHORIZATION TO RESCIND THAT MEETING.

AND I NEVER SEEN ANY, UM, EMAIL COMMUNICATION FROM JERRY, UH, STATING IT IN ANY TYPE OF LEGAL CONCERN.

SO ARE YOU STATING THAT YOU GAVE THAT DIRECTION ON YOUR OWN THERESA IN THAT MEETING? WHEN, WHEN HE WAS, UH, WHEN TONY WAS SCHEDULING, TRYING TO GET READY TO SCHEDULE TOGETHER, HE ASKED ME, AND AT THAT POINT, YES.

I TOLD HIM I WASN'T COMFORTABLE MEETING WITH MIAMI COUNTY BEFORE THEY MADE A DECISION, BECAUSE I DIDN'T THINK THAT COUNCIL SHOULD BE INVOLVED IN INFLUENCING THE DECISION OF ANOTHER GOVERNMENT.

WOULD YOU NOT HAVE BELIEVED THAT THAT INFORMATION SHOULD HAVE BEEN SHARED WITH ALL OF COUNCIL AT THAT TIME BECAUSE COUNCIL GAVE THAT DIRECTION? WELL, IT WAS A CONVERSATION THAT, THAT I HAD TO TELL ME.

SO YOU'RE SAYING YOU DO BELIEVE THAT SHOULD HAVE, I BELIEVE THAT I'M SAYING I'M JUST LETTING YOU KNOW THE CONVERSATION I HAD WITH MR. RAY.

BECAUSE UNLESS ANYBODY ELSE ON COUNCIL CAN TELL ME AN EMAIL THAT WAS RECEIVED, I DIDN'T RECEIVE ANY OF THAT COMMUNICATION, NOT TONY CALLED ME.

AS YOU WERE ON, YOU WERE ON VACATION AT THAT TIME, RIGHT THIS MORNING, HE WAS ON VACATION.

NEXT UP IS OUR NUMBER EIGHT CITIZENS REGISTERED TO SPEAK ON AGENDA ITEMS. THEY'RE NOT IN A SLEEPING MIRROR.

AND NEXT

[9. City Manager Report]

UP IS NUMBER NINE ST.

MARY'S REPORT.

SCOTT.

SO THE CONTRACTORS ARE OUT THERE.

UM, I HAVE A COUPLE UPDATES TO PROVIDE TONIGHT.

UH, FIRST IS THE VETERANS MEMORIAL.

UM, THAT IS, UH, IT'S GOING WELL.

UM, EVERYTHING IS STILL ON SCHEDULE.

THE, UH, MAJORITY OF THE CONCRETE WORK IS COMPLETE.

SO THERE'S JUST SOME FINISHING ON SOME OF THAT CONCRETE AND SOME LIKE THE SKATEBOARD DETERRENCE AND THOSE KINDS OF THINGS.

IT'S STILL TO DO.

THE GRANITE MONUMENTS ARE SET TO ARRIVE THIS WEEK.

THEY WILL BE ON SITE AND THEN A CRANE IS COMING IN TO PLACE THOSE AT EACH OF THE SPECIFIC POINTS.

SO THOSE WILL BE UP IN, IN NEXT WEEK.

SO IT WAS A WATCH FOR A DEDICATION NOTIFICATION.

UH, I MEAN, THAT'S WILL BE SENT OUT SOON, UM, FOR A, UH, UH, NOVEMBER 6TH, UM, DEDICATION AND THEN A VETERANS DAY EVENT AT THAT LOCATION.

SO ALSO, UM, THEY ARE TRYING TO SEED THIS WEEK SO THAT WE HAVE SOME OF THAT, UH, GROWTH STARTED BY THEN.

IT'S THE PERFECT TIME FOR SEATING OUT THERE, UM, RIGHT NOW.

SO, AND THEN THE PARKING LOT WILL BE REPAVED AS WELL, AS SOON AS THE CRANE LEAVES, UH, SO THAT IT DOESN'T DAMAGE ANY OF THE NEW PAY THING.

ALSO OUT AT THE, UH, MANITA FIELD, THE BIKE SKATE PARK UPDATE LAST WEEK, THE PUMP TRACK STARTED CONSTRUCTION.

[01:00:01]

THEY'RE DOING A LOT OF THE DIRT MOVING THE UNDER DRAINS, THOSE KINDS OF THINGS.

SO THAT'S, UH, UH, UNDERWAY ABOUT TWO MORE WEEKS ON THAT PORTION.

WEDNESDAY OF THIS WEEK, THE BMX TRACK IS STARTING.

UH, SO THAT'S THAT ARMORED, UH, SURFACE.

UH, SO THAT'S OFF THE TOP OF THE HILL THERE.

AND THEN THE SKATE PARK RAMPS, UH, IS SCHEDULED TO ARRIVE ON MONDAY.

UH, SO THAT'LL BE IN PLACE.

SO PRETTY MUCH ALL OF THIS IS LINING UP.

THAT'S RIGHT AROUND HALLOWEEN THAT, UH, WE SHOULD HAVE EVERYTHING IN PLACE AND KIDS OUT THERE PLAYING NEXT.

UH, THIS WEEKEND ZONE SATURDAY, WE HAVE THE BITES IN THE HEIGHTS CAR SHOW AND MOVIE NIGHT AT THE ROSE FREE ADMISSION FROM 11 TO 6:30 PM, OR THE FOOD TRUCKS, TWO TO SIX 30 IS THE CAR SHOW.

AND THEN AT SIX 30, UH, INSIDE THE FACILITY IS THE MOVIE CASPER.

SO IT'S ALL FREE.

ALL THE MOVIE IS FREE.

YOU DON'T HAVE TO PAY FOR THINGS AT THE FOOD TRUCKS, NO FREE FOOD, NO FREE FOOD.

ANY QUESTIONS FOR SCOTT ON THE ST REPORT? OKAY.

THANK YOU, SCOTT.

ON NUMBER 11, NEW BUSINESS ITEM 11 EIGHT, AN ORDINANCE AMENDING CERTAIN SECTIONS APART, THREE TRAFFIC CODE OR THE CITY CODE OF HUBER HEIGHTS.

MEET YOU.

NEXT UP IS OUR NUMBER 10 PENDING BUSINESS.

MR. ROGERS.

THERE'S ANOTHER SAVING.

NEXT UP IS

[ An Ordinance Amending Certain Sections Of Part Three, Traffic Code, Of The City Code Of Huber Heights. (first reading)]

THE FIRST READING AND MR. ROGERS, ANY FURTHER COMMENT, UH, THESE ARE SOME RECOMMENDATIONS FOR AMENDMENTS TO THE CITY CODE AND PART THREE, THE TRAFFIC CODE THAT HAVE COME FROM THE ORDINANCE REVIEW COMMISSION THAT HAS BEEN MEETING OVER THE LAST, UH, YEAR.

SO, UH, WE REVIEWED THESE IN DETAIL AT THE, UH, COUNCIL WORK SESSION.

THE REQUEST IS TO, UH, WAVE THE SECOND READING AND ADOPT THIS ORDINANCE THIS EVENING, TERMINATIONS OR MOTION TO WAIVE MR. GAMBLE.

SO MOVE FOR A SECOND.

CHILL.

SECOND MOTION.

THE SECOND WAY.

THE SECOND READING AND DISCUSSION.

MOST OF THE WAVE CARRIES EIGHT TO ZERO AND NEXT TO THEIR MOTION TO ADOPT WAS BURJ.

IS THERE A SECOND, MR. WEB? OH, EMOTIONAL HAS A SECOND.

ANY DISCUSSION MR. ROGERS? MRS. BURSCH YES.

AND THE MOTION TO ADOPT ALSO CARRIES EIGHT ZERO.

[ An Ordinance Amending Certain Sections Of Part Seven, Business Regulation Code, Of The City Code Of Huber Heights. (first reading)]

UP IS ITEM 11 B UM, AND BE AN ORDINANCE AMENDING CERTAIN SECTIONS OF PART SEVEN, THE BUSINESS REGULATION CODE OF THE CITY CODE OF HUBER HEIGHTS AT THE FIRST READING MR. ROGERS FOR THE COMMENT, THIS IS BASICALLY THE SAME THING, BUT FOR PART SEVEN, WHICH IS THE BUSINESS REGULATION CODE, UM, WE WOULD ALSO ASK THAT THIS BE WAIVED AND ADOPTED THIS EVENING AND, UH, FUTURE MEETINGS, UH, THROUGH THE REMAINDER OF THE YEAR.

WE'LL BE COMING BACK WITH THE OTHER SECTIONS OF THE CITY CODE, UH, FOR APPROVAL, UM, BASED ON THE RECOMMENDATIONS OF THE ORDINANCE REVIEW COMMITTEE.

IS THERE A MOTION TO WAVE? YES.

MS. BAKER MOTION TO WAVE.

IS THERE A SECOND? IT WAS BIRCH EMOTIONAL A SECOND TO WAIT A SECOND READING.

IS THERE ANY DISCUSSION? OKAY.

MR. ROGERS, MR. OTTO? YES.

YEAH, PUSH THE WAVE CARRIES EIGHT TO ZERO AND NEXT MOTION FOR ADOPTION.

WE HAVE TO ADOPT SHRILL.

EMOTIONAL.

SECOND, YOUR DISCUSSION ON THE ADOPTION.

MS. ROGERS, MR. LYONS.

MR. HILL.

MR. WEBB, MR. SHAW, MS. BAKER, MR. CAMPBELL.

MRS. BERG, MR. OTTO.

A CITY OFFICIAL REPORTS AND COMMENTS SHOW.

CURIOUS TO ZERO NEXT,

[12. City Official Reports and Comments]

OUT TO THEM IF THEY'RE LOOKING TO VOLUNTEER ON SATURDAYS AND SUNDAYS.

MA'AM.

I DO HAVE A FEW TONIGHT.

UM, FIRST I AM HOPING THAT OUR NEXT WORK SESSION WILL HAVE A RESOLUTION TO THE, UH, SOFTBALL, UH, FIELD LEASE AGREEMENT, AS WELL AS THE RAISED TRAFFIC SAFETY CONCERNS.

UM, ADDITIONALLY, I WANT TO THANK ALL THE RESIDENTS OF BETHEL FOR COMING OUT HERE TONIGHT AND, UH, MAKING YOUR VOICES HEARD LOUD AND CLEAR.

UM ADDITIONALLY, UM, UH, THIS PAST WEEKEND, I DID HAVE AN OPPORTUNITY TO, UM, VOLUNTEER WITH THE ATHLETIC FOUNDATION.

UM, JUST A WORD TO ALL THE RESIDENTS.

UM, THEY ARE IN NEED OF VOLUNTEERS.

UM, UH, PLEASE REACH OUT TO WAYNE BINGO.

UH, IT'S AN OPPORTUNITY FOR PARENTS, UH, FAMILY, FRIENDS, GRANDPARENTS, COLLEGE STUDENTS, TO EARN MONEY, TO PAY FOR SCHOOL FEES, SPORTS FEES, TUITION BOOKS, USE SPORTS GIRL AND BOY SCOUTS, YMC PROGRAMS, AND MUCH MORE.

UM, WAYNE BINGO IS IN THEIR, UH, 30TH, UH, YEAR, UM, KIND OF DOING THEIR 30TH BIRTHDAY CELEBRATION DOWN AT THE ATHLETIC FOUNDATION.

UH, SO I DEFINITELY ENCOURAGE EVERYBODY TO REACH

[01:05:01]

ADDITIONALLY, IT DOES LOOK LIKE A BIG SANDY IS MOVING FORWARD.

THEY FINALLY GOT THEIR GLASS AND, UH, THERE HAS BEEN A BACK ORDER ON THAT, ON THE, ON THE FRONT END, AS WELL AS THE INSIDE.

SO HOPEFULLY A PERMITTING WE'LL BE MOVING WITH THE GRAND OPENING HERE VERY SOON.

UM, ADDITIONALLY I WANTED TO CONGRATULATE WAYNE OVER THERE.

UM, UH, VICTORY OVER FAIRMONT.

I WISH THE CINCINNATI BENGALS HAD A, UH, A KICKER TO CARRY OUT THE WIN THIS WEEK, BUT THAT DIDN'T HAPPEN EITHER.

UM, AND, UH, ALSO WHEN I THINK, UM, THE VOLUNTEERS, UH, THAT PUT ON THE BARD EVENT, UH, THIS WEEKEND, I, I THINK, UH, UH, THE COMMUNITY, UH, ENJOYED THEIR TIME OUT THERE.

UH, SEEN A LOT OF FOLKS ENJOYING THEMSELVES WITH THE CORNHOLE AND THE DANCING.

UH, CERTAINLY ENJOYED THAT.

UM, ADDITIONALLY IT WAS, UM, I WANT TO SAY, UH, THIS PAST, UM, A WEEK OR TWO, UM, UH, WAYNE HIGH SCHOOL, UH, AND I'M SORRY, THE HEBREW HEAD CITY SCHOOLS I'LL PUT ON THEIR HOMECOMING PARADE, UH, LOOKED LIKE THAT WAS A GREAT TIME, UH, FOR ALL.

UM, UNFORTUNATELY I DID NOT RECEIVE AN OFFICIAL INVITE FOR THAT.

UM, UH, THROUGH SOME REVIEW OF THE CLERK OF COUNCIL, UM, CITY MANAGER AND THE SUPERINTENDENT, UM, IT APPEARS THAT I WAS INTENTIONALLY NOT INVITED TO THAT.

UM, I RECEIVED A PHONE CALL FROM THE SUPERINTENDENT WHO APOLOGIZED GREATLY FOR THAT, UM, AND, UH, ASSURED ME THAT, UH, UM, IT WAS NOT HIS PERSONAL INTENTION.

UH, HE BELIEVES THERE WAS SOME BREAKDOWN IN COMMUNICATION, UH, THAT HAD OCCURRED.

UM, AND HE DID AGREE WITH ME.

THERE APPEARS THERE WAS SOME UNFORTUNATE SITUATIONS THAT OCCURRED.

UM, I, I JUST FIND IT VERY UNFORTUNATE THAT, UH, YOU KNOW, UH, I'VE PERSONALLY SUPPORTED THAT GOVERNMENT BOARD, UH, AS OUR SCHOOL DISTRICT EVERY YEAR FOR THE HOMECOMING PARADE, EXCEPT FOR THIS YEAR, UH, SINCE I WASN'T PERSONALLY INVITED, UH, DOES SEE, UH, APPEAR THAT OTHER MEMBERS OF COUNCIL DID RECEIVE THAT INVITE.

UM, AND, UH, AND I FIND THAT THAT'S VERY UNFORTUNATE.

NOT TO EXCLUDE THE MALES AND GET BREAST CANCER, BUT ONE OUT OF EIGHT WOMEN WILL SUFFER FROM BREAST CANCER.

MA'AM YES.

THANK YOU MIRROR.

I HAVE SEVERAL THINGS AS WELL, BUT I GUESS I'LL START OFF RICHARD.

I DIDN'T GET AN INVITE TO THE HOMECOMING PARADE, BUT I SAW IT ON FACEBOOK WHEN I SHOWED UP.

LIKE I DO EVERY YEAR.

IT'S THE HOMECOMING PRIDE.

JUST, I DIDN'T WANT YOU TO FEEL LIKE YOU WERE LEFT OUT.

I DIDN'T GET AN INVITE EITHER.

I JUST SAW THE NOTIFICATION ON SOCIAL MEDIA AND SHOWED UP.

LIKE I ALWAYS DO, UH, SAW MR. OTTO, UH, HIS WIFE THERE, UM, SEVERAL OTHER PEOPLE, BUT IT WASN'T, I DON'T THINK IT WAS A DELIVERY SLIDING AGAINST YOU.

I DIDN'T GET AN INVITATION EITHER.

UM, THE NEXT COMMENT I HAVE IS ONE THAT GOES BACK TO THE TRAFFIC LIGHT ISSUE.

UM, IT WAS 1 11 20 21, AND THIS COUNCIL PASSED A RESOLUTION.

GET OUT YOUR PINS, IT'S RESOLUTION 2021, OUR 6, 9, 5 8 APPROVING THE ADDITION OF AN APPROPRIATE TRAFFIC CONTROL SIGNAL DEVICE AT THE INTERSECTION OF CARRIAGE TRAILS BOULEVARD, AND STATE ROUTE TWO, A ONE, AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY AND PROPER ACTIONS TO ADVERTISE AND RECEIVE PROPOSALS FROM QUALIFIED FIRMS TO DESIGN, PROCURE, AND INSTALL ALL NECESSARY.

APPURTENANCES WHICH I THINK MEANS TRAFFIC LANES TO A PERTINENT SAYS OF THE PROJECT UPON PROCESS APPROVE ON DESIGN.

SO WE DID PASS THAT, UH, JANUARY 11TH, 2021.

NOW, UH, I'LL GIVE SCOTT A BREAK HERE BECAUSE WE'VE HAD A CHANGE IN LEADERSHIP WITH THE CITY MANAGER.

SO HE'S PROBABLY, THIS MAY HAVE BEEN SOMETHING THAT HAS BEEN PUSHED ASIDE A BIT, BUT I CAN PROMISE YOU THAT WE'LL STAY ON THIS BECAUSE WE'VE PASSED A RESOLUTION TO MAKE SURE IT HAPPENS.

A THIRD AND FINAL COMMENT I WANT TO MAKE IS REGARDING THE MONTH OF OCTOBER, IT'S A LITTLE PERSONAL FOR ME.

THIS IS, UM, BREAST CANCER AWARENESS MONTH.

I'M SURE MOST OF YOU ARE AWARE OF THAT.

AND, UH, I SPENT A, A LOT OF YEARS WORKING IN FUNDRAISING AND COLLABORATING WITH BREAST CANCER, UM, ORGANIZATIONS THROUGHOUT THE MIAMI VALLEY AND NATIONWIDE MY WIFE AND I BEEN VERY INVOLVED FOR WELL OVER 20 YEARS WITH BREAST CANCER FUNDRAISING AND HELPING TO IMPROVE AWARENESS AND INCREASE RESEARCH, BUT IT NEVER REALLY HITS YOU QUITE AS HARD AS WHEN IT HITS YOU RIGHT IN YOUR OWN HOME.

WHEN MY WIFE WAS DIAGNOSED WITH BREAST CANCER, EXCUSE ME.

UM, IT'S BEEN A TOUGH YEAR, BUT IT HAMMERS HOME, THE IMPORTANCE OF PAYING ATTENTION TO WHAT THIS DISEASE IS DOING.

ONE OUT OF EIGHT WOMEN AND, UH, UH,

[01:10:01]

BREAST CANCER IS PRETTY DEVASTATING FOR A FAMILY.

AND I JUST WANT EVERYBODY TO KEEP THAT IN YOUR HEARTS THIS MONTH, IT IS BREAST CANCER AWARENESS MONTH.

DON'T THINK YOU DON'T.

I ALSO WOULD LIKE TO PUT, UH, IF A BIG SHOUT OUT TO CINDY DAVIDSON AND HER NON-PROFIT, UH, ORGANIZATION WHO, UH, I WOULD SAY, UH, HOSTED THE BARN DANCE ON SATURDAY NIGHT, A WIFE AND I WENT AND WE HAD A GREAT TIME.

UM, I WISH I COULD SAY I'M LOOKING FORWARD TO DOING IT AGAIN NEXT YEAR, BUT DUE TO THE, THE SALE OF THAT PROPERTY, UM, I DON'T KNOW THAT I DON'T BELIEVE THAT'LL HAPPEN, BUT I HOPE WE CONTINUE TO DO THINGS LIKE THAT WITHIN THE COMMUNITY, BECAUSE THAT WAS A GREAT TIME.

AND I THINK WE COULD REALLY BUILD ON THAT AND HAVE AN AWESOME TIME WITH THAT.

UM, SECOND, I WANT TO SPEAK TO THE HOMECOMING THING AS WELL.

I WAS THERE AND I WAS ONLY THERE BECAUSE I GOT A PHONE CALL FROM MR. SHAW WHO WAS DRIVING BY IT, TAKING HIS SON TO A FOOTBALL GAME.

AND, UH, I SAID, HEY, WHAT'S GOING ON? DID, DID WE GET AN INVITE TO THE HOMECOMING PARADE? AND I SAID, I DIDN'T GET ONE THIS YEAR.

NORMALLY TONY SETS THAT UP.

IT GETS US OUT TO US AND WE GET ALL PREPPED UP.

AND IF WE NEED TRANSPORTATION, WE SET THAT UP.

IF WE NEED CANDY, WE GO AHEAD AND GET THAT AND WHATNOT.

AND HE SAID, WELL, I SAW SOME, A COUPLE OF COUNCIL MEMBERS OUT THERE.

SO I HUSTLED AND GOT OVER THERE REAL QUICK.

AND SURE ENOUGH, THERE WAS AN ENTRY LISTED UNDER CITY COUNCIL.

YOU BRIGHT CITY COUNCIL, THE MAYOR, AND A FEW MEMBERS WERE THERE ALONG WITH A COMMISSION MEMBER.

AND, UM, I ALSO RECEIVED ABSOLUTELY ZERO INDICATION THAT THIS WAS GOING TO HAPPEN.

AND, UH, I FIND THAT TO BE, UM, I DON'T KNOW HOW THE COMMUNICATION BROKE DOWN OR WHY.

UM, BUT IN DISCUSSIONS THAT I'VE HAD WITH OTHERS, AS I UNDERSTAND THE MAYOR WAS INFORMED OF THIS AND, UH, HE WAS GIVEN THE TASK OF, OF, UH, NOTIFYING, UH, THE CITY OF, UH, THE EVENT AND, AND US BEING INVOLVED.

UM, AGAIN, IT'S UNFORTUNATE.

UH, I, I HOPE THAT THESE THINGS DON'T CONTINUE.

I CONSIDERED ACTUALLY FILING A COMPLAINT ABOUT IT, BUT I DIDN'T, I KNEW THAT WOULDN'T GO ANYWHERE.

UM, NEVER DOES.

UM, BUT, UM, YEAH, I JUST WANTED TO EXPRESS MY DISPLEASURE WITH THAT.

AND IT DID SEEM VERY INTENTIONAL, SO SORRY.

SO I'LL DRESS THAT YOU CAN'T ALWAYS LEAVE.

LET YOU HEAR, BUT I APPRECIATE YOU CAMPAIGNING FROM THE DICE HERE.

SO, UM, I DO WORK AT THE SCHOOL.

THERE WAS NO FORMAL LIMITATION THAT WAS SENT IN TO ANYONE AT THE CITY.

AND I SAW AN EMAIL ABOUT THE PARADE.

I SPECIFICALLY, NO ONE TOLD ME TO ASK ANYBODY.

I SPECIFICALLY GOT BACK IN TOUCH WITH THE ORGANIZER AND TOLD HER THAT SHE NEEDS TO COMMUNICATE WITH COUNCIL ABOUT BEING THERE.

I ASKED WHAT THE PROCESS WAS.

I TOLD HER THAT I WAS INTERESTED AND SHE NEEDED TO CONTACT THE REST OF THE CITY COUNCIL TO DETERMINE IF THEY WERE GOING TO BE AVAILABLE.

I WASN'T ASKED TO ASK ANYBODY.

WE ALL KNOW THAT THE HOMECOMING PARADE IS THE WEDNESDAY PRIOR TO THE HOMECOMING GAME.

AND I FIND IT RIDICULOUS THAT WE'RE EVEN TALKING ABOUT THIS.

AND MR. SHAW, I HAD A CONVERSATION WITH THE SUPERINTENDENT AS WELL.

HIS WORDS TO ME WAS THAT YOU CALLED HIM COMPLAINING.

HE DIDN'T CALL YOU.

CORRECT.

I DID CALL HIM AND HE CALLED ME BACK BECAUSE THIS IS THE FIRST YEAR 2017.

THAT CITY COUNCIL HAS NOT RECEIVED EARLIER.

BUT WHAT YOU SAID A MINUTE AGO WAS THAT HE CALLED YOU APOLOGIZING, BUT YOU INITIATED THAT CALL.

YOU'RE UPSET THAT YOU WEREN'T INVOLVED.

NOW THAT GOES DOWN TO IF THE ORGANIZER OF THE, I BELIEVE YOU WERE VERY GOOD FRIENDS AND SHE'S A SUPPORTER OF YOURS, THE ACTUAL ORGANIZER OF THE PARADE.

SO I'M NOT SURE WHY YOU DIDN'T GET NOTIFIED, BUT THERE WAS NO NOTIFICATION THAT CAME THROUGH CITY CHANNELS.

I SAW IT THROUGH A SCHOOL EMAIL CAUSE I WORK AT THE SCHOOL.

AND I THINK THAT'S WHAT YOU COMPLAINED TO MR. BESARA ABOUT WAS THAT I HAD AN UNFAIR ADVANTAGE BECAUSE I WORKED IN THE SCHOOL.

THAT'S WHAT WAS TOLD TO ME.

I'M SORRY YOU FEEL THAT WAY.

BUT I TOLD THE ORGANIZER, YOU NEED TO GET IN TOUCH WITH CITY COUNCIL AND SEND OUT AN INVITE.

SO WHEN I TOLD HER I WAS INTERESTED, I GUESS SHE SAID, THERE'S CITY COUNCIL.

SO SHE MADE US CITY COUNCIL, UH, AREA FOR US TO BE IN PARADE.

THE REST OF THAT'S ON YOU EVERY WEDNESDAY BEFORE THE FRIDAY HOMECOMING GAME, THAT'S THE ONLY HAPPENED.

SO NOW CAN WE MOVE ON FROM THIS PETTINESS? BECAUSE THAT'S ALL THAT IT IS.

DOES ANYBODY HAVE ANYTHING ELSE THEY'D LIKE TO SAY THAT'S ACTUALLY WORTH SOMETHING? I DON'T THINK IT'S BETTY, MARY, BUT I CERTAINLY APPRECIATE YOUR OPINIONS COMPLETELY PETTY.