Jun 12, 2023 City Council Meeting

UH, AGENDA ITEM FIVE EIGHT.

MOTION.

EXCUSE.

IS THERE A MOTION TO EXCUSE MR. SHAW? MR. OTTO, I MAKE A MOTION.

MS. MR. LYONS, UH, I SECOND WITH THE QUESTION.

QUESTION.

WAS MAYOR GORE NOT GOING TO BE EXCUSED OR IS THAT GONNA BE A SEPARATE MOTION? NO, WE COULD, WE CAN LUMP 'EM TOGETHER.

WELL, SO ANITA, WOULD YOU LIKE TO AMEND YOUR I WILL AMEND TO ADD MAYOR WARD TO THAT.

OKAY, GREAT.

THANK YOU, MRS. KITCHEN.

THANK YOU MR. LY.

YES, MR. LY.

I'LL SECOND.

THANK YOU MR. WILLIAMS. I APPRECIATE YOU.

PRESENTATION ANNOUNCEMENTS.

MOVE TO PAUL.

JUST CALL ROLL.

IF THERE'S NO OTHER DISCUSSION, I'LL, YES.

[00:05:01]

ITEM FIVE, A CITY COUNCIL MEETING.

MINUTES MAY 22ND, 2023.

ANY OBJECTIONS TO THOSE THAT ARE DISTRIBUTED? ANY AMI AMENDMENTS, THOUGH NO CORRECTIONS OR MINUTES WILL STAND AS APPROVED.

NEXT'S ITEM, SPECIAL

[ Special Recognition Mayoral Proclamation Presentation To Al Bailey, Board Member And President, Honor Flight Dayton - Mayor Jeff Gore]

UH, FIRST UP, ITEM SIX, A SPECIAL RECOGNITION MARIAL PROCLAMATION PRESENTATION TO MR. AL BAILEY, BOARD MEMBER AND PRESIDENT OF HONOR FLIGHT DAYTON BY VICE MAYOR KATHLEEN DAYTON.

THE CITY OF HUB RIGHTS, MAYORAL PROCLAMATION, SPECIAL RECOGNITION FOR SIGNIFICANT ACHIEVEMENT, WHEREAS THE CITY OF HUB RIGHTS WISHES TO EXPRESS ITS APPRECIATION AND ADMIRATION FOR A VERY SPECIAL INDIVIDUAL WHO IS MOST WORTHY AS HIGHEST MARK OF MARK FAVOR.

AND WHEREAS THE SPECIAL RECOGNITION FOR SIGNIFICANT ACHIEVEMENT IS AN AWARD TO INDIVIDUALS IN THE COMMUNITY WHO HAVE BROUGHT GREAT CREDIT TO THEMSELVES AND HONORED TO THE COMMUNITY BY ACHIEVEMENT OF SUCH MAGNITUDE AS TO WARRANT SPECIAL RECOGNITION.

AND WHEREAS THIS HONOR IS RESERVED FOR THOSE INSTANCES WHERE THE CITY OF HUBER HEIGHTS IS PLACED IN HIGH ESTEEM AS A RESULT OF THE, OF THE ACCOMPLISHMENTS OF THOSE SELECTED TO RECEIVE THIS AWARD.

AND WHEREAS THAT CITY OF HUBER HEIGHTS WISH TO RECOGNIZE AL BAILEY FOR 16 YEARS OF DEVOTED SERVICE TO THE MIAMI VALLEY COMMUNITY AND BEYOND HONORING ALL MEMBERS OF UNITED STATES MILITARY CURRENT FORMER AND RETIRED.

AND WHEREAS AL BAILEY GRADUATED WITH THE BS NIMS DEGREES IN AERONAUTICAL ENGINEERING AND HAS SERVED WITH THE US ARMY IN VIETNAM IN 1967.

IN 1971, HE SERVED AS A CIVILIAN ENGINEER WITH THE US NAVY, INVOLVED WITH TESTING EJECTION SEAT SYSTEMS AND SURVIVAL EQUIPMENT FOR FUTURE NAVY AIRCRAFT.

IN 1974, AL BAILEY MOVED TO DAYTON, OHIO TO WORK AT WRIGHT PATTERSON AIR FORCE BASE IN DESIGN AND ACQUISITION OF VARIOUS US AIR FORCE AIRCRAFT SUCH AS THE F 15, F 16 FIGHTERS, B ONE AND B TWO BOMBERS AND THE A 10 ATTACK AIRCRAFT.

AFTER 29 YEARS IN SUPPORT OF THE US GOVERNMENT DEFENSE INDUSTRY, HE RETIRED 2003, BUT CONTINUED TO WORK AS A DEFENSE INDUSTRY CONSULTANT UNTIL 2008.

WHEREAS IN 2007, AL BAILEY BECAME THE DIRECTOR OF HONOR FLIGHT, DAYTON HUB, AND RESPONSIBLE FOR COORDINATING AND LEADING ALL OF THE FLIGHTS IN 2008 DUE TO THE FACT THAT INTEREST IN HONORED FLIGHT WAS RAPIDLY GROWING, AL BAILEY BECAME A REGIONAL DIRECTOR COVERING 25 STATES IN HELPING VARIOUS CITIES START LOCAL HONORED FLIGHT HUBS.

AND WHEREAS AL BAILEY AS A BOARD MEMBER AND PRESIDENT OF HONOR FLIGHT DATING AND CONTINUES TO HELP OTHER HUBS WITH FLIGHTS AS REQUESTED, HAS LED 172 HONOR FLIGHT TRAILS FROM 14 STATES AND STARTED 2024 NEW HONOR FLIGHT HUBS FROM ACROSS THE UNITED STATES AND WAS ESCORTED OVER 11,500 VETERANS TO WASHINGTON, DC TO SEE THE MEMORIALS BUILT IN THEIR HONOR.

AND WHEREAS AL AL BAILEY WAS INTRODU INDUCTED IN THE OHIO VETERANS HALL OF FAME IN 2022.

NOW, THEREFORE, I KATE BAKER, VICE MAYOR COOPER HEIGHTS, OHIO DO HEREBY EXTEND OUR VERY BEST WISHES FOR HEALTH, HAPPINESS, AND CONTINUED SUCCESS TO MR. ALVA, BE IT FURTHER RESOLVED THAT THIS RECOGNITION BE SEALED BY PRESENTING THIS HONORED INDIVIDUAL A CITY HI, CITY OF HUBER HEIGHTS COIN AS A TOKEN OF OUR ESTEEM IN WITNESS THERE TOO, I ACCEPT MY HAND ACROSS THE SEAL.

THE CITY OF HUBER HEIGHTS.

WE FIXED THIS 25TH DAY OF JUNE, THE YEAR OF OUR LORD IN 2023.

THANK YOU SO MUCH FOR YOU.

ALL RIGHT.

YOU WANNA STAY A FEW? SURE.

WE LUCK PLEASE.

JUST HERE, HERE.

WELL, FIRST OFF, I WANT TO THANK YOU ALL DOING SOMETHING LIKE THIS, NOT LIKE MYSELF WITH THE BOARD MEMBERS.

AND WE'VE GOT SO MANY VOLUNTEERS THAT ARE HELPING US ALL THE TIME AND, UH, ALL OF US ARE VOLUNTEERS.

WE'RE DOING IT FROM THE LOVE OF OUR HEART AND WHAT US DOING FOR THE VETS IN OUR COMMUNITY.

AND UH, YEAH, I'VE DONE 171 TRIPS, BUT EVERY EVERY TRIP IS UNIQUE.

SOMETHING UNIQUE HAPPENS THEM ON EVERY SINGLE ONE OF THEM.

AND WE'RE, WE'RE GONNA GO STRONG.

[00:10:01]

WE'RE STILL GONNA CONTINUE.

WE, WHEN WE FIRST GOT STARTED, WE WOULD TAKE ONLY WORLD WAR II VETS AND THEY, BECAUSE OF THEIR AGE, WE GOTTA GET THE, WE HAD A BIG MISSION.

AND IT'S INTERESTING NOW, AFTER DOING THIS, THIS ACTUALLY MY 17TH YEAR DOING IT, NOW WE'RE THE MOST OF EM TAKING ARE ALL VIETNAM VETS.

AND THEY'VE WAITED FIVE DECADES NOW TO GO TO SEE THEIR MEMORIALS.

AND UH, IT'S, IT'S DEFINITELY COMING FROM OUR HEART.

WE'RE GONNA CONTINUE.

WE DID ONE IN THE SPRING, WE'VE GOT ANOTHER ONE.

WE HAVE TO GO INTO LARGER AIRPLANE THIS FALL TO TAKE MORE VETS AT A TIME.

SO WE'RE GONNA GO STRONG AND WITH THE SUPPORT OF THE COMMUNITIES LIKE THIS, WE COULDN'T DO IT.

AND LIKE FOR EXAMPLE, THE PLANE WE'RE RENTING ON THIS FALL IS $86,000 ALONE AND THE VETS ARE ALL GONNA TRAVEL FOR YOU.

THEY'VE GIVEN ENOUGH TO WE WANNA PAY THEM BACK FOR.

SO I JUST WANNA SAY THANK YOU ALL TO THE COMMUNITY HERE IN HEIGHTS AND THE SUPPORT OF ALL YOU FOR WHAT YOU'RE DOING FOR US.

WE COULDN'T DO IT WITHOUT THAT.

SO THANK YOU VERY MUCH.

THANK YOU AGAIN.

OKAY,

[ Announcement: The City Is Required To Make A Public Notice And Announcement Of The Final Cost To Property Owners Of The 2023 Sidewalk Program Prior To Beginning The Assessment Process. The 2023 Sidewalk Program Is Complete And The Final Cost For Property Owners Is $95,439.35.]

ITEM SIX B ANNOUNCEMENT ITEM SIX B ANNOUNCEMENT.

THE CITY IS REQUIRED TO MAKE A PUBLIC NOTICE AND ANNOUNCEMENT OF THE FINAL COST TO PROPERTY OWNERS OF THE 2023 SIDEWALK PROGRAM PRIOR TO BEGINNING THE ASSESSMENT PROCESS.

THE 2023 SIDEWALK PROGRAM IS COMPLETE AND THE FINAL COST FOR PROPERTY OWNERS IS $95,439 AND 35 CENTS.

[7. Citizens Comments]

ITEM SEVEN CITIZENS COMMENTS.

DO WE HAVE ANY CITIZENS COMMENTS? WE DO.

WE HAVE SEVERAL THIS EVENING.

WE'LL START OFF WITH, UM, MS. JANE DIETER.

THANK YOU FOR COMING BACK TONIGHT.

, I'M JANE DIETER OF 88 70 DAVID GATE DRIVE.

UM, I'D LIKE TO ADDRESS MEMBERS OF THE HUBER HEIGHTS CITY COUNCIL, OTHER CITY OFFICIALS AND MEMBERS OF THE PUBLIC HERE TONIGHT.

AS A MEMBER OF THE HUBER HEIGHTS AMATEUR RADIO CLUB, I WISH TO CORDIALLY, ENOU OR INVITE CITY OFFICIALS AND PEOPLE FROM THE GENERAL COMMUNITY TO MEET WITH AMATEUR RADIO OPERATORS FROM THE HUBER HEIGHTS AMATEUR RADIO CLUB AT CROTON WOOD PARK, 6,000 FISHBURG ROAD AS WE HOLD OUR ANNUAL FIELD DAY EVENT ON JUNE 24TH AND JUNE 25TH, 2023.

THIS IS A NATIONAL FIELD DAY FOR AMATEUR RADIO ENTHUSIASTS THROUGHOUT THE COUNTRY.

RADIO OPERATORS OR HAMS IS WORD CALLED WE'LL BE SETTING UP PORTABLE RADIO EQUIPMENT IN AN UNUSUAL LOCATIONS AND MAKING CONTACT WITH OTHERS TO PRACTICE OUR EMERGENCY COMMUNICATIONS CAPABILITIES IN DISASTERS.

HAMS PROVIDE EMERGENCY COMMUNICATIONS FOR MANY GOVERNMENT AND CIVIC ORGANIZATIONS.

IN PAST YEARS, HAM RADIO OPERATORS HAVE MADE HEADLINES WITH THEIR WORK IN WILDFIRES, FLOODS, STORMS, TORNADOES, AND OTHER CRISES.

WE PROVIDE SUPPLEMENTAL COMMUNICATIONS WHEN NORMAL SYSTEMS ARE RENDERED INOPERABLE OR OVERLOADED.

WE ALSO PROVIDE SERVICES FOR COMMUNITY EVENTS SUCH AS THE AIR FORCE MARATHON.

SO WE INVITE YOU TO COME OUT TO COTTONWOOD PARK ON SATURDAY, JUNE 24TH AND CHECK US OUT, SEE THE KIND OF EQUIPMENT WE USE IN EMERGENCY COMMUNICATIONS.

YOU CAN EVEN GET ON THE AIR AND CONTACT A RADIO OPERATOR IN ANOTHER COUNTY OR STATE.

WE'LL HAVE OTHER HANDS-ON RADIO ACTIVITIES THAT ANYONE CAN ENJOY.

SO AGAIN, THAT'S FUEL DAY AT COTTONWOOD PARK.

THE BEST TIME TO COME TO CHECK US OUT IS BETWEEN TWO AND 10:00 PM ON SATURDAY, JUNE 24TH.

THANK YOU AND HOPE TO SEE YOU.

NEXT UP WE HAVE BETH VAN HERE.

ANNEXATION AGREEMENT WAS WRITTEN IN CONJUNCTION WITH THE EXPEDITED TYPE TWO ANNEXATION PETITION FOR 260 ACRES THAT WAS APPROVED BY THE MIAMI COUNTY COMMISSIONERS IN NOVEMBER, 2022.

UM, I'M BETH VAN HERRON.

I'M A BETHEL TOWNSHIP TRUSTEE AND I JUST WANTED TO CLEAR THE AIR.

THERE'S BEEN A LOT OF STUFF ON SOCIAL MEDIA.

IN FACT, OUR SOCIAL MEDIA ACCOUNT THAT SOME OF YOUR COUNCIL MEMBERS HAVE POSTED, SADLY THOSE TWO ARE NOT HERE AND NEITHER IS YOUR INTERIM CITY MANAGER.

BUT I JUST WANTED TO GO OVER THE FACTS AS THEY HAPPEN SO THAT WE'RE ALL ON THE SAME PAGE.

UM, ON MAY 23RD, THE BETHEL TOWNSHIP TRUSTEES VOTED UNANIMOUSLY TO PASS AN ANNEXATION AGREEMENT WITH THE CITY OF HUBER HEIGHTS.

THIS

[00:15:01]

THIS AGREEMENT WAS SEVERAL MONTHS IN THE MAKING.

TWO IN-PERSON MEETINGS WERE HELD AT HUBER HEIGHTS.

ATTORNEYS FOR BOTH SIDES WERE PRESENT.

THE GENTLEMAN HERE WAS PRESENT, UM, AS WAS YOUR INTERIM CITY MANAGER AND NO OFFENSE, BUT I CAN NEVER PRONOUNCE HIS NAME CORRECTLY.

SO I'M JUST GONNA KEEP SAYING INTERIM CITY MANAGER BRIAN, BUT I NEVER GET THE LAST NAME RIGHT.

UM, OUR TOWNSHIP ADMINISTRATOR AND MYSELF.

AND PER THE REQUEST OF HUBER HEIGHTS, OUR ATTORNEY CRAFTED THE DOCUMENT.

OUR TOWNSHIP ADMIN ADMINISTRATOR AND YOUR INTERIM CITY MANAGER HAD MULTIPLE PHONE CONVERSATIONS.

AS THE AGREEMENT PROGRESSED AND DURING THIS TIMEFRAME, THE BETHEL TOWNSHIP TRUSTEES HELD, HELD SEVERAL EXECUTIVE SESSIONS SO THAT WE COULD ALL DISCUSS OUR CONCERNS ABOUT THE AGREEMENT AS THE DOCUMENT WAS FINALIZED AND THE TERMS AND CONDITIONS AGREED UPON BY BOTH SIDES.

HUBER HEIGHTS REQUESTED THAT THE TOWNSHIP PASSED THE ANNEXATION AGREEMENT FIRST AND THEN HUBER HEIGHTS WOULD PASS IT AT THEIR NEXT MEETING.

IN THIS AGREEMENT, IT STATES, PER THE REQUEST OF HUBER HEIGHTS, THAT QUOTE, THE TOWNSHIP AGREES TO SUPPORT THIS CURRENT ANNEXATION BASED UPON THE CITY AGREEING TO AN ANNEXATION MORATORIUM AS SET FORTH IN THIS AGREEMENT.

AS YOU ALL KNOW, THE BETHEL TOWNSHIP TRUSTEES DO NOT SUPPORT ANNEXATION.

HOWEVER, IN EXCHANGE FOR A MORATORIUM, WE WERE WILLING TO SWALLOW A VERY BITTER PILL AND SIGN A DOCUMENT STATING THAT SUPPORT.

NOW HERE WE ARE TWO WEEKS AND A LOT OF FINGER POINTING LATER, EVIDENTLY FOR VARIOUS POSTS ON OUR SOCIAL MEDIA.

NOT ALL OF YOU WERE MADE AWARE OF THIS AGREEMENT, SO LET ME JUST GIVE YOU THE BULLET POINTS.

UM, AND WE DID SEND A COPY OF THAT AGREEMENT TO YOUR ATTORNEY.

I AM ASSUMING HE FORWARDED IT TO THE APPROPRIATE PEOPLE, BUT IF NOT, IT'S PUBLIC.

SO YOU CAN REQUEST IT OR I CAN SEND YOU A COPY.

YOU DON'T EVEN HAVE TO REQUEST IT IN WRITING.

SO HERE'S THE BULLET POINTS.

UM, BETHEL TOWNSHIP AGREES TO SUPPORT THE CURRENT PROCESS OF THE EXPEDITED TYPE TWO ANNEXATION PETITION OF 260 ACRES.

HUBER HEIGHTS AGREES TO CONFORM THE BOUNDARIES OF THE 260 ACRES, WHICH ENSURES THAT FUTURE RESIDENTS IN THAT AREA DO NOT VOTE IN TOWNSHIP ELECTIONS OR HAVE TO PAY TOWNSHIP PROPERTY TAXES.

BETHEL TOWNSHIP AGREES TO REMOVE THE TIFFS THAT ARE ON THE PARCELS.

HUBER HEIGHTS WILL PROVIDE FIRE AND E M S AND POLICE SERVICES TO THE AREA.

BETHEL TOWNSHIP AGREES NOT TO SEEK REPARATIONS FOR THE, UH, FOR THE PARCELS.

THAT'S A NEW THING.

SINCE THE LAST TIME PROPERTY WAS ANNEXED, WHICH WAS 2003, UH, THE 2000 RULE SIX RULES, THERE'S A 12 YEAR SCHEDULE OF REPARATIONS FOR THAT LAND THAT YOU WOULD HAVE TO PAY BETHEL TOWNSHIP.

UM, AND THEN FINALLY, UM, HUBER HEIGHTS AGREES TO NO ANNEXATION NORTH OF US 40 WEST OF STATE ROUTE TWO OH TWO, WHICH WE CALL TWO OH TWO.

YOU CALL TROY PIKE AND EAST OF STATE ROUTE 2 0 1 I E GRANT PIKE FOR A PERIOD OF 50 YEARS.

UM, THIS AGREEMENT IS A WIN-WIN.

UH, HUBER GETS THE ADDITIONAL HOMES AND THE INCOME TAX DOLLARS THAT GO WITH IT.

OUR TOWNSHIP ROADS AND SCHOOL DISTRICT HAVE TO ABSORB THE INITIAL INCREASE IN TRAFFIC IN STUDENTS, BUT THERE IS AN END TO THE CONTINUAL DEVELOPMENT FOR A PERIOD OF 50 YEARS.

UM, ORGANIZATION LAWS IN THE STATE OF OHIO ARE NOT A WIN-WIN.

THEY ARE A WIN FOR THE MUNICIPALITY AND A LOSE FOR THE TOWNSHIP.

EVERY SINGLE ONE OF YOU HAS SAID AT ONE TIME OR ANOTHER, WE WANT TO BE A GOOD NEIGHBOR.

UM, WHETHER YOU DECIDE TO VOTE ON THIS OR NOT, THIS ANNEXATION PETITION IS NOT GOING AWAY.

UH, WE JUST RECENTLY LEARNED THAT ANOTHER 35 ACRES IN OUR TOWNSHIP IS UNDER CONTRACT, THE SAME EXACT DEVELOPER OF THIS 260 ACRES.

UM, SO WHAT I ASK IS THAT NEXT TIME YOU GUYS DECIDE YOU THINK YOU WANT TO WORK ON AN ANNEXATION AGREEMENT WITH ANYBODY, DOESN'T JUST HAVE TO BE US.

PERHAPS YOUR CHANNELS OF COMMUNICATION COULD BE BETTER SO THAT WE DON'T TAKE A HUGE HIT AND LOOK AND THEN GET BLASTED ON SOCIAL MEDIA FOR SOMETHING THAT WE KNOW WE WORKED WITH YOUR COMMUNITY ON.

AND THEN YOUR COMMUNITY SAYS, OH NO, YOU ABSOLUTELY DIDN'T.

THE WOMAN HAS A HAM RADIO.

MAYBE THAT'S A GREAT WAY TO GET THE COMMUNICATION CHANNELS GOING.

ANYWAY, THANK YOU VERY MUCH.

HAVE A GOOD EVENING.

WHO ADDRESSED THIS COUNCIL RELATING HER SCHOOL EXPERIENCE.

NEXT UP WE HAVE, UH, MR. JEFF MORFORD.

GOOD EVENING.

JEFF MORFORD, MIAMI COUNTY BETHEL TOWNSHIP.

I'M SORRY I MISSED THE LAST HUBER HEIGHTS CITY COUNCIL MEETING.

IT SEEMS A NICE GROUP OF CITIZENS WHO WERE CONCERNED WITH THE ANNEXATION DEVELOPMENT OF 260 ACRES LOCATED IN MIAMI COUNTY.

BETHEL TOWNSHIP HAS NEGATIVE EFFECT ON OUR TRAFFIC, OUR WAY OF LIFE, AND THE EFFECTS ON OUR BETHEL SCHOOL AND ITS STUDENTS WATCHING THE RECORDED MEETING.

I WAS VERY IMPRESSED WITH THE YOUNG LADY WHO WAS A SEVENTH GRADER AT BETHEL

[00:20:01]

HER STATEMENTS WERE NOT ENCUMBERED WITH POLITICAL WRANGLING, FINANCIAL BUDGETS, TAX QUESTIONS, ET CETERA.

JUST HER THOUGHTS AS THEY RELATED TO AN OVERCROWDED SCHOOL.

I WOULD LIKE THINK HER SCHOOLMATES WOULD ECHO HER STANCE.

I WOULD LIKE TO SUGGEST THAT YOU CONTACT A FEW OF THE BETHEL SCHOOL TEACHERS AND ASK THEM THEIR OPINION AS IT RELATES TO THE PREVIOUSLY ANNEXED AND DEVELOPED BETHEL TOWNSHIP PROPERTY WITH HUNDREDS OF STUDENTS ATTENDING BETHEL SCHOOLS.

THEN RELATE TO THEM THAT YET ANOTHER THOUSAND HOMES WILL BE BUILT.

AND THE STUDENTS WILL GO TO BETHEL, ASK THEM IS IF THIS IS A GOOD THING OR YET ANOTHER PROBLEM FORCED DOWN THEIR THROATS.

I'VE HAD VERY LITTLE CONVERSATION WITH ANY OF THE CITY COUNCIL MEMBERS HERE.

I HAVE NO IDEA WHAT THEIR ATTITUDE IS OR WHAT THEIR VOTE WILL BE WHEN IT COMES TO ANNEXATION.

I CAN ONLY HOPE AND PRAY THAT THEY ARE AGAINST THE ANNEXATION AND DEVELOPMENT.

I READ AN EMAIL FROM THE MAYOR OF HUBER HEIGHTS.

UH, I HAVE EMAILED ALL THE HUBER HEIGHTS CITY COUNCIL AND INFORMED THEM THAT GIVEN THE MAKEUP OF THIS COUNCIL, I WILL NOT BE BRINGING FORTH ANY AGENDA ITEMS RELATED TO ANNEXATION.

THIS INCLUDES THE ANNEXATION AGREEMENT PASSED BY THE BETHEL TOWNSHIP TRUSTEES AND ANNEXATION LEGISLATION ITSELF.

I'M HOPING WITH THIS RESPONSE, LET'S SEE, I READ THAT EMAIL.

I'M HOPING WITH YOUR PERSONAL EXPERIENCE RELATING TO THE CITY COUNCIL KNOWLEDGE OF THEIR ATTITUDES, IDEAS AS SCHOOLS, TRAFFIC EXPANSION BEING A GOOD NEIGHBOR, COMMUNITY BORDERS, PROPERTY LINES, ET CETERA, THAT YOU REFERENCE TO MAKEUP OF THIS, THIS COUNCIL YOU'RE REFERRING TO WAITING UNTIL THE MEMBERS THAT YOU FEEL WOULD VOTE FOR THE ANNEXATION WHO WOULD VOTE FOR THE DEVELOPMENT OF 260 ACRES LOCATED IN BETHEL TOWNSHIP, WHO WOULD FURTHER BURDEN THE SMALL SCHOOL DISTRICT WITH YET AGAIN HUNDREDS OF NEW STUDENTS THAT EVEN YOUR VAST SCHOOL SYSTEM IN COMPARISON WOULD STRUGGLE WITH.

WHO WOULD VOTE TO PLACE BURDENS ON YOUR NEIGHBORS, ROADS, POLICE AND FIRE, WHO WOULD VOTE FOR LIMITING THE GOVERNING AUTHORITY OF MIAMI COUNTY AND BETHEL TOWNSHIP? SO WHEN YOU SAY THE CURRENT MAKEUP, I HOPE YOU ARE REFERRING TO WAITING FOR THOSE WHO WOULD VOTE YES TO THIS ANNEXATION DEVELOPMENT ARE RETIRED, QUIT OR LOSE AN ELECTION, AND ARE REPLACED WITH GOOD NEIGHBORS CONCERNED ABOUT TAKING CARE OF THEIR CITY, THEIR SCHOOL, THEIR TRAFFIC, THEIR GROWTH WITHIN THE CITY BORDERS, THEIR CITY'S HEALTH AND SAFETY.

THIS ANNEXATION ISSUE CAN BE PUT ON THE BACK BURNER FOR NOW, BUT IT'S NOT GOING AWAY NOR THE RESULTING PROBLEMS. THIS ANNEXATION IS NOT SOMETHING THAT BOTH COMMUNITIES SUPPORT.

IT EVEN SEEMS THAT THERE ARE MANY WITHIN YOUR CITY WHO ARE OPPOSED TO THIS ANNEXATION DEVELOPMENT.

AS ALWAYS, I LEAVE YOU WITH DO UNTO UNTO OTHERS AS YOU WOULD HAVE THEM DOING UNTO UNTO YOU.

THANKS FOR YOUR TIME STEP.

WE HAVE DONNA HUGHES, IF YOU PLEASE COME TO THE PODIUM.

MY NAME IS DONNA HUGHES.

I LIVE IN BETHEL TOWNSHIP AND I APPLAUD HUBERT AS A PRIOR GREAT NEIGHBOR THAT WE HAD.

I LOVE SHOPPING HERE, BUT I NO LONGER SHOP ON 2 0 2 AND I 70 BETWEEN THE HOURS OF FOUR AND NINE OR SATURDAYS AND SUNDAYS BECAUSE OF THE TRAFFIC THAT I'M HOPING THAT WE WILL NOT HAVE ON US 40.

I WAS GLAD THAT HUBER WAS INCORPORATED BY THE CITY OF DAYTON CUZ I WANTED THEM TO STOP THEIR IMMORAL ANNEXATION TO ADD TO YOUR DILEMMA.

AND I'M ALSO ASKING HUBER HEIGHTS NOT TO ANNEX ANY LAND THAT IS IN BETHEL TOWNSHIP.

PLEASE BUILD IN YOUR OWN TOWNSHIP BECAUSE WE HAVE A RELATIONSHIP WITH OUR PEOPLE, OUR STUDENTS.

WE HAD AN ALUMNI BANQUET THAT PEOPLE COME BACK TO THEIR SCHOOL AFTER 50 AND 60 YEARS.

WE HAD ONE GUY GRADUATED IN 1943, CAME TO THE ALUMNI BANQUET BECAUSE OF THE FRIENDSHIP THEY LIVED TO AND THE GENERATIONS OF PEOPLE.

AND WE LIKE NEW PEOPLE.

WHEN THE OTHER GENTLEMAN RIGHT BEFORE WE TALKED ABOUT THE, UH, TEACHERS, ONE TEACHER HAS FOUR DIFFERENT LANGUAGES.

SHE HAS TO TEACH IN FOUR.

[00:25:03]

AND HOW DO YOU TEACH ANYONE WHEN THE OTHER THREE PEOPLE ARE WAITING TO BE TRANSLATED TO? I ALSO FEEL THAT THAT LAW THAT WAS PASSED IN 2003 WAS AN IMMORAL LAW BECAUSE IT TOOK AWAY FROM THE TOWNSHIP, WHICH YOU HAD VERY LITTLE REPRESENTATION TO THE MIS MUNICIPALITIES WHO HAD GREATER DENSITY.

AND THAT IS, AND I HAVE A BOOK CALLED THE LESSER MISRATE THAT I WOULD LIKE TO HAVE PEOPLE TO READ WHERE WE LEARNED ABOUT IMMORAL LAWS.

EVEN THOUGH IT'S LEGAL, IT'S AN IMMORAL ONE FOR THOSE WHO ARE IN THE TOWNSHIP.

AND THAT'S IT.

SO I'M ASKING YOU TO BE THE GOOD NEIGHBOR THAT I WAS SO THRILLED THAT, THAT DAYTON WAS NOT TO YOU, THAT YOU WERE ABLE TO STOP THEM.

I'M HOPING THAT YOU WILL STOP ANNEXING OUR LAND.

AND LAST UP WE HAVE JANELLE SMITH, IF YOU PLEASE COME DOWN AGAIN.

HI, I'M JANELLE SMITH AND I LIVE IN HUBER HEIGHTS IN WARD TWO.

I AM HERE TO SPEAK DIRECTLY TO THE RESIDENTS OF HUBER HEIGHTS IN BETHEL TOWNSHIP AND TO OUR COUNCIL IF THEY'RE WILLING TO LISTEN.

UM, I'D LIKE TO READ A POST THAT THE MAYOR PUT OUT A COUPLE YEARS AGO, AND IF YOU WANT A COPY OF THAT, IT'S, IT'S OUT THERE.

AND THIS IS, UM, IN REFERENCE TO THE ANNEXATION MAYOR JEFF GO SAYS, I WOULD NO WAY, SHAPE, OR FORM RECOMMEND TO CITY COUNCIL THAT WE SHOULD ENTER INTO AN AGREEMENT TO ANNEX ANY PROPERTY UNTIL WE HAVE HAD THE OPPORTUNITY TO DO OUR OWN DUE DILIGENCE.

I'M EXPECTING A COST BENEFIT ANALYSIS TO BE DONE SO THAT WE CAN KNOW FOR SURE THAT THIS MAKES FINANCIAL SENSE RIGHT NOW.

NOW, THIS WAS TWO YEARS AGO, RIGHT NOW, AS OF SEPTEMBER 15TH, WE DON'T KNOW THAT HUBER HEIGHTS HAS SEEN TREMENDOUS FINANCIAL GROWTH OVER THE LAST FOUR YEARS.

AND OUR CREDIT RATING AS A CITY WAS JUST INCREASED DURING THE WORLDWIDE PANDEMIC.

AND THERE'S NOT EVEN A REMOTE POSSIBILITY.

WE WOULD, WE WOULD TAKE A CHANCE AT RISKING THE GAINS WE HAVE WORKED SO HARD TO MAKE AND THERE'S NO WAY WE WOULD MOVE FORWARD ON ANY ANNEXATION PROPOSED WITHOUT THOROUGHLY VETTING EVERY SINGLE ASPECT TO THIS.

SO I'VE BEEN WAITING, I'VE BEEN ASKING, AND I'M NOT HEARING WHAT I SHOULD BE HEARING FROM OUR ELECTED OFFICIALS.

SO WE DID OUR OWN PUBLIC RECORDS REQUEST AND RIGHT HERE IT IS, IT'S A DENIAL OR NO DENIAL IS A DENIAL ON A COST BENEFIT ANALYSIS TO SAY THAT WE CAN AFFORD THE OFFICERS.

LOOK HOW MANY LEOS WE HAVE HERE.

LAW ENFORCEMENT OFFICERS THAT ARE HERE WORK IN THEIR BUTT OFFS THAT ARE DOING MANDATORY OVERTIME THAT ARE UNDERSTAFFED.

AND LET'S TALK ABOUT UNDERSTAFFING BECAUSE IN 2002 WE GOT A REPORT.

EVERYBODY ON THAT DIET HAS GOT THE REPORT.

WE ARE SO UNDERSTAFFED TODAY.

WE'VE GROWN, WE MAY NOT HAVE GROWN IN SQUARE MILEAGE, BUT WE HAVE GROWN IN NEIGHBORHOODS.

AND ACTUALLY I SHOULDN'T SAY WE'VE GROWN IN IN SQUARE MILES YET BECAUSE YOU'RE ABOUT READY TO ADD ANOTHER 260 AN UM, ANEX PLANT OF ACRES.

SO HOW IS THAT FAIR FOR NOT ONLY THE RESIDENT BUT OUR POLICE OFFICERS WHO ACTUALLY WORK THE STREETS THAT WORK THE BEATS, WE'RE GONNA ASK THEM WITHOUT HIRING MORE PERSONNEL.

BECAUSE YOU CAN'T DO THAT IN A LEVEE TO, TO COVER MORE AREA WHEN THE RESOURCES RIGHT NOW AREN'T WHERE THEY SHOULD BE.

UM, I JUST WANT THE PEOPLE TO KNOW THAT YOU GUYS ARE NOT DOING YOUR DUE DILIGENCE, THAT YOU'RE TELLING PEOPLE YOU ARE.

AND THAT'S NOT OKAY BECAUSE WHEN YOU PUT THEIR LIVES IN JEOPARDY, YOU PUT OUR LIVES IN JEOPARDY.

AND IT'S AND FOR WHAT A FRIENDS AND FAMILY PLAN.

I THINK THAT'S VERY RECKLESS.

AND I, I WOULD HIGHLY SUGGEST YOU NOT DO THIS ANNEXATION, BUT WE UNDERSTAND WHERE IT'S GOING.

WE UNDERSTAND THAT JEFF GORE, MAYOR GORE, EXCUSE ME, WANTS TO KICK IT DOWN UNTIL THE NEW COUNCIL COMES IN.

BUT WE'RE HERE TO TELL YOU THAT WE'RE GONNA HOLD YOU GUYS ACCOUNTABLE AND WE'LL HOLD THE NEW COUNCIL ACCOUNTABLE.

IF YOU WANNA WAIT SIX MONTHS AND DO IT AT THE 1ST OF JANUARY, WE'LL BE HERE WAITING THEN TOO.

NEXT ITEM NINE, CITY MANAGER REPORT.

MS. SNIS, WE ACTUALLY HAVE, YOU HAVE EIGHT.

SO IS THERE ANY CITIZENS TO REGISTER TO SPEAK FOR THE THERE NINE THIS EVENING? NICE TO MEET.

10 A ITEM 10 A, AN ORDINANCE AMENDING ORDINANCE NUMBER 2022 DASH OH DASH 25 62 BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUBER HEIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2023 AND ENDING DECEMBER 31ST, 2023 AT THE SECOND READING.

OKAY, ITEM NINE, THE CITY MANAGER REPORT.

MRS. NICELEY.

THANK YOU VICE MAYOR.

NO, NO REPORT THIS EVENING.

THANK YOU MRS. NICELEY.

ITEM

[ An Ordinance Amending Ordinance No. 2022-O-2562 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2023 And Ending December 31, 2023. (second reading)]

SO THIS IS THE SECOND

[00:30:01]

READING.

IT IS.

DO WE HAVE A MOTION? WE HAVE A MOTION TO MRS. BERG.

A MOTION TO ADOPT.

DO WE HAVE A SEC MR. WEBB? I WILL.

SECOND.

THANK YOU MR. WEBB.

DISCUSSION.

ANY DISCUSSION? ANY QUESTIONS? OKAY.

SEEING NONE, WE'LL PROCEED.

[ A Resolution Authorizing The Adoption Of A Modified City Benevolence Policy And Authorizing The Expenditure Of City Funds For Such Purposes. (first reading)]

UM, NEW BUSINESS ITEM 11.

A ITEM 11 A.

A RESOLUTION AUTHORIZING THE ADOPTION OF A MODIFIED CITY BENEVOLENCE POLICY AND AUTHORIZING THE EXPENDITURE OF CITY FUNDS FOR SUCH PURPOSES AT THE FIRST READING.

AND WE'RE READY TO READ THIS.

WE'RE GOING TO VOTE ON THIS OR PASS IT UNDER A SEPARATION.

SO ANY DISCUSSION, ANY DISCUSSION, AND THEN I'D GIVE THE REPORT.

ANY QUESTIONS? OKAY.

SO THIS, THIS IS, UH, JUST A RESOLUTION WE DISCUSSED AT THE COUNCIL WORK SESSION TO MAKE SOME MODIFICATIONS OF THE EXISTING, UH, CITY BENEVOLENCE POLICY.

AND, UH, THOSE CHANGES WERE REVIEWED IN DETAIL AT THE COUNCIL WORK SESSION.

UM, STAFF IS REQUESTING, UH, ADOPTION OF THIS RESOLUTION THIS EVENING.

MR. WEBB MOVE TO ADOPT MRS. BERG DECK.

MAY 1ST AND A SECOND.

MR. RIDERS? MRS. BURGE? YES.

HE PASSES SIX, SIX TO ZERO.

THAT'S AMAZING.

UM, ITEM 11

[ An Ordinance To Approve An Economic Development Plan And To State That The City May Hereafter Proceed With Approval Of A Tax Increment Financing Incentive District. (first reading)]

ITEM 11 B.

AN ORDINANCE TO APPROVE AN ECONOMIC DEVELOPMENT PLAN AND TO STATE THAT THE CITY MAY HEREAFTER PROCEED WITH APPROVAL OF A TAX INCREMENT FINANCING INCENTIVE DISTRICT AT THE FIRST READING.

IT'S FIRST READING.

SO KATIE, THANK YOU.

THIS LEGISLATION IS TO CREATE A RESIDENTIAL TIFFS DISTRICT AND IS RECOMMENDED TO MOVE TO A SECOND READING THIS EVENING.

THANK YOU, KATIE.

OKAY, WE'RE GONNA PASS THIS ON TO A SECOND.

READING.

DO YOU HAVE ANY DISCUSSION OR QUESTIONS? OKAY.

[ A Resolution Approving The City Of Huber Heights Five-Year Capital Improvement Plan For 2024-2028. (first reading)]

11 C.

ITEM 11 C, A RESOLUTION APPROVING THE CITY OF HUBER HEIGHTS FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR 2024 THROUGH 2028 AT THE FIRST READING.

MRS. NICELEY? YES.

THIS ITEM WAS DISCUSSED AT THE, UH, WORK SESSION.

THE C I P IS A FIVE YEAR OUTLOOK FOR THE ANTICIPATED CA CAPITAL PROJECTS AND IT WAS A RECOMMENDATION TO A ADOPT THIS ITEM TONIGHT.

ANY QUESTIONS? YES, MRS. KITCHEN.

AND LOOKING FURTHER IN THIS, UM, I WOULD LIKE TO MOVE IT TO A SECOND READING JUST BECAUSE THE INFRASTRUCTURE FOR WATER MAINS WAS AT 1.8, STILL NOT THE 4 MILLION WE HAD DISCUSSED.

AND ALSO, I DON'T THINK IT GAVE US TIME.

WE ASKED FOR A STUDY ABOUT ALL OF OUR PROPERTY AND WE ARE TAKING THAT STUDY THAT WE'VE JUST PAID FOR INTO ACCOUNT FOR THIS RIGHT NOW.

SO I WOULD LIKE TO MOVE IT TO A SECOND READING.

ANYBODY ELSE HAVE COMMENTS OR QUESTIONS? MR. CAMPBELL? UH, I COULD SUPPORT THAT AND PASS IT TO A SECOND.

READING.

MRS. BURGE, UH, WASN'T THIS TIED TO THE PASSAGE OF THE, UH, THE TAX? UM, IT IS BUDGET, IT IS, UM, AS MR. UH, BELL HAD BRIEFED AT THE COUNCIL WORK SESSION, IT COULD BE PASSED ON THE SAME NIGHT AS THE TAX BUDGET, WHICH IS SCHEDULED FOR, UM, JUNE 26TH COUNCIL MEETING.

UH, BUT IT WOULD HAVE TO BE PASSED PRIOR TO THE ADOPTION OF THE TAX BUDGET, BUDGET RESOLUTION AND, UH, ADDITIONAL TIME.

WELL, THERE'S TWO FACTORS HERE.

NUMBER ONE, THIS IS NOT A BUDGET, THIS IS A PROJECTION.

AND NUMBER TWO, THERE WOULD NOT BE TIME FOR ADDITIONAL, UH, STUDIES, UH, TO BE DONE BETWEEN NOW AND THE, AND THE 24TH.

SO, UM, BECAUSE IT'S NOT A BUDGET, I I WOULD NOT BE IN FAVOR OF MOVING IT TO A SECOND READING.

I DON'T KNOW WHAT WE CAN DO BETWEEN NOW AND THE 24TH.

YES, THIS, IT COULD BE CHANGED THE AMOUNTS AND BROUGHT TO THE WORK SESSION NEXT WEEK AND ALSO GIVES THEM TIME TO LOOK AT THE STUDY THAT WE JUST PAID MONEY FOR TO LOOK AT THIS BEFORE WE COME BACK TO ACTUALLY VOTE ON IT.

SO YOU WANNA STICK WITH YOUR MOTION, IS THAT RIGHT? I WANNA STICK WITH MY MOTION TO MOVE TO A SECOND READING.

MR. CAPABLE? YES, ME TOO.

SO TO GO TO A SECOND READING IT WOULDN'T NECESSARILY NEED A MOTION TO DO

[00:35:01]

SO.

UM, IN THIS CASE, IF THERE'S NO MOTION TO ADOPT WITH A SECOND, UM, THEN, UH, INSTEAD OF VOTING IT WOULD JUST AUTOMATICALLY GET PASSED TO A SECOND.

READING THAT ACCEPTABLE.

OKAY, WE'RE GONNA GO ON THE SECOND READING OF THAT ISSUE.

11 D, ITEM 11 D A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACQUIRE NEEDED RIGHT OF WAY DRAINAGE AND TEMPORARY EASEMENTS FOR THE ULTRA PIKE ROADWAY WIDENING PROJECT.

ITEM

[ A Resolution Authorizing The City Manager To Acquire Needed Right Of Way, Drainage, And Temporary Easements For The Old Troy Pike Roadway Widening Project. (first reading)]

AT THE FIRST READING, THIS IS NICELEY.

YES, THIS ITEM WAS DISCUSSED AT THE WORK SESSION.

THIS LEGISLATION WOULD AU WOULD AUTHORIZE THE ACQUI ACQUISITION OF EASEMENTS AND THE RIGHTS OF WAY NEEDED FOR THE OLD TROY PIKE, UM, WIDENING PROJECT.

AND IT WAS THE RECOMMENDATION AT THE WORK SESSION THAT THIS ITEM BE ADOPTED THIS EVENING.

THANK YOU MR. CAMPBELL.

MOTION TO ADOPT MRS. BURGE.

SECOND.

ANY QUESTIONS? SEEING NONE.

MR. ROGERS? MRS. KITCHEN? YES.

PASS THIS BY FIVE TO ONE, CORRECT? CORRECT.

OKAY, GREAT.

[ A Resolution Authorizing The City Manager To Enter Into Contracts For Sanitary Sewer Repair At Different Locations. (first reading)]

ITEM 11 E.

ITEM 11 E A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR SANITARY SEWER REPAIR AT DIFFERENT LOCATIONS AT THE FIRST READING.

OKAY, MRS. NICELY? YES.

AS DISCUSSED AT THE WORK SESSION, THIS AUTHORIZES THE CONTRACTS WITH DURST BROTHERS EXCAVATING AND CG CONSTRUCTION AND UTILITIES TO REPAIR THE SANITARY SANITARY SUITORS AT THE FIVE DIFFERENT LOCATIONS THAT WERE PROVIDED AT THE MEETING.

UM, IT WAS ALSO RECOMMENDED THAT THIS ITEM BE ADOPTED THIS EVENING.

DO WE HAVE A MOTION, MR. WEBB? SO MOVED.

I'LL SECOND IT.

ANY QUESTIONS OR COMMENTS? YES, MRS. KITCHEN.

I HAD A DISCUSSION WITH OUR CITY MANAGER ABOUT THIS.

UM, THIS IS SOMETHING I CAN GET FAIRLY BEHIND, BUT I THINK IT'S A LITTLE ODD THAT WE'RE GETTING IT AFTER THE FACT THAT THIS MONEY'S ALWAYS BEEN SPENT.

SO I THINK THAT WE NEED TO KIND OF DO BETTER AND MAKE SURE THAT THIS IS APPROVED BEFORE WE GO SPENDING THE MONEY.

ANYBODY ELSE HAVE COMMENTS? SEEING NONE, MR. ROGERS? NO? YES, MR. ROY? I DIDN'T SEE YOUR HAND.

I'M SORRY.

MY APOLOGIES.

UM, KATIE, I KNOW YOU MIGHT NOT KNOW THE ANSWER TO THIS.

IT WAS BROUGHT UP, UH, BY A CONSTITUENT ON THE SEWER LINING.

UM, THAT'S TO BE DONE WHERE THE PIPE IS BEING REPLACED.

DO YOU KNOW IF THE LINING WILL, UH, OCCUR WITHIN THE REPLACED PIPE AS WELL OR DO WE ONLY LINE EXISTING PIPE? I DO NOT KNOW THAT ANSWER.

I DIDN'T KNOW IF YOU WOULD OR NOT.

, SO.

ALL RIGHT.

THAT WAS MY ONLY QUESTION.

UH, I'M SURE WE CAN GET THAT FROM ROSS, SO, OKAY.

I'LL GET IT BACK TO YOU.

F ITEM 11 F A RESOLUTION REJECTING THE FACT FINDERS REPORT ASSOCIATED WITH THE COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF HUBER HEIGHTS AND THE FRATERNAL ORDER OF POLICE.

YOU HAVE A MO FIRST, A MOTION A SECOND.

[ A Resolution Rejecting The Fact Finder’s Report Associated With The Collective Bargaining Negotiations Between The City Of Huber Heights And The Fraternal Order Of Police, Gary Sherman Lodge 161. (first reading)]

GARY SHERMAN LODGE 1 61 AT THE FIRST READING.

IS THERE A MOTION? I'M SORRY, CARL.

MRS. NICELEY.

IT'S OKAY.

THIS LEGISLATION WAS DISCUSSED AT THE WORK SESSION.

THIS WOULD REJECT THE FACT FINDERS REPORT ASSOCIATED WITH THE COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY AND THE F O P.

UM, AND IT WAS RECOMMENDED, UH, THAT THIS ITEM BE ADOPTED THIS EVENING.

THANK YOU, MRS. NICELEY.

IS THERE A MOTION? MRS. BURGE? MOTION TO APPROVE? IS THERE A SECOND? I'M, UM, MOTION TO ADOPT.

FIRST AND SECOND, MR. LANE? YES.

YES.

THIS BE APPROVED TONIGHT AS DRAFTED, WHICH WOULD BE AGAIN, FOR A REJECTION OF, UH, THE FACT FINDERS REPORT.

VICE MAYOR.

UH, MR. MONTGOMERY, UH, DID YOU HAVE INFORMATION THAT WE CAN TALK ABOUT THIS EVENING REGARDING THIS? I KNOW WE HAD, UM, NEGOTIATIONS, UH, WITH THE F O P.

I ALSO KNOW WE'VE HAD EXECUTIVE SESSION.

SO WHAT IS IT WE'RE ABLE TO TALK ABOUT IN PUBLIC TONIGHT REGARDING THIS ISSUE? I CAN NEVER TELL YOU.

THERE WE GO.

UM, YEAH, SO ANYTHING THAT WAS DISCUSSED IN EXECUTIVE SESSIONS NOT PERMISSIBLE TO BE DISCUSS AN OPEN FORUM? UM, I BELIEVE, UH, MS. NISLEY, UH, ADDRESSED, UH, THE RECOMMENDATION OF LEGAL COUNSEL, LABOR COUNSEL.

THAT IS, UH, AND THE MEMO INDICATED THAT IT WAS BOTH THE RECOMMENDATION OF LEGAL COUNSEL AND THE CITY MANAGER, UH, THAT

[00:40:01]

UM, AS TO, UH, WELL, I GUESS WE SHOULD STOP THERE.

DID THAT ANSWER YOUR QUESTION, MR. LYONS? UH, PARTLY, UH, THE DETAILS THAT WE'RE ALLOWED TO DISCUSS REGARDING THE FACT FINDING, UM, DECISION, WELL, ANYTHING THAT WAS A RENDERING OF LEGAL COUNSEL, UH, WOULD BE A WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE THAT OBVIOUSLY SHOULDN'T BE DISCUSSED IN OPEN FORUM.

UM, SO I'M TRYING TO THINK OF THE BEST WAY TO ANSWER YOUR QUESTION WITHOUT DIVULGING INFORMATION THAT WOULD OTHERWISE BE PRIVILEGED OR COVERED IN EXECUTIVE SESSION.

AND THAT'S WHY I'M ASKING YOU MR. MONTGOMERY? YES.

ISN'T IT A MATTER THAT THESE ARE ONGOING NEGOTIATIONS AND WE CANNOT DISCUSS IT HERE IN PUBLIC? WELL, I DON'T THINK THAT WE CAN DISCUSS THE MERITS, IF THAT'S YOUR POINT.

I MEAN, I DON'T THINK THAT WE CAN GET INTO THE DETAILS OF THE MERITS OF THE NEGOTIATION.

CORRECT.

SO WE DON'T WANNA COMPROMISE WHAT'S BEING WORKED ON BY LEGAL COUNSEL ON BOTH SIDES.

CORRECT? CORRECT.

RIGHT.

DOES THAT ANSWER YOUR QUESTION, MR? WELL, UH, SO THE ANSWER IS NOTHING.

I MEAN, SO MR. MONTGOMERY, UM, WHAT DID THE FACT FINDER FIND? WHAT WAS THE FINDING OF THE FACT FINDER? UH, THAT WOULD BE THE BASIS OF THE REPORT THAT WAS PRESENTED AND THEN COLLECTED DURING THE EXECUTIVE SESSION.

I, I JUST, I, OUR OFFICE IS NOT PARTICIPATING IN THAT PROCESS.

NONE OF THAT IS PUBLIC, PUBLIC INFORMATION, UH, AT, WELL, THE REPORT, UM, I DON'T KNOW IF THAT HAS BEEN DISSEMINATED OUT TO THE PUBLIC FORUM AS OF YET.

I MEAN, I, I WAS TOLD BY THE LABOR COUNCIL BECAUSE WE HAD A, UH, PUBLIC RECORDS REQUEST FOR THAT DOCUMENT THAT IT IS, UM, NOT RELEASABLE UNTIL BOTH THE COLLECTIVE BARGAINING UNIT AND THE CITY VOTE ON THE, UM, FACT FINDING REPORT.

SO TO GET TO THE BOTTOM LINE FOR YOUR ANSWER IS WE'RE NOT ALLOWED TO DIVULGE ANY DETAILS OF THE FACT FINDING REPORT AT ALL.

IS THAT CORRECT? YES, THAT WOULD BE CORRECT AT THIS POINT.

AND THEN OF COURSE, ANYTHING THAT WAS DISCUSSED IN EXECUTIVE SESSION, I'M NOT GOING TO DIVULGE ANYWAY, BUT THAT'S AN OBVIOUS ONE.

SO AM I ALLOWED TO STATE MY OWN PERSONAL OPINION WITHOUT USING ANY DETAILS FROM EITHER THE FACT-FINDING REPORT OR EXECUTIVE SESSION? ? YOU CAN STATE OPINIONS AS IT WOULD RELATE TO A REPORT, WHICH CANNOT BE DISCUSSED, NOR ANY ADVICE OF COUNSEL NOR INCLUSIVE OF ANYTHING THAT WAS DISCUSSED IN EXECUTIVE SESSION.

SO YES, I CAN.

WHAT THAT LEAVES YOU TO DISCUSS DENY OPINION, DISCUSS.

I JUST ASK YES.

BE CAREFUL ON WHAT I SAY.

I CAN GIVE MY OPINION ON HOW I'M VOTING TODAY.

CORRECT.

UH, YOU CAN STATE AN OPINION AS TO HOW YOU'RE VOTING TODAY, BUT GETTING INTO THE MERITS OF THAT OPINION BASED UPON THE LIMITATIONS THAT I'VE JUST DESCRIBED WOULD BE PROBLEMATIC.

SHORT ON DETAILS.

GOOD ON OPINION THOUGH.

THANK YOU, MR. MONTGOMERY.

I KNOW THAT'S PAINFUL, BUT THAT'S OKAY.

WE DON'T, WE DON'T USUALLY GET INTO THESE TYPES OF ISSUES.

I DON'T KNOW HOW MANY WE'VE BEEN IN THE PAST, BUT DON'T GET INTO TOO MANY OF THESE, SO IT'S ALWAYS A GOOD EXERCISE TO GO THROUGH IT.

SO VICE MAYOR, UM, I GET TO GIVE MY OPINION THE, UM, OPINION OF THIS COUNCIL MEMBER, UH, BASED ON THE STAFF RECOMMENDATION AND THE LEADERSHIP OF THIS COUNCIL IS I AM NOT SUPPORTING STAFF RECOMMENDATION OR THE COUNCIL LEADERSHIP.

OFFICIAL CITY REPORTS AND COMMENTS? YES.

I SIGNED THIS OPINION, UM, UH, TO BE, UH, AN ISSUE OF, UM, THE WORKING RESIDENTS, THE WORKING, UH, EMPLOYEES OF OUR COMMUNITY, UM, THE LABOR UNIONS.

UM, THIS IS JUST A REALLY, UM, RAW DEAL WHAT THIS COUNCIL'S DOING.

AND ANYBODY WHO I THINK, UH, IF I WERE TO VOTE YES ON THIS DEAL, UM, IT WOULD BE, UM, JUST A TERRIBLE SITUATION FOR OUR EMPLOYEES AND THE UNIONS OF OUR CITY IF I WERE TO SUPPORT THIS.

SO I'M SAYING NO TONIGHT.

WE HAVE A MOTION? WE FIRST AND SECOND? THAT'S CORRECT.

PASSES FIVE TO ONE ITEM TWELVES

[12. City Official Reports And Comments]

MRS. KITCHEN, I'M GONNA THANK EVERYBODY WHO IS INVOLVED WITH, UM, SAFETY TOWN.

THAT WAS AMAZING.

TO DEATH OF THE POLICE, AND NOW JUST THANKS.

THANK YOU, THANK YOU.

I HAVE A CHILD WHO IS SCARED, WAS SCARED

[00:45:01]

THEY'RE HER BUDDIES, HER FRIENDS, AND JUST CAME HOME EVERY DAY ECSTATIC ABOUT ALL THE STUFF SHE LEARNED, AND IT WAS JUST SO APPRECIATED BY MY FAMILY AND BY GEMMA.

SO THANK YOU A LOT.

IT'S A GREAT PROGRAM.

ANYBODY ELSE? UM, ITEM 13, EXECUTIVE SESSION.

MR. ROGERS NEED FOR EXECUTIVE.

THERE'S NO NEED FOR AN EXECUTIVE SESSION.