Nov 27, 2023 City Council Meeting

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

AND NEXT

[3. Flag Ceremony - Wayne High School Junior ROTC Honor Guard]

IS I.

NUMBER THREE.

WE HAVE THE FLAG CEREMONY THIS EVENING BY THE WAYNE HIGH SCHOOL JUNIOR, ROTC.

HONOR, BREATHE IT CODE THE

[4. Pledge Of Allegiance]

GARY, GO, GO.

[5. Roll Call]

TONY, WOULD YOU CALL THE ROLE PLEASE? MR. SHAW? HERE.

MR. OTTO? MR. LYONS? HERE.

AND MR. OTTO HAD SENT AN EMAIL LETTING US KNOW HE WAS GONNA BE EITHER ABSENT OR LATE.

HE IS AT THE HISTORICAL SOCIETY TREE LIGHTING CEREMONY THIS EVENING.

IS THERE A MOTION TO EXCUSE MS. ROGER'S ABSENCE? MARK.

ANY DISCUSSION? MS. BAKER? YES.

I SHOW THE ABSENCES SUCCESSFUL.

SEVEN TO ZERO.

[6. Approval Of Minutes]

NEXT UP IS ITEM SIX A.

WE HAVE CITY COUNCIL EMERGENCY MEETING MINUTES FROM NOVEMBER 12TH, 2023.

DO WE NEED SIX A, SIX B SEPARATELY? YOU CAN, YOU CAN APPROVE 'EM TOGETHER SEPARATELY.

AND ITEM SIX B IS THE CITY COUNCIL MEETING MINUTES FROM NOVEMBER 13TH, 2023.

THOSE MINUTES HAVE BEEN DISTRIBUTED.

ARE THERE ANY QUESTIONS OR COMMENTS? CORRECTIONS, CASING, NONE IN THOSE MINUTES WILL STAND AS APPROVED.

AND NEXT, UH, I UNDERSTAND I'D ASK FOR A MOTION TO AMEND TONIGHT'S AGENDA TO ADD TO ITEM 12.

AYE.

SO IT WOULD BE A MOTION TO AMEND THE AGENDA TO ADD ITEM 12 I, WHICH IS A RESOLUTION IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, CONSIDERATION AND OR GRANTING OF ANY ZONING, OCCUPANCY OR OTHER PERMITS, LOCAL LICENSES OR APPLICATIONS RELATING, RELATING TO CULTIVATORS PROCESSORS OR RETAIL DISPENSARIES OF ADULT USE CANNABIS WITHIN THE CITY OF HUBER HEIGHTS.

IS THERE A MOTION, NANCY, I MAKE THE MOTION TO AMEND OR YES.

IS THERE A SECOND, ANITA? SECOND.

300 DAYS TO DO WHAT, UH, GIVES THE CITY TIME, UH, FOR US TO ESTABLISH AND REVIEW OUR PUBLIC USE ORDINANCES AROUND, UH, ADULT USE MARIJUANA.

AND SECOND, IS THERE ANY DISCUSSION? YES.

UM, I MUST HAVE PROBABLY MISSED AN EMAIL.

WHAT'S THIS ABOUT? UH, THIS IS A MORATORIUM, I BELIEVE IT'S FOR NINE MONTHS, CORRECT? WELL, 300 DAYS, TECHNICALLY

[00:05:01]

SO THIS IS A RESPONSE TO ISSUE TWO THAT WAS JUST PASSED IN NOVEMBER BY THE STATE? YES.

I BELIEVE THAT BECOMES, UH, EFFECTIVE ON DECEMBER 7TH.

AND WE DON'T HAVE ANY ZONING ORDINANCES OR ANYTHING TO, UM, TO ESTABLISH WHAT OUR PUBLIC USE SPACE WOULD BE WHEN IT COMES TO THAT.

SO THIS WILL GIVE US TIME TO, UH, REVIEW OUR ORDINANCES AND, AND MAKE ANY CHANGES THAT, UH, UH, WOULD BE IN LINE WITH THE STATE OF OHIO.

UH, 'CAUSE YOU KNOW, QUITE FRANKLY, THEY DON'T EVEN HAVE THEIR RIGHT YEAH.

ISSUE TOGETHER, SO.

RIGHT.

UM, WAS THIS THE EMAIL, UH, I'M SORRY, MAYOR, IF I MAY, UH, MR. SHAW, WAS THIS THE EMAIL STRING THAT YOU AND MR. MONTGOMERY HAD, UH, AS PART OF THIS DISCUSSION? OR IS THIS SEPARATE? UH, ACTUALLY THIS IS TOTALLY SEPARATE.

AS STATED IN THE LAW DIRECTOR'S EMAIL, UM, THEY HAVE NOT, UH, BEEN ABLE TO FULLY DEFINE OR REVIEW ISSUE TO AT THIS TIME.

UM, AS THE LAW DIRECTOR HAD STATED IN HIS MEMO TO ME, UH, REVIEWING THE REVERSAL OF THE PROHIBITION AND CURRENT BAN ON MEDICAL CANNABIS, UH, THE LAW DIRECTOR AT NO POINT IN TIME, UM, ADVISED, UM, THAT, UH, A DISCUSSION ITEM WOULD BE COMING TO A WORK SESSION OR A COUNCIL MEETING REGARDING A MORATORIUM.

UM, HE DID MENTION IN HIS MEMO, UM, THAT, UH, IT MAY BE SUGGESTED, UH, BUT IT, UM, UH, I I DID NOT TAKE THAT AS A FULL RECOMMENDATION.

SO, UM, I I'M, I'M GUESSING I DIDN'T MISS AN E EMAIL.

UH, EMAIL.

THIS WASN'T, WAS THIS PRESENTED IN AN EMAIL? DID WE KNOW ABOUT THIS OR WAS THIS, UM, SOMETHING SEPARATE? I THINK THIS IS SOMETHING SEPARATE.

SO THAT'S WHY I DIDN'T UNDERSTAND WHAT WAS GOING ON.

THANK YOU FOR EXPLAINING.

YEP, NO PROBLEM.

HAS, YOU KNOW, QUITE FRANKLY, THEIR STUFF TOGETHER REGARDING THIS ISSUE, UH, I'M CERTAINLY NOT A FAN OF HAVING THE CITY OF HEBREW HEIGHTS EXPOSED, UM, WHEN, WHEN WE DON'T KNOW WHAT THE, WHAT THE FINAL STATE RULING IS GONNA BE.

ANY OTHER DISCUSSION? RICHARD? THANK YOU, MAYOR.

UM, I, I WOULD LIKE TO INQUIRE WHY THIS WAS NOT A WORK SESSION AGENDA ITEM.

UM, WHEN I THINK EVERYBODY ON COUNCIL AND THE PUBLIC KNEW, UH, THAT WE WERE GONNA BE DISCUSSING, UH, THE CURRENT BAN AND PROHIBITION ON MEDICAL CANNABIS, UM, DID THIS COME UP AFTER THE WORK SESSION OR BEFORE? UH, IS THIS IN RELATION TO THE LAW DIRECTOR'S EMAIL? SO I WAS MADE AWARE AFTER THE WORK SESSION BY THE LAW DIRECTOR THAT, UH, THAT THIS CITY ACTUALLY WAS EXPOSED, UH, WITHOUT HAVING A MORATORIUM AND PROTECTIONS IN PLACE.

AND THAT DIDN'T COME TO MY ATTENTION UNTIL AFTER THE LAST WORK SESSION.

SO THIS WOULD BE IN RESPONSE TO THAT TO MAKE SURE, AGAIN, THAT WE HAVE TIME TO UNDERSTAND AND REVIEW WHAT OUR CITY ORDINANCES ARE, AND IF THERE'S ANYTHING THAT WE NEED TO CHANGE, UM, IN ORDER TO, TO STILL UPHOLD THE SPIRIT OF THE LAW, BUT PROTECT THOSE PEOPLE IN OUR CITY WHO, WHO DO NOT HAVE AN INTEREST IN PARTAKING IN RECREATIONAL MARIJUANA.

MAYOR, IF I, I MAY CONTINUE, UH, AS WE'RE IN THE DISCUSSION PHASE ON THIS ITEM, DID THE LAW DIRECTOR MENTION TO YOU WHY IT WAS NOT HIS RECOMMENDATION? OR DID HE PROVIDE A RECOMMENDATION WHY THE 2017, UM, SIX DRAFT ORDINANCES THAT HIS LAW OFFICE REVIEWED, UH, WAS NOT GOING TO BE, UH, A PART OF THIS, UH, DISCUSSION ITEM? SO, A ASK THAT, ASK THAT AGAIN.

SO DID THE LAW DIRECTOR PROVIDE AN OPINION OR A DISCUSSION ITEM WITH YOU ON WHY THE 2017 ORDINANCES THAT WAS APPROVED UNANIMOUSLY BY THE PLANNING COMMISSION WAS NOT GONNA BE A PART OF THIS DISCUSSION ITEM? BECAUSE THIS CITY HAS REVIEWED, UM, CULTIVATORS PROCESSORS AND DISTRIBUTORS FOR MEDICAL CANNABIS, UM, AND AS, AS ALREADY STATED AND OUTLINED, UM, BY THE OHIO CANNABIS BOARD, UM, THOSE PROVISIONS ARE GOING TO BE, UH, NEARLY IN LOCK STEP.

UM, SO IT WOULD BE MY OPINION THAT THE LAW DIRECTOR WOULD GO WITH THE ORDINANCE, UM, THAT WAS PRESENTED, REVIEWED BY HIS OFFICE SIX DIFFERENT TIMES, UM, AND APPROVED BY PLANNING COMMISSION.

WAS THERE ANY REASON WHY HE DID NOT OPINE ON THAT? UH, ACTUALLY HE DID.

'CAUSE I ASKED HIM, UM, BECAUSE IT WAS MY UNDERSTANDING ACTUALLY UP UNTIL THAT TIME THAT THE MEDICAL WOULD TAKE CARE OF THE, OF THE ADULT USE RECREATIONAL, AND IT DIDN'T.

THOSE ARE TWO SEPARATE ISSUES.

SO THERE NEEDS TO BE SEPARATE LEGISLATION AND ORDINANCES AR THAT EVOLVES AROUND RECREATIONAL USE THAT'S SEPARATE FROM MEDICAL USE.

AND DID THE, UM, AND I KNOW HE IS HERE AND, UH, AND I EXPECT FOR HIM TO, UM, JOIN THIS DISCUSSION, UM, EVENTUALLY, DID HE ADVISE AT ANY POINT IN TIME, UM, WHY IT IS GOING TO TAKE HIS OFFICE 300 DAYS TO, UH, REVIEW THIS AND PROVIDE AN OPINION? NO, I THINK THE, UH, UH, THAT NINE MONTH OR 300 DAY TIMEFRAME, UH, WAS BASED AROUND WHAT WE BELIEVE THE STATE HAS SAID, UH, THAT THEY BELIEVE IT'S GONNA TAKE THAT AMOUNT OF TIME FOR THEM TO GET ALL OF THEIR, I BELIEVE THERE WAS SOME 800 DIFFERENT ITEMS THAT THEY'RE REVIEWING REGARDING ISSUE TWO.

UM, AND UNTIL THE STATE HOUSE

[00:10:01]

AND AGAIN, SO JUST FOR CLARIFICATION, THIS IS, UH, WE WILL HAVE DISCUSSION ABOUT THIS.

UH, IF THE MOTION TO PASS THE AGENDA ITEM OR ADD THE AGENDA ITEM TAKES PLACE.

THIS IS JUST THE MOTION TO ADD.

UH, AND THERE'LL BE DISCUSSION, BUT I'LL SAY IT AGAIN.

AND MY, MY POSITION IS THAT, UM, I DO KNOW THAT THE VOTERS SPOKE ABOUT ISSUE TOO, AND IT PASSED.

UM, BUT I ALSO THINK THAT THERE ARE LOTS OF PEOPLE THAT WE HAVE IN THE CITY WHO WANT TO BE OUT IN PUBLIC SPACES IN PARKS AT THE ROSE MUSIC CENTER WITHOUT BEING EXPOSED TO THE SMELL OF MARIJUANA, UH, ALL THE TIME.

AND I THINK WE HAVE TO ESTABLISH WHAT OUR ORDINANCES ARE AND OUR ZONING CODE AROUND IT TO MAKE SURE THAT WE ARE UPHOLDING THE SPIRIT OF THE LAW THAT PASSED BY THE VOTERS WHILE STILL PROTECTING THOSE IN THIS CITY WHO DON'T WANNA HAVE ANY PART OF IT.

AND THAT'S WHAT, THAT'S WHAT THIS MORATORIUM IS.

MAYOR, MY, MY ONLY AND CONTINUING ON MY FLOOR TIME, THE, MY ONLY CONCERN WOULD BE, AS YOU HAD STATED, MULTIPLE TIMES THE VOTERS HAVE SPOKE.

HOWEVER, THE VOTERS DO NOT HAVE AN OPPORTUNITY TO REVIEW THE ITEMS, UH, PRESENTED THE DISCUSSION, UM, BECAUSE IT HAS NOT BEEN ON A LEGITIMATE WORK SESSION OR AN AGENDA.

AND I'LL SAY AGAIN, THAT WAS JUST BECAUSE I FOUND OUT ABOUT THE EXPOSURE WE HAD AFTER THE LAST WORK SESSION.

SO I, I GUESS THAT WOULD BE A A, AN INTERESTING QUESTION.

UM, AS I'M SURE MANY OF MY COLLEAGUES ARE, ARE INQUIRING WHAT IS THE LEGAL EXPOSURE, UM, TO US WHEN WE CAN PUT THIS ON THE NEXT WORK SESSION AND HAVE A PIECE OF LEGISLATION.

UM, THEREFORE AT THE DECEMBER 11TH COUNCIL VISIT, THE DECEMBER 11TH COUNCIL MEETING IS FOUR DAYS PAST WHEN THE LAW GOES INTO EFFECT.

AND IF SOMEBODY MAKES AN APPLICATION FOR A LICENSE WHO'S ALREADY A LICENSED FOR MEDICAL IN THIS CITY, THAT'S THE EXPOSURE THAT WE HAVE.

AND THIS MORATORIUM WILL STOP THAT UNTIL WE'VE HAD A CHANCE TO REVIEW IT.

EXCELLENT.

AND, AND IF I COULD ASK THE LAW DIRECTOR, UM, WHAT IS THE LEGAL EXPOSURE TO US, UM, WHEN IT COMES TO YOUR OFFICE, AS YOU GUYS HAVE REVIEWED MOUNTAINS OF DATA REGARDING MEDICAL CANNABIS AND, AND I'M SURE AT THIS POINT IN TIME, EVEN RECREATIONAL CANNABIS, UM, WHAT IS THE LEGAL EXPOSURE TO US? UH, THANK YOU, MR. SHAW.

UH, I MEAN, EVERYTHING THAT THE MAYOR HAS SAID IS, IS ACCURATE.

I MEAN, IS I INDICATED TO YOU IN MY MEMO, UH, IN RESPONSE TO YOUR QUESTION ON THE MEDICAL, UH, MARIJUANA, AND I APOLOGIZE, IS I, MY UNDERSTANDING OR RECOLLECTION IS WITHIN THAT, UM, I HAD MADE A RECOMMENDATION, UH, FOR A MORATORIUM OR AT LEAST A SUGGESTION FOR A MORATORIUM WITHIN THAT, UH, CORRESPONDENCE AS TO THE ADULT USE.

THE, THE PRIMARY CONCERN, UH, AS THE MAYOR POINTED OUT, IS THERE ARE TWO COMPLETELY SEPARATE PROGRAMS. UH, AND WHILE I, MY UNDERSTANDING IS THERE IS OVERLAP BETWEEN THE MEDICAL USE AND THE ADULT USE.

UM, THEY ARE GOVERNED BY TWO SEPARATE, UH, JURISDICTIONAL BODIES AT THE STATE LEVEL.

UH, AND AS THE MAYOR INDICATED, UH, THERE IS A NINE MONTH WINDOW, UH, FOR THE STATE TO PUT TOGETHER ITS REGULATIONS AS IT RELATES TO THE ADULT USE.

SOME OF THOSE REGULATIONS, ALL OF WHICH ARE COMPLETELY UNKNOWN, UH, AT THIS POINT IN TIME.

UH, AND I DID CONSULT WITH THE CITY, UH, PLANNER ON THIS POINT.

UH, IT WAS ALSO HIS, UH, THOUGHT THAT PUTTING A MORATORIUM IN PLACE WAS APPROPRIATE, UH, TO PROVIDE OPPORTUNITY FOR US TO NOT ONLY UNDERSTAND AND STUDY THE REGULATIONS, EXCUSE ME, BUT THEN TO PREPARE CITY, UH, ORDINANCES, UH, AND REGULATIONS, UH, BASED UPON, UH, THE STATE.

EXCELLENT.

MAYOR, THAT'S ALL I HAVE FOR THIS MOMENT.

NUMBER EIGHT, CITIZENS COMMENTS.

ANY OTHER DISCUSSION? OKAY.

SO THIS IS, UH, CORO TO AMEND THE AGENDA TO ADD ITEM 12 I MR. CAMPBELL? YES.

MOTION CARRIES FIVE TO TWO.

SO WE WILL ADD ITEM 12 I TO THE AGENDA.

NEXT UP IS ITEM NUMBER SEVEN, SPECIAL PRESENTATIONS AND ANNOUNCEMENTS.

THERE ARE NONE THIS EVENING, MAYOR.

NEXT ITEM

[8. Citizens Comments]

UH, JUST FIRST A REMINDER OF THE GUIDELINES, UH, CITIZENS GIVEN TIME TO SPEAK DURING THE MEETING.

WHETHER GENERAL COMMENTS OR COMMENTS ON SPECIFIC AGENDA ITEMS MAY DO SO ONLY IF REGISTERED BY COMPLETING A CITIZEN'S COMMENT REQUEST FORM AND SUBMITTING THE FORM TO THE CLERK OF COUNSEL PRIOR TO THE START OF THE MEETING.

CITIZEN COMMENTS ARE LIMITED TO NO MORE THAN FIVE MINUTES PER PERSON AND ARE LIMITED TO THE SUBJECT TO UNDER DISCUSSION OF SPEAKING ON AN AGENDA ITEM.

THIS TIME IS FOR COMMENTS AND STATEMENTS ONLY, AND IS NOT A FORMAT FOR QUESTIONS AND ANSWERS.

SO, WITH THAT SAID, UH, THE FIRST PERSON IS, UH, MR. GOERS.

WELL, FIRST OFF,

[00:15:01]

I HAVEN'T BEEN UP HERE SINCE AUGUST OF 2022.

MR. ROGERS HAS, UH, BEEN MY TO IN THE LAST 14 MONTHS.

WELL, ISSUE 25 FINALLY PASSED.

NOW I'LL BE ABLE TO SWING AND EAT MY PICNIC LUNCH IN DOW PARK.

AS SOON AS I SHARPENED MY MACHETE AND GAS UP MY CHAINSAW, MAYOR GORE KNOWS WHAT I'M TALKING ABOUT.

THE STEPS LEADING UP TO THE PARK IS OVERGROWN.

THAT'S, THAT'S JUST A, I'M GONNA USE MR. GORE AND MR. CAMPBELL MY NEXT EQUATION, NO PUN TO EITHER.

I JUST KNOW THEY GO BACK TO TOWNSHIP DAYS LIKE MYSELF, AND I'M SURE OTHER COUNCIL PEOPLE GO BACK.

BUT WHEN I FIRST CAME UP HERE, I ONLY KNEW MR. CAMPBELL AND MR. GORE.

I SHARED THE SAME FRIENDS WITH.

SO NO PUN TO EITHER ONE OF THEM ON THIS.

AFTER LEAVING TONY'S OFFICE SEVEN, SEVERAL WEEKS BACK AND LEARNING THAT MY INQUIRY DID NOT QUALIFY FOR FURTHER REVIEW TRAFFIC SIGNAL FOR, UH, TAYLORSVILLE IN RUSTIC WOODS, I'M THINKING HEADING HOME.

IT'S BEEN 51 YEARS SINCE I MET CHARLIE AM AT A LOCAL WATERING HOLE.

DURING HAPPY HOUR, THREE MONTHS AFTER LOCATING TO THIS WONDERFUL TOWNSHIP, HE HORN WAGGED ME INTO HELPING BRING HIS NAMESAKE BASEBALL FIELDS UP TO PAR.

EVENTUALLY EVEN SENDING ME UP TO ED HART'S TO GET A TRACTOR.

I THINK I WAS HIS HANDPICKED REPLACEMENT AS AFTER THAT 1972 SEASON.

I NEVER DID SEE HIM ON THE BASEBALL FIELDS AGAIN.

THAT WAS THE BEGINNING OF A 12 YEAR RUN FOR ME AS COACH, SUPERVISOR AND SPONSOR.

I ENJOYED THAT HORNSWOGGLE WHEN THIS ALL HAPPENED.

I'M GUESSING HERE'S WHERE MR. CAMPBELL AND MR. UH, GORHAM INTO PLAY.

I'M GUESSING THAT MARY GORE WAS RIDING HIS TRICYCLE ALONG WITH HIS CHILDHOOD FRIEND MARK AVER UP AND DOWN ROSEBERRY DRIVE, AND MR. CAMPBELL WAS CHASING THE GIRLS AT WAYNE OR MAYBE STUDEBAKER AND MARK.

THERE IS NOTHING WRONG WITH THAT.

65 YEARS AGO WHEN I WAS IN HIGH SCHOOL, I CHASED THE GIRLS ALSO AND I CAUGHT ONE.

SHE IS STILL WITH ME TODAY.

AND AT CERTAIN TIMES WHEN SHE REACHES THE INTERSECTION OF RUSTIC WOODS AND TAYLORSVILLE, THIS COUNCIL WOULD NOT WANT TO HEAR WHAT SHE HAS TO SAY BEFORE MENTION TO OF MR. GORE.

AND MR. CAMPBELL ARE EXPERIENCED INFLUENTIAL ENOUGH TO SEE THAT MY INQUIRY IS WORTHY OF PROPER CLARIFICATION BECAUSE THE AREA IS POTENTIALLY DANGEROUS.

I PICKED THAT UP.

THEIR LEADERSHIP IN MY MANY TRIPS UP HERE IN THE LAST TWO YEARS.

I, I'D SAY IN THE 27 MONTHS, YOU HAVEN'T TAKEN ME SERIOUS ON THIS POTENTIAL HAZARD.

THEY FLY DOWN THAT GRADE.

GO, GO UP AND WATCH FOR YOURSELF.

THE, THE POLICE DEPARTMENT WILL PROBABLY ATTEST TO THAT.

UH, AS I MENTIONED BEFORE, RESIDENTS HAVE TO TURN LEFT TO GO ON BRIDGEWATER UP TO 40 TO 2 0 2 SOUTH TO GET THE NORTHERN SHOPPING MAYOR GORE'S CORNER, WHICH I HAVE NAMED IS SO BACKED UP SOMETIMES.

AND OF COURSE, WITH THE CONSTRUCTION AND EVERYTHING ELSE NOW, IT'S GONNA BE BACKED UP FOR A WHILE.

IN CLOSING, I MENTIONED, HAVE YOU SEEN ME OUT THERE, YOU KNOW, DIRECTING TRAFFIC? PARDON? HAVE YOU SEEN ME OUT THERE DIRECTING TRAFFIC? NO.

I THINK YOU BETTER GET UP THERE AND DO IT.

I, I'M, YOU JUST MISS ME.

I GO BACK TO THE MAYOR WHO LEFT, UH, YEARS AGO, STOOD ON THE CORNER OF BRANDT PIKE, I'S GOT HIS NAME ON THAT, ALONG WITH MAYOR FISHER, WHO HAD HIS BUSINESS THERE FOR YEARS.

SO YOU GET 2 0 2, I'LL TAKE IT.

AND CLOSING.

I MENTIONED TO TONY THAT I WOULD HAVE VOTED FOR ANOTHER FOURTH OF DEFENSE FOR FIRE AND POLICE PROTECTION.

HE JOKINGLY SAID YES, BECAUSE YOU DON'T HAVE TO PAY FOR IT ANYMORE.

I PAID 38 YEARS, UH, AND ALL MY TAXES ALWAYS WENT TO THIS CITY.

AND MY WIFE'S 21 YEAR TAXES WENT TO THE CITY.

AND I'M PROUD OF IT.

NONE TO DAYTON OR ANY OTHER CITY.

TONY CAN ATTEST TO THE COUNCILS THAT I HAVE BEEN REASONABLE WITH MY THINKING.

OTHER ITEMS THAT I BROUGHT UP DURING THE TIME THE PLAYGROUND EQUIPMENT AT, AT DOW PARK, AGREED RECREATION SHOULD BE TIED TO ISSUE 25 SAFETY BEFORE PLAGIAR.

I AGREED WITH THAT RECOGNITION FOR FOUNDING MOTHERS AND FATHERS.

I AGREE THAT COULD BE DONE WHEN NEW COUNCIL CHAMBERS BECOME A REALITY ON THE BRAND.

PIKE CORRIDOR ERRATIC

[00:20:01]

DRIVING IN THE CITY.

I AGREE WITH A PLAN THAT IS IN PLACE.

SEE, I'M NOT ALL BAD.

OKAY? I JUST GOT THIS TODAY, THE REPORT.

YOU, YOU GUYS ARE ALL FAMILIAR WITH THIS, ALL OF YOU.

OKAY, LET'S, LET'S GO.

UH, I DON'T KNOW WHO I'M, I'M NO ENGINEER.

I WAS A RETAIL SUPERVISOR, BUT THIS WAS DONE IN JULY, WHICH IS A VERY, VERY SLOW TIME.

EVERYBODY'S ON VACATION.

IT WAS TWO WEEKS BEFORE, UH, BACK TO SCHOOL.

THAT'S A POOR TIME TO BE DOING SOMETHING LIKE THIS.

THAT ATTRACTED THE, THE TRAFFIC UP THERE.

UH, RETAIL PEOPLE WERE USUALLY NOT OFF ON THE DAYS THAT THEY WERE DOING IT TOO.

MONDAY AND FRIDAY WOULD'VE BEEN A GOOD DAY TO DO IT.

RETAIL PEOPLE WERE USUALLY OFF TUESDAY, WEDNESDAY, AND THURSDAY.

SO THAT CUT DOWN ON THE TRAFFIC FLOW TOO.

AND LIKE I SAID, ONE OF THE HIGHEST VACATION WEEKS OF THE YEAR DID NOT PICK UP THE TRAFFIC FROM BRIDGEWATER.

MY WIFE CAN ATTEST TO THIS.

WE SAT THERE.

SHE DID.

WHY? I STOOD THERE TWO DIFFERENT TIMES.

SHE WAS DOING HER CROSSWORD PUZZLES IN THE CAR WHILE I WAS WATCHING TO SEE IF IT FLASHED FROM BRIDGEWATER ON THAT LEFT HAND TURN.

IT WAS TOO CLOSE UP THERE.

AND I REPORTED IT TO YOU.

THAT WAS CLOSE.

UM, AT THE TIME, UH, IT WASN'T PICKING UP THE TRAFFIC FROM BRIDGEWATER AND THERE'S NO, NOTHING IN THIS REPORT EVEN TALKS ABOUT BRIDGEWATER.

SO I DON'T, I DON'T KNOW.

AND, AND TWO IT, I DON'T KNOW HOW TO READ ALL OF THIS, BUT UH, SOME OF IT IS PUBLISHED IN JANUARY OF 2022 AND SOME OF IT'S, UH, UH, JULY OF, UH, THIS YEAR.

SO I DON'T UNDERSTAND THAT.

SO DAVID, WE'RE REACHING THE, THE FIVE MINUTE TIMEFRAME.

SO, AND I DO KNOW THAT OUR CITY, LOOK, LOOK, LOOK, MAYOR, DON'T LET ME, THERE'S PEOPLE WHO COME IN FROM OTHER CITIES THAT GET 30 MINUTES.

OKAY? I'M GONNA FINISH TONIGHT 'CAUSE I'M NOT COMING BACK HERE, SO DON'T TRY TO CUT ME OFF.

THERE'RE THERE'RE PEOPLE WHO COME FROM OTHER CITIES ARE DOING PRESENTATIONS.

SO MR. MR. ROGERS, UH, READ WHAT THE RULES WERE BEFORE YOU STARTED AND YOU, I KNOW THE RULES AND YOU ARE AT YOUR FIVE MINUTES AND ANY DISCUSSION YOU WANNA HAVE, IF YOU'D LIKE TO COME BACK, WE'D BE MORE THAN HAPPY TO HAVE YOU COME BACK.

I'M NOT COMING BACK ANYMORE.

OKAY? I'VE ADDED, OKAY.

SO TONY, DO WE HAVE ANYONE ELSE? UM, NEXT UP WE HAVE MR. JEFF MORFORD.

I HOPE IF SOMETHING HAPPENS THAT YOU GUYS GET SUED.

GOOD EVENING.

JEFF MORFORD, MIAMI COUNTY, BETHEL TOWNSHIP.

HOPE Y'ALL HAD A NICE THANKSGIVING.

UH, WHAT IS ANNEXATION THIS OFF OF GOOGLE? UH, ANNEXATION AND INTERNATIONAL LAW IS A FORCIBLE ACQUISITION AND ASSERTION OF LEGAL TITLE OVER ONE STATE'S TERRITORY BY ANOTHER STATE, USUALLY FOLLOWING MILITARY OCCUPATION OF TERRITORY.

IN CURRENT INTERNATIONAL LAW, IT IS GENERALLY HELD TO BE AN ILLEGAL ACT.

THIS IS ALSO OFF OF GOOGLE.

AND, UH, WHAT, WHAT'S THE PROCESS? ANNEXATION IS THE PROCESS OF BRINGING PROPERTY INTO THE CITY LIMITS.

IT IS ONE OF THE PRIMARY MEANS BY WHICH CITIES GROW.

CITIES ANNEX TERRITORY TO PROVIDE URBANIZING AREAS WHICH METHYL IS NOT WITH MUNICIPAL SERVICES, AND TO EXERCISE REGULATORY AUTHORITY NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY.

AND THIS IS OFF OF WIKIPEDIA, DISADVANTAGE OF ANNEXATION, GREATER URBANIZATION AND LOSS OF RURAL CHARACTER.

MORE RESTRICTIVE ORDINANCES, REGULATIONS, AND LICENSING REQUIREMENTS WILL BECOME PART OF THE LARGE BUREAU BUREAUCRACY THAT IS LESS ACCESSIBLE TO THE PEOPLE.

MANY COMMUNITIES ASK FOR THE PRIVILEGE TO BE ANNEXED INTO A NEIGHBORING LARGER CITY, SEEKING THE BENEFITS AND SERVICES THE LARGER CITY HAS TO OFFER, SUCH AS POLICE PROTECTION, FIRE AND EMERGENCY SERVICES, AND EDUCATIONAL SYSTEM, AND ACCESS TO WATER AND SEWAGE.

AND THESE ANNEXATIONS, THE BIG CITY ACQUIRING THESE LANDS BENEFIT BY POPULATION NUMBERS AND TAX RECEIPTS.

IN THESE CASES, BOTH COMMUNITIES PROMOTE

[00:25:01]

SUPPORT AND BENEFIT MUTUALLY, USUALLY SHARING INFRASTRUCTURE, COMBINING SERVICES, AND SHARING ESTABLISHED RESOURCES.

IN THE CASE OF MIAMI COUNTY, BETHEL TOWNSHIP, THE LAND OWNER SLASH DEVELOPER IN REALITY DOES NOT WANT TO BE PART OF HUBER HEIGHTS.

THE PROPERTY ALREADY HAS A GOVERNING BODY FOR WELL OVER 200 YEARS.

THE PROPERTY ALREADY HAS POLICE, FIRE, AND EMERGENCY SERVICES.

THE PROPERTY HAS A SOURCE OF EDUCATION.

BETHEL SCHOOLS, THE PROPERTY ALREADY HAS WATER AND SEWAGE.

MIAMI COUNTY.

IN REALITY, THE ONLY THING THE PROPERTY OWNER SLASH DEVELOP DEVELOPER IS LOOKING FOR IS THE HIGH DENSITY HOUSING ZONING AVAILABLE IN HUBER HEIGHTS.

IF WE IN MIAMI COUNTY, BETHEL TOWNSHIP OFFERED THE ZONING THAT HUBER HEIGHTS OFFERS, THE LANDOWNER SLASH DEVELOPER WOULD NOT WANT OR NEED TO AFFILIATE THEMSELVES WITH HUBER HEIGHTS.

BUT THE PEOPLE OF MIAMI COUNTY, BETHEL TOWNSHIP DO NOT WANT THIS TYPE OF HIGH DENSITY HOUSING AND THE ASSOCIATED PROBLEMS. SO THE ZONING AND BETHEL TOWNSHIP IS MORE RESTRICTIVE, THE ATTESTED TO BY OUR VOTING RECORD AND OUR ZONING REGULATIONS.

PLEASE TAKE CARE OF YOUR COMMUNITY AND LET US TAKE CARE OF OURS.

PLEASE REMEMBER IN THE 1980S WHEN THE CITY OF DAYTON WAS LOOKING TO TAKE THE THEN WAYNE SH WAYNE TOWNSHIP OVER.

HOW DID THE WAYNE TOWNSHIP LEADERS FEEL? DID THE LEADERS AND CITIZENS LOOK AT EACH OTHER AND SAY, BOY, THAT'S A GOOD IDEA.

DAYTON CITY COUNCIL IS ONLY 10 MILES AWAY.

DAYTON CITY COUNCIL KNOWS WHAT'S BEST FOR US.

DAYTON CITY COUNCIL KNOWS HOW TO BEST SPEND OUR TAX DOLLARS GENERATED HERE.

DAYTON CITY COUNCIL KNOWS HOW TO MAKE DECISIONS THAT WILL MOVE OUR COMMUNITY FORWARD AND WON'T BE DISTRACTED BY OTHER ISSUES WITHIN THE REST OF THE CITY OF DAYTON.

NO, I AM SURE YOUR CITIZENS LEADERS FOUGHT TOOTH AND NAIL TO STOP THIS UNWANTED TAKEOVER BID AND SUCCEEDED.

SO AGAIN, I ASK THIS COUNCIL TO VOTE NO TO OFFERING SERVICES TO THESE LANDOWNERS DEVELOPERS.

PLEASE VOTE NO TO AN ANY ANNEXATION REQUESTS.

AS ALWAYS, I LEAVE YOU WITH A GOLDEN RULE.

DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU.

TIME NUMBER 10, WHICH IS THE CITY MANAGER REPORT.

AND NEXT WOULD BE ITEM NUMBER NINE, CITIZENS REGISTERED TO SPEAK ON AGENDA ITEMS. THEY'RE NOT MAYOR.

OKAY,

[10. City Manager Report]

GOOD EVENING, RICK.

HOW ARE YOU? GOOD.

HOW YOU DOING? VERY WELL, THANK YOU.

UM, PRETTY BRIEF REPORT THIS WEEK.

UM, DID WANT TO REPORT AND GIVE A, UH, BIG THANK YOU TO OUR FINANCE DEPARTMENT STAFF.

UM, DESPITE ALL THE CHALLENGES THESE LAST TWO WEEKS, THEY WERE ABLE TO SUCCESSFULLY PROCESS PAYROLL FOR ALL CITY STAFF WITH, UH, WITH LIMITED ISSUES.

UM, TODAY THE INCOME TAX DEPARTMENT IS, UH, UP AND OPERATIONAL.

UH, WE EXPECT THE UTILITY, UH, TO BE OPERATIONAL BY TOMORROW.

UM, IT IS POSSIBLE THAT WE MAY SHUT DOWN ONE OR BOTH OFFICES AT SOME POINT TO ADDRESS THE BACKLOG OF WORK AND TO REENTER DATA BACK TO THE BACKUP DATE.

UM, WE HAVEN'T MADE A DETERMINATION ON THAT YET, BUT WE'LL ALSO LOOK FOR, UM, YOU KNOW, SLOW TIMES TO, TO PERFORM THAT WORK.

AND THEN LASTLY, UH, FORENSICS ARE ONGOING.

AS SOON AS WE KNOW IF ANY PERSONAL INFORMATION WAS COMPROMISED, WE'LL NOTIFY, UH, ANYONE AFFECTED.

THAT'S ALL I HAVE.

THANKS RICK.

DOES ANYONE HAVE ANY QUESTIONS THIS EVENING? ED? THANK YOU MAYOR.

UM, RICK, AT A PREVIOUS COUNCIL MEETING, UM, OR WORK SESSION MEETING, UH, THE IT STAFF, UM, WAS CALLED INTO QUESTION AS FAR AS THE NUMBER, THE ORG CHART SAID FOUR FULL-TIME STAFF MEMBERS, AND THIS WOULD BE IN ADDITION TO OUR IT DIRECTOR.

SO DO YOU HAVE AN IDEA OF HOW MANY WE HAVE IN THE DEPARTMENT? AT LEAST POSITIONS THAT ARE FULLY FUNDED? SO CURRENTLY THERE ARE TWO FULL-TIME POSITIONS FUNDED.

AND THEN THE IT DIRECTOR POSITION, THAT'S UM, WHAT WAS IN PLACE, UH, WHEN I ARRIVED HERE TWO AND A HALF MONTHS AGO.

SO TWO FUNDED AND THEN ONE FULL-TIME DIRECTOR? CORRECT.

UM, SO THERE AREN'T ANY POSITIONS THAT ARE OPEN AT THIS TIME OTHER THAN THE DIRECTOR'S POSITION, RIGHT? CORRECT.

ALRIGHT.

ANY REASON WHY THE ORG CHART HAS, UH, WOULD, YOU KNOW, FOUR FULL-TIME POSITIONS ON IT? WHEN WE ONLY HAVE TWO IN THE DEPARTMENT? UH, I WILL LOOK INTO THAT.

I'M NOT ENTIRELY CERTAIN WHEN THAT WAS, THAT NUMBER WAS PLACED THERE AND RIGHT.

LEFT OUR FORMER IT DIRECTOR, WAS THERE A EXIT, UH, INTERVIEW THAT'S TYPICALLY DONE BY HUMAN RESOURCES? SO THERE WAS NOT AN EXIT INTERVIEW DONE.

'CAUSE THAT WOULD'VE BEEN HERE WELL BEFORE YOU WERE RIGHT.

AND SO I WAS JUST WONDERING IF, UH, WE HAD, YOU KNOW, THE DEPARTMENT THAT'S THE, THAT'S THE NUMBER THAT WAS KIND OF CONFUSING TO ME.

MM-HMM.

UM, I HAD HEARD, BUT I'M NOT SURE WE DID, UH, WHEN BRANDON PEYTON

[00:30:01]

BRANDON AND I HAD ABOUT A 30, 40 MINUTE CONVERSATION ABOUT ONGOING PROJECTS AND, UH, KIND OF A HANDOFF TO UNDERSTAND WHAT HE WAS WORKING ON, UH, AT THE TIME OF HIS DEPARTURE.

BUT A FORMAL HR EXIT INTERVIEW WAS NOT DONE.

UH, MY UNDERSTANDING IS, IS THAT HAS NOT BEEN COMMON PRACTICE IN THE PAST.

SO WE CAN LOOK INTO THAT.

OH, REALLY? OKAY.

YEAH, BECAUSE IT WAS MY UNDERSTANDING THAT WE DID, WE DID HAVE A, UM, EXIT INTERVIEW, BUT OKAY.

I MEAN, AS FAR AS A PRACTICE IN THE PAST.

'CAUSE I, WITH, WITH THE ABSENCE OF ANY ADDITIONAL INFORMATION ABOUT WHY OUR IT DIRECTOR WAS LEFT, I WAS WONDERING IF THAT HAD UH, IF THERE WAS AN ISSUE WITH A LACK OF STAFF AND HE JUST FELT LIKE HE WAS OVERWORKED AND NEEDED TO MOVE ON.

'CAUSE HE HAD BEEN WORKING FOR THE CITY FOR 20 YEARS.

NOT ALL IN THE DIRECTOR POSITION, BUT AT THE SAME TIME.

THAT'S, THAT'S TYPICAL.

[ An Ordinance Amending Chapter 929 - Water Distribution, Section 929.16 - Statements; Delinquencies; Penalties; Discontinuance Of Service Of The City Code Of Huber Heights, Ohio. (second reading)]

SEEING NOW WE'LL MOVE ON TO ITEM 11, WHICH IS PENDING BUSINESS.

AND WE BEGIN WITH ITEM 11 A TONY ITEM 11 A, AN ORDINANCE AMENDING CHAPTER 9 29, WATER DISTRIBUTION SECTION 9 2 9 0.16 STATEMENTS, DELINQUENCIES, PENALTIES, DISCONTINUANCE OF SERVICE OF THE CITY CODE OF HUBER HEIGHTS, OHIO AT THE SECOND READING.

UH, RICK COMMENTS.

AS, UH, COUNCIL WILL RECALL THIS, UH, PROVIDES, UH, THE CITY THE ABILITY TO RECOUP FUNDS DUE TO BILLING ERRORS.

AND THE RECOMMENDATION, THE WORK SESSION WAS TO ADOPT THIS ITEM THIS EVENING.

IS THERE A MOTION? DON? SO MOVED.

IS THERE A SECOND MARK? SECOND.

IS THERE ANY DISCUSSION, ANITA? I JUST, ONCE AGAIN, I'M GOING BACK TO IF AT THE ERROR HAPPENS LIKE WITHIN A MONTH OR TWO, I GET IT.

BUT WE NEED TO HAVE SOMETHING IN PLACE THAT IF IT'S A LONG THREE YEAR ISSUE, THAT THEY HAVE THE AMOUNT OF TIME TO PAY IT BACK.

I MEAN, I'M JUST LOOKING AT PEOPLE ON A FIXED INCOME AND IF IT'S A THREE YEAR YEAR ERROR, THEY NEED TO HAVE THAT TIME IF IT WAS OUR ERROR.

WELL, AND MY UNDERSTANDING IS, IS THERE WAS MAYBE A THOUSAND DOLLARS OR SLIGHTLY MORE IS THE TOTAL WE'RE TALKING ABOUT FOR THE WHOLE UTILITY RIGHT NOW.

BUT ALSO, UM, I DO BELIEVE THAT WE HAVE THE ABILITY TO PLACE CUSTOMERS ON PAYMENT PLANS THAT, YOU KNOW, COULD MAKE THAT A LITTLE EASIER TO, UM, TO DEAL WITH.

THAT'S, IT'S A VERY RARE OCCURRENCE.

WE JUST FOUND THAT WE DIDN'T HAVE THE ABILITY TO DO IT.

RIGHT.

I JUST, AS I SAID, EVEN A THOUSAND DOLLARS FOR SOME FOLKS, THAT'S A LOT OF MONEY.

AND I JUST, IF IT'S OUR ISSUE, OUR PROBLEM, I WANT US TO BE SENSITIVE TO THAT AND GIVE PEOPLE PLENTY OF TIME TO PAY THAT BACK.

WE CAN DO THAT.

AND I THINK, YOU KNOW, AND ALSO WE HAVE, YOU KNOW, WE HAVE THE WATER AND SEWER ADVISORY BOARD, SO IF SOMEONE REALLY FINDS THEMSELF IN A, IN A POSITION THAT THEY'RE STRUGGLING OR NOT ABLE TO DO THAT, WE COULD CERTAINLY APPEAL THAT TO THE WATER AND SEWER ADVISORY BOARD AND THEN THEY COULD ACTUALLY MAKE UP SOME TYPE OF ARRANGEMENT AND MAKE SURE THAT GETS TO THE, TO THE WATER DEPARTMENT.

AND I THINK IT WOULD BE FAIR TO ASK, UM, YOU KNOW, WE, WE'VE GIVEN THESE BOARDS AS MUCH AUTONOMY AS WE POSSIBLY CAN, BUT I DON'T SEE ANY REASON WHY WE CAN'T ASK THE CITY MANAGER TO TALK TO THE WATER AND SEW ADVISORY BOARD.

LET THEM KNOW THAT, YOU KNOW, COUNCIL DOESN'T HAVE ISSUES WITH PAYMENT PLANS OR THINGS LIKE THAT.

IF THIS HAPPENS AND IT'S A JUST A, YOU KNOW, A LARGE SUM OF MONEY AND THAT'D BE STRONGLY COMMUNICATED TO PEOPLE WHO ARE IN THAT SITUATION.

SOUNDS GOOD.

WE CAN DO THAT.

YES, NANCY? JUST AS A MATTER OF, UM, INFORMATION, UM, I I WOULD BE SURPRISED IF THEY DON'T DO THAT ALREADY BECAUSE I KNOW OUR TAX DEPARTMENT DOES THAT.

UH, OUR STAFF'S PRETTY, UH, PRETTY ACCOMMODATING TO PEOPLE'S SITUATIONS.

SURE.

AND I THINK, UH, JUST WAS THIS SITUATION BEING SOMETHING NEW THAT WE FOUND OUT THAT WE DIDN'T KNOW IT'S A CHANGE.

UM, SO I AGREE TO JUST MAKING SURE THAT PEOPLE UNDERSTAND AND, AND KNOW WHAT THEIR OPTIONS ARE.

THAT CERTAINLY CAN'T HURT.

THANK YOU MAYOR RICK, WOULD THAT BE EXPLAINED ON THE BACK OF THE WATER BILL THAT DETAIL OR COULD IT BE IT CAN BE.

I CAN, UH, ARRANGE TO HAVE THAT KIND OF LAID OUT WHAT THIS NEW ORDINANCE IS OR ORDINANCE CHANGES AND WHAT PEOPLE CAN DO IF THEY FIND THEMSELVES IN THIS SITUATION.

I MEAN, I WILL SAY THE FACT THAT WE'VE GONE SO LONG WITHOUT NEEDING TO CORRECT A BILLING ERROR, IT LEADS ME TO BELIEVE IT'S A PRETTY RARE OCCURRENCE.

SO, BUT SPELL OUT THE STEPS IN THE BACK OF THE BILL.

YEP, I DO THAT.

THERE'S ONE REMAINING VACANCY.

YOU KNOW THE DISCUSSION.

MOTION CARRIES FIVE TO TWO.

NEXT WE HAVE ITEM 12, WHICH IS NEW BUSINESS.

AND ITEM 12, A

[ A Motion To Appoint Daniel Chivers To The Tax Review Board For A Term Ending December 31, 2025.]

ATTORNEY ITEM 12 A.

A MOTION TO APPOINT DANIEL CHIVER TO THE TAX REVIEW BOARD FOR A TERM ENDING DECEMBER 31ST, 2025 TO ANY ADDITIONAL COMMENTS? UH, JUST A CURRENT VACANCY ON THIS PARTICULAR BOARD.

[00:35:01]

UH, AS IT STATES IT'S THE MOTION TO APPOINT.

UM, THIS WAS THE RECOMMENDATION OF THE INTERVIEW PANEL AND THERE HAS BEEN AN APPROPRIATE BACKGROUND CHECK COMPLETED.

THANK YOU, SIR.

IS THERE A MOTION? NOT SO.

IS THERE A SECOND MARK? SECOND.

ANY DISCUSSION? MR. LYONS? YES.

[ A Motion To Reappoint Yolanda Stephens To The Culture And Diversity Citizen Action Commission For A Term Ending December 31, 2026.]

ITEM 12 B.

A MOTION TO REAPPOINT YOLANDA STEVENS TO THE CULTURE AND DIVERSITY CITIZEN ACTION COMMISSION FOR A TERMING DECEMBER 31ST, 2026.

STANDARD REAPPOINTMENT.

WE'VE UPDATED THE BACKGROUND CHECK.

UH, THIS WAS THE RECOMMENDATION OF CITY STAFF.

ANY DISCUSSION? MRS. KITCHEN? YES.

MOTION CARRIES ALSO SEVEN TO ZERO.

AND NEXT IS ITEM 12

[ A Motion To Designate Nancy Byrge As The City Representative And Don Webb As The Alternate City Representative To The Miami Valley Regional Planning Commission (MVRPC) And To Designate Russ Bergman As The City Representative And Bryan Chodkowski As The Alternate City Representative To The Miami Valley Regional Planning Commission (MVRPC) Technical Advisory Committee For 2024.]

ITEM 12 C.

A MOTION TO DESIGNATE NANCY BURGE AS THE CITY REPRESENTATIVE AND DON WEBB AS THE ALTERNATE CITY REPRESENTATIVE TO THE MIAMI VALLEY REGIONAL PLANNING COMMISSION.

M-V-R-P-C.

AND TO DESIGNATE RUSS BERGMAN AS THE CITY REPRESENTATIVE.

AND BRIAN KOTOWSKI AS THE ALTERNATE CITY REPRESENTATIVE TO THE MIAMI VALLEY REGIONAL PLANNING COMMISSION.

M-V-R-P-C TECHNICAL ADVISORY COMMITTEE FOR 2024.

TONY, DO YOU HAVE ANY ADDITIONAL COMMENTS? THESE ARE JUST ANNUAL APPOINTMENTS.

THEY WERE DISCUSSED AT THE WORK SESSION AND THESE ARE THE RECOMMENDATIONS TO DESIGNATE THESE INDIVIDUALS TO THIS BODY.

ADOPTION WAS THE RECOMMENDATION.

MARK.

MOTION TO ADOPT THERE.

A SECOND.

12 D, ITEM 12 DA MOTION TO DESIGNATE ANITA KITCHEN AND FRED AKENS AS CITY REPRESENTATIVES.

ANY DISCUSSION? ATTORNEY MR. WEBB? YES.

MOTION CARRIES SEVEN TO ZERO.

NEXT IS ITEM

[ A Motion To Designate Anita Kitchen And Fred Aikens As City Representatives And Scott Davidson As The Alternate City Representative To The First Suburbs Consortium For 2024.]

AND SCOTT DAVIDSON AS THE ALTERNATE CITY REPRESENTATIVE TO THE FIRST SUBURBS CONSORTIUM FOR 2024.

ADDITIONAL COMMENTS, UH, SIMILAR TO THE LAST ITEM.

THESE ARE, UH, APPOINTMENTS BY COUNSEL TO THIS PARTICULAR BODY.

OKAY, THANK YOU.

AND RECOMMENDATION WAS ADOPTION.

MARK.

MOTION TO ADOPT NANCY.

AND THE MOTION CARRIES? EIGHT ZERO.

NEXT UP

[ A Resolution Authorizing The City Of Huber Heights To Renew An Agreement With Pickrel Schaeffer & Ebeling For Legal Services As Law Director For The City Of Huber Heights, Ohio For The Time Period Of January 1, 2024 Through December 31, 2024. (first reading) ]

IS ITEM 12 E.

ITEM 12 EA RESOLUTION AUTHORIZING THE CITY OF HUBER HEIGHTS TO RENEW AN AGREEMENT WITH PIT SCHAFER AND EING FOR LEGAL SERVICES AS LAW DIRECTOR FOR THE CITY OF HUBER HEIGHTS, OHIO FOR THE TIME PERIOD OF JANUARY 1ST, 2024 THROUGH DECEMBER 31ST, 2024 AT THE FIRST READING.

TONY? UH, THIS IS ANNUAL LEGISLATION TO RENEW THE AGREEMENT WITH, UH, P, S AND E FOR THE SERVICES AS LAW DIRECTOR FOR THE CITY FOR 2024.

AND RECOMMENDATION WAS ADOPTION.

AND THE NEW RATES WERE IN THE LEGISLATION, SO THAT HAS BEEN KNOWN.

THANK MOVE TO ADOPT.

ANY DISCUSSION? DISCUSSION? TONY.

MOTION CARRIES EIGHT TO ZERO AND NEXT AS 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. (first reading) ]

12 F UNDER ADMINISTRATION.

ITEM 12 F IN ORDINANCE AMENDING ORDINANCE NUMBER 2 0 2 2 DASH O DASH 2 5 62 BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUB RIDES OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2023 AND ENDING DECEMBER 31ST, 2023 AT THE FIRST READ.

RICK, DO YOU HAVE ADDITIONAL COMMENTS? UH, AS COUNSEL WILL RECALL, THIS IS FOR, UH, END OF THE YEAR PERSONNEL EXPENSES DUE TO RAISES AND THEN ALSO ADDITIONAL FUNDS, UM, TOWARD AQUATIC CENTER OPERATIONS.

WITHOUT HAVING THIS IN PLACE AT THIS MEETING, UH, IT CREATES A POTENTIAL FOR, UH, IN INDIVIDUAL CITY EMPLOYEES TO NOT BE PAID.

RECOMMENDATION WAS TO WAIVE THE SECOND READING AND ADOPT THIS ITEM THIS EVENING.

BASED ON THE TIMEFRAME AT THE END OF THE YEAR, IS THERE A MOTION TO WAIVE? MOTION TO WAIVE? OKAY.

SECOND, WE HAVE A MOTION.

AND SECOND TO WAIVE THE SECOND READING.

IS THERE ANY DISCUSSION? RICHARD? THANK YOU, MAYOR.

UM, I WOULD LIKE TO GET FURTHER CLARIFICATION, UM, FROM, UM, OUR CLERK, UH, SUPPLEMENTAL APPROPRIATIONS GO IN EFFECT IMMEDIATELY, CORRECT? THAT IS CORRECT.

SO IF THIS ITEM WAS PUSHED OFF TO A SECOND READING, UH, AND ADOPTED ON DECEMBER 11TH, GOING INTO EFFECT IMMEDIATELY WOULD NOT INTERFERE WITH ANY PUBLIC EMPLOYEES BEING PAID? UH, I THINK IT'S ON THE CONTRARY.

UM, MR. BALL INDICATED THAT, UM, THEY HAVE TO START PROCESSING PAYROLL, UH, FOR EARLY DECEMBER, UM, PRIOR TO THE, THE NEXT COUNCIL MEETING.

AND, UM,

[00:40:01]

THE NEXT PAY DATE IS FRIDAY, DECEMBER 8TH, WHICH IS PRIOR TO THE NEXT COUNCIL MAYBE.

ANY OTHER DISCUSSION? AND JUST A REMINDER, IT'S NOT AN ISSUE THAT THERE ARE NOT FUNDS AVAILABLE IN THE BUDGET.

THEY'RE JUST IN LINE ITEMS THAT DON'T RELATE TO THE PERSONNEL CA CATEGORY LINE ITEMS FOR INDIVIDUAL DEPARTMENTS AND DIVISIONS.

ANY OTHER DISCUSSION? TONY? MR. CAMPBELL? YES.

MOTION CARRIES EIGHT TO ZERO AND NEXT IS ITEM 12 G.

I'M SORRY, THAT WAS TO WAIVE.

NOW WE NEED A MOTION TO ADOPT NANCY.

MOVE TO ADOPT.

ANY DISCUSSION? THANK YOU MAYOR.

UH, RICK, THE 95,000 FOR THE KROGER AQUATICS CENTER, UH, IS THAT GOING TO BE ENOUGH TO COVER THE 250,000? WAS IT $250,000 LOSS THIS YEAR? YEAH, I BELIEVE THE ABOUT 150,000 OF THAT WAS ALREADY BUDGETED FOR.

AND SO THIS IS JUST THE ADDITIONAL THAT, UH, WE BECAME AWARE OF TO MAKE UP OKAY.

TO MAKE UP.

YEP.

ALRIGHT.

AND, UH, JUST ONE CLARIFICATION OF TONY GOING BACK TO, UH, THE, UM, SALARIES.

MM-HMM.

FOR THE CONTRACTS.

WOULD YOU REPEAT THAT LAST STATEMENT YOU MADE ON THE WAIVING PLEASE? ABOUT HOW THE MONEY IT WAS IN THE BUDGET? YEAH, I MEAN THESE ARE, THESE ARE FUNDS THAT ALREADY EXIST IN LINE ITEMS OF, UM, OF, OF THE CITY BUDGET FOR 2023.

SO, UM, THERE'S WHAT BUDGET'S BASICALLY DIVIDED INTO, UH, PERSONNEL COSTS AND OPERATIONS COSTS.

AND SO YOU CANNOT TAKE MONEY FROM OPERATIONS AS STAFF WITHOUT COUNCIL APPROVAL.

CORRECT.

AND MOVE IT TO PERSONNEL COSTS TO COVER THESE.

SO THIS WOULD JUST ALLOW MOVEMENT OF MONEY AROUND DIFFERENT LIGHT ITEMS TO MAKE SURE THAT THERE'S ENOUGH TO COVER, UH, THE PERSONNEL LINE ITEMS TO MAKE PAYROLL FOR THE, THE REST OF 2023.

AND I DON'T HAVE THE COMPUTER HERE, BUT IT WAS LIKE $3.6 MILLION.

I THINK IT WAS 3.2, SOMETHING AROUND THERE.

UH, JUST OVER 3 MILLION THEN.

ALRIGHT.

AND THAT'S BEING MOVED AROUND IN THE BUDGET.

AND, AND MR. BELL ALSO SAID THAT NUMBER IS A VERY HIGH ESTIMATE THAT PROBABLY WILL NOT BE REFLECT, HE ALWAYS ADD, HE ALWAYS ADDS A LITTLE BIT MORE OF PERCENTAGE.

THE TRUE COST OF WHAT WILL ACTUALLY BE UTILIZED.

ANY OTHER DISCUSSION? OKAY.

MOTION CARRIES EIGHT TO ZERO.

NEXT IS ITEM 12

[ A Resolution Authorizing The City Manager To Execute A Sixth Amendment To The Electric Generation Supply Agreement With The Miami Valley Communications Council. (first reading)]

ITEM 12 GA RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE ELECTRIC GENERATION SUPPLY AGREEMENT WITH THE MIAMI VALLEY COMMUNICATIONS COUNCIL AT THE FIRST READ, RICK COMMENTS? UH, AGAIN, THIS IS, UH, AGGREGATION FOR CITY FACILITIES.

RECOMMENDATION WAS ADOPTION.

IS THERE A MOTION THIS EVENING, NANCY? YES.

MOVE TO APPROVE CHAIR.

SECOND, GLENN.

AND SECOND, IS THERE ANY DISCUSSION? FALSE.

MOTION CARRIES EIGHT TO ZERO.

AND NEXT

[ An Ordinance Approving Individual Assessments Amounts And Directing The Director Of Finance Or His/Her Designee To Certify The Amounts To The Applicable County Auditor For Collection, And Declaring An Emergency. (first reading) ]

IS ITEM 12 H.

ITEM 12 H AN ORDINANCE APPROVING INDIVIDUAL ASSESSMENTS AMOUNTS AND DIRECTING THE DIRECTOR OF FINANCE OR HI, HIS OR HER DESIGNEE TO CERTIFY THE AMOUNTS TO THE APPLICABLE COUNTY AUDITOR FOR COLLECTION AND DECLARING AN EMERGENCY AT THE FIRST READ.

RICK? UM, YEAH.

AS WE DIS DISCUSSED IN THE WORK SESSION, COUNSEL MUST PASS LEGISLATION FOR ANY TAX ASSESSMENTS FOR THINGS SUCH AS CODE ENFORCEMENT VIOLATIONS OR UNPAID UTILITY BILLS TO BE ADDED, UM, ONTO PEOPLE'S TAXES.

SO THAT'S WHAT THIS IS.

AND THE RECOMMENDATION WAS TO WAIVE THE SECOND READING AND ADOPT THE ITEM THIS EVENING.

IS THERE A MOTION TO WAIVE THE SECOND READING? DON, MOVE TO WAIVE ANITA.

IS THERE A DISCUSSION? TONY? MR. LYONS? YES.

AND WAIVING A SECOND.

READING CARRIES EIGHT TO ZERO.

NEXT NEED A MOTION FOR ADOPTION.

NANCY, MOVE TO APPROVE.

THERE A SECOND, ANITA.

WE HAVE A MOTION AND SECOND DISCUSSION.

TONY, MRS. KITCHEN? YES.

AND THE MOTION TO ADOPT ALSO CARRIES EIGHT TO ZERO.

AND NEXT WE HAVE THE ADDITIONAL AGENDA.

ITEM 12 I.

I A RESOLUTION IMPOSING A TEMPORARY MOR MORATORIUM ON THE ACCEPTANCE, CONSIDERATION AND OR GRANTING OF ANY ZONING, OCCUPANCY OR OTHER PERMITS, LOCAL LICENSES OR APPLICATIONS RELATING TO CULTIVATORS PROCESSORS OR RETAIL DISPENSARIES OF ADULT USE CANNABIS WITHIN THE CITY OF HUBER HEIGHTS AT THE FIRST READING.

ITEM 12

[00:45:01]

DRAFT WAS, UH, PROBABLY MID-AFTERNOON BECAUSE I, I KNOW, I KNOW IT WAS MENTIONED THAT THE, UM, UH, THAT AARON RELL OUR, OUR ZONING, UM, AND AND PLANNER, UM, HAD OPINED ON THIS.

AND IS THERE A MOTION OKAY, MOVE TO ADOPT NANCY.

SECOND A MOTION AND SECOND WE'LL MOVE ON TO DISCUSSION.

UM, SO I'M, I'M JUST GOING TO, SO TO START OFF AND, AND SAY HERE, I, I DO UNDERSTAND, UM, THAT ISSUE TOO WAS PASSED AND, AND VOTERS JUST SPOKE ABOUT THAT.

AND WE HAVE, UH, SOME ISSUES WITH THE STATE OF OHIO AND, UH, SOME OF THEIR ITEMS, THEY BELIEVE THEY'VE MADE IT PUBLICLY KNOWN.

THERE'S ABOUT 800 DIFFERENT LINE ITEMS THAT THEY'RE WORKING ON THROUGHOUT THIS LEGISLATION, UH, TO HAVE IT, TO HAVE IT READY, EVEN THOUGH THIS LEGISLATION GOES INTO EFFECT ON DECEMBER THE SEVENTH.

UM, I DON'T THINK YOU COPIES IF ANYBODY ELSE WOULD LIKE TO LOOK AT IT.

SO I JUST WANNA BE CLEAR.

I DON'T BELIEVE, UM, YOU KNOW, FROM, FROM MY PERSPECTIVE THAT THIS IS NOT, UH, A SITUATION WHERE, WHERE THIS COUNCIL IS TRYING TO CHANGE, UH, THE VOICE OF THE VOTERS, UM, AND WHEN THEY WENT TO THE POLLS AND APPROVED ISSUE TOO.

BUT I THINK, UH, THIS CAN BE DONE RESPONSIBLY.

AND RIGHT NOW WHEN THE STATE DOESN'T HAVE THEIR ISSUES TOGETHER, I THINK IT WOULD BE IRRESPONSIBLE FOR US TO, UM, TO MOVE FORWARD IF WE DON'T HAVE THE OPPORTUNITY TO REVIEW WHAT WE NEED TO REVIEW, UM, TO MAKE SURE THAT THIS IS, UH, IN EFFECT.

AND LIKE I SAID BEFORE, UH, IT IS, IT IS MY GOAL TO BE ABLE TO UPHOLD THE SPIRIT OF THE LAW THAT WAS PASSED WITHIN ISSUE TWO, WHILE ALSO BEING ABLE TO PROTECT THE CITIZENS OF HEBREW HEIGHTS WHO DON'T HAVE AS A DESIRE TO BE AROUND IT OR PARTAKE IN IT, ESPECIALLY IN OUR PUBLIC SPACES.

SO I THINK THIS IS, UH, AN OPPORTUNITY THAT GIVES US SOME TIME TO BE ABLE TO REVIEW THOSE ORDINANCES AND SEE IF THERE'S ANYTHING THAT WE NEED TO DO TO ADJUST BASED ON WHAT THE STATE LEGISLATION IS.

AND THEN THAT GIVES US TIME.

SO ONCE, UH, THAT LEGISLATION COMES DOWN AND IT IS, AND IT IS FINISHED AND APPROVED, THEN, THEN WE WILL HAVE THE ABILITY TO, UH, TO MOVE ALONG WITH THE STATE IN THE SPIRIT OF THE LAW.

SO THAT IS, UH, THAT WOULD BE, UH, MY POSITION AS THE PURPOSE OF THE, OF THE MORATORIUM.

SO I'D CERTAINLY OPEN IT UP TO ANY OTHER, ANY OTHER DISCUSSION? RICHARD? THANK YOU, MAYOR.

UM, CAN YOU TELL ME THE DATE THIS RESOLUTION WAS DRAFTED? I'M SORRY, REPEAT THAT PLEASE.

CAN YOU TELL ME THE DATE THAT THIS RESOLUTION WAS DRAFTED? UH, I DON'T KNOW THE EXACT DATE, BUT I BELIEVE IT WAS PROBABLY A FEW DAYS AFTER.

UM, MR. MONTGOMERY MADE ME AWARE THAT THE CITY HAD EXPOSURE BASED ON THE PASSAGE, UH, OR THE EFFECTIVE DATE OF THIS LEGISLATION FROM THE STATE BEING DECEMBER THE SEVENTH.

YEAH, I I CAN ANSWER THE QUESTION.

I CAN, I CAN ANSWER THAT.

AND IT WAS DRAFTED, UH, LAST WEDNESDAY, SO IT WAS THE DAY AFTER THE WORK SESSION.

THAT DRAFT HAS BEEN WORKED THROUGH, UH, WITH INPUT FROM, UM, STAFF IN REGARDS TO THAT.

SO I GUESS, MAYOR, MY QUESTION WOULD BE, IF THIS WAS DRAFTED LAST WEDNESDAY, WHY ARE WE JUST NOW SEEING IT TODAY? YEAH, WELL, I MEAN IT WAS A WORK, OH, SORRY.

IT WAS A WORKING DRAFT.

I MEAN, IT WASN'T, I DON'T FEEL THAT IT WAS PRESENTED PRESENTABLE TO YOU, I MEAN, UNTIL IT WAS IN A FORUM THAT COULD BE VOTED ON UNTIL THIS AFTERNOON.

PLUS WE WERE CLOSED ON THURSDAY AND FRIDAY.

SO, MR. MONTGOMERY, AM I, AM I TO ASSUME THAT YOU WERE WORKING ON THIS PRIOR TO THE WORK SESSION OR WAS YOU WORKING ON THIS ALL DAY ON WEDNESDAY? UH, I WAS NOT WORKING ON IT PRIOR TO THE WORK SESSION.

UH, I MEAN, AS I INDICATED EARLIER, MR. SHAW, MY MEMO TO YOU INDICATED THAT IT WAS MY RECOMMENDATION THAT COUNCIL CONSIDER A MORATORIUM.

AND SO COMING OUT OF THE COUNCIL MEETING, UH, THE WORK SESSION, AS MR. GORE INDICATED, UH, I HAD A CONVERSATION WITH HIM.

UH, 'CAUSE COUNCIL DIDN'T RAISE THE ISSUE ON THE MORATORIUM.

AND SO I HAD A CONVERSATION WITH HIM AS TO THE POTENTIAL EXPOSURE FOR THE CITY.

SO NOTHING WAS PREPARED IN ADVANCE OF THE WORK SESSION LAST WEEK, IF THAT'S WHAT YOUR QUESTION WAS.

SO, SO BETWEEN TUESDAY EVENING AND WEDNESDAY AND FINISHED UP TODAY, THIS WAS DRAFTED, UH, YEAH.

PROCESS CARD, THE PROCESS STARTED ON WEDNESDAY AND IT WAS FINALIZED TODAY.

WHAT, WHAT TIME WAS IT FINALIZED TODAY? UH, I CAN'T TELL YOU THAT.

I MEAN, IT WAS SOME TIME, UH, IT WAS EARLY AFTERNOON.

I DON'T KNOW THE EXACT TIME, BUT, UH, IT HAD BEEN CIRCULATED FOR COMMENTS AND THERE WERE SOME REVISIONS, UM, THAT WERE MADE.

AND THEN THE FINAL

[00:50:01]

HOWEVER, I DON'T SEE ANY OF HIS COMMENTS, UM, IN THIS LEGISLATION, NOR IN EMAIL CHAIN TO SEE WHAT COMMENTS HE HAD.

I, I GUESS WHAT I'M GETTING AT MAYOR, I DON'T HAVE A ISSUE WITH THE CONVERSATION.

I HAVE AN ISSUE WITH BEING PRESENTED A RESOLUTION, UM, WITHIN MINUTES AND HAVING TO VOTE ON IT WITHOUT THE RESIDENTS BEING ABLE TO SEE THIS WITHOUT PROPER DISCUSSION BEING TAKEN PLACE AT A WORK SESSION TIME TO PREPARE, UM, FOR THIS, UM, I, UH, I, I KNOW OTHER COUNCIL MEMBERS ON THIS DIOCESE HAVE HAD ISSUES IN THE PAST OF THROWING SOMETHING ON THE AGENDA AND, UH, AND HAVING IT PASSED THAT EVENING, UH, WITHOUT, UH, PROPER DUE DILIGENCE.

UM, I, I KNOW THIS COUNCIL AS A BODY HAS OPPORTUNITIES TO SCHEDULE SPECIAL MEETINGS, UM, TO, TO HANDLE THINGS OF THIS NATURE AS WE DID BACK IN 2017.

UM, AND THAT, UH, IS IN PLENTY OF TIME BEFORE THE EFFECTIVENESS.

UM, AS MENTIONED IN THE THIRD WHERE AS OF DECEMBER 7TH, UH, WE STILL HAVE PLENTY OF TIME TO DO THAT.

UM, UH, AGAIN, WITHOUT HAVING TIME TO, UH, TO, TO RESEARCH THIS, UM, TO FULLY, UH, YOU KNOW, EVOLVE MYSELF IN THIS, UM, I, I CAN'T SUPPORT ANYTHING OF THIS NATURE WITHOUT HAVING, UM, YOU KNOW, UH, A, THE, THE PLANNER'S COMMENTS.

I DON'T KNOW WHAT HIS COMMENTS WERE.

I DON'T KNOW WHAT THE WORKING DRAFT WAS.

UM, I DIDN'T SEE ANY TYPE OF, UM, YOU KNOW, LINE ITEMS FROM THERE.

UM, I'M JUST PRESENTED WITH THIS DOCUMENT, SO I'M, UM, I I'M A BIT DISAPPOINTED, MAYOR AND I, AND, UH, THOSE ARE MY COMMENTS AT THIS TIME.

ANY DISCUSSION, GLEN? JUST BRIEFLY, ALEX, SAY, I AGREE WITH MR. SHAW.

I BELIEVE THIS WAS LAST MINUTE THROWN AT US.

WE HAD NO DISCUSSION ON IT, NO TIME TO REVIEW REALLY, OR, UM, UH, OFFER ANY INPUT ON THE, ON THE ISSUE, AND THEREFORE I'M NOT GONNA BE ABLE TO SUPPORT IT EITHER.

UM, WELL, THIS, AGAIN, THIS DOESN'T MENTION THE PARKS PER SE.

ANY OTHER DISCUSSION? YES, ANITA, I JUST WANNA MAKE IT CLEAR TO RESIDENTS, THIS ISN'T SAYING THAT YOU CAN'T IN YOUR HOME USE MARIJUANA ONCE DECEMBER 7TH STARTS.

THIS IS FOR WHAT WE ARE GOING TO ALLOW IN PUBLIC SPACES.

SO THAT NEEDS TO BE, WE'RE NOT TRYING TO GO AGAINST WHAT THE VOTERS VOTED ON, IS WHAT I'M SAYING.

IT'S JUST FOR US TO SORT OUT WHAT IS GOING ON IN PUBLIC SPACES.

SO I JUST WANTED TO MAKE THAT CLEAR.

THANK YOU, ANITA.

AND, AND I THINK, UM, THAT, THAT IS EXACTLY, THAT'S BEEN, BEEN EXACTLY MY POINT ALL ALONG.

I THINK THAT THE SPIRIT OF THE LAW, WE'LL MOVE FORWARD, BUT I THINK THERE ARE SOME, THERE'S JUST SOME UNKNOWNS FROM THE STATE THAT, THAT DOESN'T MAKE ANY SENSE AT THIS POINT.

AND I THINK WE HAVE TO HAVE SOME PROTECTIONS IN PLACE FOR THE, FOR THE PEOPLE WHO, WHO, WHO DON'T.

YES.

RICHARD, THANK YOU.

UH, THANK YOU MAYOR.

UM, AS COUNCILWOMAN KITCHEN HAD NOTED, THIS DOES NOT AFFECT ANY, UH, ANY INDIVIDUAL, UH, WITH REGARDS TO THEIR PERSONAL RESIDENCE, UH, UH, IN REGARDS TO ISSUE TWO.

UM, CAN YOU, CAN YOU TELL ME IN THIS RESOLUTION WHERE THAT IS STATED? BECAUSE IT DOES STATE IN THIS RESOLUTION THAT THIS DOES GO IN FRONT OF THE PLANNING COMMISSION, UM, AND, UH, A REVIEW OF OUR CODIFIED ORDINANCES, WHICH BOTH ENTITIES HAVE, UM, JURISDICTION ON WHAT RESIDENTS DO ON THEIR PROPERTY.

WELL, I DON'T THINK THERE'S ANYTHING ABOUT THIS, AND I DON'T ADDRESS THIS TODAY, BUT THERE'S NOTHING IN THIS THAT WOULD GO AGAINST WHAT THE STATE LAW IS.

WE JUST DON'T KNOW WHAT THE STATE LAW IS.

THEN, THEN HOW CAN WE IDENTIFY THAT IN A RESOLUTION? YEAH, IF, IF, IF I CAN, MR. MAYOR.

SO THE RESOLUTION ITSELF BY, UH, THE VERY TITLE, AND IF YOU READ THROUGH IT, IT RELATES TO THE CULTIVATORS PROCESSORS IN RETAIL DISPENSARIES.

SO THOSE ARE THE THREE CATEGORIES, JUST AS UNDER THE MEDICAL MARIJUANA, UH, COMPONENT.

THOSE WERE THE THREE CATEGORIES.

SO NOWHERE WITHIN THIS LEGISLATION DOES IT TALK ABOUT PERSONAL USE, UH, ISSUE TO, UM, ALLOWS A CERTAIN NUMBER OF PLANTS TO BE GROWN INSIDE SOMEONE'S HOME FOR PERSONAL USE.

THIS ISN'T TALKING ABOUT THIS, THIS IS TALKING ABOUT, UH, ALL THE ITEMS THAT MRS. KITCHEN AND MR. GORE HAVE, HAVE SPOKEN TO.

AND AGAIN, IT'S SPECIFIC TO THE LICENSING, THE CULTIVATORS, THE DISPENSARIES, UH, AND THE PROCESSORS.

YES, RICHARD, THANK YOU MAYOR.

UM, MR. MONTGOMERY, IT WAS MENTIONED BY THE MAYOR THAT, UH, THIS, THIS MORATORIUM WAS PUT HERE, UM, AND DISCUSSED THROUGH YOUR OFFICE SO THAT RESIDENTS WOULDN'T HAVE TO WALK IN PUBLIC SPACES AND PARKS TO SMELL, UM, MARIJUANA.

CAN YOU TELL ME WHERE THAT'S ADDRESSED IN THIS RESOLUTION? YEAH, THE RESOLUTION IS SPECIFIC TO,

[00:55:01]

I MEAN, THAT GOES WITHIN SORT OF THE REGULATORY SCHEME THAT EVERYONE'S WAITING FOR TO SEE WHAT THE STATE IS DOING.

A VARIETY OF COMMUNITIES THROUGHOUT MONTGOMERY COUNTY, UH, ARE PUTTING ON SIMILAR MORATORIUMS BECAUSE EVERYONE IS SCRATCHING THEIR HEAD TRYING TO FIGURE OUT WHAT THE REGULATIONS ARE.

I CAN TELL YOU WHEN YOU LOOK AT THE CODIFIED CODE SECTION, WHICH CAME OUT AFTER ISSUE TWO, IT WAS UPDATED THE LAST TIME I LOOKED ON NOVEMBER 13TH, WHICH WAS THE SECOND UPDATE THAT WAS DONE TO THE STATUTORY SCHEME.

SO EVEN THE OHIO REVISED CODE IS TRYING TO CATCH UP WITH THE REGULATIONS AS THEY'RE MOVING FORWARD.

AND THERE ARE JUST A LOT OF MOVING PARTS TO THIS AND IS, I THINK HAS BEEN, YOU KNOW, REITERATED AND ENUMERATED MULTIPLE TIMES.

UH, THIS EVENING.

THE GOAL IS NOT TO OTHERWISE GO AGAINST THE WILL OF THE ISSUE TOO.

IT'S JUST SIMPLY TO ALLOW THE CITY THE OPPORTUNITY TO UNDERSTAND WHAT THE REG, WHAT THE REGULATIONS ARE, AND THEN TAKE APPROPRIATE ACTION TO PUT APPROPRIATE SAFEGUARDS INTO PLACE ON THE GOVERNANCE OF THE CITY AS A WHOLE.

SO, MR. MONTGOMERY, IS IT, IS IT YOUR LEGAL OPINION THAT THIS RESOLUTION DOES NOTHING? UM, WHEN IT COMES TO RECREATIONAL SPACES, PUBLIC SPACES AND THE PRIVATE AND OR PUBLIC USE OF RECREATIONAL MARIJUANA? WHEN IT COMES TO ISSUE TWO, AGAIN, THE MORATORIUM RELATES TO THE PERMITTING AND THE PROCESSING CULTIVATORS YOUR MICRO SYSTEMS, RETAIL DISPENSARIES.

SO IF YOU, IF SOMEONE WANTS, MAN, OKAY, THERE WE GO.

IF SOMEONE WANTS TO SIT IN THEIR BACKYARD AND ENJOY RECREATIONAL ADULT USE MARIJUANA, THIS DOES NOT PROHIBIT THAT FROM TAKING PLACE WITH THIS, AGAIN, THIS RELATES TO CULTIVATORS, RETAIL DISPENSARIES AND, UM, UH, PROCESSORS OF THE ADULT USE.

THOSE ARE MY COMMENTS AT THIS TIME.

GOOD, THANK YOU, MAYOR.

UM, SO MS. MONTGOMERY, JUST SO I CAN GET MY HEAD AROUND THIS, THIS, UH, THIS SIMPLY, UH, THIS DOESN'T CHANGE ANYTHING.

WE, WE DON'T HAVE THE ABILITY TO OVERRIDE ANYTHING THE STATE'S DOING THROUGH ISSUE TWO.

ALL THIS IS DOING IS HANDCUFFING ANY POTENTIAL COMMERCIAL OPERATIONS, CORRECT? UH, UH, IN ESSENCE, YEAH, I MEAN AS FAR AS, AS FAR AS ANY PUBLIC USE FOR PEOPLE HAVING IN THEIR BACKYARD OR ANYTHING ELSE, HUBER HEIGHTS IS GONNA BE THE SAME AS EVERY OTHER CITY THROUGHOUT OHIO, CORRECT? YEAH.

THE CITY SHOULD HAVE THE OPPORTUNITY TO PUT REGULATIONS IN PLACE.

I MEAN, PUBLIC USE IS, YOU MAY NOT NECESSARILY WANT SOMEONE SMOKING OR HAVING A DISPENSARY NEXT DOOR TO A PUBLIC PARK, RIGHT? SURE.

I MEAN, THERE MAY BE KIDS OR HOWEVER THE CITY DECIDES TO ULTIMATELY DO THAT.

THIS IS SIMPLY ALLOWING EVERYONE THE OPPORTUNITY TO FIGURE OUT WHAT THE STATE IS GOING TO CREATE IN THE FORM OF ITS REGULATIONS.

RIGHT.

AND THEN FOR THE CITY TO CRAFT ITS REGULATIONS IN REGARDS TO THE STATE REGULATIONS, WELL, I ASSUME AS WITH THE, UM, MEDICAL MARIJUANA PORTION THAT THE, UH, STATE IS GOING TO REGULATE DISTANCES FROM SCHOOLS AND DAYCARES AND THINGS OF THAT NATURE LIKE THEY DID WITH MEDICAL.

THAT'D BE MY ASSUMPTION ANYWAY.

CORRECT.

THAT I BELIEVE THAT TO BE CORRECT.

YES.

SO AGAIN, THIS, THIS, THIS PURELY JUST HANDCUFFS ANY POTENTIAL BUSINESS OPERATIONS WITHIN THE CITY, CORRECT? YES.

ANYTHING ELSE, ED? ONE QUICK QUESTION.

UM, MR. MONTGOMERY, UM, SO SINCE WE'VE BEEN TALKING ABOUT SMOKING OF THE MARIJUANA, UH, WHAT'S THE CURRENT STATE LAW, UH, REGARDING SMOKING IN PUBLIC PLACES? UH, THE CURRENT STATE LAW AS IT RELATES TO MEDICAL MARIJUANA? NO, JUST SMOKING IN GENERAL.

WELL, SMOKING IN GENERAL IS CURRENTLY ILLEGAL IN PUBLIC SPACES THROUGHOUT OHIO.

THIS LAW ISSUE TWO HAS NOT GONE INTO EFFECT YET.

SO ISSUE TWO, YES.

MEDICAL MAR, I MEAN, YES, SMOKING MARIJUANA IS ILLEGAL IN OHIO.

ABSENT IT BEING TIED TO A MEDICAL USE, MEANING THAT YOU HAVE ONE OF THE YEAH, I WAS JUST TALKING ABOUT THE CIGARETTES, SMOKING CIGARETTES IN OHIO.

YEAH, I SHOULD HAVE CLARIFIED THAT.

I MEAN, YOU CAN SMOKE A CIGARETTE OUTSIDE IN PUBLIC SPACE.

CORRECT.

IN PUBLIC SPACE.

UM, DO WE ALLOW THAT AT THE ROSE AND, AND I'M ASKING, I DON'T KNOW.

I WOULDN'T NOT KNOW THAT OFF THE TOP OF MY HEAD.

THAT'S CLEAR.

YES.

THERE'S A SECTION PEOPLE CAN GO TO AND, AND SMOKE.

YEP.

THEY'RE ALLOWED TO SMOKE CIGARETTES? WELL, I THINK THAT'S PART OF THE REGULATIONS THAT WE'RE WAITING TO FIGURE OUT.

BUT YOU HAVE TO GO IN THE SECTION AND WILL WILL THAT, WILL THIS, NOT THIS, BUT, SO WHAT HAPPENS TO SMOKING IN GENERAL WHEN MEDICAL, WHEN MARIJUANA BECOMES LEGAL IN DECEMBER? IS THAT ONE OF THE QUESTIONS THE STATE STILL HAS TO FIGURE OUT? OR ARE PEOPLE ABLE TO, UM, SMOKE MARIJUANA IN THE SAME PLACES

[01:00:01]

AND THEN THE SECOND STEP TO THAT QUESTION IS IF THERE IS THE ABILITY TO REGULATE, DOES THE CITY WANT OPEN SMOKING OF MARIJUANA ANYWHERE WITHIN THE ROWS OR DOES IT WANT TO REGULATE THAT TO CERTAIN RESTRICTED AREAS? YEAH.

AND TO THE PREVIOUS QUESTIONS THAT ISN'T ADDRESSED IN THIS LEGISLATION, IT'S JUST FOR THE, UM, CULTIVATORS AND SALE IN HUBERT.

IT'S NOT DEALING WITH THAT.

I GOT MY ANSWER.

NEXT UP IS ITEM 13, CITY OFFICIAL REPORTS AND COMMENTS.

ANY DISCUSSION? OKAY, MR. WEBB? YES.

AND MOTION PASSES FIVE TO THREE.

[13. City Official Reports And Comments]

ANYONE HAVE ANYTHING? THANK YOU, MAYOR.

UM, JUST WANNA LET EVERYBODY KNOW, TONIGHT WAS THE 21ST ANNUAL LIGHTING OF THE, UH, CHRISTMAS TREE DOWN AT THE HUBER CENTER BY THE, UH, UM, HISTORICAL HUBER HEIGHTS HISTORICAL SOCIETY.

UH, ACTUALLY IT STARTED OUT AS A CHAMBER EVENT AND KIND OF THE HISTORICAL SOCIETY TOOK OVER AFTER A FEW YEARS.

AND, AND IT'S BEEN A LONG, YOU KNOW, 21 YEAR EVENT NOW.

AND I CAN REMEMBER WHEN IT WAS JUST A LITTLE CHARLIE BROWN TREE THAT THEY WAS INITIALLY PUT UP AND IT'S REALLY GROWN.

AND THE TREE LOOKED NICE TONIGHT.

UM, IT'S COLD OUT AS USUAL, BUT I JUST WANNA SAY I APPRECIATE THE, UH, UM, HISTORICAL SOCIETY FOR EVERYTHING THEY DO FOR HUBER HEIGHTS IN GENERAL.

THEY REALLY, UM, UM, THEY REALLY DO A LOT WITH VERY FEW VOLUNTEERS AND I WANT TO THANK THEM PUBLICLY FOR WHAT THEY'VE DONE AND AND FOR THEIR TREE LIGHTING TONIGHT.

SO THANK YOU MAYOR.

THANKS GLENN.

ANYONE ELSE HAVE ANY COMMENTS? YES, NITA, I THINK WE NEED TO REMIND PEOPLE OUR TREE LIGHTING WILL BE THIS SATURDAY AT EEL BERGER FROM FIVE TO SEVEN.

YES, KATE, TO TAG ONTO TO MRS. KITCHEN'S COMMENT, MY FRIEND SANTA CLAUS IS COMING TO TOWN.

I HOPE YOU CAN BRING YOUR CHILDREN OUT AND ENJOY IT WITH US.

ANYONE ELSE? DON? I JUST HAVE A VERY BRIEF STATEMENT REGARDING OUR CITY MANAGER.

UM, RICK, I'VE GOTTA TELL YOU THAT I'M THOROUGHLY IMPRESSED WITH THE CITY'S RESPONSE AND YOUR RESPONSE, UH, ALONG WITH YOUR STAFF AND THE IT FIRM YOU'VE BROUGHT IN REGARDING THIS, UM, UH, RANSOMWARE ATTACK.

UH, YOU MOVED MUCH FASTER THAN I THINK ANY OF US COULD HAVE EVEN HOPED FOR, AND I THINK THE SITUATION IS CLEARLY UNDER CONTROL.

I JUST WANNA LET YOU KNOW, UM, UH, I AS A COUNCIL MEMBER REALLY APPRECIATE THAT AND WOULD LIKE YOU TO EXTEND THOSE THANKS TO YOUR STAFF AND THE IT, UH, PROFESSIONALS.

THANK YOU SO MUCH.

APPRECIATE IT.

THANKS DON.

ANITA, I SHOULD HAVE TOUTED THIS TO, WITH THE TREE LIGHTING.

WE ARE ALSO COLLECTING TOYS FOR TOTS.

UM, A CUTE LITTLE DAISY TROOP THAT I MIGHT BE A LITTLE PARTIAL TO IS DOING THAT AS THEIR SERVICE PROJECT.

SO IF YOU'RE ABLE TO PLEASE BRING A UNWRAPPED TOY TO DONATE FOR TOYS FOR TOTS SATURDAY.

AND WHERE IS, I KNOW WE HAVE, UH, SOME SPACE THAT WE'RE USING FOR TOYS FOR TOTS, CORRECT? WITHIN, IN, IN THE CITY.

THE FIRE DEPARTMENT.

OH, FIRE DEPARTMENT.

IT'S THE NORTH POLE OF HUBER HEIGHTS.

IT'S AN UNDISCLOSED LOCATION THAT SANTA OPERATES OUT OF.

I JUST WANNA MAKE SURE IF SOMEBODY DOES WANNA MAKE A DONATION THAT'S NOT AT THE, IF SOMEBODY WANTS TO ON PARADE, THEY CAN REACH OUT TO ME AND HAS A HOUSE.

THE STONE, THE, IS IT STONE STONES, STONES STONE, HURST LIGHTS, STONE FLIGHT ACROSS FROM WHERE WALMART IS.

I'M MORE THAN HAPPY IF SOMEBODY REACHES OUT.

IF THEY WANNA MAKE A DONATION, I WILL MEET 'EM AND GET THE DONATION.

OR THEY CAN BRING IT TO CITY HALL AND YOU COULD PICK IT UP.

YEAH, THEY'RE OPEN EIGHT TO FIVE.

PERFECT.

UM, YEAH, WE USED TO HAVE IT HERE IN CITY HALL 'CAUSE THERE A CHANCE WE COULD GET A BARREL BROUGHT IN HERE.

YEAH, I'LL LOOK INTO THAT.