Jul 28, 2025 City Council Meeting

[1. Call The Meeting To Order - Mayor Jeff Gore]

[00:00:09]

>> GOOD EVENING, EVERYONE, WELCOME TO HUBER HEIGHTS REGULAR

[3. Pledge Of Allegiance]

OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO 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. MR. KIMBALL. MS. BYRGE . MR.

[4. Roll Call]

AIKENS . MS. KITCHEN . >> ANITA CONTACTED AND LET ME KNOW SHE WAS NOT ABLE TO BE HERE THIS EVENING.

>> ANY DISCUSSION? >> CALL THE ROLL, PLEASE.

>> MISS BAKER? MS. CAMPBELL? MR. AKINS? MR. LOONEY? MR. DAVIDSON?

[5. Approval Of Minutes]

THOSE OF THE DISTRIBUTED, ANY QUESTIONS, COMMENTS? OKAY,

[13. Executive Session]

READ THOSE REASONS? >> A MOTION TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS WITH AN ATTORNEY FOR THE CITY DISCERNING DISPUTES THAT ARE THE SUBJECT OF PENDING OR IMMINENT COURT

ACTION. >> THANK YOU.

>> SECOND. >> ANY DISCUSSION?

>> OKAY. >> MR. CAMPBELL? MISSES BYRGE? MR. AIKENS? MR. LOONEY? MR. WEBB? MS. BAKER?

>>

>> IT IS 7:10. WE ARE OUT OF EXECUTIVE SESSION, THERE HAS BEEN NO SPECIFIC DECISIONS MADE. NEXT WE WERE ONE ITEM NUMBER

[7. Citizens Comments - Agenda Items]

>> DONE THIS EVENING. >> CITIZEN COMMENTS ON SPECIFIC

AGENDA ITEMS? >> I HAVE ONE TO SPEAK ON ITEM

10 BE. >> NESS, ITEM NUMBER EIGHT, CITY

[8. City Manager Report]

MANAGER REPORT. >> A COUPLE OF THINGS HERE. THIS WILL BE THE LAST WEEK YOU SEE THIS, THANKFULLY. BECAUSE THIS IS SATURDAY, OUR SHREDDING EVENT. COME OUT TO THE ROSE MUSIC CENTER BETWEEN 9:00 AND 11:00 WITH YOUR CLASSIFIED DOCUMENTS AND WE WILL HELP YOU SHRED THEM. NEXT TUESDAY, AUGUST 5TH, THE NATIONAL NIGHT OUT CELEBRATION WITH OUR PD . WE WILL HAVE PD, FIRE, EVERYONE OUT IT IN HIGH SCHOOL. I WANTED TO MENTION, THIS DOES AFFECT OUR SCHEDULE, RIGHT? NO, YOU'RE GOOD. I JUST WANT TO REMIND EVERYBODY, OUR WORK SESSION WILL BE MONDAY. BECAUSE OF THIS. YEAH, SO POLICE NEWS, WE DID SWEAR IN OFFICER TATYANA POLK LAST WEEK. IRONICALLY, WE HAD TO WAIT FOR HEARD TURN 21 SO SHE COULD BE CERTIFIED. SHE ACTUALLY GOT CERTIFIED THIS LAST MONTH, WHEN SHE TURNED 21, WE WENT TO THE SWEARINGEN PROCESS. SHE DOES HAVE A BACKGROUND IN HIGH SCHOOL, SHE WENT TO THE PUBLIC SAFETY CADET PROGRAM. THEN SHE ALSO WAS A GRADUATE OF STATE CAMPUS POLICE ACADEMY. WE HAVE STARTED HYDRO FLUSHING. IT IS ALL OVER SOCIAL MEDIA, IF YOU HAVE NOT SEEN. THIS WEEK WE ARE BETWEEN, ON THE MAP WE ARE DOING BETWEEN TAYLORSVILLE AND CHERRY'S BIRD ROAD, AND OUT OF THE CITY LIMITS TO THE EAST. SO TUESDAY, TOMORROW, WE DO HAVE A FOOD TRUCK RALLY AT THOMAS CLUB PARK . WE HAVE VENDORS THAT WILL BE SET UP FROM 4:00 TO 8:00 P.M. JUST TO KEEP YOU ABREAST, I KNOW I GAVE YOU A GRANT UPDATE A COUPLE WEEKS BACK, BUT AS THEY COME IN NOW I TRY TO MAKE SURE YOU ARE AWARE OF WHAT'S GOING THE FIRE DEPARTMENT DID JUST RECEIVE AN ENERGY SAFETY GRANT.

$2500, WITH THAT THEY WILL BE BUYING THE NEW RESCUE KIT, WHICH INCLUDES THE HOIST THAT YOU SEE HERE FOR RESCUE TRUCK.

HOLDING LOADS, BUT ALSO TRANSFERRING LOADS. SO IF THERE

[00:05:04]

QUESTIONS? >> THANK YOU, MAYOR. CAN YOU TELL ME, WHAT IS THE HUBER HEIGHTS THAT WE HIRED, IS SHE A

RESIDENT? >> SHE IS NOT, SHE IS FROM CENTERVILLE, ACTUALLY. WHICH IS GREAT. WE TOLD HER THAT.

>> JOHN, I WAS HAPPY TO SEE THAT ON THE TAYLORSVILLE ROAD RUSTIC WOODS SIGN, CITY RESPONDED SAME PROTOCOL THAT WE DID WE PUT IT ON SHAW AND TROWBRIDGE, THERE WILL BE PLENTY OF NOTIFICATION.

THEY PUT UP THE DIGITAL SIGNS FIRST, AND THEN THEY UP THE FLAGS ON TOP OF THE NEW SIGNS. I CAN SAY THAT EVEN WITH THAT AND LIVING THERE FOR 20 YEARS, IT IT STILL TOOK ME A WHILE TO GET USED TO A NEW STOP SIGN. SO I APPLAUD THE CITY FOR DOING THAT.

BECAUSE IT TAKES A LITTLE WHILE FOR THE NEIGHBORS . I THINK SOMEBODY CALLED IT MUSCLE MEMORY, YOU HAVE THIS MUSCLE MEMORY OF NOT STOPPING THERE AND SUDDENLY YOU NEED TO STOP THERE.

>> THANK YOU, DON. ANY OTHER QUESTIONS? OKAY. THANKS, JOHN.

[ A Resolution Declaring The Necessity Of Repairing Sidewalks, Curbs, Gutters, Driveway Approaches, And Appurtenances Thereto On Portions Or All Of Certain Streets In The 2026 Sidewalk Program, Providing That Abutting Owners Repair The Same. (first reading)]

>> NONE THIS EVENING. >> ITEM NUMBER 10, NEW BUSINESS

ADMINISTRATION. WE HAVE 10 A. >> A RESOLUTION DECLARING THE NECESSITY OF REPAIRING SIDEWALKS, CURBS, GUTTERS, DRIVEWAY APPROACHES, AND APPURTENANCES THERETO ON PORTIONS OR ALL OF CERTAIN STRE PROGRAM, PROVIDING THAT THE ABUTTING OWNERS REPAIR THE SAME.

>> JUST AS RUSS AND AARON DESCRIBED, THIS IS A 2026

SIDEWALK ROOM. >> RECOMMENDATION IS TO ADOPT.

>> MOVED TO ADOPT . >> SECOND.

>> IS THERE DISCUSSION? >> MISSES BYRGE? MR. AIKENS? MR. LOONEY? MR. WEBB? MR. DAVIDSON? MS. BAKER?

>> SORRY, SO SORRY . >> SORRY, I SWITCHED IT WITH THE EXECUTIVE SESSION. MR. CAMPBELL. WE WOULD RATHER HAVE IT RIGHT.

[ A Resolution Authorizing The Execution Of A Development Agreement With Carriage Trails Co. LLC. (first reading)]

>> NEXT UP IS ITEM NUMBER 10 B .

>> A RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH CARRIAGE TRAILS CO. LLC . FIRST READING.

>> THIS IS THE DEVELOPMENT AGREEMENT THAT AARON PRESENTED,

WHICH IS BASICALLY CT TWO. >> RECOMMENDATION OF THE WORK SESSION IS ADOPTION. IS THERE A MOTION?

>> TO ADOPT. >> SECOND.

>> OKAY, WE HAVE A MOTION AND A SECOND, AND WE DO HAVE SOME, IS THERE ANY DISCUSSION FIRST UP FROM COUNCIL? OKAY, WE HAVE A RESIDENT WHO WISHES TO SPEAK ON THE ITEM?

>> GOOD EVENING. SONNY SCHWARTZ. I DIDN'T REALLY PREPARE ANYTHING TO JUST READ, GO THROUGH MY FIVE MINUTES OR WHATEVER, AND THEN GO SIT DOWN. SO I HOPE THAT I CAN ASK SOME QUESTIONS . FIRST I WAS JUST WANTING TO KNOW HOW THIS BASIC DEVELOPMENT PLAN DIFFERS FROM THE BASIC DEVELOPMENT PLAN THAT WAS APPROVED LAST YEAR . SINCE WE'VE ALREADY HAD ONE THAT WAS APPROVED, I DID NOT UNDERSTAND WHY WE HAD TO GO THROUGH AND WRITE OUT THIS ONE AND APPROVE THIS ON IF THEY ARE THE SAME.

>> THIS IS A DEVELOPMENT AGREEMENT.

>> YEAH. >> OKAY,WE APPROVED

[00:10:05]

>> A BASIC DEVELOPMENT PLAN. YOU APPROVE THBASIC S. SO DEVELOPMENT PLAN, NEXT COMES THE DEVELOPMENT AGREEMENT.

>> OKAY. SO WE DID NOT APPROVE AND DEVELOPMENT AGREEMENT LAST YEAR? OKAY. I'VE SEEN IN THEIR WHERE IT STATES, AGAIN, GIVEN SIGNIFICANT FLEXIBILITY FOR THE STREETS . AND I KNOW THAT THE SCHOOL BUSES ARE 8 TO 9 FEET WIDE , A COMPACT SUV IS AROUND SIX FEET, STANDARD CAR IS FIVE FOOT EIGHT. SCHOOL BUSES SHOULD HAVE 11 FEET OF LANE, UNOBSTRUCTED, PER THE NATIONAL ASSOCIATION OF CITY TRANSPORTATION OFFICIALS. SO, I JUST WANT TO MAKE SURE THAT WHEN WE ARE GIVING THAT SIGNIFICANT FLEXIBILITY THAT WE ARE KEEPING THAT IN MIND, BECAUSE THERE ARE BUSES THAT ARE NOT ABLE TO GET THROUGH WITH PARKING ON BOTH SIDES, AND SO BUSES ARE HAVING TO LAY ON THEIR HORNS , WAIT FOR SOMEONE TO COME OUT ON WITH THEIR VEHICLE . SO I JUST HOPE THAT BEFORE THINGS START TO GET BUILT, THAT WE ARE ADDRESSING THOSE CONCERNS AHEAD OF TIME, INSTEAD OF REACTING TO THEM

LATER. >> HOW IS THAT DIFFERENT , ALL APPROVED FROM THE FIRE PERSPECTIVE? THWOULD SEEM THE SAME SIZE , NOT BECAUSE IT WAS A SCHOOL BUS. I KNOW PART OF THE THING WITH THE STREET SIGNS , YOU KNOW, ONE OF THE WAYS THAT YOU TRY TO NARROW THAT STREETSCAPE , IT'S ONE OF THE WAYS TO TRY TO REDUCE THE SPEED. WHICH HAS ALSO BEEN AN ISSUE UP IN THAT AREA. SO I THINK ALL OVER THE CITY WE'VE BEEN LOOKING AT WORKING ON TRAFFIC CONTROL, TRYING TO GET PEOPLE WHO ARE SPEEDING TO SLOW DOWN . OUR STREETS AND SIDE STREETS DID NOT FEEL LIKE RACEWAYS. BUT IF ONE OF OUR BIGGEST FIRE APPARATUS CAN NEGOTIATE THAT SHOULD BE ENOUGH.

>> ALL THE ROADWAYS GO TO THE FIRE DIVISION FOR APPROVAL.

>> IS THAT BASED ON OUR LARGEST FIRE PRACTICE?

>> YES, WE USE THE DISTRICT. >> OKAY, THANK YOU.

>> JOHN, I WILL SEND YOU AN EMAIL LATER ABOUT MY STREET, BEING A CUL-DE-SAC AND STUFF. ANYWAYS, I DO UNDERSTAND THAT THEY CAN MAKE WILL SLOW DOWN. STREET TREES, WHICH I KNOW THAT WE'VE TALKED ABOUT FOR CARRIAGE TRAILS, TOO. THAT'S ANOTHER THING, BECAUSE THAT IS GOING TO KIND OF BLIND THE VIEW A LITTLE BIT, WHICH CAN, IN TURN, SLOW DOWN PEOPLE. I NOTICED ON THERE FIREHOUSE AND I WAS JUST THE WONDERING IF THERE'S GOING TO BE SEPARATE ASSESSMENTS FOR THE FIREHOUSE, FOR THE SCHOOL, FOR THE PLAYGROUND, OR IS THAT ALL ENTWINED WITH THIS IN CA? EARTH IS GOING TO BE LIKE SEPARATE ASSESSMENTS ?

>> NO, IT'S ALTOGETHER. >> OKAY. AND THE IN CA FEES ARE ONLY FOR THATDISTRICT, CORRECT? IT CAN'T BE IMPOSED ON THE CARRIAGE TRAILS, ONE, IT'S ONLY ON CARRIAGE TRAILS TWO.

>> I AGREE. >> OKAY .

>> YEAH, I KNOW HE'S GOING TO REPLY WITH SOME OF THE IN CA STUFF, SO HOPEFULLY HE'S GONE WITH YOU ON THAT.

>> HE REALLY HAS NOT. BUT IT'S OKAY, I KNOW THERE ARE STILL SOME THINGS ARE UP IN THE AIR. BECAUSE I KNOW THAT THE SCHOOL STILL HAS NO IDEA HOW MUCH MONEY THEY COULD POTENTIALLY GET FROM THE NCA. I KNOW THAT THE SITE PLAN CALLED FOR 396 SINGLE-FY HOMES . THE PATIO HOMES, TOWNHOMES, DO WE KNOW IF ANY OF THAT IS CHANGED OR NOT, SO THAT THE LOCAL SCHOOLS CAN START MAKING SOME SENSE OUT OF THE PLAN , SO THEY CAN SEE TRUE PROJECTIONS AS TO HOW MANY STUDENTS THEY MIGHT GET IF THEY NEED AN ELEMENTARY, LIKE THIS SAYS? OR IF IT SHOULD BE A MIDDLE SCHOOL OR HIGH SCHOOL ? IF THEY DON'T HAVE ANY OF THESE TYPES OF NUMBERS, THEY HAVE NOTHING TO GO ON. BUT YET, THIS AGREEMENT SAYS THAT , AGAIN, THAT THEY NEED TO DO AN

[00:15:02]

ELEMENTARY SCHOOL. >> I DO KNOW THAT ERIN REACHED OUT TO I THINK THEIR INTERIM FINANCIAL PERSON .

>> YEAH, THE TREASURER. >> SO ERIN AND THAT PERSON HAVE BEEN SPEAKING. I DON'T KNOW HOW THE EMAILS WENT, BUT I KNOW THEY REACHED OUT TO ERIN AND AARON REPLIED. I CAN FIND OUT WHAT THE GIST OF THAT EMAIL THREAD LOOKS LIKE.

>> OKAY, YEAH, BECAUSE I'VE BEEN SPEAKING WITH THE SUPER AND THE BOARD, AND THEY SAID THAT THEY HAVE TALKED WITH THE CITY, THEY TALKED WITH THE KEEPER, AND THEY STILL HAVE ANY ANSWERS.

>> MR. SCHWARTZ, THAT IS FIVE MINUTES NOW.

>> OKAY. I WILL SAVE THE REST FOR LATER. THANK YOU.

>> THANK YOU. ANY OTHER DISCUSSION BY COUNCIL? IF YOU

COULD CALL THE ROLL PLEASE. >> MAYOR RODGERS. MR. AKINMR. LOONEY. MR. DAVIDSON. MS. BAKER. MISSES BYRGE. MOTION CARRIES

[11. Citizens Comments - General]

>> YES, WE HAVE SEVERAL THIS EVENING.

>> HELLO, MY NAME IS ANDREW BROOKSHIRE. I LIVE ON HEMINGWAY ROAD. ON JUNE 28, ALL OF THE RAIN AND THE FLASH FLOODING THAT CAUSED THE CITYWIDE DRAIN ISSUE CAUSED WASTEWATER TO BACK UP INTO MY HOME, ON THE BOTTOM FLOOR OF MY HOME, AND MY DOWNSTAIRS TOILET. ME AND MY FRIENDS WERE THERE, JUST HANGING OUT. WE HAD TO, ALL OF US BAREFOOT IN THERE, TRYING TO MITIGATE SOME OF THE WASTEWATER FROM GETTING INTO THE REST OF MY HOME. HOWEVER, IT RUINED A LOT OF MY CARPET. DISTURBED ASBESTOS-CONTAINING MATERIAL, WHICH I HAD TO REMOVE USING PPE GEAR, SEALING OFF THE REST OF THE HOUSE, SEALING OFF THE HVAC STOOD SYSTEMS. MY HOMEOWNERS INSURANCE AGENT DID NOT RECOMMEND TO VE BACKFLOW ON MY COVERAGE. NO ONE EVER TOLD ME THAT THIS IS SOMEONE THAT HAPPENS. IT'S THE FIRST TIME I'VE EVER OWNED. I'M STILL PRETTY NEW TO A LOT OF THIS. I WORKED WITH ANITA, WHO IS NOT HERE TONIGHT. I WORKED WITH JOHN RUSSELL AND HIS ASSISTANT, AARON. I'VE ALSO SPOKEN WITH I BELIEVE HER NAME IS MELISSA SHERMAN, WITH HR. I KNOW THAT THERE IS A CLAIM WITH SELECTIVE INSURANCE RIGHT NOW THAT IS KIND OF IN THIS , THEY ARE INVESTIGATING, AND I'M KIND OF JUST STUCK IN THE MIDDLE. I DON'T HAVE THE MONEY TO FIX THIS KIND OF STUFF. TO HAVE A PROFESSIONAL REMOVE ASBESTOS MATERIAL WOULD BE $13,000 . TO FIX ALL THE STUFF THAT WAS BROKEN AND MESSED UP WOULD COST ME ANOTHER 20 SOMETHING THOUSAND DOLLARS. I DON'T HAVE THIS KIND OF MONEY. I HAVE THREE CHILDREN.

I HAD TO DO WHAT I COULD TO MAKE THE HOUSE SAFE MY KIDS TO LIVE IN. THE STANCE FROM THE CITY GOVERNMENT HAS BEEN VERY MUCH IT IS IN THE HANDS OF OUR INSURANCE COMPANY. I UNDERSTAND THAT IS THE COURSE OF ACTION WEARE TAKING. THAT TAKES TIME. I UNDERSTAND THAT. I'M NOT HERE TO FUSS OR YELL AT ANYONE IN PARTICULAR. I THINK THE PEOPLE I'VE TALKED TO HAVE TRIED TO HELP AS MUCH OF THE CODE. BUT I THINK THAT THAT STANCE IS NOT ENOUGH. I THINK THAT IF YOU HAVE A CITIZEN THAT'S HAVING AN ISSUE, I'M NOT THE ONLY ONE TO HAVE THE ISSUE. THE NEIGHBOR ACROSS THE STREET HAD CORNER TO CORNER FLOODING, RUINED EVERYTHING IN HIS HOUSE. AND WE ARE JUST KIND OF WAITING. THIS HAS UPROOTED MY LIFE. I KNOW IT IS NOT UPROOTING EVERONE ELSE'S LIFE. A LOT OF THE GUYS PROBABLY DID NOT HAVE THIS HAPPEN. BUT I AM IN THE MIDDLE OF THIS. I HAD TO TAKE TIME OFF WORK THAT I DID NOT HAVE A THROWAWAY. I HAVE HAD TO SPEND MONEY OUT OF MY SAVINGS. I'VE HAD NO SAVINGS LEFT. I'VE HAD TO PUT MONEY ON CREDIT CARDS THAT I WAS GETTING CLOSE TO PAYING OFF. I LOST A YEARS WORTH OF DEBT. THE PROGRESS THAT I MADE. MAYBE IF I HAD A BACKWATER VALVE, THAT'S $6000 FOR WRIGHT BROTHERS PLUMBING TO PUT IN. THE LACK OF ACTION MAKES ME LOSE THE CONFIDENCE I'M SUPPOSED TO HAVE IN CITY GOVERNMENT. LISTEN, I CAN'T AFFORD TO REPLACE MY CARPETS. I CAN'T REPLACE THE DRYWALL I HAVE TOCUT. I CAN'T REE THE BASEBOARDS THAT HAVE BEEN RUINED, THE DOOR THAT WAS RUINED. AND I THINK THIS IS JUST ON EXCEPT OLD. I WANT HELP, ANOTHER THERE ARE CERTAIN PATHS THAT HAVE TO BE TAKEN. I GUESS I JUST DON'T UNDERSTAND WHY THIS IS THE PATH THAT HAS TO BE TAKEN. WHY IS IT THAT I HAVE TO WAIT FOR AN INSURANCE COMPANY TO STARING CONTEST ANOTHER INSURANCE COMPANY, JUST TO GET SOME HELP? THAT'S PRETTY MUCH

ALL I HAD TO SAY. >> OKAY, THANK YOU. WE

APPRECIATE YOU BEING HERE. >> YEAH, AND IT IS THE CITY'S

[00:20:02]

CARD AFTER THIS. >> I APPRECIATE THAT.

>> NEXT UP WE HAVE JEFF MORFORD. >> MIAMI COUNTY, BETHEL TOWNSHIP . FREEDOM, FREEDOM, FREEDOM. I TAKE THE TIME TO ATTEND PUBLIC HUBER HEIGHTS CITY COUNCIL MEETINGS TO EXPLAIN HOW THE HUBER HEIGHTS CITY COUNCIL'S HAVE AS REPRESENTATIVES OF HUBER HEIGHTS CITIZENS OVER MANY YEARS. I BELIEVE THE MAYOR AND HIS ASSOCIATES DO NOT LIKE MY COMMENTS, OR THAT MY MESSAGE IS REACHING THE CITIZEN OF HUBER HEIGHTS. THE MAYOR HAS ON MULTIPLE OCCASIONS CUT MY FIVE-MINUTE PUBLIC COMMENT TIME IN HALF . LAST MEETING CUT MY TIME DOWN TO TWO MINUTES AND THREATENED TO REDUCE IT EVEN MORE. I HOPE THE HUBER HEIGHTS CITIZENS ARE WASHING. WATCHING HOW THEIR ELECTED COUNCILMEMBERS ARE REACTING TO PUBLIC COMMENTS THEY DON'T WANT TO HEAR. THEY DON'T WANT YOU TO HEAR. JUST BECAUSE THE MAYOR AND HIS ASSOCIATES DON'T LIKE MY MESSAGE, THEY THINK IT'S OKAY TO STOP MY RIGHT TO FREELY SPEAK ON MY MIND. TO PASS TRUE INFORMATION TO THOSE WHO NEED TO HEAR IT. I AM TELLING THE TRUTH , AS IT IS WHAT HAS TRANSPIRED. IF I WAS TELLING LIES, I'M SURE THE MAYOR WOULD HAVE POINTED THEM OUT. BUT THAT IS NOT HAPPEN. I SAY AGAIN, JUST BECAUSE MY COMMENTS ARE NOT COMMENTARY , AS PUBLIC OFFICIALS DURING A PUBLIC MEETING, YOU HAVE NO RIGHT TO RESTRICT MY COMMENTS FROM THE FIVE MINUTES ALLOWED VOICING THEM . SHAME ON YOU FOR YOUR ACTIONS. BUT THAT I EXPECT ANYTHING MORE FROM A GROUP THAT IS WILLING TO PUSH THEIR AGENDA KNOWINGLY, WILLINGLY, INDIRECTLY CAUSING PAIN AND SUFFERING TO YOUR NEIGHBORS? HIDING BEHIND A LOG CRAFTED BY LIKE-MINDED LAWMAKERS, MOTIVATED BY MONEY

AND IN ADDITION. >> YOU HAVE ABOUT 30 SECONDS.

>> WILLING TO DENY TAXPAYING CITIZENS THERE ABILITY TO LIVE THE DREAM THEY SEE IS RIGHT. NOT A LEAD INTO LIVING THE DREAMS OTHERS HAVE ADMISSION. WE ARE ALL AMERICANS, WE LIVE IN A DEMOCRATIC REPUBLIC, WE ALL PAY OUR TAXES, WE ALL HAVE THE SAME RIGHTS. FOR ANY CITIZEN OR COMMUNITY TO BELIEVE THEIR RIGHTS ARE SUPERIOR OR MORE IMPORTANT THAN OTHER CITIZENS AND COMMUNITIES IS UNACCEPTABLE AND WRONG.

>> YOUR TIME IS UP THIS EVENING. >> I DON'T THINK I REPEATED ANYTHING. I DON'T KNOW WHY YOU CUT MY TIME. WAS THERE SOMETHING

I WAS SAYING THAT I REPEATED? >> I WILL REPEAT THAT WE ACT LEGALLY, WE ACTED WITHIN THE LAW. I THINK THAT EVERYONE APPEAR HAS MADE THE CLAIM THAT WE ARE NOT ASHAMED OF THE DECISION THAT WAS MADE THE YOU KEEP CLAIMING THAT WE ARE.

>> I NEVER CLAIM YOU DID ANYTHING ILLEGAL.

>> I DON'T MIND THE PEOPLE ARE HEARING WHAT YOU ARE SAYING.

>> THEN LET ME TALK. >> EVERYTHING WE HAVE HEARD OVER AND OVER AGAIN FROM YOU FOR THE LAST TWO YEARS. THAT'S JUST WHERE WE ARE AT. OKAY? SEE YOU IN A COUPLE OF WEEKS. ANY OTHER

COUNCIL COMMENTS? >> I HAVE ONE OTHER. WANTING TO

SPEAK UNDER GENERAL COMMENTS. >> OKAY.

>> AGAIN, CINDY SCHWARTZ. I WENT THROUGH EVERYTHING ELSE THAT I WAS GOING TO TALK ABOUT PRIOR, AND I CAN JUST SEND EMAILS TO ASK A FEW MORE QUESTIONS. THERE'S ONLY TWO OTHER THINGS THAT I WANTED TO ADDRESS IN GENERAL COMMENTS. IN THAT WAS THE TESTIMONY THAT OUR MAYOR PROVIDED TO THE STATEHOUSE REGARDING ANNEXATION LAWS . I HAVE NO IDEA WHY YOU LIED. YOU SAID THAT BETHEL WAS ASKED IF THEY WOULD DO THE DEVELOPMENTS AND EVERYTHING. AND THAT THEY FLAT OUT SAID NO. AND THAT WAS SAID MULTIPLE TIMES. I AM HERE TO PUBLICLY SAY, ON RECORD, THAT THAT NEVER HAPPENED. THERE WAS A MEETING THAT HAPPENED HERE ABOUT TWO YEARS AGO OR SO BETWEEN THE CITY AND BETHEL TOWNSHIP. AND DON BLACK STATED THAT HE WANTED TO WORK WITH THE DEVELOPER, BUT HE COULDN'T, BECAUSE OF SECTION 4.9 IN THE DEVELOPER AGREEMENT THAT STATED THAT THAT LAND THAT HE HAD FIRST READ THE REFUSAL ON, THE BILL KEEPER COULD NOT TALK TO HIM, THEY COULD NOT WORK

[00:25:03]

THERE IS NOTHING IN OUR RULES OF COUNCIL FOR PUBLIC ANTICIPATION THAT SAYS ANYTHING ABOUT REPETITIVE SPEECH AND CUTTING SOMEBODY OFF. EACH AND EVERYONE OF YOU THAT DO NOT SPEAK ARE ALLOWING A VIOLATION OF HIS FIRST AMENDED. I'M JUST MAKING THAT CLEAR. YOU DON'T HAVE TO LIKE WHAT HE SAYS OR WHAT I SAY.

YOU MIGHT GET TIRED OF HEARING ABOUT IT. BUT IT IS 10 MINUTES A

MONTH. >> WHAT ARE THE ACTUAL RULES

REGARDING PUBLIC PARTICIPATION? >> WHAT'S MY TIME. WHAT'S MY

TIME? >> THERE IS NO, WE ALLOW THAT EVEN THE PUBLIC SPEAKING AT A MEETING IS NOT A REQUIREMENT.

>> IT'S NOT A REQUIREMENT, BUT IT IS ALLOWED. AND WHEN IT'S ALLOWED, YOU CANNOT PICK AND CHOOSE , BASED OFF OF WHAT SOMEBODY IS TALKING ABOUT, AND LESS THEY ARE TALKING ABOUT

AGENDA ITEMS. >> I THINK AT THIS POINT, I AM THE CHAIR OF THE MEETING, IT IS A DECISION I MADE, AND THAT IS

WHAT I WILL CONTINUE TO DO. >> AS THE PRESIDING OFFICER , THE MAYOR DOES HAVE SOME ABILITY TO GUIDE AND DIRECT THE COMMENTS. COUNCIL COULD OVERRULE THAT BY MAJORITY VOTE IF THEY CHOOSE. COUNCIL, WHEN THEY DON'T SAY ANYTHING, THEY ARE ALLOWING THAT TO CONTINUE.

>> MAYBE BECAUSE THEY AGREE. >> IT COULD VERY WELL BE, BUT IS THAT SAYING THAT YOU ARE NOT VIOLATING HIS RIGHTS?

>> I BELIEVE SO. >> IT'S UP TO YOUR INTERPRETATION AND UP TO ACTUAL CASELAW. IT MIGHT BE SOMETHING WORTH LOOKING INTO. THAT'S ALL. THANK YOU.

>> WHEN I GO BACK TO THE MEETING THAT WE HAD WITH BETHEL , BETHEL HAS , IN THEIR ZONING CODE ALREADY, THEY HAVE SOMETHING CALLED TRADITIONAL ZONING. THAT WAS THE POINT I WAS TRYING TO MAKE WHEN I SPOKE AT THE HEARING. THAT TRANSITIONAL ZONING, THEY VERY WELL COULD HAVE APPROVED THE ZONING FOR THE DEVELOPMENT WHERE THEY HAD THE TYPE OF PROPERTY UP FRONT THAT WOULD'VE MATCHED A LOT OF WHAT COULD'VE BEEN A TWO ACRE LOT OR A THREE ACRE LOT, AND THEN GOTTEN MORE DENSE AS IT WENT BACK AWAY FROM THE ROAD. I THINK THE ISSUE THAT DON BLACK AND BROUGHT UP DURING THAT MEETING WAS ALL THE DEVELOPMENT THAT IS BEEN PROPOSED THERE PRIOR TO HAD ALL BEEN OVERTURNED BY REFERENDUM. AND THAT WAS THE MAIN REASON THE DEVELOPER LOOKS TO MOVE OUT OF BETHEL. BECAUSE THE REFERENDUM PROCESS THROUGH DON HAD MADE THAT CLEAR, TOO. BUT ONCE WE GOT TO THAT MEETING, THAT HAD ALREADY , I MEAN, THAT TOOTHPASTE WAS ALREADY OUT OF THE TUBE. SO THE IDEA, WHEN I SAY THAT BETHEL HAD THE ABILITY TO APPROVE TRANSITIONAL ZONING, THEY VERY WELL COULD OF DONE THAT. THAT'S ALREADY WITHIN THE ACTUAL ZONING. I BELIEVE THAT DOCUMENT ACTUALLY SAYS WE HAD TO BE NOTIFIED. NOT THAT IT IS FIRST RIGHT OF REFUSAL. I BELIEVE WE HAVE TO BE NOTIFIED UPON ANY DECISION AFTER THAT PARTICULAR MOVE HAD BEEN MADE BY THE DEVELOPER. OKAY, HOLD ON. I'M NOT GOING TO LET YOU COME AND ACCUSE ME OF BEING A LIAR, WHEN I HAVE BEEN UP HERE FOR 7 1/2, EIGHT YEARS WORKING THROUGH ALL THIS. AND I DO KNOW IT'S GOING ON. I ALSO KNOW THE MEETINGS THAT WERE HAD BETWEEN THIS COUNCIL AND THEIR PEOPLE. I ALSO KNOW THE MEETINGS THAT HAVE TAKEN PLACE BETWEEN MEMBERS OF THIS COUNCIL AND MEMBERS OF THE TOWNSHIP , BACK IN THAT ROOM WERE ALL THESE THINGS WERE DISCUSSED THE MY NOT BE AWARE OF. THERE IS ALSO, WE TALKED OU THE SUPERINTENDENT, THERE WAS A MEETING BETWEEN US AND THE

[00:30:02]

THE MEETING WE HAD. >> THERE'S NO PUBLIC RECORD OF

THAT. >> I AM JUST TEG YOU WHAT HAPPENED. I'M TELLING YOU WHAT HAPPENED. SO DON'T CALL ME A LIAR WHEN I KNOW SOME THINGS AND SOME CONVERSATIONS THAT TOOK PLACE THAT MAYBE ARE NOT PART OF THE PUBLIC RECORD. AND WHATEVER HIS NAME IS NOW WOULD COME HERE TO THAT PODIUM, I WOULD ASKING THE SAME QUESTION. WHY DID YOU NOT TELL THE TRUTH WHEN YOU ARE IN FRONT OF YOUR BOARD AND YOUR TREASURER ABOUT THE MEETING THAT TOOK PLACE BETWEEN ME AND DON WEBB AND MARK HENRY?

>> I'M TALKING ABOUT TESTIMONY FOR OUR STATEHOUSE.

>> YES, AND THAT IS ALL PART OF THE RECORD. OKAY. ANY OTHER COMMENTS? OKAY. WE'VE ALREADY HAD AN EXECUTIVE SESSION THIS EV

* This transcript was compiled from uncorrected Closed Captioning.