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[00:00:02]

OKAY.

IT IS

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

SEVEN O'CLOCK.

THE LIVE STREAMING SHOULD BE ON AND THIS IS THE CITY OF HUBER HEIGHTS CITY COUNCIL MEETING REGULAR SESSION, ANOTHER REMOTE MEETING MAY 11TH, 2020 AND WE'RE GETTING STARTED RIGHT AT 7:00 PM UH, WE WILL OFFICIALLY CALL THIS MEETING TO ORDER AND I REMEMBER TOO, WAS THERE AN INVOCATION BY AT LEAST SPEAKER IN D HILL? MR. HILL IF YOU WOULD PLEASE.

YEAH, GO AHEAD AND BOW OUR HEADS.

FATHER, I JUST THANK YOU FOR THIS DAY.

I THANK YOU FOR THIS OPPORTUNITY TO COME AND TO DO SOME WORK FOR THE CITY.

LORD, I PRAY FOR THE PEOPLE WHO ARE WATCHING THAT THEY ARE PROTECTED AND SAFE.

I PRAY FOR THE PEOPLE WHO ARE IN THE MEETING.

THEY ARE ALSO PROTECTED AND SAFE.

I THANK YOU SO MUCH FOR EVERYTHING THAT YOU HAVE GIVEN US AND THE OPPORTUNITY TO PIN US EVEN IN QUARANTINING.

WE'RE STILL FINDING NEW THINGS.

I THINK YOU SO MUCH FOR THAT AND YOUR NAME WE PRAY.

AMEN.

THANK YOU MR. HILL.

AND NEXT UP IS I HAVE NUMBER THREE, WHICH IS OUR PLEDGE OF ALLEGIANCE.

IF YOU WOULD ALL DO ME A FAVOR OF STANDING IN PLACE WHERE YOU'RE AT.

I PLEDGE ALLEGIANCE TO THE FLAG, ONE NATION UNDER GOD, INDIVISIBLE, LIBERTY AND JUSTICE.

OKAY.

AND NEXT UP IS NUMBER FOUR WHICH IS A ROLL CALL.

MR. ROGERS, IF YOU WOULD PLEASE.

MR. SHAW HERE.

HIS BANKER HERE.

MR. CAMPBELL HERE.

THIS IS BERGE HERE.

MR OTTO HERE.

MR. LYONS HERE.

MR. HILL HERE.

MR. WEBB HERE.

MIRACLE HERE.

OKAY, EVERYONE IS PRESENT.

NEXT

[5. Approval Of Minutes]

UP IS ITEM NUMBER FIVE WHICH IS APPROVAL OF MINUTES FIVE EIGHT WE HAVE OUR CITY COUNCIL MEETING MINUTES DATED APRIL 27TH OF 2020 IF THERE ARE INCORRECTIONS, THESE MINUTES WILL STAND AS APPROVED.

OKAY.

HEARING NO CORRECTIONS, THOSE MINUTES WILL STAND AS APPROVED.

NEXT BE NUMBER SIX.

[ National Police Week Mayoral Proclamation Presentation To The Huber Heights Police Division - Mayor Jeff Gore]

SURE.

WATER'S ITEM SIX NATIONAL POLICE WEEK MARROW PROCLAMATION PRESENTATION TO THE POLICE DIVISION BY MAYOR JEFF GORE, WHICH ROGERS AND AS HE SAID, THERE WAS A MAYORAL PROCLAMATION I WOULD LIKE TO READ.

THIS IS A CITY OF HUBER HEIGHTS, MAYORAL PROCLAMATION FOR NATIONAL POLICE WEEK, OR AS THERE ARE APPROXIMATELY 900,000 LAW ENFORCEMENT OFFICERS SERVING IN COMMUNITIES ACROSS THE UNITED STATES, INCLUDING 51 SWORN MEMBERS OF THE HEBREW HEIGHTS POLICE DIVISION.

AND WHEREAS SOME 58,800 ASSAULTS AGAINST LAW ENFORCEMENT OFFICERS WERE PURPORTED IN 2019 RESULTING IN APPROXIMATELY 18,000 INJURIES.

AND WE'RE AS SINCE THE FIRST RECORDED DEATH IN 1786 MORE THAN 21,000 LAW ENFORCEMENT OFFICERS IN THE UNITED STATES HAVE MADE THE ULTIMATE SACRIFICE AND BEEN KILLED IN THE LINE OF DUTY, INCLUDING ONE MEMBER OF THE HEBREW HEIGHTS POLICE DIVISION.

WHEREAS THE NAMES OF THESE DEDICATED PUBLIC SERVANTS ARE ENGRAVED ON THE WALLS AND THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL, WHICH WAS DEDICATED IN 1991 IN WASHINGTON D C AND WE'RE AS 307 NAMES ARE BEING ADDED TO THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL THIS SPRING, INCLUDING 135 OFFICERS KILLED IN 2019 AND 172 OFFICERS KILLED IN PREVIOUS YEARS.

AND WHEREAS THE SERVICE AND SACRIFICE OF OFFICERS KILLED IN DUTY WILL BE HONORED AND THEN WE'LL BE PERFORMING THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL VIRTUAL CANDLELIGHT.

THREE OF THE NAMES CAN BE VIEWED ANYWHERE IN THE WORLD ON THE EVENING OF WEDNESDAY, MAY 13TH, 2020 AND ONCE AN END TO THE COBIT 19 CRISIS.

THIS NEAR PLANS WILL BEGIN FOR A LOT OF READING THE NAMES TO HONOR THE FALL 2017 WHEREAS THEIR CANDLELIGHT IS PART OF NATIONAL POLICE WEEK, WHICH TAKES PLACE THIS YEAR ON MAY 10TH THROUGH THE 16TH 2020 AND WE'RE AS MAY 15TH, 2020 IS DESIGNATED AS PEACE OFFERS ROYAL BAY DIRECTING THE ALL FLAGS BEFORE AND HAD HALF STAFF ON THAT DATE AND HONOR THE FALLEN OFFICERS AND THEIR FAMILY.

NOW.

THEREFORE, JEFF GORE, MAYOR OF THE CITY OF HEIGHTS TO DO HEREBY PROCLAIM MAY TO THE 16TH, 2020 AS NATIONAL POLICE WEEK IN THE CITY IF YOU WERE HEIGHTS AND PUBLICLY SALUTE THE SERVICE

[00:05:01]

OF LAW ENFORCEMENT OFFICERS AND HEBREW COMMUNITY WHEREVER THEY APPEAR IN TO SET MY HAND AND CAUSE THE SEAL OF THE CITY OF HEBREW HEIGHTS TO BE FIXED THIS 11TH DAY OF MAY IN THE YEAR OF OUR LORD 2020 LIKE I SAY, THANK YOU AND A PERSONAL SALUTE TO ALL OF OUR LAW ENFORCEMENT OFFICERS HERE IN THE CITY OF HUBRIS.

THANK YOU.

NUMBER SEVEN, SYSTEM COMMENTS.

MR. ROGERS, THEY'RE NOT THE SAME THING.

THEY'RE CUTE.

AND NEXT UP IS ITEM NUMBER EIGHT, WHICH HAS CITIZENS REGISTERED TO SPEAK ON AGENDA ITEMS. UH, NONE OF THOSE EITHER.

[9. City Manager Report]

AND NEXT UP WE HAVE THE CITY MANAGER REPORT, WHICH IS THE NUMBER NINE.

MR SCHOMER I CALL ON YOU FOR COMING.

GOOD EVENING EVERYBODY.

UH, MAYOR COUNCIL, I'M HERE FROM YOU LIVE ON LOCATION AT A SOLD OUT CONCERT AT THE ROSE MUSIC CENTER.

SO A LITTLE BIT OF BACKGROUND NOISE.

I APOLOGIZE FOR THAT.

UM, JUST A COUPLE OF BRIEF THINGS FOR TODAY.

UM, WE ARE GOING TO BE BACK INTO OUR FACILITIES BEING OPEN.

UH, STARTING TODAY, THIS WEEK, UH, TRANSITION OBVIOUSLY HAS GONE SMOOTH ALL OF LAST WEEK.

EMPLOYEES, UH, THAT WERE WORKING REMOTELY, UH, HAVE RETURNED IN FULL FORCE.

UH, AND WE HAVE, UM, MADE SURE THAT THE FACILITIES ARE PREPARED FOR ANY ADJUSTMENTS OR CHANGES.

UH, THE, UM, UH, THE, THE BUILDINGS ARE STILL IN LIMITED IN ACCESS IN TERMS OF UM, SOCIAL DISTANCING.

I KNOW PUMP GATHERINGS, UH, AND IF CAN HAVE REMOTE MEETINGS WE CONTINUE TO DO SO.

UH, BUT OTHER THAN THAT, IF A RESIDENT NEEDS, SINCE THE FACILITIES ARE OPEN, UH, JUST BE AWARE OF ANY POSTING GUIDELINES AND, AND WE CERTAINLY APPRECIATE EVERYBODY'S COOPERATION.

EVERYBODY HAS COMMON SENSE AND UNDERSTANDS THE GENERAL RULES AS APPLIES TO HOW THINGS GO ON.

AND THERE'S CERTAINLY NOTHING, NOTHING DIFFERENT HERE AS WELL REGARDING SOME OF THOSE GUIDES AND SUGGESTIONS.

SO WE APPRECIATE EVERYBODY'S CONTINUED COOPERATION AND FLEXIBILITY WITH THAT.

AND AGAIN, ALL ALL SERVICES REMAIN OPEN.

THE TAX DIVISION IS A LITTLE BIT UNIQUE IN THE SENSE THAT THERE COULD BE A LARGER AMOUNT OF PEOPLE THEN COULD REASONABLY, UM, HANDLE THE CAPACITY MAINTAINING DISTANCING.

SO THERE ARE SOME SPECIAL PROVISIONS, UH, REGARDING THE FILING OF DROPPING OFF TAXES.

OUR EX ADMINISTRATOR TRACY PHENTERMINE HAS COME UP WITH A PROGRAM WELL BEFORE DRUG TYPE OF BUSINESS WITH CLIENTS ON THAT AND WE WILL CONTINUE TO IMPLEMENT THAT.

UH, BUT WE WILL CERTAINLY WANT AN END PROVIDING AMOUNT OF SERVICE THAT WE POSSIBLY CAN.

UH, AND NO, AGAIN, NO SERVICES WILL BE, UH, WILL BE DENIED.

SO WE APPRECIATE EVERYBODY'S COOPERATION ON THAT.

IN LIGHT OF THINGS BEGINNING TO OPEN UP, MR MAYOR, I WILL ASK THAT COUNCIL CONSIDERS AN AMENDMENT TO THE AGENDA THIS EVENING, UH, TO CONSIDER, UH, REVIEWING AND ADOPTING A RESOLUTION THAT WE'VE PREPARED THAT WILL ALLOW SOME LENIENCY REGARDING ENFORCEMENT OF, UM, OF THE OUTDOOR EATING SPACES FOR OUR RESTAURANTS AND EATING ESTABLISHMENT.

UH, AS WE KNOW THESE, THESE RESTAURANTS THAT THESE BUSINESSES HAVE BEEN CLOSED DOWN AND HAVE BEEN IMPACTED GREATLY.

SO WE LOCALLY WANT TO PROVIDE AS MUCH OPPORTUNITY AND MAXIMIZE THE ABILITY TO REOPEN WITH A BANG, UH, TO HOPEFULLY, UH, STIMULATED, PROMPT SOME BUSINESS AND GROWTH THROUGH THE TRANSITION OF FULL OPENING.

UH, AND THE DETAILS OF THAT RESOLUTION WE CAN DISCUSS, UM, IF IT IS AWARDED TO AMEND THE AGENDA.

UH, BUT IN SHORT, WE BASICALLY WANT TO ALLOW RESTAURANTS SO LONG AS THEIR COMPLIANCE WITH ALL OTHER HEALTH RULES, ET CETERA, TO UTILIZE ADDITIONAL SPACE, UH, FOREGOING THE RESTRICTIONS OF THAT, UH, BEING VIOLATED, THE, UH, PLAN DEVELOPMENT OR STRICT ZONING, ET CETERA.

UH, SO WE FEEL THAT THIS MIGHT PROVIDE OPPORTUNITIES, UH, FOR EXTENDED OUTDOOR SPACES TO ALLOW SEPARATION AND EXPANSION OF EMPLOYEE ARE THE PATRONS, THE NEWS ESTABLISHMENT, AND ALLOW MAYBE SOME RESTAURANTS THAT COULDN'T HAVE OPEN TO OPEN.

UH, AND THOSE THAT CAN'T OPEN, MAYBE PROVIDE A LITTLE MORE SERVICE.

YES, THAT'S ALL THAT I HAVE.

EVERYTHING ELSE IS GOING AS PLANNED OR MAJOR THINGS SINCE WE LAST MET LAST WEEK WAS IN FACT THE REOPENING AND FOCUSING ON HOW WE CAN ASSIST OUR LOCAL BUSINESSES IN DOING SO.

PERFECT.

SO THE, UH, THE SEASONING.

SO, UH, IS THERE A MOTION TO AMEND THE AGENDA TO ADD ITEM LYNN J REGARDING THE OPENING UP THE BUSINESS? CHECKING SECOND.

SECONDED.

ANY DISCUSSION BEFORE WE CALL HER OVER AGAIN? OKAY.

HEARING THAT MR. ROGERS, IF YOU WOULD CALL HER UP,

[00:10:01]

CHRIS PAPER APPROVED.

MR. CAMPBELL? YES.

MRS. BERG? YES.

MR OTTO? YES.

MR YES.

MR. HILL? YES.

MR ROB? YES.

MR. SHAW? YES.

OKAY.

AND THE MOTION TO AMEND THE AGENDA IS APPROVED EIGHT ZERO SO THAT WILL BE ADDED AS ITEM NUMBER J.

BYE.

NEXT TO THE AGENDA IS ITEM NUMBER 10 WHICH IS OUR OPINION BUSINESS.

MR. ROGERS.

[ An Ordinance To Amend The Codified Ordinances Of The City Of Huber Heights, Ohio To Provide Amendments To The Traffic Code Sections 331.43, 333.03, 335.09, 337.27, 341.03, 373.03, 373.09; And To The General Offenses Code Section 537.16; To Provide For Codification; To Provide For Severability; And To Repeal Conflicting Ordinances. (second reading)]

PLAN A, AN ORDINANCE TO AMANDA CODIFIED ORDINANCES OF THE CITY OF HUBER HEIGHTS, OHIO TO PROVIDE AMENDMENTS TO THE TRAFFIC CODE SECTIONS THREE 3.43 FOR 3.0333 5.0933 7.2734 1.0337 3.0337 3.099 INTO THE AGENDA IN THIS CODE SECTION FIVE THREE 7.16 TO PROVIDE CODIFICATION TO PROVIDE FOR SEVERABILITY TO REPEAL CONFLICTING ORDINANCES AT THE SECOND READING.

OKAY.

AND MR. ROGERS, ANY ADDITIONAL COMMENTS? I HAVE NO ADDITIONAL COMMENTS.

THIS WAS, I HAD A FIRST READING AND DISCUSSION AT A PREVIOUS WORK SESSION FOR ADOPTION OF THE ORDINANCE TONIGHT SO WE CAN GET THESE CODE AMENDMENTS CODIFIED.

OKAY, THANK YOU.

AND THE WORK SESSION RECOMMENDATION WAS TO NOT DO THIS ITEM THIS EVENING.

IS THERE A MOTION MOVE TO ADOPT LIONS? THERE WAS THE STORE MR. CAMPBELL? YES.

MRS. BERG.

MR OTTO? YES.

MR LYON.

YES.

MR. HILL.

YES.

YES, YES.

SHAW.

YES.

MS. BAKER? YES.

AND THAT MOTION ALSO CARRIES A ZERO BEFORE WE GET STARTED, THERE IS A NEED FOR AN EXECUTIVE SESSION PRIOR TO THE BEGINNING OF THIS.

SO REALLY

[13. Executive Session]

THE PURPOSE OR AN EXOTIC THING AND THEN I'LL CALL THEM YES.

FOR THE PURCHASE OF OR FOR TO CONSIDER THE PURCHASE OF SALE OF REAL ESTATE.

UM, CURRENTLY OWNED BY THE CITY.

OKAY, THANK YOU.

IS THERE A MOTION FOR EXECUTIVE SESSION PLEASE? SO MOVED ANDY.

IT WAS A MOTION BY MR BILL'S OUR SECOND SECOND.

MRS BIRCH.

A SECOND NEED DISCUSSION PRIOR TO THE, TO THE ROOM.

MR. ROGERS, PLEASE CALL THE ROLL PLEASE.

YES.

MR. SHAW.

YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BERG? YES.

MR OTTO? YES.

MR. LYONS? YES.

MR. HILL? YES.

OKAY.

THE MOTION TO MOVE TO EXECUTIVE SESSION HAS BEEN APPROVED.

MR SCHUMMER IS HANDLING THE TECHNOLOGIES TO MEET EVERYTHING TO PUT US INTO AN EXECUTIVE SESSION.

SO ONCE THAT'S HAPPENED, THEN I WILL LET EVERYONE KNOW.

OKAY.

SO IT IS NOW TIME IS EIGHT OH FIVE AND WE HAVE COME OUT OF EXECUTIVE SESSION AND WE ARE DEALING WITH ITEM NUMBER 11, WHICH IS OUR NEW BUSINESS.

[ A Resolution Authorizing The City Manager To Enter Into An Amended Real Estate Purchase Contract For The Sale Of Property Known As Windbrooke II. (first reading)]

AND I DIDN'T REMEMBER 11 A MR. ROGERS, ITEM 11 A A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED REAL ESTATE PURCHASE CONTRACT FOR THE SALE PROPERTY KNOWN AS WINDBROOK.

TWO.

AT THE FIRST READING OF THE TIME, I WOULD ASK FOR A MOTION TO POSTPONE THAT ACTION INDEFINITELY.

UH, DO I HEAR A MOTION MANNER? YES, I WOULD MAKE THAT MOTION TO POSTPONE ACTION INDEFINITELY ON THIS, UH, ON THIS PIECE OF LEGISLATION.

OKAY.

MR OTTO HAS MADE A MOTION TO POSTPONE ACTION.

DEFINITELY.

IS THERE A SECOND? SECOND.

MR SHAWL? YES.

OKAY.

MR. SHAW.

SECOND.

ANY DISCUSSION? MR. ROGERS.

MRS. BIRD? MR RADO? YES.

MR. LYONS.

YES.

MR. HILL? YES.

[00:15:01]

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL.

YES.

KEN MOTION HAS PASSED EIGHT ZERO AND NEXT UP WE HAVE ITEM

[ A Resolution Authorizing The City Manager To Issue A One-Year Extension To The Contract For Mowing And Maintenance Of Parks And Specified City Properties And Waiving The Formal Bidding Requirements. (first reading)]

NUMBER 11 B.

MR. ROGERS, ITEM 11 BE A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A ONE YEAR EXTENSION TO THE CONTRACT FOR MOWING AND MAINTENANCE OF PARKS AND SPECIFIED CITY PROPERTIES AND WAIVING THE FORMAL BIDDING REQUIREMENTS AT THE FIRST READING.

YES.

AS DISCUSSED AT THE WORK SESSION, WE HAVE AN OPPORTUNITY TO EXTEND OUR CURRENT AGREEMENT INCLUDING THE PRICE, ALTHOUGH WE HAVE ADDED SOME ADDITIONAL REQUIREMENTS TO THE AGREEMENT.

THE CURRENT CONTRACTOR HAS AGREED TO MAINTAIN THE CURRENT PRICE FOR THE NEXT YEAR.

SO DOES OUR RECOMMENDATION THAT WE MAINTAIN THAT WE'RE VERY SATISFIED WITH THE SERVICE.

AGAIN, AN EXTENSION WAS WRITTEN INTO THE AGREEMENT SHOULD WE CHOOSE TO EXERCISE IT AND THAT'S ESSENTIALLY WHAT THIS RESOLUTION WOULD AUTHORIZE.

NO WORRIES.

IT WORKS AT YOUR RECOMMENDATION.

MOTION CODE UP MR SHAWL? YES.

AND I'LL GLADLY SECOND MAYOR AND THIS WRITER WAS SECONDED.

IS THERE ANY DISCUSSION? MR OTTO? YES.

MR. LYONS? YES.

MR. HILL? YES.

MR. WEBB? YES.

MR. SHAW? YES.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BERG? YES.

MOTION CARRIES.

[ A Resolution Authorizing And Directing The City Manager To Commence A Foreclosure Action Against Parcels P48-000412 And P48-000414. (first reading)]

ITEM NUMBER 11, SEE THIS, ROGER OUT OF 11, SEE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMMENCE THE FORECLOSURE ACTION AGAINST PARCELS.

P FOUR EIGHT DASH ZERO ZERO ZERO FOUR ONE TWO AND FOUR ONE FOUR AT THE FIRST READING.

UH, YES, AS I MENTIONED IT TO WORK SESSION, THIS IS THE PROPERTY THAT IS LOCATED IN MIAMI COUNTY, UH, AT THE WESTERN ENTRANCE TO CARRIAGE TRAILS.

UM, ALMOST 25 ACRES IN THAT REGION.

I'VE BEEN TIED UP WITH A BUNCH OF, UH, PROBATE, UM, DELINQUENCIES, ET CETERA, ET CETERA.

WE FINALLY HAVE AN OPPORTUNITY, UH, WITH, UH, MR. MCDONALD WORKING WITH MIAMI COUNTY.

UH, THIS, THIS IS A COUNTY ACTION, UH, TO FORECLOSE ON THIS, UH, AND THEY WOULD THEN ASSIGN THE PROPERTY TO US.

SO THIS RESOLUTION ALLOWS US TO ENGAGE IN THAT PROCESS, UH, BEGIN THAT ACTION.

AND, UM, WE ASKED IT AS CONSIDER FOR ADOPTION THIS EVENING.

WHAT WAS THE WORKSTATION RECOMMENDATION? IS THERE A MOTION TO ADOPT? YES.

AND WHAT WAS THE SECOND? NANCY? SECOND.

ANY DISCUSSION? ALL RIGHT.

YES MA'AM.

YES, FOR SURE.

I HAVE A COUPLE OF QUICK QUESTIONS ON THIS.

UH, I JUST KIND OF WANT TO WRAP MY HEAD AROUND PAST ACTIONS AND CURRENT AND HOW THEY DIFFERED.

I KNOW, AGAIN, 2015, UH, WE LOOKED TO DO THIS SAME TYPE OF MOVE WITH THIS PIECE OF PROPERTY.

UM, I KNOW THERE WERE A COUPLE OF DIFFERENCES BACK THEN THAN NOW.

I KNOW THERE WERE SOME DIFFERENCE IN, UH, I GUESS THE WAY THE COUNTY ALLOWED THINGS TO HAPPEN OR WHATEVER THAT MAY BE, BUT FROM A LEGAL STANDPOINT, BUT THERE ARE ALSO SOME DIFFERENCES, BUT IN A STATE OF COSTS AND, AND, AND EVALUATIONS OF THE PROPERTY, UM, EXAMPLE, I THINK OUR CURRENT LEGISLATION SHOWS ROUGHLY $10,000 WE'RE GOING TO BE SPENDING TO ACQUIRE THIS.

IS THAT CORRECT? AND I, I THINK ROB, THIS WOULD MOSTLY BE HERE WITH US HERE.

YEAH.

FOR LEGAL FEES, CORRECT? YEAH.

NOW HAS SOMETHING'S CHANGED BECAUSE AGAIN, FIVE YEARS AGO IT WAS 15 GRAND.

SO IS IT JUST A DIFFERENT PROCEDURES NOW WHICH, WHICH IS PART OF WHAT'S ALLOWING US TO PICK IT UP? YEAH, ABSOLUTELY.

AS A, AS A DETAILED AT THE WORK SESSION, THE PROCESSES BEFORE WAS NOT A FORECLOSURE.

THE PROCESSES BEFORE WAS ACQUIRING THE PROPERTY FROM THE OWNER.

OUT OF UM, DELINQUENCY.

WE HAD NEGOTIATED A DEAL WITH THE FIRST LIEN HOLDER WHO HOLD A SEVEN DIGIT NOTE ON THE PROPERTY, WHICH WAS FIFTH THIRD BANK.

THAT WAS A $10,000 NEGOTIATION THAT, UH, THAT WE WERE ABLE TO GET TO HAVE THEM FREE THAT LIEN.

THE SECOND $5,000 WAS PAID TO THE WIDOW OF THE PREVIOUS, UH, MANAGER OF THE DEFUNCT LLC.

UH, WHEN THE ATTORNEY REPRESENTING THAT SITUATION, UH, GOT TO THE POINT THAT WE MADE THAT NEGOTIATION $5,000 THAT ATTORNEY PASSED AND ALL OF THE RECORDS SAID, AND THE TITLE TO THE PROPERTY, EVERYTHING WAS IN PROBATE

[00:20:01]

AT THE TIME.

THEN LOOKED AT MINE ACCOUNTING FOR A FORECLOSURE SUCH AS THIS.

UH, THEY WERE NOT IN A POSITION THAT THEY WERE WILLING TO TAKE THAT ON.

NOW THEY ARE, SO THERE REALLY ISN'T ANY DIFFERENCES OR ANY CHANGES IN DOING THE SAME THING MORE THAN ONCE.

WE'VE ATTEMPTED A COUPLE OF DIFFERENT TIMES, A COUPLE OF DIFFERENT PROCESSES, BUT THE REASON FOR THAT PRICE CHANGES.

WE HAD A NEGOTIATED DEAL TO ACQUIRE THE LAND FOR A TOTAL OF $15,000 10,000 TO THE BANK THAT NOW THE LIEN AND 5,000 TO THE ESTATE OF THE PREVIOUS MANAGER OF THE LLC THAT OWNED THE PROPERTY.

SO THAT IS THE, THAT IS THE, THAT IS THE DIFFERENCE.

OKAY.

NOW I KNOW THERE ARE SOME ASSESSMENTS ON THE, I GUESS TECHNICALLY THOSE ARE, THEY'RE, THEY'RE DO US ANYWAY.

SO IF WE TOOK POSSESSION, WE COULD WAIVE THOSE OR WHATEVER TERM WOULD BE USED FOR THAT BECAUSE WE WOULDN'T PAYING OURSELVES.

WHAT MAKES SENSE? UM, HOW WOULD THE BACK TAXES AND THE ASSESSMENTS ON THE PROPERTY, HOW WOULD THOSE THINGS BE DEALT WITH AND, AND, WELL, I'LL ASK YOU THAT ONE.

AND THEN ONE LAST QUESTION.

UM, ROB, I CAN TAKE THAT.

UM, GLENN, THIS IS A FORECLOSURE ACTION.

SO OUR ASSESSMENTS, SO MILLION DOLLAR ASSESSMENTS AND ALL THE OLD TAXES AND ALL OF THAT WILL ALL BE WIPED OUT UNLESS A THIRD PARTY COMES UP AND DECIDES TO PAY THEM ALL IN ORDER TO, TO BUY THE PROPERTY.

SO ALL OF IT'S GOING TO BE WIPED OUT.

UM, AT THIS POINT IN TIME.

UM, EVEN THE COUNTY HAS THEIR PAST DUE TAXES, PENALTIES AND INTEREST HAVE NOW REACHED THE POINT OF THE PROPERTY'S VALUE ACCORDING TO THE TAX ASSESSOR.

SO I THINK NOW THEY SEE THAT IT'S NOT JUST HUBER HEIGHTS THAT'S NOT GOING TO GET PAID, THAT THEY'RE NOT GOING TO GET PAID EITHER.

SO THAT MAY BE PART OF THE CHANGE BECAUSE THERE IS DEFINITELY A CHANGE IN MIAMI COUNTY, BUT ALL OF THOSE THINGS WILL BE WIPED OUT WHEN THE CITY OF, UH, HUBER HEIGHTS GETS THE PROPERTY, WHICH IS THE PLAN, UM, IT'LL BE PUT BACK ON THE TAX ROLL, BRAND NEW SET, WHATEVER ITS VALUE IS AND NO PASS THE TAXES WILL BE DUE OR ANYTHING LIKE THAT.

IT'LL JUST BE TAXABLE GOING FORWARD.

OKAY.

OKAY.

AND, UH, AND LASTLY, I GUESS MY QUESTION WOULD BE, I DON'T KNOW HOW TO PUT THIS, UH, IT SOUNDS LIKE WE'RE THE ONLY PERSON REALLY THAT COULD TAKE POSSESSION OF IT AND NOT BE UPSIDE DOWN IN OWNERSHIP, UM, BASED ON THE BACK TAXES AND ASSESSMENTS AND WHATNOT.

UH, DOES THAT SOUND LIKE THAT WOULD BE ACCURATE? I MEAN, IF A PRIVATE PURCHASER BOUGHT IT, THEY'D KIND OF BE STUCK ON THOSE ASSESSMENTS AND BACK TAXES.

IT MAY NOT, IT PROBABLY WOULDN'T BE WORTH THEM TRYING TO EVEN BUY IT WITH IT.

WELL THAT'S ACTUALLY ONE OF THE THINGS THAT HAPPENED AND SOMEBODY BOUGHT IT AT AUCTION AND THEY DIDN'T REALIZE THAT THERE WAS ALL THAT, I MEAN, DOLLARS PLUS WORTH OF TAXES AND ASSESSMENT.

UH, YOU KNOW, WE CAN, WE CAN KIND OF QUESTION VARIOUS ACTIONS AND, OR RACE, YOU KNOW, CONCERNS OR QUESTIONS AS TO WHAT'S DIFFERENT OR WHAT'S NOW BOTTOM LINE IS WE'VE GOT A RELATIVELY GOOD PIECE OF LAND THAT'S BEEN UNPRODUCTIVE FOR QUITE SOME TIME THAT IS RACKING UP BACK TAXES AND RACKING THEM BACK TAX.

IT'S NONE OF THAT MONEY IS EVER GOING TO BE RECOUPED OR, UH, PUT, PUT INTO USE OR ACTIVATED AND UNTIL THERE'S SOMETHING DONE WITH THIS.

SO I THINK THAT OUR ACTIONS IN PRETTY AGGRESSIVE AND CREATIVE TO TURN A NONDEDUCTIBLE PIECE OF IS JUST A PIT OF GATHERING LIQUIDS WITH NO KNOWN THINGS.

SO I THINK THIS IS A GOOD TIME TO BE VERY, UM, YOU KNOW, POSITIVE ITSELF.

VICTORIA GIVE AN OPPORTUNITY THAT WE HAVE AND MAKE THE MOST OF IT FOR THE BENEFIT, EVEN THE COUNTY AND THE OTHER PEOPLE THAT MAY HAVE SOME OF THOSE TAXES WIPED AWAY.

WELL, LET'S BE FRANK.

NOBODY WAS GOING TO PURCHASE A PROPERTY FOR THE VALUE OF THE PROPERTY PLUS SIBLINGS, THE DELINQUENCIES.

SO AT LEAST THERE'S A CHANCE OF BEGINNING TO GATHER SOME, SOME FUNDS ON THOSE PROPERTIES AND MAKE IT PRODUCTIVE AGAIN.

OKAY.

NO, NO, AND I AGREE WITH ALL OF THAT.

I AGREE WITH ALL THAT.

I GUESS THE ONLY REASON I'D ASKED IS IT DOESN'T SOUND LIKE THAT WOULD CHANGE IN THE FUTURE.

UM, THAT, THAT UM, THIS WOULD PROBABLY, WE WOULD PROBABLY BE REMAIN THE ONLY VIABLE OPTION LIKE CERNER, JUST WHERE WE KEEP PACKING INVENTORY AND INVENTORY AND, AND, AND I JUST DON'T KNOW WHAT, UH, I'D LIKE TO SEE SOME MORE MOVE BEFORE WE BRING MORE IN, IF THAT MAKES SENSE.

UM, ANYWAY.

RIGHT.

IT'S, IT'S A, IT'S A LIABILITY.

IT'S ACCRUING, UM, NATIVE DEAD EVERY DAY.

UH, WE'VE GOT AN OPPORTUNITY TO WIPE THAT CLEAN, RESET IT AND

[00:25:01]

UH, YOU KNOW, UNTIL SUCH TIME THAT IT IS SOLD.

UM, THEN, YOU KNOW, THAT LESSENS OUR LIABILITIES AND EVERYBODY ELSE'S LIABILITIES ON IT.

UM, EVEN IF IT TAKES, YOU KNOW, SOME TIME TO SELL, UH, REGARDLESS.

BUT YOU KNOW, AS IT IS NOW, WE'VE GOT ALL THAT STACKED UP, UH, ASSESSMENTS AND BACK TAXES THAT JUST CREATES MORE AND MORE LIABILITIES.

SO THIS IS A, AN OPPORTUNITY TO KIND OF WIPE THE SLATE CLEAN.

UH, IT'S, IT'S NOT READING A LOSS OF REVENUE AND FOR THE COST OF LET'S SAY, $10,000, PROBABLY AT MOST, UH, MUCH LIKE THE EXAMPLE WITH THE ELDER BIERMAN PROPERTY, UM, ABOUT 12,000, $464, I THINK, UH, YOU KNOW, THAT YIELDED A $1.30, ONE POINT $3 MILLION PAYCHECK.

SO, UM, I THINK IF YOU WEIGH AND BALANCE HOLDING LAND AND INVENTORY AS A RISK COMPARED TO THE POSITIVES OF THE OPPORTUNITY, I THINK THOSE OPPORTUNITIES, HOW WIDELY THOSE OPPORTUNITIES OUTWEIGH THE RISK OF HOARDING THAT PROPERTY.

OKAY.

OKAY.

THAT'S ALL FAIR.

THANK YOU VERY MUCH.

I APPRECIATE THAT.

THANK YOU MA'AM.

VERY OTHER QUESTIONS OR COMMENTS? OKAY.

NO, THANK YOU.

HE HAS BEEN MOTIONED AND TICKETED.

I BELIEVE THAT IS CRACK.

ROGERS, WOULD YOU CALL THE ROLL PLEASE? MR. LYONS? YES.

MR. HILL? YES.

MR. WEBB? YES.

MR. SHAW? NO.

MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BERG? YES, MR HONOR.

YES.

NO.

MOTION CARRIES.

[ An Ordinance Authorizing Advances Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No. 2019-O-2403 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2020 And Ending December 31, 2020. (first reading)]

ITEM 11, ITEM 11 D AN ORDINANCE AUTHORIZING ADVANCES BETWEEN VARIOUS FUNDS