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It is Wednesday, August 19th, 2026.
We're going to start out with our

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committee meetings this morning. Uh
we'll start out with the our streets and

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drainage committee, Mr. T.
>> All right. Thank you. This is a

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resolution 26R43.
This is a change order which is uh

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follow on our previous resolution we had
for the paving program this year. uh due

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to some changes or some some uh late
minute uh developments on Enbridge, they

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found that there's going to be some work
done on some of the original roads we

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were going to pay. So, we opted to pave
those next year and select some

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different roads this year that led to a
change order. Uh the original bid is

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based on quantities with set prices per
quantity. uh those uh new roads were

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broken down to develop the quantities
and that uh was how we came out with the

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change order. So we changed the name of
the roads that we're going to pave and

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then there's a in addition to some of
the quantities the roads we're looking

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at paving and correct me if I'm wrong
it's John's donnerwood and pepperage is

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that
and the amount of the change order

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uh is $15,93960

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questions from anybody comments Mr. CS,
are you okay with Mr. Ross? I know there

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was some question last meeting with
roads and everything.

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» Right. I I appreciate the strongman
reaching out to Mr. Hercules to uh set

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the record straight as far as roads and
what he read off is is exactly correct.

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Uh so um we had the question with the
with the last one um

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about um
uh section one where it says uh

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authorizes and directs the mayor to
approve the change order. Um

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and the last one we we took out any
rents. Uh is that something we want to

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leave in this time or take it out again?
But I think we move forward now.

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» Well, I think I I don't think it changes
whether we move forward with it or not.

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Just something comes up. It doesn't, you
know, he's not locked into it like we

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talked about last time. It doesn't it
doesn't change whether you can do it or

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not.
>> I think we only removed it because of

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the change.
>> Okay.

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» Yeah.
>> Okay. Just asking.

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» I believe so. Wasn't that why we remove
that, Marshall? So that way we knew the

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change order was coming. We removed that
to at least get him started.

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» Yeah, that was precisely why I removed
it.

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» Okay.
>> All right. Anybody have any issues

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waiting with me?
>> With that, I will close the

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streets and drainage committee at 603.
Uh, moving on to laws and ordinance

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committee. Mr. like to open the laws and
ordinance committee at 6:03 p.m. Um, we

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have ordinance 26003.
It is an ordinance amending the new

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Franklin considated land use code and
zoning map.

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So, there's so much here that we have
Fred. I don't know. Fred, do you have

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anything that or you that you'd like to
present or say or

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» Not really. I'm here to answer any
questions and uh and maybe there's some

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questions at the public hearing that
maybe I can try to clear up.

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» Yeah, there were there was I heard
numerous he said he'd get back. Do you

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have any those or do we
>> do you know do you recall questions?

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» Yeah, the question I think that the
mayor sent you a sample letter to the

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property owners. Um there are prop and
right now just on

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not going into the computer or looking
at the digital uh computer with the

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parcels. There's about 56
to 60 properties that have the tools

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zone. And and just to to remind you
again is that uh what we had is years

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ago probably in the u early 2000s the
city created CDs conservation districts

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and they b they created a conservation
district basically for areas that were

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wetlands flood planes the heavily wooded
areas and so what they ended up doing

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was basically drawing it on a map you
know so it didn't look at parts

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necessarily look at partial lines in the
old code didn't look at partial lines in

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most cases and so what happened was
there were a number of properties not a

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lot that the the CD zone went somewhere
within the property 50% 20% 70% and so

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what we ended up doing was um we ended
up uh looking at those properties and

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trying to determine you know what was
their the appropriate zoning. If it was

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mostly CD and everything around it was
CD, we made it CD. If it was mostly R1

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and everything near it was R1 and it was
small, the property was under 5 acres,

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we probably made it R1 just to make it
easy to uh to interpret and and so it's

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really hard when you have two zoning
districts on a parcel. It's for the

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property owner, you know, what do I do?
What what the staff does? How do we

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treat setbacks? how do we and so there's
a lot of issues that you don't want to

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do that and so but the main reason was
if it was if it met the qualifications

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sizewise and everything else where on
one you have less than five acres we

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made it on one because if you have a
property that's two acres or even one

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acre it's it's CD then it's it's a
nonforming lot so we try not to be

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nonconforming and then the After
council, there was a section that was in

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um in in

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this up draw this uh there was a
question uh that that

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Mr. Clusty Mr. Pal had in the um
interpretation of the code and there's

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one section that's typical in most
codes. It says in case where there are

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multiple zoning boundaries on a parcel,
the more restrictive zoning district

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designations and requirements shall
apply. And the reason why we have that

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in there and we we we don't want to take
that out is because things could happen

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in the future that we're somebody could
could buy three parcels and two of them

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are are are
R2 and one of them's R1 and they buy it

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and then they consolidate it and then
you have multiples other times. And so

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what this would say is that okay if you
were trying to get around the

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regulations to higher density is more
restrictive than doing so it would still

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be R1 and not R2. So that's why we have
those things in there and and and other

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issues come up that that we may not know
about. A lot of times parcels

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uh they change and we don't know until
you look at the county. The county

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doesn't necessarily tell us. we have a
record of lot splits and in the future

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with this new map we'll be able to to
make those changes in real time but

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sometimes things happen and the parcel
are different than what we have in so so

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it's a it's a protection thing the other
issue came up uh it we intend to send

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those letters to sample here but what
the code says also that any any reason

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that is 10 watts or less or or 10 watts
or greater than 10 watts, you don't have

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to notify. That's a lot of revised code.
It's actually a little bit

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um and it's the same in our code. We
don't say a lot. It's high revised code

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713 and 12 requires me notices and
ordinance intent to resone for

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redistrict 10 or or fewer parcels. And
so that so what that gets at is that if

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it's a typical reszoning we have to
notify if it's over 10 pars we don't

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have to notify but there has to be uh
some type of public event like what

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we're doing with the code or
comprehensive plan. And so those are the

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reasons why we we we didn't do that, but
we tried to be as as as

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at at as as appropriate as possible with
these partials and that's what they were

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done. And so again, so things that sort
of say what we were doing, we even went

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a step further and we looked at those
parcels and see what was possible. So So

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that that gets to your question, but uh
there's not a lot of parcels after it.

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We're going to set up a meeting with our
part-time uh intern that's in the

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service department uh that does the GIS
now and we'll get an exact number of

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those partials uh when we get it into
the actual art view program. It'll tell

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us those partial I did a count just by
looking at the math the old map and the

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new math and I counted 56 parts. So, and
and just to interject, not interrupt

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you, Fred, uh I gave you guys a sample
under what we want to send out at least

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to notify even if there's any that are I
would rather over notify than not

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notify. And you know, I I would even
like to take it a step further after we

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get those notifications out, maybe set
up a workshop where they can come in,

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share their concerns if they have any as
we work through this process, just to

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give them a voice in case they've missed
out on some of the other public hearings

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that we've had. If we did it before the
council meeting, whatever would suit you

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guys, but just to try to include
everybody, especially the ones that

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would go through a change with that. I'd
rather uh I know what the OC says as far

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as notifying, but I'd still at least
give them a chance to be notified and be

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heard if they'd like to.
>> Thanks. Thanks for the information

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there. That's very helpful. One of my
questions would be, so if we were to

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reclassify, reszone an R1 split CV
property, does that take effect today

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when that not today, but the minute it's
reszone? So, somebody could be living in

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a property that they, you know, know to
be an R1. What What would be some of the

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restrictions if they wanted to do some
sort of improvement or something to

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their their property that would be
impacted by that change? I mean, there

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really isn't any I mean, there's still I
mean, setbacks are there might be a

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setback issue potentially, but that was
some something we would look at. You

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know, they in most of these cases when I
looked at the property, there were there

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were a number of really of small lots
that were non-conforming. They couldn't

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meet the R5
uh standards starting with acreage and

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then setbacks. Setbacks are really great
on five acres. And so the R1 is rural

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residential and and so there are um you
know there there less setbacks like

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that. So in most cases it's not going to
affect them but there could be something

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that would be and al also to remember
too is that um you know we talk about

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trying to keep the density as low as
possible in some of these residential is

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that when you have the R2 if you have 10
acres for CD you can only have two you

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know two subdivided one so you have two
two houses let's say if it was R1 and

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it's 5 acres or 10 acres, it's double
that. So, so it does increase the

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density when you take something to R1 at
CD and we try not to do that, but there

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there some cases it just makes sense.
And like I said, I'm not quite sure. I

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remember asking Barry when I first was
doing the value

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report is how the C came about. And I
think he said that um sometime like I

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said in early 2000s late 90s maybe after
the city u you know either one became a

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city or village someone said let's let's
create this this seating area that

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protects the land. It's a good idea. But
since then, we also have repairing

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setbacks. We have flood planes. So, a
lot of that's being done anyway. But we

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kept the CD because I question whether
we needed the CD because we have all

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these other things. But we kept the CD
uh and so just now when we got into it,

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we had to adjust the the boundaries
because

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» Mr. Tom asked this these these zoning
changes would take effect with this new

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code
>> with the ordinance. Um what if somebody

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after receiving a letter said wait a
minute I don't want to change to that I

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want to change to this what's the
process for for that change to happen?

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Well,
if you want to change to another zone,

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not our one or CG,
>> well, the lot is split and we made the

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decision that that their lot was now
going to be this. They get the letter,

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they look at it and they say, "Well, I
don't want it to be this. I want to be

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that. I want to be the other." Um,
>> well then

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» if it makes if it if it fits the
requirements for that, if the lot fits

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the requirements for the other, it would
go either way. What what is the process

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then for them to say
change it to the other one? Is that a

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big deal?
>> Right now is that we would just go in

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based on everybody what what we're doing
is just go ahead and change that that

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that partial to ours let's say versus CD
>> even if the ordinance is approved

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they
>> no afterwards they have to go to the res

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this would be prior to the ordinance
being approved. So if we send this when

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we send this letter out they get back to
us and say we would rather have it R1

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than CD,
>> right?

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» Then we would change it to R1. My only

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the only the only issue that I would
have is let's say it's 20 acres and five

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of it is R1 and 15 of it is CD. is if
they say yes, I want to be R1. It's

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going to take a big chunk of land and it
will increase density. That's the

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precaution you by doing this is it's
it's taking all you know I can get more

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density on my property out. So that's
the risk you take doing this. But I

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think in all fairness, I mean, people
out here, they live out here forever.

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And there's a good good chance that
those people that now have a split lot

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had a single lot when they bought it.
And the city came through and decided to

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make these changes and turned it in,
created this problem. And you know, they

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my concern is with the changing it from
an R1 to a CD. As you mentioned, these

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are changing setbacks. You know, if they
want to put a garage or something else,

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not that it changes where they can't put
it. Um if it's going from CD to um R1,

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those setbacks are going to be less. So
it should

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» Right. But but I thought the CD was more
restrictive.

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» It is.
>> So

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before we're going to automatically make
them more restrictive and now we just

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limited what somebody can put on their
property.

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» No, if this is done now, then that
section I rotated won't be split. We're

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going to make those changes prior to the
code. This section I write to you in

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article one of the procedures that would
be something happens after the code is

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approved. So if we change these that we
change something from uh CD to R1 or CD

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R1 to CD it's changes made in that
section I write to you would not

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isn't per because we've already made
that change. So we stop doing something.

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» And so so the problem I have with that
is when you take so much property and

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you make it more restrictive
from a value standoint, you increase the

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value of the property, right?
>> I think as housing people and zoning

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people, we do not have the right to make
their property more restrictive.

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Essentially,
it cost them money.

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So, I I commend the the mayor and and
our legal council marshall for getting

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us letter prepped so these people come
in and talk to us, but for you and

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the zoning people that were already no
longer here just to willy-nilly make

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these decisions, we're going to change
it and then fall back on ROC code that

203
00:17:21,679 --> 00:17:29,520
says, "Oh, we don't have to do this
unless it's more than 10 or less." But

204
00:17:27,039 --> 00:17:35,039
unless it's less than 10 people, it's
it's ridiculous. The fact that the mayor

205
00:17:31,840 --> 00:17:37,840
and our legal counsel is going out and
saying we need to be more open about

206
00:17:36,400 --> 00:17:41,360
this. They need to be commended for
that.

207
00:17:39,280 --> 00:17:48,000
» Just Fred Fred helped us create that
letter. She's saying,

208
00:17:44,400 --> 00:17:51,919
» also help design
these properties more restrictive

209
00:17:49,280 --> 00:17:57,360
without seeking
input from the people who own the

210
00:17:53,440 --> 00:18:01,120
property. And it's not
I've been in real estate 30 years. You

211
00:17:58,960 --> 00:18:04,960
make a property more restrictive and
tell me I can't do more things on it,

212
00:18:02,960 --> 00:18:10,160
you decrease the value of my property.
Who takes liability for that?

213
00:18:08,240 --> 00:18:15,200
» That's correct. I mean, it it does make
it because it's less dam. So, a lot of

214
00:18:13,200 --> 00:18:19,440
these OC things, you're going to see
these in codes, these standard things

215
00:18:17,760 --> 00:18:25,360
like the 10 locks. That's pretty
standard. Every code I've looked at,

216
00:18:23,120 --> 00:18:30,640
my old codes used to have that. this
code had. So it it's a standard thing.

217
00:18:27,760 --> 00:18:36,640
It just it's just and then the other
section

218
00:18:32,559 --> 00:18:41,280
it's normal thing. So um there's a lot
of things in the codes that are pretty

219
00:18:38,559 --> 00:18:44,960
standard because they come from code of
what cities can do. Townships have

220
00:18:43,200 --> 00:18:50,080
intersections.
So a lot of these things come they just

221
00:18:47,120 --> 00:18:53,840
be clear.
question if I may uh on kind of a

222
00:18:52,400 --> 00:18:58,400
different subject. Let's go on on
properties. Uh further down Manchester

223
00:18:55,679 --> 00:19:02,960
Road, we changed the property code from
business to MU-1

224
00:19:00,720 --> 00:19:08,000
historic.
And as I was looking through that today,

225
00:19:05,360 --> 00:19:16,080
um there are some uh places down there
that uh have businesses there. So, let's

226
00:19:12,400 --> 00:19:21,360
say I own a a shop of some sort. I'm at
retirement age. I decide that I'm going

227
00:19:18,559 --> 00:19:28,000
to sell my shop. I close my business. It
takes me a year to sell my building,

228
00:19:25,760 --> 00:19:31,039
but do I can I still sell it to somebody
who's going to put the same type of

229
00:19:29,440 --> 00:19:36,480
business in there? Do I lose my
grandfather?

230
00:19:33,280 --> 00:19:45,039
Everything in the MS1
MU1 and these are the MS1, MU2, MS3,

231
00:19:41,600 --> 00:19:51,520
everything you're doing today.
>> But these particular uh places I looked

232
00:19:47,440 --> 00:19:55,440
at um one is a a conditional zoning and
the other one is not currently allowed

233
00:19:53,200 --> 00:20:00,640
in any one.
So, um but you need to look at those

234
00:19:59,039 --> 00:20:06,160
things as we went through with the
planning commission. Uh in the new code,

235
00:20:03,679 --> 00:20:10,960
uh just again,
uh conditional use permits did not go to

236
00:20:08,640 --> 00:20:16,000
city council. It was something that the
commission didn't approve in a new code.

237
00:20:14,160 --> 00:20:20,559
Everything's a conditional use permit
goes to the city council. So, there's

238
00:20:18,640 --> 00:20:25,039
another step, another public hearing
process. So, it what was the example for

239
00:20:23,360 --> 00:20:26,480
that?
in this

240
00:20:25,520 --> 00:20:29,919
» body shop.
>> Body shop

241
00:20:27,760 --> 00:20:37,280
» is not currently committ permitted in
the new uh

242
00:20:34,320 --> 00:20:42,600
the reason why typically body shops and
u they they tend to uh

243
00:20:42,960 --> 00:20:51,840
neighboring properties sometimes uh do
not like quality shops because of uh

244
00:20:48,799 --> 00:20:59,280
paint smells other work being done. And
so by putting it through a conditional

245
00:20:53,520 --> 00:21:04,559
use permit is that um it it allows for
some review of additional standards and

246
00:21:02,640 --> 00:21:10,320
that's why you have a conditional use.
It's allowed by rights, but now there's

247
00:21:06,880 --> 00:21:18,880
a conditional uh use tied to that
property that would allow for um for not

248
00:21:15,440 --> 00:21:26,480
particularly that hours uh noise things
like that. and and so in most cases um

249
00:21:23,919 --> 00:21:31,360
body shops if there's conditional use
permits have those extra step that they

250
00:21:28,799 --> 00:21:35,760
have to do. Now, if you go through that
table, you could say, "We don't really

251
00:21:34,240 --> 00:21:40,000
want body shops to have the
distribution. We can make it permanent

252
00:21:37,440 --> 00:21:44,480
use." It's just you need to go through
that, make sure you're comfortable with

253
00:21:41,600 --> 00:21:49,280
those. But I would just say my
experience has been when we have things

254
00:21:46,080 --> 00:21:57,840
like shops or or
paint shops um is that

255
00:21:54,400 --> 00:22:01,520
the smell and things like that
have been there for decades. Yeah. Well,

256
00:21:59,600 --> 00:22:06,640
there wouldn't be a condition for that.
>> All right. So, answer the question then

257
00:22:03,440 --> 00:22:10,880
if you would please. I my my building
sits vacant for a year because I haven't

258
00:22:08,480 --> 00:22:14,960
sold. Somebody comes in and says, "I
want I want to I'm a new body guy. I

259
00:22:13,360 --> 00:22:18,480
want to go back in here and put a body
shop." What steps does he have to take

260
00:22:16,559 --> 00:22:21,600
after a year? Is he automatically
grandfather because that's what the

261
00:22:19,840 --> 00:22:26,480
building was set up for or does he have
to jump through a bunch? Um, it really

262
00:22:24,640 --> 00:22:30,880
gets into then you're getting into
nonconformity. There was a nonconformity

263
00:22:28,960 --> 00:22:36,720
section. I'd have to look at that
section and see what the limitations is.

264
00:22:33,840 --> 00:22:42,080
Typically, and I'm just thinking out
loud. I abandon this. I can get back to

265
00:22:38,720 --> 00:22:49,120
you on it is typically is if you abandon
a place and it electricity turned off,

266
00:22:46,799 --> 00:22:55,200
all the utilities are turned off and it
stays vacant, then it's loses that

267
00:22:52,559 --> 00:22:59,360
conformity and typically you see that in
not so much conditional use permits. Uh

268
00:22:57,600 --> 00:23:05,679
but if you have it on the market, it's
been trying to sell then it can it

269
00:23:02,240 --> 00:23:12,400
continues that control. So I guess in
that case the body shop tire you try to

270
00:23:09,280 --> 00:23:17,200
sell it and another body shop wants to
go in it and it's been for sale then

271
00:23:14,320 --> 00:23:21,840
they can continue that without changing
you know without without losing

272
00:23:19,520 --> 00:23:24,559
conformity and just the newspapers run
with the property. Mr.

273
00:23:24,240 --> 00:23:28,640
Yes.
>> Okay. Uh with respect to the this

274
00:23:26,960 --> 00:23:31,919
particular question about the the body
shop

275
00:23:30,240 --> 00:23:35,520
and I want to also look at the uh the
code but we have an opportunity here if

276
00:23:34,080 --> 00:23:40,480
we don't like our code this is the time
that we can change it. Uh but on

277
00:23:38,080 --> 00:23:43,840
traditionally on non-conforming uses it
is one year. So your example of one year

278
00:23:42,559 --> 00:23:48,480
really actually you put it right on the
knife's edge. Right. So if it's if it's

279
00:23:45,679 --> 00:23:52,880
364 days it's still okay because you
were grandfathered in and he's correct

280
00:23:50,320 --> 00:23:56,000
that it that it stops with the use. So
once you stop using it, you see this a

281
00:23:54,720 --> 00:24:00,480
lot of times. It's actually just the
opposite. You've got an agricultural use

282
00:23:57,760 --> 00:24:06,400
next to some another in the family farm
gets passed along. I just did this and

283
00:24:03,600 --> 00:24:11,679
it was um you know did the farm continue
to be in use and the question is whether

284
00:24:09,200 --> 00:24:15,840
there was still equipment there. So so
use is a big question with the that's

285
00:24:14,159 --> 00:24:18,799
why it's kind of a nuanced answer. If
the body shop still has all of the

286
00:24:17,200 --> 00:24:21,760
equipment in it and there's people there
that every once in a while will turn the

287
00:24:20,159 --> 00:24:25,679
lights on. I mean, you could still say
that that use is continued and you can

288
00:24:23,840 --> 00:24:30,240
keep keep kicking it out. The other
option why is there somebody not here is

289
00:24:27,679 --> 00:24:35,200
if you don't like that one-year use, we
can always extend the the non-conforming

290
00:24:32,240 --> 00:24:40,240
use to two years, 5 years. Um, you know,
however you would want to do that, but

291
00:24:37,440 --> 00:24:45,279
that's the the non-conforming use
question. Eventually,

292
00:24:42,960 --> 00:24:50,640
you want to you that's why we have the
rules. Uh on the flip side, uh if you've

293
00:24:48,640 --> 00:24:54,400
established a use and we change the code
on you, you can continue to use that for

294
00:24:52,720 --> 00:24:58,080
your lifetime and it will continue to
run with the property even if you sell

295
00:24:56,480 --> 00:25:03,279
it to the next guy. So in your example,
if a young man comes along uh and wants

296
00:25:00,159 --> 00:25:07,120
to buy the body shop and it's within 365
days of when the gentleman shut the

297
00:25:04,960 --> 00:25:11,440
lights off, he's okay. Uh if he's beyond
that period, uh he'll just have to come

298
00:25:09,120 --> 00:25:15,760
back. Uh and this goes to Mr. Pal's
question, too. Uh you it's not like he's

299
00:25:13,840 --> 00:25:21,360
completely out of the block. uh you can
come back and either ask for a variance

300
00:25:18,240 --> 00:25:27,520
um or reapply for a uh a conditional use
um on that. But the u in the example of

301
00:25:24,320 --> 00:25:31,600
the gosh I I can't put my shed out here
anymore uh because the setbacks have

302
00:25:29,840 --> 00:25:37,120
changed and my expectation was that when
I bought this property uh I could put it

303
00:25:34,000 --> 00:25:40,080
right here. Uh that is actually one of
the it's called the Duncan factors. I

304
00:25:38,960 --> 00:25:44,080
don't if you've ever heard of that
phrase. So when you are um this is

305
00:25:42,400 --> 00:25:47,440
something that our BCA right would
normally run into when they're

306
00:25:45,679 --> 00:25:51,760
considering a variance there are a list
of factors that's named after a lawsuit

307
00:25:49,600 --> 00:25:55,440
called the Duncan factors. One of them
is whether what your expectation was

308
00:25:54,080 --> 00:25:58,400
when you brought the property. So you
hit the nail on the head with respect to

309
00:25:57,039 --> 00:26:02,960
what uh you know what we're concerned
about and what our our people uh what

310
00:26:00,559 --> 00:26:07,840
our residents are are thinking. Uh and
the law does allow uh for somebody to

311
00:26:05,200 --> 00:26:12,320
get a an exception or a variance uh if
they come back in. I and I don't want to

312
00:26:10,480 --> 00:26:16,240
prejudge every case because you know
heaven forbid you know six years from

313
00:26:13,919 --> 00:26:20,240
now the VCA doesn't grant variance but I
would think that in a context like this

314
00:26:18,159 --> 00:26:24,559
where we've changed the zoning code uh
in this example where you you know going

315
00:26:21,760 --> 00:26:28,080
from half to a whole that the VCA would
be open to that. I can't think of a much

316
00:26:26,559 --> 00:26:32,080
better example of when a variance would
be appropriate.

317
00:26:30,559 --> 00:26:35,520
» I think going to the department somebody
had on that is is it $400 to do a

318
00:26:34,320 --> 00:26:38,640
variance?
>> I think when I saw one just recently

319
00:26:37,360 --> 00:26:41,679
some
I don't know

320
00:26:39,120 --> 00:26:45,919
» the split you talking about to reszone.
>> No,

321
00:26:44,400 --> 00:26:50,320
I think it was
>> we be charging them to get variance when

322
00:26:48,799 --> 00:26:54,720
we change it
>> to the original expectation.

323
00:26:51,919 --> 00:26:58,320
» Well, I think you know and that's why I
just asked Marshall. I said, "Well, what

324
00:26:56,159 --> 00:27:02,240
if we just get rid of the CD district?"
And and the scary part of that is

325
00:27:00,559 --> 00:27:05,919
they're not scary. I guess I should
rephrase it.

326
00:27:04,159 --> 00:27:10,720
you know, you talk about then that we
don't in fact we lose control of the

327
00:27:07,760 --> 00:27:15,440
density, you know, and then we could get
into a situation we have a lot of small

328
00:27:12,480 --> 00:27:19,919
lots and and if that's what they want to
do, they'd have the right to do it. And

329
00:27:18,400 --> 00:27:25,279
again, I'm coming at the tail end of
this thinking, you know, I how how I

330
00:27:22,880 --> 00:27:28,880
would be looking at it um just as a
resident, you know. Um

331
00:27:27,679 --> 00:27:32,960
» that's where I was asking the last
meeting. Instead of opting to make it

332
00:27:30,880 --> 00:27:36,640
more restrictive, we we opt to do a more
restrictive law. We have to go less

333
00:27:34,559 --> 00:27:40,880
restrictive. If it's got two different
classifications,

334
00:27:38,400 --> 00:27:43,840
toggle it back to less restrictive and
we're not harming anybody.

335
00:27:42,240 --> 00:27:47,039
» At least on the affected properties,
you're talking6

336
00:27:45,840 --> 00:27:50,799
properties are going to be more
restrictive.

337
00:27:49,520 --> 00:27:56,080
» How long would you do the analysis on
the 56? We can do the analysis on each

338
00:27:52,720 --> 00:28:01,000
of the 56 properties and come back and
yes or no more restrictive less

339
00:27:58,000 --> 00:28:01,000
restrictive.

340
00:28:01,039 --> 00:28:08,799
Well, I I think we just um uh
>> question asked for more time on this.

341
00:28:07,520 --> 00:28:12,520
» Absolutely.
Well, I'm glad I

342
00:28:15,600 --> 00:28:22,799
um we get these letters sent out uh with
with a date of return, the expectation

343
00:28:20,640 --> 00:28:29,360
of having it returned. And if if there's
anybody with any concerns, we're able to

344
00:28:25,679 --> 00:28:33,679
change it quickly without any big deal
uh before we pass the thing. And if

345
00:28:31,679 --> 00:28:38,159
there are no concerns, then we can be
comfortable going ahead and and passing

346
00:28:35,760 --> 00:28:42,320
the the ordinance and uh making those
changes. Uh but I think if we like like

347
00:28:40,880 --> 00:28:48,480
our concern was to let the property
owner know. Um and

348
00:28:46,720 --> 00:28:52,480
I don't know if we need to put more in
the letter or or less in the letter as

349
00:28:50,720 --> 00:28:56,399
far as you know this what this is what
it means for you you know for your

350
00:28:54,240 --> 00:29:00,720
particular property or call us or you
know whatever. We can go through what it

351
00:28:58,559 --> 00:29:03,120
exactly means. give give each person the
opportunity. They don't need to come

352
00:29:01,840 --> 00:29:07,360
through council. We don't need to have
public hearing board. It's just you know

353
00:29:05,279 --> 00:29:12,559
this is what I prefer and that's you
know okay I would rather overcommunicate

354
00:29:10,159 --> 00:29:16,399
than a lot of people now and even uh
sorry to cut you off Jim even Tony

355
00:29:14,399 --> 00:29:21,279
administrator Hitchings and Fred and I
didn't speak even

356
00:29:18,880 --> 00:29:25,360
Mr. Hitchings said hey I'll go live
individually talk to these people if

357
00:29:22,960 --> 00:29:29,279
necessary just to make sure we're we're
messaging them on top of the letter.

358
00:29:27,919 --> 00:29:35,640
I would appreciate that because I don't
know how many times I get something from

359
00:29:30,480 --> 00:29:35,640
my local municipality that I never just

360
00:29:38,399 --> 00:29:44,960
» I was going to say I would like to add
in the workshop date into the letter

361
00:29:42,080 --> 00:29:47,679
once you put that in there so they have
that opportunity to come and talk to us

362
00:29:46,799 --> 00:29:51,440
and
>> so to piggybacking on that I know we I

363
00:29:49,760 --> 00:29:55,440
mentioned last meeting I'd like to have
a workshop there's there's six sections

364
00:29:53,120 --> 00:30:00,720
in there essentially it's one they're
odd number But uh what what would work

365
00:29:58,720 --> 00:30:04,240
for you guys to have a date to have a
workshop? You guys want to do a a

366
00:30:02,960 --> 00:30:06,799
weekend morning? You want to do an
evening? What do you guys think? What

367
00:30:05,520 --> 00:30:10,799
works best for you guys?
>> They can find something for me.

368
00:30:08,799 --> 00:30:14,320
» I'll be here whenever. What's the
purpose of the workshop

369
00:30:12,000 --> 00:30:19,200
» to go through the code? Well, we can all
discuss the code individually. It's not

370
00:30:16,799 --> 00:30:22,799
a requirement like it'd be good
>> whenever

371
00:30:20,320 --> 00:30:26,640
» evenings for me especially not Saturday
or not like weekend mornings just

372
00:30:24,559 --> 00:30:31,679
because of
>> how late in the evening

373
00:30:28,640 --> 00:30:36,480
» anytime but I probably would say
evenings work

374
00:30:33,600 --> 00:30:41,440
» at night works best for everybody
>> Monday through Thursday

375
00:30:39,600 --> 00:30:45,200
» not Friday
>> you guys I

376
00:30:42,880 --> 00:30:50,720
» I'm flexible
>> you time Monday to Thursday

377
00:30:48,240 --> 00:30:54,640
for me.
>> All right.

378
00:30:52,080 --> 00:30:58,520
» Mondays are typically best for me
football right now.

379
00:30:55,520 --> 00:30:58,520
» Yeah.

380
00:31:00,799 --> 00:31:08,399
» And then uh I would ask and just I spoke
about that too. Um if you guys do have

381
00:31:06,399 --> 00:31:12,960
questions or want follow up, if you
wouldn't mind submitting those, email me

382
00:31:10,559 --> 00:31:16,960
those over. I'll collect them and we'll
try to do those together.

383
00:31:15,279 --> 00:31:22,159
So we can kind of just keep chipping
away at it and answer everything and try

384
00:31:19,520 --> 00:31:27,919
to continue to inch forward. So I want
to make sure this workshop is for us to

385
00:31:25,279 --> 00:31:31,760
dive into certain ones. Nothing to do
with presidents coming here and

386
00:31:30,559 --> 00:31:36,880
» they they're welcome to come and
observe.

387
00:31:32,799 --> 00:31:38,559
» I'm saying the 56 that we do that in an
actual meeting.

388
00:31:37,519 --> 00:31:40,480
» That's an actual
>> Yeah, we would just have come during

389
00:31:40,159 --> 00:31:45,519
meeting
>> prior to Yeah. Mike and I can pro

390
00:31:43,440 --> 00:31:49,919
provide feedback to as we talk to the
the residents. Okay.

391
00:31:46,960 --> 00:31:55,200
» Like, hey, John Smith
at such and such address is would rather

392
00:31:52,640 --> 00:31:58,320
say R1 or whatever the case may
>> requirement for workshops. I didn't

393
00:31:57,200 --> 00:32:00,480
think it was two weeks. I thought it was
less

394
00:31:59,440 --> 00:32:06,559
» for notice.
>> Yeah, I thought it was two weeks.

395
00:32:02,159 --> 00:32:06,559
» That's for public hearing work.

396
00:32:07,279 --> 00:32:14,399
But the traditional rule is 24 hours
because what would be considered a

397
00:32:11,279 --> 00:32:21,559
special meeting special?
>> So I know is the 24th. Does that work

398
00:32:16,799 --> 00:32:21,559
for everyone? That's the next Monday.

399
00:32:26,240 --> 00:32:35,240
» What time
you guys

400
00:32:31,760 --> 00:32:35,240
open for you?

401
00:32:36,640 --> 00:32:41,880
Mondays
for men

402
00:32:43,679 --> 00:32:47,840
through 6:30
>> and that probably won't give us time to

403
00:32:46,799 --> 00:32:50,720
get on to
>> Right. Yeah.

404
00:32:49,039 --> 00:32:54,960
» Actually, yeah, that's not what we're
going to talk about.

405
00:32:51,840 --> 00:32:58,960
» Yeah. Yeah. No, that's fine.
>> Those are where my questions are. This

406
00:32:56,640 --> 00:33:03,200
is both really for Fred and and the
administration. Do we think that we're

407
00:33:00,880 --> 00:33:06,559
ready? We've identified the 56 slots. we
have the addresses and are they ready to

408
00:33:04,640 --> 00:33:10,960
go out and if the answer is that is yes
then I would ask council what date do we

409
00:33:08,559 --> 00:33:17,440
want to offer them how many different
hearings do we anticipate I think we

410
00:33:13,120 --> 00:33:21,720
might I think what I heard was before
>> but not really on a special date

411
00:33:22,000 --> 00:33:29,360
» do do we need do we need council to be
involved I my thinking is we we send a

412
00:33:27,200 --> 00:33:34,559
letter out and if we tell somebody uh
we're we're zoning your entire property

413
00:33:31,840 --> 00:33:39,120
B instead at B and C and they come back
and say I'd rather it be C. I think we

414
00:33:37,200 --> 00:33:42,240
just make that change for them. It's
their property. I don't think they need

415
00:33:40,640 --> 00:33:45,919
to come before council. I don't think I
don't think we need to have any public

416
00:33:43,519 --> 00:33:50,320
hearing that we'll get from,
>> you know, just just, you know, if if

417
00:33:48,320 --> 00:33:55,120
they if they have an objection to it and
they want the other district that's

418
00:33:52,559 --> 00:33:57,679
already on their property. Okay. I I I
don't see where there

419
00:33:56,320 --> 00:34:01,919
» you want to make sure they understand
the letter or like Kevin said, they open

420
00:34:00,000 --> 00:34:06,960
it. I think it's an acknowledgement that
hey, I got this. I understand.

421
00:34:03,679 --> 00:34:10,079
» Well, like not that they didn't throw it
in the trash. But I mean, we can only do

422
00:34:08,960 --> 00:34:16,639
so much.
>> Well, you'll be sure to follow up with

423
00:34:13,520 --> 00:34:21,760
I'm agreeing to start I I mean, I like
Barry, I hesitate to tell people what

424
00:34:19,119 --> 00:34:25,919
they should do with their, you know,
>> I don't want to restrict their property

425
00:34:23,599 --> 00:34:30,480
more than
>> I just think if they say they want to do

426
00:34:27,520 --> 00:34:32,560
it this way. Okay. So, I'm just
talking about,

427
00:34:31,440 --> 00:34:40,159
» right? But
>> what about if 90 95% of it was seed and

428
00:34:38,159 --> 00:34:45,280
they knew that going in. We're just
saying and it's a 15 acre 20 acre lot.

429
00:34:43,599 --> 00:34:49,919
Now we're just going to make all 20
acres because of that 5%.

430
00:34:48,480 --> 00:34:52,960
» They could have bought that property 30
years ago and it wasn't

431
00:34:50,720 --> 00:34:58,160
» it wasn't anything. Okay. Yeah, that's
>> that's my point. mention it.

432
00:34:55,119 --> 00:35:01,960
» So yeah, it could be 5% R1 and you know
95% CD,

433
00:35:03,760 --> 00:35:09,119
right? So that's my point there. Well,
as far as I don't know that we need you

434
00:35:07,760 --> 00:35:12,400
here because I think what we're going to
do, and I appreciate you offering to I

435
00:35:11,520 --> 00:35:16,560
think we're just going to have our
discussions internally, compile a list

436
00:35:14,240 --> 00:35:20,160
of of concerns, questions, get that over
to the mayor and let the mayor get that

437
00:35:18,240 --> 00:35:26,160
over to you and that way you can work on
that and instead of just wasting your

438
00:35:22,160 --> 00:35:31,839
time, ask your
but it sometimes it's better, not that I

439
00:35:28,880 --> 00:35:35,680
want more meetings, is that if you have
a question, it's easier for me to answer

440
00:35:34,079 --> 00:35:44,160
that question
going through the code and so if you

441
00:35:38,560 --> 00:35:49,040
don't you only got you know be here but
um I probably should just answer your

442
00:35:46,240 --> 00:35:55,599
question just in case that's there were
two questions here that just came up I

443
00:35:50,720 --> 00:36:00,800
think had a question about what was the
what was

444
00:35:58,079 --> 00:36:05,280
things moving to CD or
>> how many were affected

445
00:36:02,800 --> 00:36:13,040
I don't when I look at this map because
I identified it. Most of the properties

446
00:36:08,720 --> 00:36:20,800
are going from CD to an R1
uh or in some cases over two because it

447
00:36:17,200 --> 00:36:26,880
was just a sort of edge of the property
that someone decided it was near near

448
00:36:24,720 --> 00:36:32,560
the river, the Tus River, things like
that that they thought, oh, it should be

449
00:36:29,200 --> 00:36:38,480
it's probably plain wetlands and it
should be seated. And so in most cases,

450
00:36:36,079 --> 00:36:47,680
this is unscientific until we get the
jazz is probably 60 to 70% from CD to R1

451
00:36:44,160 --> 00:36:55,839
because that CD was created to protect
certain more than that. And then um the

452
00:36:52,320 --> 00:37:03,359
question you just had it was
about the something else

453
00:36:59,839 --> 00:37:08,000
was it somebody was 95% C and then they
and we just automatically say, "Hey,

454
00:37:04,880 --> 00:37:12,160
it's cool." What are the ramifications
of

455
00:37:08,960 --> 00:37:18,160
» the ramifications are? If it was it
would just be high,

456
00:37:15,839 --> 00:37:23,760
» right? And what what Kevin, Mr. Powell
said was maybe that person that CD

457
00:37:21,760 --> 00:37:28,880
wasn't even in there, right, prior to
when they purchased the property and we

458
00:37:25,440 --> 00:37:37,040
threw that upon them.
Sometimes I we had a property that was

459
00:37:32,560 --> 00:37:42,240
came in for a various
partially in a CD. It was Tom Zelly's

460
00:37:40,079 --> 00:37:47,440
property and they didn't realize that
there were two zoning districts on there

461
00:37:44,240 --> 00:37:52,000
CD by one because that CD was created on
there and so we had to work through that

462
00:37:49,680 --> 00:37:56,160
issue. It was a plan commission. We had
to work through what the setbacks were

463
00:37:53,440 --> 00:38:01,520
on that. Um, so there could be a case
where people don't even realize that

464
00:37:59,119 --> 00:38:05,520
they have this bill.
>> So that group, we don't know though, but

465
00:38:03,040 --> 00:38:09,680
that group may have just arbitrarily
said this is CD.

466
00:38:08,480 --> 00:38:13,359
» We don't know how it was done.
>> Yeah.

467
00:38:10,400 --> 00:38:16,560
» And the Dell property so large that you
know

468
00:38:14,560 --> 00:38:20,079
» well that's really a flood area through
there has been for a long time.

469
00:38:20,240 --> 00:38:27,440
And you have to remember too is that
flood planes repairing if there's a

470
00:38:25,440 --> 00:38:31,920
subdivision or something you can't
really go in the flood. You could but

471
00:38:29,440 --> 00:38:37,280
your insurance rates as well and we're
not going to let you go into a repairing

472
00:38:34,720 --> 00:38:42,160
either. So uh so there are some
restrictions in addition to the zoning

473
00:38:39,520 --> 00:38:48,320
and the repairing probably I thought it
was probably created after the season.

474
00:38:46,640 --> 00:38:53,440
Well, I'm pretty confident that when we
send these lenders out and u uh contact

475
00:38:51,520 --> 00:38:57,760
uh all these property owners, I'm pretty
confident that one maybe two might have

476
00:38:55,760 --> 00:39:01,440
an issue. Most people aren't going to
have an issue, but you know, as as Mr.

477
00:38:59,680 --> 00:39:06,160
Schaefer has said, we need to give them
that opportunity. You know, let them

478
00:39:03,359 --> 00:39:09,280
make that decision. Uh we're looking at
the workshop on Monday. Yes.

479
00:39:08,079 --> 00:39:12,680
» At 6:00.
>> I just want to

480
00:39:14,400 --> 00:39:17,400
time

481
00:39:18,079 --> 00:39:30,200
Okay. Uh, anything else or can we table
that to the workshop this

482
00:39:25,599 --> 00:39:30,200
anything pressing while we have Mr.

483
00:39:32,560 --> 00:39:41,520
» Yeah, please.
Um, was there any uh more information

484
00:39:39,440 --> 00:39:50,880
about what seems to have been added in
between the family zoning public hearing

485
00:39:44,480 --> 00:39:57,440
and uh councils the uh attached single
family adding six units

486
00:39:55,119 --> 00:40:01,280
» that was added I believe prior to that.
And the only real change I didn't go

487
00:39:59,280 --> 00:40:07,920
through the code. The only real change
was the data centers because at that

488
00:40:04,800 --> 00:40:12,720
planning commission public hearing uh
there were more questions on data

489
00:40:09,440 --> 00:40:19,599
sensors and so it made the more
reserved. Um but the six units I believe

490
00:40:16,480 --> 00:40:23,280
that was changed prior to that that
>> it wasn't in the version that was given

491
00:40:21,359 --> 00:40:27,760
out to the public. Well, I can't, you
know, without looking comparing, I can't

492
00:40:25,440 --> 00:40:34,160
give you. But if it was, then we added
it the six units in the mixed juice, not

493
00:40:31,520 --> 00:40:37,480
in the R3
and the R.

494
00:40:39,119 --> 00:40:43,760
» Okay.
>> All right. I think we will uh

495
00:40:42,160 --> 00:40:47,280
» Marshall has one question about the
special meeting, but

496
00:40:46,160 --> 00:40:52,320
» just to make sure we
>> So for a for purposes, I don't know how

497
00:40:50,000 --> 00:40:56,720
we do in the past. until why we're
talking about it. U this is a spe it'll

498
00:40:55,280 --> 00:41:02,000
be considered a special council meeting,
but it'll be a workshop. Our I did look

499
00:40:59,359 --> 00:41:05,200
at our rules. It is a 24-hour notice. Uh
there are several different ways that

500
00:41:03,280 --> 00:41:10,560
we're going the council can call a
special meeting. One of them is to call

501
00:41:08,160 --> 00:41:13,359
the mayor, which is the easiest as an
administrative matter to handle it. We

502
00:41:12,079 --> 00:41:17,760
don't have to like vote on it or we
don't have to give four signatures or or

503
00:41:14,960 --> 00:41:22,560
or so on. So, I don't know how we
>> I've never advertised for a workshop,

504
00:41:20,400 --> 00:41:27,520
» nor do I take minutes for a workshop.
>> I know Katie's put stuff out before.

505
00:41:24,400 --> 00:41:30,960
» You've had You've had workshops.
>> Yeah, Katie put something out.

506
00:41:28,880 --> 00:41:36,800
» We just simply have to post it. There's
not necessarily a um any other than

507
00:41:34,800 --> 00:41:40,800
wherever we typically post our notices
like on our website or whatnot. And then

508
00:41:38,240 --> 00:41:45,440
there will be a however we schedule any
other uh special council meeting whether

509
00:41:43,599 --> 00:41:48,960
it's a workshop or whether it's not if
there's a form that we use that's what

510
00:41:47,680 --> 00:41:53,119
we should do and if we don't
>> is it going to be considered a workshop

511
00:41:51,119 --> 00:41:57,920
or a special meeting there is a
difference a special meeting then yes

512
00:41:56,160 --> 00:42:02,160
there are minutes taken for that if it's
a workshop then no

513
00:42:00,800 --> 00:42:08,400
» choose a workshop
>> so it sounds to me as if it's a workshop

514
00:42:04,960 --> 00:42:12,560
amongst the seven of Um,
>> no decisions will be made.

515
00:42:09,520 --> 00:42:19,760
» No decisions being made. Therefore, no
minutes to file.

516
00:42:16,720 --> 00:42:25,119
» That's why I
>> Yeah, I um

517
00:42:23,599 --> 00:42:28,480
we should talk about that later.
>> Okay. Kevin, you've had prior workshops.

518
00:42:27,119 --> 00:42:31,359
» Oh, yeah. Katie just put something out
that we were having workshop because I

519
00:42:30,000 --> 00:42:35,520
know we had people show up.
>> Okay. I've not attended those.

520
00:42:34,319 --> 00:42:38,000
» I don't think you should have to attend
them. I'm not I'm not suggesting uh

521
00:42:37,359 --> 00:42:41,760
that.
>> But I mean it's your special meetings.

522
00:42:39,520 --> 00:42:43,920
We I have to take minutes and it has to
be

523
00:42:42,720 --> 00:42:48,240
» if there's a council meeting.
>> Yes. If it's a special meeting a

524
00:42:46,000 --> 00:42:53,520
different day that's a diff that's
different than having a workshop.

525
00:42:51,680 --> 00:42:58,160
» So that's why I was just concerned how
you're going to phrase that because if

526
00:42:56,480 --> 00:43:03,839
it's a special meeting then yes I need
to be there. So if it's a workshop no

527
00:43:00,319 --> 00:43:06,640
it's amongst the seven of them.
Well, we're not going to make any

528
00:43:04,960 --> 00:43:10,319
decisions. This is more of getting our
questions together to present to get

529
00:43:08,560 --> 00:43:13,200
answers. So, this could be just the
workshop.

530
00:43:12,079 --> 00:43:16,800
» Yeah, we're just going to compile a
bunch of information. I can actually

531
00:43:14,880 --> 00:43:20,160
forward over to the mayor, too.
>> So, I understand. I will need to look at

532
00:43:18,640 --> 00:43:24,720
our rules and whether or not because we
do have the ability uh as a charter

533
00:43:22,240 --> 00:43:29,440
community to opt out of the state rules
uh and change the the rules, but unless

534
00:43:27,200 --> 00:43:33,760
we have specifically a rule that says
workshops uh we don't need minutes or

535
00:43:32,240 --> 00:43:37,599
something to that effect, then it's
still considered a public meeting. Uh

536
00:43:35,839 --> 00:43:44,319
the public is permitted to attend like
you have and we are required to uh

537
00:43:40,319 --> 00:43:47,920
provide notice. Um, and we would uh we
would have minutes, but you could do a

538
00:43:46,000 --> 00:43:51,839
recording. I don't think that the report
has to be there. I don't think that's

539
00:43:49,520 --> 00:43:56,960
required for workshop. Uh, it's just
whether or not we have a a process, but

540
00:43:53,680 --> 00:44:01,280
the law requires uh any doesn't matter
what we call it. If it's a meeting of

541
00:43:58,720 --> 00:44:05,440
more than a quorum of the members of
council, it's a meeting. We'll we'll

542
00:44:03,839 --> 00:44:09,359
document what we're talking about
whether it's in a spreadsheet form or a

543
00:44:07,599 --> 00:44:13,200
reporting. And that way we have record
of the discussion and topic about it.

544
00:44:11,760 --> 00:44:16,160
» And it can be really I mean it can
literally almost look like an agenda. It

545
00:44:14,720 --> 00:44:18,720
does not have to be and I'm not
suggesting that detailed business are

546
00:44:17,520 --> 00:44:23,920
required at all. I'm just saying that
our notice requirements are required.

547
00:44:21,680 --> 00:44:26,560
» The public is allowed to attend but
they're not necessarily permitted to

548
00:44:25,680 --> 00:44:27,520
participate.
>> Correct.

549
00:44:27,119 --> 00:44:29,599
» Okay.
>> That is correct.

550
00:44:28,880 --> 00:44:31,040
» They can observe
>> which is which is typically how

551
00:44:30,560 --> 00:44:35,440
workshops are
>> hand council meetings we allowed

552
00:44:34,079 --> 00:44:38,319
workshops. We don't because it's really
is kind of a workshop

553
00:44:36,880 --> 00:44:41,599
» discussion. I just want to make sure
we're doing it illegally.

554
00:44:40,319 --> 00:44:45,920
» Exactly.
>> Not to throw you out there.

555
00:44:42,880 --> 00:44:49,200
» No. Sure.
>> There's no meetings in here for you,

556
00:44:48,720 --> 00:44:50,160
right?
>> No.

557
00:44:49,680 --> 00:44:54,880
» Okay.
>> Nothing.

558
00:44:52,560 --> 00:44:59,680
» Yeah. No, you're good.
>> All right. This will conclude the laws

559
00:44:56,960 --> 00:45:05,720
and ordinance committee meeting at 6:45
p.m. All right. We'll call order our

560
00:45:02,000 --> 00:45:05,720
schedule. Council meeting.

561
00:45:06,000 --> 00:45:14,880
I pledge algiance to the flag of the
United States of America and to the

562
00:45:11,440 --> 00:45:21,720
republic for which it stands. One nation
under God, indivisible, with liberty and

563
00:45:18,079 --> 00:45:21,720
justice for all,

564
00:45:22,400 --> 00:45:24,800
please.
>> Mr. C,

565
00:45:23,839 --> 00:45:26,160
» here I am.
>> Mr. Schaefer,

566
00:45:25,760 --> 00:45:28,880
» present.
>> Mrs. Jones,

567
00:45:28,240 --> 00:45:30,160
» present.
>> Mr. Pow,

568
00:45:29,680 --> 00:45:31,599
» present.
>> Mr. Py,

569
00:45:31,200 --> 00:45:37,520
» present.
>> Mr. Pres

570
00:45:34,960 --> 00:45:40,960
question for Marshall. Can I do the
approval for the minutes for both

571
00:45:39,359 --> 00:45:44,960
together
since one of the public hearing last?

572
00:45:43,440 --> 00:45:48,319
» They can be together.
>> All right. I'd like to make a motion for

573
00:45:46,800 --> 00:45:54,960
approval of the minutes from the public
hearing on August 5th, 2026 and the

574
00:45:52,400 --> 00:45:57,280
regular scheduled meeting of August 5th,
2026.

575
00:45:55,839 --> 00:46:01,040
» I'd like to make that motion.
>> Second,

576
00:46:00,079 --> 00:46:02,720
» Mr. Schaefer.
>> Yes. Yes. Mrs. Jones,

577
00:46:02,319 --> 00:46:04,400
» yes.
>> Mr. Powell,

578
00:46:03,920 --> 00:46:05,680
» yes.
>> Mr. Cliy,

579
00:46:05,280 --> 00:46:06,720
» yes.
>> Mr. Wolf,

580
00:46:06,400 --> 00:46:09,119
» yes.
>> Mr. Fox,

581
00:46:07,760 --> 00:46:14,160
» yes.
>> All right. The next thing on the item is

582
00:46:11,200 --> 00:46:20,079
the approved financials of July 2026,
but those came out this morning. So, I'm

583
00:46:15,760 --> 00:46:24,640
going to ask for time. Anybody have any?
>> Okay, moving on. Uh, time for public

584
00:46:22,640 --> 00:46:31,079
comment. Uh, please address your
comments to council and stand and state

585
00:46:27,599 --> 00:46:31,079
your name and address.

586
00:46:31,280 --> 00:46:40,800
My name is Jerry Rob, husband 10 Rob,
and we live at 6211 Cornell Drive. A few

587
00:46:38,880 --> 00:46:44,720
of you know why I'm here. My husband
would have been here. He's under the

588
00:46:41,920 --> 00:46:51,359
weather. Um, we have an issue in our
backyard that is deteriorating our

589
00:46:47,680 --> 00:46:56,160
property. And I have pictures of
when the trees for the park and before

590
00:46:54,319 --> 00:47:02,000
the pickle ball courts went in. And I'm
not opposed to the park. I play pickle

591
00:46:58,560 --> 00:47:06,640
ball all the time, so I love the sports
up there. I need help. I've been to a

592
00:47:04,880 --> 00:47:12,560
few other meetings. I have just been
advised, this is the meeting I need to

593
00:47:08,560 --> 00:47:19,520
be at. Um, I would like to show you the
pictures of before the trees came down

594
00:47:16,400 --> 00:47:23,440
and a picture of just a few days ago.
I'm waiting for someone on a raft to

595
00:47:21,359 --> 00:47:30,240
come down through my yard because the
ditch is now this deep. I could step

596
00:47:26,480 --> 00:47:35,359
over it before the trees. I can't
anymore. I have to climb down in it and

597
00:47:33,200 --> 00:47:40,400
come up the other side. And it's not
like it goes down just between two

598
00:47:37,520 --> 00:47:46,160
properties. It comes between our yard
and the neighbor's yard. And it goes at

599
00:47:42,640 --> 00:47:50,880
an angle across our property. It is
deteriorating the value of our property.

600
00:47:48,720 --> 00:47:55,040
It's dangerous. Somebody's going to get
hurt. The kids from the park come down

601
00:47:53,359 --> 00:47:59,440
through there. They jump it with their
bicycles. The edges of it is it's

602
00:47:57,760 --> 00:48:05,760
deteriorating.
Um, it's time to do something. We are

603
00:48:02,960 --> 00:48:12,000
trying to be very patient. I know you
are just recently new into this, but we

604
00:48:09,920 --> 00:48:15,920
have been asking for years for help. We
have been told it's a wet plane. I have

605
00:48:14,400 --> 00:48:19,599
contacted
uh the Wilmington district in West

606
00:48:17,920 --> 00:48:25,680
Virginia and I have names of people I
have spoken to. It is not wetlands. We

607
00:48:22,720 --> 00:48:30,960
got a letter and we were told previously
we can't fix it. It's our property and

608
00:48:28,240 --> 00:48:35,520
they're telling us we can't fix it at
that point. We were going to fix it on

609
00:48:32,480 --> 00:48:43,040
our dime. That ship has sailed. Our dime
is no longer available. I am asking you

610
00:48:38,480 --> 00:48:47,599
guys to fix it. You guys, the park has
created this. We have two pipes. Now, if

611
00:48:45,680 --> 00:48:52,640
I go up that ditch and there's not two
black culvert pipes,

612
00:48:50,000 --> 00:48:58,240
then it's natural. But I go up the ditch
and where the ditch ends, there's two

613
00:48:54,400 --> 00:49:02,720
15-in pipes dumping water in our yard
from where the runoff comes from the

614
00:49:00,640 --> 00:49:08,319
park. Now, now you're talking about
putting a walking trail in that's going

615
00:49:04,400 --> 00:49:12,160
to create more runoff into those same uh
detention ponds. They're not retention

616
00:49:10,160 --> 00:49:17,440
ponds. If they were retention ponds,
that water wouldn't have come through so

617
00:49:14,079 --> 00:49:21,359
fast. Before I leave, I would love for
you guys to look at the video I have of

618
00:49:19,359 --> 00:49:25,359
the other day. neighbor's yard is
completely underwater and we've got

619
00:49:23,680 --> 00:49:31,359
white water rapids coming down through
our yard through this ditch. Um, I have

620
00:49:29,119 --> 00:49:35,680
done some research. I have one more
thing to look at and I just haven't

621
00:49:32,880 --> 00:49:40,720
gotten to it yet and then I will be 100%
sure there was not an easement taken out

622
00:49:38,960 --> 00:49:45,440
for these two pipes to be run into my
backyard and there was not written

623
00:49:43,440 --> 00:49:50,319
consent or permission from the property
owner. So, if those if this last thing

624
00:49:48,240 --> 00:49:55,200
that I look into
is what I think it is, what has been

625
00:49:52,800 --> 00:50:01,440
done is illegal up there. And I think
it's time to change what has been done

626
00:49:58,000 --> 00:50:04,640
to our property. Um, again, it's it's
deteriorating. Even if you pipe it in,

627
00:50:03,119 --> 00:50:09,599
our value of our property goes down
because that land where that pipe goes

628
00:50:06,480 --> 00:50:13,440
through is nonusable for anything. Can't
put a garden in, can't build on it, you

629
00:50:11,280 --> 00:50:19,280
can't do anything. It's just grass that
we mow. Right now, it's nonusable

630
00:50:16,480 --> 00:50:23,800
because it's a deep and wide ditch that
water goes through. Um,

631
00:50:23,839 --> 00:50:31,520
got a bunch of things here.
See if I can remember. I would like to

632
00:50:29,040 --> 00:50:37,359
see if there was an easement
if you guys have it for the storm water

633
00:50:33,359 --> 00:50:43,839
drainage. I don't think you do.
I would like to see if the EPA approved

634
00:50:41,440 --> 00:50:50,079
those pipes to be put there.
Um, and I would like to see what the

635
00:50:46,240 --> 00:50:56,240
Summit County engineer has on that. And
if I need to set up a time to come in to

636
00:50:52,640 --> 00:50:58,480
speak to you, Mr. Richtor, I will.
>> I mean,

637
00:50:56,720 --> 00:51:05,119
» let me see if I can get those answers.
>> I'm willing to work. We're being as very

638
00:51:03,119 --> 00:51:10,319
» as we can.
But at some point when somebody gets

639
00:51:07,119 --> 00:51:15,920
hurt, guess who's getting sued? Because
it's our property. And you guys are

640
00:51:13,040 --> 00:51:22,800
telling me I can't make it right.
I got a letter here from the previous

641
00:51:18,640 --> 00:51:31,240
mayor saying I cannot make it right
and that they will not help us. So, it's

642
00:51:26,079 --> 00:51:31,240
like I said, it's time, you know, and

643
00:51:32,960 --> 00:51:42,559
there is drainage infrastructure put in
there because I looked into it and you

644
00:51:37,599 --> 00:51:47,520
guys put um rip wrap and and undercuts
in there. That's all drainage

645
00:51:44,319 --> 00:51:52,800
infrastructure in the park. But you put
no drainage infrastructure on my

646
00:51:49,359 --> 00:51:57,520
property where you're running the water,
you know, and you put a lot of money

647
00:51:55,119 --> 00:52:02,559
into that those courts.
And you know, you got to come up with

648
00:52:00,640 --> 00:52:07,359
some money to fix what the courts have
created. And again, I am not opposed to

649
00:52:04,960 --> 00:52:14,000
the walking trail. I am not opposed to
the courts. I love having the park

650
00:52:09,680 --> 00:52:16,720
behind our house. I just don't like what
has been created.

651
00:52:16,079 --> 00:52:18,640
So,
>> what is your address again? Your house

652
00:52:18,160 --> 00:52:24,079
number
>> 6211 Pernell Drive.

653
00:52:21,520 --> 00:52:26,160
» Our backyard basically ends into the
courts,

654
00:52:24,640 --> 00:52:30,960
» right?
>> And I know you guys have been out there

655
00:52:27,599 --> 00:52:34,880
walking uh for the walking trail, you
know, observing and trying to take into

656
00:52:32,960 --> 00:52:38,720
account. Let me tell you one other thing
that's going on because of these pipes

657
00:52:36,720 --> 00:52:44,079
that are draining through our yard.
There's a gas line that goes between our

658
00:52:42,000 --> 00:52:50,559
house and our neighbor's house. It's
supposed to be 3 ft underground, under

659
00:52:46,640 --> 00:52:54,960
surface. It's about this, this much. I
could find it. I could take my hand and

660
00:52:52,480 --> 00:53:00,400
dig it up for you guys. And this has
created that. That's a danger. And

661
00:52:56,960 --> 00:53:06,960
that's against the law because law says
those high pressure gas lines have to be

662
00:53:02,720 --> 00:53:13,520
3 ft under surface surface dirt.
So now we're talking a different story

663
00:53:10,400 --> 00:53:15,440
here. not just
deteriorating our property.

664
00:53:14,880 --> 00:53:21,520
» Sure.
>> It's it's it's a huge hazard right now.

665
00:53:18,800 --> 00:53:26,160
» Mayor, is there a way we could get maybe
Mr. Mobile in get a few of us to go out

666
00:53:23,359 --> 00:53:29,599
there, Mr. Just kind of walk and look at
the area?

667
00:53:27,040 --> 00:53:34,720
» So, I've I've talked to Mr. Noble about
it. I'll let Mr. Now, obviously, Mr. and

668
00:53:32,960 --> 00:53:38,319
I weren't here when that was put in, and
I don't know if that was done properly

669
00:53:36,640 --> 00:53:42,480
or with the easements or it was just
ran. So, we're I'm going to

670
00:53:40,960 --> 00:53:47,440
out there. I've done some pretty deep
digging and like I said, there's only

671
00:53:44,400 --> 00:53:50,880
one other place for me to look and I
think if it was there, it would have

672
00:53:48,880 --> 00:53:54,000
already popped up on what I've looked
into

673
00:53:51,599 --> 00:53:56,640
» and Mr. Kley and I have been out there.
We've set eyes on it when that's worse

674
00:53:56,240 --> 00:54:01,440
now.
>> Yeah, I think with all these rains we've

675
00:53:58,400 --> 00:54:07,200
had been it's been even worse and
>> I have an elderly neighbor and he has a

676
00:54:05,040 --> 00:54:11,520
young kid across the street mow for him
because he can't do it anymore.

677
00:54:09,520 --> 00:54:16,960
that kid's going to end up in that ditch
on the with the mower on top of

678
00:54:14,800 --> 00:54:22,000
so and I try and keep him away from it.
I try and mow it myself, but how long am

679
00:54:19,359 --> 00:54:26,559
I going to be able to do it?
>> Yeah, if we could get something I'd be

680
00:54:24,000 --> 00:54:30,160
more than happy to to attend as well.
>> Kevin's

681
00:54:28,160 --> 00:54:34,400
came up with some suggestions. He's just
working through the logistics of it. We

682
00:54:31,839 --> 00:54:39,119
would have to engineer it and um and
figure that out. And when it comes to

683
00:54:36,640 --> 00:54:42,800
the all the other things was it properly
signed off on where you know what I mean

684
00:54:41,040 --> 00:54:46,960
going through the EPA
>> when you could well director pitcher not

685
00:54:45,280 --> 00:54:50,079
having quite the agenda tomorrow he's
coming down but maybe we'll start

686
00:54:48,319 --> 00:54:54,480
looking into that tomorrow from the
legal side of things

687
00:54:51,440 --> 00:54:58,000
» and again I I I don't
want to feel I don't want to be that

688
00:54:56,160 --> 00:55:00,240
person but I just feel like the can
keeps getting kicked down the road. It's

689
00:54:59,599 --> 00:55:06,240
been years.
>> No, I put eyes on.

690
00:55:02,720 --> 00:55:11,040
» Well, I know. And you're new to this
whole thing, but again, we've been

691
00:55:08,880 --> 00:55:14,319
trying to get help for a lot of years
and

692
00:55:12,640 --> 00:55:21,920
it's just getting worse.
>> Um, but yeah, I I Kevin more than happy,

693
00:55:19,359 --> 00:55:25,640
see it, and see if this was properly
done in the first place.

694
00:55:26,960 --> 00:55:33,520
mayor.
It has deteriorated.

695
00:55:31,599 --> 00:55:40,880
» She's been to she's been at several
parks meetings. She I've talked to him

696
00:55:36,800 --> 00:55:45,440
before. We spoke about this. Um
I remember in the past that there was a

697
00:55:43,040 --> 00:55:51,839
squabble amongst the city and the school
about whose fault this was

698
00:55:48,799 --> 00:55:54,799
and that was between the school
and the city.

699
00:55:54,880 --> 00:55:59,640
probably asked for that letter you
received.

700
00:55:59,680 --> 00:56:05,640
» Okay, thank you.
>> I can make a copy of that, too.

701
00:56:06,720 --> 00:56:12,400
» I'm unaware of any letter that the
previous mayor sent to you.

702
00:56:09,440 --> 00:56:17,520
» Well, he was supposed to sign it. That's
why I just asked,

703
00:56:13,680 --> 00:56:23,440
» but it came to I was told twice that it
was on the mayor's desk waiting for a

704
00:56:19,040 --> 00:56:26,480
signature and it appears um in my mail
or however it came. I think I had me had

705
00:56:25,839 --> 00:56:30,720
to sign for it.
>> Certified as well.

706
00:56:27,440 --> 00:56:34,640
» Yeah. And he never signed it
>> partially due to because he was good

707
00:56:32,480 --> 00:56:40,000
friends with my husband and I don't
think he wanted in that swallow.

708
00:56:38,079 --> 00:56:45,280
He wanted to distance himself because
there was limited time that he was in

709
00:56:42,160 --> 00:56:49,119
that seat. That's my personal opinion.
>> What's the date of that left?

710
00:56:46,960 --> 00:56:54,480
» Looks like it's the basically the
postage stamp is ironically August 19th

711
00:56:53,119 --> 00:56:58,880
uh 2022.
>> We are four years ago. Exactly.

712
00:56:57,040 --> 00:57:04,559
» So the drainage is tapped straight into
the creek that runs next to your house.

713
00:57:01,040 --> 00:57:10,160
» Yeah. Yeah. If you if you get in the
ditch and you walk, all of a sudden it

714
00:57:07,520 --> 00:57:14,000
ends. So, it's not natural. There's a
pipe coming this way and a pipe coming

715
00:57:12,160 --> 00:57:19,200
this way.
>> There's also

716
00:57:16,000 --> 00:57:24,720
a resident on Manchester Road that feels
some of the water problems when we got

717
00:57:22,160 --> 00:57:28,720
the rain. Probably starts there and
makes it all the way down to Manchester

718
00:57:26,240 --> 00:57:36,680
Road. He comes over to my shop quite a
bit too and talks about it. He's been

719
00:57:31,520 --> 00:57:36,680
told that he's been talking to it since

720
00:57:38,160 --> 00:57:41,480
» last time.

721
00:57:45,839 --> 00:57:52,520
» So, no, no, that goes under the
rail. It comes up this way.

722
00:57:55,680 --> 00:57:58,680
» Yes.

723
00:57:59,440 --> 00:58:06,400
I would like before before I leave
though I would like to show you a couple

724
00:58:03,920 --> 00:58:09,720
pictures
to us now.

725
00:58:10,480 --> 00:58:13,480
» Okay.

726
00:58:14,400 --> 00:58:20,040
» Okay. I'll just do it from my phone. Um

727
00:58:21,839 --> 00:58:27,200
» yeah,
>> this is what it looks like now. And if

728
00:58:25,040 --> 00:58:32,640
you look, that's the drain pipe that
goes under the road right there. It

729
00:58:29,760 --> 00:58:36,880
should be 30 in or plus. It's about this
big now.

730
00:58:35,359 --> 00:58:41,760
» That's between the two properties.
>> I've been listening to you. I

731
00:58:38,640 --> 00:58:45,799
surprisingly I was I was
>> That's a current one.

732
00:58:42,799 --> 00:58:45,799
» Yeah,

733
00:58:46,079 --> 00:58:52,799
» that's why I've been hesitant to talk
much about the trail. Can we resolve

734
00:58:49,920 --> 00:58:57,040
this issue going forward? I would like
to show you one picture and it hasn't

735
00:58:55,599 --> 00:59:03,599
turned and gone in between our
properties yet. Let me see if I can that

736
00:59:00,880 --> 00:59:05,440
is through my backyard.
>> Then there was no water like that

737
00:59:04,799 --> 00:59:09,480
previously.
>> I'll show you what was there previously.

738
00:59:11,119 --> 00:59:14,680
Trying to hurry.

739
00:59:20,880 --> 00:59:29,680
That was previous that one and that one.
>> Okay.

740
00:59:27,839 --> 00:59:32,720
» Yeah.
This was previous.

741
00:59:31,359 --> 00:59:34,000
» So that's when this is
>> still there.

742
00:59:33,280 --> 00:59:36,720
» Yeah.
>> Okay. Previous.

743
00:59:35,440 --> 00:59:39,599
» That's when you first start noticing the
problem.

744
00:59:37,920 --> 00:59:43,599
» The problem was there before, but it
Yeah.

745
00:59:40,480 --> 00:59:50,400
» Yeah. And let me get
>> So there was a problem at that time.

746
00:59:46,400 --> 00:59:50,400
» And that's when we tried to get help.

747
00:59:50,880 --> 00:59:56,359
Um,
here's what we have now.

748
00:59:56,400 --> 01:00:00,880
» That's between the two properties. I see
that.

749
00:59:59,920 --> 01:00:03,880
» Yeah, I saw that.
>> Okay.

750
01:00:05,760 --> 01:00:14,640
» Yeah. I can contact former mayor
Anderson. You haven't even seen what

751
01:00:11,200 --> 01:00:20,760
it's doing to my neighbor
from that water running down the park to

752
01:00:17,520 --> 01:00:20,760
his property.

753
01:00:27,359 --> 01:00:32,839
» That was the one thing I was going to do
today.

754
01:00:33,680 --> 01:00:37,240
» Look at the neighbor.

755
01:00:39,599 --> 01:00:44,960
for the
process,

756
01:00:42,400 --> 01:00:51,680
» right?
But like I said, that was the one

757
01:00:48,640 --> 01:00:57,680
really easy on the site.
>> It wasn't there then. It won't be on.

758
01:00:54,480 --> 01:01:02,079
» It wasn't there.
>> Yeah, I exhausted everything I could do

759
01:01:00,079 --> 01:01:09,880
on the
>> It would be it separate document.

760
01:01:06,319 --> 01:01:09,880
It would file.

761
01:01:10,240 --> 01:01:16,240
» It would be in your title search when
she purchased the property.

762
01:01:16,160 --> 01:01:19,359
Do
>> you have Do you have your owner's

763
01:01:17,680 --> 01:01:22,720
policy?
>> Probably.

764
01:01:20,720 --> 01:01:25,280
» Look on your owner's policy. There
should be an easement. It will reference

765
01:01:24,799 --> 01:01:28,319
the
>> There should be something with uh filed

766
01:01:27,119 --> 01:01:31,359
with Summit County also.
>> Correct. Correct. But it will not be

767
01:01:29,839 --> 01:01:37,599
under warranty.
>> Okay. We didn't get a warranty. It was

768
01:01:34,480 --> 01:01:39,200
excess the house. Is that a limited
warranty?

769
01:01:38,319 --> 01:01:42,319
» I don't know.
>> It was too long ago.

770
01:01:40,160 --> 01:01:47,599
» Did you get title insurance?
>> It was too long ago. I don't remember.

771
01:01:45,599 --> 01:01:50,480
» That title search.
>> You had a title service. It would show

772
01:01:49,440 --> 01:01:53,440
an easy.
>> Okay.

773
01:01:51,680 --> 01:01:56,880
» But if it was purchased as is a lot of
times they don't

774
01:01:54,319 --> 01:02:01,440
» obtain title insurance. So it would be
you would not have an owner's policy.

775
01:01:59,200 --> 01:02:04,440
I'd have to look when I get home at the
>> county.

776
01:02:05,920 --> 01:02:13,280
That was the one thing I haven't done is
physically go down to Summit County on

777
01:02:11,520 --> 01:02:19,599
downtown.
That was hopefully tomorrow.

778
01:02:15,280 --> 01:02:27,280
» Okay. Any other public comment?
>> Seeing none, uh we'll uh go to

779
01:02:24,720 --> 01:02:30,319
resolution 26R-43.
Mr. Pow.

780
01:02:30,960 --> 01:02:38,480
I'm sorry.
>> A resolution approving a change order to

781
01:02:34,799 --> 01:02:42,319
the city of New Franklin 2026 KB project
and declaring an emergency.

782
01:02:40,880 --> 01:02:47,040
» Thank you. This resolution was assigned
to the streets and drainage committee.

783
01:02:44,319 --> 01:02:50,799
Uh as we discussed in our workshop or
committee meetings earlier, uh this is a

784
01:02:49,200 --> 01:02:57,440
change order to a previously big
contract that uh due to some changes in

785
01:02:54,960 --> 01:03:03,359
uh the roads we're going to pave, uh
they re We recalculated the quantities.

786
01:02:59,920 --> 01:03:07,480
Uh the change order amounts to
difference of 15,93960.

787
01:03:08,640 --> 01:03:14,319
Uh if any anybody have any problems
waving the three? Do I have a motion to

788
01:03:12,640 --> 01:03:20,400
wave the three?
>> Second. Have a first and a second.

789
01:03:19,280 --> 01:03:21,760
» Mr. P.
>> Yes.

790
01:03:20,880 --> 01:03:22,880
» Mr. Py.
>> Yes.

791
01:03:22,160 --> 01:03:24,319
» Mr. Wolf.
>> Yes.

792
01:03:23,440 --> 01:03:26,559
» Mr. Cox.
>> Yes.

793
01:03:24,720 --> 01:03:31,039
» Mr. Schaefer. Yes.
Yeah.

794
01:03:28,160 --> 01:03:33,680
» Do I have a motion to accept resolution
26R43?

795
01:03:32,480 --> 01:03:37,520
» I'll make a motion.
>> Second and second.

796
01:03:36,480 --> 01:03:38,880
» Mr. Pow.
>> Yes.

797
01:03:37,920 --> 01:03:40,240
» Mr. Pie.
>> Yes.

798
01:03:39,200 --> 01:03:42,559
» Mr. Wolf.
>> Yes.

799
01:03:40,640 --> 01:03:45,520
» Mr. Almond.
>> I'm sorry. Mr.

800
01:03:45,039 --> 01:03:46,720
» Yes.
>> Mr. Schaefer.

801
01:03:46,480 --> 01:03:49,599
» Yes.
>> Mrs. Jones.

802
01:03:47,599 --> 01:03:54,960
» Yes.
>> Resolution 26R-43

803
01:03:51,920 --> 01:03:59,960
passes 6 to Z.
Uh, moving on to ordinance number 26-03.

804
01:04:00,640 --> 01:04:06,000
Okay.
>> An ordinance amending the new Franklin

805
01:04:03,520 --> 01:04:10,000
consolidated land use code and zoning
act.

806
01:04:07,440 --> 01:04:13,599
» Uh, this was brought before the laws and
ordinance committee. We'd like to ask

807
01:04:11,119 --> 01:04:16,960
one more time as requested. Time is
granted.

808
01:04:15,280 --> 01:04:22,559
Uh, we have no more readings tonight.
We'll move on to the mayor's report.

809
01:04:19,520 --> 01:04:27,760
» Thank you, Mr. Schaefer. Uh the Round 93
sewer project is winding down and

810
01:04:24,319 --> 01:04:31,760
heading towards completion finally. Uh I
am happy to report that the easement

811
01:04:29,440 --> 01:04:36,640
insitue that I touched on last meeting
uh tying the new lines to the county

812
01:04:33,839 --> 01:04:42,319
sewer is very close to being wrapped up.
Um, I thank the county, our service

813
01:04:39,119 --> 01:04:46,960
department, uh, law director Pinchford
and everybody else who, including the

814
01:04:44,720 --> 01:04:53,599
property owners, we've been stressing
the the, um, the urgency of the matter.

815
01:04:51,599 --> 01:04:57,359
Uh, and in doing that, we're still
optimistic that the underground work can

816
01:04:55,280 --> 01:05:03,039
still be completed in time for Northstar
to include that small section of Route

817
01:05:00,000 --> 01:05:06,720
93 in the resurfacing project. Worst
case, we would have had to go back and

818
01:05:04,559 --> 01:05:11,039
and hit that spot later after it was
completed. We're really trying to rush

819
01:05:08,880 --> 01:05:16,640
that thing through to to capture it all.
So, I'll keep you posted on that. Um, I

820
01:05:15,039 --> 01:05:20,559
want to extend a special thank you to
Highway Distributing the Old Manchester

821
01:05:18,960 --> 01:05:25,680
Tool there for helping out with the
parking situation while the work in the

822
01:05:23,280 --> 01:05:30,160
Eastman is being done. Uh just a great
example, small community neighbor

823
01:05:27,680 --> 01:05:34,480
helping another neighboring business to
help keep everyone open during this uh

824
01:05:32,480 --> 01:05:38,640
short-term inconvenience.
Uh we have a pre-construction meeting

825
01:05:36,400 --> 01:05:44,079
for the repaving of Route 93 next
Thursday, I believe, to hopefully get

826
01:05:40,960 --> 01:05:49,839
that roadway fixed and less less less
jittery as soon as possible. Uh, I

827
01:05:46,960 --> 01:05:53,680
wanted to thank Enbridge Gas Ohio for
letting us know New Franklin was

828
01:05:51,920 --> 01:05:58,400
nominated to receive a grant amount of
$10,000 to our fire department. Enbridge

829
01:05:56,880 --> 01:06:02,880
shared with us that they are focused on
supporting municipalities that help

830
01:06:00,160 --> 01:06:07,599
build safe, vibrant, and sustainable
communities across their service areas.

831
01:06:05,359 --> 01:06:11,920
And our fire department was nominated by
their local committee to receive the

832
01:06:09,280 --> 01:06:16,559
grant. Chief Leslie is handling the
submission process and shared with me

833
01:06:14,640 --> 01:06:20,480
have a significant need for a utility
terrain vehicle to better serve the

834
01:06:18,240 --> 01:06:25,200
public. This will enable us to purchase
this valuable piece of equipment which

835
01:06:22,799 --> 01:06:28,240
will enhance our ability to respond more
effectively to the needs of our

836
01:06:26,720 --> 01:06:34,079
community.
Lumos chemo that's been a popular

837
01:06:31,119 --> 01:06:37,920
subject last few months. They've gotten
back to working in limited areas of our

838
01:06:36,079 --> 01:06:41,520
community with fewer problems that we
than we have had at the beginning due to

839
01:06:39,440 --> 01:06:47,760
better communication and working in the
permitted area. Um we have continued to

840
01:06:45,200 --> 01:06:51,280
uh share and communicate with our
residents as their work progresses in

841
01:06:49,359 --> 01:06:55,599
the different areas they they've gone
to. Like at my house they they put out

842
01:06:53,200 --> 01:07:00,480
the yard darts and things multiple times
actually letting us know they were going

843
01:06:58,400 --> 01:07:04,960
to be there working.
Uh we were informed that the water nine

844
01:07:02,640 --> 01:07:08,400
development plans to break ground
sometime next month. Uh they are

845
01:07:07,119 --> 01:07:13,200
planning on announcing that
groundbreaking date. I will continue to

846
01:07:10,640 --> 01:07:17,920
keep you informed as the plans dates and
info are related to us at city hall

847
01:07:15,520 --> 01:07:23,200
here. Lastly, just want to thank all of
you who were able to attend our annual

848
01:07:20,240 --> 01:07:27,039
lakeside barbecue on August 6th. We had
a larger turnout than in the last couple

849
01:07:25,200 --> 01:07:31,359
years and to appreciate every attendee
and sponsor who took the time to attend

850
01:07:29,599 --> 01:07:35,839
and contribute to one of our biggest
fundraising events. Thankfully the rain

851
01:07:33,920 --> 01:07:40,240
cut off. We were able to kick back and
have some fun on a beautiful evening at

852
01:07:37,520 --> 01:07:44,160
the new conservatory with the lake in
the background. I just want to thank Tim

853
01:07:42,480 --> 01:07:49,440
Kenner and his team at the tutor house.
Katie Smith, Chris Liincott, Karen Hood

854
01:07:47,359 --> 01:07:54,880
Morel. Did I say that right? I get all
the names. Okay. uh from our office for

855
01:07:52,799 --> 01:07:59,920
working in it, setting it up, breaking
it down, and also Teddy Ross will

856
01:07:57,119 --> 01:08:06,720
provide the entertainment.
>> Uh the last name,

857
01:08:03,440 --> 01:08:10,000
» didn't know you're going to be uh uh we
have one more he and his lovely

858
01:08:08,400 --> 01:08:12,400
girlfriend to help me pull that pull the
numbers on the raffle tickets. So,

859
01:08:11,520 --> 01:08:17,520
» are you
>> um we have one more music night on

860
01:08:14,799 --> 01:08:23,279
September 1st and then our side coach
fest on October 11th.

861
01:08:20,239 --> 01:08:27,120
That's all I have. Uh, I see there's
farmers market products up there.

862
01:08:24,960 --> 01:08:33,199
» I did I bought some of the farmer market
products now. I did buy them last week,

863
01:08:30,400 --> 01:08:36,319
but I the produce and earrings. I bought
my earrings at the farmer.

864
01:08:34,719 --> 01:08:38,560
» See, the crowds have been pretty good
over there.

865
01:08:36,799 --> 01:08:42,480
» They have they really have been very
good. And the produce is delicious.

866
01:08:40,239 --> 01:08:47,359
Terry and I will tell you, I think we
both are filled with cantaloupe. Am I

867
01:08:44,400 --> 01:08:51,040
right? The cantaloupe was fabulous. And
Rob lets us know how he likes the

868
01:08:49,759 --> 01:08:55,279
watermelon. Right, Rob?
>> Yes.

869
01:08:51,920 --> 01:08:59,880
» That has his name on it.
>> You can't see it. It's pretty tiny down

870
01:08:56,880 --> 01:08:59,880
here.

871
01:09:00,799 --> 01:09:06,640
» That's all.
>> All right. Thank you. Um I guess uh no

872
01:09:05,040 --> 01:09:11,359
finance report tonight. Our finance
director is off. Um we'll move to new

873
01:09:09,520 --> 01:09:16,880
business. All right. Excuse me. We'll
move to old business.

874
01:09:13,839 --> 01:09:22,319
Any old business? Um, speaking of the
gas lines being replaced, uh, we passed

875
01:09:19,440 --> 01:09:26,159
a resolution ordinance or something last
year, I think, about removing the old

876
01:09:24,480 --> 01:09:30,319
pipes. When they put new pipes in, they
have to remove the old ones. Uh, can we

877
01:09:28,560 --> 01:09:36,960
make sure that Embridge is aware of that
and we'll be so full transparency, we

878
01:09:34,560 --> 01:09:43,279
led with that to Embridge during the
project. Now,

879
01:09:40,159 --> 01:09:48,640
they didn't say it just they didn't say
okay like we would like. So, in fact, I

880
01:09:45,759 --> 01:09:55,760
just included Marshall and set from his
office to how do we ensure that happens?

881
01:09:52,400 --> 01:10:00,560
Because soon after the Twinsburg home
explosion,

882
01:09:58,400 --> 01:10:05,199
we made the news late that week for a
gas strike out here on Manchester Road.

883
01:10:02,880 --> 01:10:09,600
And the issue there was the line was
marked, but it was the old line that had

884
01:10:07,440 --> 01:10:15,520
been abandoned and the new line was
unmarked. So, we're trying to use that

885
01:10:12,480 --> 01:10:20,719
example to express why it's so important
to remove that old infrastructure to

886
01:10:17,840 --> 01:10:27,360
avoid potentially somebody getting hurt
or killed. So, uh we we're working to

887
01:10:24,239 --> 01:10:32,239
stress that. I know sometimes utilities
feel

888
01:10:29,199 --> 01:10:36,800
they are uh above I don't want to say
incorrectly, but uh

889
01:10:35,199 --> 01:10:40,719
we're just going to continue to keep
stressing how important it is to do with

890
01:10:38,480 --> 01:10:45,800
that infrastructure.
Sorry to I should have shut up a little

891
01:10:42,800 --> 01:10:45,800
bit.

892
01:10:46,480 --> 01:10:54,800
I apologize but uh but yeah it is
important to have it done.

893
01:10:51,440 --> 01:10:57,960
» Any other business
in business?

894
01:10:58,159 --> 01:11:09,120
Okay. So let's talk data centers. Not
just kind of in a way um

895
01:11:05,600 --> 01:11:14,800
we um typically and um all of our
resolutions and ordinance come out as u

896
01:11:12,239 --> 01:11:20,560
as an emergency and we've had citizens
ask about it all the time. Why is

897
01:11:16,719 --> 01:11:25,600
everything have to be an emergency? Um
there was a situation in uh Pickway

898
01:11:22,880 --> 01:11:29,760
County I believe uh where data centers
are are going to be put in and they

899
01:11:27,760 --> 01:11:35,280
struck a deal with one of the townships
there with the officials and uh they

900
01:11:32,239 --> 01:11:40,719
kind of rushed through the u the process
there and um passed an ordinance and

901
01:11:37,679 --> 01:11:48,159
then called it a an emergency, you know.
Um and um uh some citizens said we don't

902
01:11:45,199 --> 01:11:53,920
like that and they uh put together a
petition a referendum about it. Uh the

903
01:11:51,920 --> 01:11:59,360
fiscal officer who I guess in their
community is responsible for it denied

904
01:11:56,080 --> 01:12:04,880
the petition to go on to the ballot uh
because it was passed as an emergency.

905
01:12:02,080 --> 01:12:11,760
Um they took it to the Supreme Court.
Supreme Court said what emergency? And

906
01:12:08,239 --> 01:12:17,199
really that that means nothing. Um but
there is a question of whether it's an

907
01:12:13,840 --> 01:12:21,920
administrative thing which would not be
uh would not be used for uh a

908
01:12:20,159 --> 01:12:28,800
referendum. You couldn't do a referendum
on an administrative thing. Um and so

909
01:12:26,080 --> 01:12:33,199
the Supreme Court told them uh that they
had to accept a petition, send them on

910
01:12:30,880 --> 01:12:37,040
to the board of elections for that
county, and then that county had to

911
01:12:35,280 --> 01:12:43,840
decide whether it's administrative
procedure or not. Um the reason I'm

912
01:12:39,920 --> 01:12:52,320
bringing this up again, we use it
on every every ordinance resolution and

913
01:12:48,000 --> 01:12:56,719
um u we use it out of habit. We use it a
matter of convenience. uh you know there

914
01:12:54,719 --> 01:13:00,640
are times where it's needed you know
basic stuff like when we're uh

915
01:12:58,400 --> 01:13:04,080
transferring money from the general fund
to the police fund it it just makes

916
01:13:02,239 --> 01:13:10,080
sense to make it you know all right we
don't want to you know no need to wait

917
01:13:05,920 --> 01:13:17,679
uh and again for everybody the uh the
emergency declaration only affects when

918
01:13:13,760 --> 01:13:22,000
it goes into effect uh so if it's um an
emergency there's an emergency on it and

919
01:13:20,000 --> 01:13:26,480
we pass it with enough votes it goes
into effect as soon is a maritime exit.

920
01:13:24,320 --> 01:13:30,640
Um if we don't have the emergency on
there or we don't have enough votes for

921
01:13:28,239 --> 01:13:36,719
the emergency clause, uh then it goes in
effect to 30 days. Um

922
01:13:33,920 --> 01:13:44,080
I think we should probably start looking
at u limiting how often we call a

923
01:13:40,560 --> 01:13:49,199
resolution or ordinance an emergency. um
instead of just throwing it out of habit

924
01:13:46,239 --> 01:13:54,480
or uh convenience. I think if it needs
to be an emergency um it needs to be

925
01:13:51,920 --> 01:14:00,560
stated whyever
um is the sponsor of that resolution or

926
01:13:57,840 --> 01:14:04,800
ordinance um if they feel it needs to be
an emergency situation uh it needs to be

927
01:14:03,120 --> 01:14:08,159
stated within that and you know here's
here's the reasons why otherwise it

928
01:14:06,800 --> 01:14:13,199
should just be an ordinance and take
effect in 30 days. Again,

929
01:14:11,360 --> 01:14:18,159
many things that we do are just, you
know, we do it all the time and it makes

930
01:14:15,760 --> 01:14:23,280
sense to make it an emergency that it
takes effect right away. Um, but but my

931
01:14:21,679 --> 01:14:27,280
thought is that maybe we should look at
how we're handling that and maybe we

932
01:14:24,960 --> 01:14:33,360
should uh uh be a little more careful
with that. Uh, also with the um, uh,

933
01:14:30,400 --> 01:14:38,800
waving the three readings, again, we we
do that all the time. And I think we're

934
01:14:35,679 --> 01:14:43,600
very good about not doing it when we
when we really shouldn't because we want

935
01:14:41,120 --> 01:14:49,679
to get more input from citizens or poss
give them the opportunity. Um,

936
01:14:46,640 --> 01:14:53,600
and again, we have regular things like
the uh, again like the uh transferring

937
01:14:52,239 --> 01:14:58,080
money from general fund to the police
fund uh that we can wave the three

938
01:14:56,080 --> 01:15:04,560
readings on. But I I think I'd like to
see us to go at least two readings on

939
01:15:01,199 --> 01:15:10,080
most things. Um and uh you know, if it's
not going to affect anything, go to at

940
01:15:06,880 --> 01:15:13,840
least a second reading. Um you know,
some communities I know as have it,

941
01:15:12,159 --> 01:15:17,600
their habit is to go to three readings
on pretty much everything. Take it three

942
01:15:15,920 --> 01:15:21,280
readings, take about pretty much
everything, three readings. I don't know

943
01:15:19,199 --> 01:15:25,360
that we need to do that for everything.
Uh, again, I think we do a good job of

944
01:15:23,199 --> 01:15:31,040
deciding when, you know, we should take
it to three readings like the ordinance

945
01:15:27,360 --> 01:15:36,640
we have on on the agenda today. Um, so I
think I think I'd like to get your your

946
01:15:33,360 --> 01:15:42,080
input, y'all's input if um, what do you
think? Does your does going to at least

947
01:15:39,440 --> 01:15:48,000
two readings for a lot of what we do
make sense? Um, and does removing the

948
01:15:45,520 --> 01:15:52,000
resol the emergency part of most
resolutions make sense? So, ironically

949
01:15:50,480 --> 01:15:56,159
enough, over four years ago, when I got
on council, I had that same discussion.

950
01:15:54,400 --> 01:16:00,560
I didn't have much support on that. I
pushed back on emergency language

951
01:15:58,239 --> 01:16:05,120
numerous times. I got away with getting
a few resolutions passed about it, but I

952
01:16:03,360 --> 01:16:09,360
kept being told that this is for the
better of the community. I disagree with

953
01:16:06,719 --> 01:16:12,159
it. I'm glad to see somebody else's fin
on the same page with that. Well, I

954
01:16:10,800 --> 01:16:18,960
thought four year weight would be long
enough for me to take

955
01:16:16,080 --> 01:16:23,040
» and to touch on your waiting reads,
there's another community that I may be

956
01:16:20,880 --> 01:16:28,239
familiar with. They do a consent agenda
and that's things that you can pass

957
01:16:25,040 --> 01:16:32,239
pretty much on one non-confrontational
operational emergency type stuff. Not

958
01:16:30,560 --> 01:16:35,840
necessarily a call emergency, but things
that you want to don't need to stretch

959
01:16:33,679 --> 01:16:38,719
out for the six week period to get the
two reads on it. And if there's

960
01:16:37,360 --> 01:16:41,360
something on that consent agenda that
you have concern with, you can pull it

961
01:16:40,239 --> 01:16:46,719
and actually run it through the three
reads. So that maybe a compromise to

962
01:16:44,480 --> 01:16:49,920
what you're suggesting or it's something
like this change where we want to get

963
01:16:48,640 --> 01:16:54,960
this done so we get the paving done
before. That's something we leave on the

964
01:16:52,080 --> 01:16:59,199
consent agenda. Something about buying a
vehicle or something down the road, you

965
01:16:57,520 --> 01:17:02,640
know, we can go three rates or whatever
that. So I I'm supportive of of what

966
01:17:01,760 --> 01:17:05,679
you're suggesting.
>> I agree. I think it's a good idea. I

967
01:17:04,560 --> 01:17:12,719
thought it was a good idea when you had
it, too. But I think it's good.

968
01:17:09,440 --> 01:17:15,840
» So would it be like change the council
rules? Is there a charter?

969
01:17:14,239 --> 01:17:20,400
» No, it's just how they put stuff
together. So when you look at these

970
01:17:16,960 --> 01:17:22,480
resolutions again,
you just wouldn't see that on there. And

971
01:17:21,840 --> 01:17:26,800
at that time,
>> so you're removing that all together.

972
01:17:24,800 --> 01:17:30,159
» I was told I was told everybody else
does it. Well, no, not everybody else

973
01:17:28,400 --> 01:17:35,199
does it, but the people we were looking
at did it and that's what everybody

974
01:17:32,880 --> 01:17:38,080
» I'm just concerned that we don't have an
issue today. No,

975
01:17:36,320 --> 01:17:44,080
» but down the road if if there if
something comes up and u the emergency

976
01:17:41,679 --> 01:17:49,679
is part of it and you know we don't have
a leg to stand on because we do it with

977
01:17:46,719 --> 01:17:56,080
everything and I think if if u uh that
our resolutions should not include the

978
01:17:52,080 --> 01:18:00,800
emergency clause unless it needs to um
and u and if it needs to then there

979
01:17:58,080 --> 01:18:04,480
needs to be a reason why it needs to. So
once again, is this what do we do? Shake

980
01:18:02,640 --> 01:18:08,159
hands on it or is there is there written
rules or

981
01:18:06,080 --> 01:18:11,840
» we don't you don't see it on the
resolution anymore and typically if it's

982
01:18:10,239 --> 01:18:16,400
something that's going to change across
the contract expiring if it you know the

983
01:18:14,080 --> 01:18:20,560
finance thing that is automatic do those
those implement immediately. So it's

984
01:18:18,960 --> 01:18:23,840
things that are very timesensitive that
we may not have control over. Those are

985
01:18:22,640 --> 01:18:26,400
the things you can do the emergency
language on and have a valid way to

986
01:18:25,440 --> 01:18:29,440
state.
>> Just doing it just so you don't have to

987
01:18:28,000 --> 01:18:33,760
read it three times and clean up the
agenda is not an emergency.

988
01:18:32,000 --> 01:18:39,040
» And I think if I remember correctly,
correct me if I'm wrong, not too hard.

989
01:18:37,120 --> 01:18:42,400
» But didn't we change a couple after you
suggested it and then it went right

990
01:18:40,960 --> 01:18:47,280
back?
>> Maybe a little bit the same way with

991
01:18:44,560 --> 01:18:50,800
Embridge not marking the old pipes.
>> Sometimes you try to make a change but

992
01:18:49,120 --> 01:18:54,080
it's not strong enough and you really
don't get it. and someone just has to

993
01:18:52,880 --> 01:18:58,159
kind of kick you a little bit and say,
"Hey, this is really important."

994
01:18:56,400 --> 01:19:04,480
» Well, let's let's let's keep it straight
and not not confuse things. When when

995
01:19:00,320 --> 01:19:09,760
it's um uh when the emergency
word is on the resolution, it doesn't

996
01:19:07,280 --> 01:19:15,600
affect uh how many readings it goes to.
It only affects when the res when

997
01:19:12,320 --> 01:19:19,840
resolution goes into effect uh after the
mayor signs it, whether it's immediately

998
01:19:16,960 --> 01:19:24,480
or 30 days. So whether it has the the
emergency thing on it uh doesn't dictate

999
01:19:22,719 --> 01:19:27,679
whether it's it's three readings, one
reading or two readings,

1000
01:19:25,920 --> 01:19:29,760
» right? And then the second part of that
was if we just did like a consent

1001
01:19:29,120 --> 01:19:32,080
agenda,
>> right?

1002
01:19:30,400 --> 01:19:35,040
» That could be just perceived that we're
just going to read it one time if nobody

1003
01:19:33,360 --> 01:19:38,159
has an issue with it. If somebody has a
comment concern, absolutely do three

1004
01:19:37,600 --> 01:19:42,640
reads on it.
>> Yeah.

1005
01:19:40,719 --> 01:19:47,520
» So we're good with this group, right?
Like you don't you don't Jim you don't

1006
01:19:44,400 --> 01:19:53,920
have a problem with us here but it's for
future counsel

1007
01:19:51,120 --> 01:19:59,120
force that future council if you don't
>> ask me to take it off when it comes to

1008
01:19:56,000 --> 01:20:01,920
» okay so why why the council person have
that

1009
01:19:59,920 --> 01:20:06,000
» power to say take that off
>> one one of the examples I can think of

1010
01:20:03,440 --> 01:20:10,159
was it was uh you know Chief Leslie was
wanting some sort of a new alert system

1011
01:20:07,760 --> 01:20:14,159
for the fire department and they they
wanted to do an emergency and wave

1012
01:20:12,159 --> 01:20:16,640
ingredients on it. What's an emergency,
>> right?

1013
01:20:15,440 --> 01:20:19,199
» There really was one because we're
buying the software. They've already got

1014
01:20:17,840 --> 01:20:22,239
the system. It's not like the system
they have isn't going to work,

1015
01:20:20,880 --> 01:20:25,120
» right? They just want to get it down.
They don't want to wait for 30 days,

1016
01:20:23,600 --> 01:20:29,520
» right? Well, and that's and that's it.
If it's going to be an emergency, if

1017
01:20:26,800 --> 01:20:32,400
someone wants to put an emergency
wordage on it, there needs to be an

1018
01:20:31,520 --> 01:20:37,280
explanation also.
>> Okay. So, just not to throw anybody

1019
01:20:34,640 --> 01:20:41,760
under the bus, that particular issue,
who decided to put emergency on that?

1020
01:20:40,000 --> 01:20:44,159
Would it be the mayor? Is it council
person that came through the mayor?

1021
01:20:43,600 --> 01:20:48,640
» Okay.
>> So I mean typically that's what we see.

1022
01:20:46,400 --> 01:20:52,159
We see the resolution sponsored the
mayor's office draft.

1023
01:20:50,159 --> 01:20:55,360
» So when we see that when it comes out on
Friday when she sends it we say we it's

1024
01:20:54,400 --> 01:21:00,640
unacceptable.
>> I think it's just a conversation we have

1025
01:20:58,239 --> 01:21:05,280
to figure out. Well, it's going to be a
conversation and also with um uh whoever

1026
01:21:03,120 --> 01:21:08,640
in administrative office actually types
up the resolution and stuff and

1027
01:21:06,960 --> 01:21:13,760
remembering not to put that on there
unless to do that. Uh what what do you

1028
01:21:12,080 --> 01:21:18,640
two over there think because you're more
involved in it than us, you know,

1029
01:21:15,920 --> 01:21:24,080
yapping back and forth to each other.
>> I have no issue with it whatsoever. I'm

1030
01:21:21,920 --> 01:21:29,760
uh I'm comfortable with that, you know.
I I know that language is always

1031
01:21:26,800 --> 01:21:33,840
offputting a little bit, you know, any
community in whether it's S County

1032
01:21:31,760 --> 01:21:39,920
council meetings, they put it on stuff,
you know. Um but no, whether it's we

1033
01:21:37,679 --> 01:21:44,080
just have to walk for run on that as far
as Kelly or Chris making sure we

1034
01:21:42,480 --> 01:21:48,800
communicate it well and make sure we
have it on there and um

1035
01:21:47,280 --> 01:21:52,560
kind of work through them at first, then
we'll probably get into routine.

1036
01:21:50,560 --> 01:21:54,320
» Yeah.
question.

1037
01:21:53,199 --> 01:21:58,400
» Any any thoughts?
>> No, my only I was aware of that Ohio

1038
01:21:56,880 --> 01:22:01,440
Supreme Court case. It's, you know,
right up my alley and uh you were

1039
01:22:00,239 --> 01:22:07,760
talking about it kind of leaned over
there and told him what it was. Um I I

1040
01:22:04,560 --> 01:22:12,880
uh it's very the problem that you're
raising is very prevalent and it

1041
01:22:09,840 --> 01:22:16,800
happens. I I have this conversation
twice a year, right, with my clients. It

1042
01:22:14,800 --> 01:22:20,320
it comes up all the time. Uh that case
was very interesting. I I've read it

1043
01:22:18,239 --> 01:22:24,960
several times. uh it's in fact it's
impacting legislation that I wrote today

1044
01:22:22,880 --> 01:22:30,320
uh because and we decided not to do an
emergency clause because the the case

1045
01:22:28,400 --> 01:22:34,080
reaffirm the principle that you have to
specifically and the general rule is you

1046
01:22:32,639 --> 01:22:36,960
have to put it in a separate section and
we do that right it's the last section

1047
01:22:35,440 --> 01:22:41,199
typically and you're not allowed to just
stop at the boiler plate typically we

1048
01:22:39,040 --> 01:22:44,639
don't um but sometimes if we're for
example doing a paving project and we

1049
01:22:43,040 --> 01:22:50,480
need to move forward and we we put in
the sentence well due to uh you know

1050
01:22:47,120 --> 01:22:55,920
during good weather Um legally that's
okay. Uh we we would actually win that

1051
01:22:53,120 --> 01:22:59,520
challenge uh if we said due to weather
because it was July, right? We want to

1052
01:22:57,920 --> 01:23:03,760
get it done before the end of the year.
U but it's still a policy question and

1053
01:23:02,000 --> 01:23:09,199
and I don't I don't have a position one
way or the other. Um I would uh I would

1054
01:23:06,960 --> 01:23:14,480
throw a flag if I thought it wasn't an
emergency. Uh and I haven't seen that

1055
01:23:11,040 --> 01:23:18,560
yet here. But uh it is uh it is a very
um it's a very good conversation to have

1056
01:23:17,040 --> 01:23:23,199
and it makes a lot of sense because it
it makes you as the representatives of

1057
01:23:20,880 --> 01:23:26,320
the public you know more transparent and
more more accountable and it gives

1058
01:23:24,639 --> 01:23:30,400
everybody an opportunity except for when
it's you know genuinely uh an emergency

1059
01:23:28,560 --> 01:23:34,880
and frankly that helps me out because
there's not a chance then that we're

1060
01:23:31,920 --> 01:23:41,440
going to be hauled into court for that.
Uh as to the uh the consent agenda uh

1061
01:23:38,480 --> 01:23:44,639
that was suggested that is a uh one way
of handling it. You would say what do we

1062
01:23:43,280 --> 01:23:48,000
have to do? Shake hands. If we're going
to do a consent agenda, we would

1063
01:23:46,320 --> 01:23:51,760
actually want to put that in our rules
and we would put you just say there's a

1064
01:23:50,159 --> 01:23:56,159
consent agenda and it would be for
administrative matters like you recently

1065
01:23:54,639 --> 01:24:00,239
talked about moving money from the
general fund to the fire department or

1066
01:23:57,840 --> 01:24:04,560
or whatever. Um that's what consent
agendas are for. And you essentially

1067
01:24:03,120 --> 01:24:08,560
what happens is you list all of the
legislation that's on the consent agenda

1068
01:24:06,480 --> 01:24:11,520
and then you suspend the rules once,
right? So you you still have to read the

1069
01:24:10,000 --> 01:24:14,639
titles, you still have to suspend the
rules at least once, but you you don't

1070
01:24:13,199 --> 01:24:18,800
have to do it three times. If there's
three, you only have to do it once, but

1071
01:24:16,480 --> 01:24:24,239
there is a most communities, most cities
that I know do do have uh consent

1072
01:24:21,760 --> 01:24:29,280
agendas, but I haven't seen a whole lot
of legislation here. uh right I mean

1073
01:24:26,400 --> 01:24:35,920
these other communities you act right in
know they have long you know uh agendas

1074
01:24:33,840 --> 01:24:41,840
we don't have that so I don't know that
we we need a consent agenda it's a good

1075
01:24:38,719 --> 01:24:48,360
idea if we want to do it then we change
our rules

1076
01:24:44,639 --> 01:24:48,360
» okay cool

1077
01:24:53,360 --> 01:25:01,920
uh any other is
uh well I guess uh I will wish our

1078
01:24:59,679 --> 01:25:07,840
dragon boat team good luck. They are off
to France uh on Sunday.

1079
01:25:05,199 --> 01:25:12,560
Most of them be gone for 10 days and uh
we'll see how they do when they get

1080
01:25:09,199 --> 01:25:15,800
back. So we wish them well and uh travel
safe travels.

1081
01:25:16,960 --> 01:25:24,960
There's no new uh business. We'll move
to public question and answers.

1082
01:25:23,199 --> 01:25:30,800
Mr. Feder like to say something? I see
him sitting down.

1083
01:25:27,520 --> 01:25:34,719
» Just a quiet observer.
>> All right. Uh, seeing none, I'll

1084
01:25:33,120 --> 01:25:41,440
announce our next council meeting is
going to be September 2nd of 2026.

1085
01:25:37,920 --> 01:25:45,199
Um, and then our law director gave me
some good language for this executive

1086
01:25:42,960 --> 01:25:51,520
session. I move to enter into an
executive session pursuant to the

1087
01:25:46,880 --> 01:25:56,800
Franklin Codified Ordinance 30.02F1 02F1
and 5 to consider the appointment of

1088
01:25:54,560 --> 01:26:02,320
employee
of employment of a public employee and

1089
01:26:00,000 --> 01:26:08,000
matters that require to be kept
confidential by law

1090
01:26:05,920 --> 01:26:14,679
and uh we're going to invite the uh all
of council the mayor law director and HR

1091
01:26:16,560 --> 01:26:19,520
» yes if I can have it

1092
01:26:20,080 --> 01:26:25,560
I still have an email.
>> Thank you.

1093
01:26:30,880 --> 01:26:37,040
» We have to do
>> and then

1094
01:26:34,880 --> 01:26:38,239
second
>> Mr. C.

1095
01:26:37,840 --> 01:26:39,360
» Yes.
>> Mr. Schaefer.

1096
01:26:39,040 --> 01:26:41,600
» Yes.
>> Mr. Jones. Yes.

1097
01:26:40,480 --> 01:26:43,679
» Mr. Pow. Yes.
>> Mr. Clusty. Yes.

1098
01:26:42,880 --> 01:26:46,679
» Mr. W.
>> Yes.