It is Wednesday, August 19th, 2026. We're going to start out with our
committee meetings this morning. Uh we'll start out with the our streets and
drainage committee, Mr. T. >> All right. Thank you. This is a
resolution 26R43. This is a change order which is uh
follow on our previous resolution we had for the paving program this year. uh due
to some changes or some some uh late minute uh developments on Enbridge, they
found that there's going to be some work done on some of the original roads we
were going to pay. So, we opted to pave those next year and select some
different roads this year that led to a change order. Uh the original bid is
based on quantities with set prices per quantity. uh those uh new roads were
broken down to develop the quantities and that uh was how we came out with the
change order. So we changed the name of the roads that we're going to pave and
then there's a in addition to some of the quantities the roads we're looking
at paving and correct me if I'm wrong it's John's donnerwood and pepperage is
that and the amount of the change order
uh is $15,93960
questions from anybody comments Mr. CS, are you okay with Mr. Ross? I know there
was some question last meeting with roads and everything.
» Right. I I appreciate the strongman reaching out to Mr. Hercules to uh set
the record straight as far as roads and what he read off is is exactly correct.
Uh so um we had the question with the with the last one um
about um uh section one where it says uh
authorizes and directs the mayor to approve the change order. Um
and the last one we we took out any rents. Uh is that something we want to
leave in this time or take it out again? But I think we move forward now.
» Well, I think I I don't think it changes whether we move forward with it or not.
Just something comes up. It doesn't, you know, he's not locked into it like we
talked about last time. It doesn't it doesn't change whether you can do it or
not. >> I think we only removed it because of
the change. >> Okay.
» Yeah. >> Okay. Just asking.
» I believe so. Wasn't that why we remove that, Marshall? So that way we knew the
change order was coming. We removed that to at least get him started.
» Yeah, that was precisely why I removed it.
» Okay. >> All right. Anybody have any issues
waiting with me? >> With that, I will close the
streets and drainage committee at 603. Uh, moving on to laws and ordinance
committee. Mr. like to open the laws and ordinance committee at 6:03 p.m. Um, we
have ordinance 26003. It is an ordinance amending the new
Franklin considated land use code and zoning map.
So, there's so much here that we have Fred. I don't know. Fred, do you have
anything that or you that you'd like to present or say or
» Not really. I'm here to answer any questions and uh and maybe there's some
questions at the public hearing that maybe I can try to clear up.
» Yeah, there were there was I heard numerous he said he'd get back. Do you
have any those or do we >> do you know do you recall questions?
» Yeah, the question I think that the mayor sent you a sample letter to the
property owners. Um there are prop and right now just on
not going into the computer or looking at the digital uh computer with the
parcels. There's about 56 to 60 properties that have the tools
zone. And and just to to remind you again is that uh what we had is years
ago probably in the u early 2000s the city created CDs conservation districts
and they b they created a conservation district basically for areas that were
wetlands flood planes the heavily wooded areas and so what they ended up doing
was basically drawing it on a map you know so it didn't look at parts
necessarily look at partial lines in the old code didn't look at partial lines in
most cases and so what happened was there were a number of properties not a
lot that the the CD zone went somewhere within the property 50% 20% 70% and so
what we ended up doing was um we ended up uh looking at those properties and
trying to determine you know what was their the appropriate zoning. If it was
mostly CD and everything around it was CD, we made it CD. If it was mostly R1
and everything near it was R1 and it was small, the property was under 5 acres,
we probably made it R1 just to make it easy to uh to interpret and and so it's
really hard when you have two zoning districts on a parcel. It's for the
property owner, you know, what do I do? What what the staff does? How do we
treat setbacks? how do we and so there's a lot of issues that you don't want to
do that and so but the main reason was if it was if it met the qualifications
sizewise and everything else where on one you have less than five acres we
made it on one because if you have a property that's two acres or even one
acre it's it's CD then it's it's a nonforming lot so we try not to be
nonconforming and then the After council, there was a section that was in
um in in
this up draw this uh there was a question uh that that
Mr. Clusty Mr. Pal had in the um interpretation of the code and there's
one section that's typical in most codes. It says in case where there are
multiple zoning boundaries on a parcel, the more restrictive zoning district
designations and requirements shall apply. And the reason why we have that
in there and we we we don't want to take that out is because things could happen
in the future that we're somebody could could buy three parcels and two of them
are are are R2 and one of them's R1 and they buy it
and then they consolidate it and then you have multiples other times. And so
what this would say is that okay if you were trying to get around the
regulations to higher density is more restrictive than doing so it would still
be R1 and not R2. So that's why we have those things in there and and and other
issues come up that that we may not know about. A lot of times parcels
uh they change and we don't know until you look at the county. The county
doesn't necessarily tell us. we have a record of lot splits and in the future
with this new map we'll be able to to make those changes in real time but
sometimes things happen and the parcel are different than what we have in so so
it's a it's a protection thing the other issue came up uh it we intend to send
those letters to sample here but what the code says also that any any reason
that is 10 watts or less or or 10 watts or greater than 10 watts, you don't have
to notify. That's a lot of revised code. It's actually a little bit
um and it's the same in our code. We don't say a lot. It's high revised code
713 and 12 requires me notices and ordinance intent to resone for
redistrict 10 or or fewer parcels. And so that so what that gets at is that if
it's a typical reszoning we have to notify if it's over 10 pars we don't
have to notify but there has to be uh some type of public event like what
we're doing with the code or comprehensive plan. And so those are the
reasons why we we we didn't do that, but we tried to be as as as
at at as as appropriate as possible with these partials and that's what they were
done. And so again, so things that sort of say what we were doing, we even went
a step further and we looked at those parcels and see what was possible. So So
that that gets to your question, but uh there's not a lot of parcels after it.
We're going to set up a meeting with our part-time uh intern that's in the
service department uh that does the GIS now and we'll get an exact number of
those partials uh when we get it into the actual art view program. It'll tell
us those partial I did a count just by looking at the math the old map and the
new math and I counted 56 parts. So, and and just to interject, not interrupt
you, Fred, uh I gave you guys a sample under what we want to send out at least
to notify even if there's any that are I would rather over notify than not
notify. And you know, I I would even like to take it a step further after we
get those notifications out, maybe set up a workshop where they can come in,
share their concerns if they have any as we work through this process, just to
give them a voice in case they've missed out on some of the other public hearings
that we've had. If we did it before the council meeting, whatever would suit you
guys, but just to try to include everybody, especially the ones that
would go through a change with that. I'd rather uh I know what the OC says as far
as notifying, but I'd still at least give them a chance to be notified and be
heard if they'd like to. >> Thanks. Thanks for the information
there. That's very helpful. One of my questions would be, so if we were to
reclassify, reszone an R1 split CV property, does that take effect today
when that not today, but the minute it's reszone? So, somebody could be living in
a property that they, you know, know to be an R1. What What would be some of the
restrictions if they wanted to do some sort of improvement or something to
their their property that would be impacted by that change? I mean, there
really isn't any I mean, there's still I mean, setbacks are there might be a
setback issue potentially, but that was some something we would look at. You
know, they in most of these cases when I looked at the property, there were there
were a number of really of small lots that were non-conforming. They couldn't
meet the R5 uh standards starting with acreage and
then setbacks. Setbacks are really great on five acres. And so the R1 is rural
residential and and so there are um you know there there less setbacks like
that. So in most cases it's not going to affect them but there could be something
that would be and al also to remember too is that um you know we talk about
trying to keep the density as low as possible in some of these residential is
that when you have the R2 if you have 10 acres for CD you can only have two you
know two subdivided one so you have two two houses let's say if it was R1 and
it's 5 acres or 10 acres, it's double that. So, so it does increase the
density when you take something to R1 at CD and we try not to do that, but there
there some cases it just makes sense. And like I said, I'm not quite sure. I
remember asking Barry when I first was doing the value
report is how the C came about. And I think he said that um sometime like I
said in early 2000s late 90s maybe after the city u you know either one became a
city or village someone said let's let's create this this seating area that
protects the land. It's a good idea. But since then, we also have repairing
setbacks. We have flood planes. So, a lot of that's being done anyway. But we
kept the CD because I question whether we needed the CD because we have all
these other things. But we kept the CD uh and so just now when we got into it,
we had to adjust the the boundaries because
» Mr. Tom asked this these these zoning changes would take effect with this new
code >> with the ordinance. Um what if somebody
after receiving a letter said wait a minute I don't want to change to that I
want to change to this what's the process for for that change to happen?
Well, if you want to change to another zone,
not our one or CG, >> well, the lot is split and we made the
decision that that their lot was now going to be this. They get the letter,
they look at it and they say, "Well, I don't want it to be this. I want to be
that. I want to be the other." Um, >> well then
» if it makes if it if it fits the requirements for that, if the lot fits
the requirements for the other, it would go either way. What what is the process
then for them to say change it to the other one? Is that a
big deal? >> Right now is that we would just go in
based on everybody what what we're doing is just go ahead and change that that
that partial to ours let's say versus CD >> even if the ordinance is approved
they >> no afterwards they have to go to the res
this would be prior to the ordinance being approved. So if we send this when
we send this letter out they get back to us and say we would rather have it R1
than CD, >> right?
» Then we would change it to R1. My only
the only the only issue that I would have is let's say it's 20 acres and five
of it is R1 and 15 of it is CD. is if they say yes, I want to be R1. It's
going to take a big chunk of land and it will increase density. That's the
precaution you by doing this is it's it's taking all you know I can get more
density on my property out. So that's the risk you take doing this. But I
think in all fairness, I mean, people out here, they live out here forever.
And there's a good good chance that those people that now have a split lot
had a single lot when they bought it. And the city came through and decided to
make these changes and turned it in, created this problem. And you know, they
my concern is with the changing it from an R1 to a CD. As you mentioned, these
are changing setbacks. You know, if they want to put a garage or something else,
not that it changes where they can't put it. Um if it's going from CD to um R1,
those setbacks are going to be less. So it should
» Right. But but I thought the CD was more restrictive.
» It is. >> So
before we're going to automatically make them more restrictive and now we just
limited what somebody can put on their property.
» No, if this is done now, then that section I rotated won't be split. We're
going to make those changes prior to the code. This section I write to you in
article one of the procedures that would be something happens after the code is
approved. So if we change these that we change something from uh CD to R1 or CD
R1 to CD it's changes made in that section I write to you would not
isn't per because we've already made that change. So we stop doing something.
» And so so the problem I have with that is when you take so much property and
you make it more restrictive from a value standoint, you increase the
value of the property, right? >> I think as housing people and zoning
people, we do not have the right to make their property more restrictive.
Essentially, it cost them money.
So, I I commend the the mayor and and our legal council marshall for getting
us letter prepped so these people come in and talk to us, but for you and
the zoning people that were already no longer here just to willy-nilly make
these decisions, we're going to change it and then fall back on ROC code that
says, "Oh, we don't have to do this unless it's more than 10 or less." But
unless it's less than 10 people, it's it's ridiculous. The fact that the mayor
and our legal counsel is going out and saying we need to be more open about
this. They need to be commended for that.
» Just Fred Fred helped us create that letter. She's saying,
» also help design these properties more restrictive
without seeking input from the people who own the
property. And it's not I've been in real estate 30 years. You
make a property more restrictive and tell me I can't do more things on it,
you decrease the value of my property. Who takes liability for that?
» That's correct. I mean, it it does make it because it's less dam. So, a lot of
these OC things, you're going to see these in codes, these standard things
like the 10 locks. That's pretty standard. Every code I've looked at,
my old codes used to have that. this code had. So it it's a standard thing.
It just it's just and then the other section
it's normal thing. So um there's a lot of things in the codes that are pretty
standard because they come from code of what cities can do. Townships have
intersections. So a lot of these things come they just
be clear. question if I may uh on kind of a
different subject. Let's go on on properties. Uh further down Manchester
Road, we changed the property code from business to MU-1
historic. And as I was looking through that today,
um there are some uh places down there that uh have businesses there. So, let's
say I own a a shop of some sort. I'm at retirement age. I decide that I'm going
to sell my shop. I close my business. It takes me a year to sell my building,
but do I can I still sell it to somebody who's going to put the same type of
business in there? Do I lose my grandfather?
Everything in the MS1 MU1 and these are the MS1, MU2, MS3,
everything you're doing today. >> But these particular uh places I looked
at um one is a a conditional zoning and the other one is not currently allowed
in any one. So, um but you need to look at those
things as we went through with the planning commission. Uh in the new code,
uh just again, uh conditional use permits did not go to
city council. It was something that the commission didn't approve in a new code.
Everything's a conditional use permit goes to the city council. So, there's
another step, another public hearing process. So, it what was the example for
that? in this
» body shop. >> Body shop
» is not currently committ permitted in the new uh
the reason why typically body shops and u they they tend to uh
neighboring properties sometimes uh do not like quality shops because of uh
paint smells other work being done. And so by putting it through a conditional
use permit is that um it it allows for some review of additional standards and
that's why you have a conditional use. It's allowed by rights, but now there's
a conditional uh use tied to that property that would allow for um for not
particularly that hours uh noise things like that. and and so in most cases um
body shops if there's conditional use permits have those extra step that they
have to do. Now, if you go through that table, you could say, "We don't really
want body shops to have the distribution. We can make it permanent
use." It's just you need to go through that, make sure you're comfortable with
those. But I would just say my experience has been when we have things
like shops or or paint shops um is that
the smell and things like that have been there for decades. Yeah. Well,
there wouldn't be a condition for that. >> All right. So, answer the question then
if you would please. I my my building sits vacant for a year because I haven't
sold. Somebody comes in and says, "I want I want to I'm a new body guy. I
want to go back in here and put a body shop." What steps does he have to take
after a year? Is he automatically grandfather because that's what the
building was set up for or does he have to jump through a bunch? Um, it really
gets into then you're getting into nonconformity. There was a nonconformity
section. I'd have to look at that section and see what the limitations is.
Typically, and I'm just thinking out loud. I abandon this. I can get back to
you on it is typically is if you abandon a place and it electricity turned off,
all the utilities are turned off and it stays vacant, then it's loses that
conformity and typically you see that in not so much conditional use permits. Uh
but if you have it on the market, it's been trying to sell then it can it
continues that control. So I guess in that case the body shop tire you try to
sell it and another body shop wants to go in it and it's been for sale then
they can continue that without changing you know without without losing
conformity and just the newspapers run with the property. Mr.
Yes. >> Okay. Uh with respect to the this
particular question about the the body shop
and I want to also look at the uh the code but we have an opportunity here if
we don't like our code this is the time that we can change it. Uh but on
traditionally on non-conforming uses it is one year. So your example of one year
really actually you put it right on the knife's edge. Right. So if it's if it's
364 days it's still okay because you were grandfathered in and he's correct
that it that it stops with the use. So once you stop using it, you see this a
lot of times. It's actually just the opposite. You've got an agricultural use
next to some another in the family farm gets passed along. I just did this and
it was um you know did the farm continue to be in use and the question is whether
there was still equipment there. So so use is a big question with the that's
why it's kind of a nuanced answer. If the body shop still has all of the
equipment in it and there's people there that every once in a while will turn the
lights on. I mean, you could still say that that use is continued and you can
keep keep kicking it out. The other option why is there somebody not here is
if you don't like that one-year use, we can always extend the the non-conforming
use to two years, 5 years. Um, you know, however you would want to do that, but
that's the the non-conforming use question. Eventually,
you want to you that's why we have the rules. Uh on the flip side, uh if you've
established a use and we change the code on you, you can continue to use that for
your lifetime and it will continue to run with the property even if you sell
it to the next guy. So in your example, if a young man comes along uh and wants
to buy the body shop and it's within 365 days of when the gentleman shut the
lights off, he's okay. Uh if he's beyond that period, uh he'll just have to come
back. Uh and this goes to Mr. Pal's question, too. Uh you it's not like he's
completely out of the block. uh you can come back and either ask for a variance
um or reapply for a uh a conditional use um on that. But the u in the example of
the gosh I I can't put my shed out here anymore uh because the setbacks have
changed and my expectation was that when I bought this property uh I could put it
right here. Uh that is actually one of the it's called the Duncan factors. I
don't if you've ever heard of that phrase. So when you are um this is
something that our BCA right would normally run into when they're
considering a variance there are a list of factors that's named after a lawsuit
called the Duncan factors. One of them is whether what your expectation was
when you brought the property. So you hit the nail on the head with respect to
what uh you know what we're concerned about and what our our people uh what
our residents are are thinking. Uh and the law does allow uh for somebody to
get a an exception or a variance uh if they come back in. I and I don't want to
prejudge every case because you know heaven forbid you know six years from
now the VCA doesn't grant variance but I would think that in a context like this
where we've changed the zoning code uh in this example where you you know going
from half to a whole that the VCA would be open to that. I can't think of a much
better example of when a variance would be appropriate.
» I think going to the department somebody had on that is is it $400 to do a
variance? >> I think when I saw one just recently
some I don't know
» the split you talking about to reszone. >> No,
I think it was >> we be charging them to get variance when
we change it >> to the original expectation.
» Well, I think you know and that's why I just asked Marshall. I said, "Well, what
if we just get rid of the CD district?" And and the scary part of that is
they're not scary. I guess I should rephrase it.
you know, you talk about then that we don't in fact we lose control of the
density, you know, and then we could get into a situation we have a lot of small
lots and and if that's what they want to do, they'd have the right to do it. And
again, I'm coming at the tail end of this thinking, you know, I how how I
would be looking at it um just as a resident, you know. Um
» that's where I was asking the last meeting. Instead of opting to make it
more restrictive, we we opt to do a more restrictive law. We have to go less
restrictive. If it's got two different classifications,
toggle it back to less restrictive and we're not harming anybody.
» At least on the affected properties, you're talking6
properties are going to be more restrictive.
» How long would you do the analysis on the 56? We can do the analysis on each
of the 56 properties and come back and yes or no more restrictive less
restrictive.
Well, I I think we just um uh >> question asked for more time on this.
» Absolutely. Well, I'm glad I
um we get these letters sent out uh with with a date of return, the expectation
of having it returned. And if if there's anybody with any concerns, we're able to
change it quickly without any big deal uh before we pass the thing. And if
there are no concerns, then we can be comfortable going ahead and and passing
the the ordinance and uh making those changes. Uh but I think if we like like
our concern was to let the property owner know. Um and
I don't know if we need to put more in the letter or or less in the letter as
far as you know this what this is what it means for you you know for your
particular property or call us or you know whatever. We can go through what it
exactly means. give give each person the opportunity. They don't need to come
through council. We don't need to have public hearing board. It's just you know
this is what I prefer and that's you know okay I would rather overcommunicate
than a lot of people now and even uh sorry to cut you off Jim even Tony
administrator Hitchings and Fred and I didn't speak even
Mr. Hitchings said hey I'll go live individually talk to these people if
necessary just to make sure we're we're messaging them on top of the letter.
I would appreciate that because I don't know how many times I get something from
my local municipality that I never just
» I was going to say I would like to add in the workshop date into the letter
once you put that in there so they have that opportunity to come and talk to us
and >> so to piggybacking on that I know we I
mentioned last meeting I'd like to have a workshop there's there's six sections
in there essentially it's one they're odd number But uh what what would work
for you guys to have a date to have a workshop? You guys want to do a a
weekend morning? You want to do an evening? What do you guys think? What
works best for you guys? >> They can find something for me.
» I'll be here whenever. What's the purpose of the workshop
» to go through the code? Well, we can all discuss the code individually. It's not
a requirement like it'd be good >> whenever
» evenings for me especially not Saturday or not like weekend mornings just
because of >> how late in the evening
» anytime but I probably would say evenings work
» at night works best for everybody >> Monday through Thursday
» not Friday >> you guys I
» I'm flexible >> you time Monday to Thursday
for me. >> All right.
» Mondays are typically best for me football right now.
» Yeah.
» And then uh I would ask and just I spoke about that too. Um if you guys do have
questions or want follow up, if you wouldn't mind submitting those, email me
those over. I'll collect them and we'll try to do those together.
So we can kind of just keep chipping away at it and answer everything and try
to continue to inch forward. So I want to make sure this workshop is for us to
dive into certain ones. Nothing to do with presidents coming here and
» they they're welcome to come and observe.
» I'm saying the 56 that we do that in an actual meeting.
» That's an actual >> Yeah, we would just have come during
meeting >> prior to Yeah. Mike and I can pro
provide feedback to as we talk to the the residents. Okay.
» Like, hey, John Smith at such and such address is would rather
say R1 or whatever the case may >> requirement for workshops. I didn't
think it was two weeks. I thought it was less
» for notice. >> Yeah, I thought it was two weeks.
» That's for public hearing work.
But the traditional rule is 24 hours because what would be considered a
special meeting special? >> So I know is the 24th. Does that work
for everyone? That's the next Monday.
» What time you guys
open for you?
Mondays for men
through 6:30 >> and that probably won't give us time to
get on to >> Right. Yeah.
» Actually, yeah, that's not what we're going to talk about.
» Yeah. Yeah. No, that's fine. >> Those are where my questions are. This
is both really for Fred and and the administration. Do we think that we're
ready? We've identified the 56 slots. we have the addresses and are they ready to
go out and if the answer is that is yes then I would ask council what date do we
want to offer them how many different hearings do we anticipate I think we
might I think what I heard was before >> but not really on a special date
» do do we need do we need council to be involved I my thinking is we we send a
letter out and if we tell somebody uh we're we're zoning your entire property
B instead at B and C and they come back and say I'd rather it be C. I think we
just make that change for them. It's their property. I don't think they need
to come before council. I don't think I don't think we need to have any public
hearing that we'll get from, >> you know, just just, you know, if if
they if they have an objection to it and they want the other district that's
already on their property. Okay. I I I don't see where there
» you want to make sure they understand the letter or like Kevin said, they open
it. I think it's an acknowledgement that hey, I got this. I understand.
» Well, like not that they didn't throw it in the trash. But I mean, we can only do
so much. >> Well, you'll be sure to follow up with
I'm agreeing to start I I mean, I like Barry, I hesitate to tell people what
they should do with their, you know, >> I don't want to restrict their property
more than >> I just think if they say they want to do
it this way. Okay. So, I'm just talking about,
» right? But >> what about if 90 95% of it was seed and
they knew that going in. We're just saying and it's a 15 acre 20 acre lot.
Now we're just going to make all 20 acres because of that 5%.
» They could have bought that property 30 years ago and it wasn't
» it wasn't anything. Okay. Yeah, that's >> that's my point. mention it.
» So yeah, it could be 5% R1 and you know 95% CD,
right? So that's my point there. Well, as far as I don't know that we need you
here because I think what we're going to do, and I appreciate you offering to I
think we're just going to have our discussions internally, compile a list
of of concerns, questions, get that over to the mayor and let the mayor get that
over to you and that way you can work on that and instead of just wasting your
time, ask your but it sometimes it's better, not that I
want more meetings, is that if you have a question, it's easier for me to answer
that question going through the code and so if you
don't you only got you know be here but um I probably should just answer your
question just in case that's there were two questions here that just came up I
think had a question about what was the what was
things moving to CD or >> how many were affected
I don't when I look at this map because I identified it. Most of the properties
are going from CD to an R1 uh or in some cases over two because it
was just a sort of edge of the property that someone decided it was near near
the river, the Tus River, things like that that they thought, oh, it should be
it's probably plain wetlands and it should be seated. And so in most cases,
this is unscientific until we get the jazz is probably 60 to 70% from CD to R1
because that CD was created to protect certain more than that. And then um the
question you just had it was about the something else
was it somebody was 95% C and then they and we just automatically say, "Hey,
it's cool." What are the ramifications of
» the ramifications are? If it was it would just be high,
» right? And what what Kevin, Mr. Powell said was maybe that person that CD
wasn't even in there, right, prior to when they purchased the property and we
threw that upon them. Sometimes I we had a property that was
came in for a various partially in a CD. It was Tom Zelly's
property and they didn't realize that there were two zoning districts on there
CD by one because that CD was created on there and so we had to work through that
issue. It was a plan commission. We had to work through what the setbacks were
on that. Um, so there could be a case where people don't even realize that
they have this bill. >> So that group, we don't know though, but
that group may have just arbitrarily said this is CD.
» We don't know how it was done. >> Yeah.
» And the Dell property so large that you know
» well that's really a flood area through there has been for a long time.
And you have to remember too is that flood planes repairing if there's a
subdivision or something you can't really go in the flood. You could but
your insurance rates as well and we're not going to let you go into a repairing
either. So uh so there are some restrictions in addition to the zoning
and the repairing probably I thought it was probably created after the season.
Well, I'm pretty confident that when we send these lenders out and u uh contact
uh all these property owners, I'm pretty confident that one maybe two might have
an issue. Most people aren't going to have an issue, but you know, as as Mr.
Schaefer has said, we need to give them that opportunity. You know, let them
make that decision. Uh we're looking at the workshop on Monday. Yes.
» At 6:00. >> I just want to
time
Okay. Uh, anything else or can we table that to the workshop this
anything pressing while we have Mr.
» Yeah, please. Um, was there any uh more information
about what seems to have been added in between the family zoning public hearing
and uh councils the uh attached single family adding six units
» that was added I believe prior to that. And the only real change I didn't go
through the code. The only real change was the data centers because at that
planning commission public hearing uh there were more questions on data
sensors and so it made the more reserved. Um but the six units I believe
that was changed prior to that that >> it wasn't in the version that was given
out to the public. Well, I can't, you know, without looking comparing, I can't
give you. But if it was, then we added it the six units in the mixed juice, not
in the R3 and the R.
» Okay. >> All right. I think we will uh
» Marshall has one question about the special meeting, but
» just to make sure we >> So for a for purposes, I don't know how
we do in the past. until why we're talking about it. U this is a spe it'll
be considered a special council meeting, but it'll be a workshop. Our I did look
at our rules. It is a 24-hour notice. Uh there are several different ways that
we're going the council can call a special meeting. One of them is to call
the mayor, which is the easiest as an administrative matter to handle it. We
don't have to like vote on it or we don't have to give four signatures or or
or so on. So, I don't know how we >> I've never advertised for a workshop,
» nor do I take minutes for a workshop. >> I know Katie's put stuff out before.
» You've had You've had workshops. >> Yeah, Katie put something out.
» We just simply have to post it. There's not necessarily a um any other than
wherever we typically post our notices like on our website or whatnot. And then
there will be a however we schedule any other uh special council meeting whether
it's a workshop or whether it's not if there's a form that we use that's what
we should do and if we don't >> is it going to be considered a workshop
or a special meeting there is a difference a special meeting then yes
there are minutes taken for that if it's a workshop then no
» choose a workshop >> so it sounds to me as if it's a workshop
amongst the seven of Um, >> no decisions will be made.
» No decisions being made. Therefore, no minutes to file.
» That's why I >> Yeah, I um
we should talk about that later. >> Okay. Kevin, you've had prior workshops.
» Oh, yeah. Katie just put something out that we were having workshop because I
know we had people show up. >> Okay. I've not attended those.
» I don't think you should have to attend them. I'm not I'm not suggesting uh
that. >> But I mean it's your special meetings.
We I have to take minutes and it has to be
» if there's a council meeting. >> Yes. If it's a special meeting a
different day that's a diff that's different than having a workshop.
» So that's why I was just concerned how you're going to phrase that because if
it's a special meeting then yes I need to be there. So if it's a workshop no
it's amongst the seven of them. Well, we're not going to make any
decisions. This is more of getting our questions together to present to get
answers. So, this could be just the workshop.
» Yeah, we're just going to compile a bunch of information. I can actually
forward over to the mayor, too. >> So, I understand. I will need to look at
our rules and whether or not because we do have the ability uh as a charter
community to opt out of the state rules uh and change the the rules, but unless
we have specifically a rule that says workshops uh we don't need minutes or
something to that effect, then it's still considered a public meeting. Uh
the public is permitted to attend like you have and we are required to uh
provide notice. Um, and we would uh we would have minutes, but you could do a
recording. I don't think that the report has to be there. I don't think that's
required for workshop. Uh, it's just whether or not we have a a process, but
the law requires uh any doesn't matter what we call it. If it's a meeting of
more than a quorum of the members of council, it's a meeting. We'll we'll
document what we're talking about whether it's in a spreadsheet form or a
reporting. And that way we have record of the discussion and topic about it.
» And it can be really I mean it can literally almost look like an agenda. It
does not have to be and I'm not suggesting that detailed business are
required at all. I'm just saying that our notice requirements are required.
» The public is allowed to attend but they're not necessarily permitted to
participate. >> Correct.
» Okay. >> That is correct.
» They can observe >> which is which is typically how
workshops are >> hand council meetings we allowed
workshops. We don't because it's really is kind of a workshop
» discussion. I just want to make sure we're doing it illegally.
» Exactly. >> Not to throw you out there.
» No. Sure. >> There's no meetings in here for you,
right? >> No.
» Okay. >> Nothing.
» Yeah. No, you're good. >> All right. This will conclude the laws
and ordinance committee meeting at 6:45 p.m. All right. We'll call order our
schedule. Council meeting.
I pledge algiance to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, with liberty and
justice for all,
please. >> Mr. C,
» here I am. >> Mr. Schaefer,
» present. >> Mrs. Jones,
» present. >> Mr. Pow,
» present. >> Mr. Py,
» present. >> Mr. Pres
question for Marshall. Can I do the approval for the minutes for both
together since one of the public hearing last?
» They can be together. >> All right. I'd like to make a motion for
approval of the minutes from the public hearing on August 5th, 2026 and the
regular scheduled meeting of August 5th, 2026.
» I'd like to make that motion. >> Second,
» Mr. Schaefer. >> Yes. Yes. Mrs. Jones,
» yes. >> Mr. Powell,
» yes. >> Mr. Cliy,
» yes. >> Mr. Wolf,
» yes. >> Mr. Fox,
» yes. >> All right. The next thing on the item is
the approved financials of July 2026, but those came out this morning. So, I'm
going to ask for time. Anybody have any? >> Okay, moving on. Uh, time for public
comment. Uh, please address your comments to council and stand and state
your name and address.
My name is Jerry Rob, husband 10 Rob, and we live at 6211 Cornell Drive. A few
of you know why I'm here. My husband would have been here. He's under the
weather. Um, we have an issue in our backyard that is deteriorating our
property. And I have pictures of when the trees for the park and before
the pickle ball courts went in. And I'm not opposed to the park. I play pickle
ball all the time, so I love the sports up there. I need help. I've been to a
few other meetings. I have just been advised, this is the meeting I need to
be at. Um, I would like to show you the pictures of before the trees came down
and a picture of just a few days ago. I'm waiting for someone on a raft to
come down through my yard because the ditch is now this deep. I could step
over it before the trees. I can't anymore. I have to climb down in it and
come up the other side. And it's not like it goes down just between two
properties. It comes between our yard and the neighbor's yard. And it goes at
an angle across our property. It is deteriorating the value of our property.
It's dangerous. Somebody's going to get hurt. The kids from the park come down
through there. They jump it with their bicycles. The edges of it is it's
deteriorating. Um, it's time to do something. We are
trying to be very patient. I know you are just recently new into this, but we
have been asking for years for help. We have been told it's a wet plane. I have
contacted uh the Wilmington district in West
Virginia and I have names of people I have spoken to. It is not wetlands. We
got a letter and we were told previously we can't fix it. It's our property and
they're telling us we can't fix it at that point. We were going to fix it on
our dime. That ship has sailed. Our dime is no longer available. I am asking you
guys to fix it. You guys, the park has created this. We have two pipes. Now, if
I go up that ditch and there's not two black culvert pipes,
then it's natural. But I go up the ditch and where the ditch ends, there's two
15-in pipes dumping water in our yard from where the runoff comes from the
park. Now, now you're talking about putting a walking trail in that's going
to create more runoff into those same uh detention ponds. They're not retention
ponds. If they were retention ponds, that water wouldn't have come through so
fast. Before I leave, I would love for you guys to look at the video I have of
the other day. neighbor's yard is completely underwater and we've got
white water rapids coming down through our yard through this ditch. Um, I have
done some research. I have one more thing to look at and I just haven't
gotten to it yet and then I will be 100% sure there was not an easement taken out
for these two pipes to be run into my backyard and there was not written
consent or permission from the property owner. So, if those if this last thing
that I look into is what I think it is, what has been
done is illegal up there. And I think it's time to change what has been done
to our property. Um, again, it's it's deteriorating. Even if you pipe it in,
our value of our property goes down because that land where that pipe goes
through is nonusable for anything. Can't put a garden in, can't build on it, you
can't do anything. It's just grass that we mow. Right now, it's nonusable
because it's a deep and wide ditch that water goes through. Um,
got a bunch of things here. See if I can remember. I would like to
see if there was an easement if you guys have it for the storm water
drainage. I don't think you do. I would like to see if the EPA approved
those pipes to be put there. Um, and I would like to see what the
Summit County engineer has on that. And if I need to set up a time to come in to
speak to you, Mr. Richtor, I will. >> I mean,
» let me see if I can get those answers. >> I'm willing to work. We're being as very
» as we can. But at some point when somebody gets
hurt, guess who's getting sued? Because it's our property. And you guys are
telling me I can't make it right. I got a letter here from the previous
mayor saying I cannot make it right and that they will not help us. So, it's
like I said, it's time, you know, and
there is drainage infrastructure put in there because I looked into it and you
guys put um rip wrap and and undercuts in there. That's all drainage
infrastructure in the park. But you put no drainage infrastructure on my
property where you're running the water, you know, and you put a lot of money
into that those courts. And you know, you got to come up with
some money to fix what the courts have created. And again, I am not opposed to
the walking trail. I am not opposed to the courts. I love having the park
behind our house. I just don't like what has been created.
So, >> what is your address again? Your house
number >> 6211 Pernell Drive.
» Our backyard basically ends into the courts,
» right? >> And I know you guys have been out there
walking uh for the walking trail, you know, observing and trying to take into
account. Let me tell you one other thing that's going on because of these pipes
that are draining through our yard. There's a gas line that goes between our
house and our neighbor's house. It's supposed to be 3 ft underground, under
surface. It's about this, this much. I could find it. I could take my hand and
dig it up for you guys. And this has created that. That's a danger. And
that's against the law because law says those high pressure gas lines have to be
3 ft under surface surface dirt. So now we're talking a different story
here. not just deteriorating our property.
» Sure. >> It's it's it's a huge hazard right now.
» Mayor, is there a way we could get maybe Mr. Mobile in get a few of us to go out
there, Mr. Just kind of walk and look at the area?
» So, I've I've talked to Mr. Noble about it. I'll let Mr. Now, obviously, Mr. and
I weren't here when that was put in, and I don't know if that was done properly
or with the easements or it was just ran. So, we're I'm going to
out there. I've done some pretty deep digging and like I said, there's only
one other place for me to look and I think if it was there, it would have
already popped up on what I've looked into
» and Mr. Kley and I have been out there. We've set eyes on it when that's worse
now. >> Yeah, I think with all these rains we've
had been it's been even worse and >> I have an elderly neighbor and he has a
young kid across the street mow for him because he can't do it anymore.
that kid's going to end up in that ditch on the with the mower on top of
so and I try and keep him away from it. I try and mow it myself, but how long am
I going to be able to do it? >> Yeah, if we could get something I'd be
more than happy to to attend as well. >> Kevin's
came up with some suggestions. He's just working through the logistics of it. We
would have to engineer it and um and figure that out. And when it comes to
the all the other things was it properly signed off on where you know what I mean
going through the EPA >> when you could well director pitcher not
having quite the agenda tomorrow he's coming down but maybe we'll start
looking into that tomorrow from the legal side of things
» and again I I I don't want to feel I don't want to be that
person but I just feel like the can keeps getting kicked down the road. It's
been years. >> No, I put eyes on.
» Well, I know. And you're new to this whole thing, but again, we've been
trying to get help for a lot of years and
it's just getting worse. >> Um, but yeah, I I Kevin more than happy,
see it, and see if this was properly done in the first place.
mayor. It has deteriorated.
» She's been to she's been at several parks meetings. She I've talked to him
before. We spoke about this. Um I remember in the past that there was a
squabble amongst the city and the school about whose fault this was
and that was between the school and the city.
probably asked for that letter you received.
» Okay, thank you. >> I can make a copy of that, too.
» I'm unaware of any letter that the previous mayor sent to you.
» Well, he was supposed to sign it. That's why I just asked,
» but it came to I was told twice that it was on the mayor's desk waiting for a
signature and it appears um in my mail or however it came. I think I had me had
to sign for it. >> Certified as well.
» Yeah. And he never signed it >> partially due to because he was good
friends with my husband and I don't think he wanted in that swallow.
He wanted to distance himself because there was limited time that he was in
that seat. That's my personal opinion. >> What's the date of that left?
» Looks like it's the basically the postage stamp is ironically August 19th
uh 2022. >> We are four years ago. Exactly.
» So the drainage is tapped straight into the creek that runs next to your house.
» Yeah. Yeah. If you if you get in the ditch and you walk, all of a sudden it
ends. So, it's not natural. There's a pipe coming this way and a pipe coming
this way. >> There's also
a resident on Manchester Road that feels some of the water problems when we got
the rain. Probably starts there and makes it all the way down to Manchester
Road. He comes over to my shop quite a bit too and talks about it. He's been
told that he's been talking to it since
» last time.
» So, no, no, that goes under the rail. It comes up this way.
» Yes.
I would like before before I leave though I would like to show you a couple
pictures to us now.
» Okay.
» Okay. I'll just do it from my phone. Um
» yeah, >> this is what it looks like now. And if
you look, that's the drain pipe that goes under the road right there. It
should be 30 in or plus. It's about this big now.
» That's between the two properties. >> I've been listening to you. I
surprisingly I was I was >> That's a current one.
» Yeah,
» that's why I've been hesitant to talk much about the trail. Can we resolve
this issue going forward? I would like to show you one picture and it hasn't
turned and gone in between our properties yet. Let me see if I can that
is through my backyard. >> Then there was no water like that
previously. >> I'll show you what was there previously.
Trying to hurry.
That was previous that one and that one. >> Okay.
» Yeah. This was previous.
» So that's when this is >> still there.
» Yeah. >> Okay. Previous.
» That's when you first start noticing the problem.
» The problem was there before, but it Yeah.
» Yeah. And let me get >> So there was a problem at that time.
» And that's when we tried to get help.
Um, here's what we have now.
» That's between the two properties. I see that.
» Yeah, I saw that. >> Okay.
» Yeah. I can contact former mayor Anderson. You haven't even seen what
it's doing to my neighbor from that water running down the park to
his property.
» That was the one thing I was going to do today.
» Look at the neighbor.
for the process,
» right? But like I said, that was the one
really easy on the site. >> It wasn't there then. It won't be on.
» It wasn't there. >> Yeah, I exhausted everything I could do
on the >> It would be it separate document.
It would file.
» It would be in your title search when she purchased the property.
Do >> you have Do you have your owner's
policy? >> Probably.
» Look on your owner's policy. There should be an easement. It will reference
the >> There should be something with uh filed
with Summit County also. >> Correct. Correct. But it will not be
under warranty. >> Okay. We didn't get a warranty. It was
excess the house. Is that a limited warranty?
» I don't know. >> It was too long ago.
» Did you get title insurance? >> It was too long ago. I don't remember.
» That title search. >> You had a title service. It would show
an easy. >> Okay.
» But if it was purchased as is a lot of times they don't
» obtain title insurance. So it would be you would not have an owner's policy.
I'd have to look when I get home at the >> county.
That was the one thing I haven't done is physically go down to Summit County on
downtown. That was hopefully tomorrow.
» Okay. Any other public comment? >> Seeing none, uh we'll uh go to
resolution 26R-43. Mr. Pow.
I'm sorry. >> A resolution approving a change order to
the city of New Franklin 2026 KB project and declaring an emergency.
» Thank you. This resolution was assigned to the streets and drainage committee.
Uh as we discussed in our workshop or committee meetings earlier, uh this is a
change order to a previously big contract that uh due to some changes in
uh the roads we're going to pave, uh they re We recalculated the quantities.
Uh the change order amounts to difference of 15,93960.
Uh if any anybody have any problems waving the three? Do I have a motion to
wave the three? >> Second. Have a first and a second.
» Mr. P. >> Yes.
» Mr. Py. >> Yes.
» Mr. Wolf. >> Yes.
» Mr. Cox. >> Yes.
» Mr. Schaefer. Yes. Yeah.
» Do I have a motion to accept resolution 26R43?
» I'll make a motion. >> Second and second.
» Mr. Pow. >> Yes.
» Mr. Pie. >> Yes.
» Mr. Wolf. >> Yes.
» Mr. Almond. >> I'm sorry. Mr.
» Yes. >> Mr. Schaefer.
» Yes. >> Mrs. Jones.
» Yes. >> Resolution 26R-43
passes 6 to Z. Uh, moving on to ordinance number 26-03.
Okay. >> An ordinance amending the new Franklin
consolidated land use code and zoning act.
» Uh, this was brought before the laws and ordinance committee. We'd like to ask
one more time as requested. Time is granted.
Uh, we have no more readings tonight. We'll move on to the mayor's report.
» Thank you, Mr. Schaefer. Uh the Round 93 sewer project is winding down and
heading towards completion finally. Uh I am happy to report that the easement
insitue that I touched on last meeting uh tying the new lines to the county
sewer is very close to being wrapped up. Um, I thank the county, our service
department, uh, law director Pinchford and everybody else who, including the
property owners, we've been stressing the the, um, the urgency of the matter.
Uh, and in doing that, we're still optimistic that the underground work can
still be completed in time for Northstar to include that small section of Route
93 in the resurfacing project. Worst case, we would have had to go back and
and hit that spot later after it was completed. We're really trying to rush
that thing through to to capture it all. So, I'll keep you posted on that. Um, I
want to extend a special thank you to Highway Distributing the Old Manchester
Tool there for helping out with the parking situation while the work in the
Eastman is being done. Uh just a great example, small community neighbor
helping another neighboring business to help keep everyone open during this uh
short-term inconvenience. Uh we have a pre-construction meeting
for the repaving of Route 93 next Thursday, I believe, to hopefully get
that roadway fixed and less less less jittery as soon as possible. Uh, I
wanted to thank Enbridge Gas Ohio for letting us know New Franklin was
nominated to receive a grant amount of $10,000 to our fire department. Enbridge
shared with us that they are focused on supporting municipalities that help
build safe, vibrant, and sustainable communities across their service areas.
And our fire department was nominated by their local committee to receive the
grant. Chief Leslie is handling the submission process and shared with me
have a significant need for a utility terrain vehicle to better serve the
public. This will enable us to purchase this valuable piece of equipment which
will enhance our ability to respond more effectively to the needs of our
community. Lumos chemo that's been a popular
subject last few months. They've gotten back to working in limited areas of our
community with fewer problems that we than we have had at the beginning due to
better communication and working in the permitted area. Um we have continued to
uh share and communicate with our residents as their work progresses in
the different areas they they've gone to. Like at my house they they put out
the yard darts and things multiple times actually letting us know they were going
to be there working. Uh we were informed that the water nine
development plans to break ground sometime next month. Uh they are
planning on announcing that groundbreaking date. I will continue to
keep you informed as the plans dates and info are related to us at city hall
here. Lastly, just want to thank all of you who were able to attend our annual
lakeside barbecue on August 6th. We had a larger turnout than in the last couple
years and to appreciate every attendee and sponsor who took the time to attend
and contribute to one of our biggest fundraising events. Thankfully the rain
cut off. We were able to kick back and have some fun on a beautiful evening at
the new conservatory with the lake in the background. I just want to thank Tim
Kenner and his team at the tutor house. Katie Smith, Chris Liincott, Karen Hood
Morel. Did I say that right? I get all the names. Okay. uh from our office for
working in it, setting it up, breaking it down, and also Teddy Ross will
provide the entertainment. >> Uh the last name,
» didn't know you're going to be uh uh we have one more he and his lovely
girlfriend to help me pull that pull the numbers on the raffle tickets. So,
» are you >> um we have one more music night on
September 1st and then our side coach fest on October 11th.
That's all I have. Uh, I see there's farmers market products up there.
» I did I bought some of the farmer market products now. I did buy them last week,
but I the produce and earrings. I bought my earrings at the farmer.
» See, the crowds have been pretty good over there.
» They have they really have been very good. And the produce is delicious.
Terry and I will tell you, I think we both are filled with cantaloupe. Am I
right? The cantaloupe was fabulous. And Rob lets us know how he likes the
watermelon. Right, Rob? >> Yes.
» That has his name on it. >> You can't see it. It's pretty tiny down
here.
» That's all. >> All right. Thank you. Um I guess uh no
finance report tonight. Our finance director is off. Um we'll move to new
business. All right. Excuse me. We'll move to old business.
Any old business? Um, speaking of the gas lines being replaced, uh, we passed
a resolution ordinance or something last year, I think, about removing the old
pipes. When they put new pipes in, they have to remove the old ones. Uh, can we
make sure that Embridge is aware of that and we'll be so full transparency, we
led with that to Embridge during the project. Now,
they didn't say it just they didn't say okay like we would like. So, in fact, I
just included Marshall and set from his office to how do we ensure that happens?
Because soon after the Twinsburg home explosion,
we made the news late that week for a gas strike out here on Manchester Road.
And the issue there was the line was marked, but it was the old line that had
been abandoned and the new line was unmarked. So, we're trying to use that
example to express why it's so important to remove that old infrastructure to
avoid potentially somebody getting hurt or killed. So, uh we we're working to
stress that. I know sometimes utilities feel
they are uh above I don't want to say incorrectly, but uh
we're just going to continue to keep stressing how important it is to do with
that infrastructure. Sorry to I should have shut up a little
bit.
I apologize but uh but yeah it is important to have it done.
» Any other business in business?
Okay. So let's talk data centers. Not just kind of in a way um
we um typically and um all of our resolutions and ordinance come out as u
as an emergency and we've had citizens ask about it all the time. Why is
everything have to be an emergency? Um there was a situation in uh Pickway
County I believe uh where data centers are are going to be put in and they
struck a deal with one of the townships there with the officials and uh they
kind of rushed through the u the process there and um passed an ordinance and
then called it a an emergency, you know. Um and um uh some citizens said we don't
like that and they uh put together a petition a referendum about it. Uh the
fiscal officer who I guess in their community is responsible for it denied
the petition to go on to the ballot uh because it was passed as an emergency.
Um they took it to the Supreme Court. Supreme Court said what emergency? And
really that that means nothing. Um but there is a question of whether it's an
administrative thing which would not be uh would not be used for uh a
referendum. You couldn't do a referendum on an administrative thing. Um and so
the Supreme Court told them uh that they had to accept a petition, send them on
to the board of elections for that county, and then that county had to
decide whether it's administrative procedure or not. Um the reason I'm
bringing this up again, we use it on every every ordinance resolution and
um u we use it out of habit. We use it a matter of convenience. uh you know there
are times where it's needed you know basic stuff like when we're uh
transferring money from the general fund to the police fund it it just makes
sense to make it you know all right we don't want to you know no need to wait
uh and again for everybody the uh the emergency declaration only affects when
it goes into effect uh so if it's um an emergency there's an emergency on it and
we pass it with enough votes it goes into effect as soon is a maritime exit.
Um if we don't have the emergency on there or we don't have enough votes for
the emergency clause, uh then it goes in effect to 30 days. Um
I think we should probably start looking at u limiting how often we call a
resolution or ordinance an emergency. um instead of just throwing it out of habit
or uh convenience. I think if it needs to be an emergency um it needs to be
stated whyever um is the sponsor of that resolution or
ordinance um if they feel it needs to be an emergency situation uh it needs to be
stated within that and you know here's here's the reasons why otherwise it
should just be an ordinance and take effect in 30 days. Again,
many things that we do are just, you know, we do it all the time and it makes
sense to make it an emergency that it takes effect right away. Um, but but my
thought is that maybe we should look at how we're handling that and maybe we
should uh uh be a little more careful with that. Uh, also with the um, uh,
waving the three readings, again, we we do that all the time. And I think we're
very good about not doing it when we when we really shouldn't because we want
to get more input from citizens or poss give them the opportunity. Um,
and again, we have regular things like the uh, again like the uh transferring
money from general fund to the police fund uh that we can wave the three
readings on. But I I think I'd like to see us to go at least two readings on
most things. Um and uh you know, if it's not going to affect anything, go to at
least a second reading. Um you know, some communities I know as have it,
their habit is to go to three readings on pretty much everything. Take it three
readings, take about pretty much everything, three readings. I don't know
that we need to do that for everything. Uh, again, I think we do a good job of
deciding when, you know, we should take it to three readings like the ordinance
we have on on the agenda today. Um, so I think I think I'd like to get your your
input, y'all's input if um, what do you think? Does your does going to at least
two readings for a lot of what we do make sense? Um, and does removing the
resol the emergency part of most resolutions make sense? So, ironically
enough, over four years ago, when I got on council, I had that same discussion.
I didn't have much support on that. I pushed back on emergency language
numerous times. I got away with getting a few resolutions passed about it, but I
kept being told that this is for the better of the community. I disagree with
it. I'm glad to see somebody else's fin on the same page with that. Well, I
thought four year weight would be long enough for me to take
» and to touch on your waiting reads, there's another community that I may be
familiar with. They do a consent agenda and that's things that you can pass
pretty much on one non-confrontational operational emergency type stuff. Not
necessarily a call emergency, but things that you want to don't need to stretch
out for the six week period to get the two reads on it. And if there's
something on that consent agenda that you have concern with, you can pull it
and actually run it through the three reads. So that maybe a compromise to
what you're suggesting or it's something like this change where we want to get
this done so we get the paving done before. That's something we leave on the
consent agenda. Something about buying a vehicle or something down the road, you
know, we can go three rates or whatever that. So I I'm supportive of of what
you're suggesting. >> I agree. I think it's a good idea. I
thought it was a good idea when you had it, too. But I think it's good.
» So would it be like change the council rules? Is there a charter?
» No, it's just how they put stuff together. So when you look at these
resolutions again, you just wouldn't see that on there. And
at that time, >> so you're removing that all together.
» I was told I was told everybody else does it. Well, no, not everybody else
does it, but the people we were looking at did it and that's what everybody
» I'm just concerned that we don't have an issue today. No,
» but down the road if if there if something comes up and u the emergency
is part of it and you know we don't have a leg to stand on because we do it with
everything and I think if if u uh that our resolutions should not include the
emergency clause unless it needs to um and u and if it needs to then there
needs to be a reason why it needs to. So once again, is this what do we do? Shake
hands on it or is there is there written rules or
» we don't you don't see it on the resolution anymore and typically if it's
something that's going to change across the contract expiring if it you know the
finance thing that is automatic do those those implement immediately. So it's
things that are very timesensitive that we may not have control over. Those are
the things you can do the emergency language on and have a valid way to
state. >> Just doing it just so you don't have to
read it three times and clean up the agenda is not an emergency.
» And I think if I remember correctly, correct me if I'm wrong, not too hard.
» But didn't we change a couple after you suggested it and then it went right
back? >> Maybe a little bit the same way with
Embridge not marking the old pipes. >> Sometimes you try to make a change but
it's not strong enough and you really don't get it. and someone just has to
kind of kick you a little bit and say, "Hey, this is really important."
» Well, let's let's let's keep it straight and not not confuse things. When when
it's um uh when the emergency word is on the resolution, it doesn't
affect uh how many readings it goes to. It only affects when the res when
resolution goes into effect uh after the mayor signs it, whether it's immediately
or 30 days. So whether it has the the emergency thing on it uh doesn't dictate
whether it's it's three readings, one reading or two readings,
» right? And then the second part of that was if we just did like a consent
agenda, >> right?
» That could be just perceived that we're just going to read it one time if nobody
has an issue with it. If somebody has a comment concern, absolutely do three
reads on it. >> Yeah.
» So we're good with this group, right? Like you don't you don't Jim you don't
have a problem with us here but it's for future counsel
force that future council if you don't >> ask me to take it off when it comes to
» okay so why why the council person have that
» power to say take that off >> one one of the examples I can think of
was it was uh you know Chief Leslie was wanting some sort of a new alert system
for the fire department and they they wanted to do an emergency and wave
ingredients on it. What's an emergency, >> right?
» There really was one because we're buying the software. They've already got
the system. It's not like the system they have isn't going to work,
» right? They just want to get it down. They don't want to wait for 30 days,
» right? Well, and that's and that's it. If it's going to be an emergency, if
someone wants to put an emergency wordage on it, there needs to be an
explanation also. >> Okay. So, just not to throw anybody
under the bus, that particular issue, who decided to put emergency on that?
Would it be the mayor? Is it council person that came through the mayor?
» Okay. >> So I mean typically that's what we see.
We see the resolution sponsored the mayor's office draft.
» So when we see that when it comes out on Friday when she sends it we say we it's
unacceptable. >> I think it's just a conversation we have
to figure out. Well, it's going to be a conversation and also with um uh whoever
in administrative office actually types up the resolution and stuff and
remembering not to put that on there unless to do that. Uh what what do you
two over there think because you're more involved in it than us, you know,
yapping back and forth to each other. >> I have no issue with it whatsoever. I'm
uh I'm comfortable with that, you know. I I know that language is always
offputting a little bit, you know, any community in whether it's S County
council meetings, they put it on stuff, you know. Um but no, whether it's we
just have to walk for run on that as far as Kelly or Chris making sure we
communicate it well and make sure we have it on there and um
kind of work through them at first, then we'll probably get into routine.
» Yeah. question.
» Any any thoughts? >> No, my only I was aware of that Ohio
Supreme Court case. It's, you know, right up my alley and uh you were
talking about it kind of leaned over there and told him what it was. Um I I
uh it's very the problem that you're raising is very prevalent and it
happens. I I have this conversation twice a year, right, with my clients. It
it comes up all the time. Uh that case was very interesting. I I've read it
several times. uh it's in fact it's impacting legislation that I wrote today
uh because and we decided not to do an emergency clause because the the case
reaffirm the principle that you have to specifically and the general rule is you
have to put it in a separate section and we do that right it's the last section
typically and you're not allowed to just stop at the boiler plate typically we
don't um but sometimes if we're for example doing a paving project and we
need to move forward and we we put in the sentence well due to uh you know
during good weather Um legally that's okay. Uh we we would actually win that
challenge uh if we said due to weather because it was July, right? We want to
get it done before the end of the year. U but it's still a policy question and
and I don't I don't have a position one way or the other. Um I would uh I would
throw a flag if I thought it wasn't an emergency. Uh and I haven't seen that
yet here. But uh it is uh it is a very um it's a very good conversation to have
and it makes a lot of sense because it it makes you as the representatives of
the public you know more transparent and more more accountable and it gives
everybody an opportunity except for when it's you know genuinely uh an emergency
and frankly that helps me out because there's not a chance then that we're
going to be hauled into court for that. Uh as to the uh the consent agenda uh
that was suggested that is a uh one way of handling it. You would say what do we
have to do? Shake hands. If we're going to do a consent agenda, we would
actually want to put that in our rules and we would put you just say there's a
consent agenda and it would be for administrative matters like you recently
talked about moving money from the general fund to the fire department or
or whatever. Um that's what consent agendas are for. And you essentially
what happens is you list all of the legislation that's on the consent agenda
and then you suspend the rules once, right? So you you still have to read the
titles, you still have to suspend the rules at least once, but you you don't
have to do it three times. If there's three, you only have to do it once, but
there is a most communities, most cities that I know do do have uh consent
agendas, but I haven't seen a whole lot of legislation here. uh right I mean
these other communities you act right in know they have long you know uh agendas
we don't have that so I don't know that we we need a consent agenda it's a good
idea if we want to do it then we change our rules
» okay cool
uh any other is uh well I guess uh I will wish our
dragon boat team good luck. They are off to France uh on Sunday.
Most of them be gone for 10 days and uh we'll see how they do when they get
back. So we wish them well and uh travel safe travels.
There's no new uh business. We'll move to public question and answers.
Mr. Feder like to say something? I see him sitting down.
» Just a quiet observer. >> All right. Uh, seeing none, I'll
announce our next council meeting is going to be September 2nd of 2026.
Um, and then our law director gave me some good language for this executive
session. I move to enter into an executive session pursuant to the
Franklin Codified Ordinance 30.02F1 02F1 and 5 to consider the appointment of
employee of employment of a public employee and
matters that require to be kept confidential by law
and uh we're going to invite the uh all of council the mayor law director and HR
» yes if I can have it
I still have an email. >> Thank you.
» We have to do >> and then
second >> Mr. C.
» Yes. >> Mr. Schaefer.
» Yes. >> Mr. Jones. Yes.
» Mr. Pow. Yes. >> Mr. Clusty. Yes.
» Mr. W. >> Yes.