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[0:12]
Thank you.
[0:43]
You're good.
[0:56]
Good evening. It's 5:30 on uh Tuesday,
August 25th, 2026.
[1:02]
This is a special council meeting
Gates Council.
[1:08]
Uh pursuant to uh
uh the meeting we have posted the agenda
[1:15]
and the notice 24 hours posted the
notice 24 hours in advance and declared
[1:20]
the purposes of the meeting which is
what's required by way of our
[1:25]
[clears throat] ordinances
because it's a special meeting. Uh it's
[1:29]
generally limited to those items that
are specifically called for in the
[1:32]
agenda and we have uh listed five.
So other information um keep five
[1:41]
cameras
going to cover today. Okay.
[1:44]
[clears throat]
So we'll follow the agenda and
[1:47]
appreciate your your patience and uh
both of them.
[1:52]
Um, I want to um announce for those that
may not know it that uh council member
[1:58]
John Nusco resigned from council
yesterday at um
[2:03]
[clears throat] about 9:00 a.m. sent to
uh many people. We don't know who, but I
[2:07]
presume 500 plus probably those that run
must connect his letter. And um in a
[2:14]
[clears throat] few minutes we'll ask
council to accept his resignation. But I
[2:17]
thought it'd be first um helpful for me
to outline a few of the points u from
[2:23]
his letter that have a different slant
to them and we'll document these
[2:28]
eventually in an email or Facebook
connect that goes out this week. Um
[2:35]
there's a question on on connectivity
for the last meetings and and this is
[2:40]
important. Um
we had an expectation that the meeting
[2:46]
would be uh attended by two of our
council people remotely. Um when we have
[2:52]
meetings uh in the um community center,
we were only allowed to have one Zoom
[2:57]
meeting. Uh we knew that there would
likely be an executive session call
[3:01]
because council member Greco had asked
law director Hunt for legal
[3:06]
interpretation on four or five matters
and the answer would come back at at
[3:12]
some time and so we needed to provide
for an executive session if one were to
[3:17]
be arranged and called for by council
members.
[3:21]
I made the decision uh to have the
meeting here because it would be easiest
[3:26]
for connectivity standpoint to have the
zoom session right here. If there was a
[3:30]
need for an executive session, we would
excuse the individuals that um not part
[3:34]
of the executive session team, which is
all of you individuals except for
[3:38]
council members, ask you to stand
outside for 20 minutes while we
[3:42]
conducted our executive session business
and reconvene.
[3:45]
One council member asked why I did that
and I explained it and she seemed happy
[3:49]
with that. Second council member said,
"Why'd you do that?" And I said the same
[3:52]
thing. And she said, "Okay, it might be
nice to have the community center." A
[3:57]
third council person um was rather
demanding and thought that that was a
[4:02]
bad move and demanded that uh I move the
session to the community center. I
[4:08]
explained that connectivity is an issue
with us. We had an issue in March or
[4:12]
April where we went into a private
session, executive session with the Zoom
[4:18]
capability and and a microphone or was
such had not been muted or turned off or
[4:22]
people kept it on and and private
matters with executive session were
[4:27]
discussed. I didn't want to have that
risk. So having it frankly in this room
[4:32]
turned out to be
an expert. Nonetheless, the council
[4:36]
person was rather demanding of his uh
request and so I said, "Well, let me
[4:41]
check with um our connectivity here and
see what we can do." So we moved at his
[4:46]
request um specifically and for to make
sure that we did not lose anyone
[4:51]
communication [clears throat] the
council meeting uh to the community
[4:56]
center had ited on Zoom and for the pro
the executive session uh we had
[5:03]
conference call numbers set up so that
the two council members that were
[5:07]
participating remotely could
participate. I reviewed all this with
[5:10]
Mike F before the meeting, actually the
day before the meeting to make sure that
[5:14]
there would be no issue with
connectivity. I also asked Mike to make
[5:19]
sure that we had a phone um in the room,
that the numbers were pre-programmed,
[5:24]
and to reach out to the two council
members that would be traveling to make
[5:27]
sure that they had the number, they
could call in both to the Zoom number
[5:31]
and to the conference call number.
>> [clears throat]
[5:34]
» uh that the time would roughly be about
what we would have that breakout session
[5:38]
because one of the council members was
on the west coast and otherwise tried to
[5:42]
do as best we could to ensure that there
was continuity that we had all seven
[5:45]
council people the entire meeting in
person in zoom on the speaker phone. So
[5:52]
the comments in here about connectivity
and so on read a bit
[5:58]
unfairly.
It's almost like we already planned uh
[6:02]
to uh have an executive session.
Executive sessions are called by
[6:06]
council. I don't actually vote. So,
anything that happens is voted by
[6:11]
council. My only vote is when there's a
tie. And in the two and a half years
[6:15]
I've been doing this, I haven't voted
for anything because there's never been
[6:18]
a tie.
So, uh the again the the innuendo that's
[6:23]
in the letter I think is is a little
unfair.
[6:29]
Um what goes into executive session? Um
we had the u motion for an executive
[6:36]
session. Um there was a second to that
motion and with a motion and a second
[6:41]
there was call for discussion. A council
member wanted to have a discussion on
[6:45]
that and wanted to discuss what goes
into executive session. I
[6:49]
[clears throat] referred him to Mr. Hunt
who responded uh to um to that and that
[6:57]
seemed to explain it. I then went to the
two council members who were
[7:01]
participating via Zoom to make sure that
we didn't lose them. They didn't hear it
[7:05]
perhaps traveling in the car or or being
remote they would lose some connectivity
[7:10]
and said I think John Megan anything and
there was no further comment. I called
[7:15]
for the roll call.
So what we did in executive session was
[7:19]
perfectly fine, perfectly done the right
way, perfectly done legally. It has case
[7:24]
law from Ky County. If need be, we can
um cite that as to what went into
[7:30]
executive session. Coming out of
executive session, there was a motion
[7:35]
made by Mr. Young to withdraw the prior
resolution. It was moved, seconded, and
[7:40]
discussion was had. After the discussion
was had, roll call was taken.
[7:47]
The second motion at that time by Mr.
Anusco who wanted to uh wave the
[7:52]
attorney client privilege of the
document that the law director gave us.
[7:58]
He made the motion. There was no second.
The motion died. We went on to the next
[8:03]
order of business. Some of those things
are not in the letter that he put. Okay.
[8:09]
And it was just good to have this on
here so that those that do want to read
[8:15]
it or go back and check the written
record uh will have a more complete
[8:19]
view.
[8:25]
The fire station. Um
I'm I am for improving town hall
[8:33]
and having better police department
quarters. I probably am the one that
[8:38]
brought it up a year and a half ago and
said we really should do something. This
[8:41]
building is 90 years old. It was last
refurbished 60 years ago. The plaque
[8:45]
hanging right outside the door that
confirms all that. And so I went and I
[8:50]
found a contributor uh who would pay 25
$30,000 to get us started with the
[8:56]
police locker room with the police
locker room by putting in new lockers.
[9:01]
This building um has room to be
refurbished. Our police function no
[9:06]
longer includes a jail. It no longer
includes a booking room. It probably
[9:11]
doesn't need an armory. It doesn't need
a salport. One of those doors where you
[9:15]
open, drive in, and close and you take
your prisoners out because we don't have
[9:18]
prisoners. When we have prisoners, we
take them to somebody else's jail.
[9:23]
There's a room downstairs.
The fire department. We don't need a
[9:27]
fire department the way that we have in
some of our neighboring suburbs. We have
[9:31]
one person on duty.
we don't need a whole building for that.
[9:37]
We have four bunks upstairs and they're
made usable as can be. There was a
[9:42]
desire and I I shared all that with with
with the council member. Um I said we
[9:48]
don't need a fire house. We don't need a
police house. What we need are better
[9:53]
fixtures inside and redoing redo this
building so we have ADA access and we
[9:58]
have a lot of other things that a a 90-y
old building doesn't quite have.
[10:04]
I mentioned that it's not part of our
priorities this year. It was not
[10:08]
something that we discussed with council
going into the year and I think I've
[10:11]
been reported once or twice in the
newspapers that um I'm going to move
[10:15]
ahead during 2025 and through 26 and
make the improvements that we could make
[10:21]
to what we currently have. I don't
object to what uh he wanted to do of
[10:25]
going out and seeing what bigger things
could be done there. Indeed, I helped
[10:29]
him. Uh I sat down with them and gave
him two hours of history on the
[10:33]
buildings and where they are. I
mentioned that there was a roadway
[10:36]
initially plan that would continue
behind Sarah's behind the library and
[10:40]
end up on on the outside of the
community center other side of the east
[10:45]
side of the street. I gave a study from
2002 that while it sounds old, 2002 in
[10:51]
gates mills is like 2026.
traffic patterns, amount of retail,
[10:56]
parking spaces, all those issues of 2002
are still here today and they're
[11:02]
probably [clears throat] not much
different. They gave that report to the
[11:05]
architect and they gave it to the other
person that the council member was with.
[11:09]
So, not blocking the progress, trying to
make sense out of figuring out what
[11:13]
what's needed first. And if council
wants to discuss that, then that's a
[11:18]
2027
project and we should discuss that in
[11:21]
November and December when we go through
our priorities for the year. So we can
[11:24]
line them up and apply resources and and
make that make that interesting. Um,
[11:32]
so um
I I do take objection to the way the
[11:37]
building's been described. It's an old
building. This village is old. Okay,
[11:42]
there's a lot of old things. There's old
bridges and old roads and a lot of old
[11:47]
houses and some are taken care of and
some are not. And this building probably
[11:50]
hasn't been taken care of very well. Not
the basics. Bathrooms are poor. There is
[11:56]
no elevator. There's poor ADA access.
The facilities downstairs are old. But
[12:03]
it's not inhumane. And when people start
to use words like that to to really
[12:07]
belittle and describe in their
descriptions what we are, I I take
[12:11]
objection to that. So, um, a few
thoughts on that. I will, uh, I don't
[12:16]
know what his issue is on financial
stability, by the way. He said, uh, he's
[12:20]
concerned about that. um there is no
committee. There's been a threeperson
[12:25]
working group that has put together
financial projections
[12:29]
um that are not council members. So,
this is not a committee. It's not
[12:33]
subject to any committee laws. We're
putting we're doing the hard work.
[12:37]
They're doing hard work. We're putting
together spreadsheets that cover every
[12:40]
dollar that's been spent and raised in
the last 10 years, every dollar that's
[12:44]
going to be spent or raised in the next
five years. That report was given to me
[12:48]
about probably four weeks ago. I've
looked at and given my comments back to
[12:53]
the the working group. Um and yesterday
we set up I think a date ch here I don't
[12:58]
think uh to uh to me to go through um go
through now. So that is um if there are
[13:07]
concerns about the financial stability
of the village I don't know what those
[13:10]
are in his mind. The village has $10
million of cash. We operate generally
[13:15]
the last two years on a surplus. would
operate this year at a deficit because
[13:18]
we are putting aside money for the
$925,000 firet truck which includes
[13:23]
$250,000 from last year's surplus plus
$35,000 per month receiving fund payment
[13:29]
that we're making from our general fund
into our capital fund to essentially be
[13:33]
able to accumulate all that funds and
have that available by the end of 2027.
[13:39]
So, um, look, I I thank John for his
contributions. Um he's he's he's been a
[13:46]
worker. He's helped us uh quite a bit on
a couple areas that aren't glorious
[13:50]
areas. Um we have a new internet system
and and technology going into this
[13:55]
building and uh a lot of that is his his
design and his architecture and I
[14:00]
[clears throat] thank him for that. He's
been helpful to us on the CVG uh buried
[14:04]
fiber optic cable in a in a large way
talking technically to uh the
[14:08]
counterparts at CVG and he's been
helpful to us certainly on the police um
[14:14]
side in terms of the traffic enforcement
and the significance. So I thank him for
[14:19]
his service. I'll write him a letter
that effect um but I did think it was
[14:22]
important for us to um at least air a
few of the his points from the other
[14:27]
side.
Are there any questions for councel of
[14:32]
me or of the letter?
It's a good time to raise them. If not,
[14:39]
then I would um move and look for a
second to accept the resignation of
[14:43]
council member.
>> Second
[14:48]
call before we do anything.
>> We should. Yeah.
[14:53]
» Shannon. [laughter]
[14:58]
Yes.
>> Greco.
[14:59]
» Yes.
>> Rose.
[15:00]
» Yes.
>> Stein.
[15:01]
» Yes.
>> Turner.
[15:02]
» Yes.
>> Young
[15:03]
» here.
>> No.
[15:06]
» Motion.
>> Made a motion.
[15:09]
» So you made a motion.
>> No.
[15:11]
» No.
>> Okay. I So I'll make a motion to accept
[15:15]
uh council member Anesco's resignation.
>> Thank you. Is there a second?
[15:20]
» Second.
>> Thank you. Any further discussion?
[15:23]
» There's a second.
>> Megan.
[15:26]
» Thanks. Roll call, please.
>> I I'll say I think it would be very
[15:31]
appropriate to thank John in the letter.
He's
[15:33]
» great.
>> He did do a lot. He pointed out he did a
[15:36]
lot.
>> Yes.
[15:42]
» Yes.
>> Yes. Perez.
[15:45]
» Yes.
>> Steinberg.
[15:46]
» Yes.
>> Turner.
[15:47]
» Yes.
>> Young.
[15:48]
» Yes.
Thank you.
[15:53]
Okay. Um, second item on the on the
agenda here, the ordinance 2026-43.
[16:00]
Mr. Steinberg, um, turn over to you for
more.
[16:02]
» Uh, yes. This is an ordinance providing
for the submission to the electors of
[16:06]
the village of Gates Mills. proposed
amendment to the charter of the village
[16:10]
of Gates Mills to renew for a period of
5 years the existing 1m mill tax levy
[16:14]
for the public purpose of public purpose
of conserving retaining protecting and
[16:19]
preserving land water forest open
natural or wetland areas in the
[16:23]
municipality predominantly in their
natural scenic open or wooded condition
[16:27]
or as suitable habitat for fish plants
or wildlife including the acquisition of
[16:32]
such real property or interest therein
as may be necessary to carry out that
[16:36]
purpose. and declaring emergency.
>> Move to suspend the rules for ordinance
[16:44]
number 2026-43.
>> Is there a second?
[16:47]
» Second.
>> Thank you.
[16:52]
» Any discussion?
>> I have some comments I'd like to make.
[16:56]
» Okay.
[17:01]
I do want to share my version and my own
view uh not only to council but to the
[17:07]
residents that are here. And I think
that this is important. This measure
[17:12]
that was just read carries a new
ordinance number. Otherwise, it's
[17:17]
identical to the charter amend amendment
that was withdrawn by Councilman Young
[17:24]
at our last meeting.
This ordinance rests on the same
[17:29]
underlying report from the ad hoc levy
committee produced the same way.
[17:36]
As council member Young stated at our
last meeting, when this ordinance was
[17:40]
withdrawn,
there were open meetings act violations
[17:45]
connected to how that report
was prepared.
[17:51]
None of you have seen that report.
It was distributed to council but has
[17:56]
never been made public.
You are being asked to trust a process
[18:02]
you cannot see or evaluate for
yourselves.
[18:08]
I've looked at the case law myself and
here's my concern.
[18:13]
Ohio courts have said that a later
public action can cure an earlier open
[18:18]
meetings problem, but only if that later
action is a genuine independent
[18:24]
reconsideration, not a rubber stamp.
In my opinion, that requires actual
[18:31]
council deliberation
on the merits of what we're being asked
[18:34]
to do.
what's actually in front of us tonight.
[18:40]
This ordinance doesn't ask us to to
deliberate on the merits of the levy
[18:44]
itself. It asks us to vote on whether it
should be placed on the ballot.
[18:51]
It doesn't really give council any
opportunity to independently reconsider
[18:56]
anything. We're not being asked to
debate the report's conclusions
[19:02]
or examine the committee's work. were
being asked to vote yes or no on ballot
[19:06]
placement on an expedited timeline at a
specially called meeting using the same
[19:13]
report. In my opinion, this isn't the
kind of independent reconsideration that
[19:18]
cures what happened before. It is the
same process with a new number and I ask
[19:24]
council to consider this before voting
tonight.
[19:29]
» Thank you. Let me make a comment to
that. Um it has been a public record. It
[19:35]
was distributed to council the report.
>> Yeah.
[19:40]
» I was asked by John post it
[19:45]
» initially on that Monday night or
Tuesday. I said I'll post it tomorrow
[19:49]
because it had just been published on
Monday before council meeting.
[19:53]
[clears throat]
[19:55]
The council member then asked questions
about the ad hoc process and several
[19:59]
Ohio revised code provisions and asked
the law director for a legal view of
[20:04]
those.
I was then informed by the law director
[20:08]
to not post,
>> but it is available as a public record
[20:16]
and I did mention them at least three
times to anyone including at the meeting
[20:21]
that would like a copy to email me was
their name and I will email it to them.
[20:26]
» I received two requests
>> between the time that I made that
[20:29]
announcement a month ago and today
>> I know
[20:32]
» it has so it is available. It is a
public record. No one's interested in
[20:37]
it.
>> I don't think that's true.
[20:39]
» Two people were two people interested
and they were providing it.
[20:43]
» I know why it was I know why uh
>> all I'm saying Karen is your your
[20:47]
comment about it not being available is
not is not
[20:51]
» well anybody can re request it. It under
the public records act. I understand
[20:56]
that but it wasn't made available
like most things are where it's posted
[21:03]
on the website. Never. That never
happened.
[21:06]
» True. For good reason.
>> Well, I will state that that report has
[21:13]
absolutely no bearing on my vote. Um
>> agreed.
[21:17]
» And um and u and I I think maybe at this
point um as a hypothetical, I know
[21:26]
there's been some mention of the um Open
Meetings Act here. Um, and I
[21:32]
[clears throat] don't I think people in
the audience might want to know how the
[21:34]
open meetings act works. And if you stay
for the discussion on the uh uh
[21:42]
potential agreement, you're going to see
why it's can be a little bit frustrating
[21:47]
that if a committee is formed and say
that committee has four people on it and
[21:54]
um a quorum of the committee is three
people.
[21:59]
um those people cannot even circulate
drafts in an email as the way you would
[22:06]
normally work
um on a document for people. You can't
[22:11]
submit those drafts and say, "Hey, I
think we should make these changes or
[22:16]
hey, I want to circulate this to you.
What do you think before the meeting?"
[22:21]
Um you can't do that. you um every one
of those drafts would have to be
[22:27]
discussed or every change every if you
wanted to change a paragraph has to be
[22:32]
discussed in an open meeting. it makes
it pretty hard to do anything and um and
[22:41]
so
um
[22:44]
sometimes
people make innocent mistakes and um and
[22:51]
I I don't think there was anything
nefarious a foot. I I think everything
[22:56]
um it it's hard to get used to saying,
"Hey, I can't I can't draft something up
[23:03]
and email it over and say, "Hey, what do
you think about this?" Um I can't do
[23:07]
that. I have to wait and I have to type
it out and I have to bring it to the
[23:11]
meeting and then say, "I think we should
change this or we should change that or
[23:15]
we should change this." And and there's
there's reasons for it. And I'm I'm not
[23:20]
debating. I'm just saying that um a lot
of times when people come on council
[23:26]
they don't realize that and they try to
work as efficiently as possible and save
[23:32]
time and unfortunately
that sometimes collides with the open
[23:37]
meetings act.
>> And Karen, I I appreciate the comment. I
[23:42]
I think and I ask our law director to
correct me on this if I'm wrong on any
[23:48]
of this, but I think there's two
separate actions that we're taking. One
[23:52]
is the ordinance and whether the levy
itself should be on the ballot, which is
[23:58]
what the current motion is for. The
second part of that is the agreement and
[24:03]
and the terms of the agreement, which I
think are very much still a discussion
[24:07]
and and what we'll have next. And I
think the separation that we are hoping
[24:12]
to achieve is not related to the
ordinance because the levy is is its own
[24:18]
its own you know action. The discussion
on what the term should be the split the
[24:24]
requirements of the land conservancy the
uh reporting aspects of that what the
[24:29]
funding will be used for. I think that
that is separate. And while ideally I
[24:34]
know there's people and it would have
been great if we had that all finalized
[24:38]
for this vote to put on the ballot, I I
think that we can do our best and it's
[24:43]
going to be really critical for us as
council members and as a village to make
[24:47]
sure that residents have the information
that they need to make an informed
[24:50]
decision at the ballot box. So, you
know, I hope that we have an operating
[24:54]
agreement soon and the discussion today
will hopefully frame that, but that's
[24:58]
not on the same timeline as allowing the
residents to be able to bow on the on
[25:02]
the levy itself. And so, I I understand
we're under an expedited timeline. I
[25:05]
don't think any of us find that ideal.
Um I think it would be it would be um
[25:10]
detrimental to the village and and the
land conservancy to not put it forward
[25:13]
for a vote. I think that's really up to
the residents and that's what the motion
[25:16]
is for now.
>> Well, except for the fact that the
[25:19]
report did advocate
for this levy being on the ballot.
[25:24]
So let me
>> it was called the advocacy
[25:28]
» right
>> of the yes um after the or my
[25:33]
observation or recollection is that
after the ordinance the prior ordinance
[25:37]
you know was was withdrawn we had a
wonderful discussion a very open
[25:42]
discussion and as a matter of fact John
said it was the best discussion that
[25:47]
he's ever had on council where in in an
open forum we talked about our you know
[25:52]
desire for um the distribution of funds.
And my understanding on the agenda is
[25:59]
that that's going to that's going to
continue and that's going to be, you
[26:02]
know, the new
um uh the [clears throat] new term
[26:06]
sheet, if you want to call it that, that
will that the mayor will negotiate with
[26:10]
the um with the land conservancy. So, in
my mind, the the prior recommendation is
[26:18]
is moot. I
it doesn't ex it doesn't exist. That's
[26:23]
not what we're doing tonight. And this
discussion may continue into September.
[26:28]
Um we may not get it done tonight, but I
think it's an important discussion and
[26:33]
you know it's um
>> well
[26:38]
okay.
[26:42]
» Are there any other council members
wishing to make a point?
[26:48]
Roll call please on the question of
>> yes
[26:54]
» no
>> yes
[26:57]
» yes
>> charter
[26:58]
» yes
>> yes
[27:04]
» have a motion
>> move to approve ordinance 2026-43
[27:09]
» second
[27:13]
» been a motion and a second is any
discussion
[27:16]
» my only comment in all of this is that
this is at its core a tax levy that
[27:22]
council has the power to put on the
ballot and it's up to the residents to
[27:27]
decide whether they want this or not.
Not four members voting on council or
[27:33]
five members voting on council with
however it may work out.
[27:38]
Does this vote wave the rereading rule
and declare an emergency?
[27:48]
And it is an emergency has an emergency
clause. If so, if it's passed, it will
[27:53]
be an emergency and will go into effect
upon signature passage and signature by
[27:59]
the mayor.
>> There was a September 4th deadline to
[28:03]
get this to the board.
>> Any further discussion?
[28:11]
» Roll call, please.
>> Broom.
[28:13]
» Yes.
>> No. Perez,
[28:16]
» yes.
>> Steinbrand,
[28:17]
» yes.
>> Turner, yes. Young,
[28:19]
» yes.
[28:23]
» Motion passes. Thank you all.
[28:37]
Okay. Item number three, discussions
potential agreement with the Gates Musl
[28:41]
Conservancy.
uh at the end of the meeting last um
[28:45]
last regular meeting I went through
history of the percentages
[28:50]
that we've used in the past to allocate
and also a few of the fringe provisions
[28:56]
each of you received a copy of the
existing operating agreement between the
[28:59]
conservancy and the village in your
packets last week I trust you've had a
[29:04]
chance to go through the seven or eight
pages
[29:07]
um there [clears throat] are three items
in there that I would bring up uh
[29:12]
discuss those. You may have some items
that we could discuss as well so that we
[29:18]
could go back service
[29:23]
point of council. Uh number one, uh
there has always been uh concern about
[29:30]
the um ability of the land conservancy
to purchase a piece of land without or
[29:38]
with knowledge of other than their
board.
[29:42]
current agreement is that prior to them
making financial commitment to purchase
[29:47]
a property or that uh they need to
inform council as most council of that.
[29:54]
They have been of the and they have been
few purchases so there's been few
[29:59]
notifications but it has worked. Um
there is some concern that uh notifying
[30:05]
council is essentially seven people,
eight if not count. And that when you're
[30:10]
in the middle of negotiations to acquire
land or a lease or what have you, uh
[30:14]
that's eight more bodies that now know
something
[30:18]
manner and those eight each talk to one
person. All of a sudden you've got a
[30:22]
dozen more people, 16 more people that
are trying to weigh in or hearing things
[30:27]
about a potential acquisition. they uh
would be agreeable to change the word
[30:31]
council to the term mayor.
They understand the need to um
[30:37]
communicate with the village and accept
that responsibility. Uh believe that if
[30:42]
they inform the mayor, extend the
mayor's um responsibility to inform
[30:47]
council, which the mayor can do. The
mayor may also need to talk to the legal
[30:52]
director andor the village engineer.
there are a few pieces of land when
[30:56]
they're acquired that may have storm
water or other topographical
[31:01]
complications to them. Um, and the mayor
can inform council through executive
[31:07]
session if that's that's a permitted use
of the executive session rules. I think
[31:12]
that's a very practical uh reasonable
answer. It doesn't change their need to
[31:17]
report uh in advance. just changes the
word to whom they one word to whom they
[31:23]
report
your view on that
[31:30]
» a a question I guess I mean I think
there's been just has it just been one
[31:34]
acquisition in the past five years or
has there been multiple
[31:37]
» one recently um and there may have been
may have been a few earlier in the five
[31:42]
year period
>> the only the only other expense was
[31:46]
paying off the loan for the clerk
property. [clears throat]
[31:49]
» Did informing council pose a challenge
in that situation
[31:56]
» that the land acquisition purchase like
was it
[31:58]
» time?
>> You don't know. Yeah,
[32:00]
» it's not. Yeah, that's well the one the
um
[32:06]
» uh uh the per Perkins property
>> um the land conservancy brought it
[32:12]
forward and there was a lot of support
on council.
[32:15]
» I mean among council members to uh there
was support. We thought that was a good
[32:20]
uh we never came up to a vote but I
think individually we were supportive of
[32:24]
that property. It was um
>> so in that case
[32:28]
» important important part of
>> the requirement of informing council
[32:32]
prior to a purchase was not an
impediment to the deal.
[32:35]
» No.
>> Yeah. I guess I'm just wondering if
[32:37]
there's a challenge we're trying to fix
because it does the operating agreement
[32:40]
does say that we would also get to hear
about the economic impact and tax
[32:43]
implications which I know are concerns
that have also been raised. And so we I
[32:46]
we would be kind of a second tier to
that I guess if it's just to the mayor.
[32:50]
So that would change the like how we are
informed I guess.
[32:55]
And I think part of the is issue about
infor informing the mayor or you know
[33:00]
ultimately the council is to know for
example um there was a situation with
[33:05]
planning and zoning where um there was a
there was property that had been limited
[33:10]
even though it was 15 or 16 acres it was
limited to one house and so it would not
[33:16]
be prudent for the in that case for the
land conservancy to purchase that
[33:19]
because it was already limited to one to
one house. Um so they didn't know that
[33:24]
but the council member knew knew about
that. So the discussion was prudent in
[33:28]
terms of um saving the land conservancy
from spending some money unne
[33:33]
unnecessarily. As things turned out they
didn't spend the money anyway for a
[33:37]
different reason but I think that's a
good example of why it's important to
[33:40]
bring it to council.
>> Thank you for that.
[33:46]
» This is not a big issue. There's only an
acquisition or
[33:49]
» Yeah. two in a fiveyear period. It's not
something where we have
[33:55]
a lot of time into it. And the other
thing is so the consery is a supporting
[34:01]
organization
for the village believe 509
[34:07]
A3
and uh and if they were to notify the
[34:13]
mayor of an acquisition
um part of the being a supporting
[34:18]
organization is to carry out goals and
things of the organization you're
[34:23]
supporting which is the village and um
And I would say that uh Todd, this is a
[34:31]
question for you. If we were to if the
mayor were to be notified of a
[34:36]
acquisition and then bring it to council
at the council meeting,
[34:39]
» potential acquisition, these are all
>> in
[34:44]
under the rubric of it's a supporting
organization. I think that could be an
[34:48]
executive session over the acquisition
of land. Uh,
[34:52]
it could be if obviously if there are
legal issues and you need legal advice,
[34:59]
at least under the court of appeals
decisions out of this county, that would
[35:03]
be appropriate for an executive session.
>> Um, if there are funds that are needed,
[35:09]
additional funds,
seems to me that that would be
[35:13]
appropriate for an executive session.
That's often that could be the case.
[35:19]
And part of the reason I think that we
have that in the current agreement that
[35:25]
they would come to to the notch. So
under those circumstances I believe yes.
[35:31]
I'm not quite I'd like to get back to
you on that, but um obviously the
[35:37]
charter provision itself
um sets out the purpose and so on and so
[35:43]
forth. And the the land conservancy was
set up by the village,
[35:48]
» right,
>> 35 years ago,
[35:50]
» right? I mean that that uh it it just
addresses the issue of the concern that
[35:57]
um the conservy is trying to negotiate a
transaction and they can say oh hey
[36:04]
they're going to the village and asking
for money so we'll ask for more right I
[36:09]
mean addresses the handicap of the
negotiation process
[36:16]
I believe the other side of the argument
from the conservancy standpoint point is
[36:22]
that council meets once a month and
>> it's possible that a transaction
[36:29]
» uh the a timing of a given transaction
would make it
[36:35]
difficult to fit into the schedule of
the council. So perhaps there's some way
[36:41]
we can make council available
in between
[36:48]
meetings as necessary should something
come up.
[36:54]
» There are
obviously special meetings, emergency
[36:58]
meetings on less than 24 hours notice
can be had. The issue becomes the
[37:04]
purpose of the meeting and how you
phrase the purpose.
[37:09]
Well, that goes into what said before.
If it's a conservation easement or u um
[37:15]
or a donation, oftent times those things
their life cycle can be very quick and
[37:22]
it starts on December 15th to December
18th or December 22nd. It has to be
[37:28]
completed by December 31st. Uh so, um
>> well, they don't have to come to us for
[37:33]
the donations, right?
>> No, but anything's an expenditure. So,
[37:38]
you know, buying a conservation
easement, a bargain purchase of
[37:41]
property. Sometimes people are trying to
sell their property at a bargain
[37:45]
purchase. They're going to take a tax
deduction for the bargain purchase
[37:49]
portion. And so, uh, there's got to be
an appraisal done quickly and they have
[37:55]
to figure out what the where the numbers
are before they go forward.
[37:58]
» So, our meetings are typically the third
Tuesday,
[38:02]
» right? So, that's pretty close to the
pretty close to the end of the year.
[38:08]
» Um,
you know, I'd be a surprise that it
[38:12]
would come up after the third day. No.
[laughter]
[38:18]
» Yeah. December 30th.
[laughter]
[38:21]
» Sometimes it's the last day, right?
>> Yeah.
[38:25]
» All right.
[cough and clears throat]
[38:29]
Um, but I'd be okay with I mean contact
the mayor. I mean I think I think the
[38:34]
regs require supervision and I think the
mayor constitutes supervision.
[38:49]
» Were there other changes?
>> I mean we're just discussing them,
[38:53]
right? So we
>> discussing them. Yeah. to narrow them
[38:56]
down, but this would be an easy one to
start with.
[38:58]
» Okay. Maybe not. So,
>> yeah. I guess I look at this as an
[39:02]
impediment or an inconvenience. If it's
an impediment, then that's, you know,
[39:07]
that's an issue. If it's an
inconvenience,
[39:10]
um,
>> you know, I don't I don't honestly, I
[39:14]
can't say that.
>> There's been so few of these and we have
[39:17]
a good relationship with
>> Yeah. And I would and I would think land
[39:20]
transactions typically take some time
anyway. And so someone is charitably
[39:24]
inclined to do something with their
property, um, council would certainly
[39:29]
make themselves available.
>> Okay.
[39:33]
» So, I think what I'm hearing is, uh,
neither an impediment or an
[39:36]
inconvenience. Leave it the way it is.
>> To inform the mayor,
[39:42]
» inform
>> to inform counsel. Oh, leave it the way
[39:45]
it is in there. Okay. Not the way you
stated. Okay,
[39:48]
» good. I agree.
>> Yeah.
[39:52]
I just need a I just need a kind of a
sense so go back with the parents.
[39:58]
» Yeah, I I I I'm fine with the language
as it is. I think if we were going to
[40:02]
change it, I would want to make sure
that we have like a like clear path
[40:06]
forward on communication so we have the
benefit of what we just described of of
[40:11]
planning and zoning has a concern. So
like you know that that's kind of
[40:14]
happening very quickly after you're
informed so that they're not moving
[40:18]
forward without that benefit I guess.
and any concerns raised by councel. But
[40:26]
» okay.
Um, another item is the uh the
[40:31]
allocation of funds. Um, I have no
number right now and I'm not going to
[40:36]
advance number because I advance my
number. It was the this one's the same.
[40:41]
It's the ad hoc number. Not the same
number, but um I think we should just
[40:45]
have some fresh thinking. So, we've done
a few things. Um I've gone through the
[40:50]
history of the percentage the 95 and
five which was there for five terms the
[40:55]
50% which was there for a term is is
currently what we're operating in now
[41:00]
the number that was part of the ad hoc
report is is moot and um so we start
[41:05]
from from scratch. Uh we met today with
a small uh group um village engineer,
[41:11]
the service director, the finance
director, myself, Sandra, I may have
[41:15]
forgotten someone
>> [clears throat]
[41:17]
» um to understand um some of the the
challenges that the village has with
[41:23]
regard to storm water and particularly
in regard to storm water mitigation and
[41:28]
restoration and stabilization of of the
banks. Uh we identified five pro pre
[41:34]
prior to the meeting they came to the
meeting with all the information they
[41:37]
identified five projects that are in
front of the village over the next 24
[41:40]
months that require close to $350,000 of
repair work. This would not be the
[41:47]
repair of normal covers or sink holes.
This would be repairs like we did or re
[41:54]
rehabilitation like we did around lower
Brookshire down near river road where
[41:59]
the erosion was so severe years ago that
was eroding the underneath of the road
[42:04]
and would have would have lost the road.
We had the village engineer comment on
[42:08]
each of those as well as the service
director. Um if you look at that group
[42:14]
of the five projects
um one of those is the um
[42:21]
the stormwater dunage issue on the
corner of river and old mill right
[42:27]
across from the green bridge is the
house coming down. I think we've
[42:31]
reported in the past there's 125 ft of
storm water work that needs to be done
[42:36]
including the work at the driveway and
then past the driveway to forecast into
[42:40]
the river. Um those projects qualify
under the levy funds uh for storm water
[42:46]
management and stabilization issues.
And um that particular project we've
[42:52]
talked about at council twice and you've
approved the use of community share
[42:56]
money that we have from the northeastern
Ohio region district to fund that which
[42:59]
is about $150,000.
There are these four other projects. Um,
[43:04]
we believe that one of those projects
probably would qualify for money under
[43:09]
the Ohio Department of Public Works
small government
[43:15]
uh grant process that we went through
this last year with respect to
[43:19]
wastewater treatment plant. We have a
good reputation there. Um, we know that
[43:24]
there's money available. We are looking
for projects to evaluate and um we would
[43:30]
need to move ahead with these four
projects I just mentioned whether we get
[43:34]
money from opic public works commission
or not. So the plan would be um at this
[43:42]
point that the levy funds that have
accumulated we have about $450,000 in
[43:46]
the levy fund now and that is there
because when they went to the 50/50
[43:50]
share u the thought was that much of
that money would be used to fix the
[43:54]
cover problems under Mayfield Road. We
reported last time that those co
[43:58]
problems were financed by Harper grants
instead of by levy grants and hence the
[44:04]
dollars that um
thought it would store up for that
[44:08]
project were used for were satisfied by
harbor funds and were not needed for for
[44:14]
that. Um, so you know, of the 450,000
that's roughly in our account today in
[44:22]
the levy funds, 350,000 essentially
could be earmarked for those four
[44:26]
projects I just mentioned. That leaves
us with roughly $100,000 in the um in
[44:32]
the levy conservation fund, which could
be used for a variety of things or not
[44:36]
used at all. It could be used for land
acquisition or easements. It could be
[44:39]
used for further tree planting. It could
be used for other projects that come up
[44:43]
from time to time. We also talked today
internally about the need to make sure
[44:47]
that if we're going to use levy funds
for those four projects or any projects
[44:52]
after that that there's a clear
distinction between what is um what is
[44:57]
normal repair and maintenance and what
is really improvement storm water
[45:01]
mitigation and channel cleaning and
channel stabilization. and that we would
[45:07]
ask our village engineer would
essentially putting in writing when
[45:12]
those requests come forward that X
dollars or X percent or some pro some
[45:18]
parameters around that. So the entire
project is not fun of a levy fund. It's
[45:22]
just that section that goes with
stabilization.
[45:27]
Um, so that answered the question, hoped
to answer the question from council
[45:31]
earlier about we have the money in the
fund. What are we doing with it?
[45:36]
If we tackle those four projects, five,
if you include the one on old bill,
[45:40]
that's already underway because we
previously approved that. We don't see
[45:44]
anything else in the next two years um
that would be of that magnitude or that
[45:50]
would require that kind of those kind of
dollars. Now, we say that and a week
[45:57]
will roll around and there'll be a
sinkhole somewhere or there'll be
[46:00]
something getting eroded out. Water only
goes downhill and it usually damages
[46:05]
things when it does that. So, um we just
need to be realistic that so much as we
[46:10]
can look at crystal ball today and not
see anything else besides those four or
[46:14]
five, there could be something a week
from now or a year from now.
[46:18]
Um I don't think we need to store up
hundreds of thousands of dollars for
[46:23]
potential storm water projects. As I'm
saying, if you go back to um where they
[46:28]
started, the village has identified
because it's kind of doing more of
[46:32]
itself. It's it's doing work with the
watershed partners. It's doing work with
[46:35]
the invasives. We have um worked on the
arboratum. We have forestry plans for
[46:41]
both the arburetum and filler field. uh
now that these bases have been chackled,
[46:46]
not completely destroyed, but we're two
years under the three-year fight. Uh
[46:51]
that there could be work at each of
those two locations that that could
[46:54]
require tree planting or other kinds of
items that would be uh valid levy levy
[47:00]
purposes. So I think 50 to $75,000 is is
really what the village probably needs
[47:06]
to spend out of the levy fund to do what
I've just talked about the invasives and
[47:09]
try to shed the arbor day and maybe some
other small work at the at the two
[47:13]
fields or the field and the arboritum.
Likewise, the um number doesn't change
[47:19]
from um what you saw before. The
conservancy and in the village sat down
[47:25]
months ago and mapped out all the
properties and it's taking a 10-year
[47:29]
view towards eradication of all the
invasives. Someone raised the question
[47:34]
several months ago, why 10 years? Why
not seven years or five years?
[47:38]
First of all, it takes three years to
eliminate the invasives. You got spray,
[47:42]
then you cut and you got to get the
seeds. And so it's not quite that
[47:46]
simple, but you just don't go in there
and blast them all and they all
[47:49]
disappear. So anything that you do is a
three-year process. We could um we could
[47:56]
go from a 10-year
look, you know, to a seven-year look. I
[48:00]
don't think five five years is probably
just too soon. Frankly, you want to have
[48:04]
people that know what they're doing and
uh who've done it well and improve
[48:08]
themselves to the village done. So those
numbers could change if you wanted to
[48:13]
speed up the uh the attack on the
invasives. Our style here in the village
[48:17]
has been to take things and spread them
out over a number of years and and try
[48:21]
to handle it that way. Did that with the
roads. We find ourselves with you know
[48:26]
maybe only 50% of the roads of better or
better condition undertook a
[48:30]
[clears throat] six year $6 million
project and spread with cost over six
[48:34]
years. and we wolf I think the number I
saw just the other day was 68% or 68 as
[48:40]
it score of composite roads that are in
the fair or good condition compared to
[48:46]
probably in the mid-50s five years ago
we fully started this there's some
[48:50]
ability to take big project it up into
five or six little projects as we do
[48:56]
with the roads and end of five or six
years which seems like a lot of time
[49:00]
when you're sitting here talking about
it but it really isn't when you're
[49:03]
working at you know we've essentally
tack on. We will have all of our roads
[49:06]
in fair or good condition by the end of
27. Frankly, we're just quite a few
[49:11]
points away. Um, you can do the same
with invasives. You can speed the
[49:15]
process up if someone wanted to. At this
point, we're on a 10-y year amorization
[49:19]
and as is the land conservancy. That
calculation has land conservancy getting
[49:24]
an additional roughly $100,000. If you
took the million two that's coming from
[49:29]
the levy,
we've allocated all that um amount of
[49:33]
money um 250,000 per year, there's about
$100,000 that [clears throat] the levy
[49:40]
amount that we know. We know them
because it's going to be a renewal. We
[49:43]
know the property values are there's no
question about what what the value of
[49:47]
the levy is. If you subtract out what
you currently know you're going to spend
[49:51]
on invasives and watershed partners and
remediation and so on, there's about
[49:56]
$100,000. But
being real blunt here, we can either
[50:00]
keep that in the village and make it
available for other village projects,
[50:04]
make it available to conservancy, make
it available to anybody that has a good
[50:08]
project that we want to fund, or we
could, as was the initial plan, u
[50:14]
allocate that to the land conservancy.
They're in the business of acquiring
[50:17]
land and eastments, controlling them,
etc. They could probably make better use
[50:22]
of having that in their savings account
than the village having that in our
[50:26]
savings account. I'm open to either one.
Love to hear what council there's any
[50:31]
council views on that.
[50:39]
So to summarize that, Steve, the um uh
the funds from the levy um would be used
[50:47]
either by the conservancy or the village
for conservation purposes.
[50:53]
the to the extent that the village
retains any funds from the levy um
[51:01]
and doesn't expend them for the things
like invasive species addressing
[51:05]
invasive species or storm water
remediation issues that are causing
[51:10]
problems. Those funds are still
available to the land conservancy. The
[51:14]
land conservancy would just have to come
and ask for them.
[51:18]
» That's correct. They're all deposited
into a separate open space and
[51:22]
conservation fund. We have three funds
within our governmental accounts here in
[51:28]
the village and uh the conserancy funds
are also in a separate bank account. So
[51:35]
there's double good governance if you
one it's bookkeep separately and two
[51:40]
it's in its own account. kind of related
to that. Um once the
[51:48]
money goes to the land consery, it
doesn't come back to the to the village.
[51:54]
Uh and the other way around, if it stays
with the village, it can go to the land
[52:00]
conservancy,
[52:04]
right?
[52:17]
Can I raise a question about the
$700,000 that they currently have?
[52:23]
» To the extent I can try to answer it
perhaps, but I don't I can but sure.
[52:27]
» Okay. So, they have $700,000 and they
have some additional funds. I think
[52:32]
their total they currently have is over
a million dollars. I think 950,000 was
[52:39]
in the was in the report.
>> Okay.
[52:41]
» So, the last time around five years ago
that they were supposed to endow this
[52:46]
money.
>> Uh they were supposed to raise it. I'm
[52:51]
not sure if they're supposed to I don't
know. I don't know if it meant the word
[52:53]
endow or or just raise it. I don't know
what the actual document says.
[52:58]
» Oh, the last uh document. Does anybody
have that 2021?
[53:02]
» Yeah.
>> Yeah. I I thought that the understanding
[53:06]
was that they were supposed to endow
that money.
[53:08]
» It needs and has indicated that the land
conservancy has indicated that it needs
[53:13]
an ongoing endowment of approximately
700,000
[53:16]
to properly carry out stewardship of
existing properties it owns or for which
[53:22]
it holds conservation easements.
>> Which stewardship includes legal
[53:26]
defense, liability protection, adhering
to the standards of property
[53:29]
maintenance, and conducting annual
inspections.
[53:34]
So a long sum so
>> well but but then if you look at
[53:39]
» paragraph seven it says how to compute
it
[53:42]
» it
>> not computing is an endowment I can I
[53:47]
mean it's [clears throat] counting
future funds that are coming from the
[53:52]
levy are counted towards that number. So
>> yeah,
[53:58]
» I I think it probably was a poor choice
of words, but
[54:02]
» So endowment doesn't mean endowment.
>> Well, maybe it shouldn't.
[54:07]
» I would say that it should.
>> What would you like that to mean? It's
[54:10]
» I would like that to mean um on their
form 990, they indicate that that amount
[54:17]
is now rest endowed. It's restricted and
it has to be used for those purposes. It
[54:24]
cannot be used for acquisition. It
cannot be used. I don't know if that
[54:30]
language would allow it to be used for
invasives, but it's supposed to be money
[54:34]
that they hold so that they can
>> continue.
[54:38]
» So, a board designated endowment.
>> Yes.
[54:43]
» I think Nat said that and I think that
that was the goal. I mean to your point,
[54:47]
Scott, I think that it was going to take
most of the levy period for them to get
[54:50]
to that amount and so that at at that
point that that there would maybe be an
[54:54]
investment after the end of the levy. At
least that's what Nat implied at the
[54:57]
town hall. But
>> I use the word board designated
[55:00]
intentionally because this is what their
board would decide to do as opposed to
[55:04]
an endowment that may come from an
outside gift.
[55:06]
» Oh, no, no, no. That's not what I'm
talking about. No.
[55:10]
» So, if we were to work that language in,
that would be something we're looking
[55:13]
for. Well, yeah, but I think that we
worked it in last time. It just was
[55:17]
never done. So I
>> was required by that language this time.
[55:22]
» Yeah,
>> it was an aspiration, right? Wasn't it
[55:26]
» then got that calculation
has indicated that it needs
[55:33]
» I I
>> you can require
[55:34]
» Yeah, my point is I would love to.
>> Okay, thank you. Appreciate that.
[55:40]
that severely handicaps
the consery should a acquisition
[55:46]
opportunity come up in the next year.
An alternative would be to require that
[55:55]
if they do raid the onhand cash and I
think their understanding of the
[56:01]
agreement is they needed to have the
onhand cash equal to 700,000 not
[56:08]
necessarily an [clears throat]
endowment.
[56:10]
Um but if they should find it prudent to
raid that money and lower their onhand
[56:20]
cash for an attractive acquisition that
we all agree is attractive to the
[56:27]
village. Uh that that would be allowable
in somewhat only if they're able to
[56:34]
replenish the 700,000 in onhand cash
[clears throat] by the end of the levy
[56:38]
period. Right. That that is how the
language
[56:46]
» the the purpose of the 700,000 is there.
I believe I you know I'm a newbie here
[56:53]
but I thought the intent was should the
levy never pass that the village isn't
[56:59]
left with a problem. The conservancy
isn't left with a problem. would require
[57:02]
them to give, you know, turn all of
their property over to another
[57:07]
organization over which we have no
control.
[57:12]
» And [clears throat] operationally, at
the time that I've been on the levy on
[57:15]
the land conservancy, it's operated that
way that they have the money by the end
[57:20]
of the by the end of the term.
Um,
[57:25]
and gives them some flexibility,
>> right? [clears throat]
[57:30]
» Yeah. Yeah, I mean I don't it it should
come as no surprise that the Land
[57:33]
Conservancy has the cash balance that it
does because of the efforts from 5 years
[57:39]
ago to kind of set the wheels in motion
on putting this endowment together. And
[57:44]
I and I you I agree with you Karen. I
look at it more as you know whatever
[57:49]
they decide the number is but if the
levy ever
[57:53]
» fails
the security of
[57:57]
» go away
>> 15% of the village or how much the land
[58:00]
conservancy own should never be put into
question that all of a sudden
[58:03]
» right
>> another charitable organization is is
[58:05]
being brought in on all this. So that
those dollars throw off enough to be
[58:09]
able to fund operating expenses
um
[58:13]
» plus the money they raise
>> and and the reality is
[58:18]
the way land prices are today
[58:24]
» I think it's going to be incredibly
difficult
[58:27]
» to the large tracks of land that are
left in the village I think something
[58:31]
creative is going to have to be done or
given
[58:35]
prices
[58:38]
There just isn't enough there.
>> Agreed. [clears throat]
[58:42]
» So Karen, between your and David's
comments, if we ask for a board
[58:46]
designated endowment fund,
>> if we ask for what?
[58:49]
» You go back to conservancy and talk
about the need for for a board
[58:53]
designated endowment fund $700,000 for
the purposes of bulk protection
[58:59]
» which can be used as long as it can be
replenished to that level if there's an
[59:04]
acquisition. Obviously, if there is one,
they'd bring that to the village to
[59:08]
speak about. So, we have our chance to
>> weigh in and and comment on it
[59:13]
» and that would not completely hamstring
them because they could, as you said,
[59:18]
raid that fund as long as it can be
repaid by the time the levy ends.
[59:21]
» Well, an an alternative depending on
what this the operating agreement states
[59:25]
for the split is that if they needed
additional funds and we hadn't spent our
[59:28]
levy funds that they could also ask for
those and not write the endowment. So,
[59:31]
that's another option available.
[59:40]
Are there other items?
[59:46]
» Well, I think we should talk about the
percentage.
[59:52]
» And have we come to an understanding
about the unbounding issue?
[59:56]
» Well, I think
>> I I I was trying to summarize it. I
[1:00:00]
think you have something to add. We'd
like to have the terminology be board
[1:00:04]
designated endowment fund or something
similar to that
[1:00:07]
» amount be $70,000 that amount not be the
amount is available for defense etc. um
[1:00:14]
that'll be in excess of the amount that
they currently have because they follow
[1:00:18]
what came from the national national
guidelines and that uh that amount shall
[1:00:24]
be um in that fund and can be used for
acquisition as long as it can be
[1:00:30]
replenished by the time the love ends.
>> Okay.
[1:00:33]
» Is that something that would be legal
from an endowment framework?
[1:00:37]
» I think a board designated endowment
probably can.
[1:00:41]
Well, and I would love to hear too like
I you know I know there's some members
[1:00:44]
of the W conservy board here, but it
would be good to hear what the any
[1:00:47]
challenges that we need to be aware of.
I mean, I'm not I would want to hear
[1:00:51]
their perspective on that too to know if
there's anything else we need to be
[1:00:54]
considering related to that requirement,
if there's any limitations or challenges
[1:00:57]
to implementing it.
>> Fairness to them if they care to speak
[1:01:01]
at the end, but we didn't we didn't
invite them.
[1:01:04]
» I'm saying I don't want to put anyone on
the spot. saying after you discuss that,
[1:01:08]
you know, there's concerns that we need
to
[1:01:10]
» have shared from you to us, that would
be helpful.
[1:01:13]
» Okay.
>> So, Steve, if we use the money for the
[1:01:17]
activities that you described, the four
projects and the invasive mitigation
[1:01:24]
projects that are on the books and those
that are planned out for the next five
[1:01:28]
years, how much does the village require
of it? I'd
[1:01:32]
» say 75,000
to $100,000
[1:01:35]
» a year. Yeah.
>> And that is what percentage
[1:01:41]
» the uh levy should get us 260,000.
So
[1:01:47]
um
what's the math of that? Um 30
[1:01:53]
maybe 40%.
40% of 260. If we show
[1:01:59]
that be 75
78,000.
[1:02:06]
» We need 100,000 a year and the total is
what?
[1:02:09]
» 260,000
>> in addition to what we currently have.
[1:02:13]
» That's correct. That's just on an annual
basis.
[1:02:16]
» 38,000. That's 38%. 30 or 40%. Yep.
38.
[1:02:26]
So we currently have 450.
>> Yes.
[1:02:31]
» The um levy if it passes would would
have an additional you said 260
[1:02:38]
» 260 per year for both programs.
[1:02:43]
» And you and you're and you're saying we
need in addition to the 450 we have we
[1:02:47]
need another half million. We should
plan in $100,000 a year
[1:02:54]
» for the village's expenses.
>> Okay.
[1:02:59]
» And the difference the 160 would would
be available
[1:03:05]
for conservancy
>> available for
[1:03:10]
» not given to
>> no no I'm sorry distributed to
[1:03:13]
» okay
>> 30. So then the
[1:03:18]
» 6040
>> 60 to the main conservancy 40 to the
[1:03:23]
village
[1:03:28]
» and your 100,000 that in um cuz
initially
[1:03:33]
with the invas invasives that we have
replanting.
[1:03:37]
So does that have a little cushion in it
for the unknown?
[1:03:40]
» Yes.
>> Okay. For like storm water.
[1:03:43]
» Well and you know we haven't done much
um Right. There could be storm water
[1:03:47]
issues, but you know, we we're still
working on the invasives. We really
[1:03:50]
don't have a tree planting plan.
>> So, um that
[1:03:54]
» I'm thinking more of I mean, we just I
think you said the project that we're
[1:03:57]
doing on Old Mill that we are using the
sewer district funding for would
[1:04:01]
technically qualify as a storm water
issue, right?
[1:04:05]
» So, we're already I mean, we're like 185
to $190,000 that we just spent on levy
[1:04:10]
funding that were not expected expenses.
So I just want to you know
[1:04:14]
» yeah you know and part of it Megan in
fairness to everybody you know the
[1:04:17]
village it's nice that we take these big
projects and we split up into years and
[1:04:21]
we pay for them as we go if you will but
you know after a while that stuff all
[1:04:25]
adds up these projects on Berkshire and
the sink holes don't develop overnight
[1:04:31]
and the Bergkshire problem has been
there for a long time and we fixed it I
[1:04:34]
think five or seven years ago and you
know it needs more work that we got to
[1:04:39]
just tackle these things as they as they
and not wait for keep punching the ball
[1:04:43]
waiting for something else to to fix it
two years from now.
[1:04:48]
» There's a possibility that there'll be
some grant some grant money that we we
[1:04:52]
can't
>> guarantee but we'll apply.
[1:04:57]
» Can I go to the conservancy with with
the 6040 proposition?
[1:05:01]
» I'd like to explore 5050. I think 6040
is too much. I'd like to continue what
[1:05:07]
we currently have 50
And um I think that's plenty. Plus,
[1:05:14]
we're going to ask them to come to us if
they, you know, need more. So, they
[1:05:19]
always have that opportunity.
But, um
[1:05:24]
I think that we should continue what we
currently have. You know, we're we're
[1:05:30]
hopefully going to allow the conservancy
to act like a real charity and start
[1:05:36]
fundraising in a bigger way than they
are now.
[1:05:40]
Um, so I don't think the 60 is what I
would recommend uh to have them have. I
[1:05:46]
think 50 is plenty just like we have now
what we've done in the last 5 years.
[1:05:51]
» Sure.
Thank you.
[1:05:55]
» I disagree. I think that's too much for
the village. I think 6040 is too much
[1:06:00]
for the village. I think there's a
difference between what is technically
[1:06:04]
qualified and what the villagers
[1:06:10]
would expect to be considered
what they're voting for in the
[1:06:16]
conservation levy. And I think whatever
we decide here, we certainly have to
[1:06:21]
make it pretty clear uh so the villagers
can understand that they're not voting
[1:06:27]
to buy property anymore because 50/50 is
going to put the conservancy out of the
[1:06:31]
acquisition business and that what
they're voting for is infrastructure.
[1:06:38]
Well, I think that it's better to have
more of the money in the hands of the
[1:06:45]
representatives who are elected, the
council, rather than the conservancy
[1:06:50]
that has
a board of volunteers,
[1:06:55]
because if the residents don't like what
is happening, they can vote us out of
[1:07:01]
office.
>> They can also turn down the levy the
[1:07:04]
next time it comes up.
>> That's right. They have a controller.
[1:07:07]
» That's so they um
you put it in the hands of the
[1:07:12]
conservancy, they are not elective
officials. I I find that to be a very
[1:07:17]
strong argument for keeping it the way
it is now.
[1:07:22]
» I understand that side of the argument.
And my
[1:07:28]
the other side of the argument is
what the villagers perception is. And I
[1:07:35]
think that if we did a a poll, we'd find
that most of the villagers, again,
[1:07:41]
purely my speculation, would find that
most of the villagers think this is the
[1:07:45]
the the
land conservy's levy, not the council's
[1:07:51]
levy. And that if we asked the villagers
who they trusted more to steward their
[1:08:01]
concerns about protecting Gates Mills
and they gave him the choice of the the
[1:08:10]
conservation commission or or council we
lose.
[1:08:14]
» Remember this isn't a Gates Mills land
conservancy levy. This is a conservation
[1:08:20]
levy.
I don't think Karen people make that
[1:08:24]
distinction.
>> Well, they should.
[1:08:25]
» Well, I think you know David, I think
you bring up an, you know, an
[1:08:28]
interesting point and the reality is
because of the work of the land
[1:08:32]
conservancy over the last 35 years,
we've got
[1:08:36]
number 20 25% of the village is
permanently conserved regardless of who
[1:08:42]
owns it. And it costs money to maintain
all of that property, hillsides,
[1:08:51]
erosion, river banks, issues like we had
out here behind the church. Um, and
[1:08:59]
who's supposed to pay for all of that?
And so I I understand what what you're
[1:09:04]
saying and there's there's probably some
truth in there that it's a it's it's
[1:09:07]
land acquisition, but the reality is
that was that was phase one and we've
[1:09:13]
heard from the land conservancy that the
land acquisition will slow down. Well,
[1:09:16]
now the the land that's been preserved
and conserved will likely need money
[1:09:22]
invested in it so that it stays in its
state and we don't have big pockets of
[1:09:28]
erosion. Um, again, I'm I'm not in favor
of doing culverts and and those kinds of
[1:09:33]
things. That's more infrastructure. But
when we've got erosion issues and river
[1:09:38]
banks and and other kind of storm water
runoff issues,
[1:09:42]
I I think the thought process really is
who's who's best to maintain that
[1:09:50]
property and who's going to be hiring
the contractors and the engineering
[1:09:53]
studies and all the work and everything
else. And that typically falls on the
[1:09:57]
village to handle those those big
projects. So I look at like I said the
[1:10:02]
last council meeting 50/50 with the with
the the thought that listen if there
[1:10:07]
there's ever something that comes up um
please come to to council. And you know,
[1:10:14]
I've been involved in some of those some
of those discussions and the land
[1:10:18]
conservancy knows what knows what
they're doing, but I worry about some of
[1:10:22]
the the big projects that are on the
horizon because of all of this
[1:10:28]
um
it's it's raw land and and unfortunately
[1:10:33]
you got you got to put you got to put
money into it and it's it's you know
[1:10:37]
it's unfortunate reality of the
situation I think.
[1:10:41]
Does it make sense given that we just
had a discussion about the the needs of
[1:10:47]
of the village and the distribution came
up to 6040. I guess I'm more comfortable
[1:10:54]
personally with some data behind the
distribution. And while it has been 5050
[1:11:02]
um it just seems more um defensible if
we've got some data that supports 6040.
[1:11:09]
we can put together this rough map that
we just did
[1:11:13]
worksheet and simp. [clears throat]
>> You know, to David's point, I I think
[1:11:17]
the
$64 question we have is the last uh levy
[1:11:24]
uh passed by the highest percentage of
all the prior levies, the highest
[1:11:30]
percentage of favor of all the prior
levies.
[1:11:34]
And uh I don't know whether that was
because
[1:11:39]
the agreement was 50/50 or whether that
was
[1:11:46]
villagers support supporting the land
conservancy and saying, you know, we
[1:11:52]
vote for the land conservancy. That's I
think that's the question that David's
[1:11:57]
posing is
>> was it publicized before the election
[1:12:01]
last time that it was a 5050 split?
>> Oh yes.
[1:12:03]
» Okay. And so I don't know whether that
was people coming out and saying, "Hey,
[1:12:08]
don't touch the land conservancy. We're
for the land conservancy. We vote yes."
[1:12:12]
Or whether that was people saying, "Wow,
that I wouldn't vote for it when it was
[1:12:16]
955, but now I'll vote for it at 50/50."
I, you know, we don't know.
[1:12:21]
» We'll never know.
[laughter]
[1:12:23]
» That that unfortunately that question
wasn't on the ballot, right? And um and
[1:12:29]
either one of those explanations is a
possible explanation for why there was
[1:12:35]
the highest approval percentage
um of any levy. So um
[1:12:42]
for what it's worth, it was also the
lowest turnout,
[1:12:45]
» correct for that election in history,
>> right? It was it was less than half of
[1:12:50]
prior years.
>> Uh so the percentages are are
[1:12:54]
» Yeah.
still in in overwhelmingly in favor,
[1:12:58]
» right? Overwhelmingly in favor, right?
So,
[1:13:01]
» and it gets a higher percentage than
even the operating levy at the P the
[1:13:05]
couple not I think not in 2021 but the
couple elections before that. I mean
[1:13:09]
again I think the work of the land
conservancy is I I mean amazing. I think
[1:13:14]
any use that the village has for it
needs to be under the appropriate
[1:13:18]
criteria that you know uh is in the
ordinance. Um I just I think you know
[1:13:24]
where we can have the flexibility to
make sure that we're taking care of both
[1:13:27]
sides of the equation. I think that's
ideal. Um you know 6040 to 50/50 I think
[1:13:35]
I'm probably comfortable with both of
those. I would want the data you know to
[1:13:38]
back it up. I don't see a huge
difference. It's not like a swing of 0
[1:13:42]
to 50 or 955. So
>> um I think the data would be helpful to
[1:13:46]
hear that. And again, I think anything
that's in the operating agreement um if
[1:13:50]
it's going to be that way needs to
provide that flexibility to the land
[1:13:53]
conservancy should they need those levy
funds and we haven't used them that
[1:13:56]
they're able to access them for um again
the the goals of the um conservancy
[1:14:01]
because to Scott's point, you know,
we've really operated handinhand with
[1:14:05]
the land conservancy for 35 years and
accomplishing some really great things.
[1:14:09]
So I I don't want to take that for
granted.
[1:14:12]
» I have a suggestion. Since we have
residents here, should we ask what they
[1:14:18]
think? Would that be appropriate at this
time?
[1:14:23]
» Uh, I don't know. Um, show of hands. How
many have a comment on on that?
[1:14:29]
» On what? Everything was gone before or
what?
[1:14:33]
» On a comment on the land. No, not the
[1:14:39]
» agreement. On the agreement.
So [clears throat] five, can we can we
[1:14:44]
do this with um for each of you out
there? Can you try to focus your
[1:14:49]
comments for
>> two minutes?
[1:14:50]
» Three to five minutes. Great
>> rather than so we can hear from five or
[1:14:55]
six people. Okay,
can we start with you?
[1:14:58]
» Yeah, Emily Hamilton 76.
[1:15:03]
Um, I have 50 bucket bad species. My own
nuclear and um I'm spending about $2,000
[1:15:12]
a month the summer times working on this
project in the village surrounds my
[1:15:18]
entire property and they [clears throat]
are just loaded with loaded with roses
[1:15:22]
loaded and I can't you know it would be
nice if they actually cleaned up
[1:15:28]
but I could stop and do this after
[1:15:34]
I would love to see them maintaining
that.
[1:15:36]
» When you say I know where you live, but
when you say surrounded by is that
[1:15:40]
village or is that conservancy land?
>> It's it's western reserve and geese
[1:15:46]
» and I just would like to have you know
them taking care of property because
[1:15:50]
I've got privet all the way around me
all sides and the um also the roses and
[1:15:56]
I can keep doing this but it'd be nice
for them to clean up their mess too.
[1:16:01]
Okay, thank you Sherry.
Yeah, I the [clears throat] famous movie
[1:16:06]
I sternestously object. The discussion
here was u all about
[1:16:13]
how the land consery what restrictions
have been put in the land conservancy.
[1:16:17]
But the other side of the coin we heard
a
[1:16:21]
sorry to hear back here but $300,000
$400,000 for pulverts and and stuff that
[1:16:27]
was normally considered to be road
construction infrastructure
[1:16:31]
construction. I don't know the
distinction. The two [clears throat]
[1:16:35]
things I did not hear. The two things I
have not heard are a $200,000 commitment
[1:16:42]
for planting trees. We talk about all
this water runoff stuff. There is
[1:16:47]
nothing like a tree to manage water
runoff. $200,000
[1:16:53]
is a thousand trees. Drive up Brighgam
Road. There's a dozen trees that have
[1:16:58]
been that have been blown over and been
destroyed in the last three or four
[1:17:02]
years. I've heard no discussion about
when are they going to be replaced. Um
[1:17:09]
second issue which I consider even more
important when is the village going to
[1:17:14]
hire their certified highquality
arborist
[1:17:18]
works for the village that in imposes
his technical skill in in the permitting
[1:17:24]
process. So we get control how trees are
cut down and how tree how programs are
[1:17:29]
improved are approved through the
various through architecture review or
[1:17:34]
planning and zoning or some combination
ideas been thrown around everybody a
[1:17:39]
year but if if if I heard okay we're
going to put for example $25,000 away to
[1:17:46]
hire that really good guy working for
the village and not working for the for
[1:17:51]
the applicant. These these are the
things that I wouldn't want to hear
[1:17:54]
other than than the spread in the normal
discussions of I think incidentally what
[1:18:00]
is the western reserve do about the
basin species does anybody know
[1:18:09]
that's my point we'll find out
[1:18:17]
if nobody else wants
so the point about the lucky passing by
[1:18:23]
such a high percentage.
The people that I talked to in the
[1:18:28]
village
are very surprised to learn that the
[1:18:32]
consery is its own entity. There is not
a clear understanding by a number of
[1:18:39]
villagers of how much autonomy it
actually has.
[1:18:43]
So for what it's worth, they may be
supporting the conservancy under false
[1:18:50]
premises
about how much control council has when
[1:18:54]
they find out that the conservancy can
buy land and
[1:18:59]
there's nothing that the village can do
to stop them under the current um
[1:19:05]
agreement.
That that's concerning for a large
[1:19:09]
number of people and they don't believe
me. But as you told me, Steve, at the
[1:19:14]
last meeting, that's absolutely correct.
You can only advise. So, I question the
[1:19:21]
74% that uh supports it. Sure, I support
it until I find out the what do they say
[1:19:29]
that the dangers and the details.
I'd just like to s to support what has
[1:19:35]
just been said because I've lived in the
village for almost 30 years and I uh
[1:19:41]
admit admittedly have not been very well
informed about how the land conservancy
[1:19:47]
operates and I have made an effort
recently to become more informed and you
[1:19:53]
know when we vote
you know you come you come here you you
[1:19:58]
know the the levy is on there and and
I'm ashamed came to say that I look have
[1:20:05]
looked at it for obviously a number of
times and said well I guess I'll just do
[1:20:09]
it. So I I think that the important
thing here is that yes a lot a lot of
[1:20:16]
people are informed but I to your point
I think that there's many many more that
[1:20:22]
are not fully informed on how the
conservity conservancy works in
[1:20:27]
conjunction with the village and I think
that communication is very very
[1:20:32]
important
>> and should be put out before if you
[1:20:37]
really want an informed electorate
that's going to make a decision based on
[1:20:41]
facts, then they need to know those kind
of things.
[1:20:45]
» Okay. Thank you.
Anyone else?
[1:20:49]
» Yes.
>> I'm Ruth and I live on Gatesville
[1:20:53]
Boulevard. And when they were going to
develop the 17 acres behind us, my
[1:21:00]
husband who's now deceased, we went
around and informed everybody exactly
[1:21:06]
what was that issue. And so we convinced
the state and the people that were, you
[1:21:13]
know, either behind it or core of it and
so on that we all put in and decided
[1:21:21]
what we would do to preserve that and it
is now conservatory but we pay taxes on
[1:21:28]
because when we die then we can put it
into the conservatory but right now I
[1:21:34]
get a tax bill twice a year but because
It's limited. I don't pay much.
[1:21:39]
» It's not the same rate as my rest of my
couple acres. But the point is that we
[1:21:45]
didn't want to have a problem back.
There was 17 acres that belonged to the
[1:21:51]
school board and they wanted the money.
Well, they didn't care what was going to
[1:21:57]
happen. They wanted the money. I mean,
you know, sometimes I have a problem
[1:22:01]
with Mayfield schools because they don't
understand what they're actually doing,
[1:22:08]
but we put a 10-year lean of taxes on
our regular property that we pay and it
[1:22:17]
just went off recently. And the people
on the street behind Gates Mills that's
[1:22:22]
off of 91, they had to do the same
thing. So everybody was happy went after
[1:22:28]
the 10 years. But the conservatory is
supposed to maintain the properties that
[1:22:35]
they own as a conservatory. But they're
not doing that. So they have to be told,
[1:22:42]
you either do the maintenance or you're
not doing your job. So why should we
[1:22:48]
give you all this money? Instead, the
village itself should have to maintain
[1:22:53]
it. So, no one comes behind me and says,
"We're maintaining that. There's a creek
[1:22:59]
back there." There was a bridge that was
there when I moved in. Well, the bridge
[1:23:05]
got beat up after a while. So, recently
I had to rebuild the bridge because if
[1:23:12]
children go back there, they tell me,
"Oh, this is p public land. We are
[1:23:16]
allowed to play back there." I said,
"No, it's my land. get off because I
[1:23:21]
can't be responsible for other people's
kids playing in that woods when there's
[1:23:27]
a creek back there. And I made sure the
new bridge was up to standard so that
[1:23:33]
they couldn't put their heads through it
or whatever. But see, the pink sheet is
[1:23:38]
sent out every month.
By the way, all you speak up while we're
[1:23:43]
sitting back there. We can't understand
you. You, the mayor, every mommy. I go,
[1:23:48]
I can speak loud enough. So can you.
In the pink sheet, you give a space to
[1:23:55]
the L conservatory and you tell them to
explain exactly what they're doing and
[1:23:59]
how they're doing it and how they're
spending the money they want from our
[1:24:03]
taxes. If they don't do that, then it
should be a different group in the
[1:24:09]
community that starts maintaining this
because number one, our taxes are high.
[1:24:14]
A lot of it goes to the schools which we
have a right to know how they're
[1:24:19]
spending their money. And the other
thing is exactly how every penny is
[1:24:24]
spent to maintain the village, maintain
the roads, maintain anything around here
[1:24:30]
so that it makes a good community for us
to have when other people want to buy
[1:24:36]
houses and so on. What are the real
estate people telling them about this
[1:24:41]
village? what makes it desirable to live
here. And if they can't tell that and
[1:24:47]
nobody is telling them about it, then
we're committing fraud when we try to
[1:24:53]
sell a house. If you're not giving a
person a reason to live here because so
[1:24:59]
many the first thing they want when they
move in, they go, "Can't we put street
[1:25:03]
lights in? Can't we put sidewalks in?" I
go, if you wanted sidewalks, if you
[1:25:08]
wanted [clears throat] street lights, go
over to Mayfield Heights, go over to
[1:25:11]
Mayfield Village, go to Lynhurst. Sorry.
This is the way we structured this.
[1:25:20]
And the other thing people don't
understand, and I've had to, you know,
[1:25:24]
this garbage collection, please think
about it because they're not doing a
[1:25:28]
good job.
God help you if you don't put your
[1:25:33]
recycle bin out and then you put it out
and you're waiting and waiting waiting.
[1:25:37]
Well, we're going to come tomorrow and
say
[1:25:40]
I go,
"Why did I bother bring it out?" So,
[1:25:47]
think about what makes this village
unique, why you want to live here, and
[1:25:52]
if you don't, then tell them don't buy
the croc because our taxes are high for
[1:25:58]
what we get.
So the thing is that you're on council
[1:26:03]
and you're representing us. Make sure
you find out what we have to say about
[1:26:09]
certain things
because I sold real estate years ago. I
[1:26:15]
was a single woman and that was how I
made it through working as a teacher
[1:26:20]
because years ago they didn't pay us
very well and we had no benefits. So now
[1:26:28]
I'm retired. My husband is deceased. So
I'm still maintaining a house that is
[1:26:33]
very costly to them.
But I also realize it's because I choose
[1:26:39]
to live here.
So that's what you should stress with
[1:26:44]
your neighbors and so on.
I told people about the meeting and you
[1:26:49]
know maybe
come because you have a right to know
[1:26:56]
what's going on and the people on the
committee here need to know how we feel
[1:27:02]
about things.
>> Thank you Dorothy.
[1:27:05]
» Thank you Dorothy.
[1:27:08]
So, I was wondering if the language
could be tightened up a little bit
[1:27:11]
because I think what people are
expressing is a concern that levy
[1:27:15]
funding can be used for acquisitions and
other things besides maintaining
[1:27:21]
conserved property. And I think people
would feel a lot better if people just
[1:27:26]
restricted to conserving
maintaining property owned by of owned
[1:27:33]
that by the land in which that land
conservancy owns an interest whether
[1:27:37]
it's an easement or interested. They
should have an obligation to maintain
[1:27:42]
their property and the fund should be
applied for maintenance and
[1:27:47]
conservation. It shouldn't be so the
language shouldn't shouldn't be so loose
[1:27:51]
that they can use it for other things
like land acquisition. Why should we be
[1:27:55]
including their acquisition of other
property when they're not maintaining
[1:27:59]
property that they have and neighbors
have to pay for
[1:28:03]
invasive species on their property
because the land that conservy owns is
[1:28:09]
not being properly maintained. They
should have an obligation to maintain
[1:28:12]
their property and that's what the funds
should be used for, not for
[1:28:17]
miscellaneous types of purposes. There
should be a clear obligation. That's
[1:28:22]
what the word
>> I think it's preserve, protect. Um
[1:28:25]
there's four there's four action verbs
that are in the ballot language and in
[1:28:29]
the agreement in terms of what the what
the money could be used for
[1:28:34]
» preserve protect and there's
[1:28:38]
the thing that le acquisition
[1:28:43]
other things
>> okay
[1:28:46]
» and I think in the should have an
obligation do they have an obligation to
[1:28:50]
maintain their property
>> I I you know look at
[1:28:55]
three years ago, did did anybody talk
about invasives? We even know what
[1:28:58]
invasives were except for Emily.
You know, it's it's become the thing.
[1:29:04]
And um you know, I think it I think
we're probably the uh at the leading
[1:29:09]
edge or what have you of municipalities
that are doing things about it.
[1:29:12]
Certainly seems putting money aside and
actively working on it. So, I I don't
[1:29:17]
want to taint them with that, but
I I think they know that they need to
[1:29:22]
maintain their property and think they
do site visits and uh make sure the
[1:29:26]
fences are up and so on. We'll let them
speak to that. I'll bring that up to
[1:29:29]
them.
Perhaps there's some language as council
[1:29:33]
looks. They may want to tighten some
things up. Is there anything else on the
[1:29:37]
conservation on the conser on the
operating agreement? Let's call it that.
[1:29:44]
If not, I'm going to go forward with
what you what you provided me in the
[1:29:46]
last hour or so. Okay. I'd like to bring
back a document at the next council
[1:29:51]
meeting.
Okay. David,
[1:29:56]
what plan are you intending to have this
agreement made by council
[1:30:03]
in time for the beginning of early
voting the 6th? Is that your plan?
[1:30:09]
» My plan would be to have a conversation
with them in the next seven to 10 days
[1:30:13]
and um be able to
already got it on his computer. Give him
[1:30:18]
some specific direction on on what to
change and be able to bring it back to
[1:30:22]
the next council meeting on I think it's
September 15th, but here's a draft that
[1:30:27]
both parties have agreed to. Um
recognizing, you know, they've got 15
[1:30:33]
people, we've got seven or eight. you
know, 23 people can't negotiate a
[1:30:37]
document, so it'll have to have some
flexibility to it. But hopefully it has
[1:30:42]
the structure of what we've all just
talked about and we can look at the at
[1:30:46]
the wording as opposed to the big
issues.
[1:30:49]
» One other thought, this is just an idea.
Um, [clears throat]
[1:30:52]
I think that you you talk about the
operating agreement and incrementing
[1:30:58]
from the 2021 version, that's one way of
doing it. I think you ought to stand
[1:31:02]
back and say why do we need an operating
agreement
[1:31:06]
and build a case for having an operating
agreement that faces the future doesn't
[1:31:12]
behave the [clears throat] past and I
think you find a lot a lot of things in
[1:31:16]
here that uh
that we want
[1:31:20]
» well first of all uh welcome back I know
you were in the hospital for a while so
[1:31:24]
it's nice to see you physically here and
I'm glad that you recovered and
[1:31:27]
» I've not recovered back
>> well you're We've covered enough to be
[1:31:32]
to be in our presence. So, thank you for
that. And if you've got specific
[1:31:35]
comments, send them along. I'll be happy
to.
[1:31:37]
» I have done many times.
>> Just asking you want to do that. I'm not
[1:31:41]
going to dig in for If you've got a few
things that are um helpful, send me one.
[1:31:46]
Thank you.
>> Let us make one observation very short.
[1:31:51]
Um in 2021 when this whole thing was
renegotiated, the operating agreement,
[1:31:56]
the Navy for the most recent time um
that was a very very um argumentative
[1:32:03]
and very difficult period of time. The
village was running out of money. It was
[1:32:08]
projecting short-term medium-term
deficits. That was a big fight about how
[1:32:13]
much money should go to the conservancy.
[clears throat] But in spite of all that
[1:32:22]
debate, they got the levy on the bot on
the ballot in a timely fashion and they
[1:32:29]
negotiated
the concerns in the village an agreement
[1:32:33]
which became
live under. Um I don't know why this has
[1:32:37]
taken so long. Five years ago we knew
this was going to be coming up. Now,
[1:32:42]
beginning of this year, you established
a committee to to solve this problem for
[1:32:46]
us in a timely fashion. That simply
hasn't happened. And I don't know why. I
[1:32:51]
just simp don't understand it.
>> Well, we are where we are today and
[1:32:54]
we're moving forward.
>> Well, I know that why we are why are we
[1:32:57]
where we are today? I mean, it just
hasn't worked.
[1:33:00]
» It hasn't worked.
>> Worried about
[1:33:04]
» Thank you for your comment.
Okay, I'll go forward with that. Uh,
[1:33:08]
last item on here is discuss filling a
vacancy on council. I asked Sandra to
[1:33:14]
share her thoughts on this. We went back
to the time we did this with Ed Walsh's
[1:33:18]
passing and some of the procedures that
we followed. She wants to run those by
[1:33:22]
you and see if that's uh
>> agreeable to you.
[1:33:27]
» All right. So, the last council um
had the occasion to uh to appoint a
[1:33:33]
council member. Um the way the
requirement that we have as a council is
[1:33:39]
to appoint someone within within 30 days
of uh of John's uh res resignation. When
[1:33:46]
we did this um a year and a half ago,
there were five candidates that had
[1:33:52]
come, you know, come forward. Um what we
what we did is u put out a notice um of
[1:33:59]
you know the vacancy and invited people
to submit a letter uh and and a resume
[1:34:06]
um about their qualifications and uh and
interest. Um this year
[1:34:14]
we are within the deadline for getting
this information out in the pink sheet.
[1:34:20]
So, if we can settle on a process th
this evening, I can get the information
[1:34:26]
to Gail tomorrow morning. It'll be in
the pink sheet, which which is great
[1:34:30]
because that'll go out to, you know,
hopefully all all the residents. Um,
[1:34:34]
other ways of of communicating that we
we've used as Gates Mills Connect um
[1:34:40]
putting it on the websites and uh
putting up flyers in the in the
[1:34:43]
buildings around the uh around the
village.
[1:34:48]
The only requirement of for applying is
that you be a resident of the village um
[1:34:53]
and have a minimum of three living here,
a minimum of three years.
[1:34:58]
Um
what we what we did uh last time was
[1:35:03]
conduct um before the before the
deadline for submitting your interest
[1:35:07]
and your resume. We had a um uh an
information session for prospective
[1:35:14]
council applicants and that was
conducted by the mayor and by um by Todd
[1:35:19]
and uh I think it was a you know
wellreceived um session because you know
[1:35:25]
truly people have no idea really about
what goes on in council and we didn't
[1:35:30]
cover everything in that meeting but it
at least was a was a primer and if
[1:35:34]
people were still interested after that
um after that meeting you know there the
[1:35:38]
deadline to uh um to submit your your
your interest through resume. The next
[1:35:44]
thing we did is conducted interviews um
in private individually. So of the five
[1:35:50]
candidates. Um we did that on a Saturday
morning which seemed to work out pretty
[1:35:54]
well for council and for the um you know
for the candidates. And then after that
[1:35:59]
there was a council discussion on
another date and a and a and a vote
[1:36:03]
majority vote to select that to select
that new uh council member. Um and then
[1:36:10]
the person was approved at the uh next
council meeting. So working backwards uh
[1:36:17]
I was I was just well you know before I
talk about a a dead timeline. Does that
[1:36:23]
process seem seem fair? um something
you're interested in participating in.
[1:36:30]
Um so ideally if we had a candidate
before the September 15th and could vote
[1:36:36]
on it on that council meeting that would
allow us to have you know a candidate on
[1:36:40]
board um without having a special coun
special council meeting. So, um, it's
[1:36:47]
possible that as early as tomorrow,
information could could go out about
[1:36:51]
about this vacancy and certainly the
pink sheet comes out on the 1st or 2nd
[1:36:55]
of September. So, that's that's kind of
soon enough, too. Um we have Labor Day
[1:37:01]
coming coming up and I wouldn't want to
do anything on that Friday through
[1:37:05]
through Monday but um
that that Tuesday, Wednesday, you know
[1:37:11]
September 8th or 9th might be a good day
to um conduct the information session.
[1:37:18]
um that Friday is the 11th and I was
thinking that that would be a a deadline
[1:37:25]
to to submit um because we would have
notified them by September one um
[1:37:32]
in the pig sheets and other other ways
and they don't have to go to the
[1:37:37]
information session but anyway that
gives them almost if they have to submit
[1:37:41]
by the 11th it's almost well week and a
half um to to [clears throat] submit. Um
[1:37:48]
I was thinking if the interview there's
a Saturday, Saturday the 12th if we did
[1:37:53]
the interviews um that date and then
you know the next day or later that day
[1:38:02]
had the council discussion and and and
vote um and then confirmed it on that
[1:38:08]
following Tuesday which is the 15th in
the council meeting.
[1:38:13]
» Sounds good.
[1:38:17]
that there.
[1:38:23]
» Okay. So, we'll we'll I'll work with the
staff to put that together.
[1:38:27]
» We get something in the Valley Times
[1:38:33]
Valley.
>> Okay. Thank you. All right. Thank you.
[1:38:38]
» Thank you.
So,
[1:38:42]
sorry. It's the 11th we're looking at
for the interviews
[1:38:44]
» for the deadline would be Friday,
September 11th, and the interviews would
[1:38:48]
be Saturday morning the 12th.
>> Okay.
[1:38:56]
» Um well, Saturday morning the 5K.
>> Yeah. Yeah.
[1:38:59]
» We're out of town.
>> Maybe Sunday.
[1:39:02]
» Um last year or the last time we did do
this was actually on a weekday because I
[1:39:05]
remember
>> the interviews.
[1:39:07]
» Yes.
Mhm.
[1:39:12]
» I think it's for the other two, but
>> Yeah. Okay. Did it on a Saturday.
[1:39:16]
» Okay.
>> So, okay. I mean, what do you think?
[1:39:20]
» So, yeah. I was like, where do I have
the 12? Where do I have the 12?
[1:39:22]
» Yeah. And you're out of town. You're out
of You're out of town.
[1:39:25]
» You're out of town.
>> The whole weekend.
[1:39:27]
» No, I was wrong.
>> Oh,
[1:39:29]
» I thought the fun run was this this
weekend.
[1:39:31]
» Oh, yeah. So, the 12th. So, the morning
of the 12th. So, is because I realize it
[1:39:35]
because it's Roshashana and I know
that's that was one of the open dates
[1:39:38]
for the race. So, Um, so, uh, the
morning of the 12th would be bad for me,
[1:39:43]
but we are done at 11:00. So, if we did
later, that would be fine. Um,
[1:39:52]
» so, Saturday afternoon or Sunday
morning?
[1:39:55]
» Not Sunday morning.
>> Yeah.
[1:39:57]
» All right. Saturday afternoon.
>> Mhm.
[1:40:07]
And I and we had and you know we'll
detail this out but each interview was a
[1:40:12]
certain length of certain length of time
everybody we prepared questions
[1:40:17]
everybody had their own own question the
same questions were asked of each
[1:40:22]
candidate. Um sometimes there was an
additional back and back and forth
[1:40:28]
but I think the process worked worked
well.
[1:40:32]
» Well
that was great. we just dust it off
[1:40:36]
again. We kept everything. So, it's
great that you kept all that stuff
[1:40:39]
rather than having to recreate it all.
>> Um,
[1:40:42]
the only other thing I'll note, I I am
in DC for work the 14th. So, be here,
[1:40:47]
but I could if we did an evening if we
for what whatever we need to decide. So,
[1:40:51]
if we're interviewing on the Saturday,
>> okay,
[1:40:52]
» I don't know if we're trying to avoid
the Sunday.
[1:40:56]
» Sunday. So, Monday would be the
>> Yeah, I would it would have to be in the
[1:41:00]
evening and I would have to zoom in.
>> I I don't think I'll be flying back.
[1:41:04]
Yeah, if we did it on the 14th. So, or I
guess we could decide after we
[1:41:08]
interview, but
>> yeah, we could decide after the
[1:41:10]
interviews.
>> Yeah.
[1:41:14]
» Yeah. The advantage of having a day is
you have a chance to kind of Friday a
[1:41:19]
little bit
>> as a backup
[1:41:21]
» Friday
>> the 11th
[1:41:23]
» or the interview
>> instead of changing it is the deadline.
[1:41:26]
Make the deadline like that Thursday the
10th and then do it on Friday
[1:41:32]
the 11th. So not just
>> yeah that we'd have to do that in the
[1:41:36]
evening for people who might be working.
>> Okay.
[1:41:38]
» So
>> your choice Friday evening or Saturday
[1:41:41]
evening?
>> Saturday afternoon
[1:41:43]
» or afternoon? I'm sorry.
>> It's going to be after Saturday. Yeah.
[1:41:49]
» Okay.
>> All right. All right. So Saturday.
[1:41:52]
» All right. Thank you.
>> Can I have a motion to adjourn our
[1:41:55]
meeting? So moved.
>> Thank you. M second. Thank you. Roll
[1:41:58]
call.
>> Yes.
[1:42:01]
» Greco.
>> Yes.
[1:42:03]
Yes.
>> Yes.
[1:42:06]
» Yes.
>> Yep.
[1:42:08]
» Thank you all for attending what I have
to do.
[1:42:11]
» Okay.
[1:42:15]
» Yes.
[1:42:18]
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