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730, where I'm going to go ahead and get started.

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I'd like to call this meeting to order. This is a duly notice regular meeting of Hudson City Council held in accordance with the Sunshine Laws of the State of Ohio, Section 121.222, and the City of Hudson Charter Article 3, Section 3.02, for Tuesday, September 15, 2020. It is 730 p.m.

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I'd like to take a moment, welcome everyone who is here in attendance tonight, as well as those who may be watching remotely via the HCTV video feed.

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We'll close section one and then move on to section two, Pledge of Allegiance.

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If you're able, we please stand and join me.

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Thank you everyone. That was maybe the second best Pledge of Allegiance other than when the Boy Scouts were in attendance.

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Thank you.

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We'll move on to section three for roll call.

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Mrs. Wheeler, will you please call the roll?

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Dr. Bird.

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Mr. President.

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Mr. President.

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Mr. Ameau.

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Here.

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Dr. Gats.

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Mr. Sutton.

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Mr. Weinstein.

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Mr. White.

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Thank you, Mrs. Wheeler. We do have a quorum tonight with all seven members of Council.

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We will close section three and move on to section four, which is approval of the minutes.

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Item A is number 26-0074.

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These minutes will include the August 10th, 2026 Council and Planning Commission joint meeting

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on Clinton crossing in those minutes. Also, the September 1st, 2026 Council meeting

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minutes and the September 8th, 2026 Council workshop minutes. Do we have a motion from Council

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to accept the minutes as provided? I move to accept minutes as provided. Thank you, Council

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We have a second.

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Second.

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Thank you, Council President Bird.

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Is there any discussion from Council on the Minutes as provided?

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Seeing no comment or discussion.

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This is Wheeler.

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We please roll call of vote on the motion to pass and approve the Minutes as provided.

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Dr. Bird.

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Mr. President.

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Yes.

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Mr. President.

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Yes.

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Dr. Weinstein.

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Mr. White.

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Thank you, Mrs. Wheeler.

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The approval of the minutes has provided passes by a vote of seven in favor to zero against.

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We'll move on to section five for proclamations. We do have four proclamations tonight.

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Item A is number two six dash zero zero seven five. I'll read that in its entirety.

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Special recognition of the two thousand and twenty six mighty Vincent project.

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We're as the city of Hudson, Ohio, which is to recognize the continued work of mighty

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Vincent.

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A Hudson-based 501C3 nonprofit organization dedicated to bringing joy, compassion, and love

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to the world by facilitating volunteering service and by creating awareness of those in need.

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And we're as mighty Vincent builds upon five prior years of organizing service projects, which

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and 35 volunteers, providing 6,000 and 17 hours of in-person community service to 31 non-profit

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organizations, while raising more than $108,000 to support the poor, and vulnerable, including

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those served by the Society of St. Vincent DePaul. And whereas, might events and provides

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an annual opportunity for all in Northeast Ohio and beyond to make the world better through

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in-person service projects, acts of kindness, charitable donations, consideration to participate

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in the friends of the poor walk to benefit the society of St. Vincent DePaul, and other

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community service actions and efforts that we may individually find applicable within

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our lives.

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And whereas Mighty Vincent envisions a world in which being a good Samaritan is the default

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response to human suffering.

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A society grounded in sensitivity to the vulnerable and marginalized, and a day when works of

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mercy are taken for granted habits.

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Now therefore I Jeffrey L.A. and Zavino, mayor of the City of Hudson Ohio, do hereby proclaim

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the week of September 9th through September 27th, 2026, as the 2026 might events in

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project in the City of Hudson and I urge residents to recognize this observance.

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In witness where I have here on to you set my hand and cause the seal of the City of Hudson

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to be fixed on this 15th day.

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May of September, 2020 and 26. Are there any comments from council on the proclamation tonight?

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That's where it gets.

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This 501C3 does excellent work for our city and is such a good role modeling for our children.

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Thank you, councilor Gets. Additional comments from any council members?

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I just want to say thank you for all of the work that you have done over the years.

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I know I've got to go on the walks and see you there.

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I love seeing all of the good works that comes from the mighty Vincent project.

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And it is a real honor that that is in our community and spreading that love and kindness that you do.

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Thank you.

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Thank you councilor Weinstein any additional comment from council members? Council President Bird?

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So, I love this sentence in here that might even spend some visions of the world in which being a good Samaritan is the default response.

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I mean, that is just so important today in this world, and it's kind of a mindset that we all need to adopt.

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Thank you.

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Thank you, Council President Verde.

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Any additional comments from Council members?

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Any comments from staff?

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I will just add Lindsey, it's been amazing to see what your family and the board and all of the volunteers have done and to see those numbers continue to just creep up.

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If you could tell, I emphasized those numbers when I was reading the Proclamation because they really are impressive.

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I've done some past work, I've been in all the walks with you and I'll be there again next weekend.

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So thank you for what you do for our community and the broader community.

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Thank you.

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If there are no further comments, be honored to present the proclamation to Lindsey, yourself, any of your board members in person.

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Thank

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you again and congratulations. We'll move on to item B under proclamations, which is number

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26-0076. I will read that in its entirety as well. It's the proclamation, special recognition

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of Jacob Meachum, whereas on a recent occasion in our community, Jacob Meachum and his friend

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encountered an unforeseen emergency when Jacob's friends sustained an injury that left him

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unable to move and an urgent need of assistance. And whereas Jacob demonstrated extraordinary

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calm, clarity, and composure well beyond his years, recognizing the seriousness of the situation

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and acting decisively to ensure his friend received the critical assistance he needed.

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And whereas Jacob successfully communicated detailed information about their location, an

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area that would have been extremely difficult to find without his accurate guidance.

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Thereby enabling responders and family members to reach the scene quickly and effectively.

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And whereas throughout the incident, Jacob not only secured help, but also provided steady reassurance

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to his injured friend, helping him remain calm, during a frightening and unpredictable circumstance.

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And whereas such exceptional conduct exemplifies bravery, responsibility, and compassion,

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qualities that reflect the highest ideals of our communities' youth.

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Now therefore I, Jeffrey L. Anzavino, may of the city of Hudson, Ohio, do hereby recognize

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Jacob Meachum for his outstanding actions during a moment of crisis, and for the extraordinary

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leadership he displayed. I encourage all residents to recognize Jacob, whose actions serve

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as an inspiration to us all. In witness where I have here on to you set my hand and cause

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the seal of the city of Hudson to be effect on this 15th day of September, 2026.

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Do we have any

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comments from council.

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That's a white. Yeah, this was an incredible display of courage and bravery to step up when it matters most in under very intense pressure. So the community is very proud of you. Jacob, and I hope that you are proud of yourself. Great work.

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Thank you, Councillor White. Additional comments from council members? Councillor GANS?

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Jacob, maybe you need to think about going into police or fire or EMS. We could use a person of your caliber.

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Thank you, Councillor Gats, additional comment from Council members, Council of Duramo.

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You're going to make things, I'm sure your parents and family are so proud of you and

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keep up the good work for our community, so glad to have you here tonight.

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Thank you, Council of Duramo, any additional comment from Council members?

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Comments from staff?

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Council President Burden?

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I will just add that resident contact of the city and that message got to me and they

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what can we do to recognize this young individual and first off they said can we do something

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and I said absolutely this is the thing that we want to highlight and recognize within our city

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and it's just a great example of everything that we stated in the proclamation and I'm more than

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honored to read this presented to the family and Jacob who is here tonight he's hiding in the back

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So if there are no other comments, Jacob and your family, if he would please come forward, I'd be honored to present the Proclamation to you.

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But the appreciation and gratitude, so this is for you, thank you, I'm

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happy to be here.

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Congratulations and thank you again, the Jacob and his family.

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We'll move on to our third of fourth proclamations tonight.

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This is item C, number two, six, dash, zero, zero, seven, seven.

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This is a special recognition of the Hudson Kiwanis Club's 75th Anniversary.

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I'll read that in its entirety.

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Proclamation, special recognition of the Hudson Kiwanis Club, 75th Anniversary.

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Whereas since it's founding in 1951, the Hudson Kiwanis Club has been a steadfast champion

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for children, families, and the greater good of the Hudson community.

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And whereas the club's members have generously given their time, talents and resources to projects that inspire learning, promote leadership, and foster a spirit of service among all ages.

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And whereas through scholarships, youth programs, community events, and hands-on volunteer work, the Hudson Kiwanis Club has touched countless lives and strengthened the bonds that make Hudson a vibrant and caring place to live.

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And whereas the dedication, fellowship, and civic pride demonstrated by the Hudson Kiwannis Club serves as a shining example of what can be achieved when neighbors unite for a common purpose.

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And whereas September 24th, 2020, marks the 75th anniversary of the Hudson Kiwannis Club, which was locally chartered on that date in 1951.

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and subsequently receive their National Kiwanis Charter on November 12th, 1951.

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Now, therefore, I Jeffrey L.A.

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We know may of the city of Hudson, Ohio, do hereby honor and commend the Hudson Kiwanis Club for their legacy of service and enduring commitment to building a brighter future, and therefore proclaim September 24th, 2026 as Hudson Kiwanis Club Day, in the city of Hudson, and I encourage residents to recognize and support the ongoing contributions of this outstanding organization.

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In witness whereof, I have here on to set my hand and clause the seal of the city of Hudson to be a fixed on the 15th day of September,

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2026.

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Are there any comments from council?

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Councilor Weinstein?

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I'll just say you all have done so much good work in Hudson.

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I do have a favorite.

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When my oldest was an infant, I was very afraid to take her to a pool, and I didn't want to.

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And my husband said he wanted to run for council and I said, I want to splash pad and he made that campaign promise to me and had no idea how he was going to keep that campaign promise.

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I worked with the city manager, I said, go talk to Kuanus, they love the ideas, you all were in and he was very excited when that splash pad had that groundbreaking.

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So my family, whenever we see it, we think of that and we love this space. It's such a great safe space for kids to play in the water.

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I love driving by and seeing the community there, the community together, just enjoying that space and enjoying each other.

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So the work you all do is really the fabric of our community.

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So thank you, and I know my husband says,

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thank you for helping you keep this campaign promise.

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Too many people, but also to me, I think he was maybe

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most afraid of me, and so he definitely appreciates you all.

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Thank you.

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Thank you, Councillor Weinstein.

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Additional comment from council members?

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Council, Councillor White, excuse me?

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Yes, I just want to thank the colonists Hudson club for everything

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do for the kids and families in the community. I've been fortunate enough to help coach baseball

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with the Cuanas Program for years. It's a well-oiled machine. Everyone's having fun out there. They're

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learning a lot and just really appreciate you guys and continue to do that year over year. So happy

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75th and keep it going. Thanks. Thank you Councillor White. Any additional comments? Councillor Garema?

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Yeah, I just wanted to thank everyone in the mirror set it perfectly. You know the Hudson Cuanas gloves

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She serves as a shining example of what can be achieved when neighbors unite for a common purpose.

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So thank you guys and look forward to working with you.

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Thank you council of Dremo additional council comment.

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Any comment from staff?

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I would just add that it was my pleasure working on this proclamation with the group and looking forward to attending your dinner,

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Gala, extravaganza that you have coming up here later in the month.

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I believe that's is it next Thursday?

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Yes, so I will be there.

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It would be my pleasure if you would come forward to officially accept the

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Proclamation.

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You just want to make sure that you can

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do

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this in the background.

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We want to thank you, Mr. Mayor, and this is great and honor for us to

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receive.

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And we also really want to thank the community for their support.

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When Dr. Weinstein mentioned the splash pad, we are known about the splash pad, but we're

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also known about past couple scholarships and we have an extensive footprint in the community

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and I'd like to say we want to continue for the next 75 years. I won't be there for that,

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but we'll continue to support this community the best way we can. Thank you very much.

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Thank you and congratulations again.

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We'll pause for a moment and continue with our last

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proclamation on the

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Thank

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you. Item D is number 2-6-0078. This is a proclamation for a special recognition of Constitution week,

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2020-6. Whereas the United States Constitution, America's most important document, stands as a

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testament to the tenacity of Americans throughout history to maintain their liberties, freedoms,

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and inalienable rights.

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And whereas Constitution Week started by the daughters of the American Revolution, it celebrated annually during the week of September 17th through 23rd.

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To commemorate its history, importance, and bring attention to how it serves still today.

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And whereas it is fitting and proper to accord, a official recognition to this magnificent document, and its memorable anniversary,

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and to the patriotic celebrations which will commemorate the occasion.

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And whereas public law 915 guarantees the issuing of a proclamation,

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each year by the president of the United States of America,

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designating September 17th through September 23rd as Constitution Week.

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Now therefore I, Jeffrey L. Anzvino, mayor of the city of Hudson,

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hereby proclaim, September 17, through September 23, 2026, as Constitution Week in Hudson, Ohio,

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and I urge all citizens to study the Constitution and reflect on the privilege of being an

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American with all the rights and responsibilities which that privilege entails. In witness

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where I have here on to set my hand and cause the seal of the City of Hudson to be fixed on

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15th day of September, 2026.

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Are there any comments from council members?

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Any comments from staff?

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Diane, you're where are you at?

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You're hiding back there.

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Always a pleasure to work with these with you

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on these proclamations and happy and honored to present

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this officially to you again this year.

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If you please come forward, I'll officially present you

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with the proclamation.

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Just to let everybody know, our chapter along with Stowe's Cogophiles and Akron have gotten the revolutionary war exhibit that will be at the Cogophiles library from October 4th through the 17th.

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So I invite everybody to come review it, look at it.

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It's supposed to be really spectacular.

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So please, please come.

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It was something, it's a traveling revolutionary work,

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so we were lucky that we actually got it.

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Okay, thank you.

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Thank you, and congratulations.

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We will take a short pause.

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Thank you, everyone, that does close out section five for proclamations.

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We will move on to section six on our agenda, which is public legislative hearing.

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That is item A, number two, six, dash one, one, eight.

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This is a resolution authorizing a settlement of the Prestige Builder Group LLC, versus

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the City of Hudson lawsuit, and related claims surrounding the Canterbury Meadows development.

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And please bear with me.

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I'll give a little bit of a background here before we start with some information from

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the city. So tonight we will be accepting testimony on the proposed settlement agreement between

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in the city and the development.

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We will start with some opening remarks from the city's outside legal council, Michael Cicero, and then turn the floor over to Sarah Kelly and Delaney Sillman with planning next.

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Planning next is an outside independent zoning expert that the city retained in order to evaluate and provide advice on whether the proposed replacement,

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development plan meets and or exceeds the requirements of the city's land development code

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and how it aligns with the city's most recent comprehensive plan from late 2024.

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The next step would be initial testimony from the developer, however it is my understanding

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that that step is being wave this evening. Please note that the developer does have the right

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to enter final comments via testimony after all public comment has concluded.

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We will then continue this evening and open the floor to anyone who owns property within

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300 feet of the proposed development.

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As always, please allow me to recognize you and assign you the floor.

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The time limit for each speaker in this section will be 15 minutes.

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After this portion of the hearing, I will open the floor to any other resident of the municipality

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who may wish to provide testimony during our hearing.

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The time limit for each person in this section will be the standard five minutes.

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As noted previously, final comments via testimony will then be reserved for the developer.

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Please also note that this topic is also on our legislative agenda tonight where it will have a second of three readings.

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Therefore, no action by city council is planned or required tonight.

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that third reading of the legislative item for this topic is planned for our council meeting

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on October 6th.

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Furthermore, for our hearing, I'm asking city council members to hold questions

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until the end of each presentation or individual speaker or group speakers this evening.

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Anyone speaking tonight during this hearing is required to be sworn in. However, this does not apply

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the Council members given our sworn oath of office, nor legal counsel.

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Thus, based on the amount of testimony that I'm expecting tonight, I will be swearing

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in speakers for the different sections that I previously outlined.

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Thank you.

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We now like to turn the floor over to the city's outside legal counsel, attorney Mike Cicero

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to introduce himself and the topic of tonight's hearing.

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Thank you, Mr. Bear.

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President of Council, members of Council, community members and stakeholders in the audience

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and city officials.

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My name is Michael Cicero.

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I am what is known as Norma's Legal Council.

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I am here before you tonight.

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What is Norma?

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It is the Northern Ohio Risk Management Association of Dishealth Insurance Pool, which here.

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The STEAM Finance Director is President of the Board of Trustees and has been for a number

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of years.

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You and ten other municipalities have pulled your resources to an essence, ensure yourselves against any claim.

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And I would not be here before you, but for an issue that occurred during this project,

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as you are aware, planning commission denied the application, this council confirm that.

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It was then appealed to the Court of Common Police.

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That was a firm that now is pending in the Ninth District Court of Appeals.

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But your code has a separate provision that can be an administrative review of a constitutional claim.

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And it's unique, but it exists, and that claim was made by the developer, which then had caused Mr.

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Pitchford, your law director, to notify the pool, because a constitutional administrative review is a precursor to a federal lawsuit.

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Usually for deprivation of some civil rights in this case, it would be some sort of a due process violation.

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So then the pool, I have been legal counsel or assistant legal counsel for the pool for over 30 years, asked me to step in and review this.

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And when I gave it a view from 35,000 feet, which is sort of my role at that time and looking at the constitutional issues,

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The threshold question becomes, what is the viability?

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What is the likely constitutionality of the zoning ordinances?

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Number one, and number two, what is proposed?

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And in this case, there was already the resolution was proposed

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by the time we were notified and the hardship claim filed.

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So, I'm not just a lawyer.

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I am the law director for the Village of Hunting Valley,

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which has extraordinarily draconian zoning.

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I am the Assistant Law Director for South Euclid University Heights Newberg Heights in the

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prosecutor for Hunting Valley, Mayfield Village, Gates Mills, Richmond Heights University

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Heights, Newberg Heights, and when they beg me I help out in South Euclid.

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All I do is municipal law. So given my experience over the past 36 years and also representing Bedford, Highland Hills, seven hills, etc. I reached out to a couple of colleagues that I've worked with and in recent years I've worked with Sarah Kelly and her colleagues at planning next, they are very highly reputable planning and zoning firm in Columbus.

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And I referred her firm to the city and then your council hired that firm to do an analysis of the proposed settlement agreement from a stand point of compliance with your land development code.

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And with that, what I would like to do is to turn it over to Sarah Hook and give you some some sort of comments about that.

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Thank you, Mr. Cicero.

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Sarah and Delaney, if you would.

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You do have a PowerPoint presentation.

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Mr. Griffith, is that loaded and ready to go?

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And I will swear.

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I will swear both of you in at the podium.

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Before we get started, would you raise your right hand?

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Do you solemnly swear under the penalty of perjury

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that you will tell the truth, the whole truth,

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and nothing but the truth during your testimony this evening?

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If so, please say I do.

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Thank you, please continue.

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in the correct mode, please.

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And let's see if I can not write.

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Thank you very much for having us here this evening.

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We appreciate the opportunity to share our expertise with you.

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There are a few things that we would like to do in our time with you.

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First, wanted to give you a little bit of introduction of who we are and the credentials that we bring to this particular item.

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We then are going to move on to a number of topic one is how the proposed plan complies with the city's LDC.

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To sort of how we define conservation subdivisions more generally in the field of planning.

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For we're looking at the conservation subdivision spectrum.

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So the range of types of conservation subdivisions that exist and where your conservation subdivision fits within this broader spectrum that we're familiar with as planners.

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Number five you want to compare the open space conservation subdivision to your underlying regulations and then we will conclude have some concluding remarks.

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So I would like to start off by sharing a little bit about ourselves and our firm.

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I am a principal at Planning Next, and Delaney is a senior planner with our practice.

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We are a community planning consulting practice based out of Columbus, Ohio.

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We work all over the state of Ohio and throughout the rest of the country as well.

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Our practice has been a business for 29 almost 30 years.

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our combined experiences well over 20 years doing this kind of work.

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We consider ourselves to be seasoned professionals.

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We have direct experience interpreting Ohio zoning and land development codes

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and planning the planning work we do that is varied in nature.

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This includes quite a bit of experience with conservation,

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or sometimes called cluster subdivision standards,

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as they are a part of many communities throughout the state and beyond.

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We are both trained as city planners.

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I hold a Master of City Planning from MIT.

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I am accredited by the American Institute of Certified Planters,

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which is the main accrediting body for planners in the US.

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Actively involved as a member of the Board of the Ohio

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Chapter of the American Planning Association, Delaney, also involved with the American Planning

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Association, served for almost six years as a planning commissioner in the City of

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Grand Vee Heights where I live.

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And then of course we continue to work in communities across the state, across the Midwest,

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and beyond, who are dealing with complex planning issues of many kinds.

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We have worked here in the region, and our firm has worked in Shaker Heights and Hunting Valley.

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We've also worked in many communities that I think share a common interest to Hudson in creating

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really quality places and making quality of place, you know, a really central part of who you are,

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something that you really value. So we've worked in, you know, Dublin and Upper Orleans, Tinnohia.

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we've worked in many other...

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Communities that I think strive for a lot of the same things that you strive for here in Hudson. And so we're really familiar with those high expectations that a community like Hudson brings to its planning decisions and feel very, very comfortable helping communities to sort of negotiate how to achieve the things that they're most looking to achieve in terms of the built environment.

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So a bunch of awards on our side places that we've worked that have recognized us.

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In those cases, the American Planning Association has recognized our work.

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So with that, I want to turn it over to Delaney.

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She is going to be walking us through this evening, the analysis that we've conducted.

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And then we'll pause and happy to entertain you questions.

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You have?

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Oh, wrong way though.

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All right, so we will go into each of these points in more detail, but first we want to outline

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very specifically with as much clarity as possible, our professional opinion that the proposed

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plan complies with the land development code requirements, that the land development code

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is open space conservation subdivision fits very firmly within the common definition

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of a conservation subdivision that there is a spectrum of requirements within these conservation

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subdivisions as they exist throughout the country and that the LDC's open space conservation

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subdivision is very firmly within the spectrum and allows for types of development that also

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are within that spectrum. And then finally that the open space conservation subdivision requirements

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compel better design than what is allowed in the underlying regulations.

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To support this first

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point, the proposed plans, the proposed plans,

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supports, sorry. Oh my goodness, are you able

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to go back? Thank you. Thank you so much. The proposed plan complies with the city's land

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So, we reviewed the plan and we found that it is within the residential conservation zone district, that the open space conservation subdivision is a conditional use that is allowed in that district, as long as it meets all the conditional use criteria and we found that this proposed plan does so.

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We also found, oh, it's very great, I think we want

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to help this is great right here.

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Alright, and then we also found that the proposed plan meets all the spatial standards,

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including the required open space, the amount of density that is allowed,

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which is the same as the underlying zone.

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We also found that it meets the minimum lot size and setback requirements that are outlined in the LDC.

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Finally, we also find that the proposed plan aligns with the comprehensive plan, not only

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is that important, but that's also one of the several criteria for conditional use.

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All right, now taking a step back away from the LDC and the specific plan, we want to identify

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what a conservation subdivision actually is.

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So in this case it's a little bit broad and we've got several examples of the sources that we've used here.

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Sarah mentioned the American Planning Association, which is a very well-regarded authority in planning practice.

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And that's organization.

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has identified that 50% of developable land within a specific area is set aside as

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contiguous open space. That is really the broad umbrella that a conservation subdivision

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fits within. Many of them also define how open space is calculated, meaning can a specific

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that's required be included in your open space calculation can, you know, manicured park spaces

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count as open space, et cetera. Other things like the priority features that are to be protected,

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so that could be things like wetlands or steep slopes, and then finally flexible lots of mentioned

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standards. There's lots of variability with different codes throughout the nation.

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Secondly, the definition doesn't touch on any of those specific points, but they do naturally have

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quite a wide variety throughout the nation as they're put in practice.

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And then here we have just a little bit of a deeper dive into, again, that spectrum that

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we've identified. So many of these ordinances have within a stated purpose. I kind

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an idea of why the open space conservation design should be allowed or emphasized in certain

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cases has a specific way of measuring the open space and specifically exclusions, like

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that example I mentioned, of setbacks might be excluded from open space calculations

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in certain places. It also discusses, generally, these ordinances discuss what open space

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requirements and standards there are, if it's, you know, demarcated or, you know, if it has to be left in its natural state, etc.

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And then, finally, the lot size and density standards are also included.

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So, we wanted to provide a couple of real-life examples of what these can actually look like.

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So, we were discussing the ordinance.

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It's a set of rules that allow for certain types of developments to take place.

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These are actual real life examples from these first two will be from the state of Ohio and then a couple of others to explain again that very wide broad spectrum.

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So here you can see a conservation development in the city of Aurora, Ohio, and this conservation development as it's called is used as an example of a conservation subdivision.

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And you can see that it splits both, kind of,

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conserve, conventional lots you could say,

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which are around one acre in size.

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And those are the yellow lots that you see.

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And then we also have a zero lot homes

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on the very far left side of that image that you see up there.

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And generally, the average for the lot sizes here

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is about 0.6 acre.

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So these lots relatively large on average because of those larger conventional lots that you see.

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A lot of the protected open space here is also likely not highly developable.

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There's likely some slopes.

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You can see some topography lines in there.

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And then also wetlands and obviously just waterways as well.

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That would staunch development.

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Our next example is another northern Ohio example.

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this open space conservation development. You can see on the right side of the image here that

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these lot sizes, which are a little over one acre, and very as well. They're really maximizing

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that entire space. There's just a very small kind of buffer around the outside of the development.

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And then on the left side of the image, you can see that there's agricultural space that's been protected.

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So, there is, can take you as open space, it's about 50% of the development.

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And then this is an example outside of the state, but really important in this example is,

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while those sizes look very small on the screen, there are between one acre and five acre

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lots.

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So, this development is protecting a good amount of open space obviously, but those lot sizes

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are still relatively large.

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This is developed within the county, so it's on kind of on par with a lot of the development that's happening throughout the rest of the county.

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That's just another view, so you can see the layout of the development as well in some manicured and kind of set aside open space.

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And then we also wanted to provide some conceptual examples.

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This idea of a conservation subdivision is really well documented with these conceptual

436
00:44:17,790 --> 00:44:18,930
type examples.

437
00:44:19,450 --> 00:44:27,210
So, this is an example from a conservation nonprofit that identifies how the clustering

438
00:44:27,210 --> 00:44:32,750
of lots around roadways is really key to the definition of a conservation subdivision.

439
00:44:33,030 --> 00:44:37,770
Again, you can see the protected open space as well as some trails that are going between

440
00:44:37,770 --> 00:44:38,770
those lot lines.

441
00:44:41,680 --> 00:44:46,420
And another conceptual example here, this is from a regional planning organization,

442
00:44:47,300 --> 00:44:54,120
which has had just identified a minimized amount of development compared to the open space.

443
00:44:54,300 --> 00:44:58,760
Again, 50, 50 open space and development set aside.

444
00:45:01,040 --> 00:45:15,800
And then one additional example that we wanted to highlight for a couple of reasons is a conservation subdivision and selective land acquisition that has been completed in London Grove Township in Pennsylvania.

445
00:45:16,680 --> 00:45:27,480
So this is an example you can see these lots are relatively small, and there's a good amount of that dark green is marked as acquired open space.

446
00:45:27,480 --> 00:45:35,500
So this development did not happen in isolation fully on the, you know, impetus of the developer.

447
00:45:36,040 --> 00:45:46,100
There was an effort by the city to also acquire land near this development to help create and allow for this type of design,

448
00:45:46,380 --> 00:45:51,640
which you can see is considerably more than that 50% open space, 50% development.

449
00:45:51,640 --> 00:45:59,200
And in our research generally, unless you have examples of very large lot sizes and

450
00:45:59,200 --> 00:46:04,600
available area, like that example from Wisconsin, you really need some level of intervention

451
00:46:04,600 --> 00:46:11,260
to be able to help or to be able to allow a developer to kind of go above and beyond

452
00:46:11,260 --> 00:46:14,920
significantly beyond that 50% I mean.

453
00:46:20,960 --> 00:46:21,140
All right.

454
00:46:25,820 --> 00:46:26,360
Thank you.

455
00:46:27,060 --> 00:46:27,220
All right.

456
00:46:27,540 --> 00:46:30,540
And then finally, this is the proposed plan.

457
00:46:33,880 --> 00:46:38,910
So here we see that it,

458
00:46:41,170 --> 00:46:41,170
maybe,

459
00:46:46,540 --> 00:46:51,980
that it is fine within kind of that same vein of those

460
00:46:51,980 --> 00:46:54,360
different developments that we saw.

461
00:46:55,000 --> 00:46:59,460
So these stormwater management areas.

462
00:47:01,300 --> 00:47:04,060
I can steer from here if you just.

463
00:47:04,060 --> 00:47:05,060
Okay, thank you.

464
00:47:05,060 --> 00:47:06,680
Let me know if I don't

465
00:47:11,670 --> 00:47:16,110
know if you can get it back to you, screen, I'm a new one, yeah.

466
00:47:16,130 --> 00:47:17,030
I think.

467
00:47:22,420 --> 00:47:28,120
If you can tip the microphone just slightly down towards you and keep a little bit

468
00:47:28,120 --> 00:47:30,860
of a distance, there's a few gaps here and there, but not that.

469
00:47:31,560 --> 00:47:31,820
Okay.

470
00:47:33,580 --> 00:47:34,080
All right.

471
00:47:35,480 --> 00:47:35,940
So.

472
00:47:36,900 --> 00:47:37,440
You tip.

473
00:47:37,660 --> 00:47:39,760
It was pointing up if you can.

474
00:47:39,960 --> 00:47:41,300
Right into the wrap.

475
00:47:41,300 --> 00:47:42,620
Oh, right into the top there.

476
00:47:43,560 --> 00:47:44,260
Thank you.

477
00:47:51,080 --> 00:47:57,980
Okay, so finally, this is the proposed plan, the plan and question that we're talking about today.

478
00:47:58,740 --> 00:48:08,900
So you can see here, and clearly, demarcated in this plan is over, slightly over 50% open space.

479
00:48:09,320 --> 00:48:17,360
You can see that there are some areas of open space that are a little bit narrow, there's nothing in the code to suggest that that's not necessarily allowed,

480
00:48:17,360 --> 00:48:23,520
and it is still contiguous so it's actually even a little bit better than some of those examples

481
00:48:23,520 --> 00:48:28,320
that we saw where there were kind of separate chunks of open space if you will.

482
00:48:30,120 --> 00:48:35,460
And so it is hitting the open space requirements that 50% very clearly.

483
00:48:36,300 --> 00:48:41,940
The code does identify what is allowed to be included in that calculation and this meets that

484
00:48:41,940 --> 00:48:43,820
requirement as well,

485
00:48:46,550 --> 00:48:46,670
all right.

486
00:48:48,070 --> 00:48:53,630
OK, so where does the open space conservation

487
00:48:53,630 --> 00:48:56,370
subdivision fit within the spectrum?

488
00:48:57,250 --> 00:48:59,710
Where, essentially, what we're getting at is where

489
00:48:59,710 --> 00:49:02,830
do Hudson's regulations fit within the spectrum?

490
00:49:03,010 --> 00:49:04,770
Not necessarily the proposed plan.

491
00:49:05,230 --> 00:49:07,930
We have identified that that proposed plan really

492
00:49:07,930 --> 00:49:09,890
does fit the LDC requirements.

493
00:49:10,510 --> 00:49:13,950
So going beyond that, the open space conservation

494
00:49:13,950 --> 00:49:20,190
subdivision does fit in that spectrum in our professional opinion. The open space requirements

495
00:49:20,190 --> 00:49:27,790
in standards, Hudson does prioritize specific features, in particular, aligning with certain

496
00:49:27,790 --> 00:49:34,010
planning documents, et cetera. And so that is very much aligned with kind of the industry standards.

497
00:49:36,050 --> 00:49:42,190
The LDC also does require specific lot size and density standards. The open space

498
00:49:42,190 --> 00:49:45,630
conservation subdivision has a lot size minimum.

499
00:49:46,310 --> 00:49:48,430
It does not have a lot size maximum,

500
00:49:48,610 --> 00:49:52,810
which is something that communities have and may impose,

501
00:49:53,270 --> 00:49:57,950
as well, but the current code does not include that maximum.

502
00:50:00,940 --> 00:50:14,000
All right. And then finally, to wrap it up, we want to compare that open space conservation subdivision to conventional development within the rural residential conservation zone.

503
00:50:15,260 --> 00:50:20,780
So, the detached single family development is in the loud use within the zone.

504
00:50:20,780 --> 00:50:31,020
And then the open space conservation subdivision is the proposed plan is kind of using that conditional use and the design requirements that apply.

505
00:50:31,980 --> 00:50:43,080
So the comparison here is that the detached single family if we were to forego the open space conservation subdivision would not require accessible open space.

506
00:50:43,080 --> 00:50:49,760
there are open space requirements, but they wouldn't necessarily be restricted to that lot,

507
00:50:49,980 --> 00:50:53,940
you know, a developer could make payments and lieu of and things like that.

508
00:50:54,000 --> 00:50:57,920
So there would be no required accessible open space on that lot.

509
00:50:59,880 --> 00:51:06,280
Second here is that the detached single family development has relatively fewer protections for

510
00:51:06,280 --> 00:51:11,680
wetlands, natural forested areas, things that aren't necessarily protected by other types of

511
00:51:11,680 --> 00:51:17,400
regulations like Ohio EPA and things like that. Obviously those regulations would still apply,

512
00:51:17,960 --> 00:51:22,580
but the Open Space Conservation Subdivision goes a little bit further to include those types

513
00:51:22,580 --> 00:51:31,280
of things in the prioritized open types of open space essentially. Next is the setback, the underlying

514
00:51:31,280 --> 00:51:37,990
zone, single-family development requires a 20-foot setback from neighboring lot lines. The Open

515
00:51:37,990 --> 00:51:44,030
conservation subdivision is significantly larger. It would require a 100 foot set back from neighboring

516
00:51:44,030 --> 00:51:50,850
law lines. The minimum law size is one of the key differences as well to allow for flexibility

517
00:51:50,850 --> 00:51:57,010
and setting aside open space. The detached single-family development requires that the minimum

518
00:51:57,010 --> 00:52:04,310
law size is 2.5 acres and then in the open space conservation subdivision it's a 10,000 square feet.

519
00:52:04,310 --> 00:52:05,810
So it's considerably smaller.

520
00:52:06,430 --> 00:52:09,330
Again, there is no maximum in the code.

521
00:52:09,570 --> 00:52:10,950
Again, that's something some communities

522
00:52:10,950 --> 00:52:13,890
have opted in to do, but that is not in the land

523
00:52:13,890 --> 00:52:14,790
film and code.

524
00:52:15,530 --> 00:52:18,070
And then finally, the density requirements are the same.

525
00:52:18,130 --> 00:52:21,050
So that means we take the entire area.

526
00:52:21,810 --> 00:52:24,050
And that is what we use to determine the density.

527
00:52:24,250 --> 00:52:25,850
So even if the law sizes are smaller,

528
00:52:26,190 --> 00:52:28,590
the density requirements are the same.

529
00:52:28,890 --> 00:52:31,110
As they would be, with the Open Space Conservation

530
00:52:31,110 --> 00:52:34,510
and subdivision or the detached single-family development.

531
00:52:37,050 --> 00:52:37,230
All right.

532
00:52:37,770 --> 00:52:41,690
And then finally, it's just kind of reaffirm our findings.

533
00:52:41,930 --> 00:52:45,030
The proposed plan does comply with the LDC requirements

534
00:52:45,030 --> 00:52:46,930
in our professional opinion.

535
00:52:47,610 --> 00:52:50,610
The LDC's Open Space Conservation Subdivision

536
00:52:50,610 --> 00:52:54,170
fits within the common definition of a conservation subdivision.

537
00:52:54,690 --> 00:52:56,930
Number three, there is a spectrum of requirements

538
00:52:56,930 --> 00:52:59,890
in conservation subdivision ordinances throughout the United

539
00:52:59,890 --> 00:53:01,430
States and elsewhere.

540
00:53:01,430 --> 00:53:09,270
and the LDC's Open Space Conservation Subdivision fits well within this spectrum in, again, in our professional opinion.

541
00:53:10,370 --> 00:53:17,790
And then finally, the Open Space Conservation Subdivision requirements are compelling better design than what is allowed in the underlying zone regulations.

542
00:53:18,810 --> 00:53:26,790
There are changes that the community could potentially opt into policy changes that could be made, including a maximum lot size.

543
00:53:26,790 --> 00:53:35,030
But, at this time, even without those additional policy choices, the Open Space Conservation Subdivision

544
00:53:35,030 --> 00:53:38,930
is still compelling better design again in our professional opinion.

545
00:53:39,970 --> 00:53:39,990
Okay.

546
00:53:41,290 --> 00:53:41,950
And that is all.

547
00:53:41,970 --> 00:53:44,850
Thank you for bearing with me on the tech.

548
00:53:46,250 --> 00:53:48,250
Thank you, Ms. Kelly and Ms. Selman.

549
00:53:49,610 --> 00:53:52,650
I will now open up to council.

550
00:53:52,650 --> 00:53:58,850
if there are any questions for either Mr. Cicero or the planning next team here with Miss Kelly and Miss Selman.

551
00:53:59,390 --> 00:54:04,550
Is there any questions of those individuals from Council? Council of Brisbane?

552
00:54:06,250 --> 00:54:15,970
I have one question for each of them. Next is up here. I would like to ask if you could for myself to

553
00:54:15,970 --> 00:54:23,270
degree, but the audience at large, why would a developer opt to choose going with this conservation

554
00:54:24,430 --> 00:54:30,010
plan versus just the standard used by rights regular and you had a nice grid up there.

555
00:54:30,110 --> 00:54:34,390
That kind of comparing the address to them, but why am I as a developer choosing to go for this

556
00:54:34,390 --> 00:54:36,590
conservation over just a standard?

557
00:54:42,310 --> 00:54:47,410
A non developer, but I will give a couple of kind of general

558
00:54:47,410 --> 00:54:56,010
concepts. One is that oftentimes the proximity to that open space is good for the property values.

559
00:54:57,090 --> 00:54:59,690
Another is that the layout.

560
00:55:00,000 --> 00:55:15,220
That's a loud because of that conservation. Sometimes can reduce the amount of right away that's set aside and also the amount of money that's required to align utilities and roadways and things like that.

561
00:55:15,440 --> 00:55:16,560
Anything else?

562
00:55:17,060 --> 00:55:27,260
I think more generally just market conditions and responding to what types of housing demands there may be in a community or in a region.

563
00:55:27,260 --> 00:55:51,340
Oftentimes, you know, developers are not just developing one in one place and in a community they have a good sense of what's happening or broadly sometimes they're undertaking more than one development within within a community and so they have a sense of what's desired and and what what fits what they believe you know fits with the community and its needs.

564
00:55:51,800 --> 00:55:53,480
Thank you.

565
00:55:53,480 --> 00:55:55,840
And if I could have Mr. Cistera,

566
00:55:59,840 --> 00:56:00,240
thank you.

567
00:56:00,820 --> 00:56:03,580
In your opening statement, you talked about kind of what

568
00:56:03,580 --> 00:56:05,000
kick this process off.

569
00:56:05,420 --> 00:56:07,040
Could you apply in about that a bit more?

570
00:56:07,200 --> 00:56:10,400
I believe you said, our city solicitor reached out to you about the risk.

571
00:56:10,480 --> 00:56:12,340
Could you kind of talk about that process how you were content?

572
00:56:12,400 --> 00:56:14,900
No, the city solicitor reached out.

573
00:56:14,940 --> 00:56:16,700
There was a hardship.

574
00:56:17,400 --> 00:56:19,600
Constitutional claim made pursuant to your code.

575
00:56:20,600 --> 00:56:24,920
That triggers a potential claim for money damages down the road.

576
00:56:24,920 --> 00:56:26,640
It's a precursor to a lawsuit.

577
00:56:27,420 --> 00:56:29,480
So because your solicitor is very wise,

578
00:56:29,700 --> 00:56:32,440
he notified the insurance carrier, which is the pool,

579
00:56:33,040 --> 00:56:37,820
we hire a local insurance company to act as our adjusters

580
00:56:37,820 --> 00:56:39,880
for the pool, and he notified the pool

581
00:56:39,880 --> 00:56:42,420
and the pool's senior risk manager reached out to me

582
00:56:42,420 --> 00:56:43,840
as legal counsel for the pool.

583
00:56:44,200 --> 00:56:47,260
So this process was kicked off, not by any action

584
00:56:47,260 --> 00:56:49,740
of this council, but absolutely not.

585
00:56:49,900 --> 00:56:52,760
It was triggered by the developer when the developer applied

586
00:56:52,760 --> 00:56:59,060
for that analysis on a constitutional hardship that would then trigger potentially money damages

587
00:56:59,060 --> 00:57:04,800
down the roof versus just the what we call the 25.06 appeal which was the planning convention

588
00:57:04,800 --> 00:57:08,880
decision affirmed by you affirmed by the trial court and that's the one that's in the ninth

589
00:57:08,880 --> 00:57:14,340
district Court of Appeals. That's on the city's dime there's no coverage for that in any

590
00:57:14,340 --> 00:57:21,640
zoning matter. But when you get into a potential claim on a constitutional violation it could trigger

591
00:57:21,640 --> 00:57:28,360
a federal claim because little most people know there is no cause of action for violating the

592
00:57:28,360 --> 00:57:33,380
Ohio Constitution for money. In other words you can violate the Ohio Constitution all day

593
00:57:33,380 --> 00:57:40,120
there is no cause of action for money. But you violate the federal Constitution everybody knows

594
00:57:40,120 --> 00:57:44,740
that it's civil rights claims and that's what that's what's coming down the road. Potentially. Thank you.

595
00:57:47,000 --> 00:57:51,660
Thank you. Thank you Councillor Brezzvic, additional questions for this group from Councilman

596
00:57:51,660 --> 00:57:57,860
Councillor GANS? Mr. Cicero, could you explain for the audience more about what you mean

597
00:57:57,860 --> 00:58:11,430
about the constitutional claim? Typically, what you do under Ohio law, there is a landmark

598
00:58:11,430 --> 00:58:18,150
case that came out of Mayfield Heights in 2006. It was litigated for 14 years, three times

599
00:58:18,150 --> 00:58:19,650
up to the Ohio Supreme Court.

600
00:58:20,630 --> 00:58:25,290
Anybody that's traveled up to 71 knows about it because it's the Costco that you see on

601
00:58:25,290 --> 00:58:28,490
271 in Mayfield Heights right at the Mayfield Road exit.

602
00:58:28,730 --> 00:58:32,750
There's a Best Buy of Costco and that was massive litigation.

603
00:58:33,630 --> 00:58:40,250
Now the Ohio Supreme Court found that the zoning regulation was on constitutional and Mayfield

604
00:58:40,250 --> 00:58:46,530
Heights was facing a very, very serious claim that was not covered by any insurance.

605
00:58:46,530 --> 00:58:52,610
Because, if your zoning regulation is determined to be unconstitutional as a matter of law,

606
00:58:53,170 --> 00:58:59,730
which could be done by either an Ohio court or a federal court, then the property owner

607
00:58:59,730 --> 00:59:02,490
or developer has a claim for what is known as a taking.

608
00:59:03,930 --> 00:59:09,390
Inverse condemnation, you took my property without compensation, so now you owe me money

609
00:59:09,390 --> 00:59:12,230
for the taking for the denial of the whole process.

610
00:59:12,230 --> 00:59:40,650
And that's what triggers, when you see the constitutional hardship application, again, that's where you're able to direct your solicitor, contacted the pool to say we need further assistance because this might be a precursor to going down a money damage claim for a straight constitutional violation, or challenging the constitutionality of the zoning regulations themselves, which could cause a take-ings case.

611
00:59:40,650 --> 00:59:46,770
for which there is no coverage, but either way, it has severe economic consequences for the city.

612
00:59:47,790 --> 00:59:49,030
Which is why we got involved.

613
00:59:52,630 --> 00:59:59,970
Thank you. Thank you, Councillor Gats. Additional comments for the planning next team or Mr. Cicero from Council. Councillor Weinstein.

614
01:00:02,700 --> 01:00:25,660
I have a question, I think Delaney is for you. So you showed that table, and you don't need to bring it back up, that shows examples of how the open space conservation subdivision compels better designs, and you talked about things about how it requires open, it requires open space and it has larger setbacks. And can you just talk about.

615
01:00:25,660 --> 01:00:30,320
So in our code, that is conditional use, is that correct?

616
01:00:31,100 --> 01:00:35,240
And then the other use, which would be not the open space conservation,

617
01:00:35,820 --> 01:00:37,420
is a use by right.

618
01:00:37,640 --> 01:00:41,540
So what would that mean if it doesn't get approved to do this open space

619
01:00:42,400 --> 01:00:46,080
conservation and resorts to the other one, which is a use by right?

620
01:00:46,380 --> 01:00:50,380
What does that essentially do to the design and do to that subdivision?

621
01:00:50,380 --> 01:00:58,360
Yeah, that's a great question and there's certainly a few unknowns in that being able to

622
01:00:58,360 --> 01:01:04,480
cite all of the lots appropriately with right of way and utilities and everything like that.

623
01:01:04,620 --> 01:01:13,880
It might be challenging to appropriately fit them, but there's nothing necessarily to stop the

624
01:01:13,880 --> 01:01:21,720
number of units from going into that same space, but for those units to cover the entire

625
01:01:21,720 --> 01:01:29,280
site rather than to set aside any open space, including the trails that you saw that were

626
01:01:29,280 --> 01:01:35,240
kind of intermingled through the houses and the space along the perimeter. None of that would

627
01:01:35,240 --> 01:01:42,620
be compelled as open space and even if, you know, stands of trees or wetlands were still protected.

628
01:01:42,620 --> 01:01:49,600
And they would not necessarily be open space that would be accessible, it would be within

629
01:01:49,600 --> 01:01:51,840
a private lot, potentially.

630
01:01:56,460 --> 01:01:56,760
Thank you.

631
01:01:56,760 --> 01:01:57,920
Thank you, Councillor Weinstein.

632
01:01:58,400 --> 01:02:02,480
Additional questions for Mr. Cicero or the Planning Next Team from Council Members?

633
01:02:08,440 --> 01:02:14,220
There are no, if just one moment, the four Mr. Brezviq speaks again.

634
01:02:14,360 --> 01:02:16,820
Is there any other questions from Council Members who have not spoken?

635
01:02:17,260 --> 01:02:18,080
Councillor White.

636
01:02:18,080 --> 01:02:19,840
Councillor Duriano, Councillor President?

637
01:02:23,660 --> 01:02:24,440
Councillor Durardo?

638
01:02:24,640 --> 01:02:25,680
Just one moment, Councillor Durardo.

639
01:02:25,780 --> 01:02:26,920
Just one quick question, delaney.

640
01:02:28,420 --> 01:02:35,560
So in our code and what you've seen, there's no, there's no maximum, lots of ice

641
01:02:35,560 --> 01:02:36,300
correct.

642
01:02:37,840 --> 01:02:42,900
And what about square footage for houses?

643
01:02:43,260 --> 01:02:48,800
Is that something that some the stories of had in their code?

644
01:02:48,800 --> 01:02:54,860
Certainly, yeah, several of them do have either they will have a maximum

645
01:02:54,860 --> 01:03:01,600
lot size, or they will have a maximum buildable area, or even maximum

646
01:03:01,600 --> 01:03:03,140
disturbance areas.

647
01:03:04,160 --> 01:03:10,940
So some of the concepts don't actually require lots, so they can just be a

648
01:03:10,940 --> 01:03:13,800
unit that does not have its own private lot.

649
01:03:13,800 --> 01:03:20,360
But in that case, there are usually maximum building sizes associated with them.

650
01:03:20,840 --> 01:03:23,100
Some of them do, some of them don't, though.

651
01:03:23,100 --> 01:03:29,080
I would say that it's kind of a mixed bag, depending on the community.

652
01:03:30,540 --> 01:03:33,900
We did evaluate three different Northern Ohio communities.

653
01:03:35,120 --> 01:03:41,500
And of the three of them, aside from Hudson, only one of them had a maximum, a lot size

654
01:03:41,500 --> 01:03:42,440
or build-able area.

655
01:03:44,390 --> 01:03:46,810
Thank you. Thank you, Council President Bird.

656
01:03:47,990 --> 01:03:50,330
Additional members of the vote, Councilor Wider, Dremel.

657
01:03:51,210 --> 01:03:51,790
Councilor Brzeweck.

658
01:03:52,310 --> 01:03:55,050
Thank you. I have one final question for the planning next.

659
01:03:58,240 --> 01:04:06,960
Your well credentialed, you have a large breadth of experience in many cities and all over the state.

660
01:04:07,780 --> 01:04:11,880
You have taken plenty of time to evaluate our land development code.

661
01:04:11,880 --> 01:04:23,900
This plan that has been submitted via the settlement to you see any reason, any grounds on which via our zoning that this plan should be changed altered or denied.

662
01:04:27,160 --> 01:04:34,460
Say that we haven't seen anything that would make us in our professional opinion think that it should be denied.

663
01:04:36,830 --> 01:04:42,450
Thank you. Thank you, Councillor Breswick. Additional comments from other council members?

664
01:04:44,490 --> 01:04:49,330
Councillor Weinstein? I'm just wondering if you could clarify, especially for the audience,

665
01:04:49,450 --> 01:04:55,410
what's the difference between a permitted or a use by right and a conditional use between those two examples?

666
01:04:58,500 --> 01:04:59,060
Sure thing.

667
01:05:00,000 --> 01:05:16,640
The use by rate, and in the case of the roll, residential conservation district, that's single family detached is the example that we gave that would be most closely related to the open space conservation subdivision.

668
01:05:17,740 --> 01:05:28,880
And a conditional use is an allowed use as long as it meets a specific set of requirements that are identified in the code.

669
01:05:28,880 --> 01:05:38,840
and those requirements and of course you can kind of impose conditions so that those criteria

670
01:05:38,840 --> 01:05:48,860
which are in the code are met for a development. In Hudson's case there's a very specific list

671
01:05:48,860 --> 01:05:57,580
like in other places of criteria for conditional uses and one of those for example is that it must

672
01:05:57,580 --> 01:06:02,820
me all of their policy documents from the city, including the comprehensive plan, you know,

673
01:06:02,980 --> 01:06:10,440
it should align with development within a specific kind of buffer area from the development

674
01:06:10,440 --> 01:06:15,800
that is proposed. Things like that that apply very broadly, so all types of development

675
01:06:15,800 --> 01:06:22,740
that might be allowed as a conditional use. And so it's allowed per conditions.

676
01:06:22,740 --> 01:06:23,640
Thank

677
01:06:25,780 --> 01:06:29,920
you again. Thank you Councillor Weinstein. We're in round two of questions from Council

678
01:06:29,920 --> 01:06:34,300
for this group. Is there any additional questions? Council would like to ask the planning

679
01:06:34,300 --> 01:06:35,800
next team or Mr. Cicero.

680
01:06:40,230 --> 01:06:43,010
Seeing none. Thank you for your time and testimony this evening.

681
01:06:44,910 --> 01:06:51,330
We will move on to the next section that the opportunity to provide testimony here tonight.

682
01:06:51,330 --> 01:06:57,290
This will be hearing testimony from those who own land within 300 feet of this proposed

683
01:06:57,290 --> 01:06:57,850
development.

684
01:06:58,730 --> 01:07:03,730
Those owners should have received a letter from the city identifying you as such.

685
01:07:04,310 --> 01:07:09,150
Therefore for all owners who live within 300 feet of the proposed development and who plan

686
01:07:09,150 --> 01:07:14,310
to speak tonight, will you please stand so that I can swear you in if there are any.

687
01:07:17,850 --> 01:07:19,450
I see five.

688
01:07:20,010 --> 01:07:21,690
Would you please raise your right hand?

689
01:07:22,410 --> 01:07:28,690
Do you solemnly swear under the penalty of perjury that you would tell the truth, the whole truth, and nothing but the truth during your testimony this evening?

690
01:07:28,790 --> 01:07:30,190
If so, please say I do.

691
01:07:31,970 --> 01:07:32,390
Thank you.

692
01:07:32,510 --> 01:07:36,250
A reminder for this group, there will be a 15-minute time limit per speaker.

693
01:07:36,890 --> 01:07:44,070
Please allow me to individually recognize you and assign you the floor to where you can then approach the lectern and state your name and address for the record.

694
01:07:44,850 --> 01:07:48,870
By a show of hands who from this group would like to provide testimony this evening.

695
01:07:50,950 --> 01:07:51,930
Second,

696
01:08:13,820 --> 01:08:19,020
Skyler Sutton, 2243 Reventistry, with me as my attorney, Mark Stockman.

697
01:08:20,720 --> 01:08:25,060
When you were sworn into office, you took an oath to abide by and uphold the Ohio

698
01:08:25,060 --> 01:08:31,160
Revised Code, Hudson's codified ordinances, and the charter of the City of Hudson.

699
01:08:31,940 --> 01:08:35,840
The settlement agreement posed by you tonight contains multiple violations of both state

700
01:08:35,840 --> 01:08:36,800
and local law.

701
01:08:36,800 --> 01:08:42,460
The Terms raised serious questions about the Council's authority to approve the agreement, and about

702
01:08:42,460 --> 01:08:44,960
whether doing so would be consistent with the oath you took.

703
01:08:46,160 --> 01:08:50,480
Section 3C of the settlement does not merely establish a process for plan review.

704
01:08:51,160 --> 01:08:56,860
It actually predetermined the outcome of that review by requiring the City to grant final subdivision

705
01:08:56,860 --> 01:08:57,580
plan approval.

706
01:08:58,600 --> 01:09:02,180
When the submittitory materials are deemed to be in compliance with the settlement terms.

707
01:09:02,180 --> 01:09:07,360
How can a settlement agreement transfer or pre-determined approval that the land development code

708
01:09:07,360 --> 01:09:12,580
specifically assigns to the planning commission? The answer is it can't. You cannot contract

709
01:09:12,580 --> 01:09:13,640
around the law.

710
01:09:14,600 --> 01:09:21,820
codified ordinance 12202A2 explicitly states that only the planning commission has the power to

711
01:09:21,820 --> 01:09:26,520
take final action on proposed preliminary and final subdivision applications.

712
01:09:27,440 --> 01:09:34,180
In 1203-10D reinforces that by stating the Planning Commission is the entity with final approval

713
01:09:34,180 --> 01:09:40,580
authority for both preliminary and final subdivision plants. In fact, ordinance 1657 was

714
01:09:40,580 --> 01:09:47,240
explicitly passed in 2016 to update the previously quoted text to remove the power of subdivision

715
01:09:47,240 --> 01:09:53,100
review from the City Council. 1657 was made in response to charter amendments that were approved

716
01:09:53,100 --> 01:09:55,060
residents in that general election.

717
01:09:56,860 --> 01:09:59,920
More greaselessly, Section 3CI of the settlement.

718
01:10:00,140 --> 01:10:13,060
Seeks to give the city manager the power to grant sub-the final subdivision plat of rule, but Hudson City Charter section 902 states that the planning commission shall be the planning commission of the municipality.

719
01:10:14,060 --> 01:10:20,800
Ohio Revise Code 7303 states that if a municipal planning commission has been appointed

720
01:10:20,800 --> 01:10:31,380
all planning powers identified in 735-17-3735-26 are transferred to that commission.

721
01:10:32,280 --> 01:10:38,380
In a 1929 opinion, number 847, the Ohio Attorney General established that plan approvals

722
01:10:38,380 --> 01:10:43,840
made without approval by the Municipal Planning Commission cannot be recorded in the county

723
01:10:43,840 --> 01:10:45,140
recorders office.

724
01:10:47,540 --> 01:10:51,880
Section 120310D outlines a three step process for subdivision approval.

725
01:10:53,040 --> 01:10:59,480
120303 outlines the appeal process and 12207 summarizes everyone's role in said process.

726
01:11:00,060 --> 01:11:04,700
This settlement violates almost every single line of text in those sections.

727
01:11:06,240 --> 01:11:10,360
To be blunt, this settlement completely abandons the rule of law.

728
01:11:10,980 --> 01:11:15,440
Our code and processes exist to ensure that all parties are treated equally and provide

729
01:11:15,440 --> 01:11:17,400
checks and balances through public oversight.

730
01:11:18,420 --> 01:11:22,420
While the entire settlement could be accused of stripping the public of our rights, section

731
01:11:22,420 --> 01:11:24,280
6 is particularly offensive.

732
01:11:25,440 --> 01:11:31,340
It permits the city manager to approve modifications to the plan with no public oversight.

733
01:11:31,340 --> 01:11:40,280
State more plainly, the plan we looked out on the screen tonight doesn't even have to be the one that gets built under this settlement agreement.

734
01:11:41,840 --> 01:11:50,860
Authency ordinance 20610A defines a public hearing as a fact-finding mission to collect evidence and make determinations.

735
01:11:51,760 --> 01:11:55,940
This council has an obligation to enter the public hearing from a neutral position,

736
01:11:55,940 --> 01:12:00,580
but social media comments and verbal on the record statements implied prejudice.

737
01:12:01,400 --> 01:12:08,060
They have hinted at or sometimes outright said that they will explain why this must be passed after the public hearing.

738
01:12:09,160 --> 01:12:17,760
Based on those statements alone, I would challenge that any determination made by this body will be made in bad faith without fair consideration of the testimony made here tonight.

739
01:12:19,870 --> 01:12:26,190
When we do finally get a statement from Council, they will likely argue that the city must settle this to resolve the hardship claim.

740
01:12:26,750 --> 01:12:32,230
A hardship plane is a formal complaint made against the city, claiming that the government has unfairly

741
01:12:32,230 --> 01:12:37,190
removed use of the property from the owner. Quantum physicists will study this hardship

742
01:12:37,190 --> 01:12:42,110
claim years from now because it appears to be short and yours cat. It somehow both exists

743
01:12:42,110 --> 01:12:48,670
and does not exist at the same time. If we truly were in a hardship plane, we would be falling

744
01:12:48,670 --> 01:12:55,310
the process to find in chapter 1210 of the land development code. Under that chapter, the city must

745
01:12:55,310 --> 01:13:01,170
appoint a qualified real estate professional to act as an independent judge who collects testimony

746
01:13:01,170 --> 01:13:04,950
and evidence about the value and uses of the property.

747
01:13:06,370 --> 01:13:11,150
The hardship claim must be filed within 30 days of the planning commission decision, testimony

748
01:13:11,150 --> 01:13:15,090
must be collected within 30 days of that, and a written opinion must be issued within

749
01:13:15,090 --> 01:13:15,970
30 days of that.

750
01:13:16,370 --> 01:13:20,710
Those dates have long since passed, no independent judge has been appointed, and no legal

751
01:13:20,710 --> 01:13:25,150
notice that defines this as a chapter 12 10 hearing has been issued.

752
01:13:26,290 --> 01:13:28,310
Clearly this is not a hardship claim.

753
01:13:29,170 --> 01:13:34,330
And yet at the same time the preamble of 26118 implies we are here to resolve a hardship claim.

754
01:13:35,290 --> 01:13:39,770
Even if we played along with the argument that this was a public hearing about a hardship,

755
01:13:40,170 --> 01:13:45,050
the legal standard for a hardship is defined in 121003 as,

756
01:13:45,130 --> 01:13:49,910
quote, denial of all reasonable economic use of the property.

757
01:13:49,910 --> 01:13:56,750
Again, that's all use, not some use, not preferred use, not desired use, all use.

758
01:13:58,290 --> 01:14:04,010
Section 12105G goes on to further clarify that the property owner has the burden of proof

759
01:14:04,010 --> 01:14:04,950
in these hearings.

760
01:14:05,890 --> 01:14:08,650
They must prove that there is absolutely nothing that they can do with the property,

761
01:14:09,250 --> 01:14:11,290
and no one would be interested in purchasing it.

762
01:14:11,630 --> 01:14:14,310
This property owner knows they cannot defend that position,

763
01:14:14,310 --> 01:14:20,490
because the planning commission itself has offered suggestions on the record for plans that would be approved.

764
01:14:21,290 --> 01:14:27,690
Even worse for the applicant's case, a local philanthropist has made verbal offers to purchase the land from the current owner.

765
01:14:28,510 --> 01:14:32,210
How can something of no economic value if there's an interested buyer?

766
01:14:33,690 --> 01:14:39,090
Selling this as a hardship without using the defined hardship process is yet another procedural violation

767
01:14:39,090 --> 01:14:41,910
and yet another violation of your oath of office.

768
01:14:42,490 --> 01:14:45,210
More dangerously, it creates a pay-to-play precedent.

769
01:14:45,850 --> 01:14:48,830
If I put a large enough dollar amount on my own personal lawsuit,

770
01:14:49,090 --> 01:14:51,010
will you permit me to install a 20-story

771
01:14:51,010 --> 01:14:54,290
high-rise apartment complex, or bypass approval processes?

772
01:14:54,990 --> 01:14:56,790
Once you've opened this Pandor's box,

773
01:14:57,210 --> 01:14:58,970
you will never be able to close it.

774
01:15:00,400 --> 01:15:20,680
In Richmond Road Partners LLC versus City of Warrensville Heights, the U.S. Court of Appeals for the Six Circuit, which covers the entire state of Ohio, noted that when considering a takings claim, the court must consider all relevant factors, including any delay the property owner's own conduct caused.

775
01:15:21,420 --> 01:15:29,080
For the past three years, the applicant's own conduct has been the primary source of any economic hardship they may have experienced.

776
01:15:30,160 --> 01:15:33,160
This application process started in the spring of 2023.

777
01:15:34,460 --> 01:15:37,320
The application was withdrawn and refiled in the summer of 23.

778
01:15:38,100 --> 01:15:42,000
Almost a full year lapse before preliminary plans were filed in the summer of 24.

779
01:15:42,920 --> 01:15:48,180
That plan was ultimately found to be non-compliant with engineering standard city ordinances and land development code.

780
01:15:48,180 --> 01:15:53,740
When the 24 plane was denied, the applicant made choice to appeal to the Summit County Court of

781
01:15:53,740 --> 01:15:54,320
Common Police.

782
01:15:55,140 --> 01:15:59,820
And when that case was decided in Hudson's favor in 25, the applicant then made another

783
01:15:59,820 --> 01:16:02,860
choice to appeal to the 9th District Court of Appeals.

784
01:16:03,800 --> 01:16:08,080
If the plan contained within the settlement is truly perfect and compliant, why was it not

785
01:16:08,080 --> 01:16:11,060
submitted at any time between 2023 and now?

786
01:16:11,560 --> 01:16:16,880
The path to where we are today was driven by deliberate choices made by the applicant and as

787
01:16:16,880 --> 01:16:19,300
court noted, that conduct must be considered

788
01:16:19,300 --> 01:16:20,420
and a takings claim.

789
01:16:22,340 --> 01:16:24,180
For what's worth, I do not believe the plan attached

790
01:16:24,180 --> 01:16:26,960
to the settlement fully complies with our land development code.

791
01:16:27,700 --> 01:16:29,560
Interestingly, it appears both the city

792
01:16:29,560 --> 01:16:31,600
and the applicant would agree with me on that.

793
01:16:32,020 --> 01:16:34,980
The settlement itself states, this is an effort

794
01:16:34,980 --> 01:16:38,580
to better comply with the land development code.

795
01:16:39,180 --> 01:16:43,600
As a reminder, 12076i1 of the LDC states

796
01:16:43,600 --> 01:16:46,500
that an open space conservation subdivision must comply

797
01:16:46,500 --> 01:16:59,660
with all applicable standards, and 12.040505, sorry, 12.0405, states that a subdivision must comply with all applicable development regulations.

798
01:17:00,540 --> 01:17:07,600
The legal standard in our code is full compliance, not mostly compliant, not partially compliant, and certainly not better compliant.

799
01:17:09,040 --> 01:17:12,220
There's another provision in the agreement that should concern everyone here tonight.

800
01:17:12,220 --> 01:17:18,400
Section 14E explicitly states that where the settlement conflicts with the land development code,

801
01:17:19,560 --> 01:17:23,720
the settlement controls. That is not simply an agreement to follow the code differently.

802
01:17:24,220 --> 01:17:30,280
Is an express contractual provision that discards the entirety of the city's land development code?

803
01:17:30,840 --> 01:17:36,600
The city lacks the authority to wave statutory or charter mandated approval processes,

804
01:17:37,280 --> 01:17:41,520
and these parties cannot create this authority by putting it into a settlement agreement.

805
01:17:41,520 --> 01:17:43,120
but here they are trying.

806
01:17:44,620 --> 01:17:47,980
It's obvious that this settlement agreement is not compliant with our city charter,

807
01:17:48,560 --> 01:17:50,200
codified ordinances or state law.

808
01:17:50,620 --> 01:17:54,160
At a minimum, it violates Hudson codified ordinances 20610,

809
01:17:54,420 --> 01:18:01,500
202, 2027, 203, 203, 203, 10, 204, 5, 207, 6,

810
01:18:01,800 --> 01:18:04,440
the entirety of chapter 1210.

811
01:18:04,580 --> 01:18:10,060
Ohio revised code 7303, and city charter section 902.

812
01:18:10,060 --> 01:18:16,740
My hope is that you realize how flawed this settlement agree is agreement is tonight and do not approve it.

813
01:18:16,920 --> 01:18:18,120
However, should you do so?

814
01:18:18,440 --> 01:18:21,120
I am ready and prepared to seek relief through the court system.

815
01:18:23,760 --> 01:18:25,300
That's all I have.

816
01:18:26,140 --> 01:18:27,040
Thank you, Mr. Sutton.

817
01:18:34,040 --> 01:18:34,400
Thank you, sir.

818
01:18:34,480 --> 01:18:35,160
If you are complete.

819
01:18:38,100 --> 01:18:40,600
Of the other four members who live within 300 feet.

820
01:18:41,680 --> 01:18:43,400
Does anybody wish to speak next?

821
01:18:44,600 --> 01:18:45,900
Madam in the back.

822
01:18:54,170 --> 01:18:55,390
If you just state your name and address

823
01:18:55,390 --> 01:18:58,170
at the left turn and you will have 15 minutes.

824
01:19:02,220 --> 01:19:06,560
Good evening. My name is Melissa Jones. I reside at 2-2-3-3

825
01:19:06,560 --> 01:19:11,200
Revent Street. My property is adjacent to the proposed subdivision

826
01:19:11,200 --> 01:19:15,820
at the Northwest Quarter. And I'm here to provide comments to the

827
01:19:15,820 --> 01:19:19,260
city's proposed resolution number 26-1-1-8.

828
01:19:19,260 --> 01:19:23,460
With me is my attorney, Mark Stockman, a front-forward LLP.

829
01:19:25,000 --> 01:19:28,980
As an initial note, on September 3rd, 2026,

830
01:19:29,620 --> 01:19:32,440
I submitted an expedited public records act request

831
01:19:32,440 --> 01:19:35,380
to the city requesting documents regarding

832
01:19:35,380 --> 01:19:38,280
the hardship relief petition in related documents.

833
01:19:39,300 --> 01:19:43,360
As referenced in the proposed resolution and the proposed settlement agreement.

834
01:19:44,360 --> 01:19:47,300
I also requested all documents regarding any third

835
01:19:47,300 --> 01:19:55,660
party zoning and planning expert or any other expert that was referenced in Section 2C of the proposed settlement agreement.

836
01:19:56,820 --> 01:19:59,960
I specifically stated in my request as the public.

837
01:20:00,000 --> 01:20:12,080
Public hearing on the proposed resolution is scheduled for September 15, 2026. Please kindly expedite this request and provide the requested documents by September 8, 2026.

838
01:20:13,560 --> 01:20:29,640
On September 4, I received an email from Kathleen Sullivan, the communications manager of the city, acknowledging received of my public records request and stating that she will search our files and get back to me in a timely manner.

839
01:20:30,800 --> 01:20:37,080
Not receiving any response, on September 11th, I reached out to Miss Sullivan to inquire

840
01:20:37,080 --> 01:20:42,360
as to when I would receive the documents, and stated, in light of the September 15th

841
01:20:42,360 --> 01:20:47,080
City Council meeting, it is important that I receive the information as soon as possible.

842
01:20:47,780 --> 01:20:51,160
I have received no response and I receive no documents.

843
01:20:52,360 --> 01:20:56,420
The settlement itself states the resolution as promised upon the risk of the hardship

844
01:20:56,420 --> 01:21:01,720
claim and upon the advice of the third party zoning and planning experts. These documents

845
01:21:01,720 --> 01:21:07,640
are not attached to the public hearing notice or this agenda. The only way I can obtain

846
01:21:07,640 --> 01:21:13,160
this information is through the public records request. I timely request at the documents

847
01:21:13,160 --> 01:21:19,160
I did not receive them. So without seeing these documents, I am prohibited from providing my

848
01:21:19,160 --> 01:21:24,740
full testimony here tonight. For example, the proposed resolution and the settlement agreement

849
01:21:24,740 --> 01:21:30,320
make blanket statements about compliance with the land development code. But how these conclusions were

850
01:21:30,320 --> 01:21:36,740
reached is unknown, at least to me. The proposed resolution and the settlement agreement reference a

851
01:21:36,740 --> 01:21:41,880
multi-million dollar hardship claim, but the details of this claim or how these alleged damages

852
01:21:41,880 --> 01:21:48,720
are calculated are also unknown, at least to me. I would like to direct your attention's proposed

853
01:21:48,720 --> 01:21:56,020
resolution number 26118 which states, whereas consistent with the city council's commitment

854
01:21:56,020 --> 01:22:01,740
to fairness and transparency and out of respect for the voices of the residents this decision

855
01:22:01,740 --> 01:22:06,600
affects. The city provided notice the neighboring property owners to hold a public hearing

856
01:22:06,600 --> 01:22:14,180
and providing the public an interested party on genuine opportunity to be heard and to share their

857
01:22:14,180 --> 01:22:17,280
use prior to the final action of the settlement agreement.

858
01:22:18,520 --> 01:22:24,140
The requested documents are required for the Council's fairness and transparency that

859
01:22:24,140 --> 01:22:25,800
is referenced in this resolution.

860
01:22:26,400 --> 01:22:31,160
Without them, I do not have the genuine opportunity to be heard.

861
01:22:32,380 --> 01:22:36,040
I will provide the testimony that I can with what is available to me tonight.

862
01:22:37,240 --> 01:22:41,980
However, I request that this public hearing remain open until after I received the requested

863
01:22:41,980 --> 01:22:45,340
documents and have had time to review them with my legal counsel.

864
01:22:46,620 --> 01:22:51,040
Specifically, but not only, I will not be providing any testimony this evening regarding

865
01:22:51,040 --> 01:22:56,880
the proposed plans or compliance with the LDC and I reserve the right to do so when I receive

866
01:22:56,880 --> 01:23:01,680
the documents and had ample opportunity to review them.

867
01:23:03,340 --> 01:23:07,980
As for the testimony I can provide tonight, let's start with my objections, the legal notice

868
01:23:07,980 --> 01:23:11,860
the public hearing in the September 1 Council agenda.

869
01:23:13,760 --> 01:23:18,740
The proposed resolution first mentioned in the City Council meeting agenda and the legal

870
01:23:18,740 --> 01:23:25,140
notice of public hearing references the development as the now compliant development.

871
01:23:26,160 --> 01:23:31,080
If Council has already determined the development to be compliant with the LDC, why are

872
01:23:31,080 --> 01:23:33,360
we here tonight on September 15th?

873
01:23:33,360 --> 01:23:41,020
If Council has already determined liability for a multi-million dollar administrative hardship claim again, why are we here tonight?

874
01:23:42,140 --> 01:23:50,300
In essence, if this has already been determined, this is nothing but a dog and pony show for this Council to say they've given us the opportunity to be heard.

875
01:23:51,980 --> 01:23:59,040
Again, this is important that I receive the documents from which I have sought.

876
01:23:59,880 --> 01:24:07,580
The documents upon which council premises the statements are again what I requested in my public record to request.

877
01:24:09,300 --> 01:24:13,760
As for my objections to settlement agreement, I have questions and objections as follows.

878
01:24:14,600 --> 01:24:23,220
On page two, it states that prestige met with the city staff to address concerns and made revisions to the plans that an effort to better comply with the LVC.

879
01:24:23,220 --> 01:24:29,540
Are the plans and compliance with the LDC as stated in the proposed resolution where it said they're already compliant?

880
01:24:30,200 --> 01:24:34,340
Or are they only in better compliance with the LDC? There is a difference.

881
01:24:35,660 --> 01:24:42,000
Page four, it says the parties which is settled disputes, including a reference to potential claims, such as claims,

882
01:24:42,180 --> 01:24:48,200
or violations of constitutional rights. These potential claims have never been identified or articulated.

883
01:24:48,200 --> 01:24:53,540
We cannot provide fully informed testimony without knowing the details of these claims.

884
01:24:54,340 --> 01:24:58,200
Again, that is what I requested and did not receive them.

885
01:24:59,480 --> 01:24:59,840
Page 5.

886
01:25:00,000 --> 01:25:16,460
Next goes through the analysis of City Council, a prior providing approvals for the first two steps of the required three step process with planning commission and then also gives the city manager and in some instances the city engineer, the final authority.

887
01:25:17,800 --> 01:25:24,880
I'm not going to go through all those again. I know Mr. Sutton addressed them. We all know what it says, but I do want to respond to that.

888
01:25:24,880 --> 01:25:31,840
By saying, in summary, this settlement is nothing but an end run around of the final judgment

889
01:25:31,840 --> 01:25:34,080
of the Summit County Court of Common Police.

890
01:25:35,100 --> 01:25:40,920
Council does not have the authority to grant, to excuse me, does not have authority to grant

891
01:25:40,920 --> 01:25:44,880
developmental approvals that the Planning Commission denied and the court agreed.

892
01:25:45,520 --> 01:25:49,660
Because they do not have the authority to do this, the settlement exceeds the court's authority.

893
01:25:49,660 --> 01:25:55,360
While Council can exercise this legislative authority to resolve lawsuits and petting claims,

894
01:25:55,660 --> 01:26:02,320
there are parameters. This is not an unlimited power. A settlement cannot permit Council

895
01:26:02,320 --> 01:26:10,040
to exceed their authority. It does not extend to granting development approvals, the LDC and

896
01:26:10,040 --> 01:26:16,500
the City Charter, assigned exclusively to the Planning Commission. Under Ohio's constitutional

897
01:26:16,500 --> 01:26:23,160
home rule amendment, the city charter is the Supreme Constitution of the city. If this charter

898
01:26:23,160 --> 01:26:30,820
dictates planning commission has the final authority, the final approval authority city council

899
01:26:30,820 --> 01:26:36,760
cannot override this by a vote or an ordinance. City council does have the authority to amend

900
01:26:36,760 --> 01:26:42,860
land development code three legislative act. If the council wants to have the final authority,

901
01:26:42,860 --> 01:26:45,560
It cannot do so by passing an ordinance.

902
01:26:47,060 --> 01:26:49,300
It can only also be done through a charter amendment,

903
01:26:49,960 --> 01:26:51,400
through a charter review commission.

904
01:26:52,120 --> 01:26:53,220
We do not have this here.

905
01:26:53,700 --> 01:26:57,540
We have this council attempting to do exactly what is prohibited

906
01:26:57,540 --> 01:27:00,260
by well-established Ohio law.

907
01:27:04,240 --> 01:27:07,100
Additionally, the settlement agreement is barbed by Ways due to Kada.

908
01:27:07,240 --> 01:27:09,100
I won't get into law the legal arguments,

909
01:27:09,740 --> 01:27:12,900
but under Ohio law, the Summit County Court of Common,

910
01:27:12,900 --> 01:27:15,100
please court decision resolves all matters

911
01:27:15,100 --> 01:27:21,900
that were or could have been litigated in that proceeding, including this alleged constitutional

912
01:27:21,900 --> 01:27:28,860
hardship claim. Yes, proceed to appeal, but they cannot raise new issues on appeal. The

913
01:27:28,860 --> 01:27:32,980
standard of review by the public court makes it very challenging for prestige to prevail

914
01:27:32,980 --> 01:27:42,280
on appeal. Additionally, the Satellite Agreement is too open-ended. Page 6, it states that it permits

915
01:27:42,280 --> 01:27:46,920
essentially unlimited variances to the plan that are attached to the settlement agreement.

916
01:27:48,420 --> 01:27:51,120
It says the city will not object to any changes to the plan,

917
01:27:51,420 --> 01:27:54,520
provide the changes are in substantial compliance with the plan,

918
01:27:54,820 --> 01:27:55,920
at whose determination.

919
01:27:57,240 --> 01:27:59,980
At page 8, for necessary modifications,

920
01:28:00,580 --> 01:28:04,520
parties recognize, it says, the parties recognize the development as planned,

921
01:28:05,340 --> 01:28:11,560
may need to be modified to which prestige is only required to work in good faith

922
01:28:11,560 --> 01:28:17,820
and only the city manager has authority to approve these modifications. In other words, the plans

923
01:28:17,820 --> 01:28:23,620
can change at any time without limitation without any knowledge to the public or any opportunity

924
01:28:23,620 --> 01:28:30,620
for the public to be heard. This is not a good faith settlement. Moving on to the administrative

925
01:28:30,620 --> 01:28:36,060
hardship claim. Without waving my objections regarding the hardship claim or my right to be heard

926
01:28:36,060 --> 01:28:40,420
upon receipt of the requested documents, I would like to address the claim.

927
01:28:41,780 --> 01:28:46,720
The Settlement Agreement referenced the claim is being made to LDC Section 1210.04.

928
01:28:47,720 --> 01:28:54,280
As Mr. Sutton itemized, 1210.04 has a very specific and detailed procedural process

929
01:28:54,280 --> 01:29:02,020
that must be followed by Council and a petitioner to proceed on their hardship claim.

930
01:29:02,020 --> 01:29:08,100
Without seeing these documents which I requested, I have no way of knowing whether the hardship

931
01:29:08,100 --> 01:29:10,320
claim meets any of these requirements.

932
01:29:13,820 --> 01:29:21,040
However, 1210.04 requires a council within 30 days of filing the petition to make a determination

933
01:29:21,040 --> 01:29:26,020
as to whether the petitioner has a pre-emphasic case of economic hardship.

934
01:29:26,020 --> 01:29:33,760
If Council determines the petitioner has not made a pre-Mathasia case, the petition is to be denied by Council.

935
01:29:34,700 --> 01:29:38,960
If Council, however, does make a preliminary determination of academic hardship.

936
01:29:39,540 --> 01:29:45,840
A hearing officer must be appointed to review the information and a public hearing must be held.

937
01:29:47,140 --> 01:29:52,520
12104 even provides specific requirements about the required notice of hearing.

938
01:29:54,260 --> 01:29:57,460
The driving force of the settlement is this hardship claim.

939
01:29:58,780 --> 01:29:59,960
As I have not read, see.

940
01:30:00,000 --> 01:30:15,260
We need to request the documents. I have no idea if the claim meets any of the requirements of the code. However, as council is basing the settlement on the multi-million dollar hardship claim, they apparently have determined prestige has made the prima facet of showing of economic hardship.

941
01:30:15,960 --> 01:30:26,760
If so, they are required to appoint a hearing officer and notice and hold a public hearing. This has never occurred, which only means one of three, well it means only three scenarios.

942
01:30:27,380 --> 01:30:32,700
One, Council determined prestige did not make the prima facie showing, and if that's the case,

943
01:30:32,860 --> 01:30:38,900
why are we setting on claim that we already determined President Merit or two, Council did not

944
01:30:38,900 --> 01:30:44,220
follow the procedure, and maybe prestigious claim is really against the city for not following the required procedures.

945
01:30:45,480 --> 01:30:51,820
Or three, Council just decided to ignore 1210.04 entirely, skip the required public hearing while a sign

946
01:30:51,820 --> 01:30:59,200
is using 12104 as the catalyst for the settlement, which one is it? It can't be one or the

947
01:30:59,200 --> 01:31:05,080
other. Additionally, to prevail on a hardship claim, Pristice has a very high burden to

948
01:31:05,080 --> 01:31:10,760
prove deprivation of all economically viable use of the land. Planning commission on the

949
01:31:10,760 --> 01:31:16,160
record provide an instructions to procedures how they can have their plan approved. Pristice has

950
01:31:16,160 --> 01:31:23,080
given the recommendations of how to make the land, the plan, a complaint with the land development

951
01:31:23,080 --> 01:31:29,800
code, prestige refused because that plan is not as economically viable as they would like.

952
01:31:31,020 --> 01:31:38,240
There's a big difference between having zero economic viability and it's just not as economic

953
01:31:38,240 --> 01:31:43,240
as I want it to be. I need to make more money. There is no hardship in that situation.

954
01:31:45,550 --> 01:31:45,670
So

955
01:31:45,670 --> 01:31:51,650
closing and to be clear, I am not opposed to the development of this property. I have said

956
01:31:51,650 --> 01:31:58,010
that on the record many times. My only request has been and has always been that the development

957
01:31:58,010 --> 01:32:03,810
be in accordance with the land development code. To be clear, I am also in favor of resolving

958
01:32:03,810 --> 01:32:09,410
this matter. I have been involved in some matter with this property for the past at least three

959
01:32:09,410 --> 01:32:14,510
years if not more. We all want to be done. I understand, I understand the practicality of being

960
01:32:14,510 --> 01:32:21,010
with us and moving on. However, this proposed settlement is a terrible resolution. It's illegal.

961
01:32:21,650 --> 01:32:26,710
It's such a dangerous precedent on so many levels. And I say that's both as a private citizen

962
01:32:26,710 --> 01:32:32,770
and is a formerly practicing attorney in construction law and real estate for almost 25 years.

963
01:32:33,690 --> 01:32:39,390
City Council, you must do better. Thank you. Thank you, Mr. Jones.

964
01:32:48,620 --> 01:32:54,680
Given the amount of detail provided by Mr. Sutton and Mrs. Jones, I am going to ask council

965
01:32:54,680 --> 01:32:57,580
if they have any questions for either of those residents.

966
01:33:01,850 --> 01:33:02,350
The questions?

967
01:33:03,430 --> 01:33:03,470
Okay.

968
01:33:04,710 --> 01:33:05,250
Thank you.

969
01:33:05,410 --> 01:33:10,030
We will move on to there are three more residents who live within 300 feet who have raised

970
01:33:10,030 --> 01:33:12,550
her hand and been sworn in, ma'am, if you'd like to continue.

971
01:33:13,430 --> 01:33:15,990
Just please state your name and address and you'll have 15 minutes.

972
01:33:17,390 --> 01:33:19,770
My name is Kim Kosmasagade.

973
01:33:19,910 --> 01:33:23,390
I have the horse farm at 2242 Reventestrate.

974
01:33:23,870 --> 01:33:27,810
We live across the street from Mr. Sutton and the Jones family.

975
01:33:28,670 --> 01:33:31,850
My biggest concern is the water.

976
01:33:35,830 --> 01:33:43,470
As I mean, if you drive down the road, you'll see they have a big pump in the middle of the field on the south side

977
01:33:43,470 --> 01:33:45,010
to drain the water.

978
01:33:45,290 --> 01:33:48,070
I think it's kind of like right across from Mary Surgey's house.

979
01:33:48,330 --> 01:33:50,390
The middle of that call to sack, it looks like,

980
01:33:50,650 --> 01:33:53,150
and where the water's going, I have no idea.

981
01:33:54,430 --> 01:33:56,150
It's not coming on to Arlan currently,

982
01:33:56,310 --> 01:34:00,670
but my concern is from Mr. Sutton side and Melissa side,

983
01:34:01,230 --> 01:34:05,010
they say with the development plan

984
01:34:05,010 --> 01:34:08,350
that the storm water is going to run over Reventestrate.

985
01:34:09,990 --> 01:34:12,070
And on to our east side of our property.

986
01:34:12,070 --> 01:34:15,330
And being, I don't want any more water, I got enough water.

987
01:34:17,050 --> 01:34:21,070
And that is my concern with the development, whether it goes through, you know,

988
01:34:21,190 --> 01:34:25,730
as a conservation conservancy, whatever that is, or just a bunch of houses.

989
01:34:26,050 --> 01:34:32,110
I just would really like the water to stay where it is and not come to our side of the property.

990
01:34:32,810 --> 01:34:33,710
Thank you.

991
01:34:34,350 --> 01:34:34,930
Thank you, man.

992
01:34:39,720 --> 01:34:42,820
There are two other individuals who are sworn in.

993
01:34:43,060 --> 01:34:44,480
Does somebody want to speak next?

994
01:34:44,480 --> 01:34:46,400
Ma'am,

995
01:34:50,380 --> 01:34:53,000
I say your name and address and you'll have 15 minutes as well.

996
01:34:54,320 --> 01:34:59,980
I'm Nova Buchanan and I'm at 6312 Stowe Road, which...

997
01:35:00,000 --> 01:35:10,940
Is right behind what is proposed to be locked 21 and 22 of the development plan?

998
01:35:13,480 --> 01:35:14,360
I came here really

999
01:35:14,360 --> 01:35:24,680
not knowing, I've lived there now since 1991 and the lot next to me was empty and was purchased

1000
01:35:24,680 --> 01:35:54,660
apparently by Visnig for this development, and I didn't even, the, the foreseal sign by the previous owner was there for two years following that purchase. I don't know, it still might be there with his phone number on it, but I certainly would have liked to purchase it. So, yes, it is, um, of interest. And, you know, it, it juts out. I don't know if you can see, um, and anyway, you know, I guess I would like to share some thoughts about it.

1001
01:35:54,660 --> 01:36:02,560
the actual development. So that piece of land concerns me in that it is considered

1002
01:36:03,380 --> 01:36:09,020
a part of the contiguous open space. First of all, what is that? I've never lived in a development

1003
01:36:09,020 --> 01:36:15,660
so I don't know. And does that mean that anybody can walk along it? So now is there a property

1004
01:36:15,660 --> 01:36:22,500
next to me that was originally zoned residential but is now being zoned for an access

1005
01:36:22,500 --> 01:36:28,620
way or trail or something that walks along my property and now kind of gives full view of my

1006
01:36:28,620 --> 01:36:29,020
backyard.

1007
01:36:29,340 --> 01:36:29,820
I don't know.

1008
01:36:30,020 --> 01:36:31,100
I would like a neighbor.

1009
01:36:31,540 --> 01:36:33,560
We all would like neighbors on either side.

1010
01:36:33,720 --> 01:36:38,200
We can talk, make friends with them, but to have open space where people can just walk

1011
01:36:38,200 --> 01:36:40,780
along just doesn't appeal to me.

1012
01:36:41,740 --> 01:36:46,480
When I moved there, it was a township and you know, I would never want it to become suddenly

1013
01:36:46,480 --> 01:36:55,560
a corner lot or next to a trail, I guess that's my thought and so I did write a letter back

1014
01:36:55,560 --> 01:36:57,740
in 2025.

1015
01:37:00,260 --> 01:37:07,160
I live on Sto Road behind was proposed to be a lot of 2021 and 22 and my biggest concern

1016
01:37:07,160 --> 01:37:12,960
relates to the traffic at this busy and oftentimes dangerous Sto Road and Revenestreet

1017
01:37:12,960 --> 01:37:13,780
intersection.

1018
01:37:14,600 --> 01:37:18,100
Snow Road traffic is generally backed up from this intersection

1019
01:37:18,100 --> 01:37:22,240
beyond my house on any given weekday during rush hour.

1020
01:37:22,940 --> 01:37:24,120
Both morning and afternoon.

1021
01:37:25,180 --> 01:37:26,960
Adding 32 houses.

1022
01:37:27,560 --> 01:37:29,220
Well, I don't know what it is right now.

1023
01:37:30,280 --> 01:37:31,140
What is there right now?

1024
01:37:31,360 --> 01:37:32,660
Yeah, 32 houses.

1025
01:37:34,260 --> 01:37:37,880
Well, likely at least 60 more commuters to this intersection,

1026
01:37:38,120 --> 01:37:40,840
not to mention more school buses and stops.

1027
01:37:40,840 --> 01:37:45,860
Um, this further reduces the rural charm and feel of this neighborhood.

1028
01:37:47,960 --> 01:37:49,980
So, um, that is one of my concerns.

1029
01:37:51,660 --> 01:37:56,660
And, um, and just being able to bring these concerns forward is important.

1030
01:37:57,080 --> 01:38:00,080
And that's, I guess, what I, I'm learning tonight.

1031
01:38:00,680 --> 01:38:02,780
What might be being undermined.

1032
01:38:04,160 --> 01:38:06,840
So, um, you know, this is about a settlement,

1033
01:38:06,840 --> 01:38:16,320
not about planning a design and so if the settlement is approved, does that mean that the design won't be

1034
01:38:16,320 --> 01:38:23,520
you know, just kind of considered a little bit more deeply with the people around it. I don't know.

1035
01:38:25,080 --> 01:38:32,600
So it's a public hearing is a hardship settlement and so public hearing invites in public input

1036
01:38:32,600 --> 01:38:35,640
where as a hardship settlement avoids public input,

1037
01:38:35,940 --> 01:38:36,900
it seems like to me.

1038
01:38:37,160 --> 01:38:40,640
I could be wrong on that, but that's my takeaway on it.

1039
01:38:40,920 --> 01:38:43,080
I'm not that well versed in this sort of thing,

1040
01:38:43,200 --> 01:38:44,440
so apologize for that.

1041
01:38:44,600 --> 01:38:48,140
I do second motion, Melissa and Skyler's comments.

1042
01:38:48,800 --> 01:38:50,220
I think they're very good.

1043
01:38:50,900 --> 01:38:53,940
And I guess I would just like a little bit more time

1044
01:38:53,940 --> 01:38:57,180
and consideration for those that live around the settlement.

1045
01:38:58,520 --> 01:39:01,880
So let's make sure that I was writing down notes

1046
01:39:01,880 --> 01:39:06,720
that was sitting there. Please bear with me as I go through and just kind of make sure I

1047
01:39:06,720 --> 01:39:13,700
covered everything. Yeah, I think I have. So thank you for considering. Thank you, Mrs. Buchanan.

1048
01:39:15,880 --> 01:39:20,520
Has previously noted this council have any questions for Mrs. Buchanan over the prior speaker.

1049
01:39:23,170 --> 01:39:28,730
Seeing no questions. There was one other person sworn in. You remind me who that was.

1050
01:39:30,250 --> 01:39:30,790
Yes.

1051
01:39:32,090 --> 01:39:32,490
No comment?

1052
01:39:35,210 --> 01:39:35,890
Thank you.

1053
01:39:36,790 --> 01:39:40,910
Is there any other resident here tonight who lives within 300 feet of this proposed

1054
01:39:40,910 --> 01:39:42,630
development that would like to speak?

1055
01:39:42,850 --> 01:39:45,670
Again, you should have received a letter, notifying you of such.

1056
01:39:46,010 --> 01:39:49,650
Is there anyone else with those credentials that wishes to speak tonight?

1057
01:39:52,570 --> 01:39:59,770
Seeing none, we will move on to our next section, which is, Councillor Breuseberg, do you

1058
01:39:59,770 --> 01:39:59,970
Thank you.

1059
01:40:00,000 --> 01:40:07,240
Question for any of those? I suppose, now that we had confirmed, there were no more comments. Okay, we have an opportunity.

1060
01:40:08,180 --> 01:40:26,240
Council of Residence? Yes. Thank you. Just keep this very brief. I am not a lawyer, and I don't pretend to be one. I think even a well-versed lawyer would not give an opinion after hearing some legal thoughts for the very first time.

1061
01:40:26,240 --> 01:40:36,340
So I plan to confer with a city solicitor and take this feedback, this is actually a public hearing, and I do want to hear that feedback.

1062
01:40:36,540 --> 01:40:45,540
I don't have a lot to give back yet at this time. The only thing I would maybe ask a Tom, I know we don't have Brad here.

1063
01:40:47,060 --> 01:40:53,020
I do believe you did some amount of work on the stormwater, you're somewhat familiar on that. Do you have any comment on the stormwater?

1064
01:40:55,860 --> 01:41:00,380
It's currently a conceptual plan, so they are going to be doing stormwater improvements

1065
01:41:00,380 --> 01:41:04,480
but we haven't gotten it, but we have not gotten into detail design yet.

1066
01:41:04,640 --> 01:41:05,680
I need a thank you.

1067
01:41:07,280 --> 01:41:10,720
Thank you Councillor Brezzvic, before we move on, is there any other comment or question

1068
01:41:10,720 --> 01:41:12,080
from council members?

1069
01:41:15,680 --> 01:41:20,140
Seeing none, we'll move on to the next section of our hearing tonight, which we'll move to

1070
01:41:20,140 --> 01:41:26,580
the portion where we will hear comments via testimony from any other resident of the municipality,

1071
01:41:26,580 --> 01:41:31,860
So as long as you're a resident within the municipality, you have the opportunity to speak at the podium.

1072
01:41:32,420 --> 01:41:34,280
That time limit will be five minutes.

1073
01:41:35,120 --> 01:41:38,760
Therefore, is there anyone here tonight that would like to speak?

1074
01:41:39,920 --> 01:41:39,940
Him?

1075
01:41:41,460 --> 01:41:48,280
And I will swear everybody in, if anybody else plans to speak as a, don't take this wrong way,

1076
01:41:48,360 --> 01:41:49,100
general resident.

1077
01:41:50,200 --> 01:41:53,480
If you will all stand and raise your right hand, I will swear you in.

1078
01:41:53,480 --> 01:41:57,780
And again, this is only to speak on this public hearing.

1079
01:41:57,780 --> 01:41:59,560
This is not general public comments.

1080
01:42:01,240 --> 01:42:01,340
OK.

1081
01:42:01,800 --> 01:42:04,180
If everybody who plans to speak is a resident,

1082
01:42:04,340 --> 01:42:05,640
will you please raise your right hand?

1083
01:42:08,720 --> 01:42:10,620
You solemnly swear under the penalty of perjury

1084
01:42:10,620 --> 01:42:12,220
that you will tell the truth, the whole truth,

1085
01:42:12,320 --> 01:42:14,940
and nothing but the truth during your testimony this evening.

1086
01:42:15,180 --> 01:42:16,500
If so, please say I do.

1087
01:42:17,900 --> 01:42:18,360
Thank you.

1088
01:42:18,440 --> 01:42:19,360
Mam, you are first.

1089
01:42:20,520 --> 01:42:21,960
If you'd like to speak, Mam.

1090
01:42:22,100 --> 01:42:22,880
You have to say our name.

1091
01:42:23,820 --> 01:42:28,940
for the record, we would like you to say, state your name and address, so that we can verify

1092
01:42:28,940 --> 01:42:31,180
that you are a municipal resident of the municipality.

1093
01:42:31,400 --> 01:42:31,620
Great.

1094
01:42:31,780 --> 01:42:35,500
My name is Jennifer Justice, a government and I probably have 400 feet from the development.

1095
01:42:36,460 --> 01:42:39,360
So is the 300 feet rule part of land development code?

1096
01:42:39,940 --> 01:42:40,560
I'm just curious.

1097
01:42:41,200 --> 01:42:42,320
Where that rule came from.

1098
01:42:43,420 --> 01:42:43,920
Is it?

1099
01:42:43,920 --> 01:42:45,880
Can anybody answer that for me?

1100
01:42:51,450 --> 01:42:52,730
Thank you Mr. Zedak.

1101
01:42:53,690 --> 01:42:53,930
Okay.

1102
01:42:53,930 --> 01:42:57,830
This is your opportunity to speak to Council and provide your testimony.

1103
01:42:58,150 --> 01:42:58,930
Okay, and not ask questions.

1104
01:42:58,930 --> 01:43:03,850
If Council chooses to answer or ask questions after your testimony,

1105
01:43:04,210 --> 01:43:05,810
they can do that, but they're not required.

1106
01:43:05,950 --> 01:43:10,130
My main concern, again, having lived here 32 years is the amount of traffic

1107
01:43:10,130 --> 01:43:13,150
that's going to be impacted with the new housing.

1108
01:43:13,890 --> 01:43:18,110
I'm all for getting new families in the community and enriching our schools.

1109
01:43:18,510 --> 01:43:23,270
I also believe philosophically, there's other ways to get people to participate in our schools.

1110
01:43:23,270 --> 01:43:25,870
but that's a discussion for another time.

1111
01:43:26,570 --> 01:43:29,350
However, I want us to do things right,

1112
01:43:30,210 --> 01:43:33,430
and perhaps maybe look at one project at a time and do it well.

1113
01:43:34,730 --> 01:43:38,410
So I hope that this will give be given as much attention

1114
01:43:38,410 --> 01:43:41,750
as all the other projects that the city is working on right now,

1115
01:43:41,910 --> 01:43:46,170
in addition to housing and other areas that we're looking to develop.

1116
01:43:48,210 --> 01:43:51,250
So having lived here 32 years, I've seen people

1117
01:43:51,250 --> 01:44:00,350
Be killed at that intersection, lots of horrible accidents at that intersection, and I just want people to be safe, and this to be done the right way.

1118
01:44:00,710 --> 01:44:06,110
So it also like to include a traffic study, and whether or not more traffic lights are going to be needed there.

1119
01:44:06,390 --> 01:44:10,770
And as other people have proposed and talked about over the years, maybe even a traffic circle there.

1120
01:44:11,170 --> 01:44:18,610
But the way those two roads intersect, stow road in Revenest Street, it's a very dangerous intersection. Thank you.

1121
01:44:18,610 --> 01:44:22,790
Thank you, ma'am.

1122
01:44:22,790 --> 01:44:23,970
Next person, ma'am.

1123
01:44:31,710 --> 01:44:33,210
Again, if you'll just state your name and address,

1124
01:44:33,410 --> 01:44:34,290
and then you'll have five minutes.

1125
01:44:34,730 --> 01:44:36,750
Very Miller 68 Fox trace lane.

1126
01:44:37,390 --> 01:44:38,970
I didn't intend to speak tonight.

1127
01:44:39,130 --> 01:44:41,590
I kind of want to hear and see what was going on tonight.

1128
01:44:42,890 --> 01:44:46,170
I, in the Fox trace, Pinewood neighborhood,

1129
01:44:46,450 --> 01:44:48,690
and many of us have faced stormwater issues,

1130
01:44:49,190 --> 01:44:54,690
and we will be impacted if this is not done well,

1131
01:44:54,730 --> 01:44:55,710
and not done right.

1132
01:44:56,410 --> 01:44:59,970
and hearing what I heard tonight gives me even more.

1133
01:45:00,000 --> 01:45:18,060
Concerned, then when I first came here to have this go through a process where it goes directly to the city manager to make a decision without further involvement with our zoning and planning commission is insane.

1134
01:45:18,680 --> 01:45:21,300
I can't even believe you guys would undertake that.

1135
01:45:21,480 --> 01:45:24,340
I hope you give it the length of discussion

1136
01:45:24,340 --> 01:45:27,820
that the community is bringing up about this now.

1137
01:45:29,040 --> 01:45:31,420
This all impacts a lot of people if this is not done right

1138
01:45:31,420 --> 01:45:35,800
and we don't have, we have a lot of, you know,

1139
01:45:36,000 --> 01:45:38,360
you all know I've lived here almost 60 years.

1140
01:45:38,560 --> 01:45:39,880
I know what our zoning commission.

1141
01:45:40,120 --> 01:45:43,220
We have a great reputation for being thorough

1142
01:45:43,220 --> 01:45:47,720
and it's produced a city that we all love.

1143
01:45:48,680 --> 01:45:54,200
I hope we continue and not having something that's just blanket approved and we don't have the ability

1144
01:45:54,200 --> 01:46:01,320
to continue to have our residents have impact on those decisions made later on.

1145
01:46:01,620 --> 01:46:05,140
So please, please be careful with this decision. Thank you.

1146
01:46:10,900 --> 01:46:11,940
Thank you, Mrs. Miller.

1147
01:46:14,400 --> 01:46:16,160
Who would like to speak next, ma'am?

1148
01:46:22,880 --> 01:46:28,880
It evening, I'm Susan Newman on 2694 Stonebridge Court, and I am here tonight on making

1149
01:46:28,880 --> 01:46:31,800
comments on behalf of the Hudson Heritage Association.

1150
01:46:32,780 --> 01:46:37,080
We have several issues that are related to the proposed settlement on Canterbury crossing

1151
01:46:37,080 --> 01:46:38,600
that we would like you to consider.

1152
01:46:39,380 --> 01:46:44,680
Our first concern is that this agreement seems to contradict the provisions in the city charter.

1153
01:46:45,300 --> 01:46:52,340
The charter section 9.03 states in plain language that the comprehensive plan, in effect,

1154
01:46:52,340 --> 01:46:56,720
She'll be the operative growth management policy for the municipality.

1155
01:46:57,740 --> 01:47:02,720
This does not refer to a prior comprehensive plan, but the current plan.

1156
01:47:03,460 --> 01:47:11,100
City staff has on several occasions downplay the significance of the comprehensive plan, but our city charter does not.

1157
01:47:11,860 --> 01:47:17,880
Our current plan designates this area as rural, residential, and defines what that means.

1158
01:47:17,880 --> 01:47:28,440
The proposal by the developer was submitted in September of 2025 after the current version of the comprehensive plan was in effect.

1159
01:47:29,200 --> 01:47:41,120
We do not understand why in the settlement with this developer we are not starting out with the current version of the comprehensive plan as our settlement position and supporting the planning commission.

1160
01:47:41,120 --> 01:47:44,640
We should follow the rules of our municipality.

1161
01:47:46,040 --> 01:47:53,520
Secondly, it seems that this settlement is also undermining the planning commission and other boards by circumventing their authority.

1162
01:47:54,360 --> 01:48:03,140
One example is that in the charter, in section 9.02, it states in plain language that the planning commission is the

1163
01:48:03,140 --> 01:48:05,680
planning commission of the municipality.

1164
01:48:06,540 --> 01:48:10,400
However, in the settlement, under Part C2,

1165
01:48:10,680 --> 01:48:12,700
the city manager is given the authority

1166
01:48:12,700 --> 01:48:15,100
for the final subdivision plat approval

1167
01:48:15,100 --> 01:48:18,140
and is also given the authority to determine

1168
01:48:18,140 --> 01:48:21,440
if the applicable LDC standards have been met.

1169
01:48:22,060 --> 01:48:24,960
This also seems to be in conflict with our city charter.

1170
01:48:26,340 --> 01:48:28,720
Our city is governed by a charter

1171
01:48:28,720 --> 01:48:31,640
and this settlement needs to follow it

1172
01:48:31,640 --> 01:48:33,620
since those are the rules of the municipality.

1173
01:48:34,600 --> 01:48:40,340
The State of Ohio, under administrative code section 2921.444,

1174
01:48:40,520 --> 01:48:43,660
Part E, takes a dim view of public officials

1175
01:48:43,660 --> 01:48:46,840
who tried to circumvent the policies and procedures

1176
01:48:46,840 --> 01:48:48,940
established by a city charter.

1177
01:48:49,520 --> 01:48:51,780
We ask that you consider the foregoing

1178
01:48:51,780 --> 01:48:53,920
when voting on this proposed settlement.

1179
01:48:54,920 --> 01:48:57,140
Hudson Heritage supports the boards

1180
01:48:57,140 --> 01:48:59,380
and the commissions created by the charter

1181
01:48:59,380 --> 01:49:07,120
As well as the process is put into place, protect our historic district and the entire surrounding community.

1182
01:49:07,760 --> 01:49:08,260
Thank you.

1183
01:49:13,800 --> 01:49:15,140
Thank you, Mrs. Newman.

1184
01:49:16,480 --> 01:49:19,720
Was there somebody over here that had the sworn in?

1185
01:49:22,140 --> 01:49:23,000
Am in the wait.

1186
01:49:28,500 --> 01:49:30,960
You please state your name and address and you'll have five minutes.

1187
01:49:33,430 --> 01:49:35,270
Hi, my name is Christine Decade Othaxon.

1188
01:49:35,870 --> 01:49:37,770
I live at 2710.

1189
01:49:37,770 --> 01:49:41,710
Reventest Street, I am a co-owner of Thaxon Family Farm,

1190
01:49:42,330 --> 01:49:45,550
Thaxon's organic garlic, business owner here in town,

1191
01:49:45,830 --> 01:49:49,570
heavy cotourism, and a lot of investment, the rural residential areas,

1192
01:49:50,130 --> 01:49:54,190
as my neighborhood. First of all, I'd like to thank you all for your service.

1193
01:49:54,770 --> 01:49:58,630
Of this point, you've done great, and I would hope that you will continue to

1194
01:49:58,630 --> 01:49:59,970
present our city the same way.

1195
01:50:00,740 --> 01:50:29,980
By backgrounds are in environmental. I was a vice president, director of an environmental laboratory for eight years, testing soil and ground water for priority pollutants to the EPA. I was director of that lab. We tested soil and ground water for underground storage tanks, ground fields, and all of those associated ground waters. I am pretty well educated in the ground water store, modern situation. I'm going to bring up some concerns that I sent to all of you in the past. I'm going to bring up some concerns that I sent to all of you in the past. I'm going to bring up some concerns that I sent to all of

1196
01:50:29,980 --> 01:50:31,980
writing today, before 430.

1197
01:50:32,500 --> 01:50:34,240
First of all, this is Roe Residential.

1198
01:50:34,780 --> 01:50:37,840
When I moved here in 1991, Roe Residential was five acres

1199
01:50:37,840 --> 01:50:38,820
when we were at Township.

1200
01:50:38,920 --> 01:50:40,580
Now, we're a city, it's 2.5.

1201
01:50:41,000 --> 01:50:43,000
We have a lot of discussion about that.

1202
01:50:43,160 --> 01:50:45,140
I personally, this just me personally,

1203
01:50:45,640 --> 01:50:46,980
don't believe that this development

1204
01:50:46,980 --> 01:50:49,060
is following those Roe Residential codes.

1205
01:50:50,100 --> 01:50:52,740
Second of all, the community surveys and concerns.

1206
01:50:53,240 --> 01:50:55,720
The people in this community are surveyed all the time.

1207
01:50:55,820 --> 01:50:58,000
This is not the type of development they're looking for.

1208
01:50:58,000 --> 01:51:04,840
They're looking for housing that older people like myself or other people can sell their

1209
01:51:04,840 --> 01:51:10,560
canterbury homes and move into a price point and a nice area for a home that fits their

1210
01:51:10,560 --> 01:51:10,860
needs.

1211
01:51:11,200 --> 01:51:11,920
This is not that.

1212
01:51:11,940 --> 01:51:13,220
This is a baby canterbury.

1213
01:51:14,980 --> 01:51:18,540
The groundwater and surface water and soil stability are an issue.

1214
01:51:19,080 --> 01:51:20,500
There is a well on that property.

1215
01:51:20,780 --> 01:51:21,980
It was drilled directly.

1216
01:51:22,680 --> 01:51:27,240
The direction of the well is heading towards Reventest Street and if you look at the

1217
01:51:27,240 --> 01:51:33,500
demographic maps, the elevation of the storm water ponds are higher than the wellhead, which means

1218
01:51:33,500 --> 01:51:38,260
once we hit a storm event, and those storm water ponds cannot take in that storm water,

1219
01:51:38,560 --> 01:51:43,760
the water will directly head towards the head of that well. Now, as you've seen lately,

1220
01:51:44,220 --> 01:51:49,480
horizontal drilling has issues. This is an older well, but that doesn't mean wells don't fail.

1221
01:51:49,600 --> 01:51:55,660
I've seen a lot of wells fail and so of you in the city with natural gas leaks and potential

1222
01:51:55,660 --> 01:52:01,900
soil contamination, sub-soyle, instability, this is a problem in the area, which means

1223
01:52:01,900 --> 01:52:06,240
now the city is going to have to upgrade, update all their swarm water because of this

1224
01:52:06,240 --> 01:52:11,680
development. We're going to have to take into account all the nutrient loading from those

1225
01:52:11,680 --> 01:52:17,920
lines in that HOA are going to be putting poisons on their yards to develop into our groundwater.

1226
01:52:18,540 --> 01:52:24,580
This is a concern for us who are on wells and we are on wells now. The city sewer and electric

1227
01:52:24,580 --> 01:52:29,020
and water go to Hayden, assuming the developer is going to take it to the development.

1228
01:52:29,680 --> 01:52:34,020
What does that do to the city residents sitting here that have been living on that land?

1229
01:52:34,140 --> 01:52:39,500
Are they going to be able to tap into the utilities for free since they've been paying taxes all this time?

1230
01:52:39,800 --> 01:52:43,020
On Reventistry, Pasto Road, we don't get any of that.

1231
01:52:43,380 --> 01:52:49,600
I don't have a sidewalk, I don't have sewer, I don't have water, I don't have natural gas, and truthfully I don't want it.

1232
01:52:49,980 --> 01:52:53,980
So all I can say is the people that are going to be in that neighborhood should have access to it.

1233
01:52:53,980 --> 01:52:57,200
It seems pretty unfair and a taxpayer situation.

1234
01:53:00,300 --> 01:53:09,120
Three of these people on council have obviously had press that they had campaign donations made from one of the developer's teams.

1235
01:53:09,480 --> 01:53:12,760
It's all over the papers. It's all over the newspaper. It's all over the social media.

1236
01:53:13,280 --> 01:53:19,980
It's just to be bad optics. Do I believe that you knew that money went to your accounts from these guys? Probably not.

1237
01:53:20,260 --> 01:53:22,600
It was a campaign fund, but it looks bad.

1238
01:53:22,600 --> 01:53:26,680
It looks bad when we don't follow our own land development codes.

1239
01:53:26,780 --> 01:53:30,860
It looks bad when we don't listen to any of our commissions.

1240
01:53:31,500 --> 01:53:36,820
It looks bad when we're sitting here doing all the right things until this point.

1241
01:53:37,420 --> 01:53:39,060
To me, the optics are horrible.

1242
01:53:39,960 --> 01:53:40,900
And I don't understand.

1243
01:53:41,100 --> 01:53:42,420
I am completely confused.

1244
01:53:43,300 --> 01:53:45,560
And you can see now that this public is educated.

1245
01:53:46,300 --> 01:53:48,140
We have a lot of legal going here today.

1246
01:53:48,140 --> 01:53:50,240
And this is just a 15 minute talk.

1247
01:53:50,240 --> 01:53:53,240
So I feel like you guys better watch.

1248
01:53:53,880 --> 01:53:56,040
I mean, I'm not happy with this proposal.

1249
01:53:56,540 --> 01:53:58,220
I am not anti-development.

1250
01:53:58,620 --> 01:53:59,520
I think it would be great.

1251
01:53:59,620 --> 01:54:00,560
Maybe somewhere else?

1252
01:54:00,820 --> 01:54:02,700
Well, we got potential well-site here.

1253
01:54:03,000 --> 01:54:04,440
We got groundwater issues.

1254
01:54:04,880 --> 01:54:06,380
We've got soil issues.

1255
01:54:06,720 --> 01:54:11,680
I think it's just not the right property for this type of development.

1256
01:54:12,420 --> 01:54:16,740
Maybe the developers didn't realize how complicated this property really is.

1257
01:54:17,180 --> 01:54:19,140
And I think we need to keep that in mind.

1258
01:54:19,140 --> 01:54:28,700
My time's up 30 seconds in that I just want to go back to say and this is a charming community and these people expect clean water clean

1259
01:54:28,700 --> 01:54:35,110
Slayl a beautiful downtown clean air and they're not stupid and I feel like this

1260
01:54:35,400 --> 01:54:38,030
Really is an insult to all of us

1261
01:54:38,560 --> 01:54:39,520
Thank you.

1262
01:54:49,570 --> 01:54:51,550
Thank you, ma'am

1263
01:54:51,550 --> 01:54:53,270
Additional Mr. Lighter

1264
01:55:01,550 --> 01:55:06,090
I'd be at the tough act of fall of filightor, 134, Aurora Street.

1265
01:55:08,170 --> 01:55:10,510
One of my favorite songs is The Who's Won't Take

1266
01:55:10,510 --> 01:55:20,910
For Again. It is autobiography, Pete Thompson, who wrote the song, said that its lyrics were partly in response to something that happened during their performance at Woodstock.

1267
01:55:21,530 --> 01:55:31,370
Abby Hoffman, one of the leaders of the anti-establish movement in America, jumped up on stage and grabbed the microphone during their set, with the intention of making some kind of political comment.

1268
01:55:31,550 --> 01:55:36,870
Townsend already irritated because Hoffman spiked their tea with LSD before the concert.

1269
01:55:37,490 --> 01:55:39,770
Shove them off the stage and continued with the show.

1270
01:55:40,570 --> 01:55:45,290
His point in recounting this and the message behind this song is that revolutionaries

1271
01:55:45,290 --> 01:55:46,070
come and go.

1272
01:55:46,250 --> 01:55:51,370
Europe has had its fair share of them over the centuries, but the new leaders eventually fell

1273
01:55:51,370 --> 01:55:55,090
into the same patterns of corruption and ignoring the masses.

1274
01:55:55,650 --> 01:55:59,130
Hence the closing line, Methanuboss, and Seymour Zilboss.

1275
01:55:59,130 --> 01:56:02,270
I think residents in Hudson feel the same way.

1276
01:56:02,830 --> 01:56:06,830
It seems that every few years we are fighting off another set of developers who want to

1277
01:56:06,830 --> 01:56:10,410
make a profit on their speculative investments in real estate.

1278
01:56:11,130 --> 01:56:13,970
They wind about how difficult it is to do business in Hudson.

1279
01:56:14,630 --> 01:56:19,470
It wasn't all that long ago when Hudsonites were actually proud of that fact.

1280
01:56:20,190 --> 01:56:21,290
So here we are again.

1281
01:56:22,190 --> 01:56:27,010
The property owners who tried to shoehorn a dance housing development on the soybean field

1282
01:56:27,010 --> 01:56:32,770
of the corner of Ravanan, so rejected by the first planning commission, second by city council,

1283
01:56:32,950 --> 01:56:38,030
and then by the BZBA. Finally, they took their case to the Sama County Court and lost

1284
01:56:38,030 --> 01:56:38,450
again.

1285
01:56:39,770 --> 01:56:43,870
Now their lawyers have seen have figured out a way around all these procedures that are in place

1286
01:56:43,870 --> 01:56:49,330
to protect sounding neighbors and Hudson residents at large. They are a petitioning city council

1287
01:56:49,330 --> 01:56:55,390
under the guise of economic hardship to enter into a settlement agreement that would bypass

1288
01:56:55,390 --> 01:56:58,130
planning commission and give the power to approve a

1289
01:56:58,130 --> 01:57:00,510
development to one person, the city manager.

1290
01:57:01,590 --> 01:57:05,150
If this is approved by city council, every developer with a

1291
01:57:05,150 --> 01:57:08,390
project in Hudson will know that they can simply ignore our

1292
01:57:08,390 --> 01:57:11,290
boards and commissions and just threaten to sue to get their

1293
01:57:11,290 --> 01:57:11,790
own way.

1294
01:57:12,610 --> 01:57:16,010
Not only this is a dangerous precedent, but it goes against the

1295
01:57:16,010 --> 01:57:19,150
most recent comprehensive plan, which seeks less density

1296
01:57:19,150 --> 01:57:22,130
in zoning district described as rural residential.

1297
01:57:22,990 --> 01:57:28,270
I suppose this is why the settlement refers to the 2015 comprehensive plan, which the document

1298
01:57:28,270 --> 01:57:33,370
mistakenly refers to in his 2014 comprehensive plan, rather than the current one which is

1299
01:57:33,370 --> 01:57:38,910
supported by a scientifically sound public survey. After reading the Act on Beacon Journal

1300
01:57:38,910 --> 01:57:43,650
article this morning, the only thing I will add to my comments is that I don't think this is about

1301
01:57:43,650 --> 01:57:49,750
bribes to city council, but I do think sadly politics may play a role. The focus should be on what

1302
01:57:49,750 --> 01:57:55,910
best for the city and citizens of Hudson, and supporting our citizen-led boards and commissions,

1303
01:57:56,450 --> 01:58:02,590
not getting even with political rivals. By the way, the acronym NIMBY was coined by the 1970s

1304
01:58:02,590 --> 01:58:08,350
by nuclear power plants to throw shade on citizens expressing concerns over safety. It's not

1305
01:58:08,350 --> 01:58:13,410
the insult something it is. Here's hoping that our city council will not be fooled again.

1306
01:58:14,050 --> 01:58:19,470
Stay strong and support our citizen-led boards and commissions and reject the so-called settlement

1307
01:58:19,470 --> 01:58:20,370
Thank you, fruit.

1308
01:58:26,870 --> 01:58:29,890
Thank you, Mr. Lighter. Sir in the black shirt.

1309
01:58:36,130 --> 01:58:40,590
My name is Greg Hall. I live at 2.545 Ravetta Street. I have a bachelor's of science

1310
01:58:40,590 --> 01:58:46,730
degree in construction engineering and I was the secretary for the 2,000 25 charter review

1311
01:58:46,730 --> 01:58:47,370
council.

1312
01:58:49,700 --> 01:58:56,160
I'm asking council to reject resolution 26-118 and not a proof that proposed

1313
01:58:56,160 --> 01:59:01,860
can a very meta settlement. I want to be clear that I understand the city faces litigation

1314
01:59:01,860 --> 01:59:07,880
But I want to remind you that the threat of a hardship suit is not a hardship suit.

1315
01:59:09,580 --> 01:59:16,000
I believe that those damages and the methodology used in establishing them weren't independent scrutiny,

1316
01:59:16,660 --> 01:59:18,740
and I'm asking for that independent scrutiny.

1317
01:59:19,680 --> 01:59:25,260
Particularly to the extent that the valuation of the settlement relies on assumptions,

1318
01:59:25,260 --> 01:59:31,600
regarding future development and potential changes in applicable regulations not the actual land

1319
01:59:31,600 --> 01:59:37,900
value itself. It's an assumption that the land value can be developed and that's why the value has

1320
01:59:37,900 --> 01:59:43,640
gone up. Those issues are not what we're here to talk about. They are contextual to the larger

1321
01:59:43,640 --> 01:59:48,680
question before Council tonight. The city's own resolution states that the settlement would

1322
01:59:48,680 --> 01:59:54,800
established 22-lot subdivision on approximately 95 acres and resolve the pending litigation

1323
01:59:55,350 --> 01:59:59,960
and hardship claim leaving final subdivision approval primarily to.

1324
02:00:00,000 --> 02:00:11,860
Technical and Engineering Review by City staff. Therefore, tonight is not simply about settling the lawsuit. It is effectively about determining whether Hudson will accept this development under the terms of the settlement.

1325
02:00:13,600 --> 02:00:19,540
That decision should not be, should be measured against Hudson's own adopted planning objectives as many tonight have stated.

1326
02:00:19,540 --> 02:00:26,860
The 2024 Comprehensive Plan Superseeds that stated 2014 comprehensive plan referenced in this

1327
02:00:26,860 --> 02:00:31,000
element, and it identifies this property as rural residential, as we've discussed.

1328
02:00:31,740 --> 02:00:36,400
The city, cities can't do very planning documents describe that designation as low-density

1329
02:00:36,400 --> 02:00:41,220
single-family development intended to preserve the rural culture and sensitive environmental

1330
02:00:41,220 --> 02:00:41,920
areas.

1331
02:00:42,700 --> 02:00:45,700
District 2's zoning purpose is even more explicit.

1332
02:00:45,700 --> 02:00:57,700
It states that district 2 is intended to protect and preserve the city's most rural areas where agriculture, woodlands, wetland, and sensitive environmental areas in low-density development are predominant.

1333
02:00:59,140 --> 02:01:14,700
I believe that the proposal proposed development would materially alter the existing rural and environmental characteristics of this portion of town, and I have not seen a sufficient analysis demonstrating that this particular kid's settlement is consistent with those preservation objectives.

1334
02:01:14,700 --> 02:01:25,960
While I do respect the findings of the consultants that were here earlier, which, by the way, I'm not sure if I'm not wrong, they're not even here right now and you've paid for them.

1335
02:01:28,040 --> 02:01:35,580
I do think that they've missed the contextual reasoning for the district to designations and the rural residential designations.

1336
02:01:35,580 --> 02:01:54,440
We are a town that has diverse landscape and we were intended to preserve that, so while they may have found that it meets the legal definitions of the low density areas, they missed the fact that that is not the purpose of why we established that in the first place.

1337
02:01:55,380 --> 02:02:01,280
Again, they're not even here to hear me and I live right down the road from that 750 yards by the way.

1338
02:02:03,110 --> 02:02:08,350
I also want to point out that there is not a clear understanding of the environmental area

1339
02:02:08,350 --> 02:02:13,770
in that part of town, as evidenced by the almost immediate erosion of the subgrade

1340
02:02:13,770 --> 02:02:15,110
under our brand new sidewalk.

1341
02:02:15,590 --> 02:02:19,110
As an engineer, I can tell you that that is basic engineering.

1342
02:02:19,650 --> 02:02:22,410
We don't even understand how to keep a sidewalk from washing out.

1343
02:02:22,810 --> 02:02:24,890
So we clearly don't understand how to build a development.

1344
02:02:25,950 --> 02:02:27,470
We can talk about water all day long.

1345
02:02:27,570 --> 02:02:28,610
This is not new to you.

1346
02:02:30,630 --> 02:02:36,810
What specific liabilities does the $3 million protect in the provision that's stated in the settlement?

1347
02:02:37,610 --> 02:02:43,110
And under what circumstances and for how long it would be irresponsible to vote until you know that answer?

1348
02:02:44,330 --> 02:02:57,070
Why would Hudson surrender its remaining negotiation legal leverage when the city has not demonstrated that the specific settlement is preferable over continued negotiations, development, design, reviews, and litigation?

1349
02:02:57,070 --> 02:03:02,190
I'm not asking City Council to disregard the city's litigation exposure, I'm asking Council

1350
02:03:02,190 --> 02:03:07,270
to demonstrate that the permanent land use consequence of this settlement are justified

1351
02:03:07,270 --> 02:03:11,550
by the public benefits, Hudson receives an exchange for resolving that exposure.

1352
02:03:12,190 --> 02:03:16,650
As a Hudson taxpayer, I would like to also understand how much the city has spent defending

1353
02:03:16,650 --> 02:03:22,670
this matter to date, and what litigation is expected to cost should this pursue, and how

1354
02:03:22,670 --> 02:03:26,890
these figures were considered and determined against the settlement and the city's financial

1355
02:03:26,890 --> 02:03:28,790
best interest in settling it.

1356
02:03:28,870 --> 02:03:30,290
Mr. Hall, you have about 25 seconds.

1357
02:03:30,290 --> 02:03:30,830
No problem.

1358
02:03:31,470 --> 02:03:33,750
I want to address the public confidence in the tonight's decision.

1359
02:03:33,890 --> 02:03:39,270
It's under my understanding of three council members who were seen campaign donations from

1360
02:03:39,270 --> 02:03:42,290
the Canterbury Development Individuals.

1361
02:03:42,290 --> 02:03:45,910
I'm not alleging those campaigns were improper, nor am I suggesting that city council members

1362
02:03:45,910 --> 02:03:47,210
have acted improperly.

1363
02:03:47,370 --> 02:03:49,090
How have you given the magnitude of the decision?

1364
02:03:49,330 --> 02:03:52,550
I'm respectfully asking those council members to disclose whether they have sought an ethics

1365
02:03:52,550 --> 02:03:56,770
opinion regarding their participation in tonight's deliberation and if they've not

1366
02:03:56,770 --> 02:04:01,090
have asked that they publicly explain why they feel that an ethics review is

1367
02:04:01,090 --> 02:04:06,490
unnecessary before a vote is taken. I respectfully ask that this council votes

1368
02:04:06,490 --> 02:04:10,470
know for this resolution and continues to work towards a better outcome. Thank you.

1369
02:04:11,290 --> 02:04:12,370
Thank you, Mr. Hall.

1370
02:04:19,040 --> 02:04:20,820
Additional residents who were sworn in?

1371
02:04:21,500 --> 02:04:23,380
Man, were you sworn in earlier?

1372
02:04:26,060 --> 02:04:28,920
No, did I swear you in earlier? I don't recall.

1373
02:04:28,920 --> 02:04:32,260
just wanted to make sure. Okay,

1374
02:04:37,040 --> 02:04:38,840
that's okay. We have time.

1375
02:04:55,560 --> 02:04:56,640
I'll try to make this quick.

1376
02:04:58,060 --> 02:04:59,460
I have Leon or Casma.

1377
02:05:00,000 --> 02:05:07,060
Hi, on the property that House's Hudson, the question and Senate on Revenge Street.

1378
02:05:07,840 --> 02:05:15,420
And I have two questions that I have not been able to adequately get answered. One, what is going

1379
02:05:15,420 --> 02:05:21,320
to happen to the flood waters of the head waters of Remedyware and Creek that comes

1380
02:05:21,320 --> 02:05:25,980
down on this property across for me.

1381
02:05:28,400 --> 02:05:31,660
Two, how is the evidence for you going to handle all the traffic?

1382
02:05:32,420 --> 02:05:34,540
It can barely handle the traffic now.

1383
02:05:37,020 --> 02:05:39,520
So can anyone answer that or is this just a comment?

1384
02:05:40,760 --> 02:05:42,180
This is just a comment tonight, man.

1385
02:05:42,540 --> 02:05:45,280
But we will put your question on record.

1386
02:05:47,100 --> 02:05:48,960
Where would I get an answer?

1387
02:05:50,380 --> 02:05:58,020
Councilor staff can answer your questions in their comment section or we can follow up with you directly after this hearing.

1388
02:06:01,490 --> 02:06:04,830
Your name and address and questions are on record.

1389
02:06:07,530 --> 02:06:08,350
Thank you, ma'am.

1390
02:06:22,500 --> 02:06:24,560
Additional members, who were sworn in?

1391
02:06:25,520 --> 02:06:26,300
Mr. Zedak.

1392
02:06:32,950 --> 02:06:33,890
Todd Zedak.

1393
02:06:34,510 --> 02:06:36,070
16 Hudson Common.

1394
02:06:36,070 --> 02:06:37,650
Find

1395
02:06:40,050 --> 02:06:47,650
it shocking that the developers somehow has the last right of speaking to this body.

1396
02:06:49,750 --> 02:06:58,530
I further find it interesting that all of the people speaking here have zero vested interest

1397
02:06:58,530 --> 02:07:05,730
financially in the building of this property, what they have an interest in is protecting

1398
02:07:05,730 --> 02:07:14,470
their community and their homes and their town and a place that they perhaps love.

1399
02:07:16,680 --> 02:07:17,420
I love this town.

1400
02:07:17,420 --> 02:07:20,060
That's why I'm involved in everything that I'm involved with.

1401
02:07:22,120 --> 02:07:25,820
The builders involved in this property for one reason.

1402
02:07:28,260 --> 02:07:32,940
It's not the love of the town, it's not the needs of the community.

1403
02:07:33,920 --> 02:07:37,480
It has zero to do with our community values.

1404
02:07:39,870 --> 02:07:44,170
It has to do with their bottom line.

1405
02:07:46,050 --> 02:07:57,770
And I would hope that this body would value the needs once wishes of their community more

1406
02:07:58,710 --> 02:08:07,430
Then the checkbook status of a developer, whether they be Joe and Fabrics, whether they be

1407
02:08:07,430 --> 02:08:10,410
the buyer of the Joe and Fabric property,

1408
02:08:14,830 --> 02:08:16,310
whether they be whoever is going to perhaps

1409
02:08:16,310 --> 02:08:21,870
build district, build out Clinton crossing, whatever the names are,

1410
02:08:24,320 --> 02:08:25,940
your voters, your community

1411
02:08:25,940 --> 02:08:30,960
is speaking to you here, person after person,

1412
02:08:36,940 --> 02:08:38,460
listen to them,

1413
02:08:41,960 --> 02:08:42,140
thank you,

1414
02:08:49,350 --> 02:08:52,130
Mr. Zedak, additional

1415
02:08:52,130 --> 02:08:56,830
members who have been sworn in from the municipality. This is Norman.

1416
02:09:06,510 --> 02:09:13,590
Sir, Norman, 2212 Edgeview Drive, I came not intending to speak tonight and I thought I would

1417
02:09:13,590 --> 02:09:20,070
get up first and congratulate the expert who had come for having done a pretty good job

1418
02:09:20,070 --> 02:09:26,710
of giving city council a very high-level view about open space conservation subdivisions.

1419
02:09:27,670 --> 02:09:33,090
What I would have said if they were here to take the questions was to let them know that there

1420
02:09:33,090 --> 02:09:38,170
were a number of things that they had missed in the process and that stands to reason.

1421
02:09:38,170 --> 02:09:46,590
They are experts who are looking to give you a big broad picture, their job is not to dig into the weeds as the planning commission does.

1422
02:09:47,430 --> 02:09:49,510
And there would have been a lot of particular questions.

1423
02:09:49,770 --> 02:09:53,370
We would have asked them if we had the opportunity to do so.

1424
02:09:54,230 --> 02:09:59,630
For one instance, we would have asked them how they justified bypassing the process.

1425
02:10:00,000 --> 02:10:17,040
By suggesting that you all should adopt this settlement agreement. Another thing we might have asked, there were some of the details from the land development code about how they saw a small rural village feel in this development that's been proposed. Well, of course, we can't because we don't have all the drawings yet.

1426
02:10:17,380 --> 02:10:29,980
In fact, this particular proposal would never get onto the Planning Commission's agenda because it is lacking all of the materials that are needed in order for a good and thorough and complete

1427
02:10:29,980 --> 02:10:35,300
decision to be made. Another thing they would have missed and apparently they did in their

1428
02:10:35,300 --> 02:10:40,100
presentation is that in fact open spaces required of every single development in the city.

1429
02:10:41,040 --> 02:10:46,040
So there are a lot of things that they did. They really didn't clarify for you how we got better

1430
02:10:46,040 --> 02:10:50,820
design out of this. They did not say that they claimed that's what was happening but they didn't

1431
02:10:50,820 --> 02:10:59,160
articulate it. More importantly, those experts did not review the sworn testimony of nearly half a

1432
02:10:59,160 --> 02:11:06,200
residents who came by with photographs to the planning commission hearings of the stormwater flooding that

1433
02:11:06,200 --> 02:11:12,180
happens right now on a regular basis. They didn't mention the fact that the original plan put all

1434
02:11:12,180 --> 02:11:17,100
of that stormwater going on to a neighbor's property. They didn't address the fact that now it's

1435
02:11:17,100 --> 02:11:23,400
being diverted across the road. There are so many details that they overlooked and I'm sorry that

1436
02:11:23,400 --> 02:11:29,140
they felt like they needed to leave so early. One of the things I also want to talk about

1437
02:11:29,140 --> 02:11:34,200
the hardship history. I was very curious about this law. It happens that there are many times

1438
02:11:34,200 --> 02:11:40,680
we don't get to read certain parts of the land development code, and 1210 is one of those. Initially,

1439
02:11:41,000 --> 02:11:46,300
it looked like from the face of it, it got passed in 2019. So I did some digging. This is about

1440
02:11:46,300 --> 02:11:52,060
the time that I started to get really interested in our land development code. And I looked very carefully

1441
02:11:52,060 --> 02:11:58,640
through the legislation to see what parts got changed because in every title it says 1207-1208,

1442
02:11:58,640 --> 02:12:04,700
1210, 1210 is getting amended with this legislation, but there were no changes in 2019.

1443
02:12:05,600 --> 02:12:12,800
I had to go back and look and discover that this law dates from June of 1958, and it

1444
02:12:12,800 --> 02:12:17,600
never got used, and Hudson got caught with his pants down.

1445
02:12:17,920 --> 02:12:25,140
When this developer found that chapter and decided to bring a claim, we had no form for them

1446
02:12:25,140 --> 02:12:30,200
fill out, we had no way to process it, we didn't even know what to do and Council didn't move forward

1447
02:12:30,200 --> 02:12:35,160
with it. The way it was supposed to be done because nobody had ever done it before. That's not

1448
02:12:35,160 --> 02:12:41,380
on you. This is a huge learning curve. Most of you not being lawyers. Most of you not having been

1449
02:12:41,380 --> 02:12:47,120
Council members before for very long. This is not part of the parlance of everything that you do.

1450
02:12:47,640 --> 02:12:52,320
But I want to say there were many things that didn't get talked about and this public hearing

1451
02:12:52,320 --> 02:12:54,580
probably should not end tonight.

1452
02:12:55,340 --> 02:12:58,780
Formally, I really want to object to some of the irregularities that have happened.

1453
02:12:58,880 --> 02:13:03,360
I happen to know from personal knowledge that you have an objection that came from the

1454
02:13:03,360 --> 02:13:04,740
planning commission in depth.

1455
02:13:05,760 --> 02:13:11,120
The real question in front of you is are you willing to trade the hardship litigation for

1456
02:13:11,120 --> 02:13:12,540
due process litigation?

1457
02:13:13,700 --> 02:13:17,700
I also would like to remind you that under the hearing rules that have been established

1458
02:13:17,700 --> 02:13:23,360
by ordinance. The applicant city has already used because they're on the same side as the applicant

1459
02:13:23,360 --> 02:13:29,020
has already used 25 minutes and 45 seconds of their time. There's a 30 minute limit with the 15

1460
02:13:29,020 --> 02:13:34,260
minute closing that leaves 20 minutes for the developer to continue his commentary.

1461
02:13:35,700 --> 02:13:42,100
30 seconds. So at the end of the day, my real message to you is that I am not here to fight you.

1462
02:13:42,100 --> 02:13:48,200
I am really here to be a guide, to be a resource, to be a helpful hand, and I'm doing

1463
02:13:48,200 --> 02:13:54,060
my best to impart that message to you, I cannot make the horse drink the water, I have

1464
02:13:54,060 --> 02:13:54,960
led it to.

1465
02:13:55,060 --> 02:13:56,120
Thank you.

1466
02:14:04,140 --> 02:14:05,120
Thank you, Mrs. Norman.

1467
02:14:06,320 --> 02:14:08,780
Other individuals who have been sworn in,

1468
02:14:11,100 --> 02:14:11,760
Mr. Revita,

1469
02:14:19,690 --> 02:14:20,970
and Mr. Revita just to clarify.

1470
02:14:21,650 --> 02:14:21,950
Yeah, I know.

1471
02:14:22,070 --> 02:14:22,390
These go.

1472
02:14:22,730 --> 02:14:22,890
Yeah.

1473
02:14:23,110 --> 02:14:23,430
Come on.

1474
02:14:23,610 --> 02:14:25,190
Anthony Revita, 1746.

1475
02:14:25,490 --> 02:14:26,110
A good drive.

1476
02:14:26,930 --> 02:14:28,730
I guess more than anything else.

1477
02:14:28,730 --> 02:14:31,110
I got 45 years of experiencing construction.

1478
02:14:32,550 --> 02:14:41,590
And this stinks, I had mentioned last week that Mr. Shared and moves the rules,

1479
02:14:43,570 --> 02:14:45,470
code enforcement, zoning.

1480
02:14:47,170 --> 02:14:48,550
This all is going to apply.

1481
02:14:50,610 --> 02:14:55,810
Again, this is for educational purposes, but I'll tell you what, a builder and

1482
02:14:55,810 --> 02:14:56,750
investor,

1483
02:14:59,050 --> 02:14:59,950
they seek out the...

1484
02:15:00,210 --> 02:15:06,270
The highest ranking person that will give them the most for their buck.

1485
02:15:06,710 --> 02:15:11,470
And I can't tell you that this guy is the best guy for the job.

1486
02:15:12,330 --> 02:15:21,390
With Mr. Pitchford, as his backup, as they're saying that they're going around the end of this.

1487
02:15:21,470 --> 02:15:27,810
This is exactly what I've gone through for the number of years. They go around what the law is.

1488
02:15:27,810 --> 02:15:31,550
They go around what the zoning is, they make their own rules.

1489
02:15:32,550 --> 02:15:34,790
And at the end of the day, we all lose.

1490
02:15:35,730 --> 02:15:38,130
You mentioned something about getting information.

1491
02:15:40,250 --> 02:15:42,990
Every information I get, I have to go through Mr. Pitchford.

1492
02:15:43,570 --> 02:15:47,330
Mr. Pitchford does play games with the information,

1493
02:15:49,210 --> 02:15:53,130
and there was no accident that you didn't get your information in time.

1494
02:15:54,270 --> 02:16:02,010
This is a consul president that rubber stamps everything that Mr. Sheridan does, and I have

1495
02:16:02,010 --> 02:16:05,810
to question that every time that I'm around it.

1496
02:16:06,150 --> 02:16:07,070
Thank you very much.

1497
02:16:14,240 --> 02:16:14,960
Thank you, Mr. Rivera.

1498
02:16:15,940 --> 02:16:19,540
Additional members who were sworn in would like the opportunity to speak.

1499
02:16:20,920 --> 02:16:22,880
Was there somebody else that I missed?

1500
02:16:24,260 --> 02:16:28,700
If there's anybody else who was not sworn in, you can still be sworn in and speak if you'd

1501
02:16:28,700 --> 02:16:29,600
to this evening.

1502
02:16:33,360 --> 02:16:38,560
Seeing no additional members from the public, we will move on to council questions

1503
02:16:38,560 --> 02:16:42,640
or comments for any of the testimony that you've heard here tonight. Councillor Breusevic,

1504
02:16:42,860 --> 02:16:50,860
was that your hand? Please, sir. Thank you. Similar to the last round, I don't intend to address

1505
02:16:50,860 --> 02:16:56,940
items specifically around this. I do want to just say thank you to everyone who came here today.

1506
02:16:56,940 --> 02:17:06,200
You know, during this process, we've largely relied on our legal advice from the city solicitor and their opinions and their legal opinions.

1507
02:17:06,980 --> 02:17:20,480
This is kind of the first public opportunity for us to hear people from the other side, people who listen and who live in the area and want to give a differing legal opinion for us to hold this up against.

1508
02:17:20,680 --> 02:17:25,940
And I appreciate that. I appreciate the research that everyone has done and the time everyone has taken. So thank you.

1509
02:17:27,540 --> 02:17:32,180
Thank you, Councilor Brezwick. Any additional final questions from Council Councilor Jeremy?

1510
02:17:32,760 --> 02:17:37,860
Yeah, just a comment. I also want to say I appreciate the residents who took the time to come before Council.

1511
02:17:38,320 --> 02:17:42,560
And to hear their concerns, I apologize if I'm not addressing everyone by name this evening.

1512
02:17:43,140 --> 02:17:48,260
But I understand that one of developing is proposed, especially near your home, there can be real concerns.

1513
02:17:48,740 --> 02:17:56,460
Can I hear you about the water and drainage concerns? And Mrs. Beacon and your privacy and traffic concerns, as well as the concerns brought up regarding the wells in the area?

1514
02:17:56,460 --> 02:17:59,920
Mr. Jones, I've appreciated your dialect of both public comments.

1515
02:17:59,980 --> 02:18:04,880
I take your request very seriously, and you made a lot of valid points that we really need

1516
02:18:04,880 --> 02:18:06,780
to obtain clarity on.

1517
02:18:07,080 --> 02:18:11,840
We have a lot more work to do and many more answers to provide, and I appreciate everything

1518
02:18:11,840 --> 02:18:14,500
that everyone came to present to us tonight.

1519
02:18:15,500 --> 02:18:20,160
Thank you, Councillor Duramo, additional questions for any of the applicants or comments

1520
02:18:20,160 --> 02:18:20,960
from Council.

1521
02:18:23,170 --> 02:18:24,470
I'll present birth.

1522
02:18:25,210 --> 02:18:32,970
I'd also like to thank everybody for being here tonight, hearing different perspectives,

1523
02:18:34,690 --> 02:18:42,910
different sort of awareness of concerns is very helpful for us to continue to kind of

1524
02:18:42,910 --> 02:18:45,810
evaluate it, get more information, make decisions.

1525
02:18:45,810 --> 02:19:08,500
One thing I do want to just really kind of maybe try to guess to move past is discussion about some of the council members getting campaign donations from one of the developers or owners.

1526
02:19:08,500 --> 02:19:12,220
So, just a couple prepared comments here.

1527
02:19:15,620 --> 02:19:22,100
There's been this narrative out there that these council members, Reservic Dremo and Weinstein

1528
02:19:22,100 --> 02:19:29,220
should be disqualified from discussing or acting upon a resolution because of a $100 campaign

1529
02:19:29,220 --> 02:19:31,400
donation from one of the landowners.

1530
02:19:32,320 --> 02:19:39,460
It is important to note that Ohio Ethics Commission's interpretation, a conflict of interest

1531
02:19:39,460 --> 02:19:41,120
generally exist.

1532
02:19:42,480 --> 02:19:49,300
When a public official ability to act objectively could be impaired by the official's personal

1533
02:19:49,300 --> 02:19:55,680
interests or by interest of a family member or outside business associate, the Commission

1534
02:19:55,680 --> 02:19:59,380
identifies three principal sources of conflicting interests.

1535
02:20:00,000 --> 02:20:06,360
The officials own interests, the interest of family members, and the interest of outside business associates.

1536
02:20:07,760 --> 02:20:20,060
A lawful, ordinary campaign contribution, even from someone who has business before the city, does not by itself constitute a prohibited conflict of interest under the Ohio ethics law.

1537
02:20:20,060 --> 02:20:29,160
Therefore, these circumstances generally do not standing alone establish an ethics law

1538
02:20:29,160 --> 02:20:31,460
conflict and require refusal.

1539
02:20:32,280 --> 02:20:37,120
The examples they give are a resident contributed to a council member and later speaks

1540
02:20:37,120 --> 02:20:43,600
about legislation, a business owner contributed and subsequently has a matter before council.

1541
02:20:43,600 --> 02:20:52,900
A developer, attorney, labor organization, political committee or other interested party made a properly reported contribution.

1542
02:20:53,840 --> 02:20:58,180
And finally, the official votes on a matter affecting a contributor.

1543
02:20:59,400 --> 02:21:03,960
A quit pro quo or explicit request, like quote,

1544
02:21:03,960 --> 02:21:09,240
I will give you your campaign, $100, if you vote yes, an ordinance ex,

1545
02:21:09,520 --> 02:21:14,220
unquote, would create a conflict of interest, be a bribe, and be a legal.

1546
02:21:14,820 --> 02:21:18,460
There is absolutely no evidence of that in this situation.

1547
02:21:20,080 --> 02:21:21,360
Thank you.

1548
02:21:21,360 --> 02:21:22,860
Thank you, Councillor President Bird.

1549
02:21:23,880 --> 02:21:29,240
Just reminder for the public, we will allow comment from the developer here in a moment,

1550
02:21:29,240 --> 02:21:35,860
And then there will be an opportunity for Council to have any final discussions as they see fit.

1551
02:21:36,580 --> 02:21:40,220
Is there any additional comment at this point from Council? Councilor Weinstein?

1552
02:21:41,740 --> 02:21:44,180
Yeah, I'll just read it earlier.

1553
02:21:44,400 --> 02:21:52,060
The President heard said, I'll just be clear that there's no donation that has any bearing on how I vote.

1554
02:21:52,740 --> 02:21:57,840
On this matter any other matter, I will base my vote on the merits of this settlement.

1555
02:21:57,840 --> 02:22:04,200
what our land development code outlines, and what I've heard residents like you all say tonight.

1556
02:22:05,120 --> 02:22:11,000
I also appreciate you coming here. I appreciate you hearing your perspectives, hearing your concerns.

1557
02:22:11,620 --> 02:22:19,700
I think that we have worked really hard to prove that we value what residents say and are listening to residents.

1558
02:22:19,700 --> 02:22:28,540
And we will absolutely take your concerns in a consideration as we weigh what's before us.

1559
02:22:28,860 --> 02:22:29,620
Thank you.

1560
02:22:31,480 --> 02:22:33,200
Thank you, Councilor Weinstein.

1561
02:22:33,700 --> 02:22:37,960
Additional comment from any council member who has not asked questions from any comment.

1562
02:22:40,810 --> 02:22:43,650
If none, Councilor Brosevic, would you like to speak against her?

1563
02:22:43,850 --> 02:22:45,730
Thank you.

1564
02:22:45,730 --> 02:22:53,270
in light of President Burd's statement, you know, I would just mirror what councilwoman

1565
02:22:53,270 --> 02:23:04,710
once he said. This is in no way affecting my approach to this, I think I've done my best to

1566
02:23:04,710 --> 02:23:14,110
prove that I take every piece of legislation before this council at its merits. Yes, I suck, I

1567
02:23:15,430 --> 02:23:18,090
excuse me, I should prepare these things.

1568
02:23:19,950 --> 02:23:27,330
I did seek a legal opinion that more than gave me

1569
02:23:27,330 --> 02:23:32,350
every confidence that this was no conflict of interest.

1570
02:23:33,310 --> 02:23:37,010
And therefore I do not intend to revoke those

1571
02:23:37,010 --> 02:23:40,290
residents who voted for me of their voice here on council

1572
02:23:40,290 --> 02:23:42,130
and recuse myself from this matter.

1573
02:23:42,130 --> 02:23:45,350
I will not be. So thank you.

1574
02:23:45,470 --> 02:23:50,050
Thank you, Councillor Brisbane. Additional questions or comments from council members.

1575
02:23:52,350 --> 02:23:59,390
Seeing none, we will move on to the next section of our hearing, which is to give the developer up to 15 minutes maximum.

1576
02:24:00,310 --> 02:24:04,070
For there right to provide any final comments via testimony here tonight,

1577
02:24:04,610 --> 02:24:09,310
is my understanding that Attorney John Slater will be speaking on behalf of his client.

1578
02:24:09,930 --> 02:24:12,370
Mr. Slater, the floor is yours.

1579
02:24:12,370 --> 02:24:20,550
Yes, good evening. My name is John Slater and I serve as legal counsel for the developer and owner of this property.

1580
02:24:21,250 --> 02:24:28,670
Actually, the prior owners also. I want to thank you for your consideration this evening and also the public for the comments that were received.

1581
02:24:29,670 --> 02:24:40,390
I'm here in attendance with the representative of my client and those representatives have significant experience developing in this community.

1582
02:24:40,390 --> 02:24:47,490
They were part of the original prestige homes that did significant development and knows this community well.

1583
02:24:48,010 --> 02:24:56,970
In fact, you know, they believe part of the value of the housing stock in this community as a result of the quality of the developments that they do.

1584
02:24:57,510 --> 02:24:59,970
The prestige builders, the new...

1585
02:25:01,260 --> 02:25:07,380
Development and Builder that will be involved in this project, there's no difference there.

1586
02:25:07,720 --> 02:25:13,120
They build a quality product, the rate proud of the project that they put on the table.

1587
02:25:13,860 --> 02:25:22,260
When this originally was brought to the community, there was a road that was proposed in the, a lot, right, we're 21 as I think.

1588
02:25:22,980 --> 02:25:27,900
It's a property under here who owns a lot there, and there was pushback by the community

1589
02:25:27,900 --> 02:25:29,740
that they didn't want access out there.

1590
02:25:30,140 --> 02:25:33,140
We immediately went back, reworked the plan and removed it.

1591
02:25:33,380 --> 02:25:35,960
That's how they do business, that's how they typically work.

1592
02:25:36,420 --> 02:25:41,760
We spent significant time trying to work through objections and issues that were raised

1593
02:25:41,760 --> 02:25:42,920
about this project.

1594
02:25:43,520 --> 02:25:49,800
But my client who has significant experience developing here could not understand the pushback

1595
02:25:49,800 --> 02:25:51,880
that they were receiving on the project.

1596
02:25:52,180 --> 02:25:55,380
And ultimately, it appears a planning commission once,

1597
02:25:55,380 --> 02:25:58,840
very small lots, kind of stuck in a corner,

1598
02:25:59,660 --> 02:26:00,740
more towards Stowe Road.

1599
02:26:01,060 --> 02:26:04,460
When we kind of came through our second time with his plan,

1600
02:26:04,460 --> 02:26:05,920
that's what was talked about.

1601
02:26:06,820 --> 02:26:09,360
And the fact that even though that may be inconsistent

1602
02:26:10,020 --> 02:26:13,860
with the surrounding homes, it was quoted to us

1603
02:26:13,860 --> 02:26:15,520
by a member of the Planning Commission

1604
02:26:15,520 --> 02:26:16,900
that that doesn't matter.

1605
02:26:16,900 --> 02:26:24,140
The problem with your code is there's significant inconsistencies in it.

1606
02:26:24,480 --> 02:26:32,540
I've heard time and time again by planning commission members and otherwise that the code has significant inconsistencies in or otherwise.

1607
02:26:33,740 --> 02:26:34,960
What's the problem with that?

1608
02:26:34,960 --> 02:26:43,020
The problem with that is it creates then the ability of administrative bodies to act as legislative.

1609
02:26:43,020 --> 02:26:47,520
if they start to rather than falling the rules on some level make it up.

1610
02:26:48,040 --> 02:26:50,560
We believe that's one of the big concerns in issues here.

1611
02:26:51,420 --> 02:26:53,380
So what has happened so far?

1612
02:26:53,780 --> 02:26:57,060
All that has happened is we had filed, we went through the,

1613
02:26:57,060 --> 02:26:59,640
with our preliminary plan, got denied.

1614
02:27:00,420 --> 02:27:04,000
File and administrative appeal under revised code 20506.

1615
02:27:04,280 --> 02:27:05,200
That's a procedure.

1616
02:27:06,060 --> 02:27:08,520
We went to court on it and we were denied.

1617
02:27:08,540 --> 02:27:09,900
Now we're in a court of appeals.

1618
02:27:09,900 --> 02:27:17,400
We have not filed what typically we would file next, which is a federal lawsuit as your attorney

1619
02:27:17,400 --> 02:27:24,800
Mr. Cicero said. Challenging your zoning as applied to this property, under a substitute

1620
02:27:24,800 --> 02:27:30,480
due process, your zoning overall, the fact that there is too much discretion provided to the

1621
02:27:30,480 --> 02:27:37,560
plan and commission, too much inconsistency, and also file under 42 US Code 1983, a taking

1622
02:27:37,560 --> 02:27:43,420
claims. Hudson, by the way, is one of the only communities that has this hardship application

1623
02:27:43,420 --> 02:27:48,420
process. I know it because I know you're a code and we're, I guess, maybe the second

1624
02:27:48,420 --> 02:27:53,880
developer that ever did it. We have not, we filed it, timely, we had to do it because we

1625
02:27:53,880 --> 02:27:58,580
only have ten days. What would happen if we didn't? We would have lost our rights potentially

1626
02:27:59,080 --> 02:28:06,460
for a taking's claim. But we filed it, and that's been held in advance while we have been

1627
02:28:06,460 --> 02:28:10,860
trying to work through and coming up with an alternate development, addressing some of the issues

1628
02:28:10,860 --> 02:28:12,200
and concerns are there.

1629
02:28:12,520 --> 02:28:16,520
My client believes that all they have tried to do is work in good faith with this entity.

1630
02:28:16,900 --> 02:28:22,100
We had to file these actions because we had to if we didn't lose our rights.

1631
02:28:23,120 --> 02:28:27,420
We haven't filed the federal lawsuit or otherwise, but we clearly have the right to.

1632
02:28:27,820 --> 02:28:29,520
This is what I do for a living.

1633
02:28:29,720 --> 02:28:34,980
I represented cities, townships, villages, developers, property owners, fighting these things.

1634
02:28:34,980 --> 02:28:37,260
And I've done it for 35 years.

1635
02:28:38,040 --> 02:28:41,740
As your council has said, it is a precursor to that.

1636
02:28:41,960 --> 02:28:43,220
Does my client want to do it?

1637
02:28:43,520 --> 02:28:43,560
No.

1638
02:28:44,100 --> 02:28:47,740
They want to put forth a development that will work in this community,

1639
02:28:47,920 --> 02:28:50,600
something we can all be proud of, that addresses

1640
02:28:50,600 --> 02:28:52,060
a stormwater issues.

1641
02:28:52,500 --> 02:28:54,300
We're not throwing engineering out.

1642
02:28:54,680 --> 02:28:57,340
By the way, we already did a traffic study.

1643
02:28:57,900 --> 02:29:00,580
There's not traffic improvements required

1644
02:29:00,580 --> 02:29:02,500
by having these 32 some homes.

1645
02:29:02,500 --> 02:29:12,080
So, again, we here, we're here not to threaten the lawsuit, but the fact of the matter is that my client does have constantly protected rights.

1646
02:29:13,140 --> 02:29:24,760
We believe those rights have been violated, and we'll be violated if we're not allowed to move forward with a reasonable development of this property, and we believe we've provided that for you.

1647
02:29:24,760 --> 02:29:30,000
Thank you for your consideration, and by the way, don't listen to us, don't listen to

1648
02:29:30,000 --> 02:29:35,320
people at live right next door, or otherwise, listen to your separate independent consultants

1649
02:29:35,320 --> 02:29:41,120
that you hired, we've never worked with them, I don't know them, but the fact of matter

1650
02:29:41,120 --> 02:29:45,440
is my client and I agree with what they've said in their analysis, and when you go through

1651
02:29:45,440 --> 02:29:53,500
your code, the fact of the matter is that we're talking about 32 homes on a hundred acres

1652
02:29:53,500 --> 02:29:59,960
and 62% of open space preserved, and it's in on some way.

1653
02:30:00,000 --> 02:30:08,000
In any other community, you probably could develop five to ten times at density, and this thing would have been approved three to five years ago.

1654
02:30:08,700 --> 02:30:11,660
That's the delay that's a concern we're worried about.

1655
02:30:11,960 --> 02:30:20,220
Obviously, the fact that you have a councilman who lives right next door in a former planning commission that lives next door raises other issues that we haven't even brought yet.

1656
02:30:20,540 --> 02:30:26,980
So the fact of the matter is we want to work with you, but this is a real issue, and it's not just about money.

1657
02:30:26,980 --> 02:30:29,880
There's nothing inappropriate with developing property.

1658
02:30:30,420 --> 02:30:35,660
The Ohio Constitution protects as a fundamental right property rights.

1659
02:30:36,540 --> 02:30:41,400
We talked about the Constitution of the reason why it's so important earlier.

1660
02:30:42,120 --> 02:30:46,340
And that's about the United States, it's a unique to our country where you get to own

1661
02:30:46,340 --> 02:30:49,400
develop property and we're all living homes.

1662
02:30:49,520 --> 02:30:53,500
It's not a bad thing and what we're proposing here we believe is good.

1663
02:30:53,500 --> 02:30:55,580
Again, thank you for your consideration.

1664
02:30:56,500 --> 02:30:58,100
I hope we can work through this.

1665
02:30:58,380 --> 02:31:01,080
If there are modifications that are necessary,

1666
02:31:02,080 --> 02:31:04,900
we will work in good faith and reasonably with you.

1667
02:31:05,060 --> 02:31:06,680
We make that commitment to you.

1668
02:31:06,900 --> 02:31:08,400
We'll work with your staff.

1669
02:31:08,980 --> 02:31:12,060
We'll work with your you, your community or otherwise.

1670
02:31:12,480 --> 02:31:15,660
But we, as much as this Jones indicated,

1671
02:31:15,940 --> 02:31:17,780
would like to get this done, move forward.

1672
02:31:18,160 --> 02:31:19,980
And make sure that what is done here

1673
02:31:19,980 --> 02:31:21,800
is something that can benefit the community.

1674
02:31:21,800 --> 02:31:24,460
Thank you for your consideration this evening.

1675
02:31:26,020 --> 02:31:26,920
Thank you, Mr. Slater.

1676
02:31:31,610 --> 02:31:34,590
Does Council have any questions from Mr. Slater?

1677
02:31:38,580 --> 02:31:41,120
Councillor Weinstein, Mr. Slater, if you please come back up.

1678
02:31:43,720 --> 02:31:45,860
I'm making you get some steps in.

1679
02:31:46,960 --> 02:31:47,000
Yes.

1680
02:31:47,280 --> 02:31:51,740
So I'm just wondering if you could answer or talk a little bit too.

1681
02:31:52,100 --> 02:31:55,860
You mentioned that our code has significant inconsistencies,

1682
02:31:56,620 --> 02:32:00,040
and there's too much discretion in consistency with the planning commission.

1683
02:32:00,040 --> 02:32:15,720
Can you mention some specifics about that if you can, and so why are you asking for the process that you are, rather than why does your client not want to go back to the planning commission?

1684
02:32:17,060 --> 02:32:20,440
Well, real short, I can answer a second question easily.

1685
02:32:20,960 --> 02:32:24,180
We've already been there, they've already reviewed this plan.

1686
02:32:25,820 --> 02:32:27,320
And they've denied it.

1687
02:32:27,340 --> 02:32:28,960
And we went to the D.J. went to you.

1688
02:32:29,180 --> 02:32:31,540
We also went back with this revised plan,

1689
02:32:31,680 --> 02:32:35,460
and they same thing we heard the objections to it or otherwise.

1690
02:32:36,900 --> 02:32:39,760
And they've indicated their same concerns about it.

1691
02:32:39,760 --> 02:32:42,240
And I know they just gave you a resolution that they passed,

1692
02:32:42,280 --> 02:32:43,020
I think yesterday.

1693
02:32:43,820 --> 02:32:46,340
Again, having an issue with it.

1694
02:32:46,800 --> 02:32:48,520
So I think their minds been made up.

1695
02:32:48,520 --> 02:32:49,680
They've made a decision on it.

1696
02:32:49,840 --> 02:32:51,380
That doesn't mean you can't consult with them

1697
02:32:51,380 --> 02:32:54,040
if you want to or otherwise, as a process goes along.

1698
02:32:54,140 --> 02:32:57,680
But the decision making is of concern, practically.

1699
02:32:58,340 --> 02:33:02,160
And because of relationships or otherwise,

1700
02:33:02,320 --> 02:33:04,400
of some of those members, we have concerns about it,

1701
02:33:04,400 --> 02:33:05,820
practically from our perspective.

1702
02:33:07,580 --> 02:33:08,920
I'm not going to get into those issues.

1703
02:33:09,000 --> 02:33:10,740
I don't think it's necessary, but that's a reason why.

1704
02:33:10,740 --> 02:33:14,860
we have legitimate concerns about why this really was denied.

1705
02:33:15,620 --> 02:33:18,660
Second of all, as it relates to where the inconsistencies,

1706
02:33:18,700 --> 02:33:22,000
even the decision-making, I think it was even cited

1707
02:33:22,000 --> 02:33:27,700
in the Akron Journal about how the development was denied

1708
02:33:27,700 --> 02:33:29,900
by the Planning Commission because it was inconsistent

1709
02:33:29,900 --> 02:33:32,480
with the spirit and intent of your code.

1710
02:33:33,320 --> 02:33:35,300
A lot of the decisions were kind of tied

1711
02:33:35,300 --> 02:33:38,380
to the purpose clause in your zoning code.

1712
02:33:38,380 --> 02:33:44,960
Your purpose clause has within it, and again, this is, I haven't, this is my recollection

1713
02:33:44,960 --> 02:33:46,840
from looking at it, probably six months ago.

1714
02:33:47,840 --> 02:33:54,520
It talks about preserving the rural area, but then, in other words, the farms or otherwise,

1715
02:33:54,700 --> 02:34:01,560
but then it talks about the kind of protecting against disruption of soils or otherwise.

1716
02:34:01,680 --> 02:34:07,880
And again, I'm speaking from my review some time ago, but I know that in going through it,

1717
02:34:07,880 --> 02:34:15,140
I've seen multiple areas where there's just inconsistencies, and their ability, or the

1718
02:34:15,140 --> 02:34:20,200
plan of commission's ability, to kind of rely on a general purpose clause to support

1719
02:34:20,200 --> 02:34:21,840
the denial of our development.

1720
02:34:22,620 --> 02:34:29,660
They denied our development because, for example, it was going to cause maximum disturbance

1721
02:34:30,740 --> 02:34:32,960
to the soil, okay?

1722
02:34:32,960 --> 02:34:42,200
it. This is a farm. It gets plowed. It exceeds planted. We're actually pre-protecting more

1723
02:34:42,200 --> 02:34:49,240
of the land by this development than we're disturbing. That's one thing. So there's maximum

1724
02:34:49,240 --> 02:34:55,500
disturbance. That's the reason they cited. They also talks about there has to be consistency

1725
02:34:55,500 --> 02:34:59,980
with adjacent properties. It's got to be consistent, right? But then...

1726
02:35:00,000 --> 02:35:12,260
Again, when we brought in the second development, they showed us a plan where they were moving all, they said what you really need to do is have all the homes over here on small lots about a quarter acre each.

1727
02:35:13,240 --> 02:35:26,360
Okay? By the way, that's not consistent with anything that's around this property, and your code requires a, quote, compatibility analysis to make sure it's consistent with what's around it.

1728
02:35:26,360 --> 02:35:32,840
And I hear from the plan commission that at least when a member is telling me, well, it doesn't

1729
02:35:32,840 --> 02:35:33,820
have to be consistent.

1730
02:35:35,920 --> 02:35:37,740
So within it, those are just some examples.

1731
02:35:37,900 --> 02:35:40,580
And if you want more specifics, I'll give them to you in writing.

1732
02:35:42,300 --> 02:35:44,620
And again, what does that mean?

1733
02:35:45,160 --> 02:35:51,200
At the end of the day, there's a case law that says that the regulations, when it administrative

1734
02:35:51,200 --> 02:35:55,100
body is making a decision, it has to be clear and concise.

1735
02:35:55,100 --> 02:36:04,000
If not, those appointed individuals that are not legislators start to step into legislative

1736
02:36:04,000 --> 02:36:08,640
roles, where they're now making law, because in their minds this is compatible.

1737
02:36:09,540 --> 02:36:16,080
But over here, in someone else's mind, the new experts that you hired, it may not be correct.

1738
02:36:16,580 --> 02:36:20,700
That becomes a legal issue because, again, property rights are protected.

1739
02:36:20,700 --> 02:36:26,700
So those are just some examples of what we saw in real life examples in this case, that we

1740
02:36:27,840 --> 02:36:33,000
think unfortunately your code has some inconsistencies in it and it's not the first person

1741
02:36:33,000 --> 02:36:38,380
to have said it because I've heard planning commission members say it and I know I think you've

1742
02:36:38,380 --> 02:36:41,680
gone through some attempts to modify your code because of that.

1743
02:36:43,470 --> 02:36:48,450
Thank you, Mr. Slider. Thank you, Councillor Weinstein. Additional Mr. Slider if you could

1744
02:36:48,450 --> 02:36:52,770
Please stay, just in case the other council members have questions for you, sir.

1745
02:36:53,010 --> 02:36:55,930
Additional questions for Mr. Slider from Council, Council and Reservic?

1746
02:36:59,460 --> 02:37:03,700
I'm thinking about how to award this as plainly as possible.

1747
02:37:04,880 --> 02:37:12,440
You mentioned in your presentation, taking taking has been brought up here a number of time

1748
02:37:12,440 --> 02:37:13,200
by residents.

1749
02:37:14,420 --> 02:37:20,180
I believe the general point being made was taking needs to be 100%.

1750
02:37:20,180 --> 02:37:21,820
What did you take on that?

1751
02:37:22,000 --> 02:37:23,140
Yeah, that's not true.

1752
02:37:24,020 --> 02:37:32,480
The U.S. Constitution provides that your, you know, that the governmental entity and this

1753
02:37:32,480 --> 02:37:37,100
would now be through the fifth amendment and now applied through states for the 14th amendment.

1754
02:37:37,300 --> 02:37:43,800
And it basically says, nor shall private property taken without payment and just compensation.

1755
02:37:45,240 --> 02:37:47,240
The taking, there's two different types of taking.

1756
02:37:47,240 --> 02:37:54,140
There's a categorical full-taking, which, where it's denied all economically beneficial use of the property.

1757
02:37:54,960 --> 02:37:56,380
That's a categorical taking.

1758
02:37:57,480 --> 02:38:00,360
There, it's mandatory that payment be made.

1759
02:38:00,760 --> 02:38:03,060
There's also what are known as partial takings.

1760
02:38:03,600 --> 02:38:07,580
There can also be unconstitutional conditions,

1761
02:38:07,940 --> 02:38:12,340
or otherwise, there's a whole multiple areas of potential liability

1762
02:38:12,340 --> 02:38:21,700
that communities can have in cases of full takings, partial takings, partial is a pencentral case.

1763
02:38:22,780 --> 02:38:27,480
There's also, as I said, on constitutional conditions and other things that go within that.

1764
02:38:27,880 --> 02:38:33,060
So, it's not true that that's the only category. That's one, but it's not all of them.

1765
02:38:33,280 --> 02:38:40,820
And even if your code says, well, we only will award if it's a full takings, that doesn't mean that under the U.S. Constitution

1766
02:38:40,820 --> 02:38:47,880
that I'm not entitled to, or my client's on titled compensation in those other areas, if there's a partial taking or otherwise.

1767
02:38:48,300 --> 02:39:07,460
There can also be unreasonable delay, and there can also be claims in attorney fees paid if there is action that's taken by a governmental entity that is found to be done for an appropriate person's reasons or otherwise.

1768
02:39:08,180 --> 02:39:11,460
So there's a whole multitude of potential claims that are out there.

1769
02:39:12,680 --> 02:39:12,920
Thank you.

1770
02:39:13,600 --> 02:39:15,000
I just have one other statement.

1771
02:39:15,180 --> 02:39:19,560
I don't feel you meant maybe necessarily this way when you were saying,

1772
02:39:19,560 --> 02:39:22,620
you know, don't listen to X, don't listen to Y, listen to who you.

1773
02:39:22,620 --> 02:39:27,560
We were elected by the residents and we absolutely will listen to the residents.

1774
02:39:28,140 --> 02:39:30,720
That's my, I know you did not.

1775
02:39:31,020 --> 02:39:32,200
I want to make that clear, right?

1776
02:39:32,640 --> 02:39:33,560
That is my job.

1777
02:39:34,620 --> 02:39:49,860
All I meant to say by that is that I was explaining how, as it relates to, if you give too much authority to administrative body or otherwise, if they're not acting in the legislative capacity, they don't have that authority.

1778
02:39:50,140 --> 02:39:54,560
They're supposed to be carrying out and applying the laws, not creating it.

1779
02:39:55,520 --> 02:39:59,960
And that's, and I meant by pointing out the two different sides that a lot of times people have different opinions.

1780
02:40:00,000 --> 02:40:11,980
The opinions of what is correct or not. And that's why the reason why you need clarity in your code or otherwise, and especially your standards when you're reviewing things like a conditional use or otherwise.

1781
02:40:12,480 --> 02:40:24,580
So again, I was here, I listened to the comments of the residents and I can tell you, my client from the original development to where we're at now listen to comments of the residents.

1782
02:40:25,260 --> 02:40:34,000
And, comments to the planning commission, we're not trying to side step, but there comes a point where we felt it became unreasonable.

1783
02:40:34,920 --> 02:40:38,540
And so the fact of the matter is that we think we have listened to them.

1784
02:40:38,600 --> 02:40:51,180
And again, I offered that if there's reasonable modifications that are there, I'm sure my client who's done a lot of business here would probably listen and want to work with you in good faith.

1785
02:40:53,490 --> 02:40:58,870
Thank you. Thank you, Mr. Slater. Thank you. Council and President, if you still stay there just in case there's other questions.

1786
02:40:59,530 --> 02:41:12,910
Additional questions from Mr. Slater from Council members. Council President Mercer, you mentioned you could get as a list or explanation in writing of additional discrepancies.

1787
02:41:13,290 --> 02:41:14,770
In the code? Yeah, that would be helpful.

1788
02:41:14,890 --> 02:41:20,030
As it relates to this particular section, I can do that.

1789
02:41:24,900 --> 02:41:29,260
Any other questions from council members who have been spoken for Mr. Slider?

1790
02:41:32,750 --> 02:41:34,910
Open it up to all council members around too.

1791
02:41:35,150 --> 02:41:36,050
Councilor Weinstein?

1792
02:41:38,540 --> 02:41:43,860
I'm wondering if in asking for this or working through the settlement.

1793
02:41:47,270 --> 02:41:54,850
Did you review our processes and the authority of council to actually make the settlement?

1794
02:41:55,410 --> 02:41:55,970
Yes.

1795
02:41:56,690 --> 02:41:57,470
And what did you determine?

1796
02:41:57,470 --> 02:41:59,370
that you had the authority.

1797
02:42:03,430 --> 02:42:05,150
Please, audience, please.

1798
02:42:06,810 --> 02:42:07,990
Can you elaborate on?

1799
02:42:09,150 --> 02:42:16,070
Well, you know, first of all, you know, specifically looked into the authority of a council,

1800
02:42:17,030 --> 02:42:18,930
governmental entity to settle a lawsuit.

1801
02:42:18,990 --> 02:42:20,350
And that's what we're talking about here.

1802
02:42:20,350 --> 02:42:23,190
We're talking about the ability to settle a lawsuit.

1803
02:42:24,630 --> 02:42:30,650
So, that's one, and you do clearly have the authority based on case-little how a lot to do that.

1804
02:42:30,810 --> 02:42:33,930
And that's really when we boil it down what's happening here.

1805
02:42:34,490 --> 02:42:39,650
Through that, we have a development being approved or otherwise there's not a payment of money.

1806
02:42:39,790 --> 02:42:43,090
Sometimes settlements come with payments of money and approvals of development.

1807
02:42:43,430 --> 02:42:45,710
That's one thing that we've done.

1808
02:42:46,630 --> 02:42:53,170
And I've been involved in my, again, 30 plus years of practicing in this area of law

1809
02:42:53,170 --> 02:42:56,810
in a multitude of settlements just like this.

1810
02:42:57,590 --> 02:43:01,290
Second issue is, as it relates to comments about charter,

1811
02:43:01,450 --> 02:43:04,290
or otherwise, we looked at that, we looked at the fact that

1812
02:43:04,290 --> 02:43:08,790
what's required is the review and report.

1813
02:43:09,610 --> 02:43:12,030
Again, we've already had this plan.

1814
02:43:13,730 --> 02:43:17,570
And this development has been submitted and gone through the process.

1815
02:43:17,710 --> 02:43:19,230
Again, this is not the first time.

1816
02:43:19,350 --> 02:43:21,430
They've already made their decision on it.

1817
02:43:21,430 --> 02:43:27,710
And so, as it relates to where the steps followed, you know, in our opinion, yes, they were.

1818
02:43:29,730 --> 02:43:35,530
So, you know, from those perspectives, again, we believe that you do have the authority to do it.

1819
02:43:38,310 --> 02:43:41,230
Thank you, Mr. Slider, and Councillor Weinstein has that answer your question.

1820
02:43:42,690 --> 02:43:47,630
Any additional questions from Mr. Slider, from Council members who have not spoken in round two?

1821
02:43:51,710 --> 02:43:53,710
Seeing no additional questions. Thank you, Mr. Slider.

1822
02:43:53,710 --> 02:43:54,610
Thank you.

1823
02:43:57,660 --> 02:44:03,300
I will address that as I have heard that the question answer is no. This

1824
02:44:03,300 --> 02:44:10,780
is a public hearing to take testimony and we do have section seven in our agenda for public

1825
02:44:10,780 --> 02:44:16,820
comments in general since this is considered business of the city you can go on record with

1826
02:44:16,820 --> 02:44:22,300
your question but your question will not be answered unless council chooses to answer something

1827
02:44:22,300 --> 02:44:33,380
in a gender section eight under correspondents and council comments, but your question if you have a follow up for the question you can put that on the record in the next agenda section item seven.

1828
02:44:36,260 --> 02:44:46,280
Therefore, before we end this hearing, is there any other comment or discussion from council members on any of the testimony heard here this evening?

1829
02:44:47,040 --> 02:44:47,960
Councillor Drema?

1830
02:44:49,240 --> 02:44:50,560
Yes, I just wanted to make a statement.

1831
02:44:52,360 --> 02:44:59,980
Maybe some didn't realize this, but the point of the planning next was to provide independent review as a third party to focus.

1832
02:45:00,000 --> 02:45:06,960
This is on a more granular level our code and the newly proposed plan and remove any emotional bias.

1833
02:45:07,860 --> 02:45:14,800
So that was kind of the exact intent of that. I just wanted to kind of clarify that.

1834
02:45:15,360 --> 02:45:23,920
Thank you, Councillor Duramo, and the additional discussion or comments from Council as we move to include this hearing this evening.

1835
02:45:27,470 --> 02:45:37,330
No other seeing no other comment or discussion from council, we will close section six on our agenda from public legislative hearing.

1836
02:45:39,010 --> 02:45:47,610
I would like to take a five-minute recess, since it has almost been three hours since we have been here this evening, so council will take a five-minute recess.

1837
02:52:37,390 --> 02:53:07,370
We're back from recess. We will continue our meeting with agenda item 7, which is public comments. Council, myself, valiant, respect comments from the public, aligned with the city of Hudson, codified ordinance, 2, 2, 2, 0, 0, 0, 3, title rules, item G sub, title decorum. I'm kindly asking everyone and attendance remain respectful of the process and display courtesy professionalism in order at all times. Also, for ordinance, 2, 2, 2, 0, 0, 0, 3, and sub, item G public comments are to be kept within five minutes.

1838
02:53:07,390 --> 02:53:12,970
As a continued reminder, there is a device on the lectern that will turn orange at one minute remaining.

1839
02:53:13,250 --> 02:53:18,550
It will flash red when you're five minute time has been expired.

1840
02:53:19,970 --> 02:53:25,130
Therefore, per the city of Hudson Charter Article 3 section 3.02, if there is any resident of the

1841
02:53:25,130 --> 02:53:28,750
municipality here tonight who would like to speak to Council regarding any topic.

1842
02:53:29,010 --> 02:53:32,470
That's relevant to the city of Hudson, kindly raise your hand, gain my attention.

1843
02:53:32,590 --> 02:53:35,470
And as you are verbally called upon, please approach the lectern,

1844
02:53:35,470 --> 02:53:42,510
State your name and address and council will hear your remarks. Is there anyone here tonight who would like to speak to council? Caitlin?

1845
02:53:52,140 --> 02:53:59,920
Not a public speaker. So I will try. My name is Caitlin Hannibal and I live at 2763 Middleton Road.

1846
02:54:00,660 --> 02:54:05,920
I have been one of the residents that is experienced the sewage back up for the last three weeks.

1847
02:54:06,660 --> 02:54:19,200
And I am here not necessarily talk about the sewage itself because I know that that is not a city ordinance and it is with my county, but I am here to discuss how my city has failed me.

1848
02:54:19,380 --> 02:54:28,460
It is my understanding that as a citizen of the of Hudson, that the constituent services should be that you should be helpful.

1849
02:54:28,460 --> 02:54:36,640
I should be able to reach out to you in a time of need and respectfully get a response back.

1850
02:54:37,400 --> 02:54:40,560
Unfortunately, that is not what I have received from my city.

1851
02:54:42,820 --> 02:54:47,040
Last night I did put, I did send out our claim for our county.

1852
02:54:48,020 --> 02:54:55,300
The disruption in my house was over $102,000 from the three times that we've had sewage backup.

1853
02:54:55,300 --> 02:54:59,980
Members of this Council have received that itemized.

1854
02:55:00,000 --> 02:55:07,580
We've list along with photos and our description of everything that has happened in the last three weeks.

1855
02:55:08,340 --> 02:55:12,480
Unfortunately, I've only received two emails in response to that.

1856
02:55:13,220 --> 02:55:19,640
It is also very unfortunate that both of those emails have been filled with lies and deceit.

1857
02:55:20,680 --> 02:55:22,220
And I have proof.

1858
02:55:23,400 --> 02:55:26,840
So I would like to start with my email that I received from Mr.

1859
02:55:26,960 --> 02:55:29,020
Bird who is my ward, Councilman.

1860
02:55:30,580 --> 02:55:33,760
He first started with I apologize for undercommunicating.

1861
02:55:34,460 --> 02:55:38,640
To be clear with you, undercommunicating would mean an insinuate that you

1862
02:55:38,640 --> 02:55:41,360
have communicated at some point before.

1863
02:55:41,860 --> 02:55:44,280
You never once communicated with me.

1864
02:55:45,440 --> 02:55:48,740
You told me that you had been in contact with David Lakate.

1865
02:55:48,740 --> 02:55:52,240
I believe that's how you say as name my apologies at Summit County.

1866
02:55:53,120 --> 02:55:58,360
I reached out to him because I have been speaking with him since August 18th, which is the first date.

1867
02:55:59,120 --> 02:56:02,500
You didn't reach out until September 8th.

1868
02:56:02,620 --> 02:56:08,500
Amanda Weinstein has spoken with him and she has actually made an appointment to have a meeting with him,

1869
02:56:08,620 --> 02:56:12,240
which you have not responded to as of this morning at 11.52.

1870
02:56:12,240 --> 02:56:13,220
I

1871
02:56:16,480 --> 02:56:22,080
don't understand how you can sit back and allow your constituents to be in an unsafe

1872
02:56:22,080 --> 02:56:29,520
home and feel displaced. This is at my basement. I live in a buy level. This is my

1873
02:56:29,520 --> 02:56:34,500
livelihood. This is the first home I have ever owned and we chose Hudson for the

1874
02:56:34,500 --> 02:56:37,240
schools and I am disappointed.

1875
02:56:39,400 --> 02:56:42,120
I received an email from Mr. Sheridan and I will be

1876
02:56:42,120 --> 02:56:48,440
short in my responses with him as it was a long email, but there too was many lies and deceit.

1877
02:56:49,820 --> 02:56:54,240
He clearly doesn't understand that there were three incidences, not just two.

1878
02:56:55,560 --> 02:57:01,060
He also states that he was in communication with the emergency contractor. Unfortunately,

1879
02:57:01,360 --> 02:57:07,580
that was after I had already spoke with him and we had already made plans to put in a new pipeline.

1880
02:57:08,180 --> 02:57:11,500
I had contacted our mayor on three separate occasions.

1881
02:57:12,380 --> 02:57:15,520
I got one response and that was on September 8th.

1882
02:57:15,820 --> 02:57:19,700
He made many responses to other neighbors of mine,

1883
02:57:19,820 --> 02:57:22,000
because I was not the only one that had this issue.

1884
02:57:23,280 --> 02:57:26,140
Unfortunately, I was not one that he communicated with.

1885
02:57:26,760 --> 02:57:29,820
And upon, from those communications, I asked him,

1886
02:57:30,000 --> 02:57:33,240
come and see my home, come sit inside my basement,

1887
02:57:33,760 --> 02:57:36,700
experience what we have been experiencing for three weeks.

1888
02:57:36,700 --> 02:57:39,800
His response was, I don't need to do that.

1889
02:57:41,080 --> 02:57:45,900
That is very unfortunate because that is my life, that is what I have been living.

1890
02:57:46,280 --> 02:57:51,740
That is what two other people have been living near me, and the response is, no.

1891
02:57:53,500 --> 02:57:58,600
But when he found out that a new pipeline was going in because I told him that it was going

1892
02:57:59,260 --> 02:58:02,000
in, I'll be there in 15 minutes.

1893
02:58:02,000 --> 02:58:09,860
So, the response was, you rip up my roads, you're doing something to that structure.

1894
02:58:10,780 --> 02:58:13,180
I will jump in my car and I will be right there.

1895
02:58:13,500 --> 02:58:21,500
But when I have three residents within my town who are living in sewage for three weeks,

1896
02:58:22,220 --> 02:58:29,000
straight, where we had my husband, who's a contractor, had to do a makeshift pump to make sure

1897
02:58:29,000 --> 02:58:33,720
it was not in our home anymore because it was constantly coming up.

1898
02:58:34,060 --> 02:58:39,900
That wasn't something that made the council or the mayor say I need to go see what's going

1899
02:58:39,900 --> 02:58:40,780
on.

1900
02:58:43,270 --> 02:58:48,230
If it were not for myself and my neighbors, none of this pipeline would be getting fixed.

1901
02:58:49,230 --> 02:58:52,050
I invite the mayor, I'm sorry, I already said that,

1902
02:58:55,360 --> 02:58:57,500
asking that this council step up.

1903
02:58:57,900 --> 02:59:02,880
Establish a clear and direct communication with those who have been affected in this community.

1904
02:59:02,880 --> 02:59:07,900
Ensure that the main is fixed is complete and functioning properly.

1905
02:59:08,600 --> 02:59:10,340
Show more compassion for your residents.

1906
02:59:11,460 --> 02:59:14,220
When your residents need you, show up.

1907
02:59:14,740 --> 02:59:18,680
Reach out that tiny little bit can go so far.

1908
02:59:19,320 --> 02:59:20,380
Thank you.

1909
02:59:21,160 --> 02:59:21,820
Thank you, Caitlin.

1910
02:59:25,560 --> 02:59:27,280
The additional public comment tonight.

1911
02:59:29,160 --> 02:59:29,640
Ms. Jones.

1912
02:59:29,640 --> 02:59:30,180
Good

1913
02:59:40,740 --> 02:59:54,820
evening again, Melissa Jones, 2, 2, 3, 3, we're about a street, I just want to briefly address a comment or several comments made by Mr. Slater regarding my involvement as a former planning commission member.

1914
02:59:56,460 --> 02:59:59,980
Yes, I served as a member of planning commission from the Spring of 2020 through August.

1915
03:00:00,000 --> 03:00:20,660
224. I served with pride, and dedication, and have the utmost respect for the skills, experience, and qualifications of the members with whom I have served and the current members. I have the same respect for all of the members of all the boards from which people in our community volunteer their time, expertise and abilities.

1916
03:00:22,380 --> 03:00:27,900
to suggest that anyone I'm planning commission is acting in an unsavory way is

1917
03:00:27,900 --> 03:00:32,400
frankly offensive. As it relates to me, a review of the planning commission meeting

1918
03:00:32,400 --> 03:00:37,300
minutes, specifically the minutes from the August 14th, August 28th, October

1919
03:00:37,300 --> 03:00:43,540
9th, 2023 minutes, provide the accurate history of events. As my properties adjacent to

1920
03:00:43,540 --> 03:00:47,320
the proposed subdivision, prestige requests that I recuse myself from the

1921
03:00:47,320 --> 03:00:54,220
meetings. I immediately, and I mean immediately, the day of took action by contacting Ohio Ethics

1922
03:00:54,220 --> 03:01:01,480
Commission, which is the proper course of action for me. I then obtained very quickly a letter

1923
03:01:01,480 --> 03:01:08,400
from the Ohio Ethics Commission, advising me of my recusal and expressly permitting by law,

1924
03:01:08,740 --> 03:01:14,380
my involvement in any discussion as a public citizen, or the private citizen, sorry. This letter

1925
03:01:14,380 --> 03:01:20,040
important and I had to get that letter because the OEC by law that letter provides me from immunity

1926
03:01:20,040 --> 03:01:26,180
from conflict claims against me, which Mr. Slater has threatened before and is clearly threatening

1927
03:01:26,180 --> 03:01:26,960
again tonight.

1928
03:01:29,320 --> 03:01:32,480
I properly be accused myself from all the cannibary discussions when I was

1929
03:01:32,480 --> 03:01:38,260
on planning commission and I have since then and since have participated in the process at all

1930
03:01:38,260 --> 03:01:45,140
times as a private citizen as is my legal and constitutional right. I had a lot to say in endeavor

1931
03:01:45,140 --> 03:01:50,720
to always be respectful in my comments and opinions, no one at any time ever suggested I acted

1932
03:01:50,720 --> 03:01:56,520
otherwise. In fact, no one in the past three years has ever be shout to me or my husband

1933
03:01:56,520 --> 03:02:01,160
in effort to try to discuss this, to try to get through this. It's just been fight after fight

1934
03:02:01,160 --> 03:02:06,800
after fight and threats, threats, threats from prestige. Perhaps if we had some sort of conversations

1935
03:02:06,800 --> 03:02:11,140
we wouldn't be here today, but here we are and I felt the need to say this because I heard it

1936
03:02:11,140 --> 03:02:14,140
tonight for Mr. Slater. Thank you.

1937
03:02:15,180 --> 03:02:16,020
Thank you, Mrs. Jones.

1938
03:02:19,590 --> 03:02:21,750
Is there additional public comments tonight?

1939
03:02:22,870 --> 03:02:23,830
Mr. Zedak.

1940
03:02:29,620 --> 03:02:31,460
Todd Zedak, 16 Hudson Common.

1941
03:02:33,020 --> 03:02:48,500
Skylar, I want to thank you for clearly articulating the real laws and the rules by which these bodies governed and the land development.

1942
03:02:48,500 --> 03:02:59,340
Development, commission should be governed. It was clear, it's precise, and I'm not shocked that the body at large

1943
03:03:00,000 --> 03:03:04,240
Upon hearing your comments, which I'm sure this is not the first time they've heard them

1944
03:03:04,920 --> 03:03:08,940
Didn't hit the brakes and say what in the world are we doing?

1945
03:03:12,480 --> 03:03:15,160
I didn't take a count of

1946
03:03:15,160 --> 03:03:18,260
the number of people who came up here and

1947
03:03:18,260 --> 03:03:18,640
Said

1948
03:03:19,220 --> 03:03:21,420
This seems like a really bad idea

1949
03:03:23,690 --> 03:03:32,450
But I have a really precise count of the one paid individual who came up here who's not a resident of the community and said Jesus is a great idea.

1950
03:03:33,050 --> 03:03:34,830
How come you guys already haven't done this?

1951
03:03:35,650 --> 03:03:36,430
We had a plan.

1952
03:03:37,030 --> 03:03:41,510
We had it rejected multiple times by multiple bodies and we've given it back to you again.

1953
03:03:42,170 --> 03:03:43,810
It's the same plan.

1954
03:03:44,370 --> 03:03:46,590
And now we want penalty stroke money.

1955
03:03:49,300 --> 03:03:51,560
It's ludicrous that this is taking three hours.

1956
03:03:52,740 --> 03:03:54,980
It should never have come up

1957
03:03:58,310 --> 03:04:01,310
and not for the life of me, I do not understand it.

1958
03:04:03,000 --> 03:04:11,320
And the accusations of campaign finance money being quit broke, well, it's nonsense.

1959
03:04:12,760 --> 03:04:18,560
I know none of you who accepted a couple hundred bucks from a person have changed any activity.

1960
03:04:19,280 --> 03:04:23,200
I don't think it for a second, I'm sorry that everyone came up,

1961
03:04:26,040 --> 03:04:28,440
but I do not understand

1962
03:04:28,440 --> 03:04:35,300
and why you don't listen to your people and instead seem to be constantly being let around the

1963
03:04:35,300 --> 03:04:43,260
nose by corporations, by companies, they're not people, despite what the Supreme Court says.

1964
03:04:46,500 --> 03:04:51,980
Please, do your duty, listen to the people, follow the rules.

1965
03:04:51,980 --> 03:04:59,960
The Land Development Coatist is a mismatch, everybody says it, assign the people to redo.

1966
03:05:00,000 --> 03:05:06,160
They want to redo it. They need time and resources. Give it to them. Let them make it better.

1967
03:05:08,880 --> 03:05:16,960
But I did a citizen of this community for 60 years. And I really don't want it to change much.

1968
03:05:17,920 --> 03:05:23,120
If you all want it to change in the community wants it to change, it becomes streetsboro or

1969
03:05:23,120 --> 03:05:28,320
stall or so-and-or wherever else, God bless them, please do it, go at it.

1970
03:05:30,040 --> 03:05:31,440
I will then move.

1971
03:05:32,480 --> 03:05:40,080
I want this town to remain the cute, quaint, pleasant place, it's been for years.

1972
03:05:41,760 --> 03:05:45,260
Please help me, help you do that.

1973
03:05:48,340 --> 03:05:48,840
Thank you.

1974
03:05:50,380 --> 03:05:52,060
Thank you, Mr. Zedak.

1975
03:05:55,440 --> 03:05:57,340
Is there any additional public comment tonight?

1976
03:05:59,730 --> 03:06:00,590
Mr. Rivita.

1977
03:06:10,220 --> 03:06:13,240
Anthony Rivita, 1746 Edgar Drive.

1978
03:06:13,780 --> 03:06:16,660
I want to bring up what I was talking about two weeks ago

1979
03:06:16,660 --> 03:06:18,360
was the corruption of Mr. Sheridan.

1980
03:06:21,220 --> 03:06:24,420
There has been, I can say nothing but great things

1981
03:06:24,420 --> 03:06:26,760
about the staff at City Hall.

1982
03:06:27,840 --> 03:06:31,660
What I can't say is that the way that Mr. Sheridan

1983
03:06:31,660 --> 03:06:39,780
has strong-armed most of the staff into whatever his narrative is, it becomes a toxic

1984
03:06:39,780 --> 03:06:40,380
environment.

1985
03:06:43,680 --> 03:06:52,480
I brought up last week at 318 Mr. Foster that his driveway, without a permit,

1986
03:06:57,440 --> 03:06:57,620
I want you

1987
03:06:57,620 --> 03:07:01,060
to understand this guy with a million dollar project.

1988
03:07:01,960 --> 03:07:16,340
Correction in a statement that was made tonight, the driveway in front of Mr. Foster's property on Walter's road was due to a single within the right of the way the city does not hold permits for our own work.

1989
03:07:16,540 --> 03:07:28,380
So there's a period of not going to find a permit for that. It's our own work in our right way. We do not hold permits for any of that work that's the city people working on it or our contractors. It was not Mr. Foster.

1990
03:07:28,380 --> 03:07:33,060
So, that was conducted through the engineering department and I believe we had an inspector

1991
03:07:33,060 --> 03:07:34,740
out there the entire time.

1992
03:07:35,020 --> 03:07:35,600
So, that's all.

1993
03:07:35,620 --> 03:07:42,780
So, when you have an engineering department and an inspector out there all time, which is

1994
03:07:42,780 --> 03:07:48,080
both lies, none of that happened, it was eight lies that he told everybody.

1995
03:07:48,440 --> 03:07:55,900
You guys, the city, and at the end of the day, if the engineer was told that he had to be

1996
03:07:55,900 --> 03:08:02,000
Mr. Foster's House, Mr. Sheridan was strong, I'm going to say, you're out there, pass it.

1997
03:08:02,760 --> 03:08:03,400
Because it's done.

1998
03:08:03,620 --> 03:08:04,460
It's in the paperwork.

1999
03:08:05,340 --> 03:08:15,020
The paperwork says that Mr. Foster's driveway passed, passed everything, and it's

2000
03:08:15,020 --> 03:08:15,420
completed.

2001
03:08:16,940 --> 03:08:25,500
One of the guys said that Tony Calabro work was completed without a permit.

2002
03:08:26,460 --> 03:08:31,920
Then afterwards he goes through all the things that weren't done, which is everything.

2003
03:08:34,600 --> 03:08:37,660
And then comes the timeline, everything is completed.

2004
03:08:38,660 --> 03:08:46,360
So Tony Calabro wasn't able to do the engineering review because the driveway was already

2005
03:08:46,360 --> 03:08:52,600
done. So, at the end of the day, Tony Clebrou, I don't have anything because of the driveway

2006
03:08:52,600 --> 03:08:59,280
was done already. Mr. Sheridan says, hey, put it in, complete it. I'm telling you this because

2007
03:08:59,280 --> 03:09:04,540
this is going to happen on every job that he does. That's the reason why these people are going

2008
03:09:04,540 --> 03:09:11,160
to him for his answers. His answer is always whatever's best for Mr. Sheridan. And what's happened

2009
03:09:11,160 --> 03:09:13,600
for Mr. what's best for Mr. Pitchford.

2010
03:09:14,040 --> 03:09:17,040
Mr. Pitchford made $600,000 last year.

2011
03:09:17,620 --> 03:09:21,140
That's amazing for a mediocre petty fogger.

2012
03:09:21,520 --> 03:09:24,220
I don't understand how a guy $600,000

2013
03:09:24,760 --> 03:09:27,760
can he make off of a city that's trying

2014
03:09:27,760 --> 03:09:30,540
their best to do the best for their citizens

2015
03:09:30,540 --> 03:09:33,040
when these guys are running their own business.

2016
03:09:36,040 --> 03:09:39,200
At the end of the day, I can only tell you this.

2017
03:09:39,200 --> 03:09:43,520
this is not a, this is not by accident.

2018
03:09:44,040 --> 03:09:47,580
These things keep coming up, they will still keep coming up.

2019
03:09:47,720 --> 03:09:50,960
He's making a decision on a multi-million-dollar project

2020
03:09:50,960 --> 03:09:52,800
that to me is laughable.

2021
03:09:53,620 --> 03:09:59,640
He made $8,939 on a $5,800 driveway.

2022
03:10:00,140 --> 03:10:18,740
And he's lied probably 10 times on my project, which is $12,000, and I wish Mr. Bird, which is my council person, would stand up instead of, rubber stamping, everything that's done by Mr. Sheridan, because he's leading you in the wrong direction. Thank you very much.

2023
03:10:20,930 --> 03:10:25,410
Thank you, Mr. Rivera. Is there any additional public comment tonight?

2024
03:10:30,220 --> 03:10:35,280
Seeing no further comment, we will close section 7, and move on to section 8,

2025
03:10:35,280 --> 03:10:37,420
which is correspondence in council comments.

2026
03:10:38,100 --> 03:10:39,480
If any council member has correspondence,

2027
03:10:39,680 --> 03:10:41,260
it has not already been generally distributed

2028
03:10:41,260 --> 03:10:42,620
and or council comments.

2029
03:10:42,780 --> 03:10:43,980
We will hear those now.

2030
03:10:44,200 --> 03:10:47,160
Please gain my attention and allow me to verbally recognize you

2031
03:10:47,160 --> 03:10:48,640
and assign you the floor.

2032
03:10:48,900 --> 03:10:50,620
Are there any council comments tonight?

2033
03:10:51,100 --> 03:10:51,800
Council or Gets?

2034
03:10:52,660 --> 03:10:54,640
This is a very different subject.

2035
03:10:55,820 --> 03:10:57,840
There was an incident at Acme,

2036
03:10:58,020 --> 03:11:04,420
where an elderly person fell, and the EMS came very quickly,

2037
03:11:04,420 --> 03:11:21,700
And a resident called me and said, it was amazing how well they handled this situation, their empathy, and I wanted to make that public announcement about what a wonderful EMS team we have.

2038
03:11:23,060 --> 03:11:26,960
Thank you, Councillor Gats. Additional comment from council members. Councillor Brisbane.

2039
03:11:27,780 --> 03:11:30,020
Thank you. Two comments.

2040
03:11:30,020 --> 03:11:35,060
So one, the other day I had the opportunity to tour the renovations that I've undergone.

2041
03:11:35,220 --> 03:11:38,360
So far, at the fire department, it is looking fantastic.

2042
03:11:38,900 --> 03:11:42,440
The fire department has kind of been able to move into their new section.

2043
03:11:42,640 --> 03:11:49,060
The MS is now in the kind of holding area that the fire department was in as their area is now torn up.

2044
03:11:49,280 --> 03:11:50,620
But things are coming along nicely.

2045
03:11:51,240 --> 03:11:53,800
I'm very excited for everyone to get the new space.

2046
03:11:53,920 --> 03:11:54,620
Especially excited.

2047
03:11:54,620 --> 03:12:01,700
One item of note was that we will have now two locker rooms full size men's about most importantly

2048
03:12:01,700 --> 03:12:06,560
full size women's locker room. The EMS has been pretty close to 50-50, but to this point

2049
03:12:06,560 --> 03:12:11,940
the women had basically been using a bathroom while the men had a locker room. That's just the way the space was designed.

2050
03:12:12,720 --> 03:12:14,600
So very happy to see that coming along.

2051
03:12:15,680 --> 03:12:22,840
The other item, excuse me, is getting a little late and getting a little foggy.

2052
03:12:22,840 --> 03:12:31,020
The velocity broadband, there had been some notifications going out this week about some of the projects, which were restarting,

2053
03:12:31,080 --> 03:12:35,460
some projects, which weren't going to be seeing construction this year.

2054
03:12:35,780 --> 03:12:41,740
I know the staff is working on now that the legislation has been passed, and we are going back up a bit on these projects,

2055
03:12:42,380 --> 03:12:48,080
a new updated timeline to be clear the general order of the project,

2056
03:12:48,080 --> 03:12:51,640
is a role in remain intact, but the timeline

2057
03:12:51,640 --> 03:12:55,840
years associated with the current documentation we have

2058
03:12:55,840 --> 03:12:58,540
out there are obviously a bit incorrect now due to the

2059
03:12:58,540 --> 03:12:58,960
policy.

2060
03:13:00,040 --> 03:13:06,460
So look forward to further, excuse me, to clarification on

2061
03:13:06,460 --> 03:13:08,900
that timeline and those projects when they will be done,

2062
03:13:08,940 --> 03:13:10,220
should be coming within the week.

2063
03:13:10,660 --> 03:13:12,020
Thank you.

2064
03:13:12,200 --> 03:13:13,320
Thank you, Councillor Brezvick.

2065
03:13:13,420 --> 03:13:15,780
Additional comment from any council member?

2066
03:13:16,880 --> 03:13:17,920
Councillor Weinstein?

2067
03:13:19,380 --> 03:13:21,600
I was at the degrees on the green today.

2068
03:13:21,780 --> 03:13:23,440
I got to see a lot of residents out there today.

2069
03:13:23,640 --> 03:13:25,520
It was very nice to have that meet up.

2070
03:13:25,660 --> 03:13:28,680
And I heard from a couple of residents that they really enjoyed it.

2071
03:13:28,740 --> 03:13:30,080
And would like to see it continue.

2072
03:13:31,040 --> 03:13:34,660
Just a reminder, the hired in Hudson is tomorrow.

2073
03:13:34,740 --> 03:13:37,880
9 to 3 at City Hall on Terrix.

2074
03:13:37,880 --> 03:13:40,560
A great way to connect with local Hudson businesses.

2075
03:13:41,500 --> 03:13:44,780
I was also at Planning Commission meeting last night.

2076
03:13:44,780 --> 03:13:49,860
Last night, they discussed interest in collaborating with the Environmental Awareness Committee

2077
03:13:49,860 --> 03:13:52,600
on the work regarding ecologically valuable land.

2078
03:13:52,600 --> 03:13:57,200
I thought that would be a good match up between the two where they have some similar interests

2079
03:13:57,200 --> 03:14:00,120
in looking at ecologically valuable land.

2080
03:14:03,580 --> 03:14:12,220
They opened up a discussion where the chair and I have discussed over email, some strategies

2081
03:14:12,220 --> 03:14:20,260
to improving the planning commission kind of procedures and processes and they also discussed

2082
03:14:20,260 --> 03:14:26,640
the settlement that we had a public hearing about today and passed along the memo that you all

2083
03:14:26,640 --> 03:14:38,960
have seen. Mainly the discussion was focused around, I would say some assumptions about our

2084
03:14:38,960 --> 03:14:42,320
with discussing the settlement and the settlement in general.

2085
03:14:44,540 --> 03:14:47,860
And I would, in some of it, I would consider,

2086
03:14:49,300 --> 03:14:53,800
most discussion around kind of personal attacks and politics

2087
03:14:53,800 --> 03:14:56,040
rather than land development code.

2088
03:14:57,020 --> 03:14:59,960
They'd also like a six-month moratorium on,

2089
03:15:00,000 --> 03:15:12,400
All planned developments, while they considered changing the land development code. There was some concern that that's not what we had discussed when we had our joint committee meeting.

2090
03:15:12,800 --> 03:15:28,840
They also approved proposal for town homes on morse road between Clinton and Owen Brown. They approved a daycare proposal on 303 intersex, and they are also considering an extension to allow the standard job company to resume construction on tariffs and Hudson Drive.

2091
03:15:28,840 --> 03:15:34,160
I'm invoked to delay that decisions so they can consider it further, I think that is it.

2092
03:15:34,500 --> 03:15:38,940
Thank you, Councillor Weinstein, additional comment from council members who have not spoken yet.

2093
03:15:39,260 --> 03:15:40,140
Council President Bert.

2094
03:15:40,780 --> 03:15:53,680
This seems like a while ago, but it was just Friday when we had the 9-11 commiroration and the planning

2095
03:15:53,680 --> 03:16:04,280
job of scheduling a service with some very powerful speakers, and then we did a

2096
03:16:04,280 --> 03:16:12,020
stair climb up and down the football stadium, some folks that we saw, some

2097
03:16:12,020 --> 03:16:19,820
firemen we saw in full, full gear, climbing all those steps in the heat, it was

2098
03:16:19,820 --> 03:16:25,700
very powerful to participate in that. And then Saturday was the the Trake and Bike

2099
03:16:27,640 --> 03:16:36,040
Celebration Bike extravaganza in in hasn't park estates where they raised I think close to

2100
03:16:36,040 --> 03:16:44,820
$30,000 for pediatric cancer. So that was that was really a great event to shout out to

2101
03:16:44,820 --> 03:16:48,760
the whole team that made that happen.

2102
03:16:51,460 --> 03:16:52,920
Thank you, Council President Burden.

2103
03:16:54,140 --> 03:16:55,500
Additional comments from any council member

2104
03:16:55,500 --> 03:16:56,740
have this spoken yet?

2105
03:17:01,480 --> 03:17:02,400
Councilor Getson, Jeff?

2106
03:17:03,220 --> 03:17:04,100
Yes, for a second round.

2107
03:17:04,240 --> 03:17:05,380
Yes, for a second round, please.

2108
03:17:06,940 --> 03:17:12,380
I just want to say I was at the architectural historic review board

2109
03:17:12,380 --> 03:17:16,980
last Wednesday, and they did not pass the plan

2110
03:17:16,980 --> 03:17:21,480
that planning commission just passed.

2111
03:17:21,980 --> 03:17:27,480
They did not agree with what planning commission had put together.

2112
03:17:27,860 --> 03:17:34,020
So the developer is in difficulties because he's getting two different opinions on what

2113
03:17:34,020 --> 03:17:36,180
that plan should look like.

2114
03:17:37,040 --> 03:17:42,520
So it is something that we may have to look at in the future, how we can get those boards

2115
03:17:42,520 --> 03:17:49,520
to come together in some way to help the developer put together a plan that works.

2116
03:17:51,560 --> 03:17:55,260
Thank you, Councillor Gibbs. Any additional comments from council members?

2117
03:17:58,360 --> 03:18:06,440
Seeing none, I will forgo my community updates, but I do want to address Mrs. Hannibal,

2118
03:18:07,380 --> 03:18:10,580
her comments, the resident on Middleton Road.

2119
03:18:12,780 --> 03:18:15,620
The city does care,

2120
03:18:18,260 --> 03:18:29,100
and her situation in her lower living floor, no resident should ever have to deal with raw sewage in their living space, their basement or their home.

2121
03:18:30,060 --> 03:18:36,960
So I do care, I do sympathize with her situation as well as the other residents in the nearby area.

2122
03:18:38,280 --> 03:18:50,800
But I will further address some of her comments because she said that the city was presenting her with lies to seat and what I interpret to be questionable motive.

2123
03:18:51,180 --> 03:19:01,960
And again, she had stated, I believe here tonight and at least to me in other correspondence because I've had multiple correspondence with her, where she said the city does not care.

2124
03:19:01,960 --> 03:19:10,020
stepping back, and all of this was explained and discussed with Mrs. Honorable several times.

2125
03:19:11,560 --> 03:19:17,780
The sanitary sewers in the municipality of Hudson that carry your raw sewage.

2126
03:19:18,540 --> 03:19:24,100
The city does not own those. They do not have the rights to work on those.

2127
03:19:24,100 --> 03:19:32,440
And who does is Summit County, Summit County owns the sanitary sewers.

2128
03:19:33,920 --> 03:19:39,820
So every time that I got a message or phone call, I immediately contacted Mr. Sheridan

2129
03:19:40,960 --> 03:19:45,440
and records requests can show this with voice mail's text messages and emails.

2130
03:19:46,860 --> 03:19:50,100
So I do care. I did care. I still care.

2131
03:19:50,900 --> 03:19:56,540
Mr. Sheridan got all of this information, and again, because the city does not own or cannot maintain

2132
03:19:57,090 --> 03:19:59,720
some accountants, sanitary sewers within our municipality.

2133
03:20:00,000 --> 03:20:25,620
We have to then go to Summit County. Mr. Sheridan being in water engineer has all of those contacts. More contacts than I have. I know he contacted all those people and informed them of the situation. Mrs. Hannibal did state that it happened several times in a short period of time, probably I think three or four weeks. That is unacceptable.

2134
03:20:26,160 --> 03:20:32,980
I told her that on this third instance, and that's why I went out there because I told her on the phone.

2135
03:20:33,760 --> 03:20:37,540
This is unacceptable that a root cause has not been identified.

2136
03:20:38,460 --> 03:20:42,040
I didn't get in my car because they were tearing up, stow road.

2137
03:20:42,420 --> 03:20:45,780
I could care less about stow road in traffic and tearing up the pavement.

2138
03:20:46,480 --> 03:20:51,740
I went out there to make sure that the county, who again is responsible, was out there

2139
03:20:51,740 --> 03:20:58,600
And they were doing their due diligence because the set happened multiple times in four weeks, which was unacceptable.

2140
03:20:59,420 --> 03:21:00,720
I told her all of this on the phone.

2141
03:21:00,860 --> 03:21:06,960
I understand she's passionate about her situation, but the city does care.

2142
03:21:08,340 --> 03:21:12,440
Earlier that morning, because the county owns the sanitary sewers,

2143
03:21:13,140 --> 03:21:18,420
I got a hold of the chief of staff for Executive Eileen Shapiro's office, Mr. Brian Nelson,

2144
03:21:18,420 --> 03:21:22,500
Talk to him on the phone, told him exactly what was going on and said,

2145
03:21:22,660 --> 03:21:24,380
Brian, you have to help us.

2146
03:21:24,900 --> 03:21:29,660
You can't get any higher in some at county than the chief of staff unless you go directly to executive

2147
03:21:29,660 --> 03:21:30,520
violin chupero.

2148
03:21:31,920 --> 03:21:39,500
So, I believe I did show that I cared and I was doing everything possible on something that the city of Hudson

2149
03:21:39,500 --> 03:21:44,940
cannot maintain or own because some at county owns the sanitary source.

2150
03:21:45,920 --> 03:21:49,420
Again, I sympathize with what these residents are going through.

2151
03:21:49,620 --> 03:21:51,500
I went out there to talk to those residents.

2152
03:21:51,780 --> 03:21:53,840
I spent an hour on site.

2153
03:21:56,260 --> 03:22:00,360
I'd like to understand what was going on and ensuring that the emergency crew, that the

2154
03:22:00,360 --> 03:22:05,880
Summit County Department of Sanitary Sewer Services, hired because, again, they owned

2155
03:22:05,880 --> 03:22:07,720
the lines and the maintenance.

2156
03:22:08,500 --> 03:22:13,480
I went out there to make sure they were doing their job and that we can understand that

2157
03:22:13,480 --> 03:22:16,160
they weren't going to walk away without finding the root cause.

2158
03:22:18,050 --> 03:22:24,110
So, to not belabor the issue any further, yes, there was blockage the first or second time.

2159
03:22:24,410 --> 03:22:28,210
The county came out and they jetted those lines, the sanitary sewer lines and cleared

2160
03:22:28,210 --> 03:22:29,090
that blockage.

2161
03:22:29,110 --> 03:22:30,490
Flow was re-established.

2162
03:22:31,710 --> 03:22:34,690
At that point, I thought the problem was solved and inverted.

2163
03:22:35,650 --> 03:22:40,770
So, that information I believe was given to the residents because the residents were all

2164
03:22:40,770 --> 03:22:44,370
standing out there watching what sanitary sewer services were doing.

2165
03:22:44,370 --> 03:22:47,730
So I didn't feel I needed to follow up additionally.

2166
03:22:48,910 --> 03:22:56,730
This third time the camera scopes in the sanitary sewers did detect a breakage of the pipe

2167
03:22:56,730 --> 03:23:01,770
and it had collapsed. It had collapsed and that's what caused the third issue.

2168
03:23:02,270 --> 03:23:05,710
So the first issue was blockage was cleared. Flow was established.

2169
03:23:06,690 --> 03:23:12,590
This most recent issue, the pipe collapsed. Nobody would have known that until they got out

2170
03:23:12,590 --> 03:23:15,650
with their camera scopes and found the blockage,

2171
03:23:15,650 --> 03:23:18,790
and that's when they determined the pipe has crushed.

2172
03:23:19,170 --> 03:23:20,490
The pipe has fallen in.

2173
03:23:20,570 --> 03:23:22,170
We have to replace the pipe.

2174
03:23:23,490 --> 03:23:26,970
So that decision was pretty clear that something

2175
03:23:26,970 --> 03:23:30,130
needed to be excavated, tore up, and replaced.

2176
03:23:30,950 --> 03:23:32,490
And I've had this discussion with Mr. Sharon,

2177
03:23:32,610 --> 03:23:33,650
and this would be my last comment.

2178
03:23:35,750 --> 03:23:38,770
You could sit there and say, OK, this pipe in this section

2179
03:23:38,770 --> 03:23:45,850
caved in failed let's excavate that those ten feet and replace just that

2180
03:23:45,850 --> 03:23:52,190
section of pipe that's not what was going to happen we had discussion I had

2181
03:23:52,190 --> 03:23:57,530
discussion with the foreman out there that day and we the consensus was we're

2182
03:23:57,530 --> 03:24:02,470
going to replace that entire length of pipe from this manhole all the way up at

2183
03:24:02,470 --> 03:24:05,970
Middleton and Stow Road all the way down Stow Road to where the grade then

2184
03:24:05,970 --> 03:24:07,750
starts to flow down south.

2185
03:24:08,430 --> 03:24:10,970
I don't know what that section of pipe is.

2186
03:24:11,150 --> 03:24:13,870
It's 3,400 feet, Mr. Sharon, and something like that.

2187
03:24:13,970 --> 03:24:14,810
It's several hundred feet.

2188
03:24:16,070 --> 03:24:19,150
That decision was made because the pipe was brittle.

2189
03:24:19,390 --> 03:24:21,150
The pipe collapsed in one place.

2190
03:24:22,570 --> 03:24:24,070
And the decision was then made.

2191
03:24:24,070 --> 03:24:27,210
Let's replace that whole section from manhole to manhole.

2192
03:24:28,090 --> 03:24:30,370
So I believe the city did their due diligence.

2193
03:24:30,450 --> 03:24:33,870
I believe the city took all the contacts

2194
03:24:33,870 --> 03:24:39,230
and brought all the people necessary in to get this resolved as quickly as possible, but again,

2195
03:24:39,650 --> 03:24:43,730
I understand that no resident should be dealing with raw sewage in their home or their basement,

2196
03:24:44,810 --> 03:24:51,130
but my final point is the city does care, and records a request could show the multiple

2197
03:24:51,670 --> 03:24:59,010
conversations, emails, and text messages about this specific situation. Those are all the comments I have. Thank you.

2198
03:25:00,000 --> 03:25:03,100
Additional comments from council members before we move on.

2199
03:25:05,210 --> 03:25:11,930
Seeing none, we will close section eight on correspondence and council comments and move on to section nine report of the city manager.

2200
03:25:12,810 --> 03:25:31,190
I would like to say it is almost 10.55 per rules 2 to 0.03 item C number 15. Council can vote to approve to go past 11 PM for this meeting, but I believe that is a two thirds vote to continue this meeting past 11 PM.

2201
03:25:31,190 --> 03:25:39,430
I believe we do need to be done by noon if we do that do that so I'm sorry midnight it's late

2202
03:25:41,410 --> 03:25:45,840
So Mr. Sheridan, I'd like to turn the floor over to you to provide any updates the council if you have them

2203
03:25:46,810 --> 03:25:52,240
real quick on the the alarms. I've had the alarms set to 1 a.m. just so council now

2204
03:25:54,910 --> 03:25:59,030
Just a couple of comments real quick this senior driveway program

2205
03:25:59,030 --> 03:26:05,370
snow-plying program, applications are being accepted currently, they started, they open that up on September

2206
03:26:05,370 --> 03:26:11,330
14th yesterday, and it goes all the way through October 14th, it's a first come-first serve,

2207
03:26:11,330 --> 03:26:17,670
and we have 150 spots available again, that's the senior residential driveway snow-plying program,

2208
03:26:18,030 --> 03:26:23,950
and that is also available for people with disabilities. Check out our website, they can go to public

2209
03:26:23,950 --> 03:26:26,190
works and get more information on that.

2210
03:26:26,590 --> 03:26:28,590
Splashpad came up early this evening.

2211
03:26:29,150 --> 03:26:30,670
I just saw everybody knows the Splashpad.

2212
03:26:30,870 --> 03:26:32,570
We'll be closing in the end of September.

2213
03:26:33,590 --> 03:26:35,950
And last but not least, I did want to go back

2214
03:26:35,950 --> 03:26:38,910
to one of the items that Council brought up tonight,

2215
03:26:39,430 --> 03:26:44,030
which was the changes in the fiber construction.

2216
03:26:45,010 --> 03:26:50,070
And today, met with Mr. Noblock and our VVV team,

2217
03:26:50,730 --> 03:26:52,350
we're going to put out a map.

2218
03:26:52,350 --> 03:26:57,550
And that's going to be able to show on the map the different color codes of when we're going to be in people's neighborhoods.

2219
03:26:58,830 --> 03:27:04,350
And then, you know, what's the dates of bidding and what's the dates of construction, which I think pictures worth a thousand words.

2220
03:27:04,910 --> 03:27:09,290
So we'll get that out on the website and we'll even talk about getting that out to everybody.

2221
03:27:09,730 --> 03:27:15,110
So that's all I had mayor. I didn't want to take on any more time, but those two programs are coming to an end.

2222
03:27:15,370 --> 03:27:18,850
Are starting and coming to an end this month and I wanted to say that.

2223
03:27:19,230 --> 03:27:20,450
Happy to answer any questions.

2224
03:27:20,450 --> 03:27:22,210
Thank you, Mr. Sheridan.

2225
03:27:22,610 --> 03:27:23,650
It is 10.57.

2226
03:27:24,230 --> 03:27:26,330
We can move on to section 10 for appointments.

2227
03:27:26,710 --> 03:27:27,590
Council President Bird.

2228
03:27:27,650 --> 03:27:28,870
Do we have any appointments tonight?

2229
03:27:29,450 --> 03:27:30,310
I can do one.

2230
03:27:30,590 --> 03:27:31,270
Motion first.

2231
03:27:32,470 --> 03:27:36,210
If you feel like you need more than two minutes to speak.

2232
03:27:38,350 --> 03:27:44,890
As we approach 11 PM, we would need a motion from a council member to continue on past 11 PM tonight.

2233
03:27:45,030 --> 03:27:48,310
With this meeting, it will require two thirds vote approval.

2234
03:27:48,310 --> 03:27:54,790
So as we still have agenda items to review this council wish to enter a motion to consider

2235
03:27:56,790 --> 03:28:04,710
Continuing our meeting past 11 p.m. I moved to go past 2300, but no longer the necessary

2236
03:28:05,390 --> 03:28:10,670
Thank you, council president, bird do we have a second second? I'll take that as councilor brezzovic

2237
03:28:10,670 --> 03:28:12,710
Is there any comments on that motion?

2238
03:28:12,710 --> 03:28:21,490
If not, Mrs. Wheeler, please roll call a vote on the motion to allow council to continue our meeting past 11 p.m. this evening.

2239
03:28:21,730 --> 03:28:30,630
Mr. President? Yes. Mr. Reno? Yes. Dr. Gates? Yes. Mr. Sutton? Yes. Dr. Weinstein? Yes. Mr. White? Yes. Dr. Bird? Yes.

2240
03:28:31,450 --> 03:28:39,390
Thank you, Mrs. Wheeler. That motion to allow council to continue this evening past 11 p.m. does pass unanimously by vote of seven favorite to zero against.

2241
03:28:39,390 --> 03:28:44,050
We'll then reconvene with Section 10 on our agenda for appointments.

2242
03:28:44,310 --> 03:28:46,750
Council President Bird, do we have any other appointments tonight?

2243
03:28:46,970 --> 03:28:48,470
We have no appointments today.

2244
03:28:49,190 --> 03:28:54,850
Tonight, but the deadline for applications has been extended to Friday, September 25th,

2245
03:28:55,110 --> 03:28:59,610
2026 for the Cemetery Board, Environmental Awareness Committee, Planning Commission,

2246
03:29:00,050 --> 03:29:04,310
Board of Zoning and Building Appeals, and the HCTV Advisory Committee.

2247
03:29:05,950 --> 03:29:07,010
Thank you, Council President Bird.

2248
03:29:07,010 --> 03:29:11,850
We will close section 10 on appointments and move to section 11 for the consent agenda.

2249
03:29:12,630 --> 03:29:16,650
Council members, if there are any items on the consent agenda that you wish to have considered separately,

2250
03:29:16,810 --> 03:29:19,970
please allow me to read the item gain my attention and state your wishes.

2251
03:29:20,850 --> 03:29:29,090
Item A is number 26-0079, a motion to acknowledge the timely receipt of the August 206 monthly financial report.

2252
03:29:32,210 --> 03:29:38,910
Item B on consent is number 26-1200, a resolution authorizing the city manager to advertise for bids,

2253
03:29:38,910 --> 03:29:44,330
enter into a contract and approve the pre-purchase of retaining wall blocks from Mac Industries

2254
03:29:44,330 --> 03:29:50,990
for the Ellsworth Meadows Golf Course, Hole 17, Retaining Wall Installation Phase 2 Project

2255
03:29:50,990 --> 03:29:52,630
and declaring an emergency.

2256
03:29:56,160 --> 03:29:59,060
Item C on consent is number 26-121.

2257
03:30:00,000 --> 03:30:09,140
Resolution authorizing the city manager to advertise for bids and to enter into a contract for the L'sworth Meadows Golf Course Stormwater Management Project.

2258
03:30:13,120 --> 03:30:26,900
Item D on consent is number 26-122, a resolution authorizing the city manager to advertise for bids and to enter into a contract for the North Main Strait Stormwater Improvement Project and declaring an emergency.

2259
03:30:26,900 --> 03:30:27,780
The

2260
03:30:30,690 --> 03:30:35,990
last item on consent is item e, number 2, 6, dash 1, 2, 3.

2261
03:30:36,110 --> 03:30:41,170
This is a resolution to forward the Clinton crossing preferred site plan to planning

2262
03:30:41,170 --> 03:30:44,990
commission for concept site plan review.

2263
03:30:48,570 --> 03:30:50,970
That concludes our consent agenda items.

2264
03:30:51,350 --> 03:30:55,930
Therefore, do we have a motion from council to suspend the three reading rule to consider

2265
03:30:55,930 --> 03:31:00,030
passage of the items on the consent agenda on this evening's first reading?

2266
03:31:00,830 --> 03:31:02,570
I move to suspend the rules.

2267
03:31:03,510 --> 03:31:04,870
Thank you, Councilor Brasovic.

2268
03:31:05,130 --> 03:31:05,870
Do we have a second?

2269
03:31:06,550 --> 03:31:08,650
Thank you, Councilor President Bird.

2270
03:31:09,170 --> 03:31:11,610
Mrs. Wheeler, will you please roll call a vote on the motion

2271
03:31:11,610 --> 03:31:14,170
to suspend the rules on the consent agenda?

2272
03:31:14,750 --> 03:31:15,370
Is there a memo?

2273
03:31:15,510 --> 03:31:15,790
Yes.

2274
03:31:15,930 --> 03:31:16,610
Dr. Gets.

2275
03:31:17,410 --> 03:31:18,110
Mr. Sutton?

2276
03:31:18,190 --> 03:31:18,470
Yes.

2277
03:31:18,550 --> 03:31:19,450
Dr. Weinstein?

2278
03:31:19,570 --> 03:31:19,790
Yes.

2279
03:31:20,030 --> 03:31:20,470
Mr. White?

2280
03:31:20,690 --> 03:31:21,030
Yes.

2281
03:31:21,250 --> 03:31:21,930
Dr. Bird?

2282
03:31:22,030 --> 03:31:22,310
Yes.

2283
03:31:22,490 --> 03:31:23,110
Mr. Brasovic?

2284
03:31:25,010 --> 03:31:25,670
Thank you, Mrs. Wheeler.

2285
03:31:25,710 --> 03:31:27,950
The rules are so suspended by a vote of seven

2286
03:31:27,950 --> 03:31:32,950
favor to zero against, do we have a motion from Council to approve the consent agenda?

2287
03:31:33,290 --> 03:31:34,770
We'll do approve the consent agenda.

2288
03:31:35,250 --> 03:31:36,310
Thank you, Council President Burd.

2289
03:31:36,410 --> 03:31:37,390
Do we have a second?

2290
03:31:38,790 --> 03:31:39,270
Thank you.

2291
03:31:39,430 --> 03:31:40,190
Was that Council in Brisbane?

2292
03:31:40,950 --> 03:31:41,470
Thank you.

2293
03:31:41,550 --> 03:31:43,650
Are there any comments or discussion?

2294
03:31:46,040 --> 03:31:47,100
Seeing none, Mrs. Wheeler.

2295
03:31:47,380 --> 03:31:51,100
Will you please roll call a vote on the motion to approve the consent agenda?

2296
03:31:51,580 --> 03:31:52,180
Dr. Gitz?

2297
03:31:52,960 --> 03:31:52,980
Yes.

2298
03:31:53,340 --> 03:31:54,080
Mr. Sutton?

2299
03:31:54,580 --> 03:31:55,400
Dr. Weinstein?

2300
03:31:55,500 --> 03:31:55,760
Yes.

2301
03:31:55,980 --> 03:31:57,700
Dr. Burd?

2302
03:31:57,860 --> 03:31:58,120
Yes.

2303
03:31:58,120 --> 03:31:59,740
Mr. President, Mr.

2304
03:31:59,900 --> 03:32:00,220
Yes.

2305
03:32:00,220 --> 03:32:00,340
Yes.

2306
03:32:00,340 --> 03:32:02,540
Thank you, Mrs. Wheeler.

2307
03:32:02,780 --> 03:32:07,960
The consent agenda has been approved by a vote of seven in favor to zero against.

2308
03:32:08,400 --> 03:32:13,680
We'll close section 11 and move on to section 12 for the legislative agenda.

2309
03:32:14,380 --> 03:32:16,620
Item A is number 26-78.

2310
03:32:16,900 --> 03:32:22,200
This is an ordinance amending chapter 876 short-term rental operations.

2311
03:32:22,200 --> 03:32:27,460
This ordinance has already had three readings and is actionable tonight.

2312
03:32:27,980 --> 03:32:32,180
This Council will wish to enter a motion on legislation 26-78 Council.

2313
03:32:32,900 --> 03:32:36,200
I move this to a date certain of November 10th.

2314
03:32:38,870 --> 03:32:43,610
Members, just to clarify your motion, your motioning to postpone legislation 26-78

2315
03:32:43,610 --> 03:32:46,570
to a date certain of November 10th, 2026.

2316
03:32:47,890 --> 03:32:49,150
Thank you, Councillor Gats.

2317
03:32:49,150 --> 03:32:51,350
Do we have a second to that motion?

2318
03:32:53,010 --> 03:32:58,650
Second. Thank you, Councilor Weinstein. Is there any discussion on the motion to postpone

2319
03:32:58,650 --> 03:33:02,370
to six steps of need to a date certain of November 10th?

2320
03:33:05,330 --> 03:33:05,990
Councillor Brousswick?

2321
03:33:06,850 --> 03:33:12,830
My understanding is the postponement is to give staff and if time to consolidate the

2322
03:33:12,830 --> 03:33:17,470
feedback. I just like to push back a little bit. We've already, this was already a postponement

2323
03:33:17,470 --> 03:33:23,410
day. Is it possible we could consolidate that information in time for, I believe, the 27th,

2324
03:33:23,410 --> 03:33:26,490
October 27th would be a regular council meeting.

2325
03:33:26,770 --> 03:33:28,230
That's a workshop of apologies.

2326
03:33:29,250 --> 03:33:30,310
The 20th be one.

2327
03:33:30,490 --> 03:33:30,890
Do you have a schedule?

2328
03:33:31,270 --> 03:33:35,850
I believe the second council meeting in October is the 20th.

2329
03:33:35,850 --> 03:33:36,710
The 20th.

2330
03:33:36,730 --> 03:33:37,850
October 20th.

2331
03:33:38,030 --> 03:33:40,290
I mean, that's still over among the way.

2332
03:33:41,490 --> 03:33:49,590
So your request is to have councilor Gats reconsider her motion to change the date certain date.

2333
03:33:50,930 --> 03:33:53,430
Council on the guests would you like to respond?

2334
03:33:54,710 --> 03:33:59,230
The clerk felt that this was the best date.

2335
03:33:59,990 --> 03:34:03,590
It's the November 10th.

2336
03:34:04,590 --> 03:34:04,870
Is that,

2337
03:34:09,060 --> 03:34:10,800
I'm sorry, Mr. Sheridan, did you have a comment?

2338
03:34:11,480 --> 03:34:17,700
Just real quick, I believe November 10th was picked because the other dates were full agendas,

2339
03:34:18,400 --> 03:34:21,920
but we could have the information available if Council would like in October.

2340
03:34:25,310 --> 03:34:32,030
Councillor Getz, that question then lies with you if you would like to revise your motion.

2341
03:34:32,230 --> 03:34:35,050
Otherwise, your motion stands and has been seconded.

2342
03:34:35,230 --> 03:34:37,230
I do not want to revise it.

2343
03:34:37,290 --> 03:34:37,710
That's fine.

2344
03:34:37,910 --> 03:34:42,210
Your motion has been made and seconded by Councillor Weinstein.

2345
03:34:42,750 --> 03:34:45,770
Is there any additional comment on the motion on the floor by Councillor members?

2346
03:34:47,660 --> 03:34:49,920
Seeing none, Mrs. Wheeler, please roll call the vote.

2347
03:34:49,920 --> 03:34:56,320
on the motion to postpone legislation 26-7-8 to a date certain of November 10th, 2020-6.

2348
03:34:57,140 --> 03:34:57,600
Is there a sentence?

2349
03:34:58,680 --> 03:34:59,420
Dr. Weinstein?

2350
03:34:59,840 --> 03:34:59,880
Yes.

2351
03:35:00,000 --> 03:35:29,890
Mr. White? Yes. Dr. Bird? Yes. Mr. President? Yes. Mr. Duramo? Yes. Dr. Gets? Yes. Thank you, Mrs. Wheeler. The motion to postpone legislation 26-78 to a date certain of November 10th, 2026 does pass by vote of five in favour to two against. We'll move on to item B on the legislative agenda. This is item number 26-118.

2352
03:35:29,890 --> 03:35:32,450
This is a second reading tonight.

2353
03:35:32,910 --> 03:35:34,350
This is a resolution authorizing

2354
03:35:34,350 --> 03:35:42,190
a settlement of the Prestige Builder Group LLC versus City of Hudson lawsuit and related claims surrounding the Canterbury Meadows development.

2355
03:35:43,390 --> 03:35:46,490
And, as Council knows, this was the subject of our hearing this evening.

2356
03:35:46,930 --> 03:35:53,830
Again, this is a second of three readings tonight, which the third reading on this legislative item will be on October 6th.

2357
03:35:53,830 --> 03:35:55,270
If I have that date correct.

2358
03:35:56,990 --> 03:35:57,050
Yes?

2359
03:35:58,710 --> 03:36:04,150
Moving on to item C on the legislative agenda is 26-124.

2360
03:36:04,290 --> 03:36:05,890
This is a first reading tonight.

2361
03:36:06,270 --> 03:36:11,430
This is an ordinance providing for the issuance and sale of $740,000 of taxable economic

2362
03:36:11,430 --> 03:36:16,890
development, non-tax revenue bond and anticipation notes in anticipation of the issuance

2363
03:36:16,890 --> 03:36:22,910
of bonds for the purpose of paying costs of acquiring approximately 4.0 acres of real property,

2364
03:36:22,910 --> 03:36:27,510
located near the southwest corner of Owen Brown Street and Morris Road.

2365
03:36:27,970 --> 03:36:30,610
Again, this is the first of three readings this evening.

2366
03:36:32,510 --> 03:36:36,290
Moving on to item D on legislative agenda, number 26-125.

2367
03:36:36,930 --> 03:36:42,810
This is an ordinance providing for the issuance and sale of $925,000 of taxable economic development,

2368
03:36:42,970 --> 03:36:46,070
non-tax revenue bond and anticipation notes.

2369
03:36:46,510 --> 03:36:52,830
In anticipation of the issuance of bonds for the purpose of paying cost of acquiring approximately 1.0 acre

2370
03:36:52,830 --> 03:36:57,490
of real property located at, excuse me, located at 94 Owen Brown Street.

2371
03:36:58,130 --> 03:37:00,750
This is also a first of three readings this evening.

2372
03:37:02,450 --> 03:37:05,610
Moving on to item E, number 26-126.

2373
03:37:06,030 --> 03:37:12,230
This is an ordinance providing for the issuance and sale of not to exceed 6,825,000 dollars

2374
03:37:12,230 --> 03:37:17,250
of notes and anticipation of the issuance of bonds for the purpose of paying cost of

2375
03:37:17,250 --> 03:37:24,590
proving city owned a property located at 5810 Hudson Drive by constructing furnishing a

2376
03:37:24,590 --> 03:37:31,370
equipping and otherwise improving item i a new salt storage facility and item i i a new

2377
03:37:31,370 --> 03:37:37,150
bus maintenance and storage facility and clearing improving and equipping the site again

2378
03:37:37,150 --> 03:37:45,250
this is a first reading this evening. Moving on to item f number 26-127 this is also a

2379
03:37:45,250 --> 03:37:50,210
meeting and ordinance providing for the issuance and sale of bonds in the maximum principal

2380
03:37:50,210 --> 03:37:55,990
amount of 21 million dollars for the purpose of paying costs of constructing, furnishing,

2381
03:37:56,130 --> 03:38:01,810
and equipping a facility housing functions of the city's department of public works and clearing

2382
03:38:01,810 --> 03:38:07,670
equipping and improving the site thereof. Again, this is a first reading this evening.

2383
03:38:09,470 --> 03:38:14,910
Moving on to item G, number 26-128. This is an ordinance providing for the

2384
03:38:14,910 --> 03:38:36,750
The sale of not to exceed 15 million dollars of notes in anticipation of the issuance of bonds for the purpose of paying costs of improving and expanding the city's velocity broadband fiber optic system by acquiring and installing infrastructure and equipment to enable provision of residential internet service.

2385
03:38:36,930 --> 03:38:39,370
Again, this is a first reading this evening.

2386
03:38:40,230 --> 03:38:44,170
Moving on to item H number 26-129.

2387
03:38:44,310 --> 03:38:48,950
This is an ordinance providing for the issuance and sale of not to exceed five million dollars

2388
03:38:48,950 --> 03:38:55,230
of notes in anticipation of the issuance of bonds for the purpose of paying costs of remodeling,

2389
03:38:55,650 --> 03:39:01,550
renovating, enlarging, furnishing, equipping, and otherwise improving the city's fire and

2390
03:39:01,550 --> 03:39:08,610
EMS facility, including constructing a new detached garage building on and clearing, improving,

2391
03:39:08,610 --> 03:39:17,050
and equipping the site. This is a first reading this evening. Moving on to the last item on

2392
03:39:17,050 --> 03:39:25,010
our legislative agenda is item I. Number 26-130. This is also a first reading. This is an

2393
03:39:25,010 --> 03:39:31,090
ordinance providing for the issuance and sale of not to exceed $3 million of notes in anticipation

2394
03:39:31,090 --> 03:39:37,490
of the issuance of bonds for the purpose of paying costs of installing and advanced metering

2395
03:39:37,490 --> 03:39:44,330
infrastructure, AMI, project for the city's water resources and public power utilities.

2396
03:39:45,410 --> 03:39:51,890
Again, this is a first reading this evening that does conclude our legislative agenda.

2397
03:39:52,510 --> 03:39:57,730
Therefore, we will close section 12 and move on to section 13 for an executive session.

2398
03:39:58,490 --> 03:39:59,950
We do have an executive session this evening.

2399
03:40:00,000 --> 03:40:09,920
Good evening to discuss pending litigation and the purchase of sale, of public property. Therefore, do we have a motion from council to enter into executive session?

2400
03:40:11,180 --> 03:40:23,880
Yes, I moved to enter into executive session, pursuant to Hudson codified ordinance 2-2-0.05-B-3-5 to discuss pending court action and matters that are required to be kept confidential by law.

2401
03:40:23,880 --> 03:40:25,920
and invited to this executive session,

2402
03:40:26,620 --> 03:40:29,740
our Dr. Bird, Mr. Brusevek, Mrs. Duremau,

2403
03:40:30,000 --> 03:40:31,900
Dr. Gats, Dr. Weinstein, Mr. White,

2404
03:40:32,360 --> 03:40:35,640
the mayor, the city solicitor, Attorney Mike Cicero,

2405
03:40:36,300 --> 03:40:38,640
the Community Development Director,

2406
03:40:39,080 --> 03:40:41,700
the Assistant City Manager, and the City Manager.

2407
03:40:43,340 --> 03:40:44,300
Thank you, Council President Bird.

2408
03:40:44,300 --> 03:40:46,120
Do we have a second to that motion?

2409
03:40:48,120 --> 03:40:50,940
Thank you, Councillor Gats, is there any discussion or comment?

2410
03:40:52,420 --> 03:40:57,000
Seeing none, Mrs. Wheeler, we please roll call a vote on the motion to enter into executive

2411
03:40:57,000 --> 03:40:57,940
session.

2412
03:40:58,380 --> 03:40:59,240
Dr. Weinstein.

2413
03:41:00,120 --> 03:41:00,780
Mr. White.

2414
03:41:01,740 --> 03:41:02,440
Dr. Burt.

2415
03:41:02,680 --> 03:41:02,920
Yes.

2416
03:41:03,300 --> 03:41:03,680
Mr. President.

2417
03:41:04,020 --> 03:41:04,420
Yes.

2418
03:41:04,620 --> 03:41:05,240
Mr. Raymo.

2419
03:41:05,880 --> 03:41:06,520
Dr. Gates.

2420
03:41:07,280 --> 03:41:08,000
Mr. Sutton.

2421
03:41:08,280 --> 03:41:11,950
Thank you, Mrs. Wheeler.

2422
03:41:12,570 --> 03:41:17,710
We will now enter into a private, closed or executive session by a vote of six in favor

2423
03:41:17,710 --> 03:41:18,990
with one abstention.

2424
03:41:19,450 --> 03:41:22,550
Please note that at the conclusion of our executive session, we do not anticipate

2425
03:41:22,550 --> 03:41:26,510
paid any further public business other than to officially adjourn our meeting.

2426
03:41:26,950 --> 03:41:27,450
Thank you.