[4:57] all right good evening everyone and [4:59] welcome to the february 7th 2022 regular [5:02] meeting of the council of the village [5:04] yellow springs [5:05] and we've already gotten this meeting [5:07] started we just came out of an executive [5:09] session so we're going to run right into [5:11] announcements and i'm actually going to [5:13] start off with a few and then if others [5:15] have them um [5:17] so i want to begin with as we get a [5:18] picture on the screen um just kind of [5:21] highlighting that i've got my bulldog [5:22] blue [5:23] got my button on [5:25] got my bulldog mug because i want to [5:28] give a big shout out to [5:30] two of our speech and debate students [5:32] who qualify for national are for states [5:35] they'll qualify for nationals too uh [5:37] this past saturday and that is jenny [5:39] meeken and adelia hallett [5:42] and so if you see them around town make [5:45] sure to give them a big shout out [5:46] because uh they're gonna be competing [5:48] with hundreds of kids across the state [5:50] and i think it's really exciting also i [5:53] wanted to thank bike yellow springs um [5:55] which is our local chapter of bike miami [5:58] valley they recently paid to have our [6:02] fix it station at the train station uh [6:06] get back into working order and um [6:08] that's a great asset that we have in [6:10] town for [6:12] plumbing up your tires and being able to [6:14] set up your bike if you have something [6:16] that you need to repair [6:18] i also wanted to mention uh that one of [6:21] our uh great team members johnny burns [6:24] had his birthday this past saturday and [6:27] um uh that came after a lot of uh snow [6:32] activity plowing whatnot so i do want to [6:34] thank the entire uh village crew [6:37] for all the work that they did during uh [6:40] all that snow activity [6:42] and um [6:43] one other thing i wanted to mention is [6:46] that uh our next meeting because uh it [6:48] will be president's day on february 21st [6:52] will happen on february 22nd [6:55] and uh so um just keep that in mind mark [6:58] your calendars i know that our council [7:00] meetings have become really popular [7:02] and the last thing i want to mention is [7:04] uh and i think we have something on the [7:06] screen for this as well [7:08] one of our um local citizens who has [7:11] done a lot of work to support the [7:13] village cindy seek [7:15] was awarded one of the top 100 public [7:18] service volunteers [7:20] uh they had over [7:22] 700 applicants [7:24] they um [7:25] they came from 49 states and if you [7:28] don't know cindy seek she helped with [7:30] our culture of health initiative [7:33] she recently put in a lot of work um [7:35] volunteering to uh submit our rebuilding [7:39] america's infrastructure with [7:41] sustainability and equity and uh she's [7:44] just all around like always there to [7:46] support constructively all the great [7:49] things that we're doing in our community [7:51] so thank you cindy we appreciate you [7:54] and um i don't know if josue or any [7:56] other council members have any other [7:58] announcements [8:02] brian i would like to add to your your [8:04] um your statement about the preparation [8:07] for the snow i i want to thank my team [8:10] for having such a great uh contingency [8:12] plan in place you know when we have a [8:14] public works team that's responsible for [8:17] snow plowing power outages down branches [8:22] water mains it's one crew [8:24] responsible for all of those things and [8:27] we had a big [8:28] snow event coming through and we were [8:31] prepared to address any one of those [8:33] emergencies and it's all done with one [8:35] crew [8:36] so we've got an amazing team we're able [8:38] to work around the clock from wednesday [8:40] night into saturday morning uh to take [8:43] care of any issues that came up and [8:45] and my the team did such a great job i [8:47] couldn't ask for a better team so thank [8:49] you thank you all for what you do [8:52] all right any other announcements [8:57] okay [8:58] if not then we are going to uh move into [9:01] the consent agenda and um those are the [9:03] minutes from our last meeting as well as [9:05] the minutes from the work session that [9:07] we had [9:08] and i'll entertain a motion to approve [9:10] the consent agenda [9:12] approve the consent agenda [9:16] okay [9:17] and i heard a second [9:19] okay [9:20] and uh judy if you could call the role [9:22] please [9:23] yes stokes [9:25] mcqueen [9:26] yes [9:27] brown [9:33] yes thank you [9:39] okay [9:40] um next up is a review of the agenda [9:42] anything that we need to change add or [9:44] ma or delete [9:48] okay [9:49] hearing none i'm going to hand it over [9:51] to vice president kevin stokes to run [9:54] through our petitions and communications [9:57] thank you brian [9:58] and what i have what the clerk has [10:01] received this week [10:02] for petition communications in the [10:05] packet first of all we do have the [10:08] letter and certificate [10:10] from the small town regarding the small [10:11] town volunteer award for cindy sikh [10:15] nick buddhist has [10:16] provided a letter [10:18] from [10:19] regarding the glenn helen tecumseh land [10:21] trust grant award for site cleanup [10:24] alexandria scott [10:26] has a letter [10:28] requesting time on the agenda for [10:31] section 8 education she's representing [10:35] the inclusive brazilian yell springs [10:36] coalition [10:38] the mayor's clerk has the mayor's court [10:40] report there's two [10:42] instances of that [10:44] dino palada has a letter offering us [10:46] information regarding housing finance [10:49] information links [10:50] dino also issued a letter challenging [10:53] the pud process [10:55] max chrome has a letter with links to a [10:58] presentation by max crone [11:01] greene county community health [11:02] department [11:04] has information regarding a vaccine [11:06] clinic that'll be february 8 [11:08] at antioch college [11:11] and we have a group of um [11:14] letters [11:15] uh some in support and some in uh [11:18] opposition to the pudding and i'll read [11:20] those off first the letters who that [11:23] came in in support of the pud [11:25] for the overall pud connie colette kathy [11:28] adams [11:29] and carolyn ray [11:31] those folks and entities that issued [11:34] letters [11:35] in opposition to the pud are sarah mabra [11:38] emily fober [11:39] brittany baum [11:41] catherine price [11:42] felicia chappelle [11:44] joanna schultz hermann [11:47] the resident activism of yellow springs [11:49] trustees max chrome [11:51] laura curless [11:53] and [11:54] shirley christensen [11:56] and that is all we have for petitions [11:59] and communications thank you very much [12:02] thank you kevin all right so we're going [12:03] to move into our um legislation and [12:07] first up we have the second reading of [12:09] ordinance 202202 [12:12] and judy we can read that in by title [12:14] only [12:16] right this is rezoning 52.65 acres of [12:19] property located north of the east hyde [12:21] road and west of spillane road to [12:23] planned unit development residential pdr [12:26] and amending the zoning map thereby [12:28] approving the preliminary development [12:29] plan [12:31] all right can i get a motion [12:36] i move [12:39] second [12:40] and there's a second [12:42] okay um all right so before we open the [12:44] public hearing i would just like to ask [12:47] council members [12:49] knowing that we've had over 20 hours of [12:51] discussion on um the pud [12:55] and uh i believe most of us have been [12:58] eating breathing sleeping um the pud for [13:01] the last couple months [13:03] what is it that [13:05] council members need to make their [13:07] decision [13:08] uh and so [13:10] feel free to mic on and just kind of let [13:12] me know [13:14] how [13:14] uh you want to run things like the [13:16] citizen comments and so forth um so that [13:20] we get what we need [13:24] well brian first of all if you'll allow [13:26] me oh yeah kevin please [13:27] yes this kevin stokes um [13:30] due to potential complex adventures i'm [13:33] going to recuse myself from this hearing [13:35] and from discussion and from any vote [13:38] on this legislation [13:40] thank you [13:41] okay thanks kevin [13:43] all right and i know that josue will be [13:45] removing your privileges and you're [13:47] camering off [13:49] um [13:51] so [13:53] mary ann mcqueen anything in particular [13:54] that you're looking for in this [13:56] discussion or with our um citizen [13:59] comments [14:00] i do have some points that i would like [14:02] to make and i have written out a bullet [14:04] point [14:05] uh presentation to go over that [14:08] i can do that now or i could do that [14:10] after citizen's comments and whatever [14:12] the pleasure of counsel is [14:16] okay well i think uh i think that that [14:18] is up to you [14:20] um [14:22] sorry we'll maybe we'll come back in a [14:23] minute lisa krieger anything that um [14:26] you're looking for to help make your [14:27] decision [14:30] um yeah i i am in particular thinking a [14:34] lot about the financial scrutiny of the [14:36] cost benefit analysis [14:39] um as well as um [14:43] uh the element about the um [14:47] complementary [14:49] mix of housing types those are the [14:51] things that are on my mind tonight [14:54] as i approach this boat [14:56] okay uh carmen how about you [15:00] i'm ready to go i'm good [15:02] good [15:03] okay and um i i think the main thing [15:05] i'll emphasize is um [15:08] we've heard a lot of comments um i i [15:12] think we would be looking for any uh new [15:16] uh information um because i think mostly [15:19] what we've heard has been sort of [15:20] repeating the the same issues which we [15:23] have certainly listened to and we've [15:25] read all the letters and and certainly [15:27] talked to a lot of people [15:28] um the other thing is we are going to be [15:31] limiting comments to two minutes [15:33] and um uh we'll need to make sure that [15:37] people are really clear about um giving [15:40] their name and their affiliation as they [15:42] as we requested last time [15:45] um and that is your affiliation to the [15:46] village [15:47] um with our [15:49] um group that's having the watch party [15:51] i'm not exactly sure what's the best way [15:53] to to work that because we'll need to be [15:56] bouncing around with comments um it [15:58] seems like you're texting judy [16:01] so maybe judy can kind of help [16:02] facilitate letting me know who wants to [16:04] speak [16:06] and um otherwise [16:08] uh [16:10] just remember that we will not tolerate [16:12] any personal attacks um if those occur [16:15] then we will have to mute you [16:18] and um [16:19] i think that's about it judy any other [16:21] protocol that i'm missing [16:24] i don't believe so no [16:25] okay [16:26] um so marianne back to you do you want [16:28] to make your comments now or wait till [16:30] after the citizen comments [16:34] i can talk now okay go ahead [16:38] so i there are four [16:40] four points that i would like to make [16:43] uh first is i'd like to just go over [16:45] what the two options are before us [16:48] the second i'd like to register my [16:50] concern about some of the tactics that [16:52] are being used to oppose the development [16:55] i'd also like to briefly speak to the [16:58] ecology of the the site itself [17:01] and lastly just what i see is the [17:03] opportunity [17:04] so [17:05] um [17:06] you know we're in this little village [17:08] but we're in this country where [17:11] i don't know 30 or [17:13] 40 percent of the people i guess think [17:15] that president trump won the election [17:17] i'm not sure what that proportion is [17:21] which seems odd [17:23] but i have to say that [17:25] it also seems odd that in this village [17:29] i believe there's approximately the same [17:32] percentage of people [17:34] who don't understand that there are two [17:37] options for this development either a [17:39] pud [17:41] or a single family [17:43] subdivision [17:44] and i think we've tried to put that [17:46] information out i understand that it can [17:48] be confusing [17:50] it involves property rights subdivision [17:53] rights zoning code building codes [17:56] and the role of the comprehensive land [17:58] use plan [18:00] so i'd like to first just discuss very [18:03] briefly the piece of negotiating for the [18:06] pud which took over a year and involved [18:09] our staff [18:10] so if if you're negotiating that means [18:13] you have to have something [18:15] to put on the table you have to have [18:16] something you want you have to have [18:18] something that you can [18:19] that that you can give [18:21] in this case [18:23] the village did not have a lot of [18:27] play playroom here because ober already [18:30] had what they wanted they wanted to do a [18:32] single family subdivision [18:34] so i think it speaks [18:36] well of ober that they were willing to [18:38] spend uh over a year to work with [18:42] primarily our staff [18:44] and i particularly think it speaks well [18:47] of our staff [18:49] who were willing and able to negotiate [18:52] the deal that they did [18:54] so i'm talking particularly about josue [18:57] salmeron our village manager [18:59] johnny [19:00] burns our public work director [19:03] and uh denise swinger our planning and [19:05] zoner [19:06] person [19:08] judy kintner has been involved and our [19:10] attorney [19:12] brianne parcells has as well [19:14] but these people have put their heart [19:16] and soul for the last year into this [19:19] negotiation [19:21] and we have been getting a lot of uh [19:24] emails of people who mistakenly i [19:27] don't understand [19:29] that the village just did not have [19:31] anything to offer really other than [19:34] the goodwill of oberer [19:37] or their their interest in being a good [19:39] neighbor [19:40] and frankly i cannot think of anyone in [19:43] the village who could have done a better [19:44] job than our staff [19:47] and i'm going to be sarcastic here [19:50] but if you think you could have done a [19:52] better job [19:53] then i suggest you [19:55] put your name in for one of those [19:56] positions because if i were one of our [19:58] staff at this point i might be thinking [20:00] about working someplace else for more [20:03] money at a place that appreciated the [20:05] work that i did [20:07] so [20:08] set that emotionality aside [20:12] my sense is that there have been three [20:15] groups of people who've been opposing [20:17] the pud [20:20] the biggest group i think are people [20:22] that don't understand [20:23] that just what i've said that there are [20:25] two options [20:27] there's a second group and it's a small [20:29] group i think who do understand they [20:32] they understand that [20:34] the option is a single family [20:37] subdivision and they prefer that [20:40] that's cool [20:42] i i don't that's not what i think but uh [20:46] i can see i can see some rationale in [20:48] that decision [20:50] then there's another group and i don't [20:52] know how big it is [20:54] who do understand that there are two [20:57] options [20:58] and their strategy [21:00] is to convince people to oppose the pud [21:04] and then work to [21:07] put roadblocks in the way so that oberer [21:09] cannot do the single-family subdivision [21:13] and an email that i had from someone in [21:16] this group sort of says i think sort of [21:18] what the strategy is [21:20] slow down the developer make it more [21:22] difficult [21:23] more expensive and time consuming [21:25] consuming [21:26] increasing the chances that they will [21:28] sell to a party that actually has love [21:31] for the village [21:34] well [21:36] a party who actually has love for the [21:38] village already had a chance to buy the [21:40] property and that party didn't [21:44] but well whoever that party is or may be [21:48] i didn't [21:50] judith hemfling [21:52] who with her she and i sort of led the [21:54] community effort to save the white owl [21:56] farm we didn't do it the village [21:58] government didn't home inc didn't um the [22:02] chamber didn't the foundation didn't uh [22:04] the community development corporation [22:07] none of us who live in the village who [22:09] knew that that property was for sale for [22:11] or was available at any rate sitting [22:13] there for decades none of us bothered to [22:16] go around and try and buy it [22:18] but oberer did [22:20] so i have a problem [22:22] with the idea that [22:25] of trying to put roadblocks and [22:28] hamper and hassle this process in order [22:32] to push ober out so that [22:35] someone else can buy the property we had [22:37] our chance it's our bad we didn't do it [22:41] and i have to say that [22:43] at least max chrome who is leading one [22:48] of these efforts and i assume dave [22:49] chappelle [22:50] is involved in this as well [22:52] max has said publicly that he's looking [22:55] out for his business interests and [22:57] dave's business interests [22:59] i have asked [23:01] what is it in their business interest [23:04] that this [23:05] development is going to hurt and [23:08] in the interest of transparency [23:11] i would like to know but right now we've [23:13] received one of our council members has [23:15] received a legal threat from max [23:18] and now we're being asked [23:20] on a fishing expedition which is what [23:22] it's called to send all of our emails [23:24] from august 1st [23:26] to [23:27] max's attorney [23:30] i just see that as part of this [23:32] uh harassment in terms of what i think [23:37] about [23:38] so the property itself there have been [23:40] people have talked about the property of [23:42] screen you know it has a stream in it [23:44] etc [23:45] well not everything that's green is a [23:47] pristine natural property three [23:50] three-fifths of that property has been [23:52] farmed with industrial agriculture [23:54] industrial agriculture is contributing [23:57] to thirty percent of our greenhouse gas [23:59] emissions it also has uses fertilizer [24:03] pesticides herbicides that flow into [24:05] that creek and that flow into the little [24:08] miami river so this is this is not like [24:11] some nature preserve that we're putting [24:13] housing on the creek itself has been [24:16] channelized as sort of a creek sort of a [24:19] drainage ditch [24:20] has much [24:23] honeysuckle around it [24:26] scrub trees it's not exactly a pristine [24:29] site i will say it has a mother of all [24:33] oak trees on that [24:35] site which i will ensure gets preserved [24:38] and i will be the first person up there [24:41] if there's any danger for that tree [24:44] so [24:45] in closing [24:46] [Music] [24:48] we didn't do what we could have done we [24:50] everyone in this community acquired that [24:52] property we didn't do it [24:54] so i want to encourage people rather [24:56] than trying to stop this project let's [24:59] do what we can do to make this a great [25:02] neighborhood for example this could be [25:04] the first neighborhood in yellow springs [25:06] that has all natural plants that's a [25:09] natural habitat neighborhood that would [25:11] be a first not just in yellow springs [25:13] but probably in all of ohio [25:16] so [25:17] i will end [25:19] with that [25:20] thanks [25:22] okay thank you marianne um all right so [25:24] we're gonna shift to uh citizen comments [25:27] and um again using the raise your hand [25:30] symbol would be the best way for me to [25:33] be able to recognize who wants to speak [25:36] and uh i saw matthew kirk's hand go up [25:38] before we even started so uh matthew [25:40] i'll begin with you [25:50] hey how's it going brian [25:52] good all right i will do my best to uh [25:54] keep it to two minutes there's a [25:57] kind of a lot to unpack still [26:00] um [26:01] i guess the biggest thing and i want to [26:03] say you know i was part of the community [26:05] group that uh worked with cosplay on [26:07] this project and i was really excited [26:09] when we first started talking about it [26:11] and the idea of these duplexes was [26:12] brought in instead of single family [26:14] homes because in my mind that meant [26:16] rental opportunities [26:18] however once the plan actually was [26:20] presented my view salaried because what [26:22] i saw before me we're not duplexes but [26:25] we're a product that's actually called a [26:27] twin hole [26:28] and uh the way this is being set up is [26:30] these are really functioning as [26:32] condominiums [26:34] you know uh the grass is gonna be mowed [26:36] by the hoa the snow removal is going to [26:38] be done by the hoa [26:40] and so just by virtue of including those [26:43] that property is going to have to have [26:45] an hoa in perpetuity [26:47] at no point you know will it be able to [26:50] kind of fall into the natural fabric of [26:53] yellow springs [26:54] um and be have it you know property [26:57] owners be able to have their own [26:58] definition of what they want to do there [27:01] and when you really look at the brass [27:03] tacks of the project [27:05] it's roughly the same number of homes [27:06] roughly the same amount of revenue from [27:09] a tax perspective [27:11] um [27:12] one thing that we're doing though is [27:14] we're taking a significant portion of [27:15] the property and allocating it to [27:18] more of a niche classification [27:21] where single-family homes 8 out of 10 [27:24] new home buyers that's what they prefer [27:26] no matter the age range [27:28] so really that is going to be a more [27:30] diverse product i think it's going to [27:32] integrate into the community better in [27:34] the long term whereas what we're really [27:36] getting is a single family home [27:38] development and a condominium [27:40] development uh right next to each other [27:42] essentially [27:43] um and so i think it's important to kind [27:45] of understand the framing and also [27:47] understand how those products attract [27:49] different home buyers [27:50] and what it is we're trying to attract [27:52] as we're a community that's trying to [27:54] get uh younger [27:56] sorry [27:58] that's two minutes [28:00] all right [28:10] matt met your muted i promise i didn't [28:12] do [28:24] [Music] [28:26] brian i i hear you i see you moving your [28:29] lips or you're trying to [28:30] speak [28:31] shoot sorry yeah um i was saying john [28:34] phoenix so yes jonphy go ahead [28:37] okay i had three [28:40] points of [28:41] why not to to [28:43] or why to reject [28:45] uh the putt [28:47] but i'ma start out with my solution [28:49] which i see max is already on to [28:52] and it is you know to prevent this from [28:55] happening in the future [28:57] on other issues as well [28:59] we should have a uh review of how this [29:02] plan developed and rolled out with [29:04] little or no community input [29:07] because that's why we're at where we're [29:08] at right now [29:10] in other words transparency of a process [29:14] so that's [29:15] my solution oriented to keep things like [29:17] this happen because this has happened on [29:19] other issues [29:20] selection of the police chief selection [29:22] committee [29:23] review of the citizen review board and [29:26] other things [29:27] that have been surreptitiously behind [29:29] doors and then presented to communities [29:32] uh so transparency process [29:34] uh reasons [29:37] this should be rejected because this is [29:39] it's uh [29:40] the social normal social economic [29:43] overlay is just it's [29:46] is flat out disgusting [29:49] just because it's small scale is still [29:51] the type of [29:53] social engineering of 70 60 years ago [29:56] where [29:57] low-income people were were coerced or [29:59] herded into a certain part of the city [30:01] into [30:02] tenements and [30:04] projects [30:07] secondly [30:09] uh it's overly obvious that ysdc has [30:13] been stroking oberer for months or years [30:18] for personal reasons [30:20] of building a personal legacy never [30:22] minding what the community wants or [30:24] needs [30:25] it should be rejected for that alone [30:29] and [30:30] finally it's the sole purpose of counsel [30:33] to do the people's bidding [30:36] and the people have spoken [30:39] against the against this seemingly [30:43] well it's not seemingly it's a cereticis [30:46] unilateral wet dream of counsel in ysdc [30:50] so i demand rejection [30:53] of [30:53] approving the pud [30:55] and if i could end with a two-sentence [30:57] quote [30:59] judy [31:01] uh be quick the first man who having [31:03] fenced in a piece of land said this is [31:06] mine and found people naive enough to [31:08] believe him that man was the true [31:10] founder of civil society [31:13] from how many crimes wars murders from [31:15] how many [31:17] and misfortunes might not anyone have [31:20] saved mankind [31:22] by pulling up those stakes and filling [31:24] in that ditch and crying to fellow [31:27] humans beware of listening to this [31:30] impostor you are undone [31:33] if you once forget that the fruits of [31:35] the earth belong to us all [31:37] equally and the earth's the earth itself [31:40] to no one [31:42] jean jacques rousseau [31:44] thank you [31:47] okay uh thank you jonphy i do want to [31:49] speak to transparency uh matthew kirk [31:51] did highlight that we had a citizen [31:54] group [31:55] um and i think most people that are [31:58] familiar with development projects know [32:00] that some negotiations do not happen in [32:03] public but we've had a lot of public [32:05] process all right i saw lisa able next [32:13] all right um [32:14] i just had a question maybe brian you [32:16] can address this which is how did ysdc [32:19] get thrown under the bus with this [32:20] project [32:21] we're not we're not at all related to it [32:23] anyway yeah have no idea [32:26] i wanted to take just a minute to [32:28] explain [32:29] um what i know about groundwater in in [32:33] the area of uh of the development [32:36] in 2001 i worked for [32:38] ysi and i was the project manager of the [32:42] groundwater contamination project ysi [32:46] and [32:48] i learned some things about groundwater [32:51] contamination and about [32:53] soil contamination [32:55] the first thing i learned is that soil [32:56] doesn't move [32:58] uh especially when it's underneath the [33:01] surface [33:02] and so what happens is if soil gets [33:04] contaminated [33:06] um [33:07] what happens to the contamination is it [33:09] moves via water [33:12] so [33:13] rain flows through the soil [33:16] water flows down until it hits something [33:20] and then it starts to move in the [33:21] direction of ground [33:23] water [33:25] so that's how it happens everywhere in [33:28] this particular part of of the village [33:33] that layer of rock that the groundwater [33:37] hits is generally [33:39] 10 to 20 feet [33:40] below the surface [33:42] uh [33:43] and that's and then below that is a is a [33:45] limestone aquifer that's somewhere [33:48] around uh 40 to [33:51] maybe 50 feet 30 to 50 feet down [33:55] most folks in the region who are on [33:57] groundwater [33:59] get their groundwater [34:01] their drinking water through a wealthy [34:03] drill that's in that first limestone [34:05] aquifer [34:07] so when ysi had this contamination [34:09] project [34:10] we drilled i don't know dozens of wells [34:13] at various levels that shallow [34:16] intermediate and deep [34:18] to hit all the aquifers to try to figure [34:20] out where the groundwater contamination [34:23] was [34:24] the sources were at ysi [34:28] and um [34:30] and residential wells that were in this [34:33] region were also used as part of trying [34:36] to delineate where these plumes were [34:41] um [34:42] so i guess if [34:44] what my point is if there was a dump [34:47] that contained anything that would have [34:50] impacted [34:51] groundwater in terms of contaminants [34:53] that that are drinking water standard [34:56] issues for epa [34:58] those contaminants would have been found [35:00] during the 20 years that ysi was [35:03] monitoring wells and they were not [35:06] and if there had been [35:08] say the same chemicals but in a [35:10] different quantity at that site the [35:13] oversight [35:15] there would have been a spike in the in [35:17] the downstream wells [35:19] that would have indicated hey there's [35:22] something else going on that's not at [35:24] ysi it's between ysi and this well [35:27] and those spikes were also not found in [35:30] the groundwater wells [35:32] so anyway those are the couple things i [35:35] just wanted to to let you all know about [35:37] a little bit of history from 20 some [35:39] years ago [35:41] all right thank you very much lisa um i [35:44] saw johnny dredd next [35:50] all right [35:55] can you hear me i'm unmuted can you hear [35:57] me anybody [35:59] yeah okay okay i'm sorry to make this [36:01] quick mr house i want to say last [36:03] weekend i think it was our last village [36:04] meeting it was three minutes and now [36:06] it's two minutes i prepared a three [36:07] minute thing so if you just give me a [36:09] second i promise no personal attacks [36:11] just i'm not anywhere else with my own [36:13] house i want to start now i want to [36:15] start by saying i got to make this quick [36:17] oh this sucks i'm a resident i'm a [36:19] single father i'm a renter here for [36:22] nearly 15 years just this year i was [36:24] able to afford to buy a house in the [36:26] village yay when i moved to town i did [36:29] so because it was a diverse it was a [36:31] multifarious it was a liberal community [36:34] and it was the only place that i felt [36:35] safe being a black single father raising [36:38] bi-racial kids my kids started at mills [36:40] lawn and they're in uh they're in the [36:42] high school now [36:43] and when i moved here i was welcomed by [36:45] an artistic a musical and an [36:47] intellectual community they've helped [36:49] raise my kids and it's the same [36:50] community that times helped me pay my [36:52] village utility bills [36:54] um and the community that i knew then [36:57] has slowly been priced out i was shocked [37:00] when i heard of this like tikitaliki [37:03] development being presented on outskirts [37:05] of town and to be honest i was a little [37:07] embarrassed [37:08] i felt like [37:09] you guys went behind her back she [37:11] developed it for a year and i didn't [37:13] have any input [37:15] and it's kind of too late i'm sorry but [37:17] it's a little too late to recommend that [37:19] we do a better job or that you guys were [37:21] surmising you could have done a better [37:23] job because you did it without our input [37:26] and that's that's offensive to me i i [37:28] feel upset about that [37:29] so the other thing is i've been watching [37:32] the conversation develop into one that's [37:33] like [37:34] divisive and it's overbearingly been [37:37] lost in the minutia of this like faux [37:39] immediacy or codes or environmental [37:42] impact and i feel like this isn't an [37:44] instance of us looking a gift horse [37:47] in the mouth but it's more like checking [37:49] the inside of like a trojan horse before [37:51] it comes into our city you know [37:53] [Music] [37:54] uh really quick the elephant in the room [37:57] it seems that nobody wants to uh discuss [38:00] the opinion or the influence of mr [38:02] chappelle and i'll be honest i'm not a [38:04] friend of his i've never been to his [38:06] house i don't have his phone number okay [38:09] but i do recall him mentioning that if [38:10] he were to [38:12] if we were to uh move forward with this [38:14] project that he would he would pull out [38:16] of his holdings in the village and i've [38:18] gotta ask like i've been to juke joints [38:21] i've been to summer camps we've closed [38:23] we as a village have closed off the [38:24] streets for his concerts his cultural [38:27] infusion into this town has been [38:29] long-standing we've been international [38:31] guests grace our village i've seen him [38:34] raise and champion our villagers [38:37] uh [38:39] and it's not because he needs to [38:41] it's not because he economically needs [38:43] to do this stuff [38:45] it's not something the the issues that [38:46] we've had can be just fixed by hanging a [38:48] black lives matter's flag over 68 and i [38:51] i'd i'd be foolish to say if it wasn't [38:54] dave's influence mr chappelle's [38:55] influence doesn't bring some villagers [38:57] or outside of towners to town uh and [39:00] from the outside like i said [39:02] he doesn't need us [39:04] right he's here because he loves it [39:06] but now what is it [39:09] no it's not been it's only been two it's [39:10] only been two let me just speak for a [39:12] little more i don't ask we do have to [39:15] move on but thank you i i think you made [39:17] uh all right i'll raise my hand if i can [39:18] come back maybe later at the end i [39:20] appreciate it thank you very much i [39:22] respectfully appreciate you guys thank [39:23] you [39:24] okay um i [39:27] saw the mills park ballroom next and i [39:31] guess let's just be clear on [39:33] who's speaking um [39:35] so [39:36] i can go ahead and mike on [39:49] all right [39:59] okay uh [40:02] are you guys miking on [40:05] oh i gotta [40:07] okay we can hear you now max [40:12] you can hear us [40:13] yeah [40:15] okay thank you please don't count that [40:17] against my two minutes [40:20] um [40:21] first marianne there's way more than two [40:23] options there's an infinite number of [40:25] options um even what's in front of you [40:28] today there's at least four there's [40:30] approve deny approve with conditions and [40:32] table it that's at least four [40:34] if you deny [40:36] or table it that opens up the rest of [40:39] the world possible [40:40] there's not just two possibilities um [40:43] i'm not in any of the groups that you [40:45] mentioned um i'm in a group [40:48] of one [40:49] someone who has 30 years of experience [40:51] in projects just like this who really [40:53] knows how to read the code and who has [40:55] some other ideas i'm respected all over [40:57] the country from ideas about this but [40:59] the door has been slammed in my face in [41:02] yellow springs my whole town i don't [41:03] know why [41:05] i got an attorney because brian house [41:07] kept implying that i was being dishonest [41:09] with my underlying intentions that i was [41:11] spreading misinformation [41:12] i have to protect my very very valuable [41:15] reputation that's why i got an attorney [41:18] i don't want to sue anybody i don't want [41:19] to hurt anybody in this town i'm here [41:21] because i love this town i want to make [41:22] this a better place [41:24] i i've withdrawn any threat of suing [41:26] brian but i asked stop calling the [41:29] things that i say misinformation when [41:32] you you're not going to need what that [41:33] misinformation is if i'm wrong about [41:35] something let me know we'll straighten [41:37] it out [41:39] um [41:41] oh [41:42] [Music] [41:44] can you hear me [41:46] yes okay [41:49] so [41:50] uh [41:52] lisa i want to say i have experience [41:53] with the ysi balloon too [41:55] i grew up between ys science development [41:58] and i drank that painted water for 18 [42:00] years okay i know all about it so it's [42:03] extremely offensive to me when you try [42:06] to sweep my environmental concerns under [42:08] the rugs [42:09] there was a dump there guys let's just [42:12] accept that fact i asked you to call mr [42:14] strewing and just ask them but no one's [42:16] taking the trouble to do that [42:18] um [42:20] for decades [42:21] our village council [42:23] has held the line they've stopped the [42:25] minutes [42:26] [Music] [42:27] they've stopped development in this town [42:30] why won't you [42:32] okay thanks max [42:35] um all right i saw ellis jacobs next [42:41] thanks hi um can you hear me okay here [42:45] we go yeah [42:46] okay good uh it's always an interesting [42:48] discussion and i'm always thrilled to be [42:49] at meetings with fellow villagers that [42:51] have strong opinions and express them so [42:53] well [42:54] um [42:55] affordable housing is a critical need in [42:58] our community and i really wish this [43:00] proposal [43:01] in the pud had more of it [43:05] but i know the council has strongly [43:07] supported [43:08] initiatives for affordable housing in [43:10] this town for the last several years and [43:12] really for quite a while [43:14] and so i would [43:16] i think it's [43:17] i believe that that our staff people who [43:20] negotiated with uber knew that and made [43:22] their best effort to try to come out of [43:24] this negotiation [43:26] with ober [43:27] uh with some affordable housing and they [43:30] did get some stuff some things that i [43:33] think would be valuable they are in fact [43:35] valuable for our community i think [43:37] marianne said it correctly that they [43:39] went into the negotiations we [43:41] went into this negotiations with way [43:44] less leverage [43:46] than i wish we had than we should have [43:49] had and in fact we got to fix it we got [43:51] to figure out why we had so little [43:52] leverage and we got to fix that into the [43:55] future [43:57] but i'm concerned and i've listened [44:00] carefully to the people that are [44:01] opposing this pud i'm concerned that i'm [44:04] not hearing a viable strategy to get a [44:07] better result [44:08] what i'm hearing is a strategy that will [44:10] probably [44:11] most likely end up with us getting a [44:14] large development of single-family only [44:17] residents that cost a lot of money [44:20] and so in the absence of [44:24] something better [44:25] i think we need to look seriously at [44:28] what's on offer and we need to tell [44:30] ourselves that we're going to fix the [44:32] problem that [44:34] resulted in us having so little leverage [44:36] so with apologies to our avian friends [44:39] i'll say sometimes a burden of hand is [44:42] better than two in the bush [44:46] okay thank you ellis [44:48] all right um john hempflink [44:55] hi [44:56] um [44:57] thank you [44:58] uh yeah what i wanted to say was i think [45:01] very similar to uh what else said [45:05] that basically [45:06] um [45:07] clearly under the pud [45:09] uh the village will [45:12] get some land um [45:14] donated to the village um to develop [45:16] affordable housing on um [45:20] and [45:26] sorry [45:28] i guess you know listening to what [45:30] council has said so far you know i've [45:32] definitely heard um support for [45:34] affordable housing occurring on [45:36] um at that land so [45:39] um i think that that you know explains [45:41] um some of the support on council for [45:44] the pud application um there's and also [45:47] i've heard um some concerns about [45:49] gentrification occurring due to the [45:51] development [45:52] and between um the pud and the parallel [45:54] plan [45:55] um it seems obvious that the parallel [45:58] plan would result arguably [46:00] proportionately more gentrification [46:02] since you would only since it wouldn't [46:04] contain no affordable housing um i [46:06] haven't heard council express any [46:08] concern any [46:10] sort of desire for single family housing [46:12] over duplexes and townhouses or over a [46:14] park or over [46:18] the affordable housing [46:22] and so [46:23] i guess that's a good reason to feel [46:25] like [46:27] council and maybe most the community [46:29] actually prefers the beauty over the [46:30] parallel plan [46:32] um [46:33] and if council sort of disagrees with [46:35] their own lawyers [46:37] basically legal view [46:39] that [46:40] if this if the pd is rejected then the [46:43] parallel plan um will move forward i [46:45] guess i just urge those council members [46:47] to move to table to get other legal [46:50] advice if they doubt their own lawyer's [46:52] view [46:53] although i suppose that that would only [46:55] just be like a [46:56] necessary but not [46:58] sufficient condition so i should have [47:00] prepared more [47:01] for opposing the pud um because arguably [47:05] even with um [47:07] more time and slightly more leverage [47:08] it's still a little bit questionable [47:09] whether the village really could get a [47:11] better plan um [47:15] thank you [47:17] all right thanks john [47:18] um amy walmsley [47:28] okay amy i think you're on okay sorry [47:31] i'm [47:31] struggling apparently okay here we go [47:34] good evening my name is amy wamsley and [47:36] i'm speaking as a concerned community [47:38] member not as a member of the arts and [47:39] culture commission or any other [47:40] organization in which i am affiliated i [47:43] want to thank all of you for your [47:44] service to our village a village that [47:45] prides itself on activism fighting for [47:47] the truth transparency equity and [47:49] diversity unfortunately with due all due [47:51] respect i am finding that the process in [47:53] communication around the pud has not [47:55] been representative of our village the [47:57] faq came out almost a month after a [47:59] council member requested it [48:01] um [48:03] and uses the voice of ober and some of [48:05] the questions are not completed for [48:07] example question number nine [48:08] specifically states side loaded garages [48:10] are a popular feature in many of our [48:13] subdivisions and question number four [48:16] was not fully answered the answer only [48:17] refers to the pud zoning and not the ra [48:19] zoning as requested from a citizen's [48:21] perspective how can council make an [48:23] unbiased educated decision when the [48:25] requested faq by council does not give [48:28] the entire picture of the questions that [48:31] are not fully answered how can villagers [48:32] have confidence in a document that lacks [48:34] detail and clearly appears one-sided to [48:37] the pud in the voice of ober question [48:39] 30's response under cluster development [48:41] in the remaining area or open space [48:43] needs to be large enough to have an [48:46] economic use or be accepted as part of [48:48] the park or other maintained or [48:49] preserved open space if this site were [48:51] clustered onto a small site the [48:53] resulting open space would not be large [48:55] enough for that use a clear cut nine [48:58] acres of trees was approved nine acres [49:00] is not only enough to be a park it is [49:02] what is it is what the comprehensive [49:04] plan actually requires with the pud of [49:06] this size when looking at the comp plan [49:08] and mentions moving senior houser closer [49:10] to the downtown area for walkability [49:12] accessibility [49:13] now we are being sold housing as [49:16] potential retiree housing so far out of [49:18] town it will be on property that we [49:20] annexed i'm generally concerned that [49:22] there is a consideration to put the work [49:24] that defines the village of yellow [49:25] springs to the side for what seems to be [49:28] mostly 1.75 acres and some playground [49:31] equipment playground equipment that is [49:33] being placed next to a drowning hazard [49:34] for children which by the way approving [49:37] with modifications could not change [49:39] where that playground equipment is [49:41] placed the village celebrates those [49:44] governmental agencies accountable [49:45] therefore i am asking that council [49:47] either request a postponement until you [49:49] receive the information that you need or [49:51] request [49:52] uh a request and requested or vote no [49:54] against the pud proposal thank you [49:57] all right thank you amy [49:59] um [50:00] e fleck [50:06] hello um my name is eve fleck i live on [50:09] the corner of randall road and margaret [50:10] drive i've lived here since 1987 and [50:14] i've been active in the village in lots [50:16] of ways [50:17] the affordable housing will be directly [50:20] behind my house and the side of my house [50:23] and i just want to say that i'm in favor [50:25] of that i look over the plan i don't [50:27] really want to see [50:29] all giant single-family homes and i've [50:33] also heard from some retirees [50:35] that they would like to have some sort [50:37] of condominium option which is why park [50:39] meadows is often very popular that they [50:42] don't want to be shoveling snow or [50:44] living in a four bedroom house but [50:46] anyway i wish the poud was different i [50:48] wish it were better i wish it were more [50:50] to my liking but this is what we have [50:52] and in [50:53] that sense i'm [50:54] i'm in favor i want to see some [50:56] affordable housing [51:00] thank you [51:04] um [51:05] diane chitister [51:11] hi good to see everybody um i'm a [51:14] 40-year resident of yellow springs and [51:17] as [51:18] in my previous job at the yellow springs [51:20] news i covered a whole bunch of village [51:22] council meetings [51:24] and covered things like the bow and [51:26] housing needs study [51:28] and i'm i'm for the pud i i hope console [51:32] approves of it [51:34] my work covering console convinced me [51:36] that the village definitely needs more [51:38] housing of diverse kinds diverse prices [51:42] diverse sizes and critically needs [51:45] affordable housing and the pud provides [51:49] takes us down the road toward meeting [51:51] these needs it provides some of this far [51:54] more than residents say which only [51:57] provides [51:58] one kind of housing uh big houses big [52:01] lots [52:02] and my understanding is that's the only [52:03] other option other than the pud so [52:06] definitely i'm i'm supporting the pud [52:09] a lot of the opposition toward the [52:11] project comes from neighbors and that's [52:13] understandable neighbors have [52:16] have legitimate interest [52:18] but those interests are not the same as [52:20] the interests of the community as a [52:22] whole [52:23] and it seems to me that the pud does [52:26] meet the needs the interest of the [52:28] community as a whole [52:29] so i urge consul to vote for it [52:32] that's all [52:33] all right thank you diane [52:36] um kate hamilton [52:40] hi thanks um [52:43] president grew up here moved away [52:47] came back to raise our children here [52:50] um when we were looking for a home about [52:52] nine years ago we were unable to find [52:54] one [52:55] so we ended up building in birch three [52:58] which i never planned on building a [53:00] house i this used to be a field [53:03] but it was all that was available [53:05] basically at that point [53:07] i remember asking my developer [53:09] why don't you build some duplexes in the [53:11] middle part there was this like island [53:14] that my kids called [53:15] coop island because people walked their [53:17] dogs there and didn't clean up after it [53:19] anyways [53:20] um he said oh well you know we wanted to [53:23] do that and we tried to do that [53:25] but the neighbors were opposed to it [53:28] and so i recently read a news article [53:31] back in [53:32] 2008 this happened before i had moved [53:34] here [53:36] and sure enough yeah neighbors didn't [53:38] want it they didn't want [53:41] that look they didn't want their [53:42] property values to go down i do think [53:45] that some of the neighbors speaking out [53:47] against this [53:50] subdivision are worried about the [53:52] property values and they need to be [53:53] honest about that [53:55] um [53:56] i support the pud i think we need a [53:59] diversity of types of housing [54:02] and [54:03] being a person that lives around a bunch [54:05] of big houses [54:07] this this doesn't represent what most of [54:10] our community looks like [54:12] um [54:12] yeah i support it [54:14] and it's i'd rather stay a field with [54:17] deer frolicking and all of that you know [54:19] and i'd like to be 35 years old again [54:21] but this is our reality and our staff [54:26] and our village manager have worked [54:28] extremely hard to make the best out of [54:30] this situation [54:32] thanks [54:34] all right thank you kate [54:36] um [54:36] jamie fine [54:39] oh my god [54:42] hi all thank you for the opportunity to [54:44] comment um i'm visiting briefly from [54:47] california my name is jamie fine i'm the [54:49] son of joan fine who lives on east [54:51] limestone street where i grew up [54:54] i wanted to let you know that i spent [54:57] time playing in that land with max and i [55:01] do recall that that was a garbage dump [55:03] we used to collect garbage and make [55:04] flotation devices and max used to try to [55:07] convince me to get on those flotation [55:08] devices in that pond [55:11] i think um what i'm hearing and seeing [55:14] is [55:15] that [55:15] there's a real need to slow down and [55:17] allow for more more investigation [55:20] further deliberation and more of this [55:22] civic discourse that yellow springs is [55:24] known for [55:25] um i um [55:27] i do recognize there's a need for [55:29] additional site assessment due to the [55:32] proximity of groundwater contamination [55:34] the history of the site being used as a [55:36] dump and what i can see is an incomplete [55:39] evaluation of the environmental [55:41] attributes and potential for sensitive [55:43] habitat [55:44] i do want you to know that i'm a senior [55:46] economist at environmental defense fund [55:48] where i've worked on environmental [55:49] policy and advocacy for over 30 years i [55:52] took a look at the overall proposal on [55:54] the 366 page proposal because i was [55:56] particularly interested in what the [55:58] fiscal impacts of the proposed project [56:00] which adds 10 of population to the [56:02] community are going to be and how those [56:04] are going to be mitigated and i really [56:06] didn't find anything so uh council [56:08] craiger i understand that's one of the [56:10] questions you have and with a little [56:12] more time and more investigation i'd be [56:14] happy to offer my help in understanding [56:16] those potential impacts and how we can [56:18] mitigate them [56:20] with more deliberation we can use what [56:22] we have as a community and that's time [56:24] and leverage [56:26] we can see that leverage in the room [56:27] today thank you very much [56:30] okay thank you jamie [56:32] um okay [56:34] uh next i see eric oberg [56:41] thank you [56:43] okay hold on a second um [56:46] okay so [56:47] uh [56:49] watch party guys um you need to figure [56:51] out a way to mute yourselves or i guess [56:53] otherwise leave the meeting and come [56:55] back [56:56] um so [56:59] okay [57:00] so eric go ahead yeah i just i i wasn't [57:03] going to make a comment tonight but i [57:04] just i wanted to point out something [57:06] that i heard that i [57:08] i guess i i want to hope that it's not [57:10] what somebody meant but i heard a [57:12] comment from the ballroom that [57:14] decades of village councils have stopped [57:17] development [57:18] and we hope that this council will stop [57:21] development too [57:22] i kind of want to point out that the [57:24] fact that we stopped development for [57:25] decades is why we're in the problem we [57:28] have with a lack of housing a lack of [57:29] diversity and a lack of availability so [57:33] if that's really the stance of a large [57:35] group of people in this town that come [57:37] hell or high water we want all [57:38] development stopped i would love that to [57:40] just be said honestly [57:42] but i heard the statement i hope it was [57:45] wrong [57:46] thank you [57:47] all right thanks eric [57:49] uh judith hemphlay [57:56] uh hello there [57:57] can you hear me brian yeah you can't yes [58:00] okay i just want to say you know i think [58:03] every council member [58:05] ran on a platform of affordable housing [58:10] i believe as marianne said there are two [58:14] choices we can have our a and i think [58:16] that will start probably around four [58:19] hundred thousand dollars per home [58:21] or we can have a pud where we will where [58:25] the village council where the village [58:27] will [58:28] be donated [58:30] almost two acres of land where 20 to 28 [58:33] units of affordable housing [58:36] can be built it will be donated for [58:39] affordable housing [58:41] council members have ran on [58:44] a support of affordable housing [58:47] the ra will provide no affordable [58:49] housing [58:51] i'm very much with ellis [58:53] jacobs [58:54] i'm very much with people who want more [58:56] diversity in this community [59:00] the affordable housing can be affordable [59:03] to the people that the [59:05] village [59:06] council can work [59:08] you know that the village council wants [59:10] to serve you guys get to decide [59:13] [Music] [59:14] if you want it for people very low [59:16] income [59:17] per the federal [59:18] uh [59:19] guidelines on affordable housing you [59:21] know a little higher income modest [59:23] income [59:24] but a lot of the affordable permanently [59:26] affordable housing in the village is [59:28] serving [59:29] people with low [59:31] to very modest income [59:33] i don't see how r.a gets us what i had [59:37] understood when i voted for several of [59:39] you guys [59:40] i don't think it it gets us affordable [59:42] housing that you had committed to so i [59:45] urge you to [59:47] stick to your commitments [59:49] um [59:50] and please do vote for this pud [59:53] thank you [59:54] all right thank you [59:56] uh patrick lake [1:00:12] patrick are you uh able to mic on [1:00:20] i don't really see anything okay there [1:00:24] we go all right patrick [1:00:28] okay but we cannot hear you [1:00:34] it looks like he's on as an individual [1:00:36] and in the ballroom [1:00:38] oh i see okay [1:00:40] all right [1:00:41] patrick try to mike on now [1:00:46] i'm gonna have a bunch of feedback can [1:00:48] you unmute the ballroom so i can speak [1:00:50] their place [1:00:53] uh [1:00:54] sure uh whoever can unmute the ballroom [1:01:01] thank you [1:01:03] okay brian can you hear me we can [1:01:06] okay excellent speak right into it [1:01:09] uh council members and my fellow young [1:01:12] springers [1:01:13] our council seems trigger-ready to set a [1:01:15] dangerous precedent [1:01:17] passing this dud will begin the erosion [1:01:19] of cultural diversity and our uniqueness [1:01:22] the exact thing that has drawn and held [1:01:24] yellow springers to this place the place [1:01:26] we all love [1:01:28] are we ready to welcome panera bread [1:01:30] walmart and cracker barrel next [1:01:33] whether for or against this pud there is [1:01:35] so much that we all agree on here we [1:01:38] want to see why us grow [1:01:40] we want to see increased access to [1:01:41] affordable rentals we want to see [1:01:44] preservation of green natural and [1:01:46] important spaces and we want to see that [1:01:48] anything that is done here [1:01:50] meets our quirky needs and values [1:01:53] we hope the council will stand with us [1:01:55] and push back against this development [1:01:57] i'm heartened that sugar creek township [1:01:59] leaders felt empowered by their [1:02:02] community's visioning documents and [1:02:03] comprehensive land use plan and [1:02:05] emboldened by the support of their [1:02:07] residents to stand up to ober and fight [1:02:09] for a development that adheres to their [1:02:11] values it's a fight that continues [1:02:14] i urge council to stand up for us [1:02:17] this does not adhere to our values and [1:02:20] if you will not listen to us i will be [1:02:21] fully supporting the referendum to [1:02:23] overturn this terrible decision for our [1:02:25] community [1:02:26] more retirees and less jobs will not [1:02:28] sustain our community past the next [1:02:30] decade as jobs leave so will young [1:02:33] people eventually so will our schools [1:02:36] i don't want to see yellow springs die [1:02:38] with my parents generation [1:02:40] i'm sorry that our council lacks the [1:02:42] vision to see the significant and [1:02:44] damaging effects passing the pud would [1:02:46] have but i stand ready to overturn their [1:02:48] decision with my fellow community [1:02:50] members because i will fight to keep [1:02:52] yellow springs weird and vibrant full [1:02:54] stop [1:02:55] let's go [1:02:56] [Applause] [1:02:58] okay thank you patrick [1:03:03] next we've got um [1:03:05] matt rasca [1:03:15] i would like to pass sorry [1:03:17] okay [1:03:18] all right um [1:03:23] see okay so i don't see any hands up all [1:03:25] right so what [1:03:27] i am going to oh no here's i see dino [1:03:30] and then matthew [1:03:33] patricia brown [1:03:35] that as well all right so let's let's [1:03:37] put on dino and then we'll get to pat [1:03:40] next [1:03:51] okay dino you should be able to mic on [1:04:02] okay there you go thank you [1:04:05] members of council [1:04:07] if you're going to attempt to pass [1:04:09] this beauty then for the good of the [1:04:11] village and the safety of the village [1:04:13] add the phase to study as a modification [1:04:16] with respect to the dump in the former [1:04:18] ysi plume [1:04:21] council person krieger [1:04:23] we've all read your emails saying that [1:04:25] you are fearful that oberor will pull [1:04:26] the pud if you put a [1:04:29] modification on it [1:04:31] let me be first to say ober is a big [1:04:34] company and they can make their own [1:04:36] decisions you don't need to make that [1:04:37] for them [1:04:39] ober does this for a living and a phase [1:04:41] two study is nothing new to them [1:04:44] in the same token we need our council to [1:04:47] make decisions in our best interest [1:04:50] however from your email you're voting [1:04:52] from a position of fear [1:04:54] for almost the entire last two years you [1:04:57] have not held in person council meetings [1:04:59] due to covet you did for a moment and [1:05:01] then you went back to zoom [1:05:03] and you've you've uh demanded that [1:05:05] central businesses be matched up you [1:05:08] stated it was for the safety of you and [1:05:10] the villagers [1:05:11] however [1:05:12] when it comes to the uber project you're [1:05:14] looking the other way by not placing a [1:05:16] phase two study on the pud [1:05:19] you're disregarding the safety of the [1:05:20] village and its people the consistency [1:05:23] here is your inconsistency [1:05:26] operating and voting from a position of [1:05:28] fear is not good leadership rather let's [1:05:32] vote from a position of strength and put [1:05:34] our safety first by adding the phase two [1:05:36] modification [1:05:38] do the right thing for the safety of our [1:05:39] village please [1:05:40] thank you [1:05:42] okay thank you dino [1:05:44] um all right pat [1:05:48] brown no [1:05:51] hey we can hear you [1:05:54] i wanted to say a couple things one is [1:05:57] we desperately [1:05:59] need [1:06:00] housing in yellow springs [1:06:03] there are very very few lots available [1:06:06] our school system will be in trouble in [1:06:09] a few years if we do not have more [1:06:11] housing we have if we have more people [1:06:14] students coming from outside than inside [1:06:17] we will be in trouble we need housing [1:06:20] this plan with the pud [1:06:22] provides [1:06:24] both single-family homes which probably [1:06:26] will have children in them maybe seniors [1:06:29] too [1:06:30] it also provides uh the townhouses where [1:06:33] people can buy two of them and rent one [1:06:36] out if they want i know a couple people [1:06:38] would love to do that [1:06:40] uh it provides especially [1:06:42] more affordable housing which we need [1:06:45] the pued is the best plan we get and i [1:06:48] thank the village for working so hard [1:06:51] with ober to come up with a plan that is [1:06:55] going to provide us housing it's not a [1:06:57] perfect plan but what option do we have [1:06:59] a or pud [1:07:02] i say do pud we need it it's not going [1:07:05] to hurt us i live in a pud now we have [1:07:08] very expensive houses we have home ink [1:07:11] houses we have medium houses we all get [1:07:13] along and we all love each other you [1:07:15] don't have to have us segregated [1:07:18] a community that has all of this stuff [1:07:22] is much better than one that has only [1:07:24] one little part of it [1:07:26] vote for the pud please [1:07:28] okay thank you pat [1:07:30] um all right so i wanna take a minute to [1:07:34] uh clarify one thing um and just make it [1:07:38] super clear and i appreciate that lisa [1:07:40] abel brought it up the yellow springs [1:07:42] development corporation [1:07:44] has nothing to do with this project [1:07:48] that being brought up is [1:07:51] completely misinformed and so i want to [1:07:53] be really clear that [1:07:55] bringing other groups into this is not [1:07:57] appropriate and [1:08:00] second thing i'm going to say is that [1:08:02] since i was specifically called out [1:08:05] um [1:08:06] i have never said that anyone is [1:08:08] intentionally misinforming but as an [1:08:11] elected official [1:08:12] who represents this village [1:08:15] when there is information that is not [1:08:17] correct i need to call that out and um [1:08:21] that i think is is [1:08:22] my role it's council's role and i will [1:08:25] continue to do that but that should not [1:08:27] be conflated into suggesting that i'm [1:08:30] accusing anyone of doing anything [1:08:32] purposefully [1:08:33] um [1:08:34] but we can only make good decisions if [1:08:36] we have accurate information [1:08:39] all right so here's what i'm going to do [1:08:40] um i am going to give matthew kirk one [1:08:43] more minute [1:08:44] exactly i'm going to give johnny dredd [1:08:46] one more minute and then we'll figure [1:08:48] out [1:08:49] um who else is talking at the watch [1:08:52] party [1:08:53] um and then we'll start to uh [1:08:56] move towards um the decision making [1:08:59] okay so matthew kirk got one minute [1:09:08] all right we got matthew [1:09:10] we giving him the ability to mic on [1:09:17] there we go matthew go [1:09:18] ahead yeah so i want to talk about how [1:09:22] going with the aria development would [1:09:24] actually affect uh affordability in the [1:09:26] village the reality is right now there's [1:09:28] so much scarcity in the housing market [1:09:31] that every house in 150 to 250 000 price [1:09:34] range is basically getting scooped up by [1:09:37] somebody who's an all-cash buyer can [1:09:39] come in do significant improvements to [1:09:41] the house either flip it or make it into [1:09:43] their forever home [1:09:44] right [1:09:45] by making this all single family homes [1:09:47] now we're giving a new [1:09:49] brand new product those same people that [1:09:51] have the funds to come into the village [1:09:54] so hopefully this will free up [1:09:56] more of those houses in the 150 to 250 [1:09:59] 000 price range for people who want to [1:10:02] buy them because let's be honest there's [1:10:04] a lot of houses in yellow springs that [1:10:06] sell for a lot more than they would in [1:10:08] other communities so if we have more of [1:10:10] a modern housing stock [1:10:12] that is going to attract people who want [1:10:15] nobody wants to go through like a six [1:10:17] month to one year renovation that's not [1:10:20] like an awesome thing when you're like [1:10:21] looking to move somewhere [1:10:23] you know so i think that we're [1:10:26] underselling how much the ra development [1:10:28] actually contributes to affordability [1:10:30] thank you [1:10:32] okay thanks matthew thanks matthew [1:10:35] all right [1:10:36] johnny [1:10:37] respectfully i appreciate you guys for [1:10:39] giving me the time i just want to say [1:10:41] that uh i'm of the opinion the red pill [1:10:44] the blue pill we're offered are both not [1:10:45] great options i do feel like we've got [1:10:48] enough intelligence among the council [1:10:51] uh that that that built this plan and [1:10:53] you guys said it yourself during covid [1:10:55] you know behind closed doors without us [1:10:57] knowing i think we have enough uh uh [1:10:59] intelligence among us and among the [1:11:01] villagers that if you guys just listen [1:11:04] to what people are saying there's a lot [1:11:05] of opposition but there's not opposition [1:11:07] against the pud it's against the way [1:11:09] that it's being presented i think we can [1:11:11] do better we all know that we can do [1:11:13] better there's so much intelligence in [1:11:15] this community we can come up with a [1:11:16] better plan or something that's better [1:11:18] for all of us and and this is gonna this [1:11:20] this decision that you make tonight is [1:11:23] gonna last long beyond your council [1:11:26] seats [1:11:27] it's going to last long beyond how long [1:11:29] you guys are sitting on council it's [1:11:30] going to last generally for my kids and [1:11:33] this is something that if we can [1:11:35] champion as a village if we can all come [1:11:36] together and come up with a plan that we [1:11:39] can that we can champion as a village we [1:11:41] can all benefit from this and we can [1:11:43] make it a the best village for everybody [1:11:45] and it's and it's a place that that [1:11:47] artists and musicians and single dads [1:11:50] can afford and i don't care if it takes [1:11:51] five years to make that plan and if [1:11:53] oberer has to pay property taxes on that [1:11:55] plot of land for five years we need a [1:11:58] win here we need a win for everybody we [1:12:00] know it's not perfect right now [1:12:02] we also know we can all do better and [1:12:04] that's what we're voting on tonight [1:12:06] thank you guys so much for your time i [1:12:07] appreciate it [1:12:09] okay [1:12:10] um um [1:12:12] yes ryan i i i'm assuming that you are [1:12:14] aware of it i'm getting some emails and [1:12:16] and texts from folks at the ballroom [1:12:19] realizing that they're having some some [1:12:21] trouble so you may want to just chunk [1:12:23] down that list in one go i i believe [1:12:26] those folks do still want to speak yeah [1:12:28] that is the plan so uh we're you're [1:12:32] reading my mind okay so uh let's go [1:12:34] ahead and have the uh mills park [1:12:37] ballroom [1:12:39] mike on [1:12:44] okay yeah [1:12:46] get back to stop really okay can you can [1:12:48] you hear me i can [1:12:51] hi brian [1:12:52] kendrickillini 20-year resident of [1:12:54] yellow springs [1:12:56] ecologist [1:12:57] scientist [1:12:59] this [1:13:00] our village ordinance demands that we [1:13:02] have a better pud [1:13:03] one of the [1:13:04] uh requirements of the pud and in fact [1:13:06] what ober applied for was that it [1:13:08] preserves [1:13:09] significant environmental resources [1:13:12] marianne mcqueen said herself it doesn't [1:13:13] preserve [1:13:14] um [1:13:15] significant resources there's nine acres [1:13:18] of land they're going to clear in fact [1:13:20] they're almost going out of their way to [1:13:22] destroy what's there this is mostly [1:13:24] agricultural land yet they're finding [1:13:26] nine acres to cut down [1:13:28] it's like the one slurs coming in to try [1:13:30] to take over what make the lorax mad [1:13:33] um there's a 300 year old tree there [1:13:36] that is just right in the middle of the [1:13:37] housing area they obviously didn't look [1:13:39] at the site very much [1:13:41] um there's obviously information about a [1:13:43] dump it's not including the phase one [1:13:45] plan and the phase one environmental [1:13:46] plan clearly says we don't have all the [1:13:48] information if we get more information [1:13:50] we have to go back and do this again [1:13:52] and that dump information was not in [1:13:54] there they only asked over and stewing [1:13:57] hey are there any environmental hazards [1:13:58] and they were like nope we don't think [1:13:59] so [1:14:00] but now that we know we know that there [1:14:02] are some we have to go back and do a [1:14:04] phase two we know there were ysi [1:14:06] chemicals in the surface water there [1:14:08] that's in the report low levels but they [1:14:10] were still there so i urge you to go [1:14:12] back and come up with a better plan and [1:14:14] in fact i argue that the village [1:14:15] ordinance demands us to do a better plan [1:14:18] than what's there particularly in [1:14:20] regards to them needing to meet [1:14:22] uh preservation of significant natural [1:14:24] features which they're really not doing [1:14:26] at all thank you all right thank you [1:14:28] kendra [1:14:33] hi uh joanna schulzherman [1:14:35] um building on what kendra was saying [1:14:38] that you keep saying that there's these [1:14:40] two options when [1:14:42] the pd as currently presented is a [1:14:45] direct violation of what is stated in [1:14:48] yellow springs code of ordinances [1:14:49] chapter 1254 for planned unit [1:14:52] development [1:14:53] explicit violations of preservation of [1:14:56] significant natural features extensive [1:14:58] open space and recreational amenities [1:15:00] connectivity of open space with new or [1:15:02] existing adjacent freeway or trail [1:15:03] corridors preservation of small town [1:15:06] appeal improvements to public streets or [1:15:08] other public facilities that mitigate [1:15:10] traffic and or other development impacts [1:15:13] rezoning the area to pud will not result [1:15:15] in a significant adverse effect upon [1:15:18] nearby nearby or adjacent village lands [1:15:21] and i think the most important part [1:15:23] is that the proposed uses and design of [1:15:25] the pd shall be substantially consistent [1:15:28] with the village's adopted comprehensive [1:15:30] plan and the principles for land [1:15:32] stewardship contained in the vision [1:15:34] yellow springs in miami township so i [1:15:37] implore the village council [1:15:40] to build upon the work of whoever works [1:15:44] on this comprehensive land use plan and [1:15:47] this vision for the village so that it's [1:15:49] not in vain do you know how much time [1:15:51] you've been spending on the over thing [1:15:53] think about [1:15:54] uh previous incarnations of village [1:15:56] council members who worked night and day [1:15:59] for months years citizens involved to [1:16:02] get these on paper so we wouldn't be in [1:16:05] this situation and as a taxpaying [1:16:06] citizen i need you to stick to this [1:16:10] vision that's all i gotta say [1:16:13] okay thank you [1:16:15] um do we have anyone else [1:16:17] from mills park [1:16:23] i just can't really see you guys very [1:16:25] clearly so [1:16:27] because yeah thank you for your small [1:16:29] piece [1:16:32] so i'm kelly carr [1:16:34] um one thing that's consistently struck [1:16:36] me is that we seem to be voting yes out [1:16:39] of fear uh council seems to be uh have a [1:16:42] few people that are voting yes out of [1:16:43] here for this pud and a fear of what [1:16:45] will be lost which is donated land or a [1:16:48] place for children to play you know both [1:16:50] good things but thinking that if we make [1:16:52] a deal with the proverbial devil that we [1:16:54] will win [1:16:55] that's a metaphor that's not a personal [1:16:57] insult so by accepting the pittance that [1:17:00] oberer is offering us we're denying [1:17:02] ourselves the bounty that our village [1:17:04] actually deserves and a large group has [1:17:07] gathered here today i i guess you can't [1:17:09] see it but it's quite a few people [1:17:11] and [1:17:12] this group doesn't feel the council is [1:17:14] working for us or even listening to us [1:17:17] so i'd like to address some accusations [1:17:19] of harassment that were given today your [1:17:22] citizens are using their protected legal [1:17:24] options to attempt to get their counsel [1:17:26] to work with them [1:17:30] thank you there is a growing movement [1:17:32] that has passion and has a vision [1:17:35] and you seem to refuse to acknowledge [1:17:36] that [1:17:38] no one wants this development that's the [1:17:41] thing no one actually wants over to [1:17:42] develop this land no one does [1:17:45] you can at least demand a strict pud [1:17:47] with a thousand modifications to force a [1:17:49] developer let's be clear just wants the [1:17:52] money [1:17:53] to work within our village vision [1:17:56] you can insist on actually [1:17:59] getting for your citizens from the [1:18:01] developer what they want [1:18:04] you're not doing that there's not just [1:18:06] two options you actually have an entire [1:18:09] plethora of options that you just really [1:18:12] have blinders on and can see but we can [1:18:14] and we want you to vote now on the [1:18:16] beauty that's right [1:18:18] okay thank you kelly [1:18:23] hi there my name is jill eggleton [1:18:26] and um i want to bring to task first [1:18:29] mary and mcqueen [1:18:30] um [1:18:31] it looks like [1:18:33] you opened your comments comparing us to [1:18:35] trumpers [1:18:37] you said that [1:18:39] about 30ish percent of the country voted [1:18:42] for trump and that's about the same [1:18:44] number that is opposing [1:18:47] the pud [1:18:48] so i i kind of think that's really i'm [1:18:50] not sure where your statistical analysis [1:18:53] was in that um but the true it seems [1:18:56] that the true trumper is over [1:18:58] um [1:18:59] so i think that that's an elephant in [1:19:01] the room so i think number two [1:19:04] um is i've never met dave chappelle i [1:19:06] also don't have his number [1:19:08] um [1:19:10] however [1:19:16] since you're here i'm going to speak to [1:19:17] you i'm one of those people that i saw [1:19:21] chappelle on tv [1:19:23] oh my god and he said hey i live in a [1:19:26] place called yellow springs and it's [1:19:28] actually the bernie sanders island in [1:19:30] the middle of the trump sea [1:19:31] my partner and i looked at each other [1:19:33] and said let's go [1:19:38] and i'm here [1:19:40] and my partner who was unable to make it [1:19:42] said if chappelle is is making this a [1:19:46] bernie sanders island that sounds pretty [1:19:48] cool because of the state of our country [1:19:51] so i'm here to say [1:19:52] yes uber does own the land but we can do [1:19:55] better [1:19:56] period [1:19:58] there are many options obviously [1:19:59] everyone keeps saying it so anyway i'm [1:20:01] here to support the wonderful diverse [1:20:04] cultural [1:20:05] inclusive loving place that i've only [1:20:08] known for a few months [1:20:10] but i know about it because in days [1:20:12] that's dope [1:20:13] and i also don't know [1:20:15] why [1:20:16] i've never met bob baldwin either but [1:20:18] apparently he owns a lot of land [1:20:21] and a lot of babies [1:20:23] in the town [1:20:24] so like what's the deal with that why [1:20:26] hasn't he being called out so [1:20:28] oh no [1:20:34] counselors can you hear me [1:20:36] yes [1:20:38] um i want to address marianne mcqueen [1:20:40] first your characterization of us as [1:20:42] confused using trump tactics for saying [1:20:44] your engaged citizens are harassing you [1:20:46] as our elected officials as offensive [1:20:48] and the opposite of transparency [1:20:50] [Music] [1:20:51] second truth i want to tell there is not [1:20:53] a single affordable element in this aria [1:20:56] development or the pud according to our [1:20:58] own standards [1:21:00] josue himself admitted this [1:21:03] during meetings [1:21:04] it is disingenuous and insulting to [1:21:06] those of us who actually need affordable [1:21:08] housing [1:21:09] to call it affordable housing [1:21:12] while we're watching you do the opposite [1:21:15] this does not meet our needs in our [1:21:17] housing needs assessment what we need is [1:21:19] rental properties and entry-level [1:21:21] housing [1:21:22] it says it in the study that you keep [1:21:24] referencing but i don't think you read [1:21:25] the whole thing [1:21:28] you mentioned this is being segregated [1:21:30] we don't want this to be segregated the [1:21:32] pud is segregated by income you can see [1:21:34] it just look at them [1:21:36] number three [1:21:38] this does not meet our code or a [1:21:39] comprehensive land use plan that you [1:21:41] keep referencing that's in place to [1:21:43] protect us from people like oberer [1:21:45] please we are asking you [1:21:48] we are empowering you we are [1:21:50] begging you to use our own document to [1:21:53] protect us from predatory development [1:21:56] [Applause] [1:21:59] okay so uh [1:22:01] here's the deal [1:22:03] no i'm still talking about it okay but [1:22:05] we're not gonna have uh we're not gonna [1:22:07] have the applause or we're gonna have to [1:22:10] cut this off so [1:22:11] speak [1:22:12] let the next person speak but you can't [1:22:15] keep on having it [1:22:18] number four [1:22:19] it's better than nothing is not an [1:22:21] acceptable standard for our village [1:22:24] this is our lives it's our businesses [1:22:26] it's our history it's our future [1:22:29] it's our lives it's our history it's our [1:22:31] investment it's our future [1:22:33] it's not not as bad as it could be isn't [1:22:35] a good enough standard [1:22:37] number five this doesn't meet our needs [1:22:40] we address that [1:22:41] number six there's good development and [1:22:43] there's predatory development we're not [1:22:45] against all development we're against [1:22:46] fists though [1:22:48] two minutes and i need your name please [1:22:50] it's lindsey burke [1:22:52] okay so once again [1:23:06] okay so i [1:23:07] think that uh [1:23:08] gotta work out um just like we would not [1:23:11] be having an applause if we were in [1:23:13] person [1:23:14] we would not have people [1:23:16] shouting in the audience um we're gonna [1:23:18] have decorum in this setting as well [1:23:21] so [1:23:22] i'll come back if there's some other [1:23:23] speakers but [1:23:25] you know if we can't have that decorum [1:23:27] then um [1:23:29] we're gonna have to wrap that part up [1:23:31] all right don johnson is next [1:23:34] go for it i'll be out of here have a [1:23:36] good one [1:23:40] don i can hear me hi [1:23:43] i'm dawn johnson i'm a [1:23:46] 25 year resident at least [1:23:49] i'm a city planner [1:23:50] and um i just want to let some folks [1:23:53] know [1:23:55] that [1:23:56] i hear you i understand you feel like [1:23:59] you weren't part of the process [1:24:01] many of us have been part of the process [1:24:03] for the visioning of the of the [1:24:05] comprehensive plan many of us were [1:24:07] sitting you know in the um [1:24:11] in the stakeholders meetings when we put [1:24:13] together the zoning codes um [1:24:18] so i understand what you're saying you [1:24:20] don't feel like you were part of this [1:24:22] process for this private residential [1:24:24] development when i say private it's [1:24:26] private property it's not public [1:24:28] property it's not like it's not like the [1:24:30] uh [1:24:32] for instance the cbe when it got handed [1:24:34] off to the village that was a little [1:24:36] different story that was [1:24:37] that became public land so we had a [1:24:39] different discussion with that but this [1:24:41] is private property so it goes through a [1:24:43] different process it still gets [1:24:46] the process of going through reviews [1:24:49] under pud [1:24:51] however what i need you to understand [1:24:52] this is important please listen to me [1:24:55] ballroom people because if it goes [1:24:57] straight subdivision [1:24:59] you have no say at all zero subdivision [1:25:03] review is an administrative process [1:25:05] completely it just goes through the [1:25:07] review process it gets stamped as long [1:25:10] as it checks all the boxes and then you [1:25:12] get whatever residence a they want to [1:25:15] develop so [1:25:17] understand that at least with the pud we [1:25:20] get some [1:25:21] some of what we've asked for in the [1:25:23] comprehensive plan it doesn't it doesn't [1:25:27] give us everything because it's not our [1:25:29] plan it's not our development we don't [1:25:32] own that land and i know that's really [1:25:34] hard for you to get your hands around [1:25:36] because [1:25:37] we've all played on that land my boys [1:25:39] played captured the flag on that on that [1:25:42] lot for you know for 10 years um and i [1:25:45] understand what max is saying i mean he [1:25:47] was on the other side of the creek [1:25:49] thank you judy i appreciate it but [1:25:51] please understand [1:25:53] we get a lot more with pud thank you [1:25:56] thanks don [1:25:59] okay so judy are there still people that [1:26:01] want to speak at the in the ballroom [1:26:04] there are and i have a promise that they [1:26:06] will not clap so yes okay and also [1:26:10] no shouting cheering um [1:26:13] again you know this [1:26:15] this isn't a watch party this is a [1:26:18] formal [1:26:19] council meeting [1:26:20] okay [1:26:28] are they able to mic on [1:26:33] hi this is brittany baum i am here today [1:26:36] to urge you to vote no on the pud [1:26:39] i still have a hard time figuring out [1:26:41] how this even meets the minimum [1:26:43] requirements for the pud i think the pud [1:26:46] should be truly exceptional if we're [1:26:48] choosing to bend the rules to meet these [1:26:50] requirements and i think this is [1:26:51] anything but we wouldn't all be here if [1:26:54] this was exceptional [1:26:56] i think this definitely sets a precedent [1:26:58] and we shouldn't be making decisions [1:27:00] based off of the least bad of two [1:27:02] choices [1:27:03] we should not be making strategic [1:27:04] decisions that will have long-term [1:27:06] consequences using this rationale [1:27:09] we developed a comprehensive plan to you [1:27:12] be used as a guide to help make [1:27:13] important decisions like these easier [1:27:19] we need to update our antiquated zoning [1:27:22] codes to reflect our current vision and [1:27:24] our comprehensive plan [1:27:26] sustainability is mentioned time and [1:27:28] time again referring to the ability to [1:27:30] support the needs of the present without [1:27:32] compromising future generations in the [1:27:34] areas of economic environmental and [1:27:36] human sustainability in the [1:27:38] comprehensive plan i argue that this [1:27:40] proposed pud does not meet any of our [1:27:42] strategic goals outlined in the comp [1:27:44] plan without mitigating the risk of [1:27:46] potential long-term harmful effects i [1:27:48] understand we are in a very challenging [1:27:50] time in this community and there is [1:27:51] certainly a housing shortage and [1:27:53] approving the pud might seem like it's [1:27:55] helping some of these problems in the [1:27:57] short term but i would argue that we'd [1:27:59] be doing larger damage in the long term [1:28:01] just like johnny dredd when i moved here [1:28:04] i went here six years ago and i could [1:28:05] have moved anywhere i moved three times [1:28:08] in three different states in a matter of [1:28:10] a year what brought me to yellow springs [1:28:12] was the magic and the culture of this [1:28:14] town i fell in love with this community [1:28:16] and i jumped in wholeheartedly i started [1:28:18] porch fest i'm a chamber member i'm [1:28:21] trying to save the chamber i open a [1:28:23] business in town i employ people here in [1:28:25] town [1:28:26] and what i have to say is if we become [1:28:29] more and more like the neighboring [1:28:31] communities what's going to keep me here [1:28:34] i voted for the levy i don't have kids [1:28:37] you know i care about this place what's [1:28:39] going to bring other people like me to [1:28:41] talent if we just become more and more [1:28:43] like fairborn and beaver creek [1:28:45] please do not approve this pud we can do [1:28:47] so much better together we just have to [1:28:49] work together and if we all knew about [1:28:51] this two years ago i feel like we'd have [1:28:52] a much better plan in place [1:29:08] one reason why this pud should be turned [1:29:10] down is the significant loss of tax [1:29:13] revenue to the village of approving it [1:29:17] not counting any real property taxes or [1:29:20] utility fees related to the affordable [1:29:22] units [1:29:23] over the next 10 years alone the tax [1:29:26] loss will be 213 [1:29:28] 630. that is extremely conservative and [1:29:32] it's based on the 40 million dollar [1:29:34] valuation that i saw in brian housha's [1:29:37] memo which i think is is what is way [1:29:40] below what the actual [1:29:42] value of [1:29:44] all single family development would be [1:29:46] i think the tax loss way outweighs what [1:29:49] the village is getting [1:29:51] it is not worth the 1.7 acres it's [1:29:55] a minuscule amount for what's happening [1:29:58] on that land [1:30:00] the schools will lose about half the [1:30:01] taxes [1:30:02] the village would be better off [1:30:04] rejecting this pud [1:30:06] single family residences [1:30:09] by eight eight eight out of ten people [1:30:12] under the age of 55 [1:30:14] want single family residences those are [1:30:18] families for the schools the the mix of [1:30:21] housing do not mistake diversity of [1:30:24] housing choices for diversity of people [1:30:27] i think we will get many more diverse [1:30:29] people with single families coming in [1:30:32] and bringing their kids and hopefully a [1:30:34] very diverse group of them the [1:30:36] development will not mitigate [1:30:38] gentrification [1:30:40] the price points are simply too high [1:30:45] at 250 000 which is probably the low end [1:30:49] a 20 [1:30:50] down mortgage [1:30:51] is a mortgage payment a down payment of [1:30:53] 50 000 [1:30:56] i mean that these are not starter homes [1:30:59] so what very little we're getting for [1:31:02] afford like some land for affordable [1:31:04] housing i think what the village should [1:31:07] do [1:31:08] is take that money put it in the bank go [1:31:10] buy some infill land somewhere else and [1:31:13] build and do a pocket neighborhood or [1:31:15] affordable [1:31:16] but don't lose that tax revenue for [1:31:19] forever [1:31:21] and that's what you're doing by by doing [1:31:23] this pud thank you very much [1:31:25] i appreciate your time and all the [1:31:27] effort [1:31:28] and i do ask you to reject this pewdie [1:31:31] thank you very much [1:31:32] thanks laura [1:31:38] hello my name is justin herman [1:31:42] i am a lifetime greene county resident [1:31:45] i left [1:31:46] after the first 26 years of living here [1:31:49] in beaver creek i should say [1:31:51] for one crucial shortage and that was [1:31:53] culture [1:31:54] i don't know about environmental stuff i [1:31:56] don't know about [1:31:58] you know the inner workings of something [1:32:00] like this but i do know that [1:32:03] oftentimes it comes down to just hard [1:32:06] hard lines like you know whether it's [1:32:08] law [1:32:09] whether it's [1:32:10] um [1:32:11] you know [1:32:12] financial [1:32:14] but that's not how all things work and [1:32:17] culture is one of those things [1:32:19] there is no [1:32:20] hard line that you can do sometimes you [1:32:23] can't just be afraid and abide by what [1:32:25] that line is you have to make [1:32:27] the right choice for what's right [1:32:30] and i can tell you right now that we are [1:32:31] on the precipice and yellow springs [1:32:34] of having cultural value you cannot [1:32:36] imagine i do not know how many of you [1:32:38] have been outside of yellow springs in [1:32:40] the last few years [1:32:42] to see [1:32:44] but i just moved back [1:32:46] from oakland california [1:32:48] which was once [1:32:51] just like what you know a beautiful [1:32:53] vision of what like this is but it [1:32:54] became gentrified and it became [1:32:56] overdeveloped and now it is not that way [1:32:59] and we're at the press of this right now [1:33:01] you you [1:33:02] i know you can't see it because you [1:33:03] haven't been outside but i'm telling you [1:33:05] while covered rage while fires burn [1:33:08] i watched my friends [1:33:10] come here from oakland [1:33:13] to be a part of this culture and come [1:33:15] back with stars in their eyes [1:33:18] i saw [1:33:19] people you know i'm lucky enough to i've [1:33:22] known some of the people that dave knows [1:33:23] i don't know dave [1:33:24] but [1:33:25] they come back [1:33:26] like oh my god why did you leave [1:33:30] but you are [1:33:32] the members of the council [1:33:34] are on the precipice throwing away [1:33:38] a once in a lifetime cultural [1:33:41] moment that could last this town [1:33:44] in this village forever [1:33:46] that's two minutes over [1:33:48] assuming [1:33:57] um i heard that there are two more [1:33:59] speakers um and then we're gonna wrap up [1:34:01] citizen comment so who is next [1:34:07] [Music] [1:34:09] we have more than two speakers um hello [1:34:11] my name is rob i'm a resident of yale [1:34:13] straits [1:34:14] um i would like to acknowledge mr oberer [1:34:17] and his firm for all their success [1:34:19] so much success that they no longer need [1:34:21] to innovate to keep making money [1:34:24] i would like to acknowledge over for [1:34:26] having a golden opportunity to develop a [1:34:28] neighborhood [1:34:29] they can showcase as a model development [1:34:32] for other communities [1:34:33] yet they choose not to do so [1:34:36] i would like to acknowledge oberor for [1:34:38] all of its due diligence be illegal [1:34:40] environmental geological traffic etc [1:34:44] yet are in a position of such fortune [1:34:46] and privilege they can disregard the [1:34:48] community input part of this development [1:34:51] congratulations to you sir [1:34:56] okay [1:34:57] who is our next [1:35:00] commenter [1:35:02] the next victim [1:35:04] nancy kelly just lived here in town for [1:35:06] two years but 35 years get up closely or [1:35:09] get close on things and get taller [1:35:12] so [1:35:13] thanks [1:35:14] i just thought um i put a letter in the [1:35:16] newspaper uh this week which sort of [1:35:19] expressed my thoughts was [1:35:21] why not just leave it independent [1:35:22] housing and move on from there to what [1:35:25] might be real affordable housing [1:35:27] um and i just thought i'd bring a [1:35:29] picture of what affordable housing looks [1:35:31] like [1:35:31] can you see this [1:35:33] here i'll hold it up [1:35:38] that's a house that i that i think could [1:35:40] be framed in for oh thirty thousand [1:35:42] dollars about [1:35:47] it is what's referred to of course as a [1:35:50] tiny house [1:35:52] and if it was produced at thirty [1:35:54] thousand whether the village created [1:35:55] these houses for the for the rustic and [1:35:58] characteristic books they'd like to have [1:36:01] or whether somebody independently does [1:36:03] the inside could be finished by someone [1:36:05] 30 000 is like buying a car [1:36:08] and if the village has land available [1:36:10] whether it's this pod if you do that or [1:36:13] other land which would be suitable or if [1:36:16] villagers would want to have a [1:36:20] tiny home on their property we could [1:36:22] quadruple our population i'm grateful [1:36:24] for laura putting in [1:36:26] facts and figures on what the tax [1:36:28] structure is because i think that's a [1:36:29] very big concern [1:36:31] but [1:36:32] i would be happy to be part of a team [1:36:35] to start putting together the affordable [1:36:37] housing [1:36:38] program that would bring these units [1:36:40] into the village and with the village [1:36:42] creating the [1:36:43] um legalese to put these in the [1:36:46] community it would probably be [1:36:48] international news because there's a [1:36:50] desperate need across this country for [1:36:53] meeting the problems that we're facing [1:36:55] right here in rural ohio [1:36:57] and i think that we can do ourselves a [1:36:59] lot of good by doing it right [1:37:01] um and making it available and making [1:37:04] this available for people for their [1:37:05] first home and to start a line of equity [1:37:08] and build to a point where they can and [1:37:10] that's two minutes if they want [1:37:13] but [1:37:16] okay i'm gonna [1:37:17] pause here because we've been at citizen [1:37:20] comment for uh over an hour um [1:37:24] i also feel like we're getting a little [1:37:26] bit off track on the pud and and we all [1:37:30] agree affordability is important so i [1:37:32] just want to check in with other council [1:37:33] members to see [1:37:35] um because judy told me there are seven [1:37:37] more speakers now um [1:37:40] so [1:37:41] lisa carmen marianne give me an idea of [1:37:43] what you want to do [1:37:45] i see that sarah has her hand up three [1:37:48] more speakers [1:37:49] okay is that right let's do it [1:37:53] yeah that works for me i mean honestly i [1:37:56] you know i i don't want to stop it i [1:37:58] just want to make sure that uh council [1:38:01] is getting what they need [1:38:03] okay [1:38:06] you're on [1:38:08] yes my name is sarah sinclair mens i [1:38:10] have a master's in public administration [1:38:13] and eight years of experience on a [1:38:15] planning zoning commission outside of [1:38:16] the village hill springs where i attend [1:38:18] multiple [1:38:19] regional planning and zoning trainings [1:38:24] we can do a better job with this pud [1:38:28] we do modifications tonight that are [1:38:30] backed by our comprehensive plan [1:38:32] we can require an environmental phase to [1:38:35] environmental study that actually offers [1:38:37] evidence and assures us [1:38:39] that we're safe and the people moving [1:38:41] into that development are safe instead [1:38:43] of trying to offer correlates [1:38:46] there's evidence we can get it tonight [1:38:49] and we can do a better job with our [1:38:51] local government with the transparency [1:38:53] of this process with listening and [1:38:55] implementing suggestions from your [1:38:56] constituents who put you in that office [1:39:00] and lastly we can do a better job [1:39:02] supporting our local businesses and our [1:39:05] local business owners we can respect [1:39:08] what they've given us we can trust them [1:39:10] with the future that we've put into that [1:39:13] comprehensive plan the community made [1:39:16] this comprehensive plan our local [1:39:18] business owners are trying to give us [1:39:19] what we asked for [1:39:21] it's not what o'bear is giving us and [1:39:23] it's not what you're letting happen [1:39:26] thank you [1:39:27] okay thanks sarah [1:39:31] hey catherine price i'm a resident of [1:39:33] yellow springs for 26 years [1:39:38] there's a lot of talking in the [1:39:39] background so we can't hear kathy [1:39:42] catherine price a resident of yellow [1:39:44] springs for 26 years [1:39:46] uh this pud i've written i've spoken a [1:39:48] lot about it already uh and i know you [1:39:51] didn't want repeats [1:39:53] um and you didn't want modifications to [1:39:55] be brought up because that supposedly [1:39:57] wasn't a choice where [1:39:59] the last meeting it was a choice [1:40:01] um i i believe that things do change a [1:40:04] lot so um i'd like to talk about the [1:40:07] modifications it's segregated [1:40:09] socioeconomically i do not like the look [1:40:11] of that and george ogre you were quoted [1:40:14] in a business journal [1:40:16] article from last [1:40:19] i didn't know if it was last august i [1:40:20] don't have it in front of me [1:40:22] but [1:40:23] you said you understood the sensibility [1:40:26] of yellow springs and we're going to try [1:40:27] to emulate that [1:40:29] and [1:40:30] the plan that you've developed does not [1:40:32] emulate that [1:40:35] i can't understand how you can say that [1:40:37] and then and in the same article it was [1:40:39] mentioned [1:40:40] the bowen study which [1:40:42] said we needed houses that started at [1:40:44] the price point of 150. [1:40:47] and [1:40:48] i just don't understand how that [1:40:50] information [1:40:51] was in this interview with you i really [1:40:54] it's [1:40:55] people in the business world [1:40:57] actually believe that i guess it's in [1:40:59] print um it's not happening here [1:41:02] the the three bedroom condos in your [1:41:04] brochure were listed at 389 starting at [1:41:08] 389 [1:41:09] and you didn't put the two-bedroom condo [1:41:12] price [1:41:12] but the three-bedroom homes it would be [1:41:15] residence a [1:41:17] start at 3 30 [1:41:19] according to your brochure so there's a [1:41:21] lot of numbers that are off and then [1:41:23] later in the council video you floated [1:41:25] numbers it's all verbal so it's like [1:41:27] well oh we could do 250 or maybe 150 and [1:41:31] you know no wonder we're confused and we [1:41:33] need time to have more information we [1:41:35] need to have interaction directly with [1:41:38] you george over because [1:41:39] if you had a relationship all of us here [1:41:42] and had coffee with us you might feel [1:41:44] differently [1:41:45] and we might make some sense out of this [1:41:48] and what i believe is that a referendum [1:41:50] would really show the will of the people [1:41:53] i mean it's terrible to put this on your [1:41:56] shoulders council members because it's a [1:41:58] lot of weighty decision [1:42:00] on this plan and you should have asked [1:42:02] for referendum counties do this they [1:42:04] asked in the from the get-go oh we don't [1:42:08] want to decide this as as council [1:42:10] members let's let's have a referendum [1:42:13] and that kind of singles that matters [1:42:18] thank you [1:42:29] can you hear me [1:42:30] yes [1:42:33] hi i'm dave spell [1:42:36] i just want to say [1:42:38] and marianne i can talk to you about [1:42:40] this privately um [1:42:43] i don't know why the village council [1:42:44] will be afraid of litigation from a 24 [1:42:46] million a year company while it it's out [1:42:49] the 65 million a year company [1:42:52] i cannot believe you would make me [1:42:53] audition [1:42:54] for you you look like clowns [1:42:57] i am not bluffing [1:42:59] i will take it all off the table [1:43:01] that's all thank you [1:43:04] okay [1:43:06] all right [1:43:07] so [1:43:08] um i'm gonna formally open the public [1:43:11] hearing [1:43:12] and um i want to do a little bit of fact [1:43:14] checking um [1:43:16] and then we're gonna have uh [1:43:19] denise free and a few other people uh uh [1:43:21] present and then council is going to [1:43:23] make a decision [1:43:24] um [1:43:25] so uh laura curless uh [1:43:28] did a commentary on the memo that i put [1:43:31] into the packet and she referred to that [1:43:33] earlier [1:43:34] um [1:43:35] she very factually has stated that the [1:43:38] village is going to lose 213 000 in tax [1:43:41] revenue and i want to comment on that [1:43:43] because [1:43:45] uh first of all uh and it was really odd [1:43:48] to me [1:43:49] that that was the one modification of my [1:43:52] table that laura made where she removed [1:43:54] the reference to the fact that the [1:43:56] valuation did not include the [1:43:58] 24 plus affordable units [1:44:01] um and then there was a variety of back [1:44:04] and forth today but i do want to [1:44:05] highlight that [1:44:06] not only is tax revenue not a criteria [1:44:09] for making our decision about the pud [1:44:12] but also [1:44:13] um [1:44:15] no one has a crystal ball about what's [1:44:16] going to happen with property values [1:44:18] which by the way are a small part of the [1:44:20] village's revenue [1:44:22] one of the things that we have to keep [1:44:23] in mind is that um when we have a [1:44:26] diversity of homes especially affordable [1:44:28] homes that means people who want to live [1:44:32] and work here can do so um uh when we [1:44:35] talk about things like going straight [1:44:37] single family homes and uh [1:44:40] someone referred to it as kind of the [1:44:41] stepford uh development [1:44:44] then i mean that likely means that we're [1:44:46] talking about a lot of people that will [1:44:48] not be working in town and will not be [1:44:51] supporting [1:44:52] all the services directly through their [1:44:54] income tax so [1:44:56] i think that [1:44:58] for [1:44:59] laura to speak so confidently about the [1:45:01] tax revenues she doesn't know no one [1:45:03] knows all right we've got some estimates [1:45:06] honestly it's probably going to come out [1:45:07] to be the same [1:45:09] um i also want to point out it wasn't [1:45:12] raised but in her memo [1:45:14] laura points out that um [1:45:17] she thinks that there's a four to one [1:45:19] uh [1:45:20] against the pud because of the number of [1:45:23] people that have spoken at our meetings [1:45:26] or written letters she knows well and i [1:45:28] know all other council members know [1:45:31] that um the folks that come to council [1:45:33] meetings the people that write um are [1:45:36] not necessarily representing the [1:45:38] majority and we've said before it's not [1:45:40] about quantity [1:45:42] in terms of how many people speak it's [1:45:44] about quality but i think today we did [1:45:46] see a balance of a variety of comments [1:45:49] um the last thing [1:45:51] uh [1:45:53] is this reference to the idea that we [1:45:56] can deny the pud and then we can change [1:45:59] the zoning in the interim [1:46:02] and get a better property i think [1:46:05] as a lawyer [1:46:06] uh hopefully there's an understanding [1:46:08] that that is not something that is [1:46:10] viable and would certainly open up the [1:46:12] village to [1:46:13] uh exposure so i i do not see that as a [1:46:16] viable option i can't imagine that that [1:46:19] is something that we would do [1:46:21] so with that um i'd like denise swinger [1:46:24] to talk a little bit about [1:46:26] what the planning commission looked at [1:46:28] with the [1:46:29] factors of what the pud brings [1:46:33] because there's been a focus on [1:46:35] three factors [1:46:37] they are not necessarily the three [1:46:38] factors that [1:46:40] the uh planning commission decided on [1:46:42] for those that read the minutes and [1:46:44] watch the meeting [1:46:46] what was concluded is that at least [1:46:49] three factors uh were met [1:46:53] denise talks about five and denise if [1:46:55] you'd like to just kind of briefly [1:46:57] highlight that and then we're going to [1:46:58] talk a little bit about some of the [1:47:00] other legal [1:47:01] uh issues [1:47:02] uh brian i don't actually have that [1:47:04] document in front of me right now but [1:47:06] the factors they had to meet at least [1:47:08] three benefits out of eight [1:47:11] as i recall um [1:47:13] one of those was a mix of housing types [1:47:16] which this has um one was connectivity [1:47:19] within the development and to other [1:47:21] surrounding properties [1:47:23] and let's see they also had [1:47:29] one [1:47:31] about the open space they they more than [1:47:34] met the open space requirement which was [1:47:36] only 15 [1:47:38] of open space um and they were at a [1:47:40] little bit less than [1:47:42] 23 percent [1:47:44] i think um [1:47:47] reiterating actually what don johnson [1:47:49] said [1:47:50] you know [1:47:52] we have these choices i i feel we have [1:47:54] three choices [1:47:56] we have [1:47:57] the pud [1:47:58] we have residential a [1:48:00] or [1:48:01] we as a community [1:48:03] makes an offer to ober [1:48:05] to buy buy it from them you know what [1:48:08] what that price would be i don't know [1:48:10] but i mean that's the only other option [1:48:12] i see are those three and i don't know [1:48:15] that the community has [1:48:18] approached over i have anybody within [1:48:21] the community has approached over [1:48:23] to [1:48:24] buy it from them [1:48:25] i have i don't have any information on [1:48:27] that um so we as staff only can deal [1:48:30] with the code that we would that we have [1:48:33] and we um [1:48:35] when we first met with ober what ober [1:48:37] proposed was [1:48:40] following the miami townships code for [1:48:43] the 30 acres that are in the township [1:48:45] they were going to do [1:48:47] large lots 10 000 square foot or more [1:48:50] and larger homes and then on the portion [1:48:52] that was in the village they were going [1:48:54] to do single family homes and they were [1:48:56] going to follow our our 7 500 square [1:48:59] foot requirement [1:49:01] and that was going to be it i mean they [1:49:02] really approached us with single family [1:49:04] a major subdivision [1:49:06] and and we as staff said what about the [1:49:10] pud because with the pud there's more [1:49:12] flexibility we could get some of some of [1:49:14] the other things that the community [1:49:16] values that is the affordable housing [1:49:18] component however that was going to turn [1:49:20] out we never promoted it as an [1:49:23] affordable housing project we knew it [1:49:24] wasn't going to be that [1:49:26] the connectivity [1:49:28] the constructed wetlands for the low [1:49:30] impact development [1:49:32] um the in the variety of housing types [1:49:34] so i mean that was what we had [1:49:37] through the pud that we could work with [1:49:41] and that's pretty much it [1:49:44] all right thanks denise [1:49:45] um [1:49:46] so i i wanted brianne to respond to uh [1:49:49] there was some other some other [1:49:51] documents that we got um that were a [1:49:53] little bit confusing [1:49:54] um but i think it relates to this idea [1:49:56] of making a decision out of fear and i [1:49:59] can definitely confirm that um [1:50:02] i'm not there at all uh i am focused on [1:50:07] our decision criteria which is around [1:50:09] the pud [1:50:11] and um [1:50:12] you know i think one of the things that [1:50:13] can often be intimidating is when [1:50:16] legal action is threatened especially [1:50:19] for folks that don't have a legal [1:50:20] background um [1:50:22] it can be intimidating [1:50:24] and um we received a memo [1:50:27] it was actually dated february 1st 2020 [1:50:30] but i assume that it wasn't done two [1:50:33] years ago from um i assumed it was a law [1:50:36] firm but i've been told that maybe it's [1:50:39] a group of consultants [1:50:41] about uh and from california [1:50:43] uh analyzing um our code and uh [1:50:49] throwing around the use of spot zoning [1:50:53] and also talking about [1:50:55] this idea of placing the homes away from [1:50:59] the core [1:51:00] of yellow springs [1:51:03] now i can accept that a california firm [1:51:06] or consultancy would not understand the [1:51:09] scale of yellow springs and so you know [1:51:11] this idea of there being a really strong [1:51:14] argument around the placement of homes a [1:51:18] couple hundred yards further away from [1:51:20] downtown [1:51:21] um [1:51:22] i don't see how there could really be a [1:51:24] a strong legal argument there and so i [1:51:26] was [1:51:27] kind of surprised that a dayton lawyer [1:51:29] um would support that argument as well [1:51:32] um but i guess i wanted [1:51:34] brienne to clarify this spot zoning [1:51:37] thing because um [1:51:40] it seems like a pretty uh strong [1:51:42] accusation [1:51:43] to be making in relation to the pud that [1:51:45] we're talking about tonight so brienne [1:51:47] if you can just kind of speak to [1:51:49] some of the [1:51:50] the legal [1:51:52] actions that have been brought up [1:51:54] sure brian [1:51:55] so for everyone who's got a law degree [1:51:58] or doesn't [1:51:59] and i'm including the california [1:52:01] consultant in that [1:52:03] i am sure that california consultant is [1:52:06] not familiar with the case of voice [1:52:07] versus village of ottawa hills which [1:52:09] basically says the property owner has an [1:52:11] expectation interest [1:52:13] in the current zoning [1:52:15] so [1:52:16] um this idea that [1:52:18] as brian said is floating around out [1:52:21] there that council can deny the pud [1:52:24] and then somehow get zoning changed from [1:52:26] ra without the consent of the property [1:52:28] owner [1:52:29] is not going to move forward the ohio [1:52:32] supreme court has ruled and put that to [1:52:34] bed in voice versus village of ottawa [1:52:36] hills that was back in 2014 [1:52:38] now as to the issue of spot zoning our [1:52:41] code is [1:52:43] succinct on the issue of spot zoning [1:52:46] it basically says it's singling out a [1:52:49] small [1:52:51] area or a lot for discriminatory or [1:52:54] different treatment from that according [1:52:55] surrounding land which is similar in [1:52:57] character [1:52:59] well this is not a lot this is not a [1:53:02] small area [1:53:04] but more importantly this is a [1:53:05] residential pud that's proposed [1:53:08] so it is not being recorded different [1:53:10] treatment because a pud application must [1:53:13] be submitted by the property owner it is [1:53:15] not something the village can force on a [1:53:17] developer the developer has negotiated [1:53:20] with us on this put [1:53:22] again [1:53:24] denise just [1:53:25] advised the village in fact proposed the [1:53:27] putt [1:53:28] because oberer was perfectly fine with [1:53:30] proposing an ra development per our code [1:53:34] every parcel that was annexed came in ra [1:53:37] that's been the code since 2013. so in [1:53:40] terms of what the council and the [1:53:42] planning commission had to consider [1:53:44] under the pug code under 125406 you've [1:53:47] got multiple factors to consider and it [1:53:49] says the reviewing body shall consider [1:53:52] all these things that applies equally to [1:53:55] council and the planning commission when [1:53:56] they're reviewing those [1:53:58] so [1:54:00] in terms of this [1:54:02] not available or achievable under [1:54:05] conventional zoning [1:54:07] that's up to council to decide in terms [1:54:09] of [1:54:10] spot zoning a pud is [1:54:13] not spot zoning again it's not a single [1:54:15] lot it's not a small area under our [1:54:18] definition of spot zoning a planned unit [1:54:21] development is not it [1:54:24] okay [1:54:25] thank you brianne um i also heard that [1:54:27] um [1:54:29] uh [1:54:30] our uh [1:54:32] chair of the planning commission asked [1:54:33] us to clarify an accusation about a [1:54:35] conflict of interest [1:54:37] sure [1:54:39] early in this process i identified [1:54:42] several planning commission and council [1:54:44] members who based on things they had [1:54:47] said communications [1:54:49] may have a conflict of interest [1:54:51] and [1:54:52] some of these were on the appearance of [1:54:54] impropriety alone as most people know [1:54:56] our chairman [1:54:58] of the planning and zoning commission [1:55:00] owns property across spillan from the [1:55:03] development we sought guidance from the [1:55:05] ohio ethics commission and initially i [1:55:08] had advised him based on appearance of [1:55:11] impropriety alone that he should [1:55:13] probably recuse because [1:55:15] back in the 60s when his property was an [1:55:18] extent to the village for some reason [1:55:21] the half of the road right-of-way [1:55:23] furniture was not [1:55:25] at least not on the green county maps so [1:55:27] that was an oversight from the way the [1:55:30] annexation procedures were done way back [1:55:32] when [1:55:34] in terms of [1:55:36] his name on the annexation petition [1:55:38] he didn't really have a choice [1:55:40] and then [1:55:41] advised that well that property is [1:55:44] actually encumbered with a deed [1:55:46] restriction [1:55:47] so ober's development in reviewing the [1:55:50] specific language of that deed [1:55:51] restriction [1:55:52] has almost negligible [1:55:55] if any [1:55:56] impact on that property value because of [1:55:58] that deed restriction language it cannot [1:56:01] be developed [1:56:02] ergo [1:56:04] i said [1:56:06] mr dodin you've got [1:56:09] what appears to be on his face to [1:56:10] conflict [1:56:12] but in actuality [1:56:15] is none [1:56:17] and [1:56:18] other people [1:56:21] also had questions so we submitted it to [1:56:23] the ohio ethics commission the ethics [1:56:26] commission [1:56:27] ruled on four individuals [1:56:29] some of whom did not disclose what was [1:56:32] being said [1:56:34] during the interim [1:56:36] and [1:56:39] we got the ethics commission opinion [1:56:41] back july 23rd i communicated that to [1:56:43] all council members all planning [1:56:44] commission members [1:56:47] and [1:56:48] from that point forward [1:56:51] once i give [1:56:52] a legal opinion or the ethics commission [1:56:54] gives an opinion [1:56:57] it's up to the planning commission [1:56:58] member or the council member to decide [1:57:01] whether or not they do agree with it and [1:57:04] should recuse [1:57:06] or whether they're going to carry [1:57:08] forward [1:57:10] in this case [1:57:11] mr dodin acknowledged that his [1:57:13] obligation in a quasi-judicial capacity [1:57:17] would have restricted his voting again [1:57:20] kind of his counsel is somewhat [1:57:21] obligated to based on the language of [1:57:23] the code [1:57:24] to considering those criteria in 125406 [1:57:29] other individuals on planning commission [1:57:31] advised that they could not that they [1:57:32] preferred to advocate [1:57:34] uh that they had personal opinions about [1:57:36] the project [1:57:39] therefore i advise them they should [1:57:42] not participate in the proceedings [1:57:43] whatsoever [1:57:47] ohio ethics law is pretty clear [1:57:49] when you have a conflict of interest [1:57:52] the guidance is to recuse completely [1:57:57] however the ethics commission opinion [1:57:58] also said look you're free to [1:58:00] participate as private citizen when [1:58:02] matters impact your personal property [1:58:05] and to date [1:58:07] that is what has happened to the extent [1:58:10] that others have [1:58:12] engaged in [1:58:13] discussion deliberation [1:58:16] they've not engaged in voting they have [1:58:18] for the most part made very clear that [1:58:20] they have recused from their public [1:58:23] roles [1:58:26] okay [1:58:26] thank you brienne [1:58:28] um [1:58:29] all right i think before we close the [1:58:30] public hearing um my understanding is [1:58:33] that um [1:58:35] either george oberer or greg smith um [1:58:39] wanted to uh announce something [1:58:42] related to [1:58:43] the project [1:58:58] am i on now brian you are george [1:59:01] thank you um [1:59:03] and since i know greg can hear this and [1:59:05] uh [1:59:06] our counsel mike mcnamee is on [1:59:09] the call also so [1:59:11] i want to make a couple of comments and [1:59:13] then [1:59:14] allow them to um to add to those if [1:59:17] that's okay [1:59:19] yep [1:59:19] first just a a little history and i i [1:59:22] don't really want to [1:59:24] turn this into a debate but [1:59:28] i guess i wanted the audience to know [1:59:30] that that i actually went [1:59:32] along with my brother to see mr [1:59:34] chappelle [1:59:35] a year ago last september [1:59:38] and met with he and max crome and showed [1:59:40] him our plans he showed him at the time [1:59:43] it was a single family plan it was an ra [1:59:45] plan [1:59:46] but [1:59:48] did so more as a good neighbor than [1:59:50] anything else um [1:59:52] didn't know what might develop of it i [1:59:54] was [1:59:56] acquainted to to mr chappelle from a [1:59:59] mutual friend [2:00:01] and uh [2:00:02] understood that he spoke to the previous [2:00:04] owner about possibly purchasing part of [2:00:06] the property but [2:00:07] and i don't want to put words into mr [2:00:09] chappelle's mouth but possibly he didn't [2:00:10] want to purchase all the property [2:00:13] only some of the property and and [2:00:15] that made the property less marketable [2:00:17] for the previous owner and i think the [2:00:20] previous owner made a good decision [2:00:21] because i would not have been interested [2:00:23] in the property had [2:00:26] 10 acres for an example been sold out of [2:00:28] the middle of it [2:00:31] but [2:00:34] i was not [2:00:36] made an offer to purchase the property [2:00:37] at the time [2:00:38] i didn't say i would or wouldn't sell it [2:00:40] but we were never really approached [2:00:42] about that [2:00:45] secondly i wanted to say that the real [2:00:47] estate taxes [2:00:49] in an r.a zoning [2:00:51] or a pud [2:00:52] should be [2:00:54] almost neutral [2:00:57] we can achieve the same density [2:01:00] on the current in existing ra zoning as [2:01:04] we are proposing in the pud [2:01:08] the property values [2:01:11] will vary in those but but [2:01:14] not materially i mean yeah you're going [2:01:16] to have more affordable houses in the [2:01:18] pud [2:01:20] so the total revenues might be slightly [2:01:23] less than they would [2:01:25] you know in a single family [2:01:27] uh [2:01:28] totally single-family development but [2:01:30] but they're not going to be materially [2:01:32] different [2:01:33] and secondly i wanted or third i wanted [2:01:35] to make the point that [2:01:37] if [2:01:38] real estate taxes and revenues were such [2:01:40] an issue [2:01:42] between the pud and the ra zoning why [2:01:44] why were they not an issue [2:01:47] when we discussed annexation [2:01:49] of the 30-plus acres that came from [2:01:52] miami township [2:01:54] into into the village [2:01:57] i i guess i would just like to remind [2:01:59] some of the council members that [2:02:01] that certainly wasn't an issue when we [2:02:03] discussed annexation [2:02:05] um [2:02:07] lastly uh well not lastly but next is is [2:02:11] the dump [2:02:12] is hearsay [2:02:14] and [2:02:15] nobody has offered any real evidence to [2:02:19] support this only other than a couple of [2:02:21] people claiming to have seen a barrel or [2:02:23] two [2:02:26] we've not seen any photographs [2:02:28] we've engaged a third party [2:02:31] and reputable environmental [2:02:32] investigative service [2:02:36] to to conduct a [2:02:38] phase one uh environmental study [2:02:41] now keep hearing references to a phase [2:02:44] two when there really isn't any such [2:02:45] thing as a phase two a phase one is [2:02:48] conducted to see if there's any evidence [2:02:51] of any [2:02:53] concern over contamination or pollution [2:02:55] or any [2:02:56] uh [2:02:58] foreign substances that should be [2:03:00] investigated further this report turned [2:03:03] up zero evidence that suggested that [2:03:05] there should be further investigation [2:03:07] and let me be clear that we provided [2:03:10] that to the village [2:03:12] on our own we weren't there was not a [2:03:14] requirement that was not there there's [2:03:16] no ordinance or regulation that requires [2:03:19] that we provide that but we do that [2:03:20] frankly for our own protection [2:03:23] because [2:03:24] we don't want to purchase land and buy [2:03:27] uh or develop land [2:03:29] that has an environmental problem i mean [2:03:32] i don't [2:03:33] i can't run a business and and and do [2:03:36] that [2:03:39] after that we can we hired a [2:03:42] geo-technical uh engineer that did a [2:03:44] subsurface investigation did soil [2:03:46] borings [2:03:48] that were [2:03:49] deep soil borings 20 foot [2:03:51] in some cases [2:03:54] and they were 20 foot where they could [2:03:55] be they they were stopped short of that [2:03:57] where they had bedrock [2:03:59] but [2:04:00] the uh [2:04:02] the the soil borings were done randomly [2:04:05] over the whole [2:04:06] 52-acre site [2:04:08] and then the soils were analyzed for [2:04:11] both their compatibility for development [2:04:14] but also [2:04:15] for contaminants [2:04:16] and none were found [2:04:19] so [2:04:22] i guess i want to [2:04:24] and i guess i also want to say as far as [2:04:26] the [2:04:29] hazard or soils issues or or contaminate [2:04:32] contamination issues [2:04:34] you know that's really a risk that i as [2:04:36] a developer take on [2:04:37] as we develop this site and we if we [2:04:40] encounter a contaminant [2:04:42] we're going to have to [2:04:44] notify epa and deal with it in the [2:04:46] prescribed manner [2:04:48] to decontaminate the site so i don't you [2:04:53] know i'm i'm saying that i've i know of [2:04:55] no evidence of contamination but if we [2:04:58] found contamination the village would be [2:05:00] better off because it would be our [2:05:01] responsibility to clean it up [2:05:04] lastly i want to mention that [2:05:07] your zoning or comprehensive plans do [2:05:10] not require any affordable housing [2:05:13] we typically go into a community [2:05:16] that has such a good school system and [2:05:18] and uh [2:05:21] a desires community like the village of [2:05:23] yellow springs we try to bring products [2:05:25] that we already build in other locations [2:05:28] i can't [2:05:30] redesign or build make new designs for [2:05:32] every single community [2:05:34] that we've developed [2:05:36] it just doesn't make sense for us so so [2:05:38] we do try to bring [2:05:40] products that are affordable affordable [2:05:44] is [2:05:44] i suppose a a broad term but [2:05:48] but in various different price ranges to [2:05:51] make them as affordable as we can [2:05:53] but also as desirable as we can i mean [2:05:56] we know from our marketing research we [2:05:58] know from building in other communities [2:06:01] what sells and what's affordable [2:06:03] to some of the population and what's not [2:06:06] in this case [2:06:07] the only reason that there's an [2:06:09] affordable piece of [2:06:11] this property being proposed is because [2:06:14] of negotiations with the village [2:06:18] certain council members in including uh [2:06:20] brian and [2:06:22] and uh and marianne and in josue and his [2:06:25] entire staff [2:06:27] that [2:06:28] communicated with us about some of the [2:06:30] needs that the village has [2:06:32] and we tried to meet some of those needs [2:06:34] by [2:06:35] donating [2:06:38] a site [2:06:39] by bringing a park to the community by [2:06:45] um [2:06:47] and even most recently [2:06:50] uh helping solve well from an [2:06:52] engineering standpoint we haven't done [2:06:53] it from a construction standpoint but [2:06:55] we'll help the village solve a [2:06:57] stormwater issue that exists to the [2:06:59] north of the site our site [2:07:01] so [2:07:02] i think lastly we can't solve all the [2:07:05] infrastructure problems that are not [2:07:06] connected [2:07:07] to our site [2:07:09] we we understand that there's perhaps a [2:07:12] safety issue on spilan road particularly [2:07:14] north of our site [2:07:16] but i did [2:07:17] tell josue this week [2:07:20] that this past week i'm sorry that that [2:07:22] we would contribute fifty thousand [2:07:24] dollars towards a community safety fund [2:07:27] so that the village could use maybe as [2:07:29] uh [2:07:30] grant leverage or matching funds for an [2:07:33] example [2:07:36] to make improvements to a piece of [2:07:38] property that doesn't even touch ours [2:07:39] right now we're already improving spa [2:07:42] land on our side of the road [2:07:44] but i'm talking about north north of our [2:07:46] property [2:07:47] so [2:07:49] thank you [2:07:50] brian for for allowing me to make those [2:07:52] comments and if you don't mind i'll ask [2:07:54] greg and [2:07:55] and mike if they have anything to add to [2:07:57] that [2:07:58] okay thank you [2:08:01] i don't think you hear me [2:08:02] yes [2:08:03] excellent hey i just want to thank [2:08:05] george for his comments thank everybody [2:08:07] who spoke this evening it's uh [2:08:10] been very um [2:08:12] nice to work at community so many people [2:08:13] are involved [2:08:14] um there any questions anybody [2:08:16] specifically has [2:08:18] mike and i are happy to answer them [2:08:19] otherwise i think we'll just [2:08:22] go from there but i think i'd like to [2:08:23] make ourselves available to especially [2:08:25] the council members particularly to [2:08:27] answer direct questions [2:08:29] okay thanks greg [2:08:31] um okay so i'm going to [2:08:34] close the public hearing and um then i [2:08:37] be believe brienne you have a next step [2:08:40] for us to go through [2:08:43] yes that's correct [2:08:45] so i need every council member that's [2:08:47] voting with the understanding that mr [2:08:50] stokes is uh [2:08:52] recused [2:08:54] to affirm that they have reviewed the [2:08:56] record in its entirety [2:08:58] this is an action for a preliminary plan [2:09:01] for planned unit development [2:09:03] so planning commission has made a [2:09:05] recommendation based on its meeting of [2:09:07] november 9th you have the minutes from [2:09:08] that meeting [2:09:10] the processes such the reviewing body [2:09:12] whether it's the planning commission or [2:09:14] council has two criteria [2:09:16] to consider under 1254.06 [2:09:20] so [2:09:21] i will start with council president [2:09:22] housh [2:09:23] have you [2:09:24] reviewed the record in its entirety [2:09:26] including the minutes from the planning [2:09:28] commission [2:09:29] the prior council meetings and all [2:09:31] citizen comments to date [2:09:33] uh yes i have [2:09:35] okay [2:09:37] councilmember mcqueen same question i [2:09:39] need you to a firmer attest that you [2:09:41] have reviewed the record in its entirety [2:09:43] including the planning commission [2:09:45] meeting minutes uh the application [2:09:48] uh the prayer council meetings and all [2:09:50] the citizen comments to date [2:09:52] yes three times in terms of the planning [2:09:55] commission november 9th [2:09:57] okay [2:09:58] same question of council member krieger [2:10:01] have you can you affirm or attest that [2:10:03] you have reviewed the record in its [2:10:05] entirety including the november 9th [2:10:07] planning commission meeting [2:10:09] minutes and [2:10:11] the [2:10:12] subsequent council meetings and the [2:10:14] citizen comments to date [2:10:17] yes i was present at the meeting and [2:10:19] have reviewed thank you [2:10:20] okay [2:10:21] and council member lee uh same question [2:10:24] can you affirm or attest that you have [2:10:26] reviewed the record in its entirety [2:10:28] including the november 9th planning [2:10:30] commission meeting minutes its [2:10:31] recommendation [2:10:32] the [2:10:34] subsequent council meetings and all the [2:10:36] citizen comments to date [2:10:38] yes [2:10:40] okay [2:10:41] so everyone has affirmed under [2:10:43] 125405 c5 as required you had to review [2:10:47] the record of the planning commission [2:10:48] proceedings the standards under [2:10:51] 1254.06 which we've touched on briefly [2:10:55] and you've got the recommendation of the [2:10:57] planning commission [2:10:58] so your act [2:11:00] would be to approve [2:11:02] deny or approve with modifications [2:11:06] the preliminary development plan and the [2:11:08] rezoning request so [2:11:11] i'm not going to get into modifications [2:11:13] at this juncture i will [2:11:16] prefer the council president lead that [2:11:18] discussion [2:11:19] but my question to you then would be [2:11:22] would you accept [2:11:24] um and and brian would call for the vote [2:11:27] but this is for discussion amongst [2:11:28] yourselves would you accept the findings [2:11:31] of the planning commission [2:11:33] in their entirety because if you do not [2:11:35] then you have to go back through all of [2:11:37] those findings [2:11:39] separately [2:11:40] okay so i think at this point i will [2:11:43] make a motion to approve the findings of [2:11:47] the planning commission [2:11:49] is there a second [2:11:52] i second it [2:11:54] okay [2:11:55] um any discussion [2:12:02] okay if not then uh judy could you call [2:12:04] the role please [2:12:07] yes mcqueen [2:12:11] brown [2:12:13] yes [2:12:15] krieger [2:12:17] yeah [2:12:18] house [2:12:19] yes [2:12:21] okay so i believe the next um part of [2:12:24] this process is to discuss uh any [2:12:28] modifications [2:12:29] or [2:12:30] any other issues before we take a vote [2:12:33] on [2:12:34] the pud [2:12:40] okay [2:12:40] so [2:12:41] i would like to discuss modifications [2:12:44] okay lisa [2:12:47] so you know i want you to know that i [2:12:49] hear the concerns of our community [2:12:51] voices [2:12:52] and i've intently considered the many [2:12:55] communications with a particular focus [2:12:58] on the environmental impact [2:13:00] the safety traffic impacts and most [2:13:02] recently [2:13:03] on a deep understanding of the financial [2:13:06] impact on the community [2:13:09] so yes affordable housing is important [2:13:12] as is overall in [2:13:15] economic growth to our community and i [2:13:18] ran on both of those platforms you know [2:13:20] both are important and i am considering [2:13:23] the economic integrity of our village [2:13:26] today into the and into the future i [2:13:28] appreciated mr dredd's comments that [2:13:32] these decisions will last long beyond my [2:13:34] time on council [2:13:37] i appreciate that there's some [2:13:39] allocation for affordable housing town [2:13:42] homes and duplexes yes and as i've heard [2:13:46] tonight the pud takes us in this [2:13:48] direction [2:13:49] however what we need [2:13:51] in affordable housing is apartments [2:13:54] and we can as a community get to those [2:13:57] goals [2:13:58] not on this property and the pud is not [2:14:02] sufficient to really hit those goals [2:14:05] and we've we've understood why because [2:14:07] of the cost and that sort of thing [2:14:10] so while i accept the findings of [2:14:14] planning commissions [2:14:15] i i don't agree that this pud fulfills [2:14:19] three elements of the requirements that [2:14:21] are important to me or perhaps i just [2:14:24] don't have sufficient information [2:14:26] and these are that it should be [2:14:28] consistent with a village vision [2:14:31] that it should integrate a complimentary [2:14:32] list of land types and that natural [2:14:35] features are preserved so tonight [2:14:38] i would ask that council table this vote [2:14:41] table [2:14:42] this vote [2:14:44] to explore three conditions [2:14:47] one [2:14:48] we do need housing stock yes [2:14:51] as a condition we should see an updated [2:14:54] site plan [2:14:55] that includes options of smaller homes [2:14:57] in the design mix these smaller houses [2:15:00] will meet the needs of our housing [2:15:01] analysis and add more affordable options [2:15:05] this is all about adding additional [2:15:07] levels of better priced housing [2:15:10] two [2:15:10] go back and look again at the [2:15:12] environmental analysis it might not be [2:15:14] what is called a phase two and i [2:15:16] understand that invoking a phase two [2:15:19] analysis is like a whole nother level of [2:15:21] hell [2:15:22] but there does seem to be additional [2:15:24] information that may have been [2:15:27] overlooked [2:15:28] and then third looking internally [2:15:31] to the village team [2:15:33] i want to thank the village team for [2:15:34] their work to date [2:15:36] and i still want to see [2:15:38] a better validated and [2:15:41] communicated cost-benefit analysis [2:15:45] of the pud versus no pud to the village [2:15:48] i agree this isn't a criteria for a pud [2:15:51] however looking inside to our team [2:15:54] it never hurts to have more scrutiny and [2:15:56] a more comprehensive understanding to [2:15:59] ensure that we have the best and most [2:16:01] accurate models josue has terrific [2:16:04] expertise so does our finance director [2:16:07] matt dillon and we may even have some [2:16:09] financial acumen to create a community [2:16:12] review [2:16:13] so again i thank the village team for [2:16:15] all their work [2:16:16] and i'm asking for more i call for a [2:16:18] rigorous and publicly visible analysis [2:16:21] of the cost and benefit to the village [2:16:23] as we go forward and if tabling isn't an [2:16:26] option [2:16:27] then i'm also ready to vote [2:16:30] thank you okay thanks lisa carmen did [2:16:33] you [2:16:34] have a comment [2:16:37] um [2:16:38] you know i think that [2:16:40] we need to move forward with a vote [2:16:44] um at this point it [2:16:46] is [2:16:47] uh important for [2:16:50] the village and for oberer [2:16:53] to [2:16:55] um move forward that's it [2:16:58] okay thanks carmen uh marianne did you [2:17:00] have anything you wanted to [2:17:02] say at this point [2:17:04] no [2:17:05] okay [2:17:05] um yeah i'm i guess i'm just gonna [2:17:08] reiterate that uh [2:17:10] i don't believe that [2:17:12] any level of [2:17:14] financial modeling is going to resolve [2:17:17] this issue of [2:17:18] what we're going to get in terms of [2:17:20] property and income tax um [2:17:22] and anybody that thinks they have that [2:17:24] crystal ball i i just don't believe it [2:17:27] and i've talked to a lot of people about [2:17:28] this [2:17:29] um [2:17:30] mostly i'm focused on the fact that um [2:17:34] we have two options [2:17:35] and [2:17:36] if we [2:17:37] decide not to go with the pud i think we [2:17:40] lose a lot i don't want to see [2:17:43] um 143 single-family homes only [2:17:48] and um i think denise did a very good [2:17:51] job of explaining not just meeting three [2:17:53] of the factors but meeting five of those [2:17:56] factors um [2:17:58] yes i agree that you know there's not [2:18:00] really a stream there but there are [2:18:02] other aspects of the forest and whatnot [2:18:05] what didn't come up in the videos and [2:18:08] other things was the fact that we have [2:18:11] 23.4 [2:18:13] open space [2:18:14] as opposed to you know the the minimum [2:18:17] 15 [2:18:18] um [2:18:19] but i do agree i think that a lot of [2:18:22] work's been done a lot a lot of analysis [2:18:24] has been done and so um [2:18:27] i also would like to see us [2:18:29] take a vote um [2:18:31] with that said [2:18:33] lisa i don't know if you want to make a [2:18:34] motion for a modification or [2:18:42] uh sure um i i make a motion for two [2:18:46] modifications [2:18:48] an updated site plan that includes [2:18:51] options of smaller houses in the design [2:18:53] mix [2:18:55] and [2:18:56] revisiting of the environmental analysis [2:19:00] okay [2:19:01] is there a second [2:19:06] okay i'm not hearing or seeing a second [2:19:09] um so i think the next step then is to [2:19:12] uh take our vote on uh the pud [2:19:16] and um [2:19:17] this will also be an opportunity for [2:19:19] each council member to articulate why [2:19:22] they're voting um and uh [2:19:25] judy i'll turn it to you to call the [2:19:27] role [2:19:30] all right [2:19:33] brown [2:19:35] yep [2:19:38] okay and did you want to say anything [2:19:40] about why it's a yes vote carmen or [2:19:44] oh yeah no i no [2:19:47] okay okay [2:19:51] krieger [2:19:53] no for the reasons [2:19:56] thank you mcqueen [2:19:59] i'm i'm voting yes and um [2:20:04] truly sorry that um [2:20:08] this has been um well what i i think of [2:20:11] as a huge misunderstanding by a lot of [2:20:14] in the community about what's possible [2:20:16] and what isn't possible on the other [2:20:18] hand i am very heartened to know [2:20:21] how much passion there is about the [2:20:24] community and about housing and i really [2:20:27] look forward to looking [2:20:29] to working with all of the people who [2:20:31] have this passion [2:20:33] on another project that we can actually [2:20:36] plan together [2:20:38] that [2:20:39] either on the glass farm property that [2:20:41] the village owns or coming together and [2:20:44] purchasing a property that can meet some [2:20:47] more of the community needs that we have [2:20:50] having been in the community for 50 [2:20:52] years [2:20:54] i've had a chance to [2:20:56] i know that life doesn't follow in a [2:20:59] straight line and there are all sorts of [2:21:01] things that can happen [2:21:03] and while this isn't necessarily [2:21:06] what i would design as a a project [2:21:09] i actually have a fair amount of hope [2:21:12] and can [2:21:14] see some positive outcomes [2:21:22] thank you [2:21:24] so i want to preface my vote by saying [2:21:26] that um [2:21:28] although some may feel that i haven't [2:21:31] listened um that is the one reason that [2:21:34] i believe i continue to be on council [2:21:38] is that i listen to all voices [2:21:40] i do my best to balance all interest in [2:21:43] the community [2:21:44] i think a lot about um [2:21:47] what is factual [2:21:49] what is opinion [2:21:51] um uh what motivations are and then try [2:21:55] to come up with the best decision [2:21:56] possible [2:21:57] i understand um that [2:22:00] you know like many have said that if i [2:22:03] own the property and and i had the [2:22:06] ability to design it that um i would do [2:22:08] differently like many would [2:22:10] um but i also understand that under our [2:22:13] existing zoning um [2:22:16] we have to make decisions in that regard [2:22:19] and [2:22:20] um i guess the last thing i want to say [2:22:23] with my vote is that i am committed to [2:22:26] um doing a deep dive on our zoning and [2:22:29] also looking at the opportunities for [2:22:32] affordable rentals and everything else [2:22:34] with some of the property that um [2:22:37] there's actually a piece of property [2:22:38] that's coming back to the village that [2:22:40] is going to be ideal [2:22:42] and so there are a lot of different just [2:22:44] different things that i'm thinking about [2:22:46] and this discussion has really brought [2:22:47] all that together [2:22:49] and i hope that [2:22:50] um [2:22:52] it doesn't have to remain divisive um [2:22:54] we've dealt with a lot of things in the [2:22:55] past that uh with levy and everything [2:22:58] that um i hope we can get beyond and [2:23:01] truly work together um [2:23:04] to [2:23:04] benefit everyone in the village and so [2:23:06] with that i am going to vote yes for the [2:23:08] pud [2:23:09] pardon [2:23:11] yes can you hear me yes [2:23:13] so it's no [2:23:15] i'm gonna post the pud and i [2:23:19] just wanted to make sure that we were [2:23:23] um [2:23:24] voting on that so the answer is no on [2:23:26] the pud [2:23:28] okay and did you want to explain your [2:23:30] did you want to explain your vote carmen [2:23:32] um well because it's [2:23:34] like as far as my constituents are [2:23:35] concerned [2:23:38] um [2:23:39] with the issue of affordable housing [2:23:41] it's not [2:23:42] and i understand that ober is not here [2:23:44] in town to [2:23:46] um [2:23:48] provide us with affordable housing [2:23:51] and [2:23:52] there are some issues that i have with [2:23:54] the comprehensive land use agreement [2:23:57] that don't jive with it [2:24:01] um [2:24:02] and [2:24:03] that [2:24:05] you know the workers in this village [2:24:07] people who want to live here [2:24:09] this is not affordable for them [2:24:16] okay [2:24:19] all right [2:24:23] judy or brienne do you need anything [2:24:25] else before we move on to the next uh [2:24:27] legislation i do not but i'll just [2:24:30] clarify since it might not be apparent [2:24:32] to some folks if that means that the uh [2:24:34] vote fails [2:24:36] okay [2:24:38] all right so next up we've got ordnance [2:24:40] 202203 [2:24:42] and judy we can read that in by title [2:24:44] only [2:24:47] oh there's more legislation sorry [2:24:51] see [2:24:52] repealing old chapter 288 arts and [2:24:54] culture commission of title viii boards [2:24:56] and commissions of part two [2:24:57] administration code of the codified [2:24:59] ordinances of the village of yellow [2:25:00] springs ohio and enacting new chapter [2:25:02] 288 public arts and culture commission [2:25:05] all right can i get a motion [2:25:09] i move [2:25:12] second [2:25:14] okay um i don't think there's much [2:25:16] discussion here we're changing the name [2:25:19] um [2:25:19] to uh add public uh for clarity [2:25:24] so uh does anyone have any questions or [2:25:27] comments [2:25:28] oh i'm sorry [2:25:30] uh open the public hearing um any [2:25:32] questions or comments before we [2:25:35] uh close the public hearing [2:25:39] all right i'm going to close the public [2:25:41] hearing then and judy if you can call [2:25:44] the role please [2:25:45] yes krieger [2:25:47] yes thanks council [2:25:49] stokes [2:25:50] yes [2:25:59] thank you [2:26:00] mcqueen [2:26:02] yes [2:26:04] thank you okay uh next up we've got the [2:26:08] first reading of ordinance 2022.04 [2:26:12] and judy we can do that by title only as [2:26:14] well [2:26:15] okay this is the 2022 first quarter [2:26:17] supplemental appropriations and [2:26:19] declaring an emergency village of yellow [2:26:21] springs ohio so this is a one read [2:26:23] emergency ordinance [2:26:25] okay [2:26:26] um can i get a motion [2:26:30] second [2:26:31] all right [2:26:32] um so let's go ahead and open the public [2:26:34] hearing and um [2:26:37] is matt dillon talking about this [2:26:42] correct brian [2:26:48] all right yeah so uh with the [2:26:49] supplemental we have a request for an [2:26:51] additional 724 thousand dollars [2:26:54] uh 320 the 348 000 is related to the [2:26:58] general fund and i'll go ahead and break [2:27:00] this down as follows [2:27:02] 238 000 are related to [2:27:06] supplemental needs within lawson place [2:27:08] apartments [2:27:10] 50 000 [2:27:11] related to [2:27:12] transfers out to capital to satisfy our [2:27:14] budgeted needs [2:27:16] and forty thousand dollars related to a [2:27:19] this is a net neutral uh shift in the [2:27:21] salary allocations to [2:27:23] uh [2:27:24] um to the general fund uh mostly in a [2:27:26] reduction from from the electric fund [2:27:30] and in addition we have two uh [2:27:32] unforeseen needs [2:27:34] related to [2:27:35] one is twelve thousand dollars [2:27:37] uh twelve thousand five hundred related [2:27:39] to the revcord system upgrade uh this is [2:27:42] for the dispatch systems [2:27:44] and is a communication system that that [2:27:46] is vital to the dispatch system [2:27:49] and uh seven thousand dollars related to [2:27:52] a asset value valuation [2:27:55] um for invoice o to c biz [2:27:58] that is the the general fund that makes [2:28:00] up 348 000 [2:28:03] uh with the enterprises we're asking for [2:28:06] a supplemental budget of [2:28:08] 375 000. 98 dollars net need to the [2:28:12] electric fund 150 of 150 000 [2:28:16] of this need is related to the power [2:28:19] cost for our aep solar farm [2:28:22] or solar field um that's owed to aep [2:28:25] uh fifteen thousand dollars [2:28:27] is related to a new transformer we have [2:28:29] received a reimbursement for that that [2:28:32] cost but uh would need to appropriate [2:28:34] that through the expense budget [2:28:36] and uh [2:28:37] this is all netted out with shifts away [2:28:40] from the electric fund [2:28:42] due to personnel needs in other areas [2:28:46] in addition to the electric fund needs [2:28:48] we also have a 213 thousand dollar need [2:28:51] related to the water fund this is for an [2:28:53] additional payment for [2:28:55] the ohio public works in our ohio ohio [2:28:59] water development association loan [2:29:02] these are really just more of an [2:29:03] accounting treatment to catch up to the [2:29:06] invoice dates as opposed to the payment [2:29:08] dates due [2:29:09] and [2:29:10] previously we've we've gone on paying [2:29:12] them based on [2:29:14] uh [2:29:15] the date of the payment so this is [2:29:17] really just a catch up and more of an [2:29:18] accounting purposes [2:29:21] requests as opposed to a new need [2:29:23] related to these loans [2:29:25] and um [2:29:26] in regards to the sewer fund we have a [2:29:29] request for 64 000 [2:29:31] uh this is again related to the [2:29:34] an additional payment for our owda in [2:29:37] ohio public [2:29:39] works collaboration [2:29:40] loans um for infrastructure [2:29:43] as well as thirty thousand dollars in [2:29:45] salary shifts uh related to [2:29:47] um uh where personnel is currently [2:29:50] working on and uh charging those funds [2:29:53] appropriately [2:29:56] i would like to add something uh brian [2:29:58] on the last place apartment you're gonna [2:30:00] see that high number and that's due [2:30:02] because we closed on the property and [2:30:04] this year in 2022 so we're shifting that [2:30:07] expenditure over to [2:30:09] year 2022 [2:30:11] so that's why you're seeing that that uh [2:30:13] higher amount under loss in place what [2:30:16] also is included in that amount is the [2:30:18] mortgage payment utility payment [2:30:20] insurance and all the operating costs [2:30:22] that in order for us to spend that money [2:30:24] we have to have it appropriated in the [2:30:27] budget [2:30:29] and the revenue streams will come [2:30:31] through as part of the payment [2:30:32] collections as a separate items on our [2:30:34] revenues so i just wanted to provide [2:30:37] some clarity on on that [2:30:39] all right thank you josue uh any [2:30:42] questions or comments from council [2:30:48] okay if not i'm going to close the [2:30:49] public hearing and judy if you could [2:30:50] call the role please [2:30:53] yes mcqueen [2:30:56] brown [2:30:57] yes [2:30:58] stokes yes krieger [2:31:02] yes [2:31:05] thank you [2:31:06] all right next up we've got resolution [2:31:08] 20 22 [2:31:10] 10 [2:31:11] and we can read that in by title only [2:31:14] this is approving the purchase of a [2:31:16] sludge press [2:31:18] all right can i get a motion [2:31:23] second [2:31:24] all right um [2:31:27] josue are you talking about this this is [2:31:29] me that's the kind of enthusiasm i was [2:31:31] hoping for yes [2:31:33] all right so sledge press i want to take [2:31:36] you back in time to [2:31:38] september 8th to 2020 when we were [2:31:42] pulling out of uh renergie and we did [2:31:44] not know what we were going to do with [2:31:46] all of our biosolids i'm sure there's [2:31:48] other ways to describe the biosolids but [2:31:50] we found ourselves in a bit of a pile so [2:31:53] we went on an exploratory process at the [2:31:55] time we thought it was going to be more [2:31:57] costly to move away from energy and just [2:32:00] background renergie is that company just [2:32:02] outside of town that took or biosolids [2:32:04] as a liquid and they did some fancy [2:32:07] stuff with it to turn it into energy and [2:32:09] in that process [2:32:10] they've upset a lot of a lot of [2:32:12] neighbors [2:32:13] uh anyway so we pulled out of energy [2:32:15] we're unsure what what all the financial [2:32:18] impact would be [2:32:19] so we proposed two options an on-site [2:32:22] sled on-site sludge press and removal [2:32:25] and then we would deliver it to [2:32:28] landfills [2:32:29] brown county landfill was one of them we [2:32:31] were already we already had an energy [2:32:33] contract with them or we could apply it [2:32:35] locally we had permits that we could [2:32:37] apply the biosolids on farmlands um we [2:32:41] thought that that might be hit or miss [2:32:42] with the popularity with our neighbors [2:32:45] but that was an option the other piece [2:32:47] was outsourcing biosolids removal at the [2:32:50] time we had a mobile press [2:32:53] lined up to haul any additional [2:32:55] biosolids we tried that out for some [2:32:57] time it was very expensive [2:33:00] whether they're landfill options [2:33:02] i think carbon's really excited about [2:33:04] this [2:33:05] biogas generation of brown at brown [2:33:07] county landfill [2:33:09] so we center by outside of there they [2:33:10] have a landfill which collects the [2:33:13] landfill gas that goes into wells then [2:33:16] gas extraction which gets burned off [2:33:18] using gas engines and it generates [2:33:21] electricity and it comes back to us so [2:33:23] that's one of the landfill options we're [2:33:25] looking at [2:33:26] and we've continued using that model so [2:33:29] this is a map of the lan application [2:33:32] approved sites that we had those are [2:33:34] everything on blue that we could apply [2:33:36] or buy at solids on we did again we [2:33:39] didn't go that route [2:33:41] we went with the onsite sludge press [2:33:44] this is what tomato plants that grow [2:33:46] under biosolids look like [2:33:48] this is a brad he he i was impressed [2:33:51] with his uh [2:33:53] skills of playing in this stuff and [2:33:55] looking at the tomato plants but you [2:33:57] know biosolids are that good that they [2:33:59] they were growing tomato plants so after [2:34:02] all of this [2:34:03] we pursued this avenue we thought it was [2:34:05] going to be more expensive we're [2:34:07] pleasantly surprised that through this [2:34:09] extensive process [2:34:10] the [2:34:12] on-site sludge press [2:34:14] and pressing on site and delivering to [2:34:16] brown county landfill has resulted in [2:34:19] solving a problem that we have while [2:34:21] also [2:34:22] saving us money how much you may ask [2:34:25] looking at the total expense for 2021 of [2:34:29] uh renting the machine where 82 000 um [2:34:32] hauling to energy would have cost us uh [2:34:34] 80 000. so that price point is just a [2:34:37] little bit higher but we're looking at [2:34:40] the in the 82 000 it includes the rental [2:34:43] of the of the machine if we buy the [2:34:45] machine which is what you're voting on [2:34:47] now we would buy the machine [2:34:50] 156 000 [2:34:52] we won't have that rental expense that's [2:34:54] going to save us 21 [2:34:57] hundred and seven dollars on an annual [2:34:59] basis because we won't have a rental [2:35:02] expense uh we will own the machine so [2:35:04] this machine would have a return on [2:35:07] investment or we'll break even or make [2:35:09] our money back in seven to eight years [2:35:11] in savings [2:35:12] so this this uh resolution before you [2:35:15] does two things [2:35:17] it it helps ensure the continuation of [2:35:19] dealing with biosolids in a responsible [2:35:22] and economic way and it also uh has a a [2:35:26] return investment where the money that [2:35:28] you put into allowing us to buy this [2:35:30] press machine will make back in seven to [2:35:32] eight years in the machine with good [2:35:35] care it can live for another 20 years [2:35:37] johnny is online he can talk a bit more [2:35:39] detail on how the how the gears and all [2:35:42] that stuff work it's some really fancy [2:35:43] stuff [2:35:45] and we're excited that we found the [2:35:46] solution [2:35:47] so i asked for your authorization to [2:35:50] buy this machine [2:35:55] okay thanks josue uh are there any [2:35:57] questions or comments from council [2:35:59] members [2:36:01] yeah so what is the life expectancy [2:36:03] josue [2:36:06] johnny [2:36:07] you want to take that [2:36:13] are you there [2:36:14] yes so the life expectancy marianne this [2:36:18] was completely rebuilt when we got it so [2:36:22] as long as we do our maintenance and [2:36:24] upkeep [2:36:25] uh the life expectancy is as good as the [2:36:28] motors that are on it so i'm figuring [2:36:30] you know as long as we do our [2:36:31] maintenance we're [2:36:33] 20 to 30 years and we have to do motor [2:36:36] maintenance [2:36:38] but this one was completely rebuilt [2:36:40] before we took it upon rent and it had [2:36:42] already been in place for [2:36:43] 20 years so it's got brand new motors [2:36:46] we had to replace the conveyor belt on [2:36:48] it this year due to a snagging the thing [2:36:52] but we got that taken care of [2:36:57] okay [2:36:58] anything else [2:37:04] right if not then um [2:37:07] gee if you can call the roll please [2:37:09] yes stokes [2:37:12] brown [2:37:13] yes [2:37:14] the queen [2:37:15] yes [2:37:16] krieger [2:37:17] yes [2:37:20] thank you [2:37:22] okay [2:37:23] uh next up or last up is resolution 20 [2:37:26] 22 11. [2:37:28] and we can also do that by title only [2:37:31] all right this is authorizing payment of [2:37:33] invoices with then announce certificate [2:37:35] for the first quarter of 2022. [2:37:38] can i get a motion [2:37:40] second [2:37:42] all right matt dillon [2:37:44] brian if i may start with that because [2:37:46] you know part of this is is you know i [2:37:48] like to take ownership for when i screw [2:37:50] up and uh [2:37:52] one of these is a screw-up i made i we [2:37:54] we were looking to value all of our [2:37:56] infrastructure assets and we had engaged [2:37:59] c biz in a work and somewhere along the [2:38:02] line we missed a creating appeal so um [2:38:07] that's why why you had this dinner now [2:38:09] we in my two years and a half of being [2:38:12] in the organization we've avoided [2:38:14] dinner nows [2:38:16] so this is my first one and i don't i [2:38:18] hope that they're not a common [2:38:20] occurrence [2:38:21] so i wanted to pre-phase that [2:38:25] and so that's that's 6 300 but we wanted [2:38:28] to take the opportunity and catch up on [2:38:30] a couple things one is this irs [2:38:32] outstanding bill and let matt get to it [2:38:34] and uh catch up on the [2:38:37] loans for the water plant matt [2:38:42] thank you this way [2:38:43] yes so for the the two loan payments um [2:38:46] you'll if you'll look at i've provided [2:38:49] the invoices for those uh those have [2:38:51] been dated um [2:38:52] the the previous year uh they're both [2:38:55] dated 2021 [2:38:57] and the payment dates were reflecting uh [2:39:00] 2022 payment dates uh previously we've [2:39:03] we've been paying these uh invoices and [2:39:06] not budgeting enough to to complete [2:39:08] those payments uh by year end [2:39:11] so uh one thing to clean up is we're [2:39:15] going to go ahead and add this [2:39:17] what is essentially a third payment into [2:39:19] the budget for this year for the opwc [2:39:23] and owda payments uh and this doesn't [2:39:26] doesn't relate to an additional payment [2:39:28] owed [2:39:29] um but more of an accounting treatment [2:39:31] on how to catch up to those payments to [2:39:33] reflect those [2:39:34] in the year that the invoice is dated [2:39:37] and not so much the year when the [2:39:38] payment is due [2:39:40] so that speaks to the the ohio water [2:39:43] development association payments and the [2:39:46] as far as the irs [2:39:49] request is concerned [2:39:51] we have received some correspondence [2:39:53] from the irs related to payments [2:39:56] or 941 filings which would be tax income [2:40:00] taxes owed they had several adjustments [2:40:02] to them [2:40:03] and [2:40:04] these adjustments were from errors that [2:40:07] occurred [2:40:08] from 2020 and [2:40:10] earlier so um [2:40:13] we're just attempting to catch up with [2:40:14] the irs while we [2:40:16] learn more about what what mistakes were [2:40:19] made within those filings they were [2:40:21] relatively minor but do add up over time [2:40:24] but [2:40:25] we just [2:40:26] will [2:40:26] go ahead and bring that to your [2:40:28] attention and and communicate with the [2:40:30] irs regarding accurate filings moving [2:40:32] forward [2:40:33] so matt you're saying we don't know [2:40:36] what those issues were yet is that [2:40:41] what i'm saying is i ha [2:40:43] due to the nature of the communication [2:40:45] with the irs at this at this time during [2:40:47] uh due to the pandemic and various other [2:40:49] things [2:40:51] we've engaged in um [2:40:53] a lot of [2:40:54] postal mail correspondence without um [2:40:57] really [2:40:58] engaging in understanding what happened [2:41:00] back in 2020 and prior what is clear to [2:41:04] us is that they have [2:41:05] submitted an invoice to us to catch up [2:41:07] on these payments [2:41:09] and [2:41:10] through [2:41:11] due diligence i will explore the [2:41:13] opportunities that [2:41:14] that our filings were possibly accurate [2:41:16] prior to that and that this judgment [2:41:19] against us um i'll explore you know and [2:41:22] get some facts regarding that uh we [2:41:25] wanted to bring this um then and now to [2:41:26] your attention at this time because [2:41:28] interest has been [2:41:30] uh [2:41:32] interest and penalties has been [2:41:34] um put on to this [2:41:36] to this finding and yeah i'm sorry i'm [2:41:39] i'm clear about all that i just wanted [2:41:40] to clarify that we don't know [2:41:43] why these errors occurred [2:41:45] and so it sounds like we don't know that [2:41:47] yet but we will we're following up and [2:41:50] then we may be able to appeal it or [2:41:52] something is that right [2:41:53] i hope to be able to articulate the [2:41:55] findings a little bit more than i have [2:41:56] at this very very moment [2:41:58] what i only have is the correspondence [2:42:00] received that i've [2:42:02] provided to council [2:42:04] and [2:42:06] the general customer service phone [2:42:07] number which hangs up after uh several [2:42:10] attempts so we're we're looking to have [2:42:13] a more [2:42:14] um involved conversation with with the [2:42:17] irs on that uh and again i think the [2:42:20] amounts you'll see are rather minor is [2:42:22] just about understanding the payment [2:42:24] before we issue it [2:42:26] okay lisa [2:42:29] i feel like i should know this but who [2:42:31] does our tax preparation [2:42:34] we do [2:42:36] well the the irs um we work with rita [2:42:39] obviously rita's the uh the income tax [2:42:41] collector on our behalf [2:42:43] um but but certain payments from the [2:42:45] village [2:42:46] to the irs that [2:42:48] were issued internally so that that [2:42:51] would be that's the finance so the [2:42:52] actual analysis and tax forms and [2:42:55] figuring out how much we'd have to pay [2:42:56] and everything has been done internally [2:42:58] by the finance director [2:43:02] not by like a tax accountant or [2:43:04] something [2:43:06] i'm sorry could you repeat that that [2:43:08] seemed like a loaded question for me [2:43:10] just to agree well i just i just don't [2:43:12] know who [2:43:13] like i have a tax accountant right [2:43:16] but maybe it was the finance director [2:43:18] who does that because it's within the [2:43:20] scope of what a finance director does [2:43:24] um somewhat lisa i mean honestly like we [2:43:27] we have a shared relationship with rita [2:43:29] regarding our tax filings um the the [2:43:32] amount of to the village i would i would [2:43:34] validate as my role as the finance [2:43:36] director [2:43:38] okay [2:43:39] thanks i just didn't know [2:43:40] and i may add some more to that lisa we [2:43:43] we file our 941s which are the federal [2:43:46] federal employee tax reports we don't [2:43:49] file a tax return like a corporation or [2:43:52] an individual [2:43:54] at that level of tax preparation what we [2:43:56] do file are annual reports to the state [2:43:59] through the hinkle system and so that's [2:44:01] the equivalent of our tax return if you [2:44:04] will for the municipal corporation what [2:44:06] we file for the federal government are [2:44:08] these 941 reports which are primarily [2:44:11] employee wages [2:44:13] and we we do that ourselves because we [2:44:16] do our own payroll processing [2:44:18] uh one of the things that we've changed [2:44:20] since matt's matt's been on board is [2:44:22] moving to a more automated process with [2:44:25] regards to [2:44:26] wage payments and uh in reports [2:44:29] so we automate a lot of that versus a [2:44:31] more traditional manual process that [2:44:33] existed [2:44:35] in previous administration so i hope [2:44:37] that that [2:44:38] alleviates some of the some of the [2:44:40] issues with reconciling the reports and [2:44:43] to matt's point this report is [2:44:46] looking at a discrepancy in filings [2:44:48] before 2020. it could be a human error [2:44:51] it could be a calculation you know it [2:44:53] could be a number of things um matt's [2:44:56] taking the proactive approach given the [2:44:58] the delays and response from the from [2:45:02] the irs letter after letter while still [2:45:04] incurring the penalty and interest given [2:45:06] the amount four thousand dollars we have [2:45:08] no reason to vote to think that they're [2:45:10] wrong unless we know what [2:45:12] what they say we're wrong so we're just [2:45:14] moving forward and paying for it and [2:45:16] then we'll figure out if a credit is due [2:45:18] to us or an employee down the road [2:45:21] yeah i would agree with what what josue [2:45:23] said thank you very much for helping me [2:45:25] to articulate that [2:45:26] i i do not pay bills which i do not [2:45:29] understand [2:45:30] in this case what we're attempting to do [2:45:32] is bring our account current with them [2:45:34] while we uh seek further information and [2:45:37] uh as josue [2:45:38] mentioned this the [2:45:41] tax filings are somewhat an ongoing [2:45:43] reconciliation process where amendments [2:45:45] can be made to prior years which would [2:45:47] cause a difference in the amounts owed [2:45:54] okay anything else [2:45:58] uh okay um [2:46:01] judy can call the roll [2:46:03] yes mcqueen [2:46:09] krieger [2:46:10] yes [2:46:11] brown [2:46:12] yes [2:46:13] stokes [2:46:14] yes [2:46:17] thank you [2:46:18] okay it's citizen concerns this is a [2:46:20] time on the agenda where we'll take [2:46:22] comments about anything that has not [2:46:24] been on the agenda so [2:46:26] uh no comments about the pud [2:46:29] do we have any citizen concerns [2:46:36] okay i'm assuming that matthew kirk's [2:46:38] hand being up all this time is is not he [2:46:41] he actually did send a text and say he [2:46:45] wanted a minute i don't know if it's pud [2:46:47] related or not [2:46:52] all right he took his hand down so [2:46:55] um [2:46:56] all right [2:46:57] guessing we don't have any citizen [2:46:58] concerns [2:47:01] okay [2:47:02] so [2:47:03] uh our treasurer report [2:47:07] you're sure you want to go through this [2:47:08] now [2:47:10] well we put it off for long enough so [2:47:12] we're we're gonna stick through all of [2:47:15] this so all right so [2:47:17] this is pretty outdated at this point i [2:47:19] will say and um yeah we actually do now [2:47:22] have a new [2:47:23] uh quarterly report from [2:47:26] uh brad drager which uh each things are [2:47:30] shifting [2:47:31] quite a good deal so your next report [2:47:33] will be a little more exciting but as of [2:47:34] september 30th september 30th 2021 the [2:47:38] village had under active investment 10 [2:47:40] million 470 408 dollars that's an [2:47:45] increase of [2:47:47] six hundred 273 [2:47:47] ten since the second quarter report [2:47:50] that total investment numbers derived [2:47:52] from combining the raymond jane's [2:47:53] account and the west bank of account [2:47:54] information [2:47:56] interest earnings from july through [2:47:58] september were raymond james one 1 26 [2:48:03] and 37 cents and west banco 31 788.16 [2:48:09] last treasurer's report was in september [2:48:12] you do have brad drager's quarterly [2:48:14] report to the village which was written [2:48:15] in october and then you will get be [2:48:17] getting a new one in the next [2:48:21] in the next treasurer's report i've got [2:48:23] information on par value and money [2:48:25] market funds and that sort of thing [2:48:27] those have not moved except to [2:48:29] shift up [2:48:31] in terms of how much more recent they [2:48:33] are [2:48:34] i guess the most um [2:48:36] notable thing there is that the [2:48:37] estimated annual coupon cash flow is [2:48:40] eight thousand nine hundred and forty [2:48:41] two dollars [2:48:43] and the annual cash flow is just about [2:48:45] that eight thousand nine hundred and [2:48:47] forty four dollars [2:48:48] the village had zero funds in star oak [2:48:51] ohio in the last quarter [2:48:53] 493 531 dollars in raymond james and [2:48:57] nine million nine hundred seventy six [2:48:59] thousand eight hundred and seventy six [2:49:01] in the west bank account [2:49:02] as of september thirtieth the raymond [2:49:05] james rate for the raymond james uh cd [2:49:08] purchases are earning an average of one [2:49:09] point nine two [2:49:11] on a 1.13 year commitment and west bank [2:49:15] rate is fixed at 1.25 with nearly [2:49:17] immediate availability star ohio back [2:49:20] then as a comparison was earning 0.08 [2:49:24] um [2:49:26] which was the place it was in the [2:49:28] september treasurer's report that's [2:49:29] going to change a lot for the next [2:49:30] report [2:49:32] treasury rates are climbing ever so [2:49:34] slowly and we actually have a um [2:49:37] we're gonna we have a meeting set up [2:49:38] with brad drager in the next coming [2:49:40] weeks to talk about possibly shifting [2:49:42] funds and that is a discussion we [2:49:44] haven't had in [2:49:45] a very long time so that's that's the [2:49:48] significance of the [2:49:49] rising interest rates in the last couple [2:49:51] of months that's it [2:49:53] all right thanks judy [2:49:55] any questions for judy [2:49:59] there are a whole nother 58 pages on [2:50:05] i summarized [2:50:07] okay [2:50:08] uh all right well thank you very much um [2:50:11] old business um [2:50:13] we are going to talk a little bit about [2:50:15] commission updates [2:50:17] let me start first um two things that we [2:50:19] need to uh wrap up i'd mention the ys [2:50:23] schools liaison [2:50:25] and i don't know if anyone's interested [2:50:28] in that i am willing to be that liaison [2:50:31] but happy for someone else who is [2:50:34] interested to do it [2:50:36] i'd i'd be willing to [2:50:39] co-do that with you if you are [2:50:41] interested being alternate [2:50:43] sure [2:50:44] and then secondly i i was reminded that [2:50:47] um we typically have a chamber liaison i [2:50:50] have been that person in the past [2:50:52] but if there is a council member that [2:50:55] would like to take on that role um i'm [2:50:58] happy to pass the torch but i'm also [2:51:00] fine with uh [2:51:02] continuing that [2:51:04] you know i don't mean to sign other [2:51:06] people up for work but it might seem to [2:51:08] align nicely with the development [2:51:10] corporation [2:51:16] sorry about that mr stokes [2:51:20] yes ma'am um i agree with your [2:51:22] assessment by the way [2:51:25] so [2:51:26] uh [2:51:28] yeah brian are you are you uh [2:51:30] considering at least staying alternate [2:51:33] um [2:51:34] sure [2:51:36] uh yeah i guess i there is a meeting [2:51:39] this thursday at 8 am [2:51:42] and it is via zoom [2:51:45] so [2:51:46] um and yeah just keep in mind because we [2:51:48] got in a little bit of hot water um [2:51:52] but the liaison role is we just give [2:51:54] updates [2:51:55] we're not voting or anything like that [2:51:57] so [2:51:58] yeah i see mark heiss is on um so mark [2:52:01] you can go ahead and mike often if you [2:52:02] want to say something [2:52:09] or mike on i should say [2:52:12] so [2:52:13] i just want to say i would be more than [2:52:15] happy to um provide kevin with the with [2:52:18] the zoom meeting and we would welcome [2:52:20] any input from the [2:52:22] council um [2:52:24] very very we're very excited about this [2:52:26] year as as josue knows [2:52:28] because we've been very active in [2:52:30] keeping the village updated on our plans [2:52:32] um so it's going to be an exciting year [2:52:34] and we welcome any input from it from [2:52:37] the village [2:52:38] yeah thanks mark and i really appreciate [2:52:41] your and britney's and others energy [2:52:44] behind um reviving the chamber and um we [2:52:48] definitely want to have a close [2:52:49] relationship just like with the schools [2:52:52] all right so kevin does that mean you [2:52:54] wanna you would like to be that primary [2:52:56] liaison to the chamber that is what it [2:52:59] means yes okay great [2:53:01] okay and then [2:53:02] [Music] [2:53:05] okay and then um [2:53:07] lisa was this also your agenda item [2:53:14] uh [2:53:16] not really i mean i guess what we have [2:53:18] to think about [2:53:20] um so a little bit [2:53:24] the the coordinator of the village [2:53:26] mediation program has resigned for a [2:53:28] wonderful new opportunity [2:53:30] and so uh marianne and i are going to [2:53:33] have a [2:53:35] conversation on [2:53:36] friday with a esteemed member of the [2:53:39] mediation team [2:53:41] to have some [2:53:44] brainstorming [2:53:45] about how [2:53:47] that coordinator position [2:53:50] given that mediation is always a [2:53:52] confidential and private [2:53:56] thing how we might be able to leverage [2:53:58] some of that person power [2:54:00] to get the crb at least up and running [2:54:04] um so i'm excited about that because [2:54:08] it's the right skill set in the long run [2:54:10] i'm not saying that the village [2:54:12] mediation program is the crb [2:54:14] i'm just saying we need some capacity [2:54:18] so if we can find a person with the [2:54:19] right skill set who's a very [2:54:21] well-trained mediator that's following [2:54:24] the dayton model which was very [2:54:26] successful [2:54:27] where the crb [2:54:30] was coordinated by mediators [2:54:33] what's left clear to me [2:54:35] is how [2:54:37] and we don't have to decide this tonight [2:54:39] for heaven's sake [2:54:40] but i keep thinking about how is the [2:54:42] effort to stand up the crb [2:54:46] going to sit [2:54:48] um [2:54:49] in the in the uh [2:54:53] with the other commission that carmen [2:54:55] and [2:54:56] kevin are working on [2:54:58] and i just i just don't know because i [2:55:00] feel like it sets us up for sunshine [2:55:03] law complications [2:55:06] if we have this body of people who are [2:55:08] very very interested [2:55:10] in these justice system issues that have [2:55:13] two council persons and then if i i [2:55:15] don't want to be just like [2:55:17] floating out there on the side [2:55:19] and not really able to join the groups i [2:55:22] just i don't have an answer but i have [2:55:24] been fretting about it [2:55:26] structural perspective [2:55:28] yeah i mean i will say you know [2:55:31] when a it's a publicly announced meeting [2:55:34] um that you know means that uh [2:55:37] council members [2:55:39] can participate so [2:55:41] um [2:55:43] yeah and i think that that doesn't [2:55:45] remind me i think the other reason we [2:55:46] had this on on here was to talk about um [2:55:49] the mash-up [2:55:51] between um the justice system commission [2:55:54] and um hrc [2:55:56] uh but i would propose that um i think [2:55:59] we're all getting to the point where [2:56:01] we've probably had um quite a bit of [2:56:03] council meeting so uh [2:56:05] why don't we why don't we more formally [2:56:07] place this on the agenda for next time [2:56:10] right right and brian let me say that [2:56:12] yeah uh carmen uh and judy and i [2:56:16] had some conversations about it we [2:56:18] post some initial changes so it's you [2:56:20] know it is a a [2:56:23] live moving process and with respect to [2:56:25] the crb um i do [2:56:28] suppose there would probably be a [2:56:29] relationship but i don't know that the [2:56:32] social justice commission would do much [2:56:35] more than [2:56:36] referring perhaps to the [2:56:39] crb [2:56:40] not i don't i don't [2:56:42] i don't see yet and i could be convinced [2:56:44] either way but there being a hardline [2:56:47] relationship between between the two so [2:56:50] um i think that [2:56:52] leads to with that uh situation allay [2:56:55] some of your concerns [2:56:57] yeah i just don't want to get into a [2:56:59] situation where it's just too difficult [2:57:01] to make decisions together [2:57:03] if you know if we're if we're in liaison [2:57:05] with vmp which [2:57:07] marianne and i and we'll work it out [2:57:10] yeah in this i think this certainly um [2:57:14] i'm just going to say this you know we [2:57:16] saw a a massive display of a lot of [2:57:20] citizen engagement [2:57:22] um you know i'll just say to those that [2:57:24] are still listening um here's a place [2:57:26] where you can step up um and and uh [2:57:29] create uh some more bandwidth and some [2:57:32] more capacity for village council [2:57:35] we need folks to serve on these [2:57:36] commissions that are that are forming or [2:57:39] morphing um you know so i think for the [2:57:42] next couple of council meetings we have [2:57:43] to perhaps consider making that clarion [2:57:45] call [2:57:46] and again encourage folks who have [2:57:48] apparently a great deal of energy and [2:57:49] i'm not being disrespectful i'm just [2:57:51] saying [2:57:52] um here's a good place to use some of [2:57:55] that energy [2:57:57] okay sounds good [2:57:59] um all right so we have no new business [2:58:01] and [2:58:02] um i [2:58:04] would like manager's report to be uh [2:58:07] either brief or if there are any [2:58:09] questions [2:58:12] so josue is there anything in particular [2:58:13] that you need to highlight [2:58:16] a lot of good stuff going on um [2:58:19] body cameras we're almost ready to bring [2:58:21] back a presentation of the the policy [2:58:24] we're probably two two meetings away [2:58:26] um [2:58:27] good things happening on the [2:58:31] water loss charts we've included those [2:58:33] charts for you i hope you've appreciated [2:58:35] uh you see the significant water loss [2:58:37] reductions [2:58:39] we've had [2:58:40] um [2:58:41] police chief search we've settled on [2:58:43] dates so i'll be working on that this [2:58:45] week to [2:58:47] schedule those interviews schedule those [2:58:49] forums [2:58:50] and move forward with that process [2:58:53] okay i'm open to questions [2:58:55] all right does anyone have any questions [2:58:57] for josue [2:59:00] all right thanks josue um hopefully next [2:59:03] meeting we'll have more time uh to hear [2:59:06] about some of that great stuff all right [2:59:08] future agenda items anything um [2:59:13] that [2:59:14] folks want to make sure is in the mix [2:59:16] yes um i want to be able to talk about [2:59:19] the active transportation [2:59:21] um team [2:59:23] whatever i call it and i'd like to meet [2:59:26] with you ryan between now and the next [2:59:27] meeting so that we could make a proposal [2:59:31] okay sounds great [2:59:32] anything else um [2:59:34] judy and i guess this is a question for [2:59:36] judy and carmen could we at least have [2:59:39] something to present [2:59:42] in the second meeting in march regarding [2:59:44] the [2:59:46] justice system commission [2:59:49] yeah i'm on board for that [2:59:52] okay judy [2:59:54] absolutely i mean i can i've sort of [2:59:56] been holding off on [2:59:57] taking a machete to that ordinance and [2:59:59] quacking stuff in and pulling stuff out [3:00:02] um [3:00:03] but i can start doing that and then you [3:00:05] can [3:00:06] weigh in and we'll get we'll get [3:00:07] something we'll get a draft going so yes [3:00:09] is the short answer there okay so that's [3:00:12] like the 21st of march [3:00:16] i believe so haven't looked that far [3:00:19] ahead [3:00:20] that sounds right [3:00:21] okay anything else yeah really quickly [3:00:23] i'm interested in [3:00:25] the crb proposal being put forward with [3:00:28] the two pillars [3:00:30] um [3:00:31] intact [3:00:35] [Music] [3:00:38] okay [3:00:40] so the two pillars have to do with the [3:00:44] um [3:00:45] protection of confidentiality and so [3:00:48] that relates to my comments [3:00:50] before about possibly being able to use [3:00:53] a trained mediator to do confidential [3:00:55] intake [3:00:56] um and then the other one has to do [3:01:00] um with the scope of power of the crb to [3:01:03] make recommendations about [3:01:06] um [3:01:07] you know what should happen with [3:01:09] officers around who there's been a [3:01:11] complaint [3:01:12] and that echoes back to my comments i [3:01:15] think at the last council meeting where [3:01:17] i said we still really have to have a [3:01:20] genuine legal review of the proposal [3:01:23] for the ohio legality that we didn't get [3:01:27] from our previous attorney guy whose [3:01:30] name i don't remember right now and i [3:01:31] apologize for that we still need to get [3:01:34] that insight and until we get that we [3:01:37] are kind of uh [3:01:41] i'm struggling with the with the scope [3:01:43] of the second pillar [3:01:46] right [3:01:48] regarding mediation [3:01:50] has anyone reached out to jane rothman [3:01:58] he's part of that group [3:02:00] so [3:02:01] and you may recall that at one point [3:02:04] way back in the [3:02:06] stone ages [3:02:07] there were some members of the mediation [3:02:09] team who were very interested in [3:02:12] becoming the [3:02:14] beginning seeds of the crb and that was [3:02:17] good because they have the right kind of [3:02:19] training [3:02:20] and background so [3:02:23] um [3:02:24] i mean i i while i'm sorry that we've [3:02:27] had turnover [3:02:29] in that role i think that [3:02:33] it may create a real opportunity to find [3:02:36] the right person [3:02:38] who could [3:02:39] be at least the first [3:02:42] coordinator [3:02:43] that could do both things [3:02:45] yeah can i i'll jump in for a minute i [3:02:49] uh as lisa said given that um [3:02:52] luciana [3:02:54] has very fortunately for her been [3:02:57] named to a [3:02:59] rapid response team uh mediation for the [3:03:02] date for dayton it just seemed like [3:03:05] we have two needs that are basically a [3:03:08] similar need and [3:03:10] it isn't neither of the need presumably [3:03:13] will take up a lot of time per month so [3:03:17] it seemed like at least we might talk [3:03:19] about is there a way to consolidate [3:03:23] that one person [3:03:24] however the two groups [3:03:27] move forward [3:03:29] and maybe there would end up being two [3:03:31] people but it would be a way to get to [3:03:33] jumpstart the [3:03:35] crb [3:03:36] and also continue the mediation program [3:03:39] because [3:03:41] probably the mediation gets a few calls [3:03:44] every month you know it varies but [3:03:47] um so we're not looking at a [3:03:49] a huge [3:03:51] time commitment for any one person and [3:03:53] if we put them together [3:03:55] we could probably save some money and [3:03:57] give one person a little more [3:03:59] opportunity [3:04:01] so it sounds like we're [3:04:04] we're now like talking about uh you know [3:04:07] the issue rather than just a [3:04:09] future agenda item so [3:04:11] let's put it on the agenda [3:04:13] um do we have any other future agenda [3:04:15] items [3:04:18] that's right then i put alex scott on so [3:04:20] she is on for the section 8. [3:04:22] thank you that's great okay anything [3:04:25] else [3:04:26] all right i'll entertain a motion to [3:04:28] adjourn [3:04:32] second second [3:04:33] okay all those in favor signify by [3:04:35] saying aye [3:04:36] aye aye [3:04:37] all right have a great evening [3:05:21] you