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[00:00:03]

>> GOOD EVENING, AND WELCOME TO THE FAIRBORN CITY COUNCIL MEETING FOR DECEMBER 15, 2025.

[I. Call to Order]

WE'LL CALL THE MEETING TO ORDER.

JULIE, PLEASE CALL THE ROLL.

>> MR. KIRKPATRICK.

>> HERE.

>> MR. ALLEN.

>> HERE.

>> MS. CHESS.

>> HERE.

>> MR. DODD.

>> HERE.

>> MR. MCCUBBINS. MS. REASTER.

>> HERE.

>> MS. STANTON.

>> HERE.

>> THANK YOU, JULIE.

WE HAVE A NEED TO EXCUSE MR. MCCUBBINS DUE TO A FAMILY HEALTH ISSUE.

IS THERE A MOTION TO EXCUSE HIM?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER.

>> YES.

>> MS. CHESS.

>> YES.

>> MR. ALLEN.

>> YES.

>> MR. DODD.

>> YES.

>> MS. STANTON.

>> YES.

>> MR. KIRKPATRICK.

>> YES.

>> COUNCILMAN MCCUBBINS IS EXCUSED FROM THIS EVENING.

LADIES AND GENTLEMEN, PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE, FOLLOWED BY A MOMENT OF SILENCE.

PLEASE BE SEATED, IF WE WOULD ALSO SILENCE ANY ELECTRONIC DEVICES.

OUR FIRST ORDER OF BUSINESS IS TO CONSIDER

[IV. Minutes – Consider approval of the minutes of the December 1, 2025, Council Work Session and the December 1, 2025, Regular Meeting.]

APPROVAL OF THE MINUTES OF THE DECEMBER 1ST, COUNCIL WORK SESSION.

ARE THERE ANY CORRECTIONS, ADDITIONS OR DELETIONS TO THOSE MINUTES? HEARING NONE, IS THERE A MOTION TO APPROVE?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR, SAY AYE.

>> AYE.

>> AYE.

>> OPPOSED? THE MINUTES OF THE DECEMBER 1ST, COUNCIL WORK SESSION ARE APPROVED AS WRITTEN.

NEXT, WE HAVE THE MINUTES OF THE DECEMBER 1ST, REGULAR COUNCIL MEETING.

ARE THERE ANY CORRECTIONS, ADDITIONS OR DELETIONS TO THOSE MINUTES? HEARING NONE. IS THERE A MOTION TO APPROVE?

>> SO MOVE.

>> SECOND.

>> ALL IN FAVOR, SAY AYE.

>> AYE.

>> AYE.

>> OPPOSED? THE MINUTES OF THE DECEMBER 1ST, REGULAR COUNCIL MEETING ARE APPROVED AS WRITTEN.

NEXT, WE HAVE SOME OLD BUSINESS.

[V. Old Business]

WE HAVE SEVERAL ORDINANCES TO GO OVER.

IS THERE A MOTION TO READ ORDINANCE 35-25 FOR THE SECOND TIME BY TITLE ONLY.

>> SO MOVE.

>> SECOND.

>> ALL IN FAVOR, SAY AYE.

>> AYE.

>> AYE.

>> OPPOSED?

>> ORDINANCE 35-25, AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASES AND TERMINATIONS OF EASEMENTS FOR EAST DAYTON DRIVE ROADWAY EXTENSIONS, NO LONGER NEEDED BY THE CITY.

HALEY MYERS, ASSISTANT CITY ENGINEER PRESENTING.

>> THANK YOU. GOOD EVENING, MAYOR AND COUNCIL.

TONIGHT, I'M GOING TO BE GIVING THE RUNDOWN ON THE EASEMENT TERMINATION REQUEST AT 735 EAST DAYTON DRIVE THAT WE RECEIVED, ALONG WITH THE ANALYSIS OF THOSE EASEMENTS THAT WAS COMPLETED, AND ANY NEXT STEPS SHOULD THIS ORDINANCE BE APPROVED.

AS I MENTIONED, A LITTLE BIT OF BACKGROUND ON THIS REQUEST.

WE HAD THE PROPERTY OWNER OF 735 EAST DAYTON DRIVE REACH OUT TO OUR DEPARTMENT.

WE'VE BEEN IN DISCUSSION WITH HER FOR PROBABLY OVER A YEAR NOW.

I THINK WE RECEIVED THE FORMAL REQUEST FOR THIS BACK IN FEBRUARY.

YOU CAN SEE THE PROPERTY OUTLINE OF 735 EAST DAYTON DRIVE.

IT MIGHT BE A LITTLE HARD TO TELL, BUT IT'S RIGHT AT THE INTERSECTION OF EAST DAYTON DRIVE AND ADAMS. IT'S OUTLINED IN RED THERE.

IT'S COMPRISED OF THREE DIFFERENT PARCELS AND THERE'S ALSO THE FUTURE STREET EASEMENT THAT'S OUTLINED IN BLACK THAT RUNS THROUGH THE CENTER OF THAT PROPERTY.

THE PROPERTY OWNER CAME TO ENGINEERING AND SAID, "HEY, I HAVE THIS FUTURE STREET EASEMENT THAT RUNS THROUGH MY PROPERTY.

DOES THE CITY HAVE ANY INTENTION OF UTILIZING THIS, EXTENDING DAYTON DRIVE? IF NOT, WOULD I BE ABLE TO GET THIS REMOVED FROM MY PROPERTY?" ENGINEERING DUG INTO THIS.

THERE ARE TWO PORTIONS OF THE FUTURE STREET EASEMENT, SO YOU CAN SEE THE SMALLER SECTION THERE IS THAT 0.18 ACRE PIECE AND THEN THE LARGER SECTION IS JUST OVER HALF AN ACRE.

THOSE EASEMENTS WERE ESTABLISHED RIGHT AT 40 YEARS AGO.

THEY WERE RECORDED WITH THE COUNTY IN 1984 AND 1985, ORIGINALLY PUT IN PLACE TO ACCOMMODATE A POTENTIAL EXPANSION OF DAYTON DRIVE AND CONNECTING IT TO SCHWERMAN DRIVE.

THE REQUEST CAME FROM THE PROPERTY OWNER, ENGINEERING HAS BEEN EVALUATING IT, AND NOW WE'RE HERE.

LIKE I SAID, OVER THE YEAR, ENGINEERING HAS DISCUSSED WITH SEVERAL DEPARTMENTS.

PUBLIC WORKS HAD MANY DISCUSSIONS WITH CITY MANAGER STAFF, AND SOME OF THE KEY POINTS THAT CAME FROM THE DISCUSSION WERE SCHWERMAN DRIVE IS CURRENTLY A PRIVATE DRIVE, THERE IS NO INTENTION OF CONVERTING THIS TO A PUBLIC DRIVE AT ANY POINT IN TIME,

[00:05:04]

AND THERE ARE NO PLANS TO EXTEND DAYTON DRIVE AS THIS WAS ORIGINALLY LAID OUT TO DO.

IN CONCLUSION, THE CITY DECIDED THAT THESE EASEMENTS ARE NO LONGER NEEDED AND WE WOULD SUPPORT TERMINATING THESE EASEMENTS AS THE PROPERTY OWNER WAS LOOKING INTO.

NEXT STEP, SHOULD THIS ORDINANCE BE APPROVED, FAIRBORN STAFF CAN SIGN THE TWO EASEMENT TERMINATION DOCUMENTS.

THERE ARE TWO OF THEM BECAUSE THERE ARE TWO SECTIONS OF THE EASEMENT THAT WAS ESTABLISHED.

FAIRBORN STAFF WOULD THEN RECORD THESE WITH GREEN COUNTY, WHICH WOULD TERMINATE THE EASEMENTS OFFICIALLY, AND THE PROPERTY OWNER WOULD BE INVOICED FOR THE CREATION OF THOSE LEGAL DOCUMENTS, AS WELL AS THE RECORDING FEES.

WITH ALL THAT BEING SAID, ENGINEERING RECOMMENDS THAT THE ORDINANCE BE APPROVED, ALLOWING THE CITY TO TERMINATE THOSE TWO FUTURE STREET EASEMENTS, AND I'LL TAKE ANY QUESTIONS.

>> ORDINANCE 35-25 DOES REQUIRE A PUBLIC HEARING, SO WE WILL OPEN THE PUBLIC HEARING NOW.

ANYONE WISHING TO SPEAK TO ORDINANCE 35-25, PLEASE COME FORWARD AT THIS TIME.

SEEING NO ONE COME FORWARD, WE WILL CLOSE THE PUBLIC HEARING AND MOVE ON TO COUNCIL FOR QUESTIONS, STARTING WITH COUNCILMAN BRIAN.

>> I HAVE NO QUESTIONS.

THIS MAKES A LOT OF SENSE TO ME.

IT REALLY DOES.

>> NO QUESTIONS. I APPRECIATE THE WORK THE CITY WENT IN TO DO DISCOVERY AND UNDERSTAND THE PROBLEM. THANK YOU.

>> CERTAINLY.

>> NO QUESTIONS OR COMMENTS. THANK YOU.

>> NO QUESTIONS. THANK YOU.

>> IT SOUNDS LIKE IT'S JUST A WIN WIN.

THE CITY DOESN'T HAVE TO PAY, THE PROPERTY OWNER'S GOING TO PAY, AND THEN THE PROPERTY OWNER GETS THE FLEXIBILITY TO USE THAT LAND AS THEY WANT TO.

>> CORRECT. EXACTLY.

>> THANK YOU.

>> I HAVE NO QUESTIONS EITHER. I KNOW THIS HAS BEEN SOMETHING YOU MENTIONED.

IT'S BEEN WORKED ON FOR QUITE A WHILE, IT'S GOOD TO SEE IT FINALLY BEING RESOLVED.

>> I THINK IT WAS GOING ON MAYBE BEFORE I EVEN STARTED, SO IT'S GOOD TO GET TO THIS POINT AND HOPEFULLY WRAP IT UP.

>> NEXT, IS THERE A MOTION NOW TO WAIVE THE RULE REQUIRING THAT ORDINANCES BE READ ON THREE SEPARATE OCCASIONS, AND ORDINANCE 35-25 BE READ FOR THE THIRD TIME BY TITLE ONLY?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. STANTON.

>> YES.

>> MR. ALLEN.

>> YES.

>> MS. CHESS.

>> YES.

>> MR. DODD.

>> YES.

>> MS. REASTER.

>> YES.

>> KIRKPATRICK.

>> YES.

>> ORDINANCE 35-25, AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASES AND TERMINATIONS OF EASEMENTS FOR EAST DAYTON DRIVE ROADWAY EXTENSIONS, NO LONGER NEEDED BY THE CITY.

>> THANK YOU, MIKE. IS THERE A MOTION NOW TO ADOPT ORDINANCE 35-25?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER.

>> YES.

>> MR. ALLEN.

>> YES.

>> MS. CHESS.

>> YES.

>> MR. DODD.

>> YES.

>> MS. STANTON.

>> YES.

>> MR. KIRKPATRICK.

>> YES.

>> ORDINANCE 35-25 IS DULY ADOPTED.

NOW, IS THERE A MOTION TO READ ORDINANCE 36-25 FOR THE SECOND TIME BY TITLE ONLY?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR, SAY AYE.

>> AYE.

>> OPPOSED?

>> ORDINANCE 36-25: AN ORDINANCE AMENDING SECTIONS 126.04, 126.05 AND 126.06 OF THE FAIRBURN CODIFIED ORDINANCES TO UPDATE PURCHASING THRESHOLDS AND PROCEDURES TO COMPLY WITH CURRENT OHIO LAW, CREATING SECTION 126.12 TO ESTABLISH CYBERSECURITY PURCHASING AND PUBLIC RECORD EXEMPTIONS, AND APPROVING AND ADOPTING THE CITY OF FAIRBORN PURCHASING POLICY AS THE OFFICIAL PROCUREMENT MANUAL.

HILARY BROWNING, FINANCE DIRECTOR PRESENTING.

> WELL, I'M NOT HILARY BROWNING. [LAUGHTER]

>> WOULD YOU INTRODUCE YOURSELF FOR THE AUDIENCE?

>> I WILL. GOOD EVENING.

I'M JANEL RIGALSKI.

I'M THE ASSISTANT FINANCE DIRECTOR.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

THIS EVENING, WE ARE HERE TO ASK FOR A FORMAL ADOPTION OF THE PURCHASING POLICY THROUGH ORDINANCE 36-25.

THE PROPOSED UPDATES TO THIS PURCHASING POLICY ARE INTENDED TO INCREASE TRANSPARENCY, ENSURE REGULATORY COMPLIANCE, AND SUPPORT THE EFFICIENT USE OF PUBLIC FUNDS.

THE QUESTION BEHIND WHAT WE ARE PROPOSING TODAY IS WHAT HAPPENS WHEN OUR PURCHASING POLICY ISN'T CURRENTLY WORKING CORRECTLY? THE FIRST PART OF THAT IS COMPLIANCE WITH OUR STATE REGULATIONS.

THIS PROPOSED ORDINANCE IS NEEDED TO UPDATE OUR CITY'S POLICY TO MATCH THE STATE THRESHOLDS FOR CONSISTENCY AND GREATER COMPLIANCE WITH THE HIGHER REVISED CODE.

[00:10:01]

INSTEAD OF READING EACH OF THESE BORING SECTIONS TO YOU, I WILL GIVE YOU SOME BRIEF HIGHLIGHTS OF WHAT GOES ON.

THIS GOVERNS THE LAWFUL APPROPRIATION OF ENCUMBERING FUNDS, HOW A FISCAL OFFICER CERTIFICATE CAN BE INTRODUCED.

IT ALSO ESTABLISHES COMPETITIVE BIDDING THRESHOLDS FOR MUNICIPALITIES AND ALSO ATTEMPTS TO EXEMPT CYBERSECURITY RECORDS, INCLUDING PURCHASES FOR THE PUBLIC DOMAIN TO PROTECT AGAINST CYBER THREATS.

IT ALSO ESTABLISHES COUNTY PROCEDURES FOR MUNICIPALITIES REQUIRING AN ACCOUNTING SYSTEM FOR RECORD AND GOVERNS THE ADMINISTRATIVE USE OF PURCHASING.

ORDERS. AS WE DO THIS, WHAT WE WANT TO DO IS UPDATE THE POLICY THRESHOLDS, WHICH IS ONE OF THE KEY THINGS THAT ARE PART OF OUR POLICY.

IN ADDITION, WE WANT TO CLARIFY THE PURCHASING METHODS AND COUNCIL APPROVAL OF EXPENDITURES.

WE WANT TO ESTABLISH A UNIFORM MANUAL THAT WILL BE IN COMPLIANCE WITH THE NEW PURCHASING POLICY, AND ALSO ESTABLISH SPECIAL PROVISIONS FOR THE CYBERSECURITY PURCHASES IN COMPLIANCE WITH THE OHIO REVISED CODE.

IN ADDITION, WE WILL STILL CONTINUE TO USE OUR FAIRBORN FIRST INITIATIVE THAT IS ALREADY CODIFIED WITHIN THE CHAPTER OF 126.

WHAT DO ACTUALLY PURCHASING POLICIES DO? ONE OF THE KEY THINGS IS WE INCREASE ACCOUNTABILITY AND TRANSPARENCY.

WE HAVE A RESPONSIBILITY FOR STEWARDSHIP OF THE PUBLIC FUNDS.

WE WANT TO BE TRANSPARENT IN OUR DECISION MAKING AND ALSO THE INTEGRITY OF HOW WE PROCURE ITEMS WITHIN THE CITY.

OUR NEXT ITEM WOULD BE FINANCIAL RESPONSIBILITY.

WE WANT TO MAKE SURE THAT WE'RE GETTING THE BEST VALUE FOR THE FUNDS THAT WE ARE ENTRUSTED WITH.

WE ALSO HAVE BUDGET DISCIPLINE AND ALSO LONG TERM SAVINGS.

HOPEFULLY, WITH THIS, WE WILL BE ABLE TO STANDARDIZE OUR PURCHASING, AND WE WILL BE ABLE TO NEGOTIATE CONTRACTS THAT WE WILL BE ABLE TO USE CITYWIDE.

IN ADDITION, RISK MANAGEMENT AND LEGAL PROTECTIONS, WE WANT TO PROTECT THE CITY'S INTEREST.

WE WANT TO BE READY FOR ANY TYPE OF AUDITS THAT WE MAY ENCOUNTER AND ALSO HAVE FRAUD PROTECTION.

IN ADDITION, WE WANT TO HAVE OPERATIONAL EFFICIENCIES.

WE WANT TO HAVE CLEAR AND CONSISTENT PROCEDURES FOR ALL OF OUR STAFF.

WE WANT TO HAVE IMPROVE COORDINATION AMONGST THE CITY, AND WE ALSO WANT TO HAVE TRAINING AND ACCOUNTABILITY FOR OUR STAFF.

ONE OF THE BIG THINGS ABOUT OUR NEW PURCHASING POLICY IS OUR THRESHOLDS.

INITIALLY, WE WOULD HAVE A $0-$4,999, AND THIS WOULD BE A DIRECT PURCHASE.

THIS WOULD MEAN THAT ANY OF OUR STAFF COULD GO TO A STORE OR A VENDOR AND PURCHASE AN ITEM EITHER WITH A PURCHASE ORDER THAT IS ALREADY IN PLACE OR USING THEIR PURCHASING CARD.

THE NEXT LEVEL WOULD BE THE $5,000-$39,999 RANGE.

THIS IS WHERE YOU WOULD NEED TO REACH OUT TO VENDORS AND GET WHAT WE WOULD CLASSIFY AS 3 INFORMAL QUOTES.

THOSE QUOTES WOULD BE SOLICITED VIA EMAILS THAT WE COULD REACH OUT TO DIFFERENT VENDORS AND GET A QUOTE ON A PURCHASE OF AN ITEM OR SERVICES THAT WE NEED.

THE NEXT LEVEL WILL BE 40,000-77,249.

THIS WOULD BECOME A MORE OF A FORMAL REQUEST TO VENDORS.

WE'D BE ABLE TO REACH OUT TO VENDORS WITHIN THE CITY OR EVEN IN THE STATE AND REQUEST A QUOTE FOR AN ITEM OR SERVICE AS WELL.

ONCE WE HIT 77,250, WE WOULD REACH A FORMAL BIDING PROCESS.

THIS IS WHEN WE WOULD ACTUALLY SEND OUT RFPS TO DIFFERENT VENDORS AND GET QUOTES OR SOLICIT THOSE QUOTES OUT VIA A MUCH MORE FORMAL PROCESS.

THERE WOULD BE SOME EXCEPTIONS TO THIS, EITHER SOLE SOURCE OR OEM TYPES OF SITUATIONS.

OUR KEY TO ALL OF THIS IS TO OPTIMIZE OUR PURCHASING FUNCTIONS BY HAVING A COMPETITIVE BIDDING PROCESS WHERE IT MAKES SURE THAT THE CITY IS GETTING THE BEST PRICE FOR ALL THE GOODS OR SERVICES.

WE COULD ALSO USE COOPERATIVE PURCHASING USING CO-OPS SUCH AS OMNIA, SOURCEWELL, OR DIFFERENT CONTRACTS USED THROUGHOUT THE STATE.

WE ALSO HAVE P-CARDS,

[00:15:01]

WHICH OUR STAFF ARE ABLE TO USE.

THIS IS FOR OUR SMALLER PURCHASES OR ONLINE PURCHASES, AND THIS IS A BIG TIME SAVER FOR OUR STAFF.

IN ADDITION TO THIS, WITHIN OUR PURCHASING POLICY IS OUR TRAVEL POLICY, WHICH GIVES INSTRUCTIONS TO OUR STAFF HOW THEY WOULD BE ABLE TO USE OR GO TO TRAINING WHEN NEEDED.

>> THESE UPDATES TO OUR CURRENT PURCHASE THEME POLICY STRIVE TO IMPROVE CLARITY FOR OUR STAFF, CREATE EFFICIENCIES, AND STRENGTHEN OUR FISCAL RESPONSIBILITY.

THEREFORE, WE ARE RECOMMENDING PASSAGE OF ORDINANCE 36-25.

>> THANK YOU FOR YOUR PRESENTATION.

ORDINANCE 36-25 ALSO REQUIRES A PUBLIC HEARING.

ANYONE WISHING TO SPEAK TO ORDINANCE 36-25, PLEASE COME FORWARD AT THIS TIME.

SEEING NO ONE COME FORWARD, WE WILL CLOSE THE PUBLIC HEARING ON ORDINANCE 36-25 AND COME BACK TO COUNSEL FOR QUESTIONS, STARTING WITH COUNCILWOMAN CHESS.

>> YES. I CAN APPRECIATE THE TRANSPARENCY AND THE ACCOUNTABILITY WITHIN THE DEPARTMENT.

THE HAWK THAT YOU AS PUT IN ONCE TO MAKE SURE THAT WE SPEND OUR DOLLARS WISELY.

YEAH, WE EXPLAIN THOROUGHLY IN OUR WORK SESSION.

BUT THIS IS ALL ABOUT, WHICH WAS REALLY HELPFUL.

THANK YOU FOR YOUR HARD WORK.

>> NO QUESTIONS. I THINK THIS IS WONDERFUL. THANK YOU, GUYS.

>> COUNCIL DODD.

>> IT IS A GREAT. THE SLIDE PRESENTATION WAS VERY NICE.

THANK YOU. WE DID GO OVER IT VERY WELL IN OUR WORK SESSION, SO THANK YOU FOR THE HARD WORK.

>> THE ONLY THING I'LL JUST ADD IS IT'S GREAT TO HAVE A POLICY ESPECIALLY ON HOW WE EXECUTE MONEY.

WE COULD CERTAINLY BE SIDEWAYS IN THAT IN A DROP OF A HAT, BUT I APPRECIATE THE CONSISTENCY AND THE CLARITY ON HOW WE'RE GOING TO MOVE FORWARD WITH THAT. THANK YOU.

>> I WOULD AGREE. THE CONSISTENCY AND ALSO BEING IN COMPLIANCE WITH THE STATE ORDINANCES IS IMPORTANT.

THANK YOU. APPRECIATE THE WHOLE TEAM'S WORK ON THAT. THANK YOU.

>> EVERYBODY SAID EVERYTHING.

COUNCIL WORK SESSION JUST BEFORE THIS MEETING WAS VERY WELL.

YOU OUTLINED THIS EXTREMELY WELL, AND I APPRECIATE ALL THE WORK THAT WENT INTO IT.

IS THERE A MOTION TO WAIVE THE RULE REQUIRING THAT ORDINANCES BE READ ON THREE SEPARATE OCCASIONS?

>> SO MOVED.

>> LET ME FINISH.

>> I'M SORRY.

>> ORDINANCE 36-25 BE READ FOR THE THIRD TIME BY TITLE ONLY.

>> I CAN GO. SO MOVE.

>> SECOND. [LAUGHTER]

>> JULIE, PLEASE CALL THE ROLL?

>> MR. ALLEN?

>> YES.

>> MS. CHESS.

>> YES.

>> MR. DODD?

>> YES.

>> MS. REASTER.

>> YES.

>> MS. STANTON.

>> YES.

>> MR. KIRKPATRICK.

>> YES.

>> ORDINANCE 36-25, IN ORDINANCE AMENDING SECTIONS 126.04, 126.05 AND 126.06 OF THE FAIRBORN CODIFIED ORDINANCES TO UPDATE PURCHASING THRESHOLDS AND PROCEDURES TO COMPLY WITH CURRENT OHIO LAW, CREATING SECTIONS 126.12 TO ESTABLISH CYBERSECURITY PURCHASING AND PUBLIC RECORD EXEMPTIONS, AND APPROVING AND ADOPTING THE CITY OF FAIRBORN PURCHASING POLICY AS THE OFFICIAL PROCUREMENT MANUAL.

>> THANK YOU, MIKE. IS THERE A MOTION NOW TO ADOPT ORDINANCE 36-25?

>> SO MOVE.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL?

>> MS. REASTER?

>> YES.

>> MS. STANTON.

>> YES.

>> MR. ALLEN?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>> MR. KIRKPATRICK?

>> YES. ORDINANCE 36-25 IS DULY ADOPTED.

NEXT, WE'LL MOVE ON TO NEW BUSINESS.

[VI. New Business]

IS THERE A MOTION TO READ ORDINANCE 37-25 BY TITLE ONLY DECLARING AN EMERGENCY?

>> SO MOVE.

>> SECOND.

>> THIRD.

>> DO YOU GET THAT? ALL IN FAVOR, SAY AYE.

>> AYE.

>> OPPOSED?

>> ORDINANCE 37-25, MAKING SUPPLEMENTAL APPROPRIATIONS TO THE APPROPRIATIONS BUDGET OF THE CITY OF FAIRBORN, STATE OF OHIO, AND AUTHORIZING TRANSFERS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND DECLARING AN EMERGENCY, HILARY BROWNING, FINANCE DIRECTOR PRESENTING.

>> GOOD EVENING. TONIGHT, WE WILL DISCUSS OUR FINAL SUPPLEMENTAL APPROPRIATION FOR 2025.

ALL OF OUR FUNDS MUST BE IN COMPLIANCE WITH OHIO REVISED CODE SECTION 5705.41 BY THE END OF THE FISCAL YEAR.

[00:20:04]

PREPARING FOR THE YEAR END, THE CASH BALANCE PLUS THE PROJECTED REVENUES MUST BE EQUAL TO OR GREATER THAN OUR APPROPRIATIONS.

THEN ON DECEMBER 31ST, THE ACTUAL CASH AND THE ACTUAL REVENUE MUST BE EQUAL TO OR GREATER THAN OUR ACTUAL EXPENSES.

RIGHT NOW, WE'RE IN THIS PERIOD WHERE WE'RE ASKING FOR OUR FINAL SUPPLEMENTAL APPROPRIATION.

WE STILL DON'T 100% KNOW HOW IT'S GOING TO TURN OUT.

WE'RE TRYING TO BE A BIT LIKE GOLDILOCKS WITH THE BUDGET.

IT CAN'T BE TOO HOT, IT CAN'T BE TOO COLD.

THE PORRIDGE HAS TO BE JUST RIGHT.

THAT'S WHAT WE'RE TRYING TO ACHIEVE HERE IN TONIGHT'S SUPPLEMENTAL APPROPRIATION.

HOW DO WE GET TO THE SUPPLEMENTAL APPROPRIATION? THE BIGGEST PIECE IS REALLY ANALYZING OUR BUDGET VARIANCES, LOOKING AT BOTH THE REVENUES AND OUR EXPENDITURES.

WE'RE PROJECTING WHAT OUR REVENUES ARE GOING TO BE.

I LIKE TO UTILIZE AN INFORMED APPROACH OF TREND ANALYSIS, ACTUAL RECEIPTS THROUGH THIS YEAR.

I TEND TO LOOK AT BOTH OUR MONTH TO DATE RECEIPTS THROUGHOUT THIS FISCAL YEAR, BUT I ALSO LIKE TO LOOK AT DECEMBER'S PAST, HOW MUCH REVENUE HAVE WE RECEIVED DECEMBER'S PAST, SO WE CAN PROJECT FOR WHAT OUR PROJECTION IS GOING TO BE.

WE ALSO HAVE TO COMPLETE A CASH REVIEW OF EVERY FUND.

WE HAVE 67 IN TOTAL, AND THEN PROJECT THE EXPENSES THROUGH THE END OF THE YEAR.

AGAIN, OUR CASH PLUS OUR REVENUES DO HAVE TO BE GREATER THAN OUR EXPENSES.

REALLY LOOKING AT ALL OF THAT TOWARD THE END OF THE YEAR.

THE SUPPLEMENTAL IS MEANT TO ADDRESS ANY SHORTAGES OR MAJOR SURPLUSES THAT WE HAVE FOR THE YEAR.

WITH THAT, I'M GOING TO GO THROUGH WHAT OUR NET CHANGES ARE, AND THEN WE CAN GO THROUGH EACH CHANGE INDIVIDUALLY.

BUT WE ARE REQUESTING A REDUCTION IN REVENUE BUDGET OF ABOUT 498,000.

IN GENERAL, OUR REVENUES HAVE PERFORMED PRETTY CLOSE TO THE REVISED REVENUE BUDGET THAT WE PUT IN PLACE IN JULY.

IF YOU RECALL, WE HAD A SUPPLEMENTAL APPROPRIATION AT THAT TIME, AND WE DID A BIG REVISION ON BUDGET.

THAT SAID, WE DID NOT ACCOUNT FOR THE IMPACTS OF THE SHUTDOWN ON OUR INCOME TAX AND OUR GRANT PROCEEDS.

WE'VE SEEN QUITE A BIT OF DELAY, PARTICULARLY ON THE GRANT SIDE, WHERE DISBURSEMENTS HAVEN'T CLEARED THAT WE WOULD HAVE EXPECTED TO SEE.

THEN OBVIOUSLY, WITHHOLDING IS DOWN BECAUSE OF THE SHUTDOWN BEING PROLONGED, WE HAD MULTIPLE PAY CHECKS THAT WERE MISSED, AND SO MULTIPLE WITHHOLDING PERIODS THAT WERE MISSED.

THE MAJORITY OF THE REDUCTIONS ARE FOR THOSE TWO FACTORS.

PLUS WE'VE ALSO SEEN A LOWER THAN EXPECTED HOTEL MOTEL TAXES.

THE TOTAL OF THOSE THINGS IS ABOUT 498,000.

WE'RE GOING TO REDUCE REVENUE BUDGET FOR THOSE FACTORS.

EXPENDITURE BUDGET, WE ARE REDUCING 2,951,207 OFF THAT, A LITTLE BIT LESS THAN 1.2 IS IN OPERATING FUNDS, AND THE REST IS IN NON OPERATING IN PROJECTS.

WE'RE SEEING A REDUCTION OF 1,780,707.03.

THE BIGGEST FACTORS ON THE OPERATING SIDE IS GOING TO BE PERSONAL SERVICE COSTS.

WE HAVE HAD A HISTORIC AMOUNT OF VACANCIES IN POLICE AND FIRE IN PARTICULAR, AND YOU'LL SEE THAT IN OUR OPERATING FUNDS, THE MAJORITY OF THE CHANGES HERE ARE REDUCTION IN PERSONNEL.

ON THE CAPITAL SIDE, WE'VE HAD A NUMBER OF CAPITAL PROJECTS THAT WE NEEDED TO PUT ON HOLD OR DELAY FOR VARIOUS REASONS.

EITHER THEY NEEDED TO BE REBID, THEY'RE DELAYED IN THE CONSTRUCTION SITE.

WE'VE HAD TO DELAY SOME WATER AND SEWER PROJECTS BECAUSE OF CASH BALANCE ISSUES.

THE MAJORITY OF THE REDUCTIONS ARE ABOUT 60% OF OUR REDUCTIONS ARE IN THE NON OPERATING FUNDS.

THEN LASTLY, WE HAVE HAD SOME DELAYS IN GRANT FUNDING, THE REVENUE AND THE EXPENSES, THE REVENUE DID NOT COME THROUGH THAT WAS EXPECTED, AND SO WE HAVE TO DO A REDUCTION ON BOTH THE EXPENSE AND THE REVENUE SIDE.

LASTLY, WE ARE REQUESTING SOME CHANGES IN TRANSFER AUTHORITY, MOSTLY BECAUSE THE PLAN DID NOT GO EXACTLY AS WHAT WAS EXPECTED IN DECEMBER OF LAST YEAR WHEN THE BUDGET WAS RATIFIED.

WE ARE SEEKING AN INCREASE IN TRANSFERS FROM THE GENERAL FUND TO BUILDING IN LANDS AND TO GENERAL CAPITAL, 03,600 AND 2,400 RESPECTIVELY.

WE'RE ALSO DECREASING A TRANSFER OUT TO FIREEMS. BECAUSE OF ALL THE VACANCIES THAT THEY'VE HAD, THEY DID NOT USE THE TOTAL AMOUNT OF THEIR BUDGET, AND BECAUSE THEY DIDN'T, WE DO NOT NEED TO TRANSFER OUT FROM THE GENERAL FUND AS MUCH MONEY TO SUPPORT THEIR OPERATIONS.

ON THE GENERAL FUND SIDE, THIS IS A GOOD NEW STORY, BUT OBVIOUSLY FOR FIRE, IT COMES AT A GREAT COST.

WE ARE ALSO DECREASING GENERAL FUND CAPITAL AND TRUST, 1,130,000.

THAT TRANSFER OUT WAS ACTUALLY FOR DEBT SERVICE.

IT'S A BEST PRACTICE TO PAY FOR DEBT SERVICE OUT OF DEBT SERVICE AND NOT CAPITAL.

WE DON'T WANT TO OVERSTATE IN THE ACCOUNTING SIDE, OUR CAPITAL.

WE WANT TO REALLY, TRULY ACCOUNT FOR THE FACT THAT WE'RE USING THIS FOR DEBT SERVICE.

I'M REQUESTING AUTHORITY TO INSTEAD MOVE THAT TO THE DEBT SERVICE FUND.

[00:25:04]

THAT AMOUNT IS 1,831,100, AND THE MAJORITY OF WHICH ARE PFAS PROCEEDS, AND 150,000 FROM THE GENERAL FUND TO GENERAL FUND BOND SERVICE TO PAY OFF THE MUNICIPAL COURT BAN.

WELL, THEN. I LOST MY PAGE HERE.

NOW, LIKE, TRUE, WELL AND TRULY LOST MYSELF.

THE NET CHANGES IN THE GENERAL FUND, AS YOU CAN SEE, WE HAVE SOME OTHER EXPENDITURE REDUCTIONS.

IN BOTH COUNCIL AND MUNICIPAL COURT, THESE ARE FOR TRAVEL FUNDS THAT WERE NOT USED.

CLERK OF COURTS IS A REDUCTION ON PERSONNEL SERVICES, CITY MANAGER'S OFFICE IS TRAVEL AND TRADING THAT WAS NOT USED.

FINANCE. WE HAD A VACANCY IN FINANCE FOR A PROLONGED PERIOD OF TIME, AND SO WE'RE REDUCING THERE.

ON THE UTILITY BILLING SIDE, WE'RE REDUCING BECAUSE WE ACTUALLY COME UNDER BUDGET AND HOW WE'RE ADMINISTERING OUR NEW SOFTWARE PROGRAM, SO THAT WAS A BRIGHT SPOT AND A GOOD NEWS STORY, SO WE WILL REDUCE THERE.

INCOME TAX AND ACCOUNTING, BOTH THINGS WILL REDUCE EXPENDITURES AND PERSONNEL FOR LEGAL ON THE EXPENDITURE SIDE.

WE HAVE A NET REDUCTION OF 25,000.

THEN ON PERSONNEL, WE WILL REDUCE 40,700 AND OTHER EXPENDITURES.

ON ENGINEERING, THEY JUST NEED A LITTLE TWEAK ON THE PERSONNEL SERVICES SIDE.

THEY NEED A LITTLE BIT OF THE SURPLUS BUDGET.

COMMUNITY DEVELOPMENT.

THIS IS A WAY FINDING PROJECT THAT DIDN'T QUITE HAPPEN THE WAY THAT WAS EXPECTED THIS FISCAL YEAR.

THIS WILL BE UP FOR RE-APPROPRIATION IN FISCAL YEAR 2026, BECAUSE THIS IS OPERATING BUDGET, AND BECAUSE THE PROJECT DID NOT PROCEED AND IS NOT ENCUMBERED, WE HAVE TO ASK FOR YOUR AUTHORITY IN THE NEXT FISCAL YEAR WHEN THE PROJECT DOES PROCEED.

BUILDING INSPECTION HAS A REDUCTION OF 39,900.

IN NOVEMBER, I TRIED TO TAKE SOME OF THAT BACK.

THEY'VE HAD A PROLONGED VACANCY FOR THE ENTIRETY OF THE YEAR.

ECONOMIC DEVELOPMENT WILL REDUCE IN $7,000.

THEY HAVE GIVEN US SOME BUDGET SURPLUS AND PARKS AND RECREATION.

THIS 17,000 WAS WHAT WAS NOT USED FOR 4TH OF JULY PARADE.

THIS AGAIN COULD BE ENCUMBERED ON A FUTURE FISCAL YEAR.

THEN NON DEPARTMENTAL HAS THAT NET REDUCTION OF 142,900.

THIS IS 100% TRANSFERS AND TRANSFERS OUT WHAT WE DISCUSSED ON THE PRIOR SLIDE.

IN FIRE, WE ARE INCREASING FIRE ADMINISTRATION FOR A TERMINAL PAYOUT, OFFSET BY REDUCING OPERATIONS BY 334,100 FOR A NET FUND DECREASE OF 324,100.

ON STREET SIDE, WE'RE REDUCING BOTH ON THE PERSONNEL AND THE OTHER EXPENSES FOR A NET REDUCTION OF 15,000, OFFSET BY A SLIGHT INCREASE IN HIGHWAY MAINTENANCE, ALL IN PERSONAL SERVICES, AND ACTUALLY, THIS IS ALL OVER TIME.

I GET REALLY NERVOUS WHEN I START TO SEE OT TRENDS A LITTLE HIGH, WE'VE HAD LOTS OF SNOW.

WE'VE HAD SOME UNUSUAL EVENTS THIS YEAR, SO THIS IS JUST ME TRYING TO MAKE SURE THAT WE HAVE ENOUGH IN THE TANK, SO TO SPEAK, FOR OUR NEXT PAYROLL.

ON POLICE SIDE. FOR THE MOST PART, THESE ARE NET REDUCTIONS, BECAUSE AGAIN, POLICE HAS SEEN A NUMBER OF DIFFERENT VACANCIES, OFFSET BY A SLIGHT INCREASE IN THE DISPATCH CENTER, THEY TOO HAD A TERMINAL PAYOUT FOR AN INDIVIDUAL WHO LEFT.

THEN I'M JUST MAKING THE DARE GRANT WHOLE BECAUSE WE HADN'T RECEIVED WHAT WE WERE SUPPOSED TO RECEIVE, AND I'M TRYING TO MAKE THAT PROJECT CODE CORRECT.

BOTH ON THE DARE GRANT AND THE VAWA CODE.

THE NET DECREASE IS 85,700.

ON WATER ADMINISTRATION SIDE.

WE HAVE NET REDUCTION OF 36,300.

PERSONNEL SERVICES A SLIGHT INCREASE, BUT OTHER EXPENSES WE'RE ABLE TO TAKE AWAY SOME BUDGETARY SURPLUS.

SEWER ADMINISTRATION'S JUST A STREET REDUCTION 54,300.

ON THE SEWER ADMINISTRATION SIDE, THEY HAD A PROJECT THAT DID NOT MOVE FORWARD.

A 60,000 WILL BECOME A BUDGETARY SURPLUS.

ON THE LANDFILL OPERATION SIDE, WE'RE INCREASING $1,000 ON THE EXPENDITURE SIDE.

THIS IS ALL IN UTILITIES.

ON SANITATION, WE'RE INCREASING, AND AGAIN, THIS IS FOR PERSONAL SERVICES.

IN GENERAL MAINTENANCE AND REPAIR, WE'RE REDUCING A 2,000 AND THEN IN IT, AND THAT'S THE GARAGE, THE GENERAL MAINTENANCE AND REPAIR GARAGE.

THEN INFORMATION TECHNOLOGY, WE'RE REDUCING 75,000.

THEY HAVE HAD A POSITION THAT HAS BEEN VACANT FOR THE MAJORITY OF THIS YEAR, AND THEY HAD SOME BUDGETARY SURPLUS.

LASTLY, ON NON OPERATING, YOU CAN SEE THAT THESE ARE JUST STRAIGHT PROJECT FUNDS, AND PLUS CIVIL ENGINEERING GAVE A SURPLUS BACK ON ROAD RESURFACING, 425,000.

THE INDIGENT ALCOHOL FUND.

THIS IS WHERE WE HAD SOME SURPLUS GRANT BUDGET HERE THAT NEEDS TO BE TAKEN AWAY. PARKS AND REC.

THIS IS THE ADA COMPLIANT PARK.

THE 250 WAS NOT A SUFFICIENT ALLOCATION FOR THE PARK.

WE RETOOLED, WENT BACK TO THE CIP.

IT'S IN 2026'S BUDGET, SO THIS IS TRUE SURPLUS.

[00:30:02]

WATER CONSTRUCTION FUND HAD A PROJECT THAT DID NOT PROCEED.

IT WAS 60,000, AND SEWER CONSTRUCTION HAS ACTUALLY TWO PROJECTS.

IN THIS TOTAL, ONE OF THEM, WHICH IS ABOUT 275,000 FOR FILTERS WILL HAVE TO BE RE-APPROPRIATED IN THE NEXT FISCAL YEAR.

THE PROJECT IS OUT FOR BID.

BIDS DON'T COME BACK UNTIL JANUARY.

WHATEVER THE TOTAL OF THAT PROJECT IS, WE WILL HAVE TO REQUEST A RE-APPROPRIATION IN THE NEXT FISCAL YEAR.

THE FEMA FUND IS REDUCED BECAUSE WE WERE EXPECTING A DEPLOYMENT TO KENTUCKY.

THE BUDGET WAS CREATED FOR THAT.

WE ENDED UP NOT BEING DEPLOYED IN THE WAY THAT WE THOUGHT OUR OHIO TASK FORCE 1, SO WE'RE JUST CALLING THAT BACK.

THEN IN PUBLIC SAFETY POLICE AND FIRE.

THIS IS ACTUALLY WAS IMPROVEMENTS TO OUR DISPATCH CENTER, WHICH IS PROJECTS JUST ON HOLD FOR RIGHT NOW.

LASTLY, IN THE COMMUNITY REDEVELOPMENT FUND, THERE IS A SURPLUS OF $15,000 THAT WE ARE TAKING BACK.

THE SEWER DEPRECIATION RESERVE HAD A PROJECT THAT DID NOT PROCEED 415,000.

>> WITH THAT, WE RECOMMEND PASSAGE OF 37-25, AND WELCOME YOUR QUESTIONS.

>> WOW. THANK YOU.

>> THANK YOU.

WE WILL START COUNCIL QUESTIONS WITH COUNCILMAN DODD.

>> OKAY.

>> HOW DO I GO WITH THIS? SINCE I'M NEW TO THIS, SOME OF THESE PROJECTS THAT WERE COUNSELED OR WHATEVER, WILL THEY BE REAPPROPRIATED FOR NEXT YEAR?

>> THEY MIGHT BE. IT REALLY DEPENDS ON A FEW FACTORS.

FOR WATER AND SEWER RIGHT NOW, SOME OF THE REASON WHY WE PUT SOME OF THESE PROJECTS ON HOLD IS BECAUSE WE HAD CASH INSUFFICIENCY.

IN OTHER WORDS, WE DID NOT HAVE COMPLIANCE WITH THE OHIO REVISED CODE, BECAUSE THE FUND DID NOT HAVE ENOUGH FUND BALANCE.

SO UNTIL THE REVENUE PICTURE IMPROVES, WE ACTUALLY CANNOT REAPPROPRIATE IT BECAUSE WE DO NOT HAVE ENOUGH MONEY.

>> OKAY.

>> THAT'S SPECIFIC TO WATER.

ON SEWER SIDE, MOST OF THESE ARE DELAYS, AND ONE OF THEM WAS ACTUALLY A PROJECT THAT WAS FROM A PRIOR FISCAL YEAR, GOT REAPPROPRIATED, AND THEN DIDN'T PROCEED.

SO THERE'S SOME NUANCE THERE.

MAYBE THEY DECIDED TO HOLD ON.

THEY HAVE A MASTER PLANNING PROCESS RIGHT NOW.

SO I THINK MAYBE THE REQUEST WAS WHAT THEY THOUGHT THEY WANTED LAST YEAR.

THEY'RE GOING THROUGH THIS MASTER PLANNING PROCESS RIGHT NOW AND THEY PRESS THE PAUSE BUTTON SO THAT MASTER PLANNING PROCESS COULD BE COMPLETED.

SO AT LEAST THAT'S THE SEWER STORM SEWER SIDE OF THOSE PARTICULAR PROJECTS.

>> WITH ALL THESE DEDUCTIONS, THEN OUR INCOME WE'RE COMPLIANT WITH THE OHIO BECAUSE THEY'RE BALANCING OUT?

>> YEAH. SO THE GOAL IS NOT JUST THE CITY'S TOTAL PROJECTION, BUT WE HAVE TO EVERY SINGLE FUND HAS TO HAVE A POSITIVE BALANCE AT THE END OF THE YEAR.

IT HAS TO BE GREATER THAN ZERO AT THE END OF THE YEAR.

SO I CAN'T JUST, LIKE, TAKE SEWERS MONEY AND BALANCE THE WATER FUNDS.

SO THE DEDUCTIONS ARE REALLY BECAUSE YOU HAVE TO BALANCE OUT EVERY SINGLE FUND INDIVIDUALLY.

WE DO HAVE A LOT OF FUNDS FOR OUR APPROPRIATION SIDE, AND THAT JUST ADDS A LITTLE OF A CHALLENGE, A LITTLE BIT OF SPICE TO THE PORRIDGE.

IT DOES MAKE IT A BIT HARDER TO BALANCE, FOR SURE.

BUT IN TERMS OF OUR TOTAL REVENUES IN AUGUST OF THIS YEAR, AS PART OF OUR BUDGET PROCESS, I HAD A FORECAST THAT WAS ABOUT 96 MILLION.

I THINK WE WILL BE ABOUT A MILLION TO 1,500,000, AND THAT REALLY DEPENDS ON THAT PROFIT TAX THROUGH THE END OF THE YEAR.

YEAH. SO, YOU KNOW, WHAT HAPPENED IN OCTOBER AND NOVEMBER WITH INCOME TAX WAS WE WERE NOT GETTING WITHHOLDING FROM ONE OF OUR LARGEST WITHHOLDERS, BECAUSE OF THE FEDERAL SHUTDOWN, AND THAT HAS IMPACTED OUR REVENUE PICTURE IN A BIG WAY.

THAT'S DEFINITELY NOT SOMETHING THAT IN JULY AND AUGUST, WHEN WE DID THAT REVENUE FORECAST, WE COULD HAVE FORESEEN.

>> RIGHT. HOPEFULLY, NEXT YEAR, IT WON'T HAPPEN AGAIN.

>> I HOPE AND PRAY.

>> WELL, THANK YOU FOR ALL YOUR HARD WORK.

THIS IS VERY GOOD. THANK YOU.

>> THANK YOU.

>> APPRECIATE YOU TOO, HILLARY.

THANK YOU SO MUCH FOR THAT.

WITH THE DETAIL, COMES THE REASONING, THE CONTEXT BEHIND WHY WE'RE DOING WHAT WE'RE DOING.

IT WAS INTERESTING TO HEAR HOW THE SHUTDOWN AFFECTED US LOCALLY.

SOMETIMES WE THINK PAST THAT BECAUSE WE SAYS, HEY, IT'S FEDERAL GOVERNMENT, AND SO DOESN'T AFFECT US, BUT IT DOES.

SO I APPRECIATE YOU BRINGING OUT THOSE DETAILS.

SO ALL GOOD. THANK YOU.

>> THANK YOU. DO WE EXPECT TO RECOUP ANY OF THOSE WITHHOLDINGS?

>> SO WE EXPECT TO RECOUP SOME.

THERE ARE MANY UNKNOWNS, BECAUSE WHAT WE DON'T KNOW IS HOW MANY JOBS ARE IN THAT BASE.

THAT'S NOT THE BASE ITSELF, BUT THE TAX BASE.

SO JUST TO BE SPECIFIC.

WE DON'T REALLY KNOW HOW MANY JOBS ARE IN THAT TAX BASE BECAUSE IT IS

[00:35:04]

THE FEDERAL GOVERNMENT AND SOME OTHER DEFENSE CONTRACTORS ADJACENT TO THE FEDERAL GOVERNMENT.

THEY TEND TO KEEP THOSE JOBS NUMBERS UNDER THEIR HAT.

SO IT'S VERY, VERY HARD TO TELL.

WE ALSO HAD A NUMBER OF OTHER FACTORS THAT HAPPENED LIKE A REDUCTION IN FORCE ON THE FEDERAL SIDE, AND WE DO NOT KNOW HOW MANY OF THOSE JOBS ARE IN OUR TAX BASE EITHER.

SO I'M HOPEFUL THAT WE WILL SEE A REBOUND IN JANUARY WHEN THE RETRO PAYMENTS START TO CLEAR, BUT THERE'S GOING TO BE SOME LAG.

SO IF RETRO PAYMENTS CLEARED AT THE END OF NOVEMBER AND INTO DECEMBER, THEN WE MAY NOT SEE THAT UNTIL MIDDLE TO LATE JANUARY EARLY FEBRUARY.

SO THERE'S TYPICALLY ON THE WITHHOLDING SIDE, CAN BE UP TO A SIX-WEEK DELAY.

>> OKAY.

>> SO IT COULD BE A WHILE BEFORE WE REALLY KNOW WHAT THE IMPACT IS.

BUT WHEN IT FIRST HAPPENED, I WENT TO THE CITY MANAGER AND SAID, I THINK WE NEED TO HOLD BACK A BIT MORE CASH FOR THIS TO REALLY PLAN FOR IT.

WE HAD ACTUALLY PLANNED FOR ABOUT A $1.5 MILLION CASH CUSHION FOR THIS EXACT REASON BECAUSE WE DO NOT KNOW WHEN WITHHOLDING WILL START CLEARING AGAIN AT A NORMAL PACE.

>> UNDERSTOOD. THANK YOU SO MUCH.

>> NO. I APPRECIATE THE HARD WORK THAT YOU PUT IN.

SO YOU'VE ALREADY ANSWERED MY QUESTION ALREADY. THANK YOU.

>> THANK YOU.

>> YEAH. NO ADDITIONAL QUESTIONS. THANK YOU.

>> THANK YOU.

>> OBVIOUSLY, A LOT OF WORK WENT INTO THIS, HILLARY. THANK YOU VERY MUCH.

>> THANK YOU.

>> APPRECIATE IT. I HAVE NO FURTHER QUESTIONS EITHER.

OKAY. IS THERE A MOTION TO ADOPT ORDINANCE 37-25 DECLARING AN EMERGENCY?

>> SO MOVE.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL?

>> MR. ALLEN? YES.

>> MS. REASTER?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>> MS. STANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES. ORDINANCE 37-25 IS DULY ADOPTED.

NEXT, WE'LL MOVE ON TO ORDINANCE 38-25.

IS THERE A MOTION TO READ ORDINANCE 38-25 BY TITLE ONLY DECLARING AN EMERGENCY?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR, SAY AYE.

>> AYE.

>> OPPOSED?

>> ORDINANCE 38-25, AN EMERGENCY ORDINANCE DECLARING THE NECESSITY TO APPROPRIATE REAL PROPERTY INTEREST AND AUTHORIZING THE APPROPRIATION OF A FEE SIMPER INTEREST IN 0.002 PLUS MINUS ACRES AND A 24 MONTH TEMPORARY CONSTRUCTION EASEMENT AND REAL PROPERTY OWNED IN FEE BY TAMMY TES, TRUSTEE OF THE TES FAMILY LING TRUST, DATED AUGUST 21, 2018, BY WAY OF A QUICK TAKE FOR THE PUBLIC PURPOSE OF THE BROAD STREET PHASE 4 [INAUDIBLE] PROJECT AND AUTHORIZING LEGAL COUNSEL TO FILE SUIT TO APPROPRIATE SUCH REAL PROPERTY INTEREST AND DECLARING AN EMERGENCY.

MANUEL JACOBS, CITY ENGINEER PRESENTING.

>> GOOD EVENING, MR. MAYOR, AND MEMBERS OF COUNCIL.

MY PRESENTATION IS VERY SHORT AND SWEET.

I ACTUALLY HAVE FOUR ORDINANCES, ONE FOR EACH OF THE FOUR PROPERTIES THAT I'M BRINGING FORWARD TO YOU TODAY.

THIS IS MY THIRD COUNCIL MEETING IN A ROW, GOING OVER THE BROAD STREET FOR APPROPRIATION, SO I'M NOT GOING TO GO OVER THE SCOPE OF THE PROJECT.

I JUST A WANT TO SPEAK DIRECTLY TO YOU.

AS I HAVE OVER THE LAST HALF A YEAR.

WE HAVE A RIGHT AWAY CONSULTANT TEAM THAT HAS BEEN WORKING ON OBTAINING THE SIGNATURES AND APPROVALS FOR THESE EASEMENTS THAT ARE NECESSARY FOR THE CONSTRUCTION OF THE PROJECT FOR BROAD STREET PHASE 4.

THIS IS ALL FOLLOW IN STATE GUIDANCE.

WE HAVE APPROACH AND EXHAUSTED EVERY OPTION WE HAVE.

THERE ARE 26 PROPERTIES TOTAL THAT ARE GOING TO BE IMPACTED AND ARE NEEDING OF AN EASEMENT OF THOSE, WE HAVE OBTAINED SIGNATURES AND APPROVALS FOR 22 OF THEM.

THESE FOUR REMAINING PROPERTIES ARE THE LAST HOLDOUTS.

ONE OF THEM, ACTUALLY, AS OF THREE HOURS AGO, MAYBE MAY HAVE SIGNED.

SO WE MAY NOT NEED TO FULLY, TAKE A STEP FORWARD, BUT I STILL WANT TO BRING IT UP JUST IN CASE THAT THERE'S ANY ISSUE WITH THE PAPERWORK.

WE ARE STILL WORKING EVERY DAY, TRYING TO COMMUNICATE WITH THE PROSPECTIVE CORPORATIONS AND PROPERTY OWNERS, TRYING TO CONTINUE THE PROCESS.

UNFORTUNATELY, THOSE SAME STATE GUIDANCE, AS FAR AS RIGHT AWAY ACQUISITION GOES ALSO DICTATE THAT FOR US TO MAINTAIN THIS PROJECT ON SCHEDULE, APPROPRIATIONS ARE THE LAST STEP.

I'VE BEEN WORKING FOR THE LAST MONTH TO AVOID THIS POINT.

UNFORTUNATELY, WE HAVE TO START MOVING FORWARD AND START THE PROCESS, WHICH IS WHY I'M HERE TONIGHT FOR THESE EMERGENCY ORDINANCES.

THE FIRST ONE IS FOR 393 NORTH BROAD STREET.

IT'S THE WENDY'S PROPERTY.

ALL OF THESE ORDINANCES HAVE NOT BEEN AN ISSUE OF EXTENT OF WORK OR COMPENSATION.

[00:40:07]

IT IS STRICTLY AN ISSUE OF COMMUNICATION.

WHEN ESPECIALLY WITH THREE OF THEM, THEY ARE COMPANIES, ANYTIME WE SEND THEM ANY LEGAL DOCUMENTATION, IT DOESN'T GO TO THE MANAGER. IT DOESN'T GO TO THE OWNER.

IT GOES TO WENDY'S XQ.

IT'S GOING TO BE TO MCDONELL XQ, AND THE LEVEL OF REVIEW AND THE LAWYERS LOOKING AT IT.

THE COMMUNICATION, THERE'S NO OTHER WAY TO EXPLAIN IT, IT'S BEEN GLACIAL.

I MEAN, WE GENUINELY STARTED A COMMUNICATION WITH THEM 10 MONTHS AGO.

TEN MONTHS AGO, THAT'S WHEN, YOU KNOW, WE EXECUTED THE CONTRACT FOR THEIR ADDITIONAL RIGHT AWAY, WORK AND CONSULTATION, AND WE'RE STILL HERE, END OF THE YEAR WITHOUT THAT EASEMENT.

IT'S A VERY SLOW PROGRESS.

WE DO TRY TO ACCOMMODATE AND GIVE OURSELVES AS MUCH TIME AS WE HAVE.

UNFORTUNATELY, WE'VE REACHED THE END OF THE LINE.

I HAVE AN IMAGE HERE OF THE LOCATION.

IT'S THE WENDY'S RIGHT HERE AT THE CORNER OF HEBRON, JUST A FEW SECONDS AWAY.

WHAT WE HAVE HERE IS A SCHEMATIC OR A PROFILE FROM THE RIGHT AWAY ACQUISITION PAGE.

SO DUE TO THE EXTENT OF THE WORK THAT WE'RE GOING TO BE DOING AT THE ENTRANCE, WE'RE GOING TO ACTUALLY BE CLEANING UP THEIR ENTRANCE.

WE'RE GOING TO BE DOING SOME IMPROVEMENTS TO MAKE IT A LITTLE MORE MANAGEABLE AND SAFER AS WE HAVE TRAFFIC COMING IN OUT OF THE WENDY'S, RIGHT NOW, IT'S A BIT OF A DIVIDED RIGHT TURN AND MIDDLE LANE, AND IT'S NOT VERY WELL DEFINED.

WE'RE ALSO GOING TO BE DOING IMPROVEMENTS FOR THE TRAFFIC SIGNALS AT THE INTERSECTION.

SO ALL OF THAT WORK IS GOING TO NECESSITATE US TO REALLY WORK ON THE FRONT OF THEIR PROPERTY, WHICH IS WHY WE'RE TAKING AN EXTENSIVE TEMPORARY RIGHT AWAY TAKE.

THIS TEMPORARY EASEMENT, AGAIN, WE ARE NOT PURCHASING THE PROPERTY.

WE ARE JUST SIMPLY REQUESTING PERMISSION FOR A YEAR FOR THE CONTRACTOR TO BE ABLE TO WORK AND DO ALL THE NECESSARY GRADING, RESTORING, FIXING, ANYTHING AND EVERYTHING THAT WE NEED TO DO IN ORDER FOR WHEN WE COME IN FORWARD AND DO OUR PROJECT, THEIR PROPERTY IS NOT IMPACTED.

THE BLUE LINE HERE, WHICH MATCHES TO WHERE THE TRAFFIC SIGNAL POLL, THAT IS A PERMANENT TAKE.

THAT IS A VERY SMALL SECTION OF PROPERTY THAT WE ARE LOOKING TO PURCHASE.

THAT WAY OUR SIGNAL INFRASTRUCTURE IS NO LONGER IN PRIVATE PROPERTY.

IT IS FIRMLY ESTABLISHED IN OUR PROPERTY.

SO THAT IS PART OF WHY WE AS PART OF THE DESIGN, ARE LOOKING TO MAKE THIS PURCHASE.

WE HAVE SENT THEM THE DOCUMENTATION, WE HAVE SENT THEM ALL THE COMMUNICATION THAT WE BEEN ABLE TO.

UNFORTUNATELY, THERE HAS BEEN VERY LITTLE RESPONSE.

SO TAKING THE UNFORTUNATE LEGAL APPROACHES ARE ONLY OPTION.

SO THAT IS WHY I'M LOOKING TO REQUEST THIS ORDINANCE FORWARD.

THEN, YEAH, DO WE JUST GET THIS ONE AND THEN JUST GO THROUGH THE NEXT ONE?

>> THAT'S ENTIRELY UP TO YOU.

>> IT'S A BIT OF A LONG TITLE FOR EACH, SO I DON'T KNOW WHICH IS IT EASIER.

>> THEY ARE SEPARATE ORDINANCES.

>> THEY'RE ARE SEPARATE ORDINANCES, SO I DON'T KNOW IF WE WANT TO GO THROUGH.

>> JUST DO EACH ORDINANCE, PASS EACH ORDINANCE.

>> I MEAN, WHICHEVER ONE IS MORE CONVENIENT OR WHICHEVER ONE IS EASIER.

SO IF IT MAKES SENSE TO GO ONE BY ONE, AND I'LL STOP HERE.

>> ALL RIGHT. LET'S MOVE ON TO COUNSEL QUESTIONS FOR THIS ORDINANCE?

>> YEAH.

>> WE'LL START WITH COUNCILWOMAN CHESS.

>> I DON'T PARTICULARLY HAVE A LOT OF QUESTIONS, BUT THE PART THAT WE WANT TO PURCHASE, DO WE KNOW THE AMOUNT THAT [INAUDIBLE]

>> I BELIEVE THIS IS ON THE TITLE.

IT'S LIKE 0.002 ACRES.

THE ACTUAL FAIR MARKET VALUE OF THE PROPERTY BEING PURCHASED IS $464.

THAT IS ALL THE EXTENT OF WHAT WE'RE DOING.

THE TEMPORARY EASEMENT IS ABOUT $4,600.

THAT THEY WOULD BE COMPENSATED FOR PROVIDING US AND THE CONTRACTOR ACCESS IN ORDER TO MAKE THE NECESSARY REPAIRS AND IMPROVEMENTS.

>> OKAY, 'CAUSE I COMPLETELY AGREE WITH YOU BECAUSE GOING TO WENDY'S IS QUITE CHALLENGING AT TIMES COME OUT AND, YOU KNOW, TO REFURBISH IT AND MAKE IT BETTER IS COMPLETELY MAKES SENSE.

>> YEAH.

>> SO THAT'S THE ONLY QUESTION I HAD. THANK YOU, MANUEL.

>> I DON'T HAVE ANY QUESTIONS. THANKS.

>> BEING ONE THAT ACTUALLY DONE THIS BEFORE, YEAH, I UNDERSTAND YOUR HEARTACHE.

IT TAKES A LOT.

THE ONLY QUESTION I REALLY HAVE IS THE EASEMENT, HOW IS THAT GOING TO AFFECT WENDY'S? ARE THEY GOING TO BE ABLE TO STILL OPERATE?

>> WE WILL MAINTAIN OUR INTENT WITH THE PROJECT, AND WITH THE WENDY'S, AS WITH EVERY PROPERTY IS TO SCHEDULE AND FACE CONSTRUCTION IN SUCH A WAY THAT THEIR BUSINESS IS NOT INTERRUPTED.

WILL IT BE IMPACTED AND RESTRICTED? YES, BUT TRAFFIC WILL BE MAINTAINED, AND WE WILL IF WE NEED TO WORK ON ONE OF THE DRIVER APPROACHES, WE'LL PROBABLY JUST PLAY IT OVERNIGHT OR PLAY IT AFTER WORK HOURS SO THAT THEY CAN STILL WORK ON IT.

THE ONLY TIME THAT WILL BE IMMEDIATELY IMPACTED IS WHEN WE ARE WORKING ON IT,

[00:45:02]

AND WE WILL PHASE THE DRIVE APPROACH IN SUCH A WAY THAT THEY CAN STILL GET TRAFFIC AND DELIVERIES IN.

AS WITH EVERY OTHER BUSINESS IN THE OTHER PROJECTS THAT, YOU KNOW, OTHER PHASES OF BROAD STREET, WE ALWAYS TAKE STEPS TO MEET WITH THEM, LET THEM KNOW OF WHEN OUR CONTRACTOR IS GOING TO BE WORKING IN FRONT OF THE PROPERTY.

WE ASK FOR WHEN YOUR DELIVERIES ARE.

DO YOU HAVE ANY SPECIAL ACCOMMODATIONS? IS ANYTHING ELSE? WE DO EVERYTHING WE CAN TO MAKE SURE THAT OUR IMPACT ON THEM IS MINIMAL.

>> OH, THAT'S GREAT. APPRECIATE THAT. THANK YOU, MANUEL.

>> GREAT PRESENTATION. NO QUESTIONS, MANUEL. THANK YOU.

>> NO QUESTIONS OR COMMENTS. THANK YOU, MANUEL.

>> MY ONLY COMMENT IS I FREQUENTLY PURCHASE STUFF THERE, AND IT IS A CONFUSING INTERSECTION.

SO I'M GLAD TO SEE THAT WE'RE GETTING THAT FIXED.

I'VE NOTICED CARS OVER THE YEARS, NOT SURE IF THEY SHOULD GO OR NOT GO.

SO IT'S A GOOD THING THAT WE'RE FIXING THAT.

SO THANK YOU VERY MUCH FOR THAT.

>> YEAH.

>> OKAY. IS THERE A MOTION TO ADOPT ORDINANCE 38-25?

>> DECLARING AN EMERGENCY.

>> SO MOVE.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL?

>> MR. ALLEN?

>> YES.

>> MS. REASTER?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>> MS. STANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES.

>> ORDINANCE 38-25 IS DULY ADOPTED.

NEXT, IS THERE A MOTION TO READ ORDINANCE 9-25 TITLE ONLY DECLARING AN EMERGENCY.

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE?

>> AYE.

>> POST?

>> ORDINANCE 39-25, AN EMERGENCY ORDINANCE DECLARING THE NECESSITY TO APPROPRIATE REAL PROPERTY INTEREST, AND AUTHORIZING THE APPROPRIATION OF FEE SIMPLE INTEREST IN 0.004 PLUS OR MINUS ACRES IN A 24 MONTH TEMPORARY CONSTRUCTION EASEMENT IN REAL PROPERTY OWNED IN FEE SIMPLE BY PADMA REAL ESTATE, LLC, BY WAY OF QUICK TAKE FOR THE PUBLIC PURPOSE OF THE BROAD STREET PHASE 4 RIGHT OF WAY PROJECT, AND AUTHORIZING LEGAL COUNSEL TO FILE SUIT TO APPROPRIATE SUCH REAL PROPERTY INTEREST AND DECLARING EMERGENCY.

MANUEL JACOBS, CITY ENGINEER PRESENTING.

>> HELLO, AGAIN. MOVING ON TO THE NEXT ONE.

THIS IS OPPOSITE OF THE ONE.

THIS IS THE OTHER CORNER OF HEBBLE AND BROAD.

THIS IS 188 WEST HEBBLE AVENUE.

THIS IS A LITTLE BUSINESS PARK THAT I BELIEVE THERE'S A DENTIST, FINANCIAL OFFICES, AND A COUPLE OF OTHERS.

SIMILAR SITUATION.

WE HAVE A POLE INFRASTRUCTURE AND SIDEWALK WITH A UNDEFINED OR NOT AS WELL AS WE WOULD ONE RIGHT OF WAY.

WE'RE BRINGING A LOT OF IMPROVEMENTS IN THIS CORNER.

THIS IS A SCHEMATIC HERE, SO WE'RE OPENING UP THE RAMPS.

WE USED TO HAVE THESE I WOULD SAY, COMBINED RAMPS WHERE THE ADA RAMP SERVED CROSSING BOTH STREETS, O DOT GUIDANCE AND ADA GUIDANCE DON'T REALLY SUPPORT THAT.

THEY PREFER HAVING SEPARATE RAMPS.

WE ARE ACTUALLY INSTALLING INDIVIDUAL RAMPS FOR EACH DIRECTION.

MAKES IT SAFER FOR TRAVEL, IT'S LESS CLUTTERED AND CREATE SEPARATE PATH FOR EACH CROSSWALK.

IN ADDITION TO THAT, WE'RE OBVIOUSLY DOING IMPROVEMENTS FOR THE PEDESTRIAN CROSSWALK SIGNS AND THIS TRAFFIC SIGNAL THAT'S IN PLACE.

FOR THAT WORK THAT IS HAPPENING AT THIS INTERSECTION, WE ARE REQUESTING A TEMPORARY EASEMENT AND A PERMANENT TAKE HERE IN THE CORNER.

THE PROPERTY IT'S AWKWARD IN THE CORNER, BUT THESE ARE THE NECESSARY RIGHT OF WAY THAT WAS DETERMINED.

AGAIN, THIS IS ACTUALLY THE ONE THAT AS OF THIS AFTERNOON MAY HAVE SIGNED, SO WE SHOULD HOPEFULLY, IF EVERYTHING CHECKS OUT, NOT NEED TO MOVE FORWARD WITH IT.

BUT AGAIN, JUST CAME OUT A COUPLE OF HOURS AGO, SO I'M STILL GOING TO PRESENT THAT JUST IN CASE. THAT'S IT.

>> HEY. THANK YOU. WE'LL START, COUNCIL, QUESTIONS. COUNCILMAN DODD.

>> I DON'T HAVE ANY QUESTIONS. THANK YOU, MANUEL.

>> NO QUESTIONS, MANUEL. THANK YOU.

>> NO QUESTIONS. THANK YOU.

>> NO QUESTIONS. THANK YOU.

>> NO QUESTIONS. THANK YOU.

>> THIS IS FAIRLY SIMPLE. I DON'T HAVE ANY QUESTIONS EITHER.

>> ONE MORE COMMENT ON THIS ONE, I THINK ONE OF THE FEW THINGS THEY WERE HOLDING OUT THAT CANNOT SLOW DOWN THE NEGOTIATIONS UP UNTIL LAST SECOND, WE ACTUALLY DID GET A CHANCE TO COMMUNICATE WITH THE PROPERTY OWNER.

THERE WERE SOME CONCERNS OF THE IMPACT THE PROJECT WOULD HAVE ON THEM.

WE'VE ACTUALLY GONE AHEAD AND PREPARE A LETTER OF COMMITMENT FOR THIS SITE COMING FROM ME INDICATING THE EXTENT OF THE WORK.

I EXPLAINED TO THEM HOW THE MAINTENANCE OF TRAFFIC FOR THE PROJECT IS NOT GOING TO IMPACT THE FRONT OF THE PROPERTY.

ONE OF THE THINGS THEY WANTED TO GUARANTEE IS THAT THEIR SIGN IS NOT COVERED OR BLOCKED BY ANY GRAVEL PILE, MATERIAL, EQUIPMENT PARKED THERE.

THAT'S AN EASY REQUEST.

THE THIRD THING THEY REQUESTED FROM US SPECIFICALLY WAS, SHOULD THEY EVER RUN INTO ANY ISSUES OR ANYTHING TO GUARANTEE THAT

[00:50:01]

THE ENGINEERING DEPARTMENT WOULD PROVIDE ASSISTANCE TO ADDRESS ANY ISSUES THEY HAVE.

THAT IS A COMMITMENT I GIVE TO EVERY BUSINESS OWNER ON BROAD STREET, NOT JUST FOR THIS PROJECT, BUT FOR PHASE 3 WE HAVE WORKED.

ALL THEY NEED TO DO IS COME TO US.

OUR INSPECTORS ARE ON HAND.

THEY WILL KNOCK ON THE DOOR.

WE WILL DO EVERYTHING WE CAN TO MAKE SURE THAT THEY ARE ACCOUNTED FOR.

WE WERE MORE THAN HAPPY TO PROVIDE THOSE GUARANTEES IN A LETTER INDICATING THAT WE'RE GOING TO DO EVERYTHING WE CAN TO NOT IMPACT THEM.

I THINK WITH THAT LETTER I SENT LATE LAST WEEK, I THINK IT GOT US TO THE FINISH LINE.

AGAIN, HOPEFULLY, WE DON'T NEED TO MOVE FORWARD ON THIS ONE.

>> THANK YOU VERY MUCH FOR THAT CLARIFICATION.

IS THERE A MOTION NOW TO ADOPT ORDINANCE 39-25 DECLARING AN EMERGENCY?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER?

>> YES. MR. ALLEN?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>> MS. STANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES. ORDINANCE 39-25 IS DULY ADOPTED.

NEXT, WE'LL MOVE ON.

IS THERE A MOTION TO READ ORDINANCE 40-25 BY TITLE ONLY DECLARING AN EMERGENCY.

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE?

>> AYE.

>> OPPOSED?

>> ORDINANCE 40-25, AN EMERGENCY ORDINANCE DECLARING THE NECESSITY TO APPROPRIATE REAL PROPERTY INTEREST, AND AUTHORIZING THE APPROPRIATION OF A FEE SIMPLE INTEREST IN 0.004 PLUS OR MINUS ACRES, AND A 24 MONTH TEMPORARY CONSTRUCTION EASEMENT IN REAL PROPERTY OWNED IN FEE BY MCDONALD'S CORPORATION BY WAY OF QUICK TAKE FOR THE PUBLIC PURPOSE OF THE BROAD STREET PHASE 4 RIGHT OF WAY PROJECT.

AUTHORIZING LEGAL COUNSEL TO FILE SUIT TO APPROPRIATE SUCH REAL PROPERTY INTEREST AND DECLARING AN EMERGENCY.

MANUEL JACOBS, CITY ENGINEER PRESENTING.

>> YOU GUESSED IT. IT'S THE OTHER CORNER OF BROAD STREET AND HEBBLE.

WE'RE HAVING ISSUES.

IT'S THE MCDONALD'S.

NOT MUCH ELSE TO SAY THAT I HAVEN'T DESCRIBED IN THE OTHER ONES, BUT DUE TO THE PROPOSED AND PLAN IMPROVEMENTS THAT WE HAVE COMING WITH THE PROJECT, IN ADDITIONS TO UPDATING THE RAMS, DOING IMPROVEMENTS TO THE SIGNAL AND NEW SIDEWALK AND CURB THAT WILL NECESSITATE ADJUSTING GRADES ON THE GREEN SPACE OF THEIR PROPERTY.

WE HAVE BEEN REQUESTING A SIZABLE TEMPORARY EASEMENTS ALONG THE CORRIDOR AND A SLIVER OF THEIR PROPERTY TO BE FORMALLY ADOPTED INTO THE RIGHT OF WAY.

IT'LL BE A PERMANENT PURCHASE IN ORDER FOR OUR INFRASTRUCTURE TO BE WHOLLY MAINTAINED HERE IN OUR PUBLIC RIGHT OF WAY.

WE DON'T HAVE TO WORRY ABOUT EASEMENTS OR ANY OTHER ACCESS CONTROL WHEN IT WORKS TO WORKING ON OUR INFRASTRUCTURE.

IF WE WERE HAVING PROBLEMS WITH WENDY'S IN TERMS OF COMMUNICATIONS, EVERYTHING THAT WE HAVE, I'VE BEEN TOLD, AS FAR AS WORKING WITH MCDONALD'S IS EVEN SLOWER.

WE TRIED EVERYTHING. WE TRIED EVERY FORM OF COMMUNICATION THAT WE CAN, AND WE RUN OUT OF TIME.

I UNFORTUNATELY NEED TO MOVE AGAINST THIS PROPERTY AS WELL.

THAT'S REALLY IT.

AS FAR AS THE COST OF THIS, THIS IS PROBABLY ONE OF THE LARGER TEMPORARY TAKES THAT WE ARE REQUIRED.

THIS IS ABOUT $14,000 FOR THE TEMPORARY EASEMENT THAT THEY WOULD BE COMPENSATED, AND THE PERMANENT PURCHASE AT THE CORNER WOULD BE ABOUT $800.

>> THANK YOU FOR YOUR PRESENTATION.

WE'LL START, COUNCIL, QUESTIONS, COUNCILWOMAN CHESS.

>> I HAVE NO QUESTIONS. THANK YOU.

>> NO QUESTIONS. THANKS.

>> NO QUESTIONS. THANK YOU, MANUEL.

>> NO QUESTIONS, MANUEL. THANK YOU.

>> NO QUESTION. THANK YOU.

>> BY THE TIME THIS IS ALL DONE, THAT'S GOING TO BE ONE NICE CORNER.

EVERYTHING WILL BE FIXED.

IS THERE A MOTION TO ADOPT ORDINANCE 40-25 BY DECLARING AN EMERGENCY?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER?

>> YES.

>> MR. ALLEN?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>> MS. STANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES. ORDINANCE 40-25 IS DULY ADOPTED.

NOW, IS THERE A MOTION TO READ ORDINANCE 41-25 BY TITLE ONLY DECLARING AN EMERGENCY?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE?

>> AYE.

>> OPPOSED.

>> ORDINANCE 41-25, AN EMERGENCY ORDINANCE DECLARING THE NECESSITY TO APPROPRIATE REAL PROPERTY INTEREST, AND AUTHORIZING THE APPROPRIATION OF TEMPORARY CONSTRUCTION EASEMENT IN 0.062 PLUS MINUS ACRES, AND REAL PROPERTY OWNED IN FEE BY BFS RETAIL AND COMMERCIAL OPERATIONS BY WAY OF QUICK TAKE FOR THE PUBLIC PURPOSE OF THE BROAD STREET PHASE 4 RIGHT OF WAY PROJECT, AND AUTHORIZING LEGAL COUNSEL TO FILE SUIT TO APPROPRIATE SUCH REAL PROPERTY INTEREST,

[00:55:02]

AND DECLARING AN EMERGENCY.

MANUEL JACOBS, CITY ENGINEER PRESENTING.

>> LAST ONE, I PROMISED.

THIS ONE IS FOR THE FIRESTONE BRIDGE DOME SHOP JUST A LITTLE FURTHER NORTH ON BROAD STREET FROM THE INTERSECTION WE'VE BEEN TALKING ABOUT.

THIS ONE IS A TEMPORARY TAKE.

AGAIN, WE'RE NOT ACTUALLY PURCHASING PROPERTY, BUT DUE TO THE NATURE OF THE IMPROVEMENTS THAT WE'RE GOING TO BE HAVING IN THE CORRIDOR, PARTICULARLY FOR THE INSTALLATION OF NEW STORM AND WATERLINE AND NEW INFRASTRUCTURE.

IT'S HARD TO TELL IN THIS PICTURE, BUT THERE'S A LITTLE BIT OF A GRADE DROP ON IT.

AS WE RE ESTABLISH THE ROAD AND SIDEWALK AND NEW DRIVE APPROACHES, IT'S NO WAY OF INSTALLING THIS WITHOUT IMPACTING THEIR GREEN SPACE, THEIR LAND.

AGAIN, DUE TO STATE GUIDANCE BECAUSE WE ARE GOING TO BE MAKING NECESSARY IMPROVEMENTS HERE, WE HAVE TO RESTORE IT.

IN ORDER TO ACCESS THEIR PROPERTY, THAT'S WHAT THESE TEMPORARY EASEMENTS REALLY ARE FOR.

IT IS TO ALLOW OUR CONTRACTOR TO BE LIABLY RESPONSIBLE OF EVERYTHING THAT THEY ARE INSTALLING IN OUR RIGHT OF WAY.

SHOULD ANY OF IT DAMAGE OR IMPACT THAT PROPERTY, THEY HAVE THE RESPONSIBILITY AND HAVE ILLEGAL ACCESS TO RESTORE THAT PROPERTY TO WHAT IT WAS.

THAT'S REALLY THE GOAL HERE.

WE'RE REALLY TRYING TO PROVIDE PROTECTION TO ALL THESE PROPERTY OWNERS THAT OUR PROJECT IS NOT GOING TO DAMAGE THE PROPERTY.

IF THERE IS ANY DAMAGE OR THEY DRIVE ON THE GRASS, OR THEY TEAR IT UP WHEN REPLACING CONCRETE, IT WILL BE RESTORED AND PUT BACK.

WE ARE COMPENSATING THEM FOR THE INCONVENIENCE.

WE JUST HAVEN'T HAD GOOD LUCK ON GETTING A SIGNATURE FOR THE EASTMAN, SO WE NEED TO MOVE FORWARD WITH APPROPRIATIONS IN THE LAST ONE AS WELL.

>> THANK YOU, MANUEL. WE'LL START, COUNCIL, QUESTIONS. COUNCILMAN ALLEN.

>> JUST THANK YOU AND YOUR DEPARTMENT FOR ALL THEIR HARD WORK. LOOKS GOOD.

>> I'M LOOKING FORWARD TO BROAD STREET BEING DONE.

>> I'VE BEEN WORKING ON IT FOR 10 YEARS, SO I'M ALSO LOOKING FORWARD TO IT BEING DONE IT.

>> THE WORK THAT'S BEEN DONE ON BROAD STREET UP TO THIS POINT HAS BEEN FANTASTIC.

I'M LOOKING FORWARD TO JUST MARRYING THIS PROJECT UP AND BEING DONE. THANK YOU SO MUCH.

>> NO QUESTIONS OR COMMENTS. THANK YOU.

>> I HAVE NO QUESTIONS, BUT I'M REALLY APPLAUDING YOU FOR YOUR PATIENCE WITH THE OWNERS.

KEEP UP THE GOOD WORK. THANK YOU.

>> THANK YOU.

>> NO QUESTIONS. THANK YOU.

>> I HAVE NO QUESTIONS EITHER, MANUEL.

THANKS FOR ALL THE WORK THAT'S GONE INTO THIS.

IS THERE A MOTION TO ADOPT ORDINANCE 41-25 DECLARING AN EMERGENCY?

>> SO MOVED.

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER?

>> YEAH.

>> SORRY, SYLVIA. MS. CHESS?

>> YES.

>> MS. REASTER. MS. STANTON?

>> YES.

>> ALL RIGHT. MR. ALLEN?

>> YES.

>> MR. DODD?

>> YES.

>> MR. KIRKPATRICK?

>> YES. ORDINANCE 41-25 IS DULY ADOPTED.

THANK YOU. LET'S SEE.

MOVING ON HERE.

IS THERE A MOTION TO READ ORDINANCE 42-25 FOR THE FIRST TIME BY TITLE ONLY.

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE?

>> AYE.

>> POST?

>> ORDINANCE 42-25, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FROM L1 LIGHT INDUSTRIAL TO PUD, PLANNED UNIT DEVELOPMENT, AND APPROVING THE PRELIMINARY PUD PLAN AND FINAL PLAT FOR APPROXIMATELY 15.804 ACRES LOCATED AT 2285 COMMERCE CENTER BOULEVARD FOR THE DEVELOPMENT OF A 212 MULTIFAMILY RESIDENTIAL DWELLING UNITS.

>> THANK YOU, MIKE. WE WILL SET THE PUBLIC HEARING FOR ORDINANCE 42-25 FOR MONDAY, JANUARY 5, 2026.

MOVING ALONG. IS THERE A MOTION TO READ RESOLUTION 62-25 BY TITLE ONLY?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE?

>> AYE.

>> POST?

>> RESOLUTION 62-25.

A RESOLUTION APPROVING A PRELIMINARY PLAN UNIT DEVELOPMENT, PUD, MODIFICATION PLAN AND FINAL PLAT FOR LOT SPLITS LOCATED AT 216 THROUGH 260 EAST DAYTON, YELLOW SPRINGS ROAD, CREATING FIVE CITY LOTS.

KATHLEEN RIG, CITY PLANNER PRESENTING.

>> GOOD EVENING. THIS IS A PROPOSED LOT SPLIT.

THIS SHOWS IS AT THE FIVE POINTS INTERSECTION NEAR THERE, BUT SHOWS WHERE THESE FIVE LOTS ARE AT.

THE OWNER AND APPLICANT,

[01:00:01]

ZACH WILLIAMS WITH COBBLESTONE CAPITAL.

THIS SITE IS LOCATED, LIKE I SAID, IN THE FIVE POINTS INTERSECTION, SOUTH OF DAYTON YELLOW SPRINGS ROAD, EAST OF BEAVER VALLEY, WEST OF CHAPEL, AND NORTH OF LANDMARK.

THE ZONING IS PLAN UNIT DEVELOPMENT, AND IT'S SURROUNDED BY ADDITIONAL PLAN UNIT DEVELOPMENT AS WELL AS NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL USES SUCH AS OUR SUBURBAN RESIDENTIAL, WHICH IS THIS YELLOW, AND THEN THE BROWN, WHICH IS MEDIUM DENSITY RESIDENTIAL.

REALLY, WHAT'S PROPOSED, LIKE I SAID, THIS IS A REPLAT.

THIS SITE CAME BEFORE YOU A COUPLE OF MONTHS AGO WHERE THEY SPLIT OFF ACTUALLY THIS LOT HERE, FOR THE DUTCH BROTHERS COFFEE COMPANY.

NOW, REALLY THE OWNER JUST WANTS TO SPLIT OFF SOME ADDITIONAL LOTS FOR MORE DEVELOPMENT.

I THINK HE'S REALLY JUST TRYING TO KEEP THE MOMENTUM GOING AT THIS INTERSECTION.

WE HAVE LOT 9910, WHICH WILL BE 0.94 ACRES, WHICH IS JUST SOUTH OF THE CURRENT CVS THEN THE REST OF THIS LOT WILL REMAIN, AND IT MAY COME BACK AS A LOT SPLIT IN THE FUTURE.

BUT FOR NOW, IT'LL BE 3.16 ACRES.

THEN WE HAVE 9912, WHICH IS 2.4 ACRES, 9913, WHICH IS 1.47 ACRES, AND THEN THE REMAINDER LOT 9914, WHICH WILL BE THREE ACRES.

THE CROSS ACCESS EASEMENTS THAT CAME UP IN THE PREVIOUS LOT SPLIT STILL APPLY TO THIS ONE.

THOSE WILL ACTUALLY BE FORMALIZED PRIOR TO ANY BUILDING PLANS ASSOCIATED WITH DUTCH BROTHERS, BUT THOSE WILL INCLUDE THEN THESE LOTS ALSO.

REALLY, THAT WAS ALSO DRIVING THIS LOTS FOR IT, AS WELL, WAS THOSE ACCESS AGREEMENTS THAT NEED TO GET IN PLACE.

WE DO HAVE STANDARDS FOR REVIEW FOR A PRELIMINARY PUD PLAN.

REALLY, THE APPLICABLE STANDARDS WERE MET FOR THIS SITE.

THE PROPOSAL REALLY COMPLIES WITH THE PURPOSE INTENT OF THE PUD, AND THE USES WILL STILL BE CONSISTENT WITH THE OVERALL DEVELOPMENT GOALS IN THIS AREA.

FOR ANY FUTURE USES ON THESE LOTS AT THIS SITE WILL ALSO STILL CONTINUE TO FALL UNDER THOSE EXISTING NEIGHBORHOOD COMMERCIAL USES THAT ARE LISTED WITHIN THAT ZONING DISTRICT.

THAT'S THE UNDERLYING COMMERCIAL DISTRICT IN THAT AREA, AS WELL AS THOSE USES ASSOCIATED WITH MEDIUM DENSITY RESIDENTIAL.

THOSE ARE THE UNDERLYING RESIDENTIAL USES BECAUSE WE'VE TALKED ABOUT BOTH RESIDENTIAL AND COMMERCIAL USES ON THIS SITE AS A WHOLE.

THERE'S A LOT OF OPPORTUNITY THERE, I THINK, MOVING FORWARD.

THOSE STILL REMAIN IN PLACE.

JUST WANTED TO LET YOU KNOW THAT.

I DID HEAR SOME FEEDBACK FROM THE OWNERS OF THE DONADOS, WHO JUST WANTED TO KNOW, LIKE I SAID, IF THOSE ACCESS AGREEMENTS HAD BEEN APPROVED AND RECORDED.

THEY HAVEN'T YET, BUT WE WILL MAKE SURE THAT THOSE ARE RECORDED PRIOR TO THE APPROVAL OF ANY BUILDING PLANS ASSOCIATED WITH THIS SITE.

BUT PLANNING BOARD DID RECOMMEND APPROVAL AT THEIR DECEMBER 9 MEETING WITH THOSE CONDITIONS REGARDING THE ACCESS AGREEMENTS, AND THEN THAT THE LOTS ARE THEN RECORDED WITH GREEN COUNTY.

ARE THERE ANY QUESTIONS?

>> BEFORE WE COME TO COUNCIL FOR QUESTIONS, RESOLUTION 62-25 DOES REQUIRE A PUBLIC HEARING.

ANYONE WISHING TO SPEAK TO RESOLUTION 6225, PLEASE COME FORWARD AT THIS TIME.

>> YOU'RE NOT COMING FORWARD.

WE'LL COME BACK TO COUNSEL FOR QUESTIONS STARTING WITH COUNSELING.

>> I JUST HAVE A COUPLE OF QUESTIONS FOR YOU, KATHLEEN.

FIRST OF ALL, I REMEMBER BACK PLANNING BOARD DAYS 9914, WE APPROVED TOWN HOMES TO BE THERE.

[OVERLAPPING] WHAT HAPPENED TO THAT PROJECT?

>> THEY WENT THROUGH AN APPROVAL FOR A PRELIMINARY PLAN FOR USES, AND IT WAS A RESIDENTIAL USE FOR MULTIFAMILY, AND THEY APPROVED SOME DESIGN GUIDELINES.

I THINK THEY'RE TRYING TO GIVE THEMSELVES AN OPPORTUNITY, WHERE THEY SEE THAT THEY THINK THAT THIS LAND WILL BE MORE COMMERCIALLY DEVELOPED THAN PROBABLY LEAD TO THAT RESIDENTIAL USE.

I THINK THEY'RE TAKING THE MOMENTUM THAT THEY'RE GAINING WITH THE DUTCH BROTHERS COFFEE THAT'S GOING IN THERE AND DIVIDING UP THOSE AT LEAST THE TWO LOTS IN FRONT, DIVIDING THOSE IN HALF AND JUST TRYING TO SEE WHAT COMES FROM THAT.

>> I WAS JUST CURIOUS ABOUT THAT THOSE APARTMENTS OR WHATEVER, THOSE HOMES.

PARKING FOR THE STORAGE UNIT.

[01:05:01]

IS THAT MAP GOING TO ALLOW ENOUGH PARKING FOR THE PARKING OR FOR THE STORAGE FACILITY?

>> THE STORAGE FACILITY HAS PARKING ON THE WEST SIDE OF THEIR SITE AS WELL AS IN THE FRONT.

THIS WAS ALL TIED IN WITH THIS ORIGINAL LOT SPLIT WHEN THAT STORAGE UNIT WAS SPLIT OFF. [OVERLAPPING] SO IT DOES?

>> IT DOES FIT YOUR REQUIREMENTS?

>> YES.

>> OKAY. NO OTHER QUESTIONS. THANK YOU, KATHLEEN.

>> NO QUESTIONS, KATHLEEN. THANK YOU.

>> NO QUESTIONS. THANK YOU, KATHLEEN.

>> NO QUESTIONS. I'M JUST HAPPY TO SEE THAT PROPERTY OWNERS ARE TAKING THE INITIATIVE TO BE ABLE TO OPEN UP THEIR PROPERTY UP FOR DEVELOPMENT LIKE THAT AS THE DUTCH BROTHERS.

I'M HOPING THAT IN OTHER LOCATIONS OF WHAT WE HAVE, THAT MUCH PROPERTY THAT IS VACANT, THAT THE PROPERTY OWNERS WILL ACTUALLY TAKE THE SAME INITIATIVE AND MOVE FORWARD IN THAT CONCEPT.

THAT'S REALLY GOOD. THANK YOU VERY MUCH.

>> WHAT'S THE IS IT FIVE ACRES? ANYTHING UNDER FIVE ACRES DOESN'T REQUIRE, LIKE, A STORM WATER PLAN.

>> THIS ALSO DOES NOT REQUIRE A STORM WATER PLAN, BECAUSE IT'S AN EXISTING SITE.

THIS SITE AS YOU SEE, IS COMPLETELY COVERED.

ACTUALLY MOST DEVELOPMENT THAT WILL HAPPEN, THERE WILL ACTUALLY WILL BE PROBABLY LESS WATER DRAINING OFF JUST WITH OUR LANDSCAPING, STANDARDS THAT WE TRY TO WORK WITH DEVELOPMENTS.

BUT BECAUSE OF WHAT IS CURRENTLY EXISTING, I BELIEVE BUT THAT'LL COME WITH FUTURE DEVELOPMENTS.

THIS WILL COME BACK TO PLANNING BOARD AND COUNCIL WHEN THAT DEVELOP, WHATEVER DEVELOPS ON THESE LOTS.

THEY'LL HAVE TO MEET ALL OF THOSE STANDARDS AT THAT TIME, AND WE'LL ASK THOSE QUESTIONS SPECIFICALLY.

>> YEAH, I GUESS THAT'S WHY I WAS LIKE, I SAW THE SMALLER LOT SIZES, AND LIKE YOU SAID, I MEAN, I'M AWARE THAT THAT'S LIKE A TOTALLY PAVED OVER SPACE ANYWAY.

BUT I JUST WAS CURIOUS IF THAT MEANT THAT SOME OF THEM ARE SMALL ENOUGH THAT THERE WOULDN'T HAVE TO BE A REVIEW, OR IS IT BECAUSE IT'S LIKE A WHOLE QD THAT WE DO [OVERLAPPING] ABILITY.

>> RIGHT. I THINK THIS LOT HERE WAS THE ONE THAT WAS LIKE 0.94 ACRE WAS RIGHT UNDER THAT ONE ACRE.

IT REALLY IS WHERE IT ALIGNS.

I DON'T THINK THERE'S AN INTENTIONAL.

IT'S NOT INTENTIONALLY TRYING TO GET AROUND THE REGULATIONS.

BUT IT REALLY IS JUST WHERE IT ALIGNS WITH THIS DRIVE BECAUSE THEN THAT DRIVE IS ASSOCIATED WITH THIS LOT TO THE SOUTH.

>> YEAH [OVERLAPPING] TO BE ABLE TO REVIEW IT.

>> YEAH.

>> LIKE YOU SAID THE NEW REQUIREMENTS FOR VEGETATION OR WHATEVER IT IS PROBABLY JUST GOING TO IMPROVE IT.

ANYWAY. THEN JUST ABOUT THIS BECAUSE THIS CAME UP.

DO I REMEMBER RIGHT WHEN THE STORAGE FACILITY WENT IN, THEY SAID THEY WERE GOING TO PLANT A MEDIAN WITH OAK TREES.

I WAS JUST CURIOUS IF THAT IF ANYBODY KNOWS IF THAT HAPPENED.

OR, AM I MISREMEMBERING?

>> I WOULD HAVE TO GO BACK AND LOOK. [LAUGHTER].

>> OKAY.

>> IT'S BEEN A LITTLE WHILE.

I DID NOT RESEARCH ALL OF THAT BEFORE I CAME HERE.

BUT I CAN DEFINITELY CHECK INTO THAT AND LET YOU KNOW.

>> WELL, AND I DRIVE BY THERE, BUT I JUST DON'T EVEN THINK TO LOOK, BUT I REMEMBER BEING EXCITED WHEN THEY FIRST DID THAT.

WE LIKE THE VEGETATION.

THAT'S SPRUCE THAT CORNER UP.

IT'S IT'S SO NICE TO SEE THIS HAPPENING.

I LIVE OVER IN THAT AREA, AND IT'S BEEN A DEPRESSING THING TO DRIVE BY FOR A LONG TIME.

>> RIGHT. IT DEFINITELY.

>. YEAH, HAPPY TO SEE THIS HAPPENING. THANKS.

>> THANK YOU. IT IS EXCITING TO SEE THE DEVELOPMENT.

I MEAN, FROM THE KMART, KROGER, DOAN FABRICS, THAT WE'RE ALL IN THERE TO SEE THE EVOLUTION OF THIS AND TO SEE SOME FINAL, GOOD, SOLID PLANS, KUDOS TO YOUR STAFF FOR PULLING THIS OFF.

SO THANK YOU. IS THERE A MOTION TO ADOPT RESOLUTION 62-25? [OVERLAPPING].

>> SECOND.

>> JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. ALLEN?

>>YES.

>> MR. DODD?

>> YES.

>> MS. STANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES. RESOLUTION 62-25 IS DULY ADOPTED.

NEXT, IS THERE A MOTION TO READ RESOLUTION 63-25 BY TITLE ONLY?

>> SO MOVED.

>> SECOND.

>> ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED.

>> RESOLUTION 63-25, A RESOLUTION OF THE CITY OF FAIRBURN, GREEN COUNTY, OHIO, AUTHORIZING THE DISMISSAL AND WAIVER OF THE CITY'S PORTION OF DELINQUENT REAL PROPERTY TAXES AND ASSESSMENTS, INCLUDING PENALTIES AND INTEREST FOR THE PROPERTY FORMERLY KNOWN AS SKYWAY PLAZA, LOCATED ON KAUFMAN AVENUE, PARCEL ID A 02-0001-0-0019-00.

SHERI SHELL DEVELOPMENT DIRECTOR PRESENTED.

>> GOOD EVENING, MAYOR. MEMBERS OF COUNCIL.

HOPEFULLY, THE LAST PIECE TO THE SKYWAY PUZZLE BEFORE WE CAN SEE SOME THINGS HAPPENING.

[01:10:01]

SO FOR BACKGROUND, THE MAIN PART OF THE ASSESSMENT IS FOR THE DEMOLITION OF THE OLD ELDER BERMAN FURNITURE STORE.

IN APRIL OF 2014, THE CITY WAS NOTIFIED THAT A PORTION OF THE ROOF OF THAT VACANT ELDER BERMAN BUILDING HAD COLLAPSED.

AS PER OUR PROCESSES, A LETTER OF CONDEMNATION, AND NUISANCE ABATEMENT WAS SENT TO THE PROPERTY OWNER.

THE PROPERTY OWNER AT THAT TIME, WORKED WITH HER INSURANCE COMPANY TO DETERMINE IF THE BUILDING COULD BE REPAIRED.

ULTIMATELY, THE DETERMINATION WAS MADE IN OCTOBER OF 2014 BY A STRUCTURAL ENGINEER THAT THAT BUILDING WAS IN DANGER OF COLLAPSE DUE TO A LARGE HOLE IN THE ROOF.

SO THE CITY SOLICITED BIDS IN ACCORDANCE WITH OUR PROCESSES FOR THE DEMOLITION OF THE STRUCTURE, WHICH WAS COMPLETED IN AUGUST OF 2015 FOR A COST OF $215,625.

SUBSEQUENTLY, THAT PROPERTY WENT THROUGH THE SHERIFF SALE TWICE AND WAS NOT THERE WERE NO BIDS RECEIVED.

THAT IS HOW THE CITY ULTIMATELY ENDED UP WITH THE PROPERTY.

THERE ARE ASSESSMENTS ON THE PROPERTY OF $554,842.50, INCLUDING PENALTIES AND INTEREST FOR THE DEMO, AS WELL AS $1,103.89 FOR WEED MOWING, WHICH ALSO INCLUDES PENALTIES AND INTEREST.

THE OHIO REVISED CODE SECTIONS REFERENCE THERE AUTHORIZE A MUNICIPAL CORPORATION TO REQUEST AND CONSENT TO, IN THIS CASE, DISMISSAL AND WAIVER OF DELINQUENT REAL PROPERTY TAXES ASSESSMENTS, PENALTIES AND INTEREST, IN FURTHERANCE OF LAND RE-UTILIZATION AND REDEVELOPMENT EFFORTS, WHICH IS WHAT WE ARE ATTEMPTING TO DO WITH THIS PROPERTY.

STAFF REQUEST CITY COUNCIL APPROVE AND AUTHORIZE THE DISMISSAL AND WAIVER OF THE CITY OF FAIRBURN PORTION OF ALL DELINQUENT REAL PROPERTY TAXES AND ASSESSMENTS, INCLUDING ALL ASSOCIATED PENALTIES AND INTEREST LEVIED AGAINST THE PROPERTY, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU. WE'LL START COUNSEL QUESTIONS WITH COUNCILWOMAN CHESS.

>> NO, YOU HAVE WORKED REALLY LONG AND HARD ON THIS PROJECT.

IT HAS A LONG TIME COMING AND IT'S EXCITING TO SEE WHAT THE NEXT PHASE IS.

WE CERTAINLY DO APPRECIATE YOUR HARD WORK. THANK YOU.

>> THANK YOU.

>> AGREED. I MEAN, IT'S A BUMMER THAT THE PERSON THAT OWNED THE PROPERTY, COULDN'T PAY FOR ALL THAT STUFF, BUT YOU'VE DONE A REALLY GOOD JOB LINING UP ECONOMIC DEVELOPMENT FOR THAT SPOT. THANK YOU YOU.

>> THANK YOU, SERIES. THAT VERY GOOD PRESENTATION.

THANK YOU. SURE. THIS IS A KEY PIECE OF REAL ESTATE FOR US.

WE PUT THIS IN OUR STRATEGIC ECONOMIC DEVELOPMENT PLAN AS A GAME CHANGER IN A LOT OF WAYS TO GET THE RIGHT BUSINESS IN THERE.

THE EVOLUTION OF THAT SPOT IS AMAZING.

I USED TO HAVE A BUSINESS IN THAT SPOT, IT'S REALLY COOL.

THE COMMUNITY CENTER WAS IN THAT SPOT AT ONE POINT IN TIME.

IT'S GREAT TO SEE THE EVOLUTION. THANK YOU.

>> I AM SUPER EXCITED TO SEE US GET ONE STEP CLOSER TO THE INCREDIBLE DEVELOPMENT THAT LAYS AHEAD FOR THAT PROPERTY.

THANK YOU, SHARI. I APPRECIATE.

YOU AND YOUR TEAM'S WORK ON THAT.

>> THANK YOU.

>> DITTO TO EVERYTHING.

THIS IS GOING TO BE HUGE FOR NOT JUST FOR THE CITY OF FAIRBURN, BUT FOR THE ENTIRE REGION WITH OUR TIES TO RIGHT PART AND WHAT THAT SITE WILL BE USED FOR.

GREAT JOB. REALLY DO APPRECIATE ALL YOUR WORK ON IT.

IS THERE A MOTION TO ADOPT RESOLUTION 63-25?

>> SO MOVED.

>> SECOND.

>>JULIE, PLEASE CALL THE ROLL.

>> MS. REASTER?

>>YES.

>> MR. HEWITT?

>> YES.

>> MS. CHESS?

>> YES.

>> MR. DODD?

>> YES.

>>MISS DANTON?

>> YES.

>> MR. KIRKPATRICK?

>> YES. RESOLUTION 63-25 IS DULY ADOPTED.

NEXT, WE WILL OPEN UP CITIZENS COMMENTS.

[VII. Citizens Comments]

ANYONE WISHING TO SPEAK, PLEASE COME FORWARD AND PROVIDE YOUR NAME AND ADDRESS.

PLEASE LIMIT YOUR COMMENTS TO 5 MINUTES.

>> GOOD EVENING, MAYOR AND COUNCIL, PAM GAYHEART 12 OH ONE ARTESIAN LANE.

HONESTY AND INTEGRITY MATTER.

I CARE VERY DEEPLY ABOUT FAIRBURN.

WE HAVE SO MANY IMPORTANT ISSUES IN THE COMMUNITY THAT WE NEED TO BE FOCUSED ON, AND WE LOOK TO LEADERS TO REPRESENT OUR COLLECTIVE BEST INTERESTS.

THE ISSUE THAT WE HAVE AT HAND IS COUNCILWOMAN CHESS BEING DISHONEST ABOUT OUR COMMUNITY.

WE HAVE GROWN AS A COMMUNITY, AND THERE IS STILL A LOT OF WORK TO DO.

BUT TALKING ABOUT FAIRBURN IN THE 70S AND 80S DOES NOT CHANGE TODAY AND WHO WE ARE TODAY.

WE NEED TO MOVE FORWARD,

[01:15:01]

FOCUS ON OUR COMMUNITY AND DO WHAT IS BEST FOR EVERYONE.

HONESTY AND INTEGRITY MATTER IN ALL THINGS.

GROWTH REQUIRES COURAGE BLENDED WITH TOLERANCE AND HONESTY COMBINED WITH HUMILITY? WHEN WE KNOW BETTER, WE NEED TO DO BETTER.

IF YOU'RE GOING TO SPEAK IN UNTRUTHS, THEN YOU NEED TO BE PREPARED TO BE CHALLENGED.

FALSE STATEMENTS AND MISINFORMATION WILL BE CHALLENGED.

BECAUSE I CARE, AND I BELIEVE THAT IT IS NOT IN THE BEST INTERESTS OF FAIRBURN.

WHEN WILL YOU BE HONEST ABOUT WHAT YOU'VE SAID? IF WE ARE A SUBPAR AND PROBLEMATIC AS A COMMUNITY, HOW DOES LYING MAKE US BETTER? AND WHY DO YOU WANT TO SERVE? THANK YOU.

>> ANYONE ELSE WISHING TO SPEAK TO COUNSEL?

>> JAMES DOUGLAS CHESS, 455 CORONADO DRIVE, FAIRBURN, OHIO.

1913 NOBEL PRIZE WINNER IN LITERATURE, RAY BAN RAY NE TANGER WROTE.

THE ONE WHO PLANTS TREES KNOWINGLY THAT THEY'LL NEVER SIT IN THE SHADE HAS AT LEAST STARTED TO UNDERSTAND THE MEANING OF LIFE.

A COUPLE OF WEEKS AGO, I PASS ENCOUNTERED SLASH ISSUES I HAD WITH CITIZENS IN FAIRBURN.

LET ME ELABORATE ON SOME THINGS THAT I DIDN'T GET A CHANCE TO SAY.

I AM A MILITARY BRAT, SERVED IN THE MILITARY FOR 24 YEARS.

I HAVE ENCOUNTERED VARIOUS TYPES OF PEOPLE, DIFFERENT BACKGROUNDS AND BELIEFS.

WHEN I JOINED THE MILITARY, I TOLD MYSELF I WOULD NEVER RETURN TO FAIRBURN TO LIVE BECAUSE OF WHAT I ENCOUNTERED.

HOWEVER, MY WIFE, CITY COUNCILWOMAN CHESS, CONVINCED ME IN 2018 THAT FAIRBURN HAD CHANGED TO THE PEOPLE SHE HAD MET AND TALKED TO.

WITH THE DIVERSE COMMUNITY THAT WE ARE NOW, THOSE EXPERIENCE DO NOT EXIST ANYMORE.

SO HERE WE ARE, FAIRBURN, MAKING AN INVESTMENT IN THE COMMUNITY, THE BEST WE KNOW HOW. BUT THEN IT HAPPENED.

SOMETIME IN 2019, 2020.

I CAME BEFORE THE CITY COUNCIL BECAUSE A YOUNG MAN CAME BEFORE THE COUNCIL TO VOICE HIS CONCERN BECAUSE HE FELT THAT HE HAD BEEN UNJUSTLY PULLED OVER BY A TRAFFIC VIOLATION AND THE WAY IT WAS HANDLED.

THIS INDIVIDUAL HAPPENED TO BE BLACK AND HELD IN BREAK UP MAJOR AT THE BASE AND HOW THAT INCIDENT WAS GOING ABOUT TO AFFECT HIS CAREER.

I CAME BEFORE THE COUNCIL TO EXPRESS MY CONCERN AND HOW THIS INCIDENT LOOKED FAMILIAR TO ME.

I HOPE THAT IT WAS NOT THE MENTALITY OF THE CITY AND THE WAY HE HAD BEEN TREATED.

NOW, LET'S TALK ABOUT PRESENT DAY.

OVER THE LAST FIVE YEARS, CITY COUNCILWOMAN CHESS HAS BEEN SUBJECT TO UNCALLED HARASSMENT, NAME CALLING, AND PERSONAL SCRUTINIZATION, BY A FRACTION OF A POPULATION IN FAIRBURN.

WHEN ASKED TO SPEAK BEFORE HER ALUMNI ABOUT HER EXPERIENCE, RUNNING FOR THE CITY COUNCIL IN FAIRBURN, SHE TOLD THE TRUTH ABOUT HER EXPERIENCE, WHICH WAS REAL RECEIVED BY THE AUDIENCE IT WAS ATTENDED TO.

THE SPEECH SHE GAVE WOULD HAVE BEEN THE SAME EXACT SPEECH I WOULD HAVE GIVEN IF I HAD THE OPPORTUNITY TO DO SO.

SO HERE WE ARE, ONCE AGAIN, THAT FAIRBURN HAS CHANGED.

BY WHAT WAS DISPLAYED A COUPLE OF WEEKS AGO IN THIS FORM, AND I BLAME THE MAYOR AND DEPUTY MAYOR ON HOW THIS INCIDENT WAS HANDLED AND A LACK OF LEADERSHIP.

AS I SEE IT, THIS COULD HAVE BEEN AVOIDED IF THE COUNCIL WOULD HAVE BEEN MORE PROACTIVE IN DISCUSSING THE SPEECH WITH CITY COUNCILWOMAN CHESS, BUT DECIDED TO GO STRAIGHT NUCLEAR BY AMENDING THE AGENDA AND WHAT I WITNESSED A MODERN DAY LYNCHING.

I AM NOT NAIVE.

WE ARE GOING FORWARD FROM HERE TOGETHER.

FIND A WAY TO MAKE THE MOST OF IT.

WE OWN TODAY AND TOMORROW WITH GOD'S WILL.

WELL LET'S FIND A WAY TO MAKE THE FUTURE LONGER AND TOMORROW BETTER FOR THOSE WHO COME AFTER US.

DECEMBER USHERS IN A WIDE RANGE OF CELEBRATIONS, I WANT TO ACKNOWLEDGE ALL THE DIFFERENT WAYS THIS SEASON IS MEANINGFUL TO YOU.

FOR ME, THIS TIME OF YEAR IS SHAPED BY TRADITIONS AND MY FAMILY, AND I HOPE YOU ARE ABLE TO ENJOY THE MOMENTS THAT MATTER MOST TO YOU IN YOUR LIVES.

IT'S A SEASON THAT REMINDS US TO SLOW DOWN,

[01:20:02]

APPRECIATE ONE ANOTHER AND LOOK FORWARD WITH OPTIMISM.

WHETHER YOU'RE CELEBRATING, RESTING, RECONNECTING, OR SIMPLY TAKING A WELL DESERVED BREAK.

I HOPE THIS SEASON BRINGS COMFORT AND JOY.

I TRULY BELIEVE FAIRBURN IS STRONGER BECAUSE OF THE DIVERSE PERSPECTIVES, CULTURES, AND EXPERIENCE EACH OF US BRING.

PLEASE PROVE ME RIGHT ON THIS.

FOOL ME ONCE, SHAME ON YOU.

FOOL ME TWICE. SHAME ON ME.

THANK YOU FOR EVERY VARIOUS FAIRBURN ORGANIZATIONS HAVE CONTRIBUTED THROUGHOUT THE YEAR, WISHING YOU A JOYFUL HOLIDAY SEASON AND A BRIGHT START TO THE NEW YEAR.

>> DONNA JOHNSON, 328 BOWMAN DRIVE MAYOR COUNCIL.

IN LIGHT OF YOUR RECENT CENSURE OF COUNCILWOMAN SYLVIA CHESS, HER DEFAMATORY COMMENTS AND UNSUBSTANTIATED ACCUSATIONS TOWARD FAIRBORN CITIZENS IN HER OCTOBER 31ST, PAUL QUINN COLLEGE CONVOCATION SPEECH, AS WELL AS THE MISREPRESENTATION CONTAINED IN HER ONLINE BIO WITH A COLLEGE, WHEREIN MS. CHESS FALSELY CLAIMS TO HAVE CONTRIBUTED HER LEADERSHIP TO THE MIAMI VALLEY REGIONAL PLANNING COMMISSION.

THIS IS TO RESPECTFULLY REQUEST COMPLETE REVOCATION OF COUNCILWOMAN CHESS' BOARD AND COMMITTEE APPOINTMENT PRIVILEGE.

ALL MATTERS CONSIDERED AND IN THE BEST INTEREST OF FAIRBORN CITIZENS AND THE HEALTHY FUNCTION OF OUR FAIRBORN CITY GOVERNMENT, I ONCE AGAIN REQUEST THE IMMEDIATE RESIGNATION OF COUNCILWOMAN SYLVIA CHESS.

FINALLY, COUNSEL.

I CANNOT HELP BUT WONDER YOUR OPINIONS THAT IF THE TABLES WERE TURNED, AND ONE OF YOU, OTHER THAN COUNCILWOMAN CHESS, HAD PRESENTED PUBLICLY IN SPEECH AND SUCH GREAT CONTEMPT AGAINST FAIR BORN CITIZENS AND OUR CHERISHED CIVIC ORGANIZATION IN THE NAME OF YOUR COUNCIL POSITION WITH NOW GREAT CITIZEN OUTCRY FOR YOUR RESIGNATION, WHAT WOULD YOUR RESPONSE BE IT IS MY OPINION THAT YOUR ONLY OPTION WOULD BE TO ABDICATE YOUR ELECTED COUNCIL SEAT AND ALLOW YOUR FORMER COLLEAGUES TO MOVE OUR CITY FORWARD IN APPOINTING YOUR REPLACEMENT.

BUT I BELIEVE THE PEOPLE WOULD LIKE TO HEAR FROM YOU CONCERNING HOW YOU WOULD RESPOND IN THIS SITUATION.

IT IS YOUR DUTY. THANK YOU.

>> ANYONE ELSE? MISSION. NO, GO AHEAD.

[NOISE]

>> GOOD EVENING, JAMES BAKER, 427 GRANT STREET.

I'M HERE BECAUSE MANY FAIRBORN RESIDENTS ARE CONCERNED ABOUT THE CONDUCT OF COUNCIL MEMBER SYLVIA CHESS.

HER PUBLIC STATEMENT, CLAIMING THAT FAIRBORN IS A RACIST COMMUNITY HAVE CAUSED REAL DIVISION IN A TOWN THAT WORKS HARD TO STAND STRONG.

THESE COMMENTS HAVE DAMAGED TRUST AND CREATED TENSION WHERE WE NEED UNITY.

COUNCIL MEMBER CHESS ALSO FALSELY LABELED ME AS A BOY.

THAT ACCUSATION WAS COMPLETELY UNTRUE AND DEEPLY IRRESPONSIBLE.

IT HARMED MY REPUTATION AND CREATED A SERIOUS CONCERN FOR SAFETY FOR ME AND MY FAMILY.

WHEN AN ELECTED OFFICIAL PUBLICLY LINKS A RESIDENT TO AN EXTREMIST GROUP.

IT INVITES HARASSMENT AND PUTS PEOPLE AT RISK.

FAIRBURN DESERVES LEADERS WHO BRING PEOPLE TOGETHER WHO SPEAK RESPONSIBLY, AND WHO TREAT RESIDENTS WITH RESPECT.

FOR THESE REASONS AND FOR THE HEALTH AND UNITY OF OUR COMMUNITY, I'M RESPECTFULLY ASKING THAT COUNCIL MEMBER CHESS RESIGN SO FAIRBURN CAN BEGIN TO REBUILD TRUST AND MOVE FORWARD.

THANK YOU. [APPLAUSE]

>> PATTY GANDA? SOMEBODY'S CLASS.

226 EAST PAIN STREET.

FIRST, I WANT TO SAY THAT PACKET.

KAREN WANTED YOU TO HAND THAT OUT TO ALL THE PEOPLE THAT WERE HERE FOR THE FOR THE COUNCIL TS.

THAT'S FROM KAREN JEFFERS.

[01:25:02]

BESIDES WHAT'S BEING TALKED ABOUT HERE, I WANT TO REMEMBER A VETERAN WHO DIED TWO WEEKS AGO, THANKSGIVING WEEK, MR. JACK FLOYD RED.

HE IS QUITE POSSIBLY THE LAST OF MY DAD'S FRIENDS TO LEAVE.

HE WAS ONE OF THE BEST AMERICAN LEGION DADS THAT I WAS SURROUNDED BY.

THAT'S ALL I WAS SURROUNDED BY THEN THAT SURROUNDED ME WERE LEGIONNAIRES, MY DAD'S LODGE BROTHERS, FRAT BROTHERS.

PEOPLE SAY THAT NOBODY EVER SAYS ANYTHING BAD ABOUT FAIRBORN.

I GREW UP WATCHING THESE MEN DISPARAGE FAIRBORN.

THERE WERE BATTLES BETWEEN THE AMERICAN LEGION AND THE CITY.

PEOPLE THAT HAVE BEEN HERE LONG ENOUGH KNOW THAT.

BUT NOT JUST LEGIONNAIRES.

EVERY GROWN UP. I SAW TEACHERS DISPARAGE FAIRBORN A BAKER.

BUT THERE WAS ONE THING THAT ALL OF THESE PEOPLE HAD, EVEN IF THEY TRASHED FAIRBORN, THEY ALL HAD HOMETOWN PRIDE.

THEY STILL LOVE FAIRBORN.

KEEPS PICKING UP. THEY STILL LOVE FAIRBORN.

I WANT TO RE EMPHASIZE THAT NOBODY EVER SAID THAT HE WAS A PROUD BOY.

IT WAS WRONG FOR THE PAPER NOT TO CONTACT JIMMY TO GET A COMMENT.

THAT WAS WRONG.

BUT HE ASSOCIATED HIMSELF WITH THE PROUD BOYS.

HE BROUGHT THEM TO HIS BAR.

HE SAID THAT THEY FOLLOWED JOE BLYSTONE.

MAYBE, BUT THE SECOND THAT HE SAW THEM THERE, HE SHOULD HAVE ASKED THEM TO LEAVE, AND HE DIDN'T DO THAT.

FOR A GUY THAT WANTS TO RUN FOR POLITICAL OFFICE, THOSE PICTURES ARE STILL THERE.

THOSE PEOPLE ARE TERRORISTS.

THEY HAVEN'T BEEN LABELED TERRORISTS, BUT THEY ATTACKED OUR COUNTRY.

THEY ORGANIZED THAT EVENT.

I DIDN'T KNOW SYLVIA UNTIL SHE STARTED RUNNING.

THE REASON I WENT TO GO MEET HER IS BECAUSE SHE WAS BEING ATTACKED BY THE SMALL FACTION OF RACISTS THAT WE HAVE IN THIS COUNTRY.

LIKE I SAID, FAIRBORN IS NOT RACIST, BUT WE HAVE A SMALL FACTION, AND THEY CAN GET LOUD.

THEY CAN GET VERY LOUD.

SYLVIA HAS A LOT OF SUPPORT IN THE CITY.

BUT THEY GET LOUD.

I DON'T THINK THAT SHE SHOULD RESIGN.

IT'S UP TO YOU GUYS.

BUT I WANT YOU TO KNOW THAT I GREW UP HEARING ADULTS TALK BAD ABOUT FAIRBORN.

THEN THE LAST MEETING, PEOPLE WERE TALKING ABOUT HOW LONG THEY'VE BEEN HERE.

BEING A CITIZEN OF FAIRBORN IS NOT RANKED BY SENIORITY.

IF YOU WANT TO GO THERE, MY GRANDFATHER WAS HERE IN 1939/40.

A LOT OF YOUR GRANDFATHERS, SOME OF THEM SERVED UNDER HIM.

BUT I'M NOT GOING TO GO THERE.

IT DOESN'T MATTER HOW LONG YOU WERE HERE.

WE'RE SUPPOSED TO BE A COMMUNITY.

WE'RE SUPPOSED TO HELP EACH OTHER.

I SEE PEOPLE CRITICIZING PEOPLE ON FACEBOOK THAT ARE ASKING FOR HELP.

I'D LIKE TO HELP SOME OF THESE PEOPLE.

I'M NOT ABLE TO HELP THEM, BUT I'M NOT GOING TO CRITICIZE THEM BECAUSE THEY'RE NEEDY IF THEY NEED SOMETHING.

MAYBE THEY LOST THEIR JOB.

MAYBE LOST THEIR SPOUSE.

LOST A CHILD. NOBODY EVER THINKS ABOUT WHAT PEOPLE ARE GOING THROUGH.

THERE IS ONE PERSON THAT CAUSES SO MUCH PROBLEMS IN THIS CITY, AND YOU GUYS ALL KNOW WHO IT IS.

I DON'T UNDERSTAND WHY ONE PERSON WOULD GIVE THAT PERSON A VOICE.

I DON'T GET IT. I'M DONE.

BUT I WANT YOU TO KNOW THAT I GREW UP WATCHING THE ADULTS IN THIS TOWN, TRASH FAIRBORN, BUT THEY ALL LOVE FAIRBORN.

EVERYBODY CRITICIZE ABOUT SOMETHING.

EVERYBODY'S GRIPING ABOUT ONE THING OR ANOTHER.

IT'S A HUMAN NATURE. THANK YOU.

>> THE BUTTON YET, JI. I'M THE VOICE OF MERRY CHRISTMAS.

SMILE. THERE IS JOY.

THERE IS GOODNESS. THERE IS KINDNESS.

WE NEED TO REMEMBER THAT. I SUPPORT LOCAL BUSINESSES.

I HAVE COOKIES FROM CHANTILLAS.

EACH ONE OF YOU GET A CHRISTMAS COOKIE.

THERE IS ENDS ON THAT, AND IT STANDS FOR NEUTRAL, NODDY OR NICE.

[LAUGHTER] I'M HOPE.

[NOISE] NO OFFENSE.

BUT WE NEVER GET A NICE ATTORNEY.

[NOISE] THAT ONE FOR YOURSELF.

[01:30:03]

JULIE, UNION 1.

[NOISE] YOU READY? HERE WE GO.

JOANNE COLLINS, 173 ERIE.

I WANT TO THANK YOU ALL FOR BEING ON THE TV THE OTHER DAY AND SAYING THAT YOU GUYS STEPPED UP AND YOU'RE REALLY HAPPY ABOUT WHAT THE CITIZENS HAVE BEEN BRINGING TO THE MEETINGS AND STUFF AND THAT YOU'VE HEARD THEM, AND YOU'RE GOING TO DO THE REVAMPING AND I'M SORRY.

THAT'S HOOPER HEIGHTS. GOT THE WRONG PERSON.

I HAVE TO MOVE ON. SORRY ABOUT THAT. YOU ASKED FOR IT.

ANYWAY THE NICE, THE NAUGHTY AND THE NEUTRAL.

YOU'RE NEW, BRIAN.

YOU GET AWAY WITH IT. YOU GET A PASS.

YOU, YOUNG LADY, SPOKE YOUR MIND AND WHAT YOU FELT LAST TIME, AND IT WAS A VERY HARD THING TO DO.

BUT I WANT TO COMMEND YOU FOR TAKING PONZETAS THROUGH THE LIONS CLUB TO THE DAYTON VA HOSPITAL.

THAT WAS SUPER NICE, AND YOU GOT DOUBLE STARS ON THAT GIRL.

YOU, YOU TALK A LOT.

YOU TALK MORE THAN I TALK, AND YOU CAN GO INTO FILBUSTER.

YOU GET KIND OF A NAUGHTY, YOU NEED TO CONDENSE IT DOWN AND SLOW IT DOWN.

BUT PEOPLE SAY WHAT YOU HAVE TO SAY IS IMPORTANT.

IT'S NEUTRAL. ALREADY GOT THE ATTORNEY.

YOU, I APPRECIATE FOR LETTING US DO OUR MILITARY VETERANS MEMORIAL STARTED 10 YEARS AGO.

YOU'VE BEEN VERY SUPPORTIVE WITH THE PARKS.

THE PARK IS IMPROVING.

THE CITIZENS ARE HAPPY.

THE VETERANS ARE BEING APPRECIATED.

I HOPE TO WORK WITH YOU ON FUTURE ENDEAVORS.

WE'VE TALKED ABOUT WITH THE PARKS COMING UP, AND I APPRECIATE THAT.

CLINT. WORDS HURT.

I STILL HEAR THAT.

YOU KNOW WHAT I MEAN? NICE VETERAN.

NICE BUSINESSMAN AND A HARD LIFE AS UP THERE IN YOUR POSITION.

YOU SAY WHAT YOU MEAN, AND YOU MEAN WHAT YOU SAY.

I'M A LITTLE CONFUSED, THOUGH WHEN YOU SAY THAT WORDS HURT, AND SOME PEOPLE SAID WORDS THAT WERE HURTING, AND YET YOU GIVE THEM A PASS.

THAT'S WHAT I AM. MR. MAYOR.

YOU'RE NEXT. I AM ON MY CRUSADE.

YOU GOT A BEAUTIFUL BENCH.

YOU ADDED IT TO THE RIGHT THERE WHERE THEY HAVE THE FARMERS' MARKET.

YOU WERE STANDING THERE AND IT'S FACING THE RIGHT DIRECTION AWAY FROM THE CITY.

YEARS, WE HAVE COMPLAINED FOR BENCHES THAT ARE NOT GOING TO GET US RUN OVER.

THEY'RE RIGHT NEXT TO THE CURB.

I GOT SOME WRENCHES.

I WILL VOLUNTEER MY TIME TO FLIP THEM.

EVERYBODY WANTS TO WHEN THE PARADE GOES BY, NOT TO HAVE THEIR BACK AGAINST THE VETERANS AND THE FLAGS.

THEY WOULD LIKE IT JUST UP AGAINST THE BUILDINGS.

THAT WAY, PEOPLE CAN GET THEIR CARS, THEIR WHEELCHAIRS, AND THINGS OUT.

SORRY, THAT YOU'RE NAUGHTY. I KNOW YOU'RE WAITING.

I WAS GOING TO GIVE RODNEY HIS NICE BECAUSE HE'S A VETERAN. HE'S NOT HERE.

YOU CAN PASS IT ON TO HIM.

HE DID SAY WHAT HE FELT IN HIS HEART.

I THINK IT'S NICE WHEN PEOPLE TALK HONESTLY.

WE MAY NOT AGREE WITH IT, BUT WE NEED TO SAY IT.

YOU, SYLVIA, YOU HAVE BEEN HERE THERE AND EVERYWHERE.

THE ONE THING I HAVE DISAPPOINTMENT IN YOU ABOUT IS THE FACT THAT YOU RISK PEOPLE'S LIFE WITH YOUR STATEMENT.

PEOPLE, THIS DAY AND AGE, THERE'S A LOT OF THEM OUT THERE THAT TAKE THINGS SERIOUS AND GET A LITTLE BIT OFF THE DEEP END.

BY SAYING THAT WHEN YOU'RE RUNNING FOR ELECTION OR SOMETHING, SOMEBODY IS A PROUD BOY OR SOMEBODY DOES THIS, AND SOMEBODY DOES THAT, IT'S NOT IMPORTANT WHAT YOUR CANDIDATE IS, LET THE PEOPLE KNOW WHAT THE CANDIDATE IS.

YOUR JOB IS TO TELL WHAT YOU ARE AND WHAT YOU ARE ABOUT.

TO JUST THROW DIRT AND TRASH AND TO SAY SOMETHING LIKE THAT, I WORRY ABOUT PEOPLE'S LIVES.

AS FAR AS HER TALKING ABOUT, I'VE BEEN HERE.

YEAH, I'VE BEEN HERE FOREVER.

PLANT DIRT I DON'T CARE.

BUT I THINK IT'S IMPORTANT BECAUSE MY BIKERS THEY'VE BEEN FOR 30 YEARS WORKING WITH THE LIONS.

WE DO FEED THE NEEDY SENIORS.

WE HAVE A LOT OF PROGRAMS IN THIS TOWN THAT ARE GOOD, THAT ARE WORTHWHILE THAT WE CAN DO TO HELP PEOPLE.

THIS IS WHAT IT'S ALL ABOUT.

FAIRBORN IS PHENOMENAL.

YES, I WILL BRAG TO HIGH HEAVEN.

WE'RE NOT ANYTHING BUT HUMAN, BUT WE DO CARE IN THIS TOWN.

THIS IS MY TOWN, AND THEY CAN EITHER LOVE IT OR LEAVE IT.

THE BIG SALE RIGHT NOW IS ON DRAMAMINE.

THIS CITY IN MOTION, EVERYBODY'S GETTING SEASICK. I'M DONE.

>> THANK YOU.

ANYONE ELSE WISHING TO SPEAK TO COUNSEL, PLEASE COME FORWARD AT THIS TIME.

MAYOR, COUNSEL, CHARLIE DEAR, 18 19 NORTH BROAD STREET.

[01:35:03]

MS. CHESS, I HAVE NOTHING PERSONALLY AGAINST YOU.

I DON'T KNOW YOU.

THE ONLY THING THAT I CAN GO BY IS WHAT YOU SAY.

I'VE READ YOUR SPEECH SEVERAL TIMES.

LOOKING FOR SOMETHING THAT YOU WERE SAYING GOOD ABOUT OUR RESIDENTS AND OUR TOWN.

I COULDN'T FIND ANYTHING.

THE ONLY THING I CAN GO BY IS WHAT YOU SAY.

IF YOU MEAN WHAT YOU SAY, WHY DO YOU WANT TO HELP GOVERN THIS TOWN AND BE ON THIS COUNCIL IF YOU FEEL THAT WAY, AND IF YOU SAY IT, I GOT TO FEEL THAT YOU FEEL THAT WAY.

I THINK YOU NEED TO RESIGN MYSELF.

THANK YOU. [APPLAUSE]

>> ANYONE ELSE, COUNCIL.

>> DONALD JONES, 325 NORTH AM AVENUE.

I HAD A LITTLE SPEECH HERE, BUT SOME NOTES.

I FORGOT MY GLASSES, SO I CAN'T SEE IT.

I DIDN'T INTEND TO TALK ABOUT MS. CHESS, BUT WOW.

THERE'S A LOT OF ANGER. I SAW YOUR SPEECH.

WHEN I CLOSED MY EYES, I COULD HEAR THE MELODY. I UNDERSTOOD IT.

BUT I KNEW THE LYRICS WERE GOING TO MAKE PEOPLE UPSET.

BECAUSE IT'S A SONG, YOU SAY GENRE THEY DON'T LISTEN TO.

YOU'RE IN A TOUGH POSITION.

COUNCIL, YOU'RE IN A TOUGH POSITION.

THESE ARE THE VOICES OF FAIRBORN.

THEY MAY NOT REPRESENT ALL OF FAIRBORN, BUT THEY'RE THE VOICES BECAUSE THEY'RE HERE.

WHAT HAPPENS FORWARD? MAN, IT'S TOUGH. IT'S NOT GOING TO BE GOOD FOR FAIRBORN, NO MATTER WHAT HAPPENS.

WE'RE GOING TO GO THROUGH A PERIOD OF TURMOIL, NO MATTER WHAT HAPPENS.

NOW, I HEARD PEOPLE TALK A LOT ABOUT WHAT FAIRBORN WANTS, WHAT THE CITIZENS WANT.

I HAVE SEEN THE GOVERNMENT, THE CITY COUNCIL, TAKE EFFORTS IN TRYING TO CONNECT WITH THE CITIZENSHIP OF FAIRBORN THROUGH THE MAYOR MEETINGS, CITY COUNCIL MEETINGS, BUDGET MEETINGS, BUT OBVIOUSLY, FROM THE VOICES, IT'S NOT WORKING.

I THINK YOU NEED TO DO SOMETHING DIFFERENT.

MAYBE IT WOULD BE WHEN YOU HAVE THE MINUTES, MAIL THEM OUT TO EVERY CITIZEN.

THEY HAVE A COPY OF IT BECAUSE WHAT YOU'RE SAYING AND WHAT YOU'RE DOING, THE LOUD VOICES ARE SAYING, IT'S NOT ENOUGH.

THE LOUD VOICES ARE SAYING, YOU DON'T CARE ABOUT FAIRBORN.

MATTER OF FACT, SOME VOICES SAY YOU HATE FAIRBORN.

I DON'T BELIEVE THAT TO BE TRUE.

I'VE TALKED TO MOST OF YOU.

MR. ALLEN, I'VE KNOWN SINCE SHOOT, 23 YEARS OR SO.

I DON'T BELIEVE YOU HATE FAIRBORN.

I BELIEVE YOU WANT THE BEST FOR FAIRBORN.

BUT YOU'RE NOT LETTING THE PEOPLE KNOW WHAT YOU'RE DOING TO BENEFIT FAIRBORN.

I THINK YOU NEED TO FIND OUT HOW YOU CAN LET THE PEOPLE KNOW.

LET THE PEOPLE KNOW WHAT YOU'RE DOING.

I THINK NEWSLETTERS ARE POPULAR, MORE TRANSPARENCY.

JUST PUTTING IT ON THE WEBSITE, JUST PUTTING IT ON YOUR FACEBOOK PAGE. IT'S NOT WORKING.

BECAUSE THE ONLY PEOPLE THAT ARE GETTING THAT INFORMATION ARE PEOPLE THAT LOVE YOU AND THE PEOPLE THAT HATE YOU.

THE PEOPLE IN BETWEEN, WHICH IS PROBABLY THE MAJORITY OF FAIRBORN, THEY'RE NOT GETTING THAT INFORMATION, AND YOU'RE IN A TOUGH SPOT.

I THINK FAIRBORN IS WITNESSING WHAT HAS HAPPENED HISTORICALLY TO SMALL TOWNS.

THE TOWN'S 35,000 PEOPLE WITH A 15% POVERTY RATE.

[01:40:03]

IT'S HARD TO BRING BUSINESS INTO THAT SITUATION BECAUSE THEY WANT TO MAKE MONEY.

YOU GOT A TOUGH JOB. I PRAY FOR YOU.

IT'S JUST A DOUBLE PRAYER FOR YOU.

BECAUSE IT'S TOUGH. THAT'S IT.

>> ANYONE ELSE WISHING TO SPEAK TO COUNCIL, PLEASE COME FORWARD AT THIS TIME? SEEING NO ONE ELSE COME FORWARD WE WILL CLOSE CITIZENS' COMMENTS AND MOVE ON TO CITY MANAGER COMMENTS. MR. GEBHART, SIR.

[VIII. City Manager Comments]

>> GOOD EVENING, MAYOR AND COUNCIL.

JUST A FEW THINGS FOR THIS EVENING.

I WANT TO THANK THE PUBLIC WORKS TEAM, PARKS AND REC, FIRE AND POLICE FOR THEIR HARD WORK LAST WEEKEND DURING OUR SNOW EVENT.

DECEMBER 6, WE DID THE CHRISTMAS TREE LIGHTING, THANKS TO ALL THE RESIDENTS WHO ATTENDED.

THANKS TO BATH TOWNSHIP FOR THE TREE, AND TO FAIRBORN CITY SCHOOL STUDENTS WHO HELPED MAKE THE ORNAMENTS THAT ARE ON THOSE TREES.

I MISS THE NIGHT OF THE SIXTH.

I FORGOT TO MENTION THEM.

THOSE KIDS DID A LOT OF WORK AND REALLY APPRECIATE WHAT THEY DID.

THANKS TO OUR PARKS AND REC, FIRE, POLICE, AND PUBLIC WORKS FOR THAT EVENT ALSO.

HAILEY, WHO WAS HERE WITH US EARLIER WHO LEFT.

CONGRATULATIONS TO HER.

AS OF DECEMBER 8TH, SHE WAS A STATE OF OHIO CERTIFIED PROFESSIONAL ENGINEER.

SHE QUALIFIED THROUGH YEARS OF EXPERIENCE, EDUCATION, AND TESTING.

WE HAVE TWO PES ON OUR STAFF.

MANUEL JACOBS OUR CITY ENGINEER AND NOW HAILEY.

CONGRATULATIONS TO HER.

AS WELL AS CONGRATULATIONS TO OUR NEW ASSISTANT FIRE CHIEF, WOLF, NEW BATTALION CHIEF, LOGAN SURLS, AND TWO LIEUTENANTS, MATT PUGH AND RICK CULBERTSON, WHO WERE SWORN IN IN THIS ROOM TO A VERY LARGE CROWD LAST FRIDAY MORNING.

WE'LL HAVE A SWEARING IN IN THIS ROOM ON JANUARY 5TH, 2026 AT 9:00 A.M. FOR OUR NEWEST POLICE OFFICER ANNA DIXON, WHO WILL BE JOINING THE FAIRBORN POLICE DEPARTMENT.

JUST A REMINDER FOR CHRISTMAS AND NEW YEAR'S, CITY OFFICES WILL BE CLOSED ON WEDNESDAY THE 24TH AND THURSDAY THE 25TH, IN OBSERVANCE OF THE CHRISTMAS HOLIDAY.

THEN AGAIN, ON WEDNESDAY THE 31ST AND THURSDAY, JANUARY 1ST, IN OBSERVANCE OF THE NEW YEAR'S HOLIDAY.

PUBLIC SAFETY WILL BE ON A NORMAL SCHEDULE FOR ALL THOSE HOLIDAYS.

THAT'S ALL I'VE GOT FOR YOU THIS EVENING, YOUR HONOR.

>> THANK YOU. APPRECIATE THAT.

WE'LL START COUNCIL COMMENTS WITH COUNCILWOMAN CHESS.

[IX. Council Comments]

>> YES. I WANT TO THANK EVERYBODY FOR COMING OUT AND GIVING YOUR COMMENTS THEY HAVE BEEN WELL RECEIVED, AND I APPRECIATE YOU STILL YOUR HEART.

WE REALLY APPRECIATE THAT.

I ALSO WANT TO CONGRATULATE HAILEY FOR WHAT SHE HAS DONE AS WELL.

TODAY IS SUPPOSED TO BE, I THINK I READ SOMEWHERE, IT WAS NATIONAL BILL OF RIGHTS DAY.

AS WE CELEBRATE OUR BILL OF RIGHTS, I HOPE THAT YOU CAN KEEP IN MIND THAT WE ALL HAVE AN OPPORTUNITY TO BE ABLE TO EXERCISE THOSE RIGHTS.

ALSO, I WANT TO SAY HAPPY HOLIDAYS TO EVERYBODY.

I HOPE THAT YOU AND YOUR FAMILY EXPERIENCE A WONDERFUL CHRISTMAS AND THAT YOU ALL ENJOY YOUR FAMILY AND LOVED ONES.

THAT'S WHAT WE DO DURING THE HOLIDAY SPIRIT AND CHRISTMAS.

WE WRAP OUR ARMS AROUND EACH OTHER AND LOVE EACH OTHER IN LOVE. THANK YOU.

>> I WROTE DOWN WHAT EVERYBODY SAID THAT I WANTED TO RESPOND TO, AND I'M LOOKING AT MY SCRIBBLES, AND I'M GOING TO MISS SOME, I CAN TELL.

BUT THANK YOU TO EVERYONE FOR YOUR COMMENTS.

MY FIRST SCRIBBLE I CAN READ WAS THE QUESTION FROM DONNA, THAT IF I WERE IN A SIMILAR POSITION HOW WOULD I HANDLE THAT? WOULD I RESIGN? I GUESS MY ANSWER WOULD BE THAT IF I HAD DONE SOMETHING AND I FELT LIKE I HAD DAMAGED THE COMMUNITY AND IF I WAS GOING TO CAUSE ONGOING HARM TO THE COMMUNITY FROM SOMETHING THAT I HAD SAID, I WOULD RESIGN.

JULIAN, I AGREE WITH YOU.

I KNOW I TALK TOO MUCH.

I DO BALANCE IT OUT.

THERE'S A LOT OF DAYS I DON'T GIVE ANY COMMENTS, BUT I DEFINITELY WHEN I PREPARE SOMETHING, I CANNOT.

[01:45:03]

YES. I AGREE WITH YOU.

IT'S A KNOWN FLAW.

BUT THANK YOU FOR THE COOKIE.

MR. JONES, THANK YOU FOR YOUR COMMENTS ABOUT SUGGESTIONS ABOUT MAYBE MORE TRANSPARENCY AND THAT WE'RE NOT REACHING PEOPLE.

IT WAS INTERESTING WHAT YOU HAD SAID ABOUT HEARING SYLVIA'S SPEECH, TOO.

I AGREE. I THINK THE NEWSLETTER IS GOOD.

I THINK IT'S A GOOD STEP FORWARD.

I THINK WE DO SOMETIMES UP HERE, WE TRY TO SAY, SOMETIMES WE'RE REALLY SHORT IN OUR RESPONSES HERE, AND THEN WE'LL SAY, BUT IF YOU GO LOOK AT THE WORK SESSION MEETING MINUTES, YOU CAN SEE THE FULL DISCUSSION, AND IT IS FRUSTRATING BECAUSE WE DON'T RECORD THAT MEETING.

I ALWAYS SAY I WISH WE RECORDED IT AND PUT IT ON YOUTUBE BECAUSE THAT'S HOW I LIKE TO WATCH MY STUFF IN THE MORNING WITH THE COFFEE, BUT I DON'T THINK THAT'S A BAD IDEA TO MAYBE ATTACH THE MEETING MINUTES AND A LITTLE BLURB ABOUT WHAT WAS ON THE AGENDA INTO, AND JONES'S LAUGHING AT ME BECAUSE I'M TALKING TOO MUCH.

MY LAST COMMENT IS, CONGRATULATIONS.

IT'S AWESOME THAT WE HAVE TWO PROFESSIONAL ENGINEERS IN THE ENGINEERING DEPARTMENT, SO GREAT JOB BY THE STAFF TO THE STAFF. THANK YOU.

>> THE PACKET.

>> THEN SOMEONE GAVE ME A PACKET. I FORGOT TO SAY THIS.

SORRY. THAT WAS ONE THING. IT'S ALONG THE LINES OF WHAT YOU SAID, SIR.

ALONG THE LINES OF THAT.

SOMETIMES IT'S FRUSTRATING ME BECAUSE I COME TO THESE MEETINGS, AND I HAVEN'T HAD A CHANCE TO HEAR FROM CITIZENS, AND THEN AFTERWARDS, I DO.

I'M GOING TO START HAVING A MEETING FOR MYSELF.

I'M GOING TO INVITE CITIZENS ON THE WEEKEND PRIOR TO THESE MEETINGS.

I'M GOING TO GET THE LIBRARY CONFERENCE ROOM AND THE DOWNSTAIRS AND PUT UP THE AGENDA OF THE UPCOMING MEETING.

FOR ANYONE THAT WANTS TO JUST COME IN, WE'LL JUST GO THROUGH THE AGENDA, TALK ABOUT IT.

THAT WAY, IF YOU HAVE CONCERNS, I CAN KNOW AND ADD THEM TO MY QUESTIONS IF I DON'T KNOW THE ANSWER, AND THEN COME BACK LATER.

I HAVE JANUARY 4TH FROM 3:00 TO 4:30 RESERVED, AND THAT'S THE SUNDAY PRIOR TO OUR FIRST JANUARY MEETING.

THEN I'LL BE PUTTING THAT STUFF OUT ON FACEBOOK AND APPARENTLY A FRIEND HAS MADE ME SOME FLYERS THAT IF ANYONE'S INTERESTED, THEY'LL BE UP HERE AFTER THE MEETING. THANK YOU.

>> THANK YOU. YOUR FIRST OFFICIAL FULL MEETING COMMENTS.

>> FIRST OF ALL, THE STREET DEPARTMENT, I WANT TO COMMEND THEM.

THEY'VE REALLY WORKED HARD, AND THEY'VE DONE A GREAT JOB.

I'VE HEARD FROM NUMEROUS CITIZENS THAT THEY'VE REALLY PLEASED.

LAST FRIDAY, MY WIFE AND ME WERE DRIVING DOWN MAIN STREET.

I WANT TO COMMEND THE CITY ON THE LOOK OF DOWNTOWN WITH ALL THE LIGHTS AND EVERYTHING.

IT ALMOST LOOKED LIKE A HALLMARK MOVIE.

IT LOOKED REALLY NICE, AND WE WERE REALLY PLEASED.

MY EMAIL ADDRESS IS FINALLY UP AND RUNNING.

ANYBODY WANTS TO EMAIL ME NOW? CAN YOU EMAIL ME NOW? I ACTUALLY HAVE MY CITY EMAIL.

THE TREE LIGHTING.

THAT WAS AN OUTSTANDING PARTY.

I'LL CALL IT A PARTY.

IT WAS A LOT OF FUN. IT WAS GOOD.

THE ONLY THING THAT WAS BAD, CLINT WOULDN'T BE.

IT WAS REALLY COLD.

IT WAS DEFINITELY COLD.

BUT OTHER THAN THE COLDNESS, THE WEATHER WAS PERFECT.

IT SEEMED LIKE EVERYBODY WAS HAVING A GREAT TIME.

KUDOS TO THE PARKS AND RECREATION DEPARTMENT FOR THEIR STUFF THAT THEY DID THERE.

THAT WAS JUST REALLY GREAT.

NOW, TO THE ISSUE AT HAND, I'M GOING TO MAKE THIS SHORT, BUT I SPENT 30 YEARS IN THE MILITARY AND THEN MULTIPLE YEARS IN THE CIVILIAN MARKET AS A PROJECT MANAGER AND A LICENSED ENGINEER.

NOBODY'S PERFECT.

PEOPLE MAKE MISTAKES.

BUT WHAT COUNTS IS THE INTEGRITY OF THAT INDIVIDUAL.

WHEN YOU MAKE A MISTAKE, YOU OWN IT.

[01:50:01]

THAT'S BASICALLY ALL I HAVE TO SAY ABOUT THAT.

OTHER THAN WHAT FAIRBORN WAS IN THE PAST, THAT WAS BEFORE MY TIME, AND THERE'S HISTORY WITH A LOT OF DIFFERENT COMMUNITIES ALL OVER THE WORLD.

BUT LET'S LOOK FORWARD.

LET'S GO FORWARD AND LET'S PUT THIS BEHIND US, AND LET'S JUST MOVE ON AND MAKE THIS CITY AS GREAT AS IT CAN BE BECAUSE I KNOW IT CAN BE.

I LOVE THIS CITY. EVER SINCE I'VE MOVED HERE, I'VE REALLY ENJOYED LIVING HERE.

WE HAVE SOME GREAT CITIZENS.

WE JUST NEED TO PUT THIS BEHIND US AND MOVE FORWARD THE BEST WE CAN.

BUT WE STILL NEED TO OWN UP TO OUR MISTAKES.

>> THANK YOU SO MUCH, BRIAN.

YOU WON'T HAVE TO WORRY. THEY WILL FIND YOUR EMAILS.

THEY WILL FIND YOUR PHONE NUMBERS.

>> I'M HERE.

>> THAT'S ALL RIGHT. I SAID THAT IN GIST, BUT THAT'S THE TAX WE PAY.

THAT'S THE WAGES THAT WE EARN ON BEING AN ELECTED OFFICIAL. THAT'S THE COST.

THAT'S WHAT WE DO. I WILL NEVER SHY AWAY FROM A COMMENT.

I WILL NEVER SHY AWAY FROM AN OPPORTUNITY TO SHARE.

I WILL NEVER SHY AWAY FROM MY OBLIGATION TO SERVE AT THE BEHEST OF THE CITIZENS WHO ELECTED ME HERE.

I'M GRATEFUL FOR THAT.

I'M HUMBLED BY THAT BEYOND THE MEASURE THAT ANYBODY WOULD EVEN KNOW.

I DON'T THINK ANYONE WOULD EVER KNOW THE PATH IT TOOK TO GET HERE.

>> BUT I LOVE IT. I DO.

PAM, YOU CAME UP AND YOU SPOKE ABOUT LEADERSHIP, YOU SPOKE ABOUT INTEGRITY, YOU SPOKE ABOUT HEART, YOU SPOKE ABOUT COURAGE.

IT TAKES ALL OF THAT TO BE A LEADER.

EVERY OUNCE OF IT, EVERY OUNCE OF IT TO BE A LEADER.

[NOISE] I'LL BE HONEST.

I'M NOT EXACTLY SURE OF HOW I WOULD REACT BECAUSE I WOULD HAVE NEVER PUT IT IN THE ATMOSPHERE.

I WOULD HAVE NEVER SAID IT. BECAUSE MY MIND WOULD HAVE BEEN SOMEWHERE ELSE.

I KNOW. I KNOW ME. I'M SPEAKING ME.

MY MIND WOULD HAVE BEEN SOMEWHERE ELSE.

I TOLD THE CITY MANAGER TODAY, SHARED IT WITH TANA.

WE DON'T NEED TO TAKE THIS TEST OVER.

WE NEED TO LEARN FROM THIS.

WE NEED TO LEARN FROM THIS.

I WILL DO MY PART TO HELP THAT.

I'M JUST NOT SITTING HERE.

MY PART IS TO HELP THAT, HELP THE CONVERSATION, HELP MOVE THE NARRATIVE, HELP PEOPLE UNDERSTAND WHO WE ARE AND WHERE WE'RE GOING.

THAT'S ME. THAT'S MY HEART.

[NOISE] I SAY IT TIME AND TIME AGAIN, I APPRECIATE THE FOLKS WHO COME UP AND SHARE THEIR HEART.

I APPRECIATE THE FACT THAT YOU COME UP AND YOU TELL US WHAT'S ON YOUR MIND.

DON'T ALWAYS AGREE. WE'RE INDIVIDUALS.

WE COME HERE THROUGH DIFFERENT PATHS. BUT WE'RE HERE.

I APPRECIATE THE FACT THAT WE ARE A COMMUNITY.

FAIRBORN HAS A SPECIFIC CULTURE WE ARE IN MILITARY COMMUNITY.

WE ARE A NON MILITARY COMMUNITY.

WE ARE AN INDUSTRY COMMUNITY.

I MEAN, WE ARE A COMMUNITY OF INDIVIDUALS.

I WILL SAY THAT WE'RE HEADING INTO 2026.

[01:55:01]

WE ALWAYS HAVE AN OPPORTUNITY.

TIME REALLY DOESN'T STOP.

NOTHING CHANGES, WE GO '25 OR '26.

BUT I THINK THIS IS TRULY AN OPPORTUNITY TO TURN THE PAGE.

THINK OF THOSE THINGS.

BE HAPPY ABOUT THE FACT THAT WE GET UP IN THE MORNING [NOISE] AND WE HAVE THE PRIVILEGE TO BREATHE.

WE HAVE THE PRIVILEGE TO SHARE.

WE HAVE THE PRIVILEGE TO ENJOY.

WE HAVE THE PRIVILEGE TO LOVE ONE ANOTHER.

I'M GRATEFUL FOR THAT. [NOISE] I'M GOING TO WISH EVERYONE A MERRY CHRISTMAS AND A PROSPEROUS AND HAPPY NEW YEAR.

FROM THE BOTTOM OF MY HEART.

THAT'S ALL I HAVE. THANK YOU.

>> MR. JONES, WE DO HAVE A DIGITAL NEWSLETTER THAT GOES OUT, I THINK I THAT MONTHLY? IT GOES OUT MONTHLY, AND I THINK YOU CAN SIGN UP FOR IT ON THE WEBSITE.

THAT'S WHERE I SIGNED UP FOR IT.

IT'S GOT GREAT INFORMATION.

IT IS A CHALLENGE TO GET CITIZENS [NOISE] TO BE ENGAGED.

WE'RE ALWAYS OPEN TO NEW IDEAS.

WE'VE TRIED FACEBOOK, WE'VE TRIED WEBCAST.

WE'VE TRIED, LIKE ALL THE THINGS.

IF YOU'VE GOT IDEAS, WE ARE WILLING TO HEAR THEM BECAUSE WE WANT THE ENGAGEMENT, NOT JUST ON THE NEGATIVE THINGS, BUT WE WANT THE ENGAGEMENT ON THE POSITIVE THINGS.

WE WANT PEOPLE TO SIGN UP FOR COMMITTEES AND BE INVOLVED IN THE COMMUNITY.

PLEASE, WE ARE ALL EARS. WE'RE HERE TO HEAR IT.

THAT SOUNDED WEIRD, BUT YOU KNOW WHAT I MEAN? PLEASE, GIVE US YOUR THOUGHTS.

FRESH IDEAS ARE ALWAYS WELCOME.

I WASN'T GOING TO TALK A LOT.

BUT DONNA'S QUESTION.

MY ANSWER WOULD BE IF I WERE GOING TO BE A DISTRACTION TO ALL THE GREAT THINGS THAT WE HAVE IN MOTION, NO PUN INTENDED AS A COMMUNITY.

OBVIOUSLY, I'M SPEAKING ONLY FOR MYSELF.

BUT IF I FELT I WERE A DISTRACTION, I PERSONALLY, I WOULD STEP DOWN.

BUT THAT'S ME AND THAT'S HOW I GOVERN MY BEHAVIOR AND MY ACTIONS AND MY WORLD.

WE TALKED SO. THERE WERE A LOT OF CONVERSATIONS ABOUT LEADERSHIP TONIGHT AND LEADERSHIP IT'S DOING THE RIGHT THING EVEN WHEN IT'S HARD.

LEADERSHIP REQUIRES CONVERSATIONS AND CONVERSATIONS ARE TWO WAY.

WHEN YOU DECLINE TO HAVE A CONVERSATION THAT LIMITS THE ABILITY FOR YOUR TEAM TO LEAD YOU AND GUIDE YOU.

LEADERSHIP IS ABOUT ACCOUNTABILITY.

IT'S ABOUT OWNING YOUR MISTAKES.

IT'S ABOUT LEADING WITH HONESTY AND INTEGRITY.

WE AS COUNSEL, WE HAVE DONE ALL THAT WE CAN.

AT THIS POINT, THERE'S NOTHING MORE FOR US AS COUNSEL THAT WE CAN DO.

THE ONUS IS ON SYLVIA FOR HER WORDS AND HER ACTIONS, AND IT HAS BROUGHT ALL OF US, THE COMMUNITY, COUNSEL, EVERYONE, TO DIFFICULT AND UNPLEASANT CONVERSATIONS, BUT WE ARE HERE.

I CANNOT MAKE DECISIONS FOR SYLVIA.

WE, THE OTHER SIX OF US CANNOT MAKE DECISIONS FOR SYLVIA.

SYLVIA HAS TO MAKE SYLVIA'S DECISIONS.

LASTLY, I'D LIKE TO END ON A POSITIVE NOTE.

IT IS THE HOLIDAY SEASON, [NOISE] AND MANY OF US HAD VERY CHALLENGING YEARS, PERSONALLY, PROFESSIONALLY, ALL THE THINGS IN BETWEEN.

I HOPE THAT AS YOU CLOSE OUT YOUR YEAR, YOU'D TAKE TIME TO REFLECT AND LOOK AT ALL THE PEAKS, ALL THE VALLEYS, ALL THE BUMPS, AND ALL THE BRUISES, AND FIND MANY THINGS TO BE THANKFUL FOR.

LOTS OF GRATITUDE, THE OPPORTUNITY TO SHARE IN THE HOLIDAY SEASON WITH YOUR LOVED ONES.

I WISH YOU A VERY MERRY CHRISTMAS, A SAFE AND HAPPY NEW YEAR, AND MAY GOD BLESS YOU ALL.

>> THANK YOU. [NOISE] LET ME GO OVER SOME OF THE FUTURE COUNCIL MEETING DATES BECAUSE WE'RE STARTING A WHOLE NEW YEAR.

THE NEXT COUNCIL WORK SESSION WILL BE MONDAY, JANUARY 5TH, 2026 AT 5:00 PM [NOISE] IN THE TRAINING ROOM RIGHT DOWN THE HALL.

THE NEXT COUNCIL MEETING WILL BE THAT SAME EVENING,

[02:00:02]

MONDAY, JANUARY 5TH, AT 6:00 PM.

RIGHT HERE IN THE COUNCIL CHAMBERS.

THEN THE NEXT SESSION AFTER THAT WILL BE TUESDAY, JANUARY THE 20TH.

BECAUSE THE 19TH IS A FEDERAL HOLIDAY.

DON'T FORGET THAT'LL BE ON A TUESDAY FOR THAT MEETING, AND THAT WORK SESSION WILL ALSO BE AT 5:00 PM. RIGHT DOWN THE HALL.

THEN COUNCIL MEETING WILL BE TUESDAY, JANUARY 20TH AT 6:00 PM.

RIGHT HERE IN THE COUNCIL CHAMBERS.

A LOT HAS BEEN SAID ABOUT SITUATIONS THAT HAVE OCCURRED.

I'M GOING TO THROW IN MY TWO CENTS WORTH.

THE DEPUTY MAYOR MENTIONED WHAT WE CAN AND CANNOT DO AS A COUNCIL.

I'M GOING TO READ TO YOU.

REMOVAL OF A COUNCIL MEMBER FROM OFFICE MAY ONLY OCCUR IN ACCORDANCE WITH OHIO LAW OR BY JUDICIAL ACTION AND IS NOT WITHIN THE POWER OF COUNSEL THROUGH CENSOR.

SOMEBODY YOU WERE ASKING, MAYBE YOU WEREN'T HERE TWO WEEKS AGO, WHAT IS CENSOR? CENSOR IS A FORMAL PUBLIC STATEMENT ADOPTED BY COUNSEL THAT EXPRESSES DISAPPROVAL OF THE WORDS, ACTIONS, OR CONDUCTS OF ONE OF ITS MEMBERS.

I VOTED YES FOR THAT CENSOR BECAUSE AFTER LISTENING SEVERAL TIMES TO THE COMMENTS THAT WERE MADE AT THE UNIVERSITY IN TEXAS, I WAS VERY, VERY DISAPPOINTED ABOUT THE MESSAGE THAT WAS PRESENTED TO CITIZENS IN ANOTHER STATE A LONG DISTANCE FROM HERE ABOUT THIS COMMUNITY.

MOST OF YOU KNOW I'M A RETIRED MILITARY PERSON, SPENT 34 YEARS IN THE AIR FORCE, LIVED ALL OVER THE UNITED STATES, LIVED IN A COUPLE OF FOREIGN COUNTRIES.

I HAVE NEVER LIVED IN A COMMUNITY THAT I LOVED AS MUCH AS THIS COMMUNITY.

WE HAVE THE BEST PARK SYSTEM, AND HE PARK PEOPLE WILL TELL YOU THAT I SAY THAT ALL THE TIME.

WE HAVE THE BEST POLICE AND FIRE DEPARTMENT.

I FIRMLY BELIEVE THAT.

WE HAVE A LOT OF THINGS THAT MAKE FAIRBORN A WONDERFUL COMMUNITY.

WHAT REALLY, REALLY DISAPPOINTED ME WAS THE DISPARAGING COMMENTS THAT WERE MADE ON OCTOBER 31ST.

I DON'T THINK THAT REPRESENTS THE CITY AS A WHOLE.

NOW, DOES IT REPRESENT A SMALL PERCENTAGE OF PEOPLE? IT PROBABLY DOES.

EVERYBODY HAS HAD SOME FORM OF DISCRIMINATION.

I WORKED IN HEALTHCARE FOR YEARS, AND I FACED DISCRIMINATION [NOISE] FOR THE JOB THAT I CHOSE TO BE IN HEALTH CARE.

IT DOESN'T MAKE IT RIGHT.

IT CERTAINLY IS NOT SOMETHING THAT YOU WANT FOR PEOPLE TO DEAL WITH.

BUT I AGAIN, WAS VERY DISAPPOINTED IN WHY I SUPPORTED THE CENSOR TWO WEEKS AGO, BECAUSE THE COMMENTS THE DISAPPROVAL OF THE WORDS, ACTIONS, OR CONDUCT OF S MEMBERS.

THAT'S WHY I VOTED FOR CENSOR.

BECAUSE I THOUGHT WHAT WAS SAID DID NOT REPRESENT THIS COMMUNITY AS A WHOLE.

NOW, MAYBE FOR SOME PEOPLE, THEY'VE EXPERIENCED SOME OF THOSE ISSUES.

THERE'S PROBABLY NO DOUBT THAT THERE'S BEEN SOME OF THAT, BUT IT DOES NOT SPEAK TO FAIRBORN AS A WHOLE.

IT CERTAINLY DOESN'T SPEAK, I THINK FOR MOST OF US UP HERE ON COUNSEL.

I THINK LIKE WE'VE SAID, IT'S TIME TO MOVE ON.

IT'S TIME TO MAKE DECISIONS ABOUT WHAT'S THE RIGHT THING TO DO AND THAT'S SOMETHING I LEARNED VERY HEAVILY IN THE MILITARY.

SOMETIMES DOING THINGS RIGHT AND DOING THE RIGHT THING AREN'T EXACTLY THE SAME THING.

SOMETIMES YOU JUST HAVE TO DO THE RIGHT THING.

I'LL LEAVE IT AT THAT FOR THAT.

MR. JONES, THANK YOU VERY MUCH FOR YOUR COMMENTS.

I WOULD LOVE TO MEET WITH YOU.

I WANT TO HEAR YOUR IDEAS ON HOW WE CAN GET THE WORD OUT BETTER IN THE COMMUNITY.

WE HAVE TRIED A NUMBER OF DIFFERENT THINGS. CHUCK STOUT.

MANY OF YOU KNOW CHUCK STARTED ORGANIZING BREAKFAST WITH THE MAYOR SEVERAL MONTHS AGO.

WE'VE HAD GOOD TURNOUTS FOR THAT.

WE HAD ONE JUST A WEEK AGO.

WE HAD 27 PEOPLE SHOW UP AT THE SENIOR CENTER.

THERE'S ALL DIFFERENT WAYS WE CAN GET THE WORD OUT, AND WE NEED TO FIND BETTER WAYS.

I DO APPRECIATE WHAT YOU SAID, AND I WOULD LOVE TO SIT DOWN WITH YOU SOMETIME, PICK YOUR BRAIN, FIND OUT WHAT YOUR IDEAS ARE.

WE WANT OUR CITIZENS TO KNOW WHAT'S GOING ON IN OUR COMMUNITY.

WE HAVE A FABULOUS COMMUNITY.

WHEN I MOVED HERE, FIRST TIME IN 1979 WITH THE AIR FORCE, LEFT IN '83, CAME BACK IN 1993, LEFT IN 1996, CAME BACK '05, RETIRED 2007, TAUGHT AT RIGHT STATE FOR EIGHT YEARS AFTER THAT.

MY KIDS ARE GRADUATES OF FAIRBORN SCHOOLS.

I THINK THEY GOT A WONDERFUL EDUCATION.

BACK YEARS AGO, FAIRBORN DIDN'T HAVE A GOOD REPUTATION FOR ITS SCHOOLS, BUT NOW IT DOES.

LARGELY BECAUSE OF THE NEW BUILDINGS, THE STAFF, THE FACULTY AT THOSE SCHOOLS,

[02:05:02]

THE WORK THAT THEY PUT INTO IT TO MAKE FAIRBORN SCHOOLS WHAT I CONSIDER OUTSTANDING SCHOOLS IN THE WHOLE MIAMI VALLEY.

I LOVE BRAGGING WHEN I GET WITH OTHER MAYORS, AND I CAN TALK ABOUT WE ARE THE ONLY SCHOOL DISTRICT THAT WILL HAVE ALL NEW BUILDINGS IN THE NEXT COUPLE OF YEARS.

THEY ALL SAY, HOW DID YOU DO THAT? HOW DID YOU CONVINCE YOUR CITIZENS TO VOTE FOR NEW SCHOOLS? WELL, A LOT OF WORK FROM THAT LADY SITTING BACK THERE AND OTHER PEOPLE IN FAIRBORN SCHOOLS, BUT THE ULTIMATE DECISION WAS THE CITIZENS OF FAIRBORN WHO VOTED FOR THOSE NEW SCHOOLS.

THAT'S REALLY WHAT MAKES IT BETTER AND TO ME, THAT'S THE LITMUS TEST OF FAIRBORN AS A COMMUNITY.

WE MAKE DECISIONS TO MAKE FAIRBORN A BETTER COMMUNITY, WHETHER IT'S THE SCHOOLS, WHETHER IT'S RELATIONSHIPS WITH RIGHT PAT, WITH RIGHT STATE, THE STREETS, THE SNOW PLOWING.

I LOOKED AT SOME OF THE COMMENTS ON FACEBOOK THE LAST COUPLE OF DAYS, VAST MAJORITY OF COMMENTS WHERE THE FAIRBORN STREET [NOISE] DEPARTMENT IS OUTSTANDING.

THERE A COUPLE OF, HOW COME THEY DIDN'T PLOW MY STREET? WELL, I CAN'T RESPOND TO THAT.

BUT BY AND LARGE, OUR STREET DEPARTMENT DID AN OUTSTANDING JOB.

IT'S BEEN BITTER COLD THE LAST COUPLE OF DAYS.

I HAD TO GO TO A MEETING DOWN IN DAYTON EARLIER TODAY.

THE ROADS WERE OKAY.

I THINK FAIRBORN ROADS WERE THE BEST I DROVE ON, BUT THAT'S JUST MY OWN PERSONAL BIAS.

BUT THERE'S A LOT THAT WE CAN DO IF WE PULL TOGETHER AND WORK TOGETHER TO MAKE FAIRBORN A BETTER COMMUNITY.

LAST WEEK, WE HAD THE FAIRBURNS ANNUAL CHAMBER CHRISTMAS PARTY.

WONDERFUL EVENT.

WHAT AMAZED ME IS HOW MANY PEOPLE FROM OUTSIDE FAIRBORN [NOISE] ATTENDED THAT EVENT, BECAUSE THEY KNOW FAIRBORN DOES GREAT THINGS THROUGH DIFFERENT ORGANIZATIONS, THE LIONS CLUB, THE ROTARY, THE MOOSE, AND OTHER ORGANIZATIONS.

I WANT TO THANK EVERYBODY FOR BEING HERE THIS EVENING.

YOUR COMMENTS. THAT'S WHAT WE NEED TO KNOW.

WE WANT TO HEAR FROM YOU.

IT JUST LIKE YOU SAID, SIR, IF WE DON'T KNOW WHAT PEOPLE ARE SAYING, WE CAN'T MAKE CHANGES.

MY BACKGROUND IS WORKING IN MENTAL HEALTH.

ONE OF THE THINGS WE USED TO ALWAYS SAY IS, I CAN'T FIX A PROBLEM IF I DON'T KNOW ABOUT THE PROBLEM.

THAT'S [NOISE] EXACTLY WHAT WE'RE TALKING ABOUT.

MR. JONES, I [NOISE] THINK THAT HITS THE NAIL ON THE HEAD.

WE CAN'T MAKE THINGS BETTER IF WE DON'T KNOW ABOUT IT.

AGAIN, THANKS EVERYBODY FOR BEING HERE.

WE'VE COVERED THE FUTURE MEETINGS.

IF THERE IS NO FURTHER BUSINESS, IS THERE A MOTION TO ADJOURN?

>> SO MOVED.

>> SECOND?

>> WE HAVE MOTION AND SECOND. JULIE, PLEASE CALL THE ROLL.

>> MS. CHESS?

>> YES.

>> MISS. REASTER?

>> YES.

>> MR. ALLEN?

>> YES.

>> MR. DODD?

>> YES.

>> MISS. DANTON.

>> YES.

>> MR. KIRKPATRICK?

>> YES.

>> CITY COUNCIL MEETING FOR THIS EVENING IS ADJOURNED.

[BACKGROUND]

* This transcript was compiled from uncorrected Closed Captioning.