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From YouTube: Athens City Council Meeting 12-29-05
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A
Good
evening
welcome
to
Athens
City
Council
tonight
is
Thursday
December
29th
2005
this
evening,
City
Council
is
meeting
in
special
session
it's
on
or
about
7:00
p.m.
we
have
three
members
of
council
present,
which
the
law
director
has
determined
for
the
purposes
that
we
are
meeting
tonight.
There
is
a
quorum
ordinances
for
third
reading
ordinance,
one
2005,
an
ordinance
approving
a
Planned
Unit
development
proposed
by
National
Church
residences
on
Stimson
Avenue
and
granting
a
variance
member
sands.
Mr.
B
To
begin
with,
mr.
president,
I'm
gonna
read
the
ordinance
I
know
some
members
of
the
audience,
and
probably
members
at
home,
don't
realize
the
extent
of
this
mm-hmm
ordinate
zone,
1
2005
an
ordinance
approving
a
Planned
Unit
development
proposed
by
national
church
residences
on
Simpson
Avenue
and
granting
of
variance,
whereas
on
April
7th
2005.
B
The
Athens
Planning
Commission
unanimously
recommended
approval
of
a
Planned
Unit
development
proposed
by
National
Church
residences
on
Simpson
Avenue
and
whereas
on
May
23rd
2005,
the
Athens
City
Council
held
a
public
hearing
on
said
project
and
whereas
it
is
in
the
public
interest
to
protect
existing
public
infrastructure
such
as
water
sewer
and
storm
sewer
lines.
And
whereas
there
is
a
risk
of
flooding
and
flood
damage
based
on
the
existing
flood
insurance
study
for
the
city
of
Athens.
B
Be
it
ordained
by
the
Council
of
the
city
of
Athens,
section
1,
that
pursuant
to
Athens
city
code,
title
21
sections,
21:09,
1809,
2009
24
and
oh
9
25.
The
planning
a
development
proposed
by
national
church
residences
is
hereby
approved
with
the
following
variants:
a
variance
from
Athens
City
Code,
section
23
B
to
permit
169
parking
spaces
for
151
units,
where
a
total
of
302
spaces
are
required.
An
acknowledgment
that
50
of
these
spaces
shall
be
reserved
for
employee
parking,
section
2.
B
The
planning
and
development
proposed
by
National
Church
residences
shall
comply
with
all
Planning
Commission
requirements.
Section
3
the
plan
unit
development
shall
comply
with
the
following
safeguards
and
conditions.
Number
1
maintain
the
existing
railroad
berm
at
its
current
elevation
and
repair.
Any
disturbance
caused
by
development,
number
2,
maintain
all
existing
trees
and
vegetative
buffers
adjacent
to
the
property
perimeter
and
replace
any
damaged
buffer
plantings.
B
Six
determine
the
location
of
the
Morris
I,
have
a
new
right-of-way
and
not
encroach
thereon
without
the
expressed
consent
of
Athens
City
Council
by
ordinance
seven
construct
a
sidewalk
along
the
entire
property
line
adjacent
to
the
Stimson
Avenue
right-of-way.
That
conforms
to
establish
standards
and
specifications
of
the
city
of
Athens
8,
execute
and
record
with
the
Athens
County
Recorder,
an
access
agreement
between
the
owner
and
the
Athens
County
Red
Cross.
B
In
order
to
maintain
existing
and
established
routes
of
vehicular
traffic
9
develop
an
emergency
evacuation
plan
submitted
for
review
and
approval
by
the
Athens
city
fire
chief
after
consultation
with
the
Athens
County
Emergency
Management
Agency
10.
There
shall
be
no
importation
of
off-site
fill
material
used
to
elevate
the
property
unless
the
city,
unless
such
material
is
obtained
for
from
within
the
city
of
Athens
special
flood
hazard
area,
11,
submit
an
approvable
plan
that
conforms
to
the
requirements
of
Athens
city
code.
Title
27,
land
development
said
compliance
specifically
addressing
all
requirements
for
sediment
and
erosion.
B
Sediment
and
erosion,
control,
stormwater
control
and
storm
water
detention,
12
construct
a
secondary
emergency
means
of
ingress
adjacent
to
Morris,
Avenue
reviewed
and
approved
by
the
athens
city.
Fire
chief
that
precludes
use
by
any
by
use,
precludes
use
by
other
than
emergency
service
personnel.
13
conduct
additional
soil
studies
and
incorporate
findings
into
the
development
and
design
of
structural
footers
and
foundation,
and
account
for
any
additional
structural
loads
related
to
possible
public
utility
maintenance.
B
Fourteen
submit
an
approvable
excavation
and/or
fill
plan
that
conforms
to
the
requirements
of
athens
city
code,
title
25,
flood
damage
prevention
in
athens
city
code,
title
27,
land
development
that
specifically
includes
erosion
protection
measures
related
to
water,
velocities,
caused
by
a
flood
event.
15.
There
shall
be
no
activity
related
to
site
development
that
could
cause
adverse
impact
to
the
existing
public
bike
path.
16
there
shall
be
constructed
and
maintained
their
ears
or
fences
approved
by
the
City
Service
Safety
Director,
along
existing
drainage
ways
and
ditches
that
could
be
considered
an
attractive
nuisance.
B
17
prior
to
commencing
site
development.
Work,
national
church
residences
will
perform,
will
post
a
performance
bond
in
the
amount
of
$200,000
according
to
the
terms
set
forth
in
Athens
City
Code,
section
21,
o
802
and
18
national
church
residences
will
form
a
neighborhood
Advisory
Committee
prior
to
the
development
of
final
plans
to
include
residents
of
the
Near
East
Side
area
and
to
include
but
not
limited
to.
Residents
of
the
National
Church
residences,
Planned
Unit
development,
the
Advisory
Committee,
will
be
in
existence
for
as
long
as
national
church
residences
manages
the
proposed
retirement
center
section
form.
B
This
ordinance
shall
be
in
full
force,
in
effect
at
the
earliest
moment,
permitted
by
law
about
his
passage
and
approval
by
the
mayor,
the
very
first
where,
as
said
that,
we
received
this
recommendation
from
the
Planning
Commission
on
April
7th.
It's
now
December
29th,
that's
over
8
months
that
this
council,
which
unfortunately
is
represented
at
this
time
by
the
three
of
us.
This
council
has
listened
to
members
of
our
community
in
public
meetings.
B
B
B
B
C
I
think
this
is
a
segment
of
population
that
has
been
leaving
Athens
in
the
past
and
we'd
really
like
to
keep
them
here
in
the
city
and
I.
Think
it's
very
valuable
and
I
believe
after
all
of
these
months,
and
this
part
toughest
decision
I
think
any
of
us
have
ever
had
to
make
weighing
the
pros
and
cons
tonight's
the
night
to
to
make
the
decision
vote
on
the
ordinance
and
have
it
finished
with
the
council.
That
has
done
all
of
the
work
instead
of
passing
it
on
to
future
Council.
D
Mr.
president,
I
would
just
like
to
add
appreciation
for
the
fact
that
were
able
to
have
this
special
meeting.
I
felt
it
was
very
important
that
this
council
act
on
this.
It
wasn't
our
choice
or
our
doing
to
reduce
the
size
of
council,
but
I
I
do
appreciate
this
opportunity
and
the
mayor
for
calling
the
meeting.
A
E
A
F
F
F
People
on
either
side
feel
like
those
on
the
other
side
are
not
listening
and
not
recognizing.
What
they
see
is
their
legitimate
interests.
Based
upon
this
history,
I
would
like
to
make
the
following
proposal
table
the
vote
tonight.
Give
all
parties
a
chance
to
cool
off
in
January,
bring
all
interested
parties
together,
perhaps
facilitated
by
members
of
the
Athens
mediation
service,
to
work
together
to
find
a
common
ground
come
up
with
a
plan
for
retirement
facility
that
will
be
guided
by
the
Comprehensive
Plan
and
by
mutual
respect
for
the
opinions
and
feelings
of
all
stakeholders.
F
Athens
is
indeed
a
very
special
place,
due
in
large
part
to
the
thoughtful
participation
of
its
citizenry
in
the
process
of
governance.
Let
this
project
be
one
that
will
be
looked
at
in
years
to
come,
not
as
the
time
of
recrimination
and
divisiveness,
but
as
a
shining
example
of
the
fruit
of
our
collective
wisdom
and
respect
for
one
another.
Thank
you
thank.
G
David
ingram,
one
20-7,
you
I
mean
I
think
if
you've
decided
that
the
the
green
space
is
not
to
be
valued
for
highly
than
development,
then
you
should
vote
in
favor
of
this
ordinance
as
it
stands.
I
agree
with
Jim
stones,
who
spent
a
lot
of
time.
Developing
this
you've
spent
a
lot
of
time
putting
in
a
lot
of
work
in
details
which,
in
my
opinion,
would
make
this
a
worthwhile
Center
I
still
value
green
space
over
the
return
Center.
G
But
if
your
decision
is
that
you
value
the
Retirement
Center
I
strongly
recommend
that
all
three
of
you,
both
in
favor
of
it,
I,
think
that
would
seven
send
the
best
message
out
there
that
this
is
something
that
the
city
is
going
to
support
and
it's
gonna
move
forward.
I
would
argue
that
in
fact,
the
fact
that
three
members
are
absent
tonight
is
a
sign
that
there
will
not
be
litigation
over
this
decision.
I
would
hope
the
will
not
be
litigation.
I
think
there
has
been
a
lot
of
debate
over
this
as
I
said.
G
I
H
Morris
Avenue
I
just
have
a
couple
of
procedural
questions
now
that
we
Matt
the
Ethics
Commission
has
decided
who
must
recuse
themselves
from
this
vote
and
who
does
not
need
to
I.
Just
wonder
if
that
possibly
means
that
the
entire
debate
needs
to
go
back
to
the
committee
stage,
because
those
people
who
are
not
allowed
to
vote
tonight,
obviously
we're
in
the
debate,
the
discussion
and
the
early
voting
and
committee
stage
and
also
during
their
first
and
second
reading.
H
A
H
H
I
Just
feel
like
I
need
to
speak.
I
live
at
191,
East,
8th,
Street
and
I've
been
watching
this
debate
and
I
apologize
to
the
folks
who
are
for
the
community
center
for
not
being
more
active,
because
I
am
a
member
at
the
Near
East
Side
neighborhood,
not
the
Association,
but
the
neighborhood
and
I
can
tell
you
from
living
in
the
neighborhood
since
1987.
I
Also
in
the
past,
I've
lived
as
I've
said:
I've
lived
in
the
Near
East
Side,
since
87
I've
seen
this
happen.
Over
and
over
again
people
came
here
complaining
about
the
bank,
that's
being
built
on
the
Stimson
Avenue.
It's
a
beautiful
Bank,
it's
much
better
than
the
than
the
dumps
that
were
there
before.
So
you
know
I
appreciate
some
of
this
development.
It
was
definitely
not
green
space
that
was
being
hurt
when
this
Bank
went
in
and
it's
not.
It's
gonna,
probably
not
be
as
loud
as
what
the
three
dumpy
rentals
were
like.
I
I
D
I
The
post
office,
I
I,
know
that
parking
isn't
really
a
problem
because
most
people
that
are
in
a
center
like
that
aren't
able
to
drive
and
East
Side
neighborhood,
is
a
great
place
to
live.
It's
great,
having
students
it's
great
having
families,
and
it
would
be
great
to
have
seniors
too
more
seniors
and
I,
don't
want
to
see
them
have
to
be
put
somewhere
where
they
can't
walk
to
the
library,
can't
walk
on
the
bike
path,
camp,
walk
to
the
post
office
and
the
convenience
stores,
and
all
that
we
have
campus
OU's
campus.
I
J
Jack
Ellis,
Mulligan
Road
didn't
really
mean
to
come
and
speak
tonight.
Just
to
listen.
I
have
listened
I
have
said
before
that
I've
been
involved
directly
or
indirectly,
with
trying
to
bring
a
retirement
community
Athens
for
something
like
20
years.
With
my
track
record,
perhaps
I
should
be,
after
speaking,
but
I
just
wanted
to
remind
Council
and
everyone
here
that,
as
we
look
back
and
reflect
over
just
the
the
last
couple
of
years,
for
example,
there
have
been
two
administration's
of
Ohio
University
have
endorsed
this
project
by
making
that
property
available.
J
There's
been
an
endorsement
by
the
Board
of
Trustees
by
Student
Senate
at
the
University.
Just
on
one
side,
there's
been
represent
representatives
of
Athens
from
throughout
the
community
of
Athens,
virtually
I
had
all
of
these
council
games,
not
to
mention
there's
been
the
new
recite
people
as
well,
but
we're
talking
about.
What's
the
benefit,
the
total
community
of
Athens,
the
Athens
County
Commissioners,
have
unanimously
recommended
this,
and
also
the
there
was
a
general
wife
referendum
that
for
the
entire
community
of
Athens
voted
on
this.
J
That
was
a
I
think
everybody
understands
it
was
a
veiled
attempt
to
stop
this
development
by
attempting
to
stop
development
within
the
floodplain
unanimously.
It
was
rejected.
I,
think
that
reflects
the
wishes
of
the
community
of
Athens
to
support
this
project.
The
one
thing
that
mr.
Ingram
said
that
I
would
agree
with
is
I
think
the
noble
thing
would
be
for
the
bee
to
be
a
unanimous
decision
in
support
of
this
ordinance
this
evening.
Thank
you.
Thank
Jack.
L
I'm
Patricia
Stokes
I
live
at
67,
Morris
Avenue
and
before
I,
get
on
to
the
main
thing
I
wanted
to
say.
I
would
like
to
respond
to
the
notion
of
going
door
to
door
because
I
actually
have
gone
door-to-door
in
my
street
and
I
wouldn't
say:
there's
100%
opposition
on
Morris
Avenue,
but
it's
probably
more
around
80
percent
and
the
20
percent.
L
L
I
think
that
the
argument
against
the
center
has
been
presented,
often
too
narrowly
as
being
simply
about
green
space,
and
people
have
rightly
pointed
out
that
that
does
clash.
A
development
in
this
area
would
clash
with
the
strong
recommendations
by
the
Comprehensive
Plan,
which
is
about
to
be
approved.
We
hope,
but
that's
not
the
only
impact
there
are
flooding
impacts.
Potentially
the
inputs
into
the
flood
model
are
all
questionable
enough.
That
I
don't
think
that
that
question
has
been
put
to
rest
permanently.
L
There
are
traffic
impacts,
I,
don't
think
anybody
we'll
argue
that
there
will
be
zero
impact
from
having
a
major
development
in
our
in
our
own
neighborhood
and
there's
also
the
impact
of
the
city,
basically
giving
up
if
you
vote
as
well,
for
the
right-of-way
ordinance
giving
up
rights
to
that
land,
which
is
publicly
controlled
land
at
this
point,
and
that
is
land
that
has
real
value
on
the
open
market.
So,
on
the
one
hand
we
have
some
fairly
significant
impacts,
all
of
which
relate
to
the
scale
of
the
project.
L
If
this
were
a
say,
15
unit
complex,
we
wouldn't
be
looking
at
three
units:
three
storeys
tall
towering
over
the
neighborhood.
We
wouldn't
be
looking
at
the
same
kind
of
impacts
because
it
wouldn't
have
the
same
footprint
so
on
and
so
forth.
The
fact
that
this
is
a
major
scale
development
will
change
the
nature
of
the
neighborhood.
The
response
of
that
has
been
all
along.
L
Well,
if
it's
a
major
scale
development,
please
let
it
be,
then,
for
a
good
cause
for
the
cause
of
housing
for
elders
in
our
community
which,
by
the
way,
even
those
of
us
who
oppose
having
this
project
built
here,
we
do
support
that
goal
overall
of
a
decent
good
place
for
people
to
live.
We
know
full
well
that
we're
going
to
be
getting
older
too,
and
it's
going
to
come
sooner
than
we
think.
L
That's
not
the
question.
The
question
is
the
scale
of
this
and
the
placement
of
the
project
and
the
kinds
of
impacts
that
that
is
bound
to
have
as
a
result
of
it.
The
argument
has
been
well:
if
not
this
it's
going
to
be
dorms,
let's
face
it
dorms
to
would
need
a
variance
that
two
would
have
to
come
before.
Council,
that's
not
something
that
the
university
could
simply
bulldoze
in
and
erect
in
that
place.
L
So
those
are
the
impacts.
Those
are
the
the
publicly
bore,
an
impact,
some
of
which
affect
the
nearest
neighborhood
selectively,
some
of
which
are
impacts
that
affect
the
entire
city,
such
as
loss
of
open
spaces,
loss
of
potential,
floodplain
and
so
on.
On
the
other
side
of
it
are
the
interests
of
a
group
of
people
who,
as
I
said
before,
do
have
legitimate
interest
in
this.
But
it's
not
the
interest
of
the
whole
community
and
I
think
that
before
I
think
there
hasn't
been
enough.
I
know.
L
You've
worked
been
working
on
this,
not
just
for
the
past
eight
months,
but
for
the
preceding
year
before
it
even
came
before
the
Planning,
Commission
and
I
appreciate
that
as
everyone
does.
But
at
the
same
time
I
don't
think,
there's
been
a
lot
of
discussion
about
what's
going
to
be
received
in
return
for
giving
up
this
right
away.
L
If
we
go
ahead
and
do
that
I'm
not
sure
if
I'm
speaking
out
of
term,
because
you're
now
talking
about
the
basic
ordinance,
but
we
all
know
they
do
belong
together
and
that
land
is
worth
anywhere
from
a
couple
hundred
thousand
dollars
on
upward.
So
again,
that's
another
public
impact.
So
I
just
ask
you
to
bear
those
things
in
mind.
As
you
go
to
vote,
I,
don't
know
that
I'm
gonna
I'm
changing
anybody's
mind
with
this,
but
I
do
think
that
those
impacts
are
more
than
just
green
space.
L
They
are
things
that
affect
the
whole
community,
and
council
does
ultimately
have
an
obligation
to
the
entire
community
as
well
and
to
weigh
those
interests
against
each
other.
Very
last
thing:
there
was
a
lot
of
discussion
last
time
on
meeting
and
up
and
down
vote
as,
if
that
were
somehow
the
hallmark
of
democracy.
Well,
sometimes,
an
up
and
down
vote
is
not
the
hallmark
of
democracy.
L
M
Hi,
my
name
is
Bonnard
Everdeen
I
live
on
sixty
seven
or
seven.
Oh
and
I
work
with
you,
hi
University
I've
been
following
this
for
quite
a
while,
even
though
I
have
not
shown
up
here
for
a
number
of
reasons
that
my
wife,
who
just
spoke
has
already
pointed
out.
I
wanted
to
say
a
couple
of
things.
First
of
all,
I
I
am
very
happy
to
hear
that
you
are
taking
your
job
here
very
seriously,
and
you
talked
about
responsibility
and
I
think
this
is
very
important
in
this
respect.
M
I
would
like
to
say
two
things.
One
is
you
said:
you've
been
working
on
that
for
eight
months
and
it's
time
to
come
to
a
decision.
You
can't
basically
let
that
go
on
any
longer.
I
would
ask
if
it's
really
necessary
to
do
that
in
the
situation
that
we
have
right
now,
which
I
find
very
concerning,
and
that
is
a
quorum.
That
is
not
even
half
of
what's
normally
here,
even
if
the
director,
the
law,
director
Gary
hunter,
thinks
that
this
is
a
whatever
Lidl
legally
okay
thing.
M
It
also
raises
the
question
at
what
point
a
council
doesn't
have
a
quorum
anymore.
Is
it
like
two
people
or
one
person,
I
mean
how
far
do
you
want
to
go
down
with
that
before
a
quorum
is
not
given
anymore?
The
other
thing
I
wanted
to
say
too,
is
that
I
would
like
to
again
also
address
the
issue
of
public
concerns
as
far
as
right-of-way
and
other
things
like
that
are
going
because,
obviously,
or
as
far
as
I'm
informed.
M
M
Nor
has
it
seemed
to
be
discussed
in
here,
such
as
the
value
of
the
land
that
is
being
basically
given
away
freely
and
whether
this
is
a
good
policy
to
give
away
public
land
to
a
private
developer
and
to
a
private
outfit
that
may
or
may
not
have
or
may
or
may
not
be
worth
to
have
that
kind
of
support,
so
I
would
I
would
think
that
is
the
question
that
has
to
be,
or
should
be
addressed
before
giving
away
that
kind
of
public
land
all
right.
Thank
you
very
much.
Thank.
E
There
was
this
place
that
was
developed
by
this
organization
in
Canton
called
Sheldon
place
that
seems
to
have
had
some
pretty
serious
problems
with
the
building
and
I
was
wondering
if
you
might
have
considered
that
the
Canton
town
council
might
not
have
had
full
plans
when
they
approved
this
project
that
fell
down,
and
maybe
you
are
moving
a
little
too
fast,
because
you
still
don't
have
a
full
plan
from
them
to
vote
on
so
you're
voting
on
something.
That's
not
a
final
plan.
E
A
N
N
N
May
we
people
in
City,
Council's
and
townships,
have
given
have
closed
right
aways
for
people
you
know
for
eons,
so
it's
nothing
new.
Nothing
different
I
do
want
to
thank
the
council
for
all
that
they
put
into
this,
and
particularly
for
Sarah,
who
doesn't
need
to
do
this,
but
wherever
certainly
glad
that
she's
there
and
is
willing
to
be
a
part
of
this
city,
and
we
congratulate
her
on
all
the
water
she's.
One.
D
K
I
come
again
to
speak
on
behalf
of
younger
families
from
that
from
that
neighborhood
first
I
want
to
mourn
that
the
things
been
rhetorically
framed
as
young
people
against
old
people,
I
think
older
people
I
think
that's
when
younger
people
against
older
people
and
I
think
that's
been
a
tragedy
of
the
whole
thing
that
that
I
hate
to
see
happen.
You
know,
I
have
a
next-door
neighbor,
probably
lives
15
feet
from
me
and
she's
a
senior,
and
you
know
I
clean
out
her
gutters.
K
My
boys
mow
her
lawn
for
free
and
it's
a
it's
not
a
one-way
deal.
We
get
a
lot
from
her
because
my
kids,
unfortunately
their
grandparents
are
a
long
way
off
and
it's
great
to
have
her
talk
to
my
eight
year
old
daughter
and
it's
been
a
great
deal.
We
are
not
against
seniors
at
by
any
stretch
of
the
imagination.
What
I've
wanted
from
the
beginning.
What
I've
called
for
is
community!
That's
what
we
that's.
What
I
want
to
see
happen
in
Athens
is
community
and
community
takes
diversity.
K
The
young,
the
old,
the
uneducated,
educated,
rich
poor,
living
together.
That's
where
you
gain
social
capital
and
you
have
real
life
and
that's
where
you
have
community
and
that's
what
I've
wanted
to
see.
That's
what
I've
talked
about
many
times
here
that
we
should
go
back
work
together
to
build
it's
a
community
project
on
this
land,
that's
for
seniors,
but
has
something
to
offer
everybody.
You
know
that
little
strip
of
land,
I've
heard
talked
to
one
appraiser,
who
said
that
things
worth
a
million
bucks
I
wish.
K
What
we
from
our
perspective,
jammed
down
on
us
because
it
seemed
like
they
had
the
power
to
do
it
well.
So
what
do
you
hand
up
with
instead
of
community
stand
up
together
and,
as
we
end
up
with
a
big
fight
right,
my
good
friend,
Trisha,
Lachman
I,
thought
very
respectfully
talked
in
front
of
this
council
last
week
about
her
Street
Mill
Street
becoming
all
students,
and
now
she
can
barely
live
there.
K
She
sat
down
someone
profanely
called
her
swore
at
her
and
stuck
their
tongue
out
at
her,
and
I'm
thinking
lord
have
mercy
on
what
has
happened
in
our
community
in
the
on
the
east
side,
and
it's
happened
because
this
process
has
stunk
from
day
one.
This
has
not
been
a
democratic
process
open
to
everybody,
and
so
now
what
do
you
have?
You've
got
a
fight
because
a
bad
process
is
brought
it
on.
One
side
try
to
jam
it
through
now.
The
other
sides
have
gonna
have
to
jam
back
so
I
hate
to
do
it.
K
I
hate
our
litigious
society,
I
hate
it
that
the
courts
run
the
show,
but
we
are
gonna
take
the
thing
to
court.
This
is
not
going
away
as
a
as
a
member
of
the
Athens
community.
I
declare
that
this
is
illegal.
This
should
have
never
gotten
out
of
the
Planning
Commission.
The
city
code,
Athens
city
code,
21.0,
9.15,
Planning
Commission
must
obtain
a
final
plan
that
includes
engineering
feasibility
studies,
building
plans,
landscaping
plans,
etc,
etc.
Before
it
can
get
out
of
the
Planning
Commission
should
not
even
be
here.
K
One
of
you
looked
us
in
the
eye
and
said:
I
will
never
vote
on
this
until
we
have
the
plans.
What
are
you
thinking
about
voting
on
it?
Now
we
do
not
have
the
plans
you're
gonna,
give
away
our
right
of
way
are
a
piece
of
leverage
against
the
big
powers
that
be
without
a
plan.
Wet
is
insane
that
cannot
happen
and
it's
illegal,
so
we
we
will
take
it
to
court.
We
have
no
choice
and
I
hate
it,
because
it's
a
fight,
it's
everything,
I,
don't
want
out
of
Athens,
it's
everything,
I
think
happens.
K
K
O
It
is
of
course,
the
case
that
Athens,
as
we
all
know,
has
its
full
complement
of
underemployed
lawyers,
and
it
is
of
course
the
case
that
if
a
particular
group
perhaps
senses
defeat
in
a
deliberative
body,
its
natural
tendency
is
to
resort
to
the
courts.
Summing
from
sandbox
days
on
the
alsoyou
cry,
of
course,
is
been
frequently
employed.
O
Now
anyone
is
free,
I
suppose
who
has
stand
sufficient
standing
in
the
law
to
bring
a
lawsuit
for
almost
any
reason
in
our
country
and
I'm.
Glad
that
that
is
so,
but
I
do
not
think
that
the
explicit
threat
of
lawsuits
should
paralyze
a
deliberative
body
like
this
should
intimidate
it
or
should
prevent
it's
taking
what
every
action
it
thinks
is
appropriate
and
I
hope
that,
after
what
is
a
very,
very
lengthy
discussion,
that
counsel
will
proceed
and
take
an
up
or
down
vote
on
this
matter.
Thank
you.
P
My
name
is
Christine
fall
and
I
live
on.
Morris
Avenue
I
have
talked
from
the
beginning
of
this
process
in
the
Planning
Commission
about
how
important
planning
and
process
is
to
not
only
this
project
but
other
projects
that
are
coming
down
the
line
that
will
affect
every
single
person
in
Athens,
every
single
person,
young
old
dog
owner
child
owner,
you
know
celibate
or
married,
it
doesn't
matter,
process
matters.
P
The
process
that
this
thing
has
followed
has
failed.
It
is
a
failed
process.
It
doesn't
matter
that
it
took
a
year,
it
doesn't
matter
it
took
nine
months.
One
of
the
problems
is
partial.
Partially
of
the
problem
is
whenever
information
was
asked
for
it
took
four
or
five
weeks
for
it
to
come.
That
creates
a
long
time.
Process
is
not
time
process
are
the
steps
you
go
through.
The
Planning
Commission
did
not
do
their
job
in
this
process.
They
passed
it
out
of
Planning
Commission
without
the
required
legally
required
plans.
P
Engineering
studies-
and
this
has
large
engineering
obstacles.
We're
talking
about
Phil
we're
talking
about
drainage,
ditches,
we're
talking
about
a
lot
of
different
things.
That
process
failed.
Council
got
it.
People
say
we
worked
on
this
and
we
have
all
these
conditions.
Therefore,
the
process
worked
I
say
the
conditions
show
the
process
failed.
It
failed
in
the
Planning
Commission.
P
The
Planning
Commission
should
have
required
the
people,
the
NCR,
to
have
an
evacuation
plan
required
an
evacuation
plan
that
is
a
Cade
by
the
chief
fired
head,
because
there
are
other
places
on
the
floodplain
that
are
going
to
require
evacuation
at
the
same
time.
That
was
a
condition
that
could
fail,
because
a
majority
vote
has
a
supermajority
has
to
pass
the
whole
ordinance.
P
P
Then
you
say:
oh
well,
let's
just
vote
on
it,
but
what
does
this
do
to
the
future
projects
that
are
coming
to
Athens
that
are
going
to
affect
the
Southside
they're
going
to
affect
the
near
East
Side
that
are
going
to
affect
the
West
Side?
If
this
passes
as
it
stands
now,
it
changes
the
rule
of
law
in
Athens
developers
will
come
in
and
say
we
do
not
have
to
give
engineering
plans.
We
do
not
have
to
give
final
plans
for
the
project.
P
That's
coming
up
in
front
of
Council,
so
as
every
council
meeting
now
going
to
be
filled
with
conditions
that
will
have
to
be
passed
by
supermajority,
that
is
a
failed
process.
This
is
a
failed
process.
That's
going
to
come
back
and
haunt
future
councils
in
every
section
of
the
city.
It
doesn't
matter
whether
the
process
was
about
a
Senior
Center
or
whether
there
was
going
to
be
a
dogpound
belt
there.
P
It's
the
process,
the
matters,
the
process
failed,
the
ordinance
show
it
the
right-of-way
ordinance
shows
there
is
not
even
a
promise
of
a
third
of
an
acre
NCR
could
turn
around
and
say
we
need
it
all.
The
city
could
be
giving
away
all
that
land
for
nothing.
The
process
has
failed
its
setting
up
a
change
in
our
laws.
It's
changing
our
precedent
and
because
of
that,
because
the
process
failed,
this
has
to
go
back
to
Planning
Council.
It
cannot
go
further.
P
The
right-of-way
ordinance
cannot
even
be
amended
because
you
guys
have
ran
it
out
to
the
final
day.
We
could
not
even
amend
it
tonight
to
change
the
problems
that
are
associated
with
it,
because
there's
no
more
time
the
process
has
failed
and
if
you
vote
on
it
tonight,
you
have
failed
the
process
and
everybody
in
Athens
County
will
suffer.
Q
Hello,
my
name
is
Haley
Butera
and
I
act
as
corporate
general
counsel
to
healthcare
industries
corporation,
but
tonight
I
here
I'm
here
to
represent
the
citizens
of
Athens
I'm.
Here,
mainly
just
to
make
you
aware
that
there
is
legal
counsel.
We
are
going
to
be
actively
involved
in
this
process
from
here
on
out.
We
feel
that
regulations
have
not
been
followed
and
when
regulations
are
not
followed.
That
sets
a
big
precedent
for
what's
to
come.
I.
M
Q
Have
consulted
with
several
citizens
of
Athens
today
regarding
concerns
and
procedure
that
can
go
on
from
here.
What
steps
can
go
from
here
tonight
and
I'm
I'm
merely
here
to
make
you
aware
that
this
is
gained
attention
from
outside
cities
outside
sources
and
we're
prepared
to
take
the
next
steps,
be
that
referendum
or
administrative
appeal
we're
prepared
to
take
both
steps.
N
Q
D
A
K
R
For
letting
me
sneak
it
under
the
wire,
my
name
is
doc
gets
and
I
live
on
the
near
east
side,
106,
Maplewood,
Drive
and
I.
Believe
you've
heard
my
wife,
Eli
and
she's
been
here
a
lot
and
I've
been
here
once,
but
there
is
a
lot
of
animosity
I
almost
hesitated
to
speak
because
I,
don't
like
animosity,
I,
don't
like
conflict
and
but
the
message
I
brought
today
was
one
where
I
thought
we
could
try
to
come
together
a
little
bit
and
that's
why
I
wanted
to
speak.
R
If
you
vote
down
the
right
away,
it's
not
the
end
of
the
process,
it
doesn't
mean
a
Retirement
Center
can't
be
built
there.
It
just
means
that
it
would
have
to
go
back
and
perhaps
negotiate
further
with
the
Near
East
Side,
and
if
you
look
at
where
the
right-of-way
is
placed,
if
you
didn't
give
them
them,
if
you
didn't
pass
the
right
way,
ordinance.
R
You
would
essentially
divide
the
space
in
half,
you
can
make
half
of
it
a
Retirement
Center
and
you
can
make
the
other
half
green
space.
They
could
be
used
by
the
Near
East
Side,
as
well
as
members
of
the
Retirement
Center,
and
also
I,
want
to
add
before
I
start
talking
to
one
to
say
this:
is
that
I'm
not
anti
senior
and
I?
R
Don't
think
the
seniors
are
anti
young
people
I'm
sure
they
would
not
want
to
see
green
space
taken
away
from
people
who
are
using
it
and
I
think
that
if
we
could
reach
a
compromise
and
I
think
the
way
to
initiate
the
compromise
initiate
the
dialogue
is
to
vote
down
the
right
away
at
this
point
and
then
say:
okay.
Well,
let's
go
back.
You
know.
We've
talked
about
that
Lane
being
worth
a
million
dollars.
Well,
you
know
we're
trying
to
get
soccer
fields
down
along
Hawking,
River
and
I've
heard
it's
250,000.
R
That's
125
per
min
cr125
MOU,
okay,
so
maybe
something
like
that
could
be
worked
out
but
I
think
if
you
vote
down
the
right
away,
then
that
doesn't
mean
it's
the
end.
But
we
can
negotiate
further
about
issues
of
green
space
and
still
have
the
Retirement
Center
there.
And
then
maybe
everybody
can
be
happy
and
it
could
be
more
like
Mayberry.
A
A
B
Construct
and
operate
on
this
right
of
way,
which
is
leased,
which
will
be
leased
from
Ohio
University,
a
Planned,
Unit
development
or
continuing
care
retirement.
Community
section
2
has
some
language.
It
says
the
licensee,
which
is
Ohio
University
and
its
successors,
and
assigns
shall
agree
that
the
city
of
Athens
has
the
rights
to
maintain
and
install
replace.
It's
utility
lines
in
the
city
shall
not
be
held
responsible
for
any
damages
that
might
occur
during
that
section.
D
Would
like
to
come
and
Jim
did
briefly
say
that
this
is
not
a
gift.
It
is
a
use
of
the
right-of-way
and
can
be
revoked,
and
one
of
the
points
that's
come
up
and,
and
I
said
as
well,
is
it's
rather
difficult
to
revoke
a
building?
But
one
of
the
things
that
we've
talked
about
is
that
the
ncra's
has
talked
about
giving
about
a
third
of
an
acre
towards
the
green
space
and
the
actual
area
that
the
building
is
on
equals.