Assistant City Manager Scott Falkowski: old LaMendola school, major change within major zoning district to allow for a private residential school. 8.5 acres 2 access points don’t connect because of grading issues. Off Tilbury

hasn’t been used for many years. No exterior utility improvement required.

landscaping buffer in certain areas.

One property declined landscaping next to it.

Use: max of 32 students, 16-18 with classwork on site, different from original application which called for Sinclair to handle, did not meet definition of education.

Utilize online program

go thru screening process—all will reside at site

do not accept student referrals from…

does accept public, private and military dependent students.

Would be a change of use—would have to submit to Mt. County for code review process-0-ADA requirements, etc, building dept. process.

Planning Commission-5-0 recommended for denial

Attorney-Prior application not meeting the definition of a school because not meeting the licensing…

My conclusion they are a school as soon as they comply with all of the state bd. of education requirement.

Mayor—applicant appears to have run a similar program in Va. What do we know about that? Scott-I don’t have exact dates. I don’t have information on if it’s a similarly run program.

Mayor—Obviously a lot of rumors. Left building there for city to take care of. I was hoping you would confirm or refute.

Haven’t checked with previous city to find out.

Concept IAcademy

LCC

Mr. Decker-1100 hours of instruction in 1 calendar year.

Bachelor Degree

Lang Study, Math, Sc, health, pe,

comply with safety laws

Provide transportation

24 hour staffing

Darr—has met every legal requirment for a major change

request approval with emergency measure

Address concern reported in newspaper—

time frame not acceptable—under impression Montgomery Co. responsible for

empty for over four years

studies regarding the impact of empty buildings on neighborhoods. Could not find one positive.

Not detrimental to economic welfare

How 32 new jobs would be detrimental.

Petition requesting denial taken into account when denying application. No author for this. Here to dispel the lies. This is a private school—we charge a fee for our school. Not to bring in

Free to roam neighborhood-unsafe-fear mongering-to scare the people

No secret court

Demands open up the record to the mayor’s review

co. followed every law

Mayor—show us what that research is

If common knowledge is not correct, educate…

Not all teens 16-18 are dangerous. This author needs to be held accountable

Emotionally driven concerns—

Can company

Mayor I do think we have obligation to the city that you have the wherewithal to do that. the standard is to make sure the city will not be left in the lurch to clean up mess.—Is this for Concept I only or for all businesses 8:22 p.m. How that is done can be done for each individual business. Is this decision based on rumors or facts. Preponderance of evidence.

Decker—private school. passion is education of kids. become well adjusted young adults.

24 hour staff to supervise kids.

Several roadblocks-to further political agenda—libelous document. Author will be held responsible in fullness of time.

Janell Smith leading charge—to cause school physical harm, under oath blatently lied to planning commission

She will be held accountable for damages to Academy to help destroy a school for children

A lot of undue negativity. In a few years, a good chance property values will rise due to our presence.

Release of private financials. We have to protect out rights too. Any information given out available to our competitiors. We will not acceed information that will harm our school. Separate the facts from the lies. 8:29

Darr. Somebody has already been calling our vendors and asking them not to do business in Huber Heights

School is a program we are running through our LLC

Darr, Not divulge application screening in an open session

Anything in information submitted that will prevent you from taking a student with a criminal record (discharged from penal system at age 14 and apply at 16. Mayor: Stay on task here.

Decker. Put it in writing and we will bring it back. Give it to our Council.

Mayor. Hey, I’m running the damn meeting. I’ll let Council talk when it’s Council’s turn to talk. You can address Council through me.

Darr. I find your behavior offensive.

Are you asking for my resume?

Mayor: the city would own it if the business were not capable of running it. Totally relevant if that’s the business history.

We could let our citizens know that wasn’t the issue.

Mayor-you testified if the building were torn down, it would cost $1 million

You’ve done nothing in here to show us you’re not one of those 80 percent of the people. Do you have anything to calm the concerns that’s not going to happen. Not at this time mayor.

Tyler: old Furrow’s set empty for years, govt. never took possession, zoning dept. following zoning ordinances enforced tghat by putting on assessments. Private company paid the assessments.

Tall Timbers parcel—not a single taxpayer $ was taken to take over that property

Is it the guarantee, no. Fifth Third behind furrows, ABC

Blanket assertions that it’s most likely going to happen, speculative, irrelevant, want to hear from citizens. Statement like that bothers me. Circle back and let’s move on because that point is invalid.

Mayor—I contend it is highly possible with a building that has a $million tear down cost.

School could tear it down,

Tracey. I tend to agree. After one hour, not yet heard from public. Let’s move on.

Karen—

in process of closing within three weeks

Auction in April, bid contingent on school board approval

Scott—HHCS exempt from property taxes. Tax records 0 for last year. 8:58 p.m.

Darr—$129,000 assessment begins the day we close

Had RE numbers run, that does appear it’s pretty close to the value

Karen, what is the last day you could see that in operation as a school for this year—3-4 weeks with county code-like to have kids in in October.

Rob—finding of facts

application—intended use

concerns stemmed around potential of clients—criminal potential. Very clear in saying

sealed with exception of three crimes 5:13.43

Can you state-do you have a substantial process

you are not operating the school; the vendor is.

Decker—access through a screening, legal guardian to address

Rob-you would rely on applicant to reveal that

Tyler-what’s the facts, what’s the law

9 weeks after Council approves us—longest time

Concerns of finances—any weight to a prior company that may or may not be in existence at this time

Darr—rumor and inuendo—no

Did you have a prior business effort that was unsuccessful, not willing to give a business resume. You as the applicant have the burden of the proof, Residents don’t have to prove anything to me. Burden of proof has not carried the preponderance of energy. You have the choice. One more opportunity…Ask for clarification of a busines owner’s…5 or six other businesses have been required to give their resume for a zoning decision. What prior businesses have or have not done is irrelevant. You have to persuade us that you have met your burden of proof.

Tyler—he doesn’t vote unless we tie. He doesn’t get to vote. We do. It’s the seven of us that will set that vote.

I respectfully decline.

Lyons—Fire chief—no sprinkler system?

Does is require sprinkling.

We have not received any plans, 4:54

You can not occupy building until

U-Haul being on

dormitory and keeping children over night.

Architect and engineer to present to us

Almost sure this would be the case

Decker

Darr-once zoning done, have architect drawing, code send to Fire Dept. who along with Montgomery,

nothing can go forward, have to come through code.

Darr—we are cleaning up the vandalism. Have contract in place, getting ready to close

That was a provision of contract that we would receive a key prior to closing.

Scott Lieberman—decision standards

preponderance of the evidence that A to R have been fulfilled, finding of facts before rendering a decision

Tyler-anything that Council has to give a decision tonight

3 readings of an ordinance, do not have to vote tonight.

table or pass on to next reading

Mayor—in favor of the issue 9:36

Pat Eshbaugh, teacher for 30 years, 26 at LaMendola

owe every child an opportunity for a quality education

K-12 plan online, will get that opportunity to have a decent application

students at Wayne have been incarcerated

More than likely will not be a burden, will be supervised

understand the concerns of the neighborhood

if it succeeds, one more feather in this community’s cap-do something positive

Kathy Butler—listened to rumors, accusations

Help them go down a good road

I don’t see why the community should be afraid of having kids open

When Montissouri school opened, did you put them through this.

These kids are going to be supervised.

They just want to help kids down the right road.

They both want to make a difference in someone’s life

Politics-someone’s afraid they’re not going to get re-elected

I intend to volunteer my services if this gets going.

I spent 25 years in the film industry

Lost will to be compassionate 9:45

Janell Smith—Garden Gate

I did call the dept of ed at OSU, not a vendor and not their client

Trust, but verify.

K-12 program is for homeschool children, also K12 plan If I wanted to home school, could use K12 which is what Darr is using.

Does this meet emergency legislation clause

Ran off 22 kids and one drug dealer. Did she call PD and report

all students screened before enrollment—by whom?

Going to be contributing 100,000 last week in property taxes, 129,000 today.

Due diligence. Circuit court of Lindenburg Va., doing business or trading as teresa Darr, brought resource documents, not

Aug. 2007 7200 award

March 2008 sole proprietor of Transitions

June 2010 ruling in favor of tobacco $125,000 didn’t pay property taxes in Va.

for saleat public auction

land contract gone bad—intended to house trouble juveniles

Why due diligence wasn’t done. Supreme Court is not your vendor or client, not potential customers. More than happy to hand over document. When she threw the military clause in there, JAG. As a military dependent offered free legal advice. Darr circulating a letter. At Chamber event last month, meets elements of slander. This is my time mam. Know who to hold accountable.

Didn’t pay an employer-Va., garnishment of wages $7,200 07’

Two left at 9:59

land contract gone bad in Mont. Co.

Ask Council do there due diligence before agreeing to any terms

paints mayor and —-as anti-business

She opened the door last week about any other problems she’s had

has not brought harmony to this community. Don’t want somebody coming in here and not giving us factual information

Expressed concerns about military clause

Had a school in Japan

For profit school

42 page court case—Mont. Co, sue related to electrical work

I feel her behavior is unprovessional, vote it down tonight, not fair we leaveher hanging. I would have spoke us whether I was running for office or not. Political assassination attempts need to stop. Not good for city.

I do not support this.

Mayor—why would this school not qualify as a short term or long term plan

It is impossible for military to deplay without a short term or long term plan in place. The military doesn’t leave children homeless

Question about foster care. I wanted documents 2 months ago. That’s relevant stuff—those are cases we should know about. I would prefer you make copies.

Don Webb—member of the PC—

What we used as our criteria, speaking on behalf of myself

PC considers adverse affect on the morals of the community—Altic & Corwin

Preponderance of the evidence that has to be met by the applicant

Asked about a timeline—vague responses, did not fit section B

Has to meet A thru L, burden on her

I’ve heard about the petition and previous financial situations

Difference between what this was, an elementary school and what it will be going from elementary schoool with finite hours accountable to a 24-7 business operation that will have shift changes. Residents on corners are not going to know what’s happening. 24 back yards abutting property. We were presented with a sketchy plan. Did not meet the preponderance of evidence.

Respect the fact you had a unanimous decision by PC and deny this application as it should be because it does not meet the requirements.

L—shall not adversely affect the public health, morals or welfare… Don—How do you know that?

Don—peace, neighbors used to a peaceful quiet environment. Mayor—that’s the one area I actually think will improve.

Don—and the impact on the neighborhood. A quiet evening on non-activity on the grounds. It’s a change of use for the property. In my opinion, that change of use will impact the neighborhood negatively.

Toni Webb—clarification question

Sealed records—if there is a waiver signed by the parents, I believe that information can be revealed

Three exceptions—murder, aggravated murder and rape. All other can be sealed.

Tyler—Sexual battery, juvenile sex crimes SB 10, public registry qualified…Ohio Public Defenders Office

Scott—They need to see code analysis…Code reviewer…Need to see a copy of the zoning certificate

Bruns, Darr and myself

I would hate ffor a business to be in the neighborhood

?— values better because close to an elementary school. I think out property values would decrease. Talk to people a

Don’t want to see building empty. What about a Sr. Center.

Leslie McMullen, own house on Tilbury,

bought because it was close to an elementary school. I have no had any answers tonight on who is going to live at that school. I don’t think anybody here wants a group home in their back yard. Property values will go down. Put familes at risk and neighborhoods at risk. Could damage us as a community.

Robert Beam—practical experience, spent 3 years in a residential school. Dredged up a lot of memories I thought had gone away. Under no circumstance do I want a facility like this. Generally at risk, but not court mandated.

Susan Mullen, Rustic Woods. Responsibility of applicant to provide ponderance that they can make a go of it. Already stated they don’t need to proof. No need to go forward.

Lisa Burke. opening of the records. Does records change according to state?

I would hope the city would find a better solution thana group home for at risk students.

Scott—options

PC recommended denial. move to 2nd reading. Reverse PC

Karen. As someone aluded at Public Works meeting, it is recommended we certainly not make a recommendatin to rest of Council without having tyhe minutes from this public hearing.l

Deliberation and decision should be done in Public Works.

Apply the general standards for approval. An exercise that will take some time. Move that we carry over to a second reading and have this as an imprtant agenda two weeks from tomorrow. Tuesday, Sept. 8

Mayor, chase down some of the court history

In case applicant wants to provide more information