Vote issuance lacks enough votes to waive

By Greg Smart - Courier editor

HUBER HEIGHTS — Monday night, the Huber Heights City Council heard the first reading of an ordinance issuing notes in the principal amount not to exceed $2.128 million plus the cost of issuance in anticipation of the issuance of bonds or other long term financing related to improving public streets and easements related to the Red Buckeye Road area. Fifth Third Bank will be the underwriter on this issue and it will be for a term of one year or less and the rate is estimated to be between 1 and 1.25 percent, according to City Manager Rob Schommer.

The administration’s recommendation was to waive the second and third reading and adopt the ordinance. After Tracy Dudley recused herself from the vote, Council voted 5-1 to waive the readings, with Council member Tyler Starline voting no. Since the legislation had an emergency clause, there were not enough votes to waive, hence no vote was taken to adopt. City Council person Mark Campbell was absent from the meeting.

Starline was asked by the Courier why he voted against waiving the ordinance.

“I had previously indicated that I thought that the Carriage Trail development supplementation through the amendments to the development agreement should be self sufficient at this point and that at this point we should be taking it to zero —the TIF portion out of the city rather than supplementing a portion of that and had indicated that I would prefer that we go that route,” said Starline. “This is the debt that is generated out of that and I asked regarding that previously. I feel passionately about the fact that I think that needs to be done and my vote against waiver was with the knowledge that this Council may itself have enough votes to pass when all are here, but I don’t think that the coincidence of absences should then force me or require me to change my vote.”

In a memo to Council, Assistant City Manager Don Jones said that as these notes mature and the projects are finalized, it is the intent to issue long term bonds or other financing at that time, based on market conditions that exist at that time. He said the funds will be used for the public infrastructure projects recently approved by City Council.

Jones indicated that the first project is the construction of the Red Buckeye Road and related public infrastructure in Carriage Trails. He indicated the city has agreed to fund up to $1.35 million toward this project to be paid back by the land owners thru agreed to special assessments.

The second project is to fund a portion of the public infrastructure to be installed in Sections 3 Phase II, 4 Phase IV, and 12 Phase III. The city has agreed to provide $199,000 which will be paid back by the property owners thru special assessments and $579,000 in TIF funds to be paid back by a portion of the TIF funds generated by the project, according to Schommer. The total special assessments portion of this issue is therefore $1,549,000 and the other TIF portion of this issue is $579,000, indicated Schommer.

Council voted to continue an agreement with Young, Pryor, Lynn & Jerardi to provide for the prosecution of cases in the Municipal Court of Montgomery County, a service they have provided to the city since 1992.

It is requested the same individual, Robert Coughlin, be maintained in the contract amount of $100,000 paid in monthly installments for 2016. The current terms of the contract would continue to apply including all secretarial services being covered by Coughlin.

In a memo to Council, City Manager Rob Schommer said that Coughlin has been a “very loyal and beneficial piece to the criminal justice team in Huber Heights and there is great desire to maintain his services.”

In other business, Council:

-Authorized entering a second amendment to the grant of public access easement agreement originally entered between the city and DEC Land Co. I, LLC on Feb. 1, 2008.

This request is for further modification, decreasing the total area by 0.412 acres, reducing some areas by 3.768 acres and increasing some areas by 3.356 acres. The revised total area would be 91.246 acres. In a memo to Council, Assistant City Manager Scott Falkowski said that due to some site conditions, the developer expanded the original project to save some wetland areas which requires the developer to purchase more land. At Planning Commission on Nov. 10 it was approved for a lot split to add to the area. There are some original access easements which run through this new portion that need to be amended. Miller-Valentine has requested that this be passed expeditiously so that it can close on the property and begin construction on the project.

-Appointed Eva Newby to the Board of Zoning Appeals for a term ending Jan. 31, 2017. Newby is currently serving on the Property Maintenance Review Board.

-Authorized an increase in the not to exceed amount for Pickrel, Schaeffer & Ebeling to $259,000 for additional legal services necessary in 2015, an increase of $70,000.

By Greg Smart

Courier editor

Reach Greg Smart at 937-684-8088 or on Twitter @

Reach Greg Smart at 937-684-8088 or on Twitter @