1 1 2 3 4 5 6 7 JEFFERSON TOWNSHIP 8 BOARD OF TRUSTEES MEETING 9 * * * 10 TRANSCRIPT OF PROCEEDINGS 11 * * * 12 DATE OF HEARING: Monday, February 24, 2003 Beginning at 5:35 p.m. 13 PLACE OF HEARING: One Business Parkway Drive 14 Dayton, Ohio 45427 15 BOARD MEMBERS: Angela R. Jones Edgar Ramsey 16 ZONING DIRECTOR: Verne Fortson 17 ADMINISTRATOR: Robert E. Bradley 18 * * * 19 20 21 22 23 24 25 2 1 MS JONES: I'd like to call the 2 meeting to order, please. If everyone would 3 stand and say the Pledge of Allegiance. 4 (Thereupon, the Pledge of Allegiance 5 was recited by everyone in attendance.) 6 MS. JONES: Mr. Bradley, roll call, 7 please. 8 MR. BRADLEY: Yes. Mr. Sims? 9 MS. JONES: Mr. Sims is excluding 10 himself from this meeting due to personal 11 conflict. 12 MR. BRADLEY: Mr. Ramsey? 13 MR. RAMSEY: Present. 14 MR. BRADLEY: And Ms. Jones? 15 MS. JONES: Present. 16 MR. BRADLEY: I think you have 17 before you Item III, trustee's hearing on Zoning 18 Commission Case ZC-02-001, rezoning of property 19 at State Route 4 and Shank Road. 20 MS. JONES: We did not have speaker 21 forms filled out. 22 MR. BRADLEY: Yes, you have -- you 23 have two. 24 MS. JONES: Would you please call 25 the first two names? And if you'd stand and try 3 1 to limit your comments to three minutes. 2 MR. BRADLEY: Looks like Mr. and 3 Mrs. Allison, Rezoning Case ZC-02-001. 4 MS. ALLISON: My name is Elaine 5 Allison. I live at 3048 Infirmary Road, which is 6 the corner of Infirmary and Shank, approximately 7 five or six hundred feet from the rezoning 8 property in question. 9 I am here today to speak against 10 this rezoning for a number of different reasons. 11 This location, as proposed, a gas 12 station/carryout, is an entirely inappropriate 13 location for such for several different reasons, 14 one being that this is a very country and rural 15 setting. We all moved out to this area for that 16 exact reason. We didn't want a bunch of big city 17 lights in this case. 18 There is quite a bit more 19 appropriate locations along Route 4, both mainly 20 to the north and southwest plaza area, where more 21 appropriate businesses like this one could be 22 located. There are numerous businesses up and 23 down Route 4 that already are this type of thing. 24 There's gas stations, two of which are up at the 25 corner of Gettysburg and Route 4, probably a mile 4 1 away, and down south on Route 4 probably a mile. 2 There's also -- there's a carryout by the name of 3 C&C Carryout, and then down into Germantown, 4 there's also such. You can go easterly into 5 Moraine to Fat Daddy's, and there's also a gas 6 station/carryout. This would be completely 7 redundant to have this here. 8 Also, I have concerns about fire 9 suppression and traffic. Can Jefferson Township, 10 the Regional Water Authority, if there would ever 11 be a fire here at that location, put something 12 like that out? And we don't need the additional 13 traffic. Thank you. 14 MS. JONES: You're welcome. Thank 15 you. 16 MR. BRADLEY: Next we will have a 17 Ms. Cassandra Creech, 5098 Shank Road. Rezoning. 18 I would like to speak last if possible. 19 MS. CREECH: I'd like to submit 20 fourteen affidavits. I did have more, but that 21 is all I could accumulate last night of people 22 against the rezoning in our area. 23 First, I'd like to say that I think 24 one of the major, major concerns is what else 25 could be in there even if it wasn't a gas 5 1 station. Once this gas station fails, which it 2 will, what else can go in there? According to 3 the Jefferson Township Zoning, under a B-2, it 4 allows for an eating place, number one, which an 5 eating place, number one, established other than 6 a dining room operated by a hotel/motel offering 7 food and beverages which may include liquor, 8 beer, and wine, if licensed by the State of Ohio 9 for consumption only inside the building. Does 10 that allow, if the gas station doesn't stay 11 there, a bar to go in? Everybody is really 12 worried about that. 13 MR. RAMSEY: Would you repeat that, 14 Cassandra. Worried about what going in now? 15 MS. CREECH: A bar, a restaurant 16 that heavily serves alcoholic beverages. A B-2 17 does allow for that. And also allows for eating 18 place/carryout, an establishment offering food 19 and beverages, which may include liquor, beer, 20 and wine, if licensed by the State of Ohio where 21 the beverages are dispensed for consumption 22 within the building or off the premises. 23 So you're bringing that kind of 24 atmosphere right into our neighborhood to walk 25 around the streets when they can't drive home. 6 1 That's -- I am really, really worried about that. 2 There's nothing that says that's not going to 3 happen. You can't guarantee me that that will 4 not happen. 5 I've been told that this was good 6 for the community. Can you honestly, if you 7 agree with that, say, if this was going in on 8 your street, that it is so good for the community 9 you would have to support it then? I doubt you 10 would be able to. It's not that good for the 11 community. And there is not a single person I 12 talk to in our neighborhood that wants anything 13 even remotely close to this going into the 14 neighborhood. 15 I had even more affidavits, but I 16 guess they didn't understand it had to be signed 17 in front of a notary, so I couldn't use them. 18 MR. RAMSEY: How many of these did 19 you present? 20 MS. CREECH: Fourteen. 21 MR. RAMSEY: I can count them. I 22 will count them. 23 MS. CREECH: I assume that the 24 Zoning Board would agree with this because of the 25 fight we had with Moraine over the annexation. I 7 1 believe I, Melanie Smith, Mr. Ramsey, and Vern, 2 and someone else stood up and spoke against the 3 annexation. We all talked about how we wanted to 4 keep the farmland, how we wanted to preserve the 5 atmosphere that was there. You can't have that 6 when there is a busy gas station/carryout right 7 smack dab in the middle of the neighborhood. 8 It's not going to happen. 9 And I'm assuming that Mr. Ramsey 10 understands that because of what you said in 11 front of the County Commissioners about your best 12 friend who everyone in the -- how Moraine bought 13 all the property around him, put a big old 14 building up in his backyard. Ruined his home. 15 Isn't it going to do the right same thing if you 16 set it right next to all the homes there. It's 17 going to take down the property values. There's 18 already one person selling out to the business 19 that comes in because their home will be useless. 20 No one will want it. It's destroying the 21 landscaping. Especially if it goes under, it 22 will be even worse. 23 There's just -- I would like for you 24 just to tell me something that's good about this 25 for the community. I mean, I haven't been able 8 1 to find anything yet that makes it good but the 2 almighty dollar. Is it really that important? 3 MS. JONES: Now, you understand that 4 we are hearing this, the decision that was made 5 by the Zoning Commission? It has not been made 6 by the Board of Trustees. We're hearing the 7 concerns on each sides of the case. This is our 8 first public hearing on this. 9 MS. CREECH: Then what takes place? 10 MS. JONES: After this, then the 11 Board can either overturn the Zoning Commission, 12 or then it proceeds onto the Zoning Appeals 13 Board; is that correct? 14 MS. FORTSON: (Nods head up and 15 down.) 16 MS. JONES: So we are hearing the 17 issues with this rezoning. 18 MS. CREECH: So you're saying if you 19 don't overturn their decision to already rezone 20 it, then it goes to the Board of Zoning Appeals 21 and then they hear it all over again? 22 MS. JONES: Yes. 23 MS. CREECH: And then if they agree 24 to it, what do we do then because we're not going 25 to stop? 9 1 MS. JONES: I think I just wanted to 2 clarify to you that the Board has not made a 3 decision in this, and we are just hearing the 4 case now. 5 MS. CREECH: Okay. I think that's 6 probably all I have. It's just not good. 7 MS. JONES: Thank you. 8 MR. BRADLEY: Next we have a Marion 9 Privett, 5750 Germantown Pike, opposition to 10 rezoning. 11 MS. PRIVETT: I have resided at 5750 12 Germantown Pike for the last twenty-nine years. 13 I've raised my son there. He's presently serving 14 in the Marine Corps. He hopes to come back and 15 raise his own family there eventually. 16 We are opposed on the grounds that 17 it will totally change the quality of life that 18 we enjoy. We have a farm, and we actively farm. 19 Unfortunately, we have concerns 20 about crime. Apparently carry-outs and service 21 stations tend to bring in people who would rather 22 rob than work. 23 MR. RAMSEY: I didn't hear that. 24 MS. PRIVETT: They would rather rob 25 for their money than work. And so we feel that 10 1 these people, after they've done this, they have 2 to go somewhere. We have elderly people, one 3 right across the road from the proposed business 4 on one side, and then my own mother-in-law right 5 there within practically a stone's throw. These 6 people are helpless. Both ladies are shut-ins. 7 They have no way of protecting themselves. 8 If you bring this sort of business 9 into our neighborhood, then we're going to have 10 people who can scope it out, they can sit there 11 in that business and they can look around and 12 they can say well, you know, those people are 13 never home or they're gone. And who will protect 14 us? We have wonderful sheriff's deputies, but 15 they can't be everywhere, and it does take them 16 at least four minutes to get there. 17 We don't need this in our 18 neighborhood. We're all attuned to driving to 19 work, getting our gas on the way. Very few of us 20 ever buy gas at expensive places. We're a 21 farming community, a small rural community, and 22 we like it that way. We don't want to change. 23 We don't expect a lot from the 24 trustees. We understand you're on a very limited 25 budget, so we're not busy asking you for anything 11 1 except protection and this is what we need. We 2 need you to protect our homes and our lifestyles 3 because we don't want to change. And this 4 court -- kind of change would force us into 5 changes, such as leaving Jefferson Township. We 6 don't want to do that. A lot of folks have made 7 a big commitment to the Township. 8 We want to keep it a township, we 9 want to keep it an area safe to raise our 10 children without having to worry about wandering 11 up the road and meeting up with somebody we don't 12 know. We're an active, involved community. We 13 get along, and we make a point of getting along. 14 In this, we're unanimous. We don't want this 15 business. I'm sorry these people have gone 16 through all this trouble because we don't want 17 them. Thank you very much. 18 MS. JONES: You're welcome. Thank 19 you. 20 MR. BRADLEY: Next, I will call 21 Rosie Dell, 2811 Infirmary Road. 22 MS. DELL: Yes, I'm Rosie Dell. I 23 live just around the corner, but I live on Shank 24 right across from the property and knew the 25 family who lived in the home before that family 12 1 died and then the son that took over the home and 2 before he died before the home was purchased by 3 the family -- or before these folks purchased the 4 home. I'm concerned about the history of the 5 home, like I told you at the last -- 6 MS. JONES: The underground railroad 7 stop. 8 THE WITNESS: Yes. I'm quite 9 concerned about the undocumented history of this 10 home being an underground railroad stop. I've 11 not had the time to do some of the research to 12 back up some of the underground history on this 13 home. Some of the family didn't really even know 14 about the fact that that had been an underground 15 stop. 16 So before the home is actually torn 17 down and demolished, I would really like for some 18 kind of preservation to take place of that home 19 and that particular barn, which looks like it's 20 going to fall over any minute. It had been a 21 carriage repair place in the early history of our 22 community, not just Jefferson Township, but of 23 Montgomery County. So there's a lot of 24 historical history to that piece of property that 25 we don't even realize. 13 1 So not only to ditto what my 2 neighbors have talked about in the way of crime, 3 neighborhood change, and our environment, there 4 also is history because I grew up in Jefferson 5 Township, I graduated, I went twelve years to 6 graduate. I graduated. I went to college, came 7 back, and lived in Jefferson Township. I am 8 concerned. 9 I was volunteer fire for a while. 10 So I know and I live in Jefferson Township, and 11 I'm concerned about what happens to my community. 12 So I do not like to see some of the phase of my 13 community change. Thank you. 14 MS. JONES: You're welcome. 15 MR. BRADLEY: Next will be a Ms. 16 Sylvia Gleason of 2295 Infirmary. 17 MS. GLEASON: I'm a long-term 18 resident of the Township also. I guess I would 19 like to see redeveloping some of the commercial 20 property that were viable when I first moved into 21 the Township, notably the southwest. We have 22 areas already zoned for this type of development, 23 why should we take a rural area and change the 24 character there? 25 Again, I echo the concerns for trash 14 1 and crime at the Shank Road location. Shank Road 2 is almost just a one-lane road coming into Route 3 4. I'm not sure it could support the traffic. 4 I've been with the park rangers, around with the 5 K9. On Sunday mornings they send people out to 6 clean up trash on Frytown Road. They jokingly 7 call it the Sunday morning cleanup crew. I don't 8 think the people on Shank Road want to see that 9 in their yards. 10 MS. JONES: Thank you. 11 MR. BRADLEY: And lastly, I have a 12 Jana -- 13 MS. DALTON: Jana. 14 MR. BRADLEY: Dalton. I'm sorry. 15 5555 Germantown Pike. 16 MS. DALTON: Good evening, Trustees. 17 First off, I'd like to compliment you on your 18 fine new facility. This is the first time I've 19 been here. 20 I own Brandt Creek Farm, which is on 21 Germantown Pike. I purchased it two years ago. 22 I've lived in the Township for over ten years. 23 I've moved here, I've talked my friends into 24 moving here for number of reasons. One reason is 25 for the green space. You have an oasis, and 15 1 green space is a commodity. 2 The market is saturated with 3 convenience stores and you could plop yourself 4 down one hundred miles from here and not know 5 you've moved because there is convenience stores, 6 markets, but Jefferson Township has a character. 7 And I understand that revenues are tight and the 8 market and the economy is soft and you're looking 9 to generate revenues in whatever way you can, and 10 you have an extremely difficult task in trying to 11 make zoning decisions, but I just ask you to 12 please consider the impact that you have not only 13 on the residents, but the community as a whole 14 and the character of the community. 15 I know Moraine is breathing down 16 your neck every day just about because they are 17 the evil empire and want to develop. And that's 18 not what we're about and that's what we think you 19 want to represent to us about, which is 20 maintaining green space and the character and the 21 ruralness of the area. 22 And selfishly, I love my farm. I 23 think I live in heaven. If I died right now, 24 today, I'd wake up and be at my farm. I'm afraid 25 with such developments that that would really 16 1 affect, you know, my decision to live here. So I 2 just hope that you consider before you make the 3 final decision. 4 MR. RAMSEY: Where are you located? 5 MS. DALTON: Pretty much 6 cater-corner from the property that's going to be 7 rezoned. 8 MR. RAMSEY: On Route 4? 9 MS. DALTON: On Route 4 just short 10 of -- 11 UNIDENTIFIED SPEAKER: The big red 12 barn. 13 MS. DALTON: Thank you. I'm glad 14 you noticed. I stuck about twenty thousand in 15 that big red barn. So I'm glad somebody noticed. 16 It's just short of Infirmary Road on the left. 17 New fence, the new barn, big three-story 18 farmhouse, built in 1879. And that's been here 19 longer than I've been around and will be here 20 well after I'm gone. 21 My concern is the domino effect. 22 Once you devalue a property, for good or bad, it 23 tends to be contagious. And like I said, if 24 there's really no demand for it, it's pointless, 25 and it does more harm than good ultimately. It 17 1 starts out like a shiny new penny, and within a 2 year or two, it really devalues the properties 3 around it and selfishly, it includes mine. 4 But it also reflects poorly on the 5 Township. Right now, I think the Township has 6 struggled to a point to try to get its character 7 and find its niche; and while we've been idling, 8 it's actually been to our advantage because 9 everyone else around us is developing and before 10 you know it, property value already has 11 decreased. But with little things like this, 12 and, you know, I know there's other issues as far 13 as landfills and chemical plants and all that, 14 and that just scares people away. 15 And it's having the leaders of our 16 community step forward and say look, we're going 17 to protect our community and help make good, wise 18 decisions that really maintain the confidence. 19 And that's what I want to say here today, we're 20 really -- our future is in your hands and all we 21 can do is tell you how we feel and try to 22 influence you to represent our best interest. So 23 thank you. 24 MS. JONES: Thank you. 25 MR. BRADLEY: And that's all the 18 1 statements I have -- requests I have, I should 2 say. 3 MS. JONES: I'm going to let you go 4 ahead and speak, and then -- 5 MR. ALLISON: My name is on one of 6 those sheets. 7 MS. JONES: I'll let you go ahead. 8 And then we'll step out for a minute and come 9 back, okay? So be patient with us. 10 MR. ALLISON: Mark Allison, 3048 11 Infirmary. Technically that's Moraine City. 12 I've lived there over twenty years. I enjoy the 13 area. It's a beautiful area, and I put 14 everything into my place. We have a big horse 15 farm. We just built a new humongous barn, makes 16 a nice addition to the place and the area. I've 17 had compliments from people that I don't even 18 know. 19 I know it's just down the road from 20 this proposed site, I think it's called Pappy 21 Jack's, they're adding a drive-through. There's 22 drive-throughs, and I know some of them are 23 technically in Dayton, Jefferson Township, and 24 some of them are in Germantown. There's a bunch 25 in the area there. 19 1 I guess what bothers me is there's a 2 bunch of other sites along Route 4 that are 3 condemned. 4 MR. RAMSEY: Just a minute. Just a 5 minute. Sir, you'll have to turn that off. We 6 aren't going to have those cell phones in our 7 meetings. Thank you. 8 MR. ALLISON: Thank you. And the 9 really -- I don't feel there's much control. I 10 kind of think this was purchased for speculation. 11 Once they get their zoning, who they're going to 12 sell it to, we have no control over, whether it 13 be a major oil company or what happens six months 14 down the road. I realize they're tight on funds 15 here, a lot of cities in Ohio are, but I don't 16 think this is a good, long-term solution for 17 Jefferson Township or the residents here in the 18 area. Thank you. 19 (Thereupon, an off-the-record 20 discussion was had.) 21 MS. JONES: I was just informed that 22 the applicants are here. I'm sorry. I did not 23 know that's who you are. I'll allow you two a 24 few moments to speak to the Board. 25 And you are -- would you please 20 1 state your name and where you reside, please? 2 MR. KHAN: My name is Tarig Khan. I 3 live in Mason. And we explained before to you -- 4 and I respect all the comments and all the 5 concern of the neighbors. The thing, as I 6 explained before too, that it's -- like seems to 7 me it's like the thing that we are not building a 8 gas station, we are building some criminal 9 activity center, criminal or all the crimes are 10 going to come. You know there are ton of gas 11 stations in our community. Even down the road, 12 one in the Germantown Township. You know, it's 13 just a basic necessity. Everybody has a car, 14 they go through, get their gas, get some -- like 15 drive-through stuff, milk, bread, and all those 16 things. 17 And I mean, to say this is like one 18 and I never see any like -- if some development 19 is going on it, decreases the property's value. 20 Yeah, I can understand if the landfill is coming, 21 that definitely going to decrease the value of 22 the land. But if you're developing -- like you 23 give me one example or they can give me one 24 example in any of the country town or in very 25 small town, is there anyone who's without a gas 21 1 station or without a drive-through? Is it going 2 to destroy their farm or destroy their land or 3 destroy like a greenery? Nothing. It's just a 4 very simple thing. It's just a gas station, a 5 very basic thing. 6 And the thing is, if any -- it's 7 going to bring the business, it's going to bring 8 prosperity. It's going to bring like a 9 development. And all the cities go through 10 those. I mean, to say that Jefferson Township is 11 not a township which we can preserve and we don't 12 want to make any changes for like the next 13 hundred years. If we are not going to be 14 allowed, maybe it's down the road, after one 15 year, two year, three year, somebody else is 16 going to come and do something. Are you going to 17 like make a law, okay, from now on because this 18 is a farm, like a farmer, or this is a small 19 town, we're not going to develop any of the gas 20 station, any of the business, we're not going to 21 welcome any business in this town because it's 22 going to bring more crimes here? I don't see 23 that the business is going to bring a crime. 24 Maybe they're going to protect the town, maybe 25 they're going to provide more tax money to 22 1 protect the neighbors, to other things. 2 And another point I want to clarify 3 is they said that there are two gas stations on 4 either side on a one-mile distance. Those are 5 four and a half kilometer distance on either one. 6 One is on Germantown Pike and the other one is on 7 73 and Route 4. And the other one is on the 8 other side. 9 So I would have to be -- they have 10 to understand they're not destroying their farms. 11 Those are beautiful to the nature, beautiful to 12 the city. We are not like building the gas 13 station on some farm. It's already a 14 residential. It's like we're not even trying to 15 develop that corner, which was ready to like fall 16 down any day. It's like so old and nobody was 17 living there. 18 And the other concern is that 19 there's got to be a lot of trash around that 20 area. That's why we paid for more land. Most of 21 gas stations have quarter of acre or at the most 22 its one acre, but this land is four acre. So 23 that means in a four-acre land, there is not that 24 much residential closer to that one. The other 25 gas station, they are so close to the residents 23 1 that I don't think so, like those people they 2 have any problem or their property value 3 decreases or anything happen to their properties 4 or they got more crimes or robberies or, you 5 know, criminals came to their town. 6 If there is criminal, even if you 7 build a bank tomorrow here, if some criminal is 8 going to come, do you have a guarantee that 9 they're not going to rob the bank? A bank is a 10 very basic thing. So the gas station is -- 11 they're not going to come because of the gas 12 station. Maybe they're going to come because 13 they're going to see more traffic, people who's 14 monitoring and watching, instead of if there is 15 no business there. 16 And for the city purposes, I mean, 17 to say every city want to support the businesses, 18 they want to support the residents too, so I mean 19 to say I -- I don't see any as like over business 20 is going to bring the criminal or not anybody 21 else. And it's going to -- like the crime rate 22 is going to increase in this area, but I'm 23 hopeful that maybe the tax dollar is going to be 24 more and employment, like if we bring some 25 business tomorrow, some other folks is going to 24 1 come up and say there is another lot there, why 2 don't I establish business because they are doing 3 fine. Or like a two lots next to us, they are 4 like two businesses who are B-4. But is -- 5 because of them, the crime rate comes up or does 6 it decrease their values? I don't think so. 7 They are next-door neighbor to them. They are 8 not even two acres from them or four acres away 9 from them, next-door neighbors. And they're a 10 business four. And if they didn't bring any 11 crimes there or if those businesses didn't 12 devalue their property, then how come this 13 property is going to devalue their properties or 14 this business is going to devalue their 15 properties? 16 Do you have any other question or 17 concern? 18 MS. JONES: I don't have any 19 question. Mr. Ramsey, do you have any questions? 20 MR. RAMSEY: For my information, is 21 there anybody here -- is there anybody else here 22 that's for this? 23 MR. HAUGHT: I'm the realtor. I had 24 a comment too. 25 MS. JONES: I'm sorry, sir, then 25 1 stand and say your name, please. Also, if you 2 would, would you say where you reside, please? 3 MR. HAUGHT: Tony Haught. I'm a 4 realtor. I live in West Carrollton, but I grew 5 up in Jefferson Township. There are many of 6 times when I was a little boy, I walked down 7 Pentical Road down to Route 4 down to Talents 8 Market. Some of the people might remember 9 Talents Market on Route 4. I know several times 10 my family needed some bread or milk, that's where 11 they had to go, they didn't have to try to go to 12 Miamisburg or Germantown to do that. 13 This is just kind of convenient. 14 Downtown Germantown has a BP right downtown and 15 the Citgo station does real well. Probably one 16 of these -- if we don't get this zoning, it would 17 probably go down the road in Moraine, which, you 18 know, we'd rather see Jefferson get the revenues 19 from that because it's probably going to go 20 somewhere they need something out that way. So 21 that's really all I had to say. 22 MS. JONES: Thank you, sir. 23 MR. RAMSEY: What's his name? 24 MR. HAUGHT: Tony Haught. H A U G H T. 25 MS. JONES: All right. Thank you. 26 1 Give us a few minutes. 2 (Thereupon, the Board convened in 3 executive session.) 4 MS. JONES: We are no longer 5 receiving comments. We have come back from 6 executive session, and we will now address the 7 issues of the rezoning. 8 Mr. Bradley, do you want to take us 9 on from this point? 10 MR. BRADLEY: Yes. The Trustees 11 have heard Zoning Commission Case ZC-02-001, 12 rezoning of property at State Route 4 and Shank 13 Road. Is it appropriate now to ask for a vote on 14 the recommendation of the Zoning Commission? 15 MS. JONES: That will be fine. 16 MR. BRADLEY: Mr. Ramsey? 17 MR. RAMSEY: No. 18 MR. BRADLEY: Ms. Jones? 19 MS. JONES: No. That concludes the 20 hearing. After hearing the concerns of the 21 citizens in regards to this, the decisions was 22 based on the fact that we think it will bring 23 hardship to the community. 24 MR. RAMSEY: If you don't understand 25 what that means, we've overruled the Zoning 27 1 Commission. 2 MS. JONES: The next thing on the 3 agenda is adjournment. Thank you all for coming. 4 (Thereupon, the proceedings were 5 concluded at 6:20 o'clock p.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 1 STATE OF OHIO ) 2 COUNTY OF MONTGOMERY ) SS: CERTIFICATE 3 I, Michelle A. Elam, a Notary Public 4 within and for the State of Ohio, duly 5 commissioned and qualified, 6 DO HEREBY CERTIFY that the above-named 7 hearing was reduced to writing by me 8 stenographically in the presence of the parties 9 and thereafter reduced to typewriting. 10 I FURTHER CERTIFY that I am not a 11 relative or Attorney of either party nor in any 12 manner interested in the event of this action. 13 IN WITNESS WHEREOF, I have hereunto set 14 my hand and seal of office at Dayton, Ohio, on 15 this _ _ _ day of _ _ _ _ _ _ _ _ _, 2003. 16 17 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MICHELLE A. ELAM 18 NOTARY PUBLIC, STATE OF OHIO My commission expires 5-02-2005 19 20 21 22 23 24 25