1 1 2 3 4 5 6 7 8 JEFFERSON TOWNSHIP 9 BOARD OF TRUSTEES MEETING 10 * * * 11 TRANSCRIPT OF PROCEEDINGS 12 13 DATE OF HEARING: Tuesday, August 12, 2003 beginning at 5:30 o'clock p.m. 14 PLACE OF HEARING: One Business Parkway Drive 15 Dayton, Ohio 45427 16 BOARD MEMBERS: Edgar Ramsey Brice Sims 17 Angela R. Jones 18 CLERK: Allen Elijah 19 ADMINISTRATOR: Edward E. Bradley 20 21 22 23 24 25 2 1 MS. JONES: I would like to call the 2 meeting to order. If you would please stand and 3 say the Pledge of Allegiance. 4 (Whereupon, all stood and said the 5 Pledge of Allegiance). 6 MS. JONES: Roll call, Mr. Bradley, 7 please. 8 MR. BRADLEY: Yes, roll call. 9 (Whereupon, roll call was taken.) 10 MS. JONES: Now, my understanding is 11 is that we are not doing these in the exact order 12 of the agenda. So we will probably need to amend 13 it. Is that correct, Mrs. Fortson? 14 MS. FORTSON: That's correct. 15 MS. JONES: We will be doing case 16 number PD-003-002 first. Mr. Bradley, did you 17 get that? 18 MR. BRADLEY: Yes. 19 MS. JONES: So we need to move on 20 with the agenda, if you would -- 21 MR. BRADLEY: I would like to have a 22 swearing in for all those persons giving 23 testimony at today's hearing. If you plan to, 24 please raise your right hand. 25 (Whereupon, all people giving 3 1 testimony were duly sworn.) 2 MS. JONES: Thank you. Mrs. 3 Fortson, you are going to do the first 4 presentation for Case No. PD-003-002; is that 5 correct? 6 MS. FORTSON: Yes. We have 7 PD-003-002. I have Resolution 03-29, recommend 8 approval of proposed amendment to the text and 9 map of the zoning resolution of Jefferson 10 Township, Montgomery County, Ohio. Whereas 11 Matthew McLaughlin, owners of property located at 12 Germantown Pike, Jefferson Township, Montgomery 13 County, have filed an application to amend the 14 zoning of said property of 1.19 acres from 15 agricultural district to PD, which is planned 16 development. 17 Whereas, the Montgomery County, 18 Ohio, Planning Commission has recommended that 19 the proposed amendment to the text and map of 20 said zoning resolution be approved. Whereas, the 21 Jefferson Township Zoning Commission has 22 conducted a hearing, heard evidence, and upon 23 consideration hereby recommends approval of the 24 said property from A agricultural to PD, planned 25 development, in order to promote the health, 4 1 safety, and morals of Jefferson Township. 2 Now, therefore, be it resolved by 3 the Zoning Commission for Jefferson Township, it 4 is hereby recommended that the amendment to the 5 text and maps of the zoning resolution for 6 Jefferson Township -- be it further resolved that 7 this resolution be forwarded to the board of 8 trustees for Jefferson Township, Montgomery 9 County, Ohio, pursuant to Ohio Revised Code 10 Section 519.12. This resolution adopted the 2nd 11 day of July, 2003. 12 MS. JONES: Can I have a motion on 13 the table for -- I am sorry? Oh, we will then -- 14 well, it was a recommendation of the zoning 15 commission; is that correct? 16 MR. SIMS: Yes. 17 MS. FORTSON: That's correct. 18 MR. SIMS: I make a motion -- 19 MS. JONES: Well, what we need to do 20 is we would have to talk to the applicant first. 21 So if we could have a presentation by the 22 applicant, if they are here? 23 MR. MCLAUGHLIN: They are here. 24 MS. JONES: If you will please 25 address the board. 5 1 MR. MCNAMEE: Good evening. My name 2 is Michael McNamee, and my address is 2625 3 Commons Boulevard, and that's in Beavercreek, 4 Ohio. I am legal counsel for Mike McLaughlin, 5 and I have helped Mike put this application 6 together for changing the property that he owns 7 at 6021 Germantown Pike from agriculture district 8 to the -- to a PD district. 9 And, specifically, we are asking 10 that the district be -- or the property be 11 rezoned to allow the construction and operation 12 of a store and lock facility. The facility 13 itself consists of four separate storage 14 facilities, and the facilities consist of a total 15 of seventy-two units of a hundred and four square 16 feet each and forty units of fifty square feet 17 each. There will be three buildings -- or four 18 buildings, I should say. 19 They will be thirty foot wide by a 20 hundred and ten feet long, twenty feet wide by a 21 hundred and ten feet long. Another one, twenty 22 feet wide by a hundred and ten feet long, and 23 another that is thirty by one hundred feet. The 24 construction materials that's being proposed for 25 the store and lock, we have had an artist's 6 1 rendering done. Mr. McLaughlin wanted to make 2 sure that he had a quality facility, and so it's 3 all aluminum construction, and the interior walls 4 are all wood stud. What do you have on the 5 interior walls? 6 MR. MCLAUGHLIN: Metal walls and 7 wood studs. 8 MR. MCNAMEE: And, as you can see, 9 the site is bound by a chain link fence different 10 from this artist's rendering. There was a 11 concern expressed by Jefferson Township Zoning 12 Commission that the chain link fence was not 13 aesthetic enough. And so we have changed that 14 to -- Mike, do you want to explain that real 15 briefly what you have changed it to? 16 MR. MCLAUGHLIN: It's a vinyl coated 17 chain link fence. The chain link fence they 18 worried about looking bad in time, which it will. 19 So along the front, we will use a vinyl coated 20 green to match the color of the buildings. All 21 the posts, the top rail, everything will be vinyl 22 green coated so it will last and not change color 23 in time. There will also be bushes down along 24 the front. 25 MR. MCNAMEE: Okay. So I will just 7 1 kind of let that rest right here, Mike. One of 2 the things Mike tried to do, too, when he did the 3 planning -- and, hopefully, you received a packet 4 of information that we provided. We have got a 5 site plan included in there, if I may approach 6 and lay it down on the table. It might be 7 helpful for us to look at the site plan here a 8 little bit. Mike, maybe you can come up here and 9 help me since you know the site a lot better than 10 I do. 11 We want to take a buffering into 12 consideration. And so right here, we have a 13 large -- we have a large area confirmed 14 approximately how tall? 15 MR. MCLAUGHLIN: Eight feet. 16 MR. MCNAMEE: Eight feet in height. 17 So the rear of it is buffered. Then, right here 18 (indicating), we have a natural tree line on this 19 side of the property. And you see that the plan 20 calls for the planting of shrubbery. 21 MS. JONES: I am sorry, sir. If we 22 can ask the citizens to -- okay. And you were 23 talking about? 24 MR. MCNAMEE: Yes. I was on the 25 buffering issue. So what we have also done is 8 1 make sure that these two sides, which don't have 2 any natural buffering to it, that we have got it 3 all lined with shrubs. The entire facility is 4 secured by a chain link fence. We have enclosed 5 an electronic gate here, so access may only be 6 granted by a card that is given to the tenants. 7 You might want to speak about the 8 hours of operation and things of that nature, 9 which we can control by the gate because that was 10 another concern that was expressed by the two 11 planning commissions. 12 MR. MCLAUGHLIN: There is no need 13 for somebody to come into the facility like this 14 at 2 o'clock in the morning at odd hours. That's 15 nothing but trouble. So the gate to -- the hours 16 will vary a little bit throughout the year, but 17 it will mainly be daylight hours only. In the 18 summertime, it could be as much from 6 to 8, then 19 in the wintertime it would be shortened for 20 daylight hours only. The place will have lights, 21 will be lit, but the access to the gate is on a 22 clock and will only have access during daylight 23 hours. 24 MR. RAMSEY: On that chain link 25 fence, are you going to put a decorative fence 9 1 all the way around? 2 MR. MCLAUGHLIN: It is just on the 3 front. 4 MR. RAMSEY: Just on the front? 5 MR. MCLAUGHLIN: This side over 6 here, you wouldn't be able to see. The backside 7 you won't see very well at all. This side is all 8 up against them bushes because the Township 9 Planning Commission asked us to put them across 10 the front. They asked for that, and they asked 11 for the restricted hours of operation, and we 12 agreed to both. 13 MR. RAMSEY: What did the county 14 zoning commission, did they recommend this? 15 MR. MCNAMEE: They did. They did. 16 And, to be candid, the staff recommended 17 disapproval because they thought there was a 18 concern with the residential nature of the 19 property. And one of the commissioners, one of 20 the members there, said he was very familiar with 21 the area, as we are, noted that this area is in a 22 transition zone right now. 23 The residential uses, they are 24 really leaving. It's the property -- the area is 25 pretty run down, and it's more commercial use 10 1 than anything else. So, if anything, this use 2 helps transition the area to more commercial in 3 nature. And that's when we received subsequent 4 approval by Montgomery County. 5 MR. RAMSEY: On the time thing, you 6 say it's going to fluctuate with the summer and 7 winter, that kind of thing, sometimes 6 to 8 whatever. Now, what happens if a tenant comes in 9 at 2 in the morning? 10 MR. MCLAUGHLIN: He can't get 11 access. 12 MR. RAMSEY: He won't be able to get 13 in? 14 MR. MCLAUGHLIN: That's correct. 15 MR. RAMSEY: It's going to be closed 16 at those hours? 17 MR. MCLAUGHLIN: Yes. There is a 18 key pad on the inside that he has to push his 19 code in to make the gate open, and that -- that 20 key pad has a clock in it, and it is controlled 21 by a timer that I set what hours it is open and 22 closed. You can access it. 23 MR. RAMSEY: I don't have any more 24 questions. 25 MR. SIMS: I don't, either. I don't 11 1 have no other questions. 2 MR. MCNAMEE: Part of the 3 application itself, if I might point out because 4 we tried to anticipate all of these type of 5 operational concerns. We put in very strict 6 setup guidelines. We have a copy of our lease 7 that's in there. So -- 8 MR. MCLAUGHLIN: There will be no 9 outside storage on this. Other units do that. 10 Here, there will be nothing but the buildings. 11 Anything stored will be inside, no hazardous 12 materials. All the water -- water goes back out 13 on the state road. All the water absorbed by me 14 goes into my pond. 15 MR. RAMSEY: Basically, what do you 16 store in those things? 17 MR. MCLAUGHLIN: Residential items. 18 MR. RAMSEY: Residential items? 19 MR. MCLAUGHLIN: Most generally, 20 yes. 21 MR. RAMSEY: Can a truck go in 22 there? 23 MR. MCLAUGHLIN: There will be eight 24 units that will be big enough for a car. 25 MS. JONES: Mr. Sims, do you have 12 1 anymore questions? 2 MR. SIMS: No, I don't. 3 MS. JONES: I just want to clarify 4 two things. So you guys understand that 5 accepting this resolution that there are -- and 6 tell me if I am right -- two conditions to this 7 that have to be met? 8 MS. FORTSON: Yes. 9 MS. JONES: One being the fence? 10 MS. FORTSON: Yes. 11 MS. JONES: The other being the 12 hours. Time frame -- 13 MR. MCNAMEE: As far as 14 construction? 15 MS. JONES: -- this project will 16 start? 17 MR. MCNAMEE: Well, what's being 18 approved today, if I am correct, Verne, is we did 19 get the preliminary plan approach. So, when we 20 get our final plans, we still have to go back to 21 the zoning commission again and make sure our 22 final plans are consistent with our preliminary. 23 So we expect to do that immediately. We have 24 those plans. So that will take a month. Then, 25 when we get our building permits, that will be a 13 1 week. Then it will take two months for 2 construction. So we should be finished, give 3 ourselves some lead time, about four months. 4 Does that sound about right, Mike? 5 MR. MCLAUGHLIN: Yes, sir. 6 MS. JONES: And the landscape is 7 definitely part of the project? 8 MR. MCNAMEE: That's part of the 9 condition. Back to the two conditions that you 10 mentioned, any other condition that we 11 voluntarily submit will be a part of it. 12 MS. JONES: All right. Thank you. 13 MR. MCNAMEE: All right. Thank you. 14 MS. JONES: Citizens' comments? Are 15 there any comments in regards to -- 16 MR. BRADLEY: I have two slips, Mike 17 McLaughlin at 2625 Commons Boulevard. 18 MR. MCLAUGHLIN: That's me. 19 MR. MCNAMEE: I have already said my 20 peace. Thank you. 21 MR. BRADLEY: And Sally Boykins? 22 MS. BOYKINS: Sarah Boykins. 23 MR. BRADLEY: I am sorry, 5121 24 Ballard Drive. 25 MS. JONES: Is this in regards to 14 1 this case? 2 MS. BOYKINS: Yeah, I need to ask a 3 question. I want to -- I mean, what is it? What 4 is it that you are putting out there, and how is 5 it going to benefit Jefferson Township? 6 MR. SIMS: Let me do something. 7 MS. JONES: He can show you. 8 MR. SIMS: Can you hold it up? 9 MR. MCNAMEE: It's a store and lock 10 facility. You will have -- 11 MS. BOYKINS: Where people store 12 their stuff? 13 MR. MCNAMEE: Personal belongings, 14 household belongings when they run out of room in 15 their home or apartment, and that's a typical use 16 for something like this. 17 MS. BOYKINS: Okay. So do you all 18 think that would benefit Jefferson Township? 19 MS. JONES: Well, we will vote on it. 20 MS. BOYKINS: Okay. 21 MS. JONES: Did we have any other 22 additional comments? Can I have a motion on the 23 table, please? 24 MR. SIMS: Is that the Case No. 25 PD -- 15 1 MS. JONES: For Case No. PD-003-002. 2 MR. SIMS: I make a motion to 3 approve it. 4 MR. RAMSEY: I will second. 5 MS. JONES: Can I have a vote on the 6 motion, please? 7 MR. ELIJAH: The motion has been 8 properly motioned and seconded. Mr. Ramsey, how 9 do you vote? 10 MR. RAMSEY: Yes. 11 MR. ELIJAH: Ms. Jones, how do you 12 vote? 13 MS. JONES: Yes. 14 MR. ELIJAH: Mr. Sims? 15 MR. SIMS: Yes. 16 MR. ELIJAH: Please let the record 17 reflect the reference of the passage of the 18 motion. 19 MR. MCNAMEE: Thank you for your 20 consideration. 21 MS. JONES: You are welcome. As I 22 had stated earlier, there were some changes in 23 the amendments. So now we will go back to the 24 initial thing at the beginning of the agenda, 25 which is the Shekinah Ranch hearing, which is 16 1 ZC-003-001. Mr. Bradley, all of those who plan 2 to testify in the hearing, if you will please 3 stand? 4 MR. BRADLEY: All of those people -- 5 MR. ELIJAH: They have been sworn 6 in. 7 MS. JONES: Everybody who stood up 8 have been for both. Presentation from the 9 applicant? Verne, would you like to present the 10 case? 11 MS. FORTSON: The applicant 12 contacted us yesterday and basically wanted us to 13 postpone the hearing. We advised him that we 14 cannot postpone the hearing. We will have to 15 continue. Since this is an ongoing motion, it 16 has to continue. So they had to be made aware. 17 I have a resolution, 03-28, recommend denial of 18 proposed amendment to the text and map of the 19 zoning resolution of Jefferson Township, whereas 20 Shekinah Ranch Foundation, owner of property 21 located at 6450 Derby Road, Jefferson Township, 22 have filed an application to amend the zoning of 23 said property of thirty-six acres from R-1 single 24 family residential district to agriculture. 25 Whereas, the Montgomery County, 17 1 Ohio, Planning Commission has recommended that 2 the proposed amendment to the text and map of 3 said zoning resolution be approved and, whereas, 4 the Jefferson Township zoning commission has 5 conducted a hearing, heard evidence, and upon 6 consideration hereby recommends denial of said 7 property from R-1 to A in order to promote the 8 health, safety, and morals of Jefferson Township. 9 Now, therefore, be it resolved by 10 the zoning commission for Jefferson Township, it 11 is hereby recommended that the amendment to the 12 text and maps of the zoning resolution for 13 Jefferson Township -- be it further resolved that 14 this resolution be forwarded to the board of 15 trustees for Jefferson Township, pursuant to Ohio 16 Revised Code Section 519.12. This resolution 17 adopted the 7th day of July, 2003. 18 MS. JONES: Citizens' comments? 19 MR. BRADLEY: I have several. 20 First, I have Ms. Robin Mobley of 1048 Maiden 21 about the ranch. 22 MS. MOBLEY: Thank you. First, I 23 just would like to say that I do live in 24 Jefferson Township, and I have four children that 25 live with me also. And I am sad to hear that we, 18 1 as a community -- or let me just say some of our 2 fellow residents have no hope or love for our 3 future generation, which is our youth. To hear 4 of the anger of not wanting an organization to 5 come into Jefferson Township to help, and, yes, 6 other youth better themselves for life, I guess 7 we do not get it. They are our future. 8 One day, we will need someone to 9 take care of us. If we do not get a handle on 10 them or if we do not mold them, I fear to see 11 what will happen to them and us. Why must we 12 fight against each other all the time in 13 Jefferson? This is 2003. We need each other, 14 and we also need our children. 15 I drive down Derby all the time. 16 The ranch is not the only ranch or farm that has 17 animals. I counted at least three or four on 18 Derby, more around the road. I want to address 19 some issues on a letter that I had a chance to 20 see. One of the issues I heard the concern was 21 the smell. Well, it's out in the country. You 22 can drive around. I don't think that it would 23 make any difference if they are there or not 24 there. 25 The second thing was the insects. 19 1 Insects are already there. You are out in the 2 suburb, out in the country. Number three, it 3 said there was a statement about crime. What are 4 you talking about? Are you assuming anyone 5 helping children, whether they are disadvantaged, 6 whether they are black, whether they are white, 7 that they will bring crime if we bring them into 8 Jefferson Township? I really want to know. 9 Number four, let's talk about 10 traffic. You have traffic every day. Kids going 11 to school, kids going to practice, kids going to 12 games. That is something that goes on every day. 13 As far as the noise, what sounds, sounds of the 14 animals, animals that are already there that are 15 at a couple of farms that are there and around 16 the road? Number six, about the wells, there was 17 an issue about the wells. If there is going to 18 be contamination, it should be contaminated by an 19 animal because, once again, I am going to say I 20 noticed that there was one, two, three, maybe 21 three farms or something around in that area. 22 And then when you -- there was a 23 comment mentioned about property value. I don't 24 see how that is going to hurt anyone's property 25 value. So I just wanted to say that I am here in 20 1 support of anything that is supporting children, 2 anything that will bring something positive to 3 Jefferson Township, to Jefferson Township 4 children. I just want to let everyone know that 5 I support it. And I do have a question. I guess 6 I can ask it to Verne. As far as the farm, you 7 need to have -- is it eleven acres, twelve acres, 8 thirteen acres? 9 MS. FORTSON: Ten or more acres in 10 residential. 11 MS. MOBLEY: Okay. And he already 12 has thirty? 13 MS. FORTSON: Thirty-six, yes. 14 MS. MOBLEY: He already has enough 15 to be a mini farm, right? 16 MS. FORTSON: Yes. 17 MS. MOBLEY: I guess I am getting 18 confused, and I really don't understand what the 19 problem is. 20 MR. BRADLEY: Next, I have a Hillary 21 McCleery of Derby Road regarding Shekinah Ranch. 22 MS. MCCLEERY: I live next door to 23 the property that this day camp is being proposed 24 for. I am in no way against our youth or against 25 projects that help youth. In the Dayton area, 21 1 there are several different programs already 2 available to Dayton youth. We have the Dayton 3 Metro Parks for the youth. We have a program 4 called Dakota Ranch or Dakota something that is 5 also available to our youth. 6 There are the Y that is up on 7 Dayton-Liberty that is available to our youth. I 8 am in no way against that. I do live next door. 9 I do have an increase of odor already, an 10 increase of insects. The gentleman has not 11 maintained the property as far as mowing the 12 grass. He has cut down limbs and left them lay 13 for two months. The place is in a shambles. 14 I have found two cats come over to 15 my property dying, one under my pool, one in my 16 front yard with encrusted eyes and starving to 17 death. They are coming from his property. He 18 has not in any way been willing to work with us, 19 to do anything. In fact, I feel he has slandered 20 me in the media, which is not the first time he 21 has done this. 22 Now, his property or his problems 23 that he had over on Shank Road went into civil 24 court, and the reason being is because of his 25 flagrant disregard for his neighbors, for a 22 1 neighbor's dog, which was supposedly shot on the 2 property. He -- I went over when he bought this 3 property, and my dog was a puppy. I asked him if 4 my dog was bothering him. They told me no, she 5 was no problem. 6 So they allowed her to run on the 7 property, and so did I. Then he brought in a 8 herd of sheep. My dog is a Border Collie. Her 9 nature is to herd sheep. She ran around the 10 pens, which have an electric fence on them. They 11 came and told me. I brought her home. I hoped 12 to teach her not to go over there. She went over 13 there again. I switched her and brought her 14 home. 15 I called Invisible Fence and had an 16 eleven hundred dollar fence installed on my 17 property to keep my dog in, and now I am having 18 his animals over on my property. In addition to 19 which when this was filed, this in civil court, 20 one of the last items that was ordered by the 21 Court in Montgomery County was that each party is 22 ordered not to make any negative statements about 23 the other concerning the resolution of this 24 litigation. Here, we have articles by 25 Mr. Donovan where he, indeed, does slander, the 23 1 date being March 16, three months after that 2 court order, he slandered them; yes, threatened. 3 We have a professional appraisal. 4 Now, he got this, and he wanted the lady to sell 5 him the land for one hundred and forty thousand 6 dollars. He then states the seller attempted to 7 gouge us by asking two hundred and seventy 8 dollars. This, in short, is highway robbery. 9 Now, this was published. That woman has every 10 right to ask any amount that she wants for her 11 property, and he shouldn't have been able to take 12 her into civil court to force her to charge it 13 for less. 14 We now have a civil proceeding 15 against us because of Mr. Larkins. The letter 16 that can be read, the excerpts of it are there 17 are many instances, these are from the neighbors 18 on Shank Road, Infirmary Road, Pinnacle Road, and 19 Route 4. Given Mr. Larkins' past history of 20 temperamental outbursts with surrounding 21 neighbors, authorities being called for no legal 22 reason but to intimidate, the history of lawsuits 23 he tends to file against others, and his public 24 insults on TV news stations, many of us fear the 25 hostile retribution that we may incur. 24 1 I am now under a doctor's care for 2 anxiety and insomnia because of the things that 3 this man has been doing to me and my family. He 4 will have increase in wastes. They also state 5 the amount of traffic was not only on the 6 weekends during the day. There were many 7 evenings into the wee hours of the morning that 8 vehicles would be coming and going on a regular 9 basis. 10 The amount of large service trucks 11 needed to service such a facility was greatly 12 increased by their presence also. Being the 13 close-knit community we are, many of us can 14 attest to the fact that bills incurred by the 15 ranch and its activities were delinquent by many 16 months, and several of them were never paid, 17 including a large portion of monies that the 18 Court ordered to be paid to Mrs. Washington, and 19 it has still not yet been received. These are 20 all public records. 21 MS. JONES: Excuse me, the time 22 allows three minutes. I am going to let you say 23 some additional things in case you spent too much 24 time on one, but there is a time limit. So -- 25 MS. MCCLEERY: I apologize. My 25 1 feelings, this man has a flagrant disregard for 2 any authority, for his neighbors, and his 3 neighbors' feelings. He is delinquent on his 4 taxes, if you would like to see the paper stating 5 that. And, yet, he wants special consideration 6 to be given to him and all of the other neighbors 7 ignored. 8 And, again, I say, majority should 9 rule. We do not want a day camp out there. We 10 do not want a day camp next to us. I appreciate 11 this lady's feelings, but she does not live 12 there. I do. 13 MS. JONES: Okay. Thank you. 14 MS. MOBLEY: I live there. 15 MS. JONES: Any other additional -- 16 MR. BRADLEY: Yes, I have a 17 Mr. Charles Cooper of 6595 Derby Road. 18 MS. JONES: Mr. Cooper, if you will 19 stand and address the board, you have three 20 minutes, please. Is he here? 21 MR. COOPER: First off, right here, 22 first off, I would like to say I do not oppose 23 Shekinah Ranch, that division to help children. 24 I have supported Shekinah Ranch for four or five 25 years. I have recommended churches to go there 26 1 and use the camp. I have got letters to verify 2 that. And I do work with children. 3 I just wrapped up a TV series for 4 children, strictly for children. I just wrapped 5 up another film, and I will be working with The 6 Dakota Center on a project dealing strictly with 7 children. But I am concerned about the camp, 8 primarily because of the traffic. I have lived 9 on Derby Road for twenty-nine years. And since 10 Shekinah Ranch has been there, I have seen a 11 dramatic increase in traffic early in the 12 morning, late at night, a lot of noise. 13 And if you know anything about 14 farming, you do know that animals bring insects 15 and flies. So that's just -- in a nutshell, I 16 support Shekinah Ranch, but they are in the wrong 17 location. You only give me three minutes, so I 18 can only say so much. But I have nothing against 19 the children. As a matter of fact, when I went 20 over to Shekinah Ranch four or five years ago, I 21 took my church over, the deacons. 22 They wanted to use the facility, and 23 the pastors couldn't get together on that. But 24 this year, we finally did hire Shekinah Ranch to 25 bring their horses to our church. And I got the 27 1 contract and I got the receipt, so I am 2 supporting the ranch. And I don't oppose 3 Shekinah Ranch. They are excellent. I am 4 impressed with the work Shekinah Ranch has done 5 with the children and everything, but it's the 6 wrong location. 7 The street is too narrow. You have 8 got trucks. You've got school buses. You have 9 got emergency equipment. It is not against 10 Shekinah Ranch. It's not against the children. 11 It's just they are in the wrong location. And I 12 am impressed with his work, but it's in the wrong 13 location. And that's the only thing I am 14 opposing because he has done some great work. 15 And I am impressed, but it is the wrong -- it's 16 the wrong place for it. 17 And, you know, I have got a letter 18 stating where I recommended them to church -- 19 churches in Kettering, in Centerville. If you 20 want to see it, I can drop it up there and you 21 can, you know -- as a matter of fact, I will just 22 give you a copy of it. Well, let me give you 23 this, also. This is a letter that states several 24 years ago, Mr. Charles C. Cooper recommended that 25 our church, Celebration of Life, take our youth 28 1 department to your ranch. 2 He felt that it would have a 3 positive impact on their life, being able to 4 learn about different animals, as well as enjoy 5 the programs you have in place for youth. I 6 received a flyer from Mr. Cooper showing the work 7 you did with the youth at Brooklyn Park. I would 8 love to arrange a date for our youth department 9 to attend Shekinah Ranch. Our church has kids 10 from all walks of life come together in peace, 11 love, and unity. Your help and support is 12 greatly appreciated. Sincerely, Nancy Caldwell, 13 director of teen ministry, Celebration of Life 14 Church. 15 We are not against Shekinah Ranch. 16 I am not against the work he is doing. It's the 17 wrong location. My three minutes is up. I will 18 give you this letter. And this is -- you will 19 see, this is the contract where my church did 20 hire him, and that was because of me, not because 21 of talk. I recommended Shekinah Ranch, and 22 that's where we paid him. I support them, but 23 they are in the wrong location. 24 MS. JONES: Thank you, sir. 25 Mr. Bradley? 29 1 MR. BRADLEY: Yes, I have a 2 Mr. Lawrence McKee of 1911 Infirmary Road, who 3 would like to speak on Shekinah Ranch. 4 MR. MCKEE: Yes, sir, madam 5 president, trustees. I am glad I came because I 6 wanted to hear some of the things that were going 7 on pertaining to this situation, but I sill 8 haven't got a complete breakdown of it. But I 9 was asked, first of all off the bat, by Shekinah 10 Ranch to bring these signatures by that they have 11 in favor of the ranch, and this will be 12 interesting reading for you all. 13 There's quite a few signatures. 14 But, at any rate, I am not here to fight anybody, 15 argue, or whatever. But this young lady says 16 that he hasn't did anything to that property. 17 You need to go by there and see for yourself. He 18 has brought that property up from total bushes to 19 you wouldn't believe it. You need to go see it 20 before you make a decision on which way you 21 decide to go. This is all I have to say. 22 And she says he has no -- I had him 23 in my class when I was at McFarland. I am a 24 retired school teacher from out here at Jefferson 25 Township, plus a retired disciplinarian from out 30 1 here at Jefferson Township School District. I 2 have been here for thirty years, okay. So I 3 retired out here, and I live on Infirmary Road. 4 So I moved out here. There is -- I 5 smell cows and everything all the time. There is 6 cows and horses running. All you have got to do 7 is go down Derby. You will see them. But the 8 thing of it is, I just can't understand why you 9 would try to shut out the children. You know, 10 and she said he had disregards for the other 11 people. 12 Well, she don't know because I was 13 there one night when some gentlemen came out of 14 her house and said some very derogatory things 15 toward the people that were on Shekinah Ranch 16 property, and I was one of them that was over 17 there on the property. They just didn't know I 18 was over there. I have nothing else to say but 19 take a second look before you make a decision. 20 And I am also like Ms. Mobley here, 21 if you have got more than -- how many acres is 22 it, ten or twelve, you are supposed to be able to 23 rezone for that, whatever he wants. Thank you. 24 MS. JONES: Thank you. 25 MR. BRADLEY: That's all the time. 31 1 MS. JONES: I want to be correct 2 about this. These are petitions that you are 3 bringing forth in the behalf -- 4 MR. McKee: In favor, yes. 5 MS. JONES: -- of Shekinah Ranch? 6 Thank you. 7 MS. MOBLEY: I didn't use up my 8 three minutes. I didn't hear the buzzer. 9 MS. JONES: He forgot to set the 10 timer, and that's -- 11 MS. MOBLEY: Some people went over, 12 and I just have one thing to say, please. 13 Mr. McKee, the signatures, that brings up a good 14 point, and thank you for reminding me of that. 15 MR. MCKEE: Yes, ma'am. 16 MS. MOBLEY: I had a chance -- I 17 took some time at work. I had a copy of the 18 signatures from the residents that was opposing 19 the ranch. I also received a copy of the 20 signatures that Shekinah Ranch received from the 21 residents. It's over three hundred signatures, 22 compared to the signatures that oppose it. 23 Not only that, I circled, 24 highlighted -- there are some signatures that is 25 in support of this ranch that was on in the 32 1 beginning that opposed the ranch. And I circled 2 them, and I also circled the ones that were the 3 signatures from on Derby, from residents that 4 live on this street. So I really hope that you 5 take some time and look at the signatures because 6 you will see that it's not that many houses on 7 Derby. 8 And, from what I counted, it was 9 nine or ten signatures just on Derby in that 10 area, Infirmary, in that area. So I am glad that 11 you did bring that up because, as a resident -- 12 and I don't want to offend anybody and say that I 13 am saying that you don't care about children. 14 But I guess when I was sitting here, even after I 15 got finished speaking, I heard everybody say -- I 16 do care about children. I work with children at 17 the Dakota Center or the other centers, at the Y 18 centers. 19 What is wrong with Jefferson? 20 What's wrong with having a center in Jefferson? 21 What's wrong with dealing with kids in Jefferson? 22 I think that's what bothers me is because what I 23 hear is everybody saying it's okay outside 24 Jefferson. What's wrong with being in Jefferson? 25 That's all I am saying. So I just ask that you 33 1 look at the signatures because some that was on 2 this list is on the ones that want it here. 3 MS. MCCLEERY: Excuse me. I find a 4 very big problem with someone having a second 5 chance to make comments. 6 MS. MOBLEY: Well, ma'am, I am 7 sorry, but you went over three minutes. 8 MS. JONES: My meeting is not going 9 to be out of order. 10 MS. MCCLEERY: If anyone is on 11 these, I would like to give these to you. 12 MS. JONES: We will look at them. 13 MS. MCCLEERY: They should be 14 invalidated on both. 15 MS. JONES: If those are different 16 than what we have, then we will -- the board is 17 more than welcome to look at them. 18 MS. MCCLEERY: May I present them? 19 MS. JONES: Do you have copies of 20 these? 21 MS. MCCLEERY: Mr. Cooper, do you 22 have a copy of those, of these petitions? 23 MR. COOPER: No, those are yours. 24 MS. JONES: Then after the meeting, 25 we will make sure that you get your originals 34 1 back, and we will have the copies of those. 2 MS. MCCLEERY: And there are day 3 cares in Jefferson already. 4 MS. MOBLEY: Ma'am, I know that. 5 You had better be quiet. 6 MS. JONES: I will not have 7 discussions like that in my meeting. 8 MS. MOBLEY: I apologize. Don't 9 step up on me like that. 10 MS. JONES: I thank you for 11 presenting the new petitions to us. And there 12 are a lot of things here that we have to review. 13 Do I have any comments from the board? 14 MR. SIMS: Yes, you have got one 15 from me. My stand is -- and I want you to 16 understand this -- is I don't care if you have 17 got petitions on Dayton Liberty Road, on 18 Birdland, or in another area. My concern is that 19 area where the ranch is. These petitions is my 20 concern, the people that lives in that area. 21 Because I noticed my neighbor signed 22 it, and she don't even know what the ranch is all 23 about. But my concern, and this is no negative 24 or positive, is for the people in the area that 25 lives in the area that is going to be concerned 35 1 about the ranch. And if I am wrong, I am wrong, 2 and I -- I am going to make a decision on that. 3 And that is my totally [sic] concern. It ain't 4 about children. It is not about -- it's about 5 the resident that lives in that area. So I am 6 just letting you know my concern as of tonight. 7 MS. JONES: Are you done? 8 MR. SIMS: Yes, ma'am. 9 MS. JONES: Mr. Ramsey? 10 MR. RAMSEY: Yeah, I have went 11 through thoroughly, I think thoroughly, the 12 minutes of the information meeting, and there 13 were several questions that I was concerned about 14 and they were concerned about, and I heard it 15 again tonight about bugs and insects and odors 16 and that kind of thing. But I saw -- and I am 17 not -- they are going to take some kind of action 18 to reduce that -- some manure or some kind of 19 thing to reduce the bugs and the odor. 20 And I don't know if they can do that 21 or not. But, as I sit here now, and I have heard 22 the arguments pro and con, I, myself, speaking 23 for me, I couldn't make a decision tonight 24 because I have not seen Shekinah Ranch, and I 25 have not seen how it sits in the community. And 36 1 I would ask the president to allow me some time 2 to go down there and look at it and see how it 3 borders the other properties and just -- I hear 4 what you are saying, but I would like to see it. 5 I would just like to see it, and 6 that's my comment. I don't think I can make -- I 7 can be fair in rendering any kind of judgment 8 without going on site and looking at the location 9 and looking at the bordering neighbors and that 10 kind of thing. That's where I am. 11 MS. JONES: I guess my comments to 12 that would be -- is that I have to agree that 13 there are some additional -- in receiving 14 additional petitions that we had not received or 15 were not aware of, we need to also be able to 16 review those. We had the opportunity to look at 17 those that are opposing. Fair is to also look at 18 those that are in favor of Shekinah Ranch. I 19 think also that there were some questions made up 20 that we need to consider some things, and there 21 are a couple of more questions that I have. 22 I know that the recommendation of 23 the commission was not to do that. I think it's 24 a sensitive matter, and so I think that we need 25 to evaluate it closely. I can ask for a motion 37 1 on the table, based on the fact that we have 2 received additional information, based on the 3 fact that one of the trustees would like to visit 4 the site, and I will probably go to the site with 5 him. 6 So if I can have a motion on the 7 table with what the board would like to do with 8 this? 9 MR. RAMSEY: I will make a motion 10 that this be tabled until the trustees have had 11 an opportunity to view the property and go over 12 some more of these petitions that were just 13 submitted today. That's my motion. 14 MR. ELIJAH: There has been a motion 15 made. 16 MR. SIMS: Question on the motion. 17 MR. RAMSEY: It hasn't been 18 seconded. 19 MS. JONES: I second the motion. 20 MR. ELIJAH: The motion has been 21 properly made and seconded. Is there a question 22 on the motion? 23 MR. SIMS: Question on the motion. 24 MR. ELIJAH: Mr. Sims? 25 MR. SIMS: I think it's fair to the 38 1 board to do this. I have been on Derby Road four 2 times looking at the ranch. So I hope the 3 trustees will get there and look at it and see 4 what I see. 5 MS. JONES: What is the question? 6 MR. SIMS: There is no question. 7 That's it. 8 MS. JONES: Okay. Thank you. 9 MR. ELIJAH: The motion has been 10 properly moved and seconded. So all those in 11 favor of the motion, Mr. Sims? 12 MR. SIMS: Yes. 13 MR. ELIJAH: Mrs. Jones? 14 MS. JONES: Yes. 15 MR. ELIJAH: Mr. Ramsey? 16 MR. RAMSEY: Yes. 17 MR. ELIJAH: Please let the record 18 reflect that this motion be tabled until such 19 time as the trustees have had an opportunity to 20 personally visit the ranch, and then at some 21 point reconvene and reconsider the matter. 22 MR. RAMSEY: Right. 23 MR. SIMS: Make a motion to adjourn? 24 I made a motion to adjourn. 25 MS. JONES: I second. Meeting 39 1 adjourned. 2 (Thereupon, the meeting was 3 adjourned at 6:13 o'clock p.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 1 STATE OF OHIO ) 2 COUNTY OF MONTGOMERY ) SS: CERTIFICATE 3 I, Monica K. Hissong, 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MONICA K. HISSONG 18 NOTARY PUBLIC, STATE OF OHIO My commission expires 4-18-2005 19 20 21 22 23 24 25