Government - http://maxpages.com/minnickward4/OCT_18_2004_COUNCIL

At the last council meeting Joe Antush seemed to be the only one who remembered that Forest City donated 6 acres of land for a future elementary school. I went through my council files from and found several documents where the 6-acre parcel was promised.

The parcel was mentioned in the Donald G. Bohning & Associates, Inc. Project Outline, which was included in the Pflum Klausmeier & Gehrum Consultants Planning Report date stamped July 10, 2000; in the N. Ridgeville Municipal Council Minutes of Public Hearing, September 5, 2000 for Waterbury PCD; and the N. Ridgeville Municipal Council Regular meeting Minutes, Oct. 2, 2000. Mr. Antush addressed council on February 5, 2002 regarding the state requirements when building a school. Further, the Waterbury PCD Developer's Agreement dated October 31, 2001 stated that any conditions, requirements or regulations upon which approval of this plan or plat was made contingent by either the Planning Commission, or by Council, are agreed to by the Developer and are part of this Agreement as if fully rewritten herein.

I also found some interesting information in the Lanowners' Agreement for the Westerly Sewers that "FJD and Forest City agreed to donate an 80' right-of-way to be dedicated to the City's public use as a street through the properties of said landowners. Similar to the route of the Improvement (meaning the Westerly Sewer), the Right-of-Way shall be on a line running generally from the northern corporate line of the City to the State Route 10 interchange near Chestnut Ridge Rd. and shall connect at or close to the northerly and southerly termini of Race Rd." FJD and Forest City agreed to be voluntarily assessed for or would construct, or contribute to the City the cost of constructing, in phases as their projects are developed, a 2-land collector street in the Right-of-Way.

This council approved Mr. Dettore's request to omit the proposed golf course as open green space. In the N. Ridgeville Municipal Council Minutes of Public Hearing, October 15, 2000, Frank Dettore spoke with regard to the golf course and I quote: "Explained that he went to the Board of Appeals and was approved for 36 holes. Stated that if Mr. Phillips and his group would win, the loss would be to the City. The City would lose a golf course and a road from Center Ridge Rd. to almost Case Rd. without houses on it. What would happen is that there would be an easement for sewer and no road. Stated that they are trying to provide something for the City that is first class. If Mr. Phillips and his crew win, the residents would lose. They would have no golf course and no road. Maybe the City could put the road in by eminent domain." Today, who is winning and who is losing? I'll remind this council that neither Waterbury nor Meadow Lakes ever went to the voters and Mr. Phillips "group" in no way affected the two PCDs; however, it doesn't appear these PCDs are being built as proposed and approved.

I am giving council this additional detailed information that I found in my files. Also, I recently sent council members and the attorney letters with additional information regarding the aforementioned projects. These are by no means all of the documents available to you. There are at least four people in this room that were involved in approving these projects. I'm surprised and disheartened that no one remembered what was proposed or even cared enough to look into the files in council's office before approving legislation undoing proposed and approved amenities. I hope the additional information I'm supplying will help in making responsible decisions in the future.

The following is the information given to council:

Donald G. Bohning & Associates, Inc. Project Outline, which was included in the Pflum Klausmeier & Gehrum Consultants Planning Report date stamped July 10, 2000: It will consist of cluster residential development areas, traditional single family sublots, neighborhood business areas, a potential school site, an abundance of dedicated open space for active and passive recreation, and more.

N. Ridgeville Municipal Council Minutes of Public Hearing, September 5, 2000 Waterbury PCD:

Present were Council members Overby, Swindig, Borocz, Minnick, Butkowski, Gillock, Brown, Jim White, and Mayor hill, SSD Jim Johnson, Zagrans, Lovece, Costin

Ed Surovi, representing Forest City Land Group, introduced the PCD Waterbury. He described the proposed development then stated: "We also show a 6-acre school site which would be donated to the elementary schools to be constructed somewhere in the future if there was a need in this area."

Eric Kramer, Don Bohning & Associates talked about the project's streets and stated, "The access corridor provided is consistent with the general plan of the City to be a wider than typical right- of-way, 100 ft., to allow for future development. I also have a map showing the "proposed elementary school parcel, 6 acres."

N. Ridgeville Municipal Council Regular meeting Minutes, Oct. 2, 2000:

Present were Council members Overby, Swindig, Borocz, Minnick, Butkowski, Gillock, Brown, Hill, Jim Johnson, Zagrans, Lovece, White:

At the Third Reading for granting preliminary approval for the proposed Waterbury, I stated in part, "The land set aside for an elementary school is insufficient and inferior. It is six acres but is triangular shape on a collector road, which will be heavily used if it ever goes through to Chestnut Ridge." All council members except Minnick and Butkowski approved the legislation.

Landowners' Agreement date stamped February 1, 2001:

Page 5 #12: FJD and Forest City will, upon request and acceptance by the City and only to the extend they contemporaneously own lands, donate an 80' right-of-way, which will be dedicated to the City's public use as a street through the properties of said landowners. Similar to the route of the Improvement, the Right-of-Way shall be on a line running generally from the northern corporate line of the City to the State Route 10 interchange near Chestnut Ridge Rd. and shall connect at or close to the northerly and southerly termini of Race Rd.

Page 6 #13. FJD and Forest City will agree to be voluntarily assessed for or will construct, or contribute to the City the cost of constructing, in phases as their projects are developed, a 2-land collector street in the Right-of-Way.

#14: Beckett to the extent it owns land at the time of the donation of the Right-of-Way, will contribute or grant an easement for land adjacent to the existing Race Rd. right-of-way to expand said right-of-way to a total of 80 ft. in width.

Waterbury PCD Developer's Agreement dated October 31, 2001: Page 6, Section 21: That any conditions, requirements or regulations upon which approval of this plan or plat was made contingent by either the Planning Commission, or by Council are agreed to by the Developer and are part of this Agreement as if fully rewritten herein.

N. Ridgeville Municipal Council Minutes of Public Hearing, October 15, 2001:

Page 2, #4: Frank Dettore spoke in regard to the golf course. Explained that he went to the Board of Appeals and was approved for 36 holes. Stated that if Mr. Phillips and his group would win, the lose would be to the City. the City would lose a golf course and a road from Center Ridge Rd. to almost Case Rd. without houses on it. What would happen is that there would be an easement for sewer and no road. Stated that they are trying to provide something for the City that is first class. If Mr. Phillips and his crew win, the residents would lose. They would have no golf course and no road. Maybe the City could put the road in by eminent domain and spend seven or eight million.

minnickgail@hotmail.com

Page Updated Mon Oct 18, 2004 9:37pm EDT