Vermilion City Council Meeting 8/5/24: Controversy in Vermilion as Public Participation Rescinded at City Council Meeting

Date: Monday, August 5, 2024
Time: 6:00 p.m.
Location: Vermilion Municipal Court Complex, 687 Decatur Street, Vermilion, Ohio

Meeting Overview

The Vermilion City Council convened on August 5th with Council President Steve Herron calling the meeting to order. Following the Pledge of Allegiance and a moment of reflection, roll call revealed the absence of Ward 4 Councilman Jeff Lucas. The council then proceeded to approve the minutes from the previous meeting on July 15, 2024.

Public Participation and Notable Discussions

Public participation featured prominently with several residents voicing their concerns and seeking clarifications on various issues:

  1. Elaine Reisdorf inquired about a Tax Increment Financing (TIF) agreement and the potential impact of stormwater runoff from a Planned Unit Development (PUD) on the Shady Lake community. The city engineer confirmed that runoff could likely affect the area.
  2. Gerald Phillips highlighted the status of referendum petitions, prompting a discussion about their certification and submission to the Board of Elections.
  3. Craig Clark sought clarity on the Sunnyside PUD interchange and zoning, expressing concerns about police presence in the area.
  4. Carrie Ott raised environmental concerns about a piece of land her family once owned, which was intended to be preserved as a wetland. She questioned the planning commission’s oversight and the future of these wetlands within the PUD.

Council Actions and Legislative Matters

The council addressed several legislative items, including:

  • Ordinance 2024-41: Amending appropriations and the 2024 Certificate of Estimated Resources (Second Reading).
  • Ordinance 2024-42: Authorizing the purchase of six police utility vehicles and declaring an emergency (Second Reading).
  • Ordinance 2024-43: Amending regulations for mobile food services and declaring an emergency (First Reading).
  • Ordinance 2024-44: Contracting for the construction of a salt storage building and declaring an emergency (First Reading).
  • Resolution 2024R-14: Authorizing an application for the NatureWorks Grant Program (Second Reading).
  • Resolution 2024R-15: Amending the 2025 tax budget and declaring an emergency (First Reading).
  • Resolution 2024R-16: Authorizing a grant application for the Park Drive Bridge (First Reading).

Governing by Emergency: A Concern for Citizens

One of the key concerns we see at this and many other meetings before them is the frequent use of emergency clauses in ordinances, which can limit citizens’ ability to contest or seek remedies against local ordinances. Governing by emergency bypasses the usual referendum process, potentially undermining public input and accountability. This practice can disenfranchise citizens, as it removes their ability to challenge decisions through a democratic process.

Motion to Rescind Public Participation

Council President Steve Herron proposed a motion to rescind public participation from the minutes of the previous Special Council Meeting. The law director expressed concerns that the inclusion of public participation without proper notice could invalidate the meeting. The council voted 5-1 to rescind this portion of the minutes, a move that sparked debate about compliance with Ohio Revised Code 121.22 and the importance of public involvement in special meetings.

This motion should have been made during the initial approving of the minutes earlier in the meeting. While the council’s decision to rescind was controversial, it led to a positive outcome: a commitment to discuss potential rule changes to allow public participation in Special Council Meetings during future Legislative Committee sessions.

Reports from City Officials

  • Mayor/Safety Director Jim Forthofer and other city officials provided updates on various city matters.
  • Service Director Tony Valerius, Finance Director Amy Hendricks, City Engineer Chris Howard, and Law Director Susan Anderson each delivered their reports, contributing to the overall discourse of the meeting.

Adjournment

The meeting concluded with reminders about upcoming meetings scheduled for August 12, September 9, September 16, and a tentative meeting on September 23, 2024.