Phillips, Zimmerman tag team council over power plant, legal issues

AVON LAKE — Two residents used the public input portion of the September 14 Avon Lake City Council meeting to press for greater public control over redevelopment of the former power plant property and to criticize the city’s handling of related legal matters.Gerald Phillips urged residents to support a charter amendment that he said would give voters authority over tax increment financing and high-density zoning connected to the site.“The administration and council do not want you, the residents, to have the right to vote on the power plant,” Phillips said. “We have a charter amendment that gives you the right to vote on two items.”Phillips said one issue is a proposed tax increment financing arrangement, commonly known as a TIF. He said the developer wants “30 years, 100 percent TIF,” which he argued “will take that money from our school system and divert it to a private developer.”“Nothing more than corporate subsidy,” Phillips said.He said the second issue is high-density zoning in the lakefront mixed-use overlay district. Phillips cited “60 units per acre,” “1,200 units” and “2,400 cars” while arguing that the city lacks an economic analysis of the proposal.“We don’t have an economic sensitivity analysis to do the cost benefit,” he said. “The developer isn’t going to do it, so the city has to do it at their cost.”Phillips rejected warnings that requiring voter approval would discourage development or force repeated zoning elections.“Don’t believe the scare tactics from the administration and council,” he said. “Don’t believe their doomsday predictions.”He added, “There will not have to be multiple zonings every time a developer submits a plan. One zoning, one time. The whole property will be rezoned at one time.”Phillips pointed to Bay Village, Westlake and Avon as communities where, he said, development has proceeded despite voter approval requirements. He cited Crocker Park and Avon Commons as examples.“Crocker Park was subject to a vote of the people,” Phillips said. “It didn’t discourage Crocker Park being developed.”Phillips said the developer of Avon Commons returned to voters after an initial ballot loss and made changes before winning approval.“Because they were subject to the will of the people, [they] made sure that it was a good deal,” he said. “It didn’t discourage them. It just made it a better deal.”He urged residents to vote yes on November 3.“You are the one who will bear the consequences of its development,” Phillips said. “You should have a voice and a right to vote.”Later in the public input period, William Zimmerman said residents he approached while gathering petition signatures showed strong interest in voting on the power plant’s future.“I said, ‘Would you like to have a say on what’s happening at the power plant?’” Zimmerman said. “People couldn’t get my pen and clipboard fast enough. They want a say.”Zimmerman said residents view the issue as important because, in his assessment, “they’ve lost faith in the council” and the administration.“I don’t believe you all are doing your job,” he told council members. “I’ve been coming in here for years, though. I’ve seen what’s transpired.”Zimmerman also questioned ordinances authorizing legal payments, including a proposed $40,000 payment related to litigation that reached the Ohio Supreme Court. He said the city lost the case unanimously.“It was unanimous,” Zimmerman said. “You’re going to ask for $40,000 on a case that you lost? I don’t understand why you would pay.”Zimmerman alleged that city officials and attorneys were untruthful during the dispute and said requirements imposed after the court’s decision had not been completed. His allegations were not independently verified, and the transcript provided does not include a response from city officials during his remarks.“The requirements that were set forth by Ohio Supreme Court have not been fulfilled,” Zimmerman said.He also questioned another proposed legal payment of $25,000 and complained that residents were being asked to bear the costs of continuing appeals.“Somehow the citizens of Avon Lake should have to pay for those games,” he said.The two speakers approached the issue from different directions — Phillips focusing on zoning and financing and Zimmerman on legal spending and public trust — but both said residents should have a direct role in decisions about the power plant property.