The site of the Morgan Fields, which is currently home to a number of local soccer programs, is being considered because it scores very high on the opportunity index as outlined by the Ohio Housing Finance Agency, or OHFA — the same agency that could award $15 million in federal low-income housing tax credits for the proposed development. (Photo by Reilly Dixon)
School board talks Morgan Fields
- Published: August 23, 2024
The YS Board of Education returned to the discussion of a potential affordable housing development on land currently owned by the school district at its most recent regular meeting Thursday, Aug. 8. There were no further decisions from the board regarding the proposed project, but members of district leadership and community members raised several concerns during the course of the meeting.
As the News has reported in past issues, the Morgan soccer fields on East Enon Road have been identified as the possible site of a development that could house 50 families of low income in the village. The site of the Morgan Fields, which is currently home to a number of local soccer programs, is being considered because it scores very high on the opportunity index as outlined by the Ohio Housing Finance Agency, or OHFA — the same agency that could award $15 million in federal low-income housing tax credits for the proposed development.
During a July 11 regular meeting, the school board approved a resolution outlining the following actions related to the Morgan Fields land:
• To submit an application to the Village Planning Commission to subdivide 3.6 acres of the Morgan Fields from the rest of the land it abuts, and to rezone the land from low-density R-A to high-density R-C in order to accommodate the 50 units of the proposed development;
• To facilitate the removal of collateral and financial encumbrances on the property;
• To identify and potentially purchase a suitable property onto which the existing soccer programs that use the Morgan Fields could be relocated.
If all three of the above outlined actions are successful, Morgan Fields would need to be sold to the Village of Yellow Springs in order for the proposed 50-unit affordable housing development to move forward. In July, the school board committed to not selling the land to the Village unless the district were able to be made whole or “whole-plus” with regard to the Morgan Fields, replacing that land with new land that at least meets, or ideally, exceeds the conditions of the Morgan Fields site.
At this month’s meeting, Board President Judith Hempfling gave a brief update on the processes outlined in the July 11 resolution, stating that a survey of the Morgan Fields land was in process at the time, being undertaken by Doug Sutton of Clinco and Sutton Surveyors. She noted that the survey was paid for by a fundraiser sponsored by Springers 4 More Springers, a local advocacy group formed in 2020 that focuses on supporting affordable housing, reforming the Village zoning code and advocating for tenants’ rights.
Hempfling said Board Vice President Rebecca Potter has submitted a rezoning application to the Village Planning Commission, and that the application will be reviewed at the commission’s next meeting Tuesday, Sept. 10. Hempfling added that she and Superintendent Terri Holden are currently involved in “next steps” regarding an option to buy replacement land for the Morgan Fields should their sale proceed, but that there are currently no public details to share on those next steps.
“We won’t actually be buying [identified land], but it would be an option to buy because we would only go forward with any of this if everything fell into place,” Hempfling said.
Hempfling also noted that Village Council is “taking the lead on an inter-governmental body and agreement that would smooth the way” for the processes outlined in the July 11 resolution, and reiterated that the Village had agreed to pay costs related to the processes, as noted in a June Council resolution to pay $7,500 from the Village’s Affordable Housing Fund for a bond attorney to determine if financial encumbrances can be removed from the Morgan Fields.
Initial findings by that bond attorney, presented at a July 15 Council meeting, indicate that removing encumbrances on the land would be difficult, but possible.
Following this update, board member Dorothée Bouquet spoke to a concern regarding transparency related to the Springers 4 More Springers fundraiser that paid for the survey of the Morgan Fields land.
“It was paid [for] by a lobby group — because that’s what it is — for a predetermined outcome,” Bouquet said. “And I think that that puts the district in a tricky place.”
At the same time, board member Amy Bailey noted that Hempfling had donated to the fundraiser in question, and asked if the donation constituted an ethical violation; Hempfling said she had been advised by David Lampe, of the district’s legal counsel firm, Bricker Graydon, that making such a donation was OK.
“I’m not gaining anything from this — I get no financial gain,” Hempfling said, later adding that she had received advice from Lampe on the favorable legality of all of the processes outlined in the July 11 resolution.
District Treasurer Jacob McGrath pointed out that Lampe had advised the district to also seek counsel from the Ohio Auditor of State on any legal issues the district might encounter with regard to the processes outlined in the resolution, as well as spending district funds on the process. Hempfling said she had contacted the auditor with regard to counsel, but that the district had not yet received a response at the time of the meeting.
Bouquet also raised the question of how the school district would fund the purchase of new land to replace the Morgan Fields, should suitable land be identified.
“What money do we have for that?” she asked.
“The expectation is that the monies that we would get paid for [the sale of Morgan Fields] would then go towards the acreage to replace it,” Hempfling responded. “And there is, I think, a belief that some fundraising will also have to occur.”
Two community members present at the meeting spoke unfavorably to the idea of fundraising, noting that fundraising was not part of the district’s resolution language and that it could present an additional financial burden to community members.
With that in mind, Bouquet asked if the Morgan Fields land had yet been appraised for its sale value — information she said could help the district decide if buying replacement land would be feasible. Village Council member Brian Housh, who was present for the school board meeting, stated that there hasn’t yet been a formal value assessment for the land, but that Council has been working with an informal estimate of about $75,000 per acre.
Near the end of the discussion, Bouquet suggested that the board wait to take any further action until the district receives the awaited response from the Ohio Auditor of State, and Bailey requested that Hempfling contact the Ohio Ethics Commission with regard to school board members contributing to outside fundraisers related to school board decisions. Treasurer McGrath also requested that the Village Council submit to him, in writing, its commitment to cover costs for the actions outlined in the board’s July 11 resolution.
Deed restrictions discussed
The board also considered an agreement to remove deed restrictions from land the district previously owned.
According to a termination and release of deed restrictions document included in the meeting’s agenda, the district purchased 11 acres of land in 1965. In 1971, the district subdivided the land into two plots, and sold one of those plots, located on Spillan Road, in 1987. The sale of the land conveyed with it several deed restrictions, including that “the real estate may contain no more than one single-family residence.”
The land has been bought and sold several times in the 37 years since the school board sold it. It’s now owned by local residents Lori Askeland and Frank Doden, who, according to the termination and release of deeds restrictions document, have requested that the school district agree to remove the deed restrictions in order to allow them to “explore development of additional housing on the Spillan Road property for the benefit of the community.”
The document notes that, although the school board may agree to remove restrictions placed upon the land in 1987, provisions put in place by the land’s original owners upon its sale to the district in 1965 may still be in place, and that the school board “takes no action related to any restrictions encumbering the Spillan Road property prior to the 1987 deed restrictions.”
“We’re just trying to get the board uninvolved from this process,” District Treasurer McGrath said of the proposed termination and release agreement. “We don’t know why [the restrictions] are there; we have no skin in this game.”
Board member Bailey recused herself from discussing or voting on the agreement, citing a conflict of interest.
Several community members who live in proximity to the Spillan Road land spoke during the discussion, requesting that the board not approve the agreement. One who spoke noted that they had been assured by a realtor, when buying property adjacent to the land, that the land would remain undeveloped, and that this assurance had influenced their decision to buy the nearby property.
McGrath reiterated that the deed restrictions, if removed, would not be the final word on whether or not the land could be developed, citing the other extant restrictions noted in the termination agreement. Bouquet added that any decision to develop the land would also need to go before Village Council and Planning Commission.
Ultimately, no vote was taken on the agreement due to a lack of quorum, as board member Potter was out of town, board member Amy Magnus excused themselves from the meeting prior to the discussion and Bailey recused herself. The board will discuss the agreement again at a future meeting.
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