Council
Chambers
November 11,
2008
A) CALL TO ORDER
The
Council for the City of
B) PRAYER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
On roll
call, the following members answered present: Mr. Gabbard, Mr. Sanker,
Mr.Schneider, Mr. Moore, Mr. Barlow, and Mr. Mumper.
E) AMENDMENT OF AGENDA
On a
motion by Mr. Mumper, seconded by Mr. Moore, the agenda was amended to move the
Communications Q-3 through Q-8 immediately preceding L-A). All members present voted YES.
F) MINUTES OF
THE PREVIOUS MEETING
On a
motion by Mr. Moore, seconded by Mr. Sanker, the minutes of August 12, 2008,
August 26, 2008 and September 9, 2008 were accepted. All members present voted
YES.
G) REQUEST TO ADDRESS COUNCIL ON AGENDA ITEMS
H) REPORTS OF STANDING COMMITTEES OF COUNCIL
1. Finance
and Audit Re: Appropriations
2008
On a
motion by Mr. Mumper, seconded by Mr. Moore, the report was accepted. All
members present voted YES.
I) SECOND
A. ORDINANCE
ADOPTING SECTION 917.25 “PORTABLE STORAGE CONTAINER” TO THE CODIFIED ORDINANCES
OF THE CITY OF
Mr.
Sanker suggested language be considered for provisions for natural disasters,
acts of God and obstruction of the public right of way.
On a
motion by Mr. Sanker, seconded by Mr. Mumper, it was moved to hear the second
reading of the Ordinance. All members present voted YES.
J) SECOND
K) INTRODUCTORY
A. ORDINANCE
ADVANCING THIRTY-EIGHT THOUSAND, FIVE HUNDRED AND FORTY-FIVE DOLLARS
(38,545.00) FROM THE GENERAL FUND TO THE
Mr.
Barlow noted that Advancing funds allows for reimbursement, while transferring
does not permit a transfer back out to the General Fund. Auditor Stith further explained the
difference between advance and transfer.
This does not change any appropriations.
On a
motion by Mr. Barlow, seconded by Mr. Mumper, it was moved to suspend the rules
and hear all three readings of the Ordinance.
All members present voted YES.
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to pass the
Ordinance. All members present voted
YES.
B. ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2008, AND DECLARING AN EMERGENCY
Mr.
Barlow mentioned that this should cover every additional expense foreseen for
2008. This also cleans up the sewer fund, and keys for public lands/buildings.
Mr.
Schneider asked how much of this money is for gutters vs. generators, just an
approximation. The Mayor answered that
approximately $82,000 was for the rain drainage system. The original downspouts came inside the
building, this will re-route downspouts to the exterior. Approximately $60,000 is earmarked for
generators.
Mr.
Sanker noted this project will be bid out and this transfer is based on
previous estimates. Generators are primarily for Police & Fire Departments.
Mr.
Schneider asked if the generators for emergency use could be under the state
bid process. The Mayor stated there are cases where a bid is preferred and
other cases where we have to be prescriptive regarding the type of product or
services.
On a
motion by Mr. Barlow, seconded by Mr. Sanker, it was moved to suspend all three
readings. All members present voted YES.
On a
motion by Mr. Barlow, seconded by Mr. Mumper, the motion passed. All members
present voted YES.
As amended Council then considered the following items,
Q-3. Letter
from Building Dept. Re:
Q-4. Letter
from Police Dept. Re:
Q-5. Letter
from Earnings Tax Dept. Re:
Q-6. Letter
from Health Dept. Re:
Q-7. Letter
from Fire Dept. Re:
Q-8. Letter
from Ohio Div. Liquor Control Re:
Donna’s Carryout
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that all six
letters be received and files as if read. All members present voted YES.
L) INTRODUCTORY
A. RESOLUTION OBJECTING TO THE ISSUING OF
AN AGENCY CONTRACT BETWEEN
Mr. Gabbard
asked for some explanation to the objection. Mr. Kiser responded that this was
a change to the license, not a license renewal.
Mr. Kiser then explained the history of various departments with this
establishment, including unpaid taxes.
Mr.
Schneider asked about the strength of our case with this objection. Mr. Kiser responded that when taxes are owed
there is substantial validity in our argument, not withstanding the deleterious
situation based on the locations proximity to schools.
Mr.
Moore added that this is different than a standard objection to a renewal. This
is a change in license type and would carry more weight than an objection to a
renewal. Mr. Moore noted that he had heard Donna’s would offer a delivery
service and asked what could be done. Mr. Kiser said the Law Department will
look into the situation and report back.
On a
motion by Mr. Moore, and seconded by Mr. Schneider, it was moved to suspend the
rules and hear all three readings of the Resolution. All members present voted YES.
On a
motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to pass the
Resolution. All members present voted
YES.
M) ADMINISTRATION
REPORTS
The
Mayor was present and thanked Council for passing that resolution. Turning that
establishment into a full state liquor store is not desirable in that location.
The
Mayor then shared highlights from his visit to
Removal
of steel from the old incinerator is 80% complete and salt will then be
delivered as we have converted this unusable structure into a salt storage
location.
Complaints
regarding the traffic flow on
Mayor
Williams noted that the construction of the medical building at the former
M.A.B./Steinberg's building is progressing nicely. The medical building at
Sherman and Lawrence and the School Outfitters project at Regent are also
moving ahead. All of these are real
advantages to the City and to the immediate neighborhoods.
Mayor Williams closed by noting that Public Works has caught up on excess brush
and is now working on leaf pickup.
When
opened for questions, Mr. Mumper inquired about the Kasemeyer Dairy project.
The Mayor said it is a very nice renovation and encouraged all to stop by and
take a look. Credit for this effort is
due to Mr. Rick Dettmer. Some of these
old manufacturing plants are being transformed into offices and we will gladly
accept these projects. It is exciting, but in this economy we need to proceed
cautiously.
Mr.
Stith began the Auditor’s Report by announcing that the budget worksheet was sent
to Council Finance Committee and they are making progress. Hopefully, a budget will be ready for
approval by end of year. The budget worksheet includes current year
appropriations, all changes, as well as 2009 forecasts. Mr. Stith added that we
are proceeding conservatively with revenue projections.
The
Auditor’s office has also looked into all City funds and the possibility of
shifting to accrual accounting for these funds.
When opened
for questions Mr. Mumper asked Mr. Stith to repeat his comments made at the
recent Finance Committee meeting as this led to good discussion. Mr. Stith explained that we need to be very
conservative and very careful as we move forward. We should expect a decline in revenues due
to less income tax, companies moving, and
elimination of tangible property taxes. At this point we are estimating
approximately $1 million decrease in revenues.
Mr.
Schneider asked about the “rainy day fund”.
Mr. Stith responded that he expects to carry forward approximately $3
million into 2009. The State has
guidelines that states 5% of budget be carried over;
Mr.
Mumper asked how our situation compares that of
Mr.
Moore asked if the Auditor’s office has received formal revenue projections
from the Tax Office. Mr. Stith answered
that these projections are not yet available.
Mr. Moore followed up asking how much of the $3 million would be eaten
up as we close out the year and begin 2009.
Mr. Stith responded that we would hope to remain flat on expenses and
gave an overview of the budgeting process.
Mr.
Kiser gave the Law Department Report by reminding everyone that the next
hearing on Empire Tavern (part 3) is scheduled for December 8 at 1:00 p.m. in
Room B at
Mr.
Kiser also clarified the timing considerations with regard to PODS ordinance
and requested additional feedback.
N) OTHER REQUESTS TO ADDRESS COUNCIL
Robin
Mace of
O) UNFINISHED BUSINESS
Mr.
Mumper announced C.O.W. meeting scheduled for next Tuesday.
Mr.
Sanker announced two more weekends for drop off of Household Hazardous Waste at
Mr.
Schneider mentioned that he will be unable to attend the C.O.W. meeting but
wants to state his support for the continuation of the Health Department. The level of service is something that a new
Health Commissioner will have to address.
Mr.
Moore reminded citizens of the Town Meeting in the mini auditorium of
Mr.
Moore reiterated the significance of $1 million decrease in revenues. The
continued shortfalls should be expected in following year as well, as it will
take several years to rebound. Mr.
Sanker added that even this year we are experiencing a decrease while we
expected a slight increase and reiterated the need to proceed cautiously.
P) NEW BUSINESS
Mr. Gabbard
asked for a moment of silence in honor of veterans and thanked them all for
their service to this great nation.
Mr.
Sanker pointed out that the speed wagon has been placed on
Mr.
Schneider asked that the issue of reserve for contingencies be placed into the
Finance & Audit Committee. Mr. Sanker asked for clarification on the
request and if Mr. Schneider meant permanent appropriations vs. budgetary. Mr.
Schneider confirmed.
Q) COMMUNICATIONS
1. Letter from Recreation Re: Park Improvements and Events
On a
motion by Mr. Schneider, seconded by Mr. Moore, it was moved that the letter be
received and filed. All members present
voted YES.
2. Letter
from Recreation Re: Halloween in the
Park
On a motion
by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be
received and filed. All members present
voted YES.
Communications
3-8 were addressed earlier in the agenda, as amended.
9. Letter from OKI Re: Election of Representative
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the letter be
received and filed.
Mr. Vic
Schneider was reappointed as the
10. Letter
from Earnings Tax Department Re:
October Earnings Tax Report
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the report
be received and filed. All members present voted YES.
11. Letter
from Mayor’s Office Re: October
Mayor’s Court Fines
On a
motion by Mr. Schneider, seconded by Mr. Sanker, it was moved that the letter
be received and filed. All members
present voted YES.
12. Letter
from Auditor’s Office Re: Explanation of Appropriations
On a motion
by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be
received and filed, as if read. All
members present voted YES.
13. Letter
from
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter
be received and filed and a public hearing for Rookwood Exchange be scheduled
for December 23, 2008.
14. Letter
from Mayor’s Office Re:
Refund Check
Mr.
Mumper thanked Mr. Geers and the Safety Committee. All premiums have been
reduced since 2004.
On a
motion by Mr. Mumper, seconded by Mr. Moore, it was moved that the letter be
received and filed. All members present voted YES.
R) EXCUSE ABSENT
MEMBERS
On a
motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to excuse the
absent member. All members present voted
YES.
S) ADJOURNMENT
On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to adjourn. All members present voted YES.
______________________________ ______________________________
J. Brian Mumper Jane
M. Grote
Clerk of Council President
of Council