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Home My WebLink About07/06/1981 RECORD OF PROCEEDINGS M illutes of VILLAGE OF DUBLIN ~&6tb Jleetillg National Graphics Corp., Cols., O. Form No. 1097 ""'11" II clel July 6, 1981 19 The regular meeting of Council was called to order by Mayor Headlee at 7:30 P.M. Those members present were: Chambers, Headlee, Geese (arrived at 8:00 P.M.), Lewis, Maurer, Shawano Also present were Mr. Sheldon, Village Manager, Mr. Smith, Law Director, and Mr. Wolfe, Village Engineer. Mr. Mand was absent. Mr. Shawan moved, seconded by Mr. Chambers, to approve the minutes of the June 15, 1981 regular meeting of Council. All those present voted in favor of the motion. Mr. Chambers moved, seconded by Mr. Lewis, to approve the minutes of the special meeting of June 22, 1981 concerning designation of Wards. All thos~ present voted in favor of the motion. Mr. Chambers moved, seconded by Mr. Shawan, to approve the bill listing of July 6, 1981. All those present voted in favor of the motion. The Clerk informed Council of a notice from the Ohio Department of Liquor Con- trol that the Raqueteer Club, Inc., 650 Metro Place, N., is requesting a D-4 permit. Mr. Lewis moved, seconded by Mr. Chambers, to not object to the re- quest. Vote on the motion was as follows: 4 Yeas - Headlee, Lewis, Shawan, Chambers; 1 Nay - Maurer. Mayor Headlee announced Mr. John Sheary and Mr. Huntington Carlisle of O.C.L.C. were present to hear any discussion of O.C.L.C.'s tax exempt status. Mr. Smith referred to his memorandum to Council, June 29, 1981 (attached) and recommend- ed discussion be limited because of the pending litigation. " M.O.R.P.C. - Effects of Reaqan Economics on Programs (7:40 _ 8:00) Mr. William Habig was present to inform Council of the impact Reagan's economic recovery program would have on Dublin. He said the greatest effect on local programs will be the balancing of the Federal budget. He expects an increase in taxation on the State level as well as city and county levels. He said the largest item receiving the greatest cut backs are the highways, however, additional State funds will be available through increased taxes on gasoline. Other sources of funding on the local level would be bonds. Mr. Lewis expressed concern as to what assistance Dublin can expect to receive with the Scioto bridge improvement. Mr. Habig stated that some help should be available from the State since Rts. 33-161 is a primary route and is State funded. He said it depends on how it is packaged in light of the new State revenues and where it falls in the priorities. He said he would check into this and report to Council. Other areas that would be affected are: Sewer funds, the Community Development Program, transit funds, human service programs and small business programs. Resolution No. 16-81 Said resolution dealing with a payback agreement for Indian Run Meadow sewer oversizing was a tabled item. Mr. Lewis moved, seconded by Mr. Shawan, to re- move the resolution from the table and vote on the motion was unanimous for approval. Mr. Ison, Attorney for the developer of Indian Run Meadow, presented an amended agreement which stated the development will bear the cost of an 18-inch line and the Village will assume the additional cost for a 21-inch line. Mr. Ison said the cost to the Village would not exceed $45,000 of the total cost of the sewer line. Mr. Lewis moved, seconded by Mr. Shawan, to approve the resolution with the amended agreement. Vote on the motion was unanimous. RECORD OF PROCEEDINGS Minutes of VILLAGE OF DUBLIN . ~I 9 ~tcS \I I'd in!.!. National Graphics Corp., Cols., 0, Form No. 1097 '-(:i> Held July 6, 1981 H) 1\. Paqe Two Ordinances No. 25A-81, No. 25B-81, and Resolution No. 19-81 Said ordinances dealing with the Income Tax Issue, general and itemized, and said resolution dealing with a Resolution of Necessity regarding the Income Tax Issue remained tabled at the request of Mr. Chambers until all Councilmem- bers would be present for these important issues. Resolution No. 27-81 Said resolution dealing with clarification of the Income Tax/Bond issues was read for the third time. Mr. Chambers moved, seconded by Mr. Shawan, to table said resolution until such time as Ordinances No. 25A-81 and No. 25B-81 and Resolution No. 19-81 are discussed with all Councilmembers present. Ordinance No. 34-81 Said ordinance dealing with an amendment to Section 4.11 of the Charter was read for the third time. Vote on the ordinance was unanimous for approval. Proposed 1982 Budget Mr. Chambers moved, seconded by Mr. Shawan, to approve the Proposed 1982 Budget. Vote on the motion was unanimous for approval. Resolution No. 24-81 ~. Said resolution dealing with a Resolution of Necessity for constructing a water line on Trails End Drive was read for the third time. Vote on the resolu tion was unanimous for approval. Ordinance No. 37-81 Said ordinance dealing with acceptance of a petition for annexation of 478.5 acres was read for the second time. Resolution No. 28-81 Said resolution dealing with appointing a committee to formulate Council Rules of Order was read for the second time. Mayor Headlee said she and Mrs. Maurer will meet to discuss Council Rules of Order and tentatively plan to report to Council at the July 20, 1981 meeting. Resolution No. 29-81 Said resolution dealing with a proposed agreement with Adria Laboratories, Inc., was read for the second time. Mr. Harrison Smith, Attorney for Adria Labora- tories, presented an amended agreement to Council (see minutes of June 15, 1981). After some discussion, Mr. Shawan moved, seconded by Mr. Lewis, to dispense with the three-time reading rule and pass said resolution as an emergency. Vote on the motion and resolution was unanimous for approval. Resolution No. 32-81 Said resolution dealing with accepting a bid on Bonds for Phase II Sewers was introduced by Mrs. Maurer and read for the first time. Sweeney Cartwright of Columbus was accepted based upon the lowest rate of interest of 10 7/8% per annum. Mrs. Maurer moved, seconded by Mr. Shawan, to dispense with the three- time reading rule and to pass as an emergency. Vote on the motion and resolu- tion was unanimous for approval. Resolution No. 33-81 Said resolution dealing with appropriating property for sidewalks was intro- duced by Mrs. Maurer and rp.ad for the first time. RECORD OF PROCEEDINGS Minutes of VILLAGE OF DURI IN national _ graQ!!~ .\! c( I illl!, National Graphics Corp., Cols., O. Form No. 1097 c..)~ Held July 6, 1981 T 19 Paqe Three Muirfield Phase 14 - Acceptance of Final Plat Mr. Howard Adams was present to submit said plat for Council's consideration. The location of Phase 14 is the southwest corner of Glick Road and Muirfield Drive. Mr. Geese moved, seconded by Mr. Shawan, to approve the plat as sub- mitted. Vote on the motion was unanimous for approval. Presentation of Swimming Pool Complex Mr. Mike Carroll, Bradstetter/Carroll and Associates, and Marty Hosack, Brubake~ and Brandt, Inc., were present to report on plans for a proposed swimming pool and community center. Mr. Carroll said their choice of location would be the 14 acre addition to Coffman Park primarily because of the access to sewer and water. He said 40-50% of the acreage would be used for actual development with most of the balance for parking, landscaping, etc. Mr. Carroll announced there would be a Public Hearing Wednesday, July 15, 1981 at 7:30 P.M. in the Municipal Building. They plan to return to Council August 3, 1981 for a final presentation and will then hold another Public Hearing August 5, 1981. Council Roundtable Discussion Mayor Headlee reported receiving numerous compliments on the 4th of July in Dublin. She thanked everyone in the Community who participated and expressed appreciation to Chuck Speer, Janet Isenhart, and all the people in the Parks and Recreation Department for a successful celebration. Mrs. Maurer said she enjoyed the 4th of July and thought the planning was very we;H. done. Mr. Sheldon reported the Dublin Jaycees will replace the four (4) signs recent- ly stolen. He asked if Council would agree to the Village paying one-half (1/2 the cost of $1~00 for the purchase of the signs. Mr. Shawan moved, seconded by Mr. Geese, to pay $750.00 toward the purchase of the signs. Vote on the motion was unanimous for approval. Mr. Sheldon said they have hopefully found another method to install the signs to discourage thefts. Mayor Headlee adjourned the meeting at 9:05 P.M. ~,~./ ~, ~ ayor - residing 0 ficer c~n!<<' ~~ ... BILL LISTING - July 6, 1981 Bane Ohio National Bank Robert Zettler Dublin Ins. Agency Janet Isenhart Mr. Ron Bell $ 70.80 345.50 30.00 16.19 110.00 Sherman Sheldon Full-time Employees Part-time Employees Part-time Employees Part-time Employees Part-time Employees PERS Councilmembers Chemlawn 147.10 15,647.28 882.00 1,365.50 313.25 575.60 2,426.30 2,325.00 475.40 Moore Business Forms Bohm - NBBJ Crawford - Nichols Hill Printing Co. Worthington Gulf Wheeling Corrugating Vance's Shooter Supply Franklin Co. Sheriff's Dept. The Dublin Forum The Butler Report Blue Cross of Central Ohio Chemi-trol Chemical Co. John Eger & Son Excavating Central Ohio Welding Baldwin & Sours Farm & Home Supply Rose Chemical Elder & Elder 476.46 1,389.46 184.80 48.10 25.00 1,714.88 647.00 220.00 891.00 4.36 1,809.50 431. 25 150.00 56.31 123.74 37.56 327.00 603.52 Fred's Excavating Medusa Aggregates Charles E. Headlee Perry Township H. F. McClory R.P.M. Maintenance R.M.C.S. System Agler-Davidson Central Communications Nationwide Insurance 84.00 299.13 67.95 1,541. 66 340.00 400.00 2,000.00 301.46 186.16 128.00 Dublin Community Church Anderson Concrete 19.40 387.00 Payroll Processing for May July 4th Miss Ohio Ins. Bond/Fireworks July 4th Supplies Reimburse damages due to blockage in sewer line Reimburse petty cash box Full-time gross salaries Recreation & Softball Employees Park Maintenance Cemetery Street Maintenance Employer's Portion Salaries - 1st Half 1981 Lawn treatment - Municipal Bldg. and Avery/Coffman Parks Receipt Books and purchase orders Planner consulting fees Repair A/C at City Hall & 129 S. High Report forms for Police Department Tow charge - pull tractor from ditch Pipe for drainage repairs Ammunition for qualifications Prisoner Boarding Hearing, Bonds Sale, Meetings Copies of plat maps Hospitalization ins. for employees Roadside vegetation control spray Grading in cemetery Oxygen & Acetylene cyliners for welding Repair traffic control and flashers Soapstones, tarp cover for fogger Insecticide for fogger Tires & tubes for mowing tractors and cruiser Weed mowing Stone for berm repairs Misc. office supplies Police communications Pump Station Maintenance Janitorial services Postage for meter Playground equipment Repair walkies Additional general liability premium (from audit) Rental for recreation programs Cement for footers for bldg. at Avery Park Bill Listing - July 6, 1981 - Page Two Standard Oil Company Geotechnical Consultants Franks Nursery Polar Water Dublin Land Development Co. Trails End Waterline Muirfield, Ltd. Mobil Oil Corp. Village Trophy Co. C. E. Williams Allied Roto-rooter Jane M. Jacobs Moore & Sons Tree Service COPPS, Inc. Muirfield, Ltd. T-Shirts City of Columbus Armstrong & Okey Service Supply Wolfe Engineering Dublin Hardward & Paint Columbus Builders Supply Rich Vance Smith & Gunner White Acres Implement C&SOE Ohio Bell Dublin Area Community The Olen Corp. Phillip's Oil Co. Midwest Chemical All-State sewer Neenah Foundry Roush Hardware Jack Conie & Sons Flower Garbage TOTAL 10.68 282.34 16.95 34.40 2,640.00 3,284.00 7,204.00 901.18 266.12 10,426.00 37.00 7.00 55.00 180.00 280.00 85.50 8,179.84 31.50 148.85 2,300.80 173.93 166.46 146.25 3,117.68 641.97 1,863.42 943.06 10.00 19.31 593.92 169.00 231.00 276.00 301.22 182.43 8,246.35 $93,037.78 Gasoline for cruiser Testing at Dale Dr. & Post Rd. Grass seed for cemetery Water for Maintenance Bldg. Water tap payback Water tap payback Water tap payback . Gasoline for vehicles Trophies for July 4th Traffic Studies/Engineering Fees Unclog toilet at Avery Park Witness fee - Mayor's Court Remove limb/So High Street Polygraph tests/police applicants Weed mowing/lots in Muirfield T-shirts for park maintenance crew Sewer tap fees Record BZA hearing Brackets for Street signs Engineering services for June Tools, supplies, concrete Sand & martar for bldg. at Avery Park Rental of Deer Run for recreation programs Legal Services for June Blades, belts and grease for mowers Electricity - municipal, maintenance building and parks Telephone service - all buildings Membership fee/David Amorose Sand for Avery Park Hot asphalt for road repairs New vacuum cleaner and bags for municipal building Force cleaning of storm sewers Grates for storm drains Tools & miscellaneous supplies, repair chain saws Repair two fire hydrants TO: Dublin Village Council FROM: Smith & Gunner, Law Directors SUBJECT: O. C. L. C. - Tax Exempt Status DATE: June 29, 1981 As requested by Council, we have talked involved concerning the tax exempt status of facility. We have talked to attorneys for both parties and have primarily pinpointed the issues: 1. Presently O. C. L. C. enjoys both federal laws (as to income taxes) property taxes). 2. Ohio's tax exempt status falls under two statutes: (a) Educational related (5709.07 Revised Code), and (b) Charitable related (5709.12 Revised Code). i I 3. The tax exempt status periodically comes up for review i II by the Tax Equalization Commissioner and a challenge has been made! II by Superintendent for Dublin Schools. ! II 4. Apparently, the property included as exempt was 10% of ill! that appearing on the Auditor's tax duplicate for the School I District, and this is what brought the matter to the School I' I District's atten tion. I, I' 1/ 11 II II I, II II 'I : , I I I to various parties the O. C. L. C. a tax exempt status under and state laws (as to I , I I 5. Both attorneys concede that the argument of education- Ii related exemption does not carry much weight since the exemption I must demonstrate a certain teacher-student relationship. However ,I the "charitable" exemption is the real issue being challenged. I I 6. According to Jeff Rich, Attorney for the School Board, ! the gist of the charitable exemption is that the services of the institution must be offered to the public for free. Huntington Carlisle more closely ties in the charitable exemption to educational, scientific, etc. provisions, and advises that the Supreme Court has recently decided a case which contains language favorable to O. C. L. C. 7. A hearing examiner has already decided against O. C. L. C1 and the matter is now with the Commissioner of Tax Equalization tOI affirm or reverse the Commissioner's decision. The matter then may be appealed to the Board of Tax Appeals. Both parties have submitted legal briefs in support of their positions to the Tax Equalization Commissioner. 8. At present, the Village Council has three options. ;~~ (a) To do nothing as far as any input into the decision. O. C. L. C's attorney says that the Company has not expected anything by way of a commitment from the Village since all that was desired initially was that the Village would not interfere with the tax exempt status. To: The Dublin Village Council O. C. L. C. - Tax Exempt Status June 29, 1981 Page Two (b) To pass a resolution based upon whatever facts woul justify it in support of the tax exempt status. We would recommend that Council wait until we have received and reviewed the brief in support of O. C. L. C. position before voting such a resolution. (c) To authorize the Law Director to file an amicus curiae (friend of the court) brief with the Tax Equalization Commissioner with a summary of legal principles the Council wants advocated and accepted. If Council has further inquiries, we will be happy to respond. /./ ,/ I /" r I. I . . .--') \" I I I I II 'I II \, II II I I I / / ) ,Ii' --I I ,/. _; J :--. ""', '-J f \ , ,/ ~iSteph)p J. smi~ / _' \ i /J ': / ( j;C/ - / '-, / ,".' ~ ,/ " jI '" .... "1-t.- ,.~_. - -- - - \.1 ' '., _.__..___... ...."'.... .-" ,,-'1......-....- '-"'. - \Michael T. Gunner -'~........, ,/' /' II II II I I I ! MTG : j V Ii