HomeMy WebLinkAbout01/20/2009RECORD OF PROCEEDINGS
Minutes of Dublin __City Council
_Meet~ng
January 20, 2009
Mayor Chinnici-Zuercher called the Tuesday, January 20, 2009 Regular Meeting of Dublin
City Council to order at 7 p.m. at the Dublin Municipal Building.
Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr.
Lecklider, Mr. Reiner, and Ms. Salay.
Staff members present were Ms. Grigsby, Ms. Readier, Mr. McDaniel, Chief Epperson, Mr.
Langworthy, Ms. Puskarcik, P. Hammersmith, Ms. Crandall, Mr. Earman, Mr. Harding, Ms.
Hoyle, Mr. Hahn, Mr. Thurman, Mr. Gunderman, Ms. Adkins, Ms. Ruwette and Ms.
Worstall.
PLEDGE OF ALLEGIANCE
Mr. Keenan led the Pledge of Allegiance.
APPROVAL OF MINUTES
• Minutes of Regular Meeting of December 8, 2008
Mr. Keenan moved approval.
Ms. Salay seconded the motion.
Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner,
yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes.
=CIAL PRESENTATIONS
• Karrer Middle School FIRST LEGO Robotics League -Techno Flames
'v Gao. Team Coach. asked the Techno Flames team members and assistant
coaches to introduce themselves. The team members include: Alix Bernier, Sam
Brinker, Kevin Edwards, Jacob Farr, Tom Gao, Daniel Hong, John Luo, Trey
McGinnis, Sean McPherson and Pravav Sridhar. Coaches include: Gary Gao, Joyce
Edwards, Scott Hong and Sridhar Kaza.
Dr. Gao gave an overview of the team's recent efforts, including a visit to NBC
Columbus where the team gave a brief demonstration and a regional competition held
at Grandview Heights Middle School. Their team placed third in the regional and won
the trophy for research presentation. They will be participating in the State
Championships in Dayton, Ohio on February 14 and 15.
Ms. Salay asked if the students build robot prototypes prior to the final product.
Daniel Hong, Team Member explained the process from the design stage, through
programming, construction, operation and presentation.
Vice Mayor Boring inquired if parents serve as the advisors
Dr. Gao responded that they do, although the students perform 99% of the work.
Mayor Chinnici-Zuercher congratulated the team and wished them success at the
State competition.
Ms. Salay asked Dr. Gao to advise Council of the results of their competition.
• Dublin Convention and Visitors Bureau Update
Jenkins, Dublin Convention and Visitors Bureau (DCVB) Board President stated
as Council is aware, the Bureau's mission is to "attract, serve and retain overnight
ors to the City of Dublin, which will, in turn, help to increase the bed tax revenue
generate dollars for the City's economy." As mandated by the State of Ohio, the
'au completed its 2007-2008 audit. The audit went very well without citations or
ifications. A copy of the State Auditor's letter was provided in Council's meeting
;et. The DCVB Visitors Center is located in Historic Dublin and serves as a great
urce for visitors and residents. This past year, the Visitors Center hosted visitors
48 states and 14 countries. The Visitors Center would not be a reality without the
it financial support of Dublin City Council.
Scott Dring, DCVB Executive Director stated that the focus of their report tonight is the
2009 Marketing Plan. A copy has been provided to Council tonight. The plan not only
outlines 2009 efforts, but also details some 2008 results. As expected, the economy is
taking a toll on the tourism industry. Dublin hotels project a 4-6 percent decrease in
hotel revenue for the next six months. As reflected in the marketing plan, the Bureau
has devised a strategy to generate new business from other markets to offset the
anticipated reduction in business travel. History indicates that the youth travel sports
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeti__ nv_
January 20, 2009 Page 2
business does not slow during economic downturns. Therefore, their efforts will focus
on that area. Four new baseball tournaments will be held in Dublin this summer,
which are anticipated to attract 2,500 hotel room nights and an estimated $1.9M for
the City. They are also working with event planners in neighboring communities to
provide some of the hotel nights needed by visitors to those events. Another market
they are pursuing is the SMERF market (social, military, educational, religious and
fraternal market). These groups tend to spend substantial dollars in the communities
they visit. They are launching a new blog, which can be found at their website. They
have also set up a presence at various social networking sites. The Bureau
appreciates Council's support and partnership and will continue to update Council on
their progress over the next few months.
Mayor Chinnici-Zuercher noted that over the last couple of years, Experience
Columbus has discussed the need for another full-service convention hotel downtown.
Although the current trend may have discouraged those efforts, has there been any
discussion with the Dublin hotel industry about that?
Mr. Dring responded that the current Dublin hotels would naturally not seek additional
competition from more hotels. However, the Bureau represents the City, not the hotel
industry. From that perspective, another full-serve hotel, located perhaps in the new
hospital and Innovation Center area, would have along-term benefit to the community.
Mayor Chinnici-Zuercher thanked Mr. Dring for his report and the DCVB and staff for
their good efforts. City Council looks forward to continuing the partnership.
Vice Mayor Boring stated that it is impressive that while everyone else is experiencing a
significant percentage of downturn, DCVB shows a percentage of increase in occupancy
rates over the previous year.
• AEP Update regarding Muirfield Project
Ms. Grigsby stated that late last summer, AEP representatives attended a Council
meeting to provide Council information on the major infrastructure project they were
about to initiate in the Muirfield area to upgrade the existing service lines. AEP
representatives, Jon P. Olenski and Selwyn Dias, will provide an update on that
project.
Selwyn Dias, AEP Ohio, Vice President of Regulatory Affairs and Finance stated that
they are here to provide an update on the massive amount of work occurring with this
project. The scope of this project, which began in 2006, is unprecedented, both from
the aspect of the significant investment they are making in the Muirfield Village area
and the complexity associated with the scope of the project. Although the project was
initiated in 2006, it soon became apparent that the equipment was failing at a faster
pace than anticipated. They shortened the timeline and increased the resources for
the Muirfield Village electric infrastructure revitalization project. Muirfield is served by
approximately 90 miles of underground cable, and it is reaching the end of its useful
life. The project will rejuvenate or replace 80 of those miles. The cost of the project is
approximately $10 million for the cable work alone. It will cost another $4.5 million for
improvements to the Sawmill substation that feeds the Muirfield Village area. AEP
understands that the Muirfield residents have experienced much inconvenience due to
the unexpected outages that have occurred over the past several months. It is also
very frustrating to AEP, and this situation has the highest level of AEP Ohio
management attention, including himself and the Vice President of distribution
operations, who was unable to attend tonight.
Jon P. Olenski, AEP Ohio, Project Manager shared a PowerPoint overview of the scope of
the project including complexities and timeline. He also provided a copy to those in the
audience and Council, noting the information has been shared with the Muirfield Village
residents as well.
Mayor Chinnici-Zuercher thanked the AEP representatives for their report. Council
respects the amount of money AEP is investing in the Muirfield project and the issues and
RECORD OF PROCEEDINGS
Minutes of Dublin City Council _ Meeting
January 20, 2009
Page 3
challenges for AEP with this project. She is also aware of the history related to this
problem. Part of the problem is the result of the fact that there was not an ongoing.
maintenance program. Now, a significant area requires revitalization within a short period
of time. Her concern, however, is for the City residents impacted by the outages, which
have been significant and extended. It is now entering the winter season, and the issue
becomes much more critical when people do not have heat. The impacts to the residents
are also ones of health, medical and monetary. When the outages occur, they do not
know if it will be a 30-minute or a many-hour outage. Residents have often lost food in
their refrigerators due to the length of the outages. Other residents operate businesses
from their homes, and they are economically impacted. The Muirfield Village Civic
Association President, Bob Fathman, has shared the residents' issues with AEP. From
the residents' perspective, it appears that because AEP is able to provide a reason for the
problem, they feel somewhat absolved of responsibility for the personal impact the
repeated outages are having on the residents. Residents have requested reimbursement
for the unexpected financial costs they have experienced, all of which requests have been
rejected by AEP per AEP's agreement with PUCO. Therefore, although the investment
AEP is making may be significant, it is their business to do so. The residents are
dependent upon AEP doing so.
Mr. Reiner stated that he also resides in Muirfield Village. The Mayor has summarized
well some of the problems they have been experiencing. In addition to food losses, some
residents have experienced significant losses related to outages and impacts on home
businesses, etc. A major outage occurred on Christmas eve, when many of the residents
had family and guests in their homes for the holiday.
During the presentation, a timeframe of 40 and 30 years was mentioned as the anticipated
life expectancy for the replacement parts. How long will the repairs endure?
Mr. Olenski responded that the 30-year expectancy has been reached on much of the
existing cable. The technology is very different today. Although some people complain
that installing the cable today in conduit is "overkill," it should greatly add to the life of the
cable.
Mr. Reiner stated that the project has an anticipated August completion date. After the
project is concluded, will the system operate efficiently?
Mr. Olenski responded that it absolutely will. Of course, underground electrical systems
will have outages from time to time. What they expect to accomplish is reducing the
frequency and the duration of an outage.
Mr. Dias added that AEP is very confident that Muirfield will have a superior system in
place after the work is completed in August. The residents should notice an improvement
prior to that time.
Mr. Reiner inquired if all of the parts that need to be replaced will be replaced, and will
they have a life expectancy of 30 years?
Mr. Olenski responded that in the areas that have experienced the most number of faults,
the cables will be replaced. The other cables will be injected as outlined in the
presentation. By the end of February, 35 miles of cable will be warranted for 40 years.
Mr. Reiner inquired if AEP is making a comprehensive investment to replace all the parts
that could fail.
Mr. Olenski confirmed that is exactly what AEP is doing.
Mr. Dias stated that the Public Utilities Commission of Ohio (PUCO) has become very
engaged in AEP's work plan, and they have confirmed that AEP is doing everything
possible to replace whatever is in need of replacement.
Mr. Reiner stated that Dublin has had much of its cables placed underground. Will there
be other portions of the communities with underground utilities experiencing failures?
Muirfield is one of the oldest communities in Dublin -will these same problems occur in
other areas over time? What is AEP's expectation in this regard?
Mr. Dias responded that they do not foresee similar issues for the other Dublin areas in
the future.
RECORD OF PROCEEDINGS
Minutes of _ Dublin City Council
January 20, 2009 Page 4
Mr. Reiner inquired if AEP has placed all of their new underground utility projects in Dublin
in conduit. He is surprised that Muirfield's cables have not been placed in conduit to
protect AEP's interests.
Mr. Olenski responded that is his recommendation, and it is occurring in many of the
projects. It depends on the area. In some areas, it is difficult for the machinery to push
the conduit in.
Mr. Reiner stated that he hopes that when this project is occurring, that the cables will be
placed in conduit. There has been a significant amount of digging in the Muirfield area
over the years, which puts the cable at high risk.
Mr. Olenski stated that it has not been the industry standard, but that is what they are
doing in the areas where it makes sense to do so.
Ms. Salay inquired when AEP first began to place the cables in conduit. A large of amount
of Dublin's electric infrastructure is underground. In her neighborhood, which is i
approximately 15 years old, they experience very few power outages. As the City ages,
will outages in other areas begin to occur?
Mr. Olenski stated that is possible, but not what they anticipate.
Ms. Salay suggested that when the Muirfield project is completed, it might be a good idea
for Dublin to work with AEP to evaluate the other areas and try to avoid the need for
another future major investment.
Mr. Dias stated that, as a matter of fact, AEP has a filing before PUCO related to a request
to fund distribution infrastructure projects. Previously, the State had frozen their electric
rates and they were unable to make such investments. The filing is under review and they
are awaiting a final decision.
Mr. Reiner stated that the expectation of consumers is that AEP will remain current with
cable review and maintenance versus allowing such an overwhelming situation to occur.
A similar situation also occurred related to AEP's tree maintenance policies for areas
around the electric lines. In earlier years, AEP had contracts to regularly perform tree
trimming, but then it appeared that AEP entered into a phase where they did not invest in
appropriate maintenance -instead, simply chopped trees. Then, recently, there were a
couple of high wind events causing tree branches to fall into power lines resulting in
outages. The public demanded that the trees be cut down. From his perspective, 30-40
years of history indicate that the problem occurred because AEP did not address the tree
trimming needs in an appropriate, ongoing manner. The situations are parallel, and he is
hopeful that officials at AEP take this more seriously. Doing otherwise has significantly
impacted citizens.
Mayor Chinnici-Zuercher concurred with Mr. Refiner's comments. The AEP request to
PUCO is based on AEP imposing utility rate hikes on citizens to pay for the continuous
maintenance and upgrades. From a layperson's perspective, it would seem that within the
industry there would be a plan for normal maintenance to prevent this type of crisis. She
understands that Ms. Grigsby and Mr. McDaniel will continue to work with AEP regarding
a long range maintenance plan. She thanked Mr. Dias and Mr. Olenski for coming to
share this information. The City looks forward to no longer having outages, particularly in
cold weather.
CORRESPONDENCE
The Clerk reported that no correspondence had been received requiring action from
Council.
ADJOURN TO EXECUTIVE SESSION
Mayor Chinnici-Zuercher moved to adjourn into executive session for the discussion of
labor negotiations (to prepare for, conduct, or review negotiations or bargaining
sessions with public employees concerning their compensation or other terms and
conditions of their employment)
Mr. Lecklider seconded the motion.
Vote on the motion: Ms. Salay, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-
Zuercher; Vice Mayor Boring; Mr. Gerber, yes; Mr. Lecklider, yes.
The meeting was adjourned at 8:05 p.m.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council
Meeting
January 20, 2009 Page 5
The meeting was reconvened at 8:44 p.m.
CITIZEN COMMENTS
Jan Krukowski, 6291 Wismer Circle, Wyndham Village stated that she has been a Dublin
resident for 11 years. She would like to bring before Council the issue of outdoor patio
seating at Mary Kelley's in the Shoppes at Athenry. Although the need has existed for
many years, she believes it is time for Council to re-examine it. This past summer, she
observed many people around Dublin riding bikes, walking or running. In past summers,
there were far fewer people enjoying the outdoors within the City. People are choosing to
remain close to home due to the increased price of fuel. Recently, after a bike ride, she
tried to find a place in her neighborhood to eat outside; there was none. She then stopped
at UDF and while there, talked with several customers outside. That conversation
revealed that many of her neighbors felt the same way she did -that Mary Kelley's is a
great restaurant and family establishment and should be permitted to provide outdoor
seating on their patio She decided to circulate a petition to see what the majority of
people within Dublin thought about outdoor patio seating at Mary Kelley's. She focused
on the area surrounding the restaurant. As she went door to door, she realized that a
majority of the residents agreed with her. The residents of the area around Mary Kelley's,
the Dublin Village condominiums and Indian Run neighborhood would like an outdoor area
where they can enjoy a meal with friends and family.
However, during her neighborhood petition efforts, a friend forwarded to her a copy of an
Indian Run newsletter that falsely represented her efforts. The article described her as "a
man circulating a petition who confessed he was not a Dublin resident, who was using
deceptive tactics and false information to persuade people to sign his petition. It further
stated, "The Planning and Zoning Commission has denied their patio seating application in
the past, citing negative impact on the neighborhood. A number of Indian Run Homeowner
Association members and residents have consistently opposed the patio expansion, even
speaking out passionately at official meetings. It is our position as your association board,
that we will not support the patio expansion and we encourage our homeowners and
residents not to sign this position."
She was surprised, as she has never spoken with that individual. She believes this was
an attempt to scare and intimidate people in the neighborhood. This is a perfect example
of the misrepresentation of facts that this one gentleman has made over the years to keep
Mary Kelley's from having outdoor seating. In today's economy in which many businesses
are struggling, she believes that Dublin City Council, as representatives for the people of
Dublin, should make every attempt to allow businesses to thrive in this community. Mary
Kelley's is a great asset to Dublin, with great service and food. She inquired if there is
anything the residents can do to have Council reconsider this issue, or to have it placed on
a ballot for a vote by the residents. In the past, she had heard that some of the residents
in the neighborhood had issues or complaints about Mary Kelley's. But when she was
gathering signatures for her petition, she did not find that to be the case. All the
responses were positive.
Ms. Salay noted Ms. Krukowski lives a sufficient distance from Mary Kelley's and therefore
wouldn't experience the same noise problem as the neighbors of Mary Kelley's.
Ms. Krukowski responded that is correct, but she lives behind a school where children are
outside at recess, where there is neighborhood garbage pick-up during the night, and
other community events - all of which create noise, particularly in the summer.
Community noise associated with outdoor activity in the summer should not be an issue.
Mayor Chinnici-Zuercher asked staff about the timing of Mary Kelley's last application for
outdoor patio seating.
Mr. Langworthy responded that it was several years ago. He is aware that there was
community objection to their application.
Mayor Chinnici-Zuercher stated that the first step would be for Mr. Langworthy or Planning
staff to review with Ms. Krukowski and any representatives the public comments and
discussion from the Planning and Zoning Commission hearings. She believes there have
been several hearings on this topic.
Mr. Gerber responded that there is a lengthy history.
Mayor Chinnici-Zuercher added that she certainly understands Ms. Krukowski's position.
However, this is a restaurant that has had a long history in requesting outdoor seating.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council _Meetin~
January 20, 2009 Page 6
There have been many different neighbors involved and different Planning Commissions -
all of whom have taken the same position. Therefore, it seems unlikely that the Planning
Commission or Council would change their decision, which was formed as a result of the
history and dynamics that have been expressed.
Ms. Krukowski responded that when she walked the neighborhoods, everyone signed her
petition. She believes that one or two individuals that are influencing people negatively.
That is the reason that she decided to walk through the neighborhood and talk directly to
the people. The neighborhood responses have brought her to a different conclusion than
Council has made. Can an issue such as this be placed on the ballot for the voters to
decide?
Ms. Grigsby responded that the owner, Mary Kelley's, has the right to submit an
application for a conditional use and undergo the process again. Then, as part of the
public input session, both the opponents and proponents would have the opportunity to
testify. The Planning and Zoning Commission would then act based upon that input as
well as the input of staff and past history.
Mr. Lecklider added that it would also be necessary to review the record from the time
before the restaurant was built. He served on the Planning and Zoning Commission at
that time, and he believes Vice Mayor Boring may also have served during that time.
During the final development phase, very direct questions were asked of the developer
regarding the proposed use for this particular outdoor space. The developer refused to
address that issue, although he was asked repeatedly to do so. So there have been
issues regarding this use from the beginning, pre-dating any neighborhood complaints. It
could have potentially been resolved years ago. He would dispute that the issue is
entirely driven by either opponents or proponents of that outdoor patio use.
Mayor Chinnici-Zuercher summarized the necessary steps as outlined: Ms. Krukowski
would need to acquire copies of all the history on the conditional use, which Mr.
Langworthy can provide to her; and then the owner of Mary Kelley's would need to file an
application for a conditional use, which would result in a public hearing where all parties
would have the opportunity to speak on the issue.
Mr. Lecklider noted that in the last review of this issue, which occurred between City's
legal counsel and Mary Kelley's, some compromises were proposed that, ultimately, the
owners of Mary Kelley's rejected.
Wallace Maurer, 7451 Dublin Road:
(1) Requested a correction to the December 8, 2008 Council minutes to his comment
on page 4, line 7. The 4`h word, "consummate" is not the word he used. It should
be "consonant."
(2) Noted that at the end of the Council meeting replay, there is the following
disclaimer: "This broadcast is for production purposes. It is not the official record
of the meeting. For the official record, see the minutes of the meeting." His
question is why the recording is not the final record of the meeting? He realizes
that there is an immense amount of history on public meeting records going back
to the reporter who recorded actions in the British House of Commons or House of
Lords. The fact is that today's technology has moved beyond that. One can
indeed have the entire context of a meeting. Why wouldn't the video and audio
tape of the Council meeting serve as the final record of Council?
Ms. Grigsby responded that by City Charter, the Clerk of Council is responsible for
maintaining the record of the Council meeting minutes.
Mr. Maurer responded that the Charter needs to be updated. It stands to reason that the
full context of the Council meeting would be the basic line of reference. City officials such
as Clerks change over time and cannot provide a comprehensive record of all that
happens in a Council meeting. Why wouldn't the television tape be the best record of a
Council meeting?
Ms. Readier responded that the Ohio Revised Code mandates that Clerks of Council
maintain minutes. The reason for that law is that not every community is fortunate enough
to have their Council meetings televised. The Ohio Revised Code has to apply uniformly
throughout the state. To ensure that each Council throughout the State of Ohio is
adequately maintaining some record, there is a requirement for minutes.
RECORD OF PROCEED[NGS
Minutes of Dublin City Council Meeting
LEGISLATION
January 20, 2009
Page 7
POSTPONED ITEM
Ordinance 87-08
Declaring the Improvement to Certain Parcels to be a Public Purpose and
Exempt from Taxation; Specifying the Public Infrastructure Improvements
Directly Benefitting the Parcels; Requiring the Owners Thereof to Make Service
Payments in Lieu of Taxes; Establishing a Municipal Public Improvement Tax
Increment Equivalent Fund and Providing for the Collection and Deposit of
Service Payments into that Fund; and Authorizing the Execution of a Tax
Increment Financing Agreement. (Waterford Commons Development)
Ms. Grigsby stated that at the last Council meeting, staff requested that this legislation
be postponed to this meeting. Staff met with the School District representatives last
week, and there has not been sufficient time to evaluate the discussion. Therefore,
staff recommends that this legislation be tabled indefinitely. Staff will bring the
ordinance back and ask that it be re-scheduled for a hearing when a review has been
completed.
Mr. Keenan moved to table Ordinance 87-08 indefinitely.
Ms. Salay seconded the motion.
Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes;
Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes.
SECOND READING/PUBLIC HEARING -ORDINANCES
Resolution 87-08
Amending Sections 4.01 (Council Meetings) and 7.01 (Newspaper Publication) of
the Council Rules of Order.
Ms. Grigsby stated that there is no additional information regarding this matter.
Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice
Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes.
Ordinance 97-08
Amending Section 2 ("Wage and Salary Structure/Administration) of Ordinance
73-06 ("Compensation Plan" for Non Union Employees).
Ms. Grigsby stated that at the first reading of this legislation on December 8, 2008,
Council raised several questions. The memo provided in this meeting packet
addresses those questions. Mr. Harding will review the responses.
Mr. Harding stated the additional information includes: (1) national trends in 2009
wage; (2) trends in 2009 wage increases in the suburban communities in the Central
Ohio area; and (3) data from the Dublin's compensation program. In the 4th bullet
point on page one of the memo, it is noted that the proposed pay range adjustments
will not result in any across-the-board increases to all employees. The employees that
will be affected are those employees that fall below the minimum of the proposed pay
ranges or those individuals that are currently at the maximum of the current pay range.
He would like to make one correction to the memo, which indicates that there are
seven employees below the minimum; there are actually eight such employees. The
actual cost associated with bringing those eight employees to the minimum of the pay
grades would be $11,451 versus $8,500. The additional $3,000 is not due only to the
additional employee. There were some other errors in the spreadsheet provided for
the last reading.
The wage impacts associated with these pay range adjustments are within the
operating budget's 4% allocation for wage increases in 2009. The consultant who
worked with the City on the wage analysis had projected a 4% increase this year.
Staff recognizes that the current economic conditions may have a significant effect on
the market data the next time a biennial review is conducted - in 2010. If that market
indicates no further adjustments in 2011 are warranted, staff would make that
recommendation.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meetin¢
January 20, 2009 Page 8
Mayor Chinnici-Zuercher inquired about Table 1, Current Salaries and Ranges 2008.
The date indicates that 22 or 10% of the employees are above the target range
maximum. Was the number 22 at the time the new system was implemented, or has
the number increased?
Mr. Harding responded that the number has decreased over time.
Mayor Chinnici-Zuercher inquired if these employees will always be above the pay
range maximum, or will the adjustment this year bring them within the target range.
Mr. Harding noted that there will be one individual remaining above the target
maximum. It is anticipated that the next time the pay ranges are adjusted, everyone
will be within the target maximum.
Wallace Maurer, 7451 Dublin Road inquired if the projection data used reflects the
current and observable data within municipal government across the country.
Mr. Harding stated that the data did not reflect local government only. It also reflected
private sector corporations of various sizes. One page did show the projections for
wage increases in the local area.
Mr. Maurer stated that he does not know what percentage of the country is
experiencing an increase in wages. There appears to be a potential for a downhill
collapse. He assumes the City's current revenue will cover future revenues.
Ms. Salay stated that she has done some rough calculations of a few of the City's pay
ranges -- comparing where they were and where they appear to be moving to. If the
old number is multiplied by 1.04, which would provide a 4% average increase, the new
numbers are substantially less than where the ranges would be expected to be She
asked for clarification.
Ms. Grigsby responded that what she is looking at are the pay ranges for the different
bands. The 4% is an average for all adjustments across the City. However, some pay
ranges adjusted higher; others adjusted lower. The 4% is based upon where the
individuals currently are within the pay bands, and where the salary is desired to be
within the target area.
Mr. Harding stated that the 4% is the budget impact of all the pay increases for the
next year. The actual adjustments to the pay ranges are different, based upon the
market. Each class of jobs differs in the adjustment from time to time.
Ms. Salay stated that she was trying to understand the table and now understands that
the 4% doesn't translate into the table uniformly.
Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mr.
Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes.
INTRODUCTION/FIRST READING -ORDINANCES
Ordinance 01-09
Accepting the Annexation of 1.25+/- Acres from Perry Township to the City of
Dublin (Petitioner: BVH Associates, 6924 Riverside Drive; Agent: Michael Close,
Esq.)
Mr. Lecklider introduced the ordinance.
Mr. Gunderman stated that the property is located at the northeast corner of Riverside
Drive and Tuller Road. A veterinary clinic under expansion is located on the property.
This annexation was discussed previously with authorization of a pre-annexation
agreement and the resolution for statement of services. The petition has been approved
by Franklin County and can now be acted upon by the City. The applicant has requested
that the public hearing of the legislation be postponed to the February 17 Council meeting
because the agent will be out of town on February 2.
Mayor Chinnici-Zuercher moved to postpone the second reading/public hearing of the
ordinance to the February 17 Council meeting.
Mr. Reiner seconded the motion.
Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan,
yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes.
Ordinance 02-09
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
January 20, 2009 Page 9
Authorizing the Provision of Certain Incentives for Purposes of Retaining and
Expanding Battelle and its Operations and Workforce within the City of Dublin,
and Authorizing the Execution of an Economic Development Agreement.
Mr. Keenan introduced the ordinance.
Mr. McDaniel stated that they have been in discussions for several weeks regarding
the expansion of their facility at 5160 Blazer Parkway. An earlier economic
development agreement accompanied their initial location to Dublin in 2005. They
now desire to expand that facility by 40,000 square feet; increase its employee
number at that location from 67 to 105 by year 2012; and extend their lease in this
location an additional 10 years. The proposed agreement offers atwo-fold incentive:
(1) A 25% withholding incentive for 2009 and a 15% withholding incentive for the i
following six years, 2010-2015. The minimum aggregate payment to Battelle over that
period would be about $153,400, which is 16% of the estimated total withholdings that
the City would receive, estimated to be about $950,000 over the same period; and (2)
The City would also extend to them their ability to continue to use the City's optical i
fiber, which was included in the previous agreement. He noted a typographical error
in the memo, as the zoning is actually "OLR." The company is working with Planning
staff regarding lot coverage, parking lot, and landscaping issues. It is not yet clear if
any variances will be required.
Mr. Keenan inquired if the City's provides fiber optic to the company as part of an
economic development agreement, does that continue the length of the economic
development agreement?
Mr. McDaniel responded that the existing contract was for 20 years, but it would
terminate if they were to leave the City. In general, it would run the length of the
economic development agreement.
Mr. Keenan inquired if at the end of the economic development agreement, would the
City pursue another economic development agreement if there were merit for that, or
would the City begin to charge a fee for the fiber?
Mr. McDaniel responded that the City could try to charge a fee for the fiber. What
occurs is the City executes an "Indefeasible Rights to Use" agreement. The City
continues to own the fiber; but Battelle can use it for the term of the economic
development agreement.
Mayor Chinnici-Zuercher stated that is one of the reasons the City invested in having
the fiber - to be available for economic development purposes.
Mr. McDaniel stated that Battelle is pleased with that connectivity, and they use it
extensively.
Mayor Chinnici-Zuercher stated that last week she and Mr. McDaniel attended a press
conference at Battelle. Lt. Governor Lee Fisher attended, as well as the Mayor of
West Jefferson and Columbus Mayor Coleman. Battelle is actually making a $200
million investment in central Ohio for expansion of all three of their facilities. Dublin is
pleased to be part of that expansion, as it continues to build on Dublin's position in this
technology area.
There will be a second reading/public hearing at the February 2 Council meeting.
INTRODUCTION/PUBLIC HEARING -RESOLUTIONS
Resolution 01-09
Accepting the Lowest and Best Bid for the 2009 North Landscape Maintenance
Project.
Mr. Reiner introduced the resolution.
Mr. Hahn stated that last month, Council approved a contract for the South Landscape
Maintenance Project. This is a similar agreement for the north side of the City. Staff
recommends acceptance of the low bid, Rocky Fork..
Mayor Chinnici-Zuercher inquired if the City has worked with this company previously
or conducted reference checks.
Mr. Hahn responded that the City has not previously worked with Rocky Fork, but their
references were checked and are satisfactory.
RECORD OF PROCEEDINGS
__ __ -Minutes of Dublin City Council Meeting
January 20, 2009 Page 10
Mr. Keenan inquired where the company is located.
Mr. Reiner stated that he believes they are a New Albany business.
Mr. Keenan noted that he has received a call from one of the other bidders stating that
the City is not paying sufficient attention to oversight of contracts, and that is the
reason for the wide differential in the bids. He asked that Mr. Hahn ensure that his
staff is following through on their oversight responsibilities.
Mr. Hahn responded that staff makes a point to do so. He asked that all complaints be
directed to him and he will make sure they are addressed.
Ms. Salay inquired who the contractor is for the South Landscape Maintenance
Project.
Mr. Hahn responded that it is Peabody Landscaping.
Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner,
yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes.
Resolution 02-09
Authorizing the City Manager to Enter into a Collective Bargaining Agreement
with the Fraternal Order of Police, Ohio Labor Council Regarding Wages, Hours,
Terms and Conditions of Employment for Employees within the
Communications Technician Bargaining Unit.
Ms. Salay introduced the resolution.
Mr. Bittner, Schottenstein, Zox & Dunn, stated this contract applies to approximately
15 employees and will run from January 1, 2009 through December 31, 2011.
Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes;
Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Keenan, yes.
Resolution 03-09
Authorizing the City Manager to Execute a Contract with the Franklin County
Public Defender Commission for the Defense of Indigent Defendants.
Mr. Gerber introduced the resolution.
Ms. Grigsby stated that is a minimal contract but is necessary if there is a need to
provide any needed defense through Franklin County.
Mr. Maurer inquired what is the legal definition of an indigent person for this purpose.
Ms. Readier stated that the City is only required to provide defense for indigent ~
defendants in Franklin County Municipal Court. They would not be tried in Dublin's
Mayor's Court. There are a set of financial guidelines, which she can forward to Mr.
Maurer later.
Mayor Chinnici-Zuercher noted that Franklin County establishes those guidelines.
Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher,
yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes.
OTHER
• Update re CSAC Review of Proposed Homeowner Association Grant
Program
Ms. Crandall presented a brief overview of the proposed grant program, noting that
staff is seeking Council's input at this point. Following this review, the next step will be
to prepare draft grant application guidelines and instructions. After CSAC's next
review, final grant guidelines will be prepared for Council review and approval. This
grant program will provide some assistance to homeowner associations for completion
of improvements or beautification projects on property owned and/or maintained by
homeowner associations. It is a competitive and matching grant program. It is
envisioned that there would be one annual deadline for submission of grant i
RECORD OF PROCEEDINGS
Dublin City Council Meeting
January 20, 2009 Page 11
applications, or perhaps twice per year if available funding should remain after the first
round of grant applications. A point system would be established to rank projects. A
proposed ranking system is included in the memorandum in Council's packet. There
is a 100% match component contemplated. Twenty-five percent of that may be
contributed through volunteer hours donated by civic association members. It may
also include civic association dues/and or cash donations and in-kind donations of
supplies and services. CSAC is recommending setting aside a total grant fund of
$10,000-$15,000. The amount would be determined at the discretion of Council
during the annual operating budget process. The range of awards would be $500 -
$5,000. The final selections would be determined by Council, based on the
recommendations of the Finance Committee of Council, similar to the hotel-motel tax
grant award process.
Ms. Salay inquired if a Committee of Council would be the body evaluating the
proposals.
Vice Mayor Boring stated that the Community Development Committee might be more
appropriate, as these projects are intended to provide enhancement to the community.
This process needs to be reviewed by a body that would evaluate the total impact of
the projects on the community.
Ms. Salay agreed. The Community Development Committee would be more
appropriate as the projects would be related to zoning and beautification.
Mayor Chinnici-Zuercher suggested that staff also check the volunteer hour value. In
Ohio, it is actually less than the national value. At the Corporation for National Service
site is information specific to Ohio. She also has a question to be considered at some
point about the role of staff in the preparation and implementation of HOA projects -
the design and costs. With previous HOA projects that have come before Council for
review/approval, staff has made a significant investment of their time in assisting the
HOA with their design process. Staff time should be included in the proposal because
that is a cost to the City. Also needed is the information about maintenance
responsibility and maintenance costs of the projects, as is mentioned in staff's memo.
Another item that perhaps should be required is a copy of the actual budget for the
HOA and a demonstration of where the matching money for the grant and the
maintenance costs for the project will be paid from.
Ms. Crandall responded that one of the criteria is "demonstration of available funds,"
and under "Budget," they are asked to provide specific numbers. However, more
detail/clarification of this category could be added.
Mayor Chinnici-Zuercher agreed. It should be clarified that it is not a budget for the
project that is requested, but a copy of the HOA's budget that would reflect how they
would ultimately pay for the project.
Mr. Keenan noted that on page one, second from last bullet point, "All work must meet
City of Dublin zoning requirements." Previous discussion related to HOA projects has
addressed water taps for sprinkler systems -are those addressed? Also, how are
permit fees addressed?
Ms. Salay responded that she assumes the grant application would be intended to
cover potential permit fees.
Ms. Grigsby responded that was part of the last cost study update. It included a chart
that looked at the types of fees that would be waived, and those, such as water taps,
that would not be waived.
Mr. Keenan stated that the grant awards are to range from $500-$1,000, but the water
tap fee alone would exceed that. He wants the expectations to be understood.
Vice Mayor Boring stated that issue would probably be addressed under "Project
Planning."
Ms. Salay referred to the Mayor's earlier comment about staff time invested to help the
HOAs plan their improvements. If an HOA approaches the City Planning Department
requesting information on how to go about a planning a deck, what is the average
amount of time a staff person would spend with that homeowner? Are they advised to
hire a professional to develop the plan, or can the homeowner sketch their own design
RECORD OF PROCEEDINGS
Minutes of Dublin City Council
January 20, 2009 Page 12
in compliance with City guidelines? She assumes whatever assistance is provided an
individual homeowner, similar assistance would be provided to the HOA.
Mr. Langworthy responded that Planning staff would not tell a homeowner how to build
a deck or what construction standards are. City staff would deal primarily with the
required setbacks and whatever development text would apply. If the individual were
to additionally seek Building and Engineering staff assistance, staff time could
accumulate to a significant amount.
Ms. Salay inquired if that is the typical expectation of City staff.
Mr. Langworthy responded that it is the typical assistance provided to the individual
homeowner or their contractor.
Mr. Lecklider stated that in order for this program to be meaningful, he doesn't want to
have so many potential obstacles raised that HOAs are not going to take advantage of
this program. He assumes that if Council intends to approve and fund this program, it
is also Council's intention to actually see the funds used for the purposes described
therein. He agrees, however, that it is important to make the expectations clear from
the outset. He believes his position has been clear that it is consistent with Council's
goals and objectives to assist the neighborhood organizations in a helpful manner.
Ms. Salay noted that was also her point -that government is here to help and serve,
and if the neighborhoods are interested in improving their entrances or improving the
land around their neighborhood, that ongoing maintenance will benefit the City as it
ages.
Mayor Chinnici-Zuercher clarified that she shares this view as well. However, her
question is -what will $10,000 achieve? The City has many homeowner associations.
Therefore, what is the additional criteria which would limit the pool? Would it be
homeowner associations that have less than a certain number of homes within their
association, and therefore less revenue through association dues? Or is it HOAs that
do not charge for certain items, although they do charge for others, because they take
care of these types of projects themselves? Those are the subjective things that have
raised this issue to Council, and those are the reasons HOAs have requested financial
assistance from the City. However, this is not a sufficient amount of money to handle
all HOA requests. It would not be enough for water tap fees alone.
Ms. Crandall responded that in any one year, only a few applications would result in
grant awards. Over time, an accumulated number of HOAs would have received
grants.
Ms. Grigsby stated that this is a program that would be evaluated annually during the
budget process. Initially, a set amount will be appropriated. Thereafter, the funding
will depend upon the type of applications received and the financial resources
available.
Vice Mayor Boring stated that this is a grant program. That doesn't mean that the
HOA will receive 100 percent or even 50 percent of their request. A grant program is
a tool in which the City can express interest and participate. In looking at what other
cities are doing, this amount seems appropriate.
Mr. Lecklider responded that is a good point. With the two requests in his ward, which
were not approved by Council, the HOAs were paying a significantly larger amount for
the projects than the amount of their grant requests.
Vice Mayor Boring stated that including the match component is a good idea, but the
language needs to clarify that the City may choose not to fund 50% of the request or
perhaps not at all.
Ms. Salay noted that there are some older neighborhoods that may need this type of
assistance for projects, but they do not have a "forced and funded" association. They
are dependent upon the volunteer participation of their neighborhoods. But they would
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
January 20, 2009 Page 13
have the opportunity to enlist the participation of their neighborhood for a certain
volunteer commitment to a project and submit a grant request for financial assistance.
Mr. Reiner stated that he agrees with Ms. Grigsby's plan to budget the amount stated
for the initial grant year, then evaluate the number and type of requests received and
the amount of staff time invested in assisting the HOAs. He would like to see the City
ease into the program minimally at the outset. He does have a concern about the
effect of the program. Will it result in essentially a bigger government in Dublin? Will
HOAS try to abdicate their responsibilities and ask the City to bear the expense of
their neighborhood improvements?
Vice Mayor Boring inquired if the points range from one to five.
Ms. Crandall responded that is correct - it is a range from 0 - 5 five points.
Mayor Chinnici-Zuercher requested that the actual grant language be consistent with
that. When only a singular number is given, the implication is that an automatic reply
to that question would result in that amount.
Vice Mayor Boring inquired if, during staff's research, they had actually discussed the
issue with their contact(s) -for instance, the City of Cary, North Carolina. Did they
have a maximum budget amount for their annual grant fund?
Ms. Crandall responded that the information was collected via email, and she is not
certain of the extent of the information obtained. However, they could request that
information. She also noted that the City sent out an email today to homeowner
association presidents inviting them to a meeting at the Service Complex on February
4th at 6:30 p.m. to determine interest in forming a landscaping consortium. If there is
sufficient interest in forming a consortium, that would provide the HOAs a vehicle for
addressing landscaping needs and costs.
Wallace Maurer, 7451 Dublin Road stated that in this City, people are living in an
illusory "bubble," and a titanic, global economic storm is going to hit the City. It seems
that the discussion tonight is about absolute unrealities -discussing how to make our
properties more pleasant looking, when the norm of the day is turning out to be
foreclosures and loss of jobs, a real downward movement. No one appears to have
grasped that reality. If Council wants to get some sense of it from an economist who
sees this coming, read Paul Kruegman. The nation's new president has stated that he
will try to tackle it, but he has warned that he cannot do this alone. If Council
continues to talk about tens of thousands of dollars for people demanding that kind of
help, everyone one of us is apt to lose every cent. This planet is in trouble. On the
one hand, it seems good to keep on going the same as usual until the storm hits. It
might be safer and healthier for Dublin to do what it is currently able to do, but the
norm for most is closer to that in Columbus. Columbus has tremendous wealth but
also tremendous poverty, and Mayor Coleman has said that he is going to cut back on
government and on City services. They are closer to the norm than Dublin is, and
Dublin citizens should realize that they are living in a phony bubble.
• Recommendation from PRAC re the Structure and Organization of Youth
Soccer
Mr. Earman stated Council's packet included the Parks and Recreation Advisory
Council's (PRAC) recommendation for City youth organizations. At the April 21, 2008
Council meeting, Council requested a final recommendation from PRAC by the end of
the year. Due to the cancellation of the last Council meeting, this is the first
opportunity to present PRAC's recommendation to Council. This recommendation
reflects several months of work. During that time, staff dealt with many issues related
to the youth soccer organizations. PRAC did an outstanding job. They dedicated
themselves to understanding the details and issues of the organizations. There has
also been a major shift in the soccer organization relationships, and the improved
communications between those groups have been paramount in helping to develop
these recommendations. The recommendations before Council have the support of all
soccer organizations, PRAC and City staff.
The recommendations are as follows:
RECORD OF PROCEEDINGS
Minutes of Dublin_ City Council Meeting
January 20, 2009
Page 14
20
-~.~-
Recommendation #1: Structure the Dublin Soccer League (DSL) Board to be
comprised of eight voting members (currently there are five) to include representation
from the other three organizations (Team Ohio Football Club, Ohio Premier and Dublin
Middle Tier Soccer Organization) in order to establish input from the entire soccer
community. Each of the eight voting members shall have one vote on all motions
brought before the DSL Board. Each member must be a Dublin City or Dublin School
District resident.
Vice Mayor Boring stated that she believed DSL to be completely independent of the
City. How does Council have the authority to dictate their structure, bylaws or
anything else?
Mr. Earman responded that these are basically holistic recommendations for the entire
structure of the organizations. One of the issues is understanding that the board
structure of DSL has slighted input from the other organizations. Whether Council
needs to vote in regard to that recommendation, or allow the DSL Board to make that
decision will be addressed in a later recommendation.
Recommendation #2: Modify DSL bylaws to conduct elections of the recreation
members of the DSL Board in the latter part of the spring soccer season after drafts
are completed by the other organizations. This will avoid eligibility conflicts and create
more consistency on the DSL Board. In the event conflicts arise later in the season,
the bylaws should also permit any elected Board member who becomes ineligible (due
to a child no longer participating in the DSL program) to serve through the end of his
or her term, depending on what is in the best interest of the program.
Recommendation #3: Decisions relating to the services provided by the soccer
organizations should be made at the soccer organization level. The Agreement with
DSL should reinforce the expectation that the DSL Board will preside over political
decisions regarding youth soccer and ensure a balance is maintained among the
various levels of play within the City of Dublin. DSL Board understands that general
recreation is the City's top priority, although a significant and growing number of
Dublin youth are choosing to participate in more competitive travel soccer clubs
(currently about 35%). Decisions made at the DSL Board level involving modifications
to the structure or services shall be communicated to PRAC via an annual report from
DSL. Any necessary updates of actions taken throughout the year will be made
available through updates to PRAC by the Director of Recreation Services.
Recommendation #4: A subcommittee of the DSL Boards shall be created for the
purpose of hearing and discussing all sides of multi-level issues that arise. This
subcommittee shall be chaired by a member of the DSL Board and consist of
representatives from all the other organizations, including the City's Director of
Recreation Services. This subcommittee will be responsible for making
recommendations for changes to the DSL Board for a formal vote of approval.
Any non-recreation issues introduced at or to the DSL Board which are not directly
related to the recreation program should be tabled and discussed at the next available
subcommittee meeting. All subcommittee meetings should be conducted at least
quarterly or as deemed necessary by the DSL Board. Subcommittee meetings should
be open to the public, documented and records kept for future reference.
Recommendations submitted to the DSL Board by this subcommittee will be resolved
through a formal vote by the DSL Board.
Ms. Salay thanked staff and the soccer organizations for their leadership.
Ms. Salay moved to direct staff to work with the Legal department on this item.
Mr. Lecklider seconded the motion.
Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor
Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes.
RECORD OF PROCEEDINGS
.Dublin City_Council _ _ Meeting
January 20, 2009 Page 15
• Recommendation from PRAC re DCRC Hours of Operation
Mr. Earman stated that there has been a significant amount of discussion at recent
PRAC meetings regarding a petition from citizens to increase the Sunday hours at the
Dublin Community Recreation Center (DCRC) by four hours, to open from 8 a.m. - 8
p.m. The current hours of operation are noon to 8 p.m. There would be budget and
staffing impacts involved in meeting this request. However, in view of the number of
patrons interested, staff believes the request should be explored. Joe Miragliotta, who
accumulated more than 500 DCRC patron signatures on this petition, is present
tonight to speak to Council on their behalf.
Vice Mayor Boring stated that the City cannot be everything to everybody, and the City
is not for profit. She has several points to make:
1. The DCRC rates are extremely reasonable. To make this change could mean
an increase in the membership fees.
2. DCRC staff require some time off. The service to be provided by DCRC staff
during those four hours does not fall within the category of "emergency" service
that the City provides the public during those hours, such as police or snow
removal. It is not a reasonable request to ask the City to employ that many
people on Sunday mornings for anon-emergency service.
3. The DCRC facility is already operated seven days a week for the public. If it
would be more convenient for some citizens to use the DCRC facilities earlier
on Sunday, perhaps this is not the best facility for them. She doubts that there I
would actually be 500 people using the facility during the 8 a.m. -noon time
slot.
4. The faith community is a very important fabric of the community. They are very
important to the City, and it is wrong to begin to think about interfering with
those special times. The argument offered that people are able to go to church
on Saturday evenings can be countered with the argument that people can also
use the DCRC facility at 1 p.m.
Again, the City does not need to "be everything to everybody." It is better for the City
to find its best niche. She believes it is important for the City to be good financial
stewards and maintain priorities.
Ms. Salay stated that while she might agree that the DCRC needs to be closed some '
hours, she thinks it is important not to talk about a faith community. Although many
people with the Christian faith worship on Sunday mornings, this is a very diverse
community with many other faiths represented. Some observe their Sabbath on
Saturday and some on Friday evenings. Council does not want to support one religion
over another or give a particular religion time preference. She would prefer to have
that argument removed. Initially, there was also some protest about having youth
activities on Sundays. This is a government, and that portion of the argument needs
to be kept out of the equation. II
Vice Mayor Boring responded that she will honor Ms. Salay's decision not to consider
it in her evaluation of the request. However, she will not remove it from her own
consideration, as it is an important argument. She considers what Dublin has with its
faith community very important, and it is important to respect that. In regard to
honoring everyone's faith, she requests that if the hours are added, that the DCRC
employees who request not to work those hours not be penalized in any way.
Additionally, Council has previously talked about the value of setting aside and
honoring family time. Adding the additional hours would certainly impact City
employees who would be required to give up that time with their families to work.
Mr. Gerber inquired how the 500 names were gathered.
The Mayor requested that Mr. Miragliotta provide an explanation of how he obtained
the signatures.
Joe Miragliotta, 6373 Oison Ct., stated that he has been a Dublin resident for 20 years
and a charter member of the DCRC. He obtained 516 signatures; 25-30 people
declined to sign, or about 5 percent.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
January 20, 2009 Page 16
Mr. Gerber inquired how he proceeded to obtain the signatures.
Mr. Miragliotta responded that a couple of years ago, another resident, Tim Mills,
generated a petition to open the Rec Center earlier Monday-Friday. Mr. Mills emailed
a copy of that document to him, and he changed a couple of words. Then, he walked
through the Rec Center in the mornings for two to three weeks and asked patrons for
their support for a petition to open the Rec Center a couple of hours earlier on Sunday
mornings. He obtained the signatures on the workout floor at the Rec Center.
Ms. Salay inquired on what days he collected names.
Mr. Miragliotta responded that he collected names primarily Mondays through Fridays,
although he was there on a Saturday and a Sunday.
Mr. Miragliotta stated that, nationally, a significant number of people prefer to work out ~
in the mornings. He does not want to work out at noon. There is a group of people
who may not mind working out at noon, but cannot, due to family activities. There is a
broad subsection of DCRC patrons whose needs are not being met. Of those people
who declined to sign his petition, 3 had corporate memberships only. The remainder
of the responses were either that they do not work out on Sundays, thought no one
should work out on Sundays, or thought everyone should be at church on Sunday
mornings. So there were faith-based refusals. There were also many who said the
additional hours would not affect their family, as they would still go to church. In
regard to Ms. Salay's comment, there is a significant Indian and Asian population at
the Rec Center, and they worship at a different time.
Ms. Salay stated that adding earlier Sunday hours does not mean that people cannot
continue to go to church, if they so desire. Anyone who wants to go to church on
Sunday morning can continue to do so.
Mr. Keenan stated that PRAC evaluated this issue thoroughly before forwarding a
recommendation to Council_ There was extensive dialogue which covered all the
issues. Their recommendation was 7-2 to increase the hours, which means he will
support their recommendation.
Mr. Gerber stated that he concurs. A petition with five hundred signatures warrants
consideration.
Mayor Chinnici-Zuercher agreed. However, based upon PRAC's review and
recommendation, she didn't understand staff's recommendation. It doesn't seem
necessary for the facility to be open 8 a.m. to 8 p.m. The petition only requested
additional morning hours. Perhaps other hours could be reduced, thereby keeping the
total number of hours the same. The facility could be open 10:00 a.m. to 6:00 p.m. or
8:00 a.m. to 5:00 p.m. It seems an assumption was made that the facility would have
to be open 12 hours. All wellness reports she has read have indicated that the
maximum value of cardiovascular workouts is achieved if the exercise occurs in the
morning.
Mr. Keenan responded that the background information provided indicates there are
issues regarding the current programming on Sunday, and that was part of the
rationale for assuming the need would be for an additional four hours. The cost
projections for the additional hours are not that great. PRAC's recommendation was
to increase the hours on a trial basis. If a six-month trial does not show sufficient use
during those hours, the expanded hours could be reconsidered.
Ms. Grigsby stated that staff has also discussed that there are other issues regarding
services that may need to be expanded or modified. There was a concern about this
issue being considered separately and not in conjunction with the other potential
issues. There was discussion about modifying the hours rather than extending the
hours. There was a previous occasion on which DCRC hours were slightly modified in
order to better accommodate corporate memberships. All this information is being
looked at to ensure that the best decision is being made for recreation services over
all.
RECORD OF PROCEEDINGS
Minutes of .Dublin Ci#y_Council _ Meeting
January 20, 2009 Page 17
Mayor Chinnici-Zuercher stated that it should not take 12 months to determine that.
Council rarely receives petitions with such a large number of signatures, even though
all of those who signed may not use the additional four hours. She concurs with the
recommendation fora 6-month trial period. The revised hours would need to be
advertised for the public to be aware of the change in policy. If the trial period reveals
that the primary use has moved to the earlier hours, and use of the facilities has
diminished in the evening, the Recreation Center could close earlier in the evening.
She would be concerned about taking a whole year to evaluate the priority of this
issue versus anything else that is in the master plan.
Ms. Grigsby suggested that staff bring back a revised proposal at the next Council
meeting. Staff will look at some of the other recreational services and then be
prepared to recommend another time frame.
Mayor Chinnici-Zuercher stated that she is personally in favor of implementing this
change in 2009.
Mr. Lecklider responded that Council needs to allow staff time, perhaps 30 days, to
develop a proposed plan. This isn't something they can implement in a short time
frame.
Mayor Chinnici-Zuercher responded that would be expected. It may be necessary to
hire additional people, or at a minimum, adjust work schedules.
Vice Mayor Boring inquired if consideration will be given to DCRC employees who
object to working the 8 a.m. to noon hours on Sunday.
Mayor Chinnici-Zuercher inquired why consideration would be given to those hours
when consideration is not given to any other schedule.
Vice Mayor Boring responded that the employees were hired with that understanding.
Mr. Keenan inquired when staff would be able to provide a recommendation.
Ms. Grigsby responded that staff would attempt to have a recommendation prepared
for the next Council meeting, but at a minimum, would have an update regarding their
efforts.
Mr. Lecklider inquired if Council's intent is to commit to being open at 8:00 a.m., or is
there some flexibility in the proposed hours. He is a member of a health club that
opens a little later on the weekend than during the week. Would staff have some
flexibility in the hours they could propose -- for instance, to open at 9, not 8 a.m.?
Mr. Reiner suggested that staff be permitted to make a suggestion for the hours. Staff
will look at the competition's hours. Some facilities open as early as 5 a.m. and some
facilities close earlier on Sundays.
Mayor Chinnici-Zuercher stated that she could see a deviation of perhaps an hour, but
opening at 10:00 or 11:00 a.m. would defeat the purpose.
Mr. Lecklider responded that the direction to staff would be that the revised start time
should be 8:00 a.m.
Mr. Gerber added that the start time could be stipulated as 8 a.m., but there could be
some flexibility for staff in determining the closing time.
Mr. Miragliotta stated that when he was collecting petition signatures, he received
several requests that the Recreation Center open earlier than 8 a.m. on Saturdays.
He believes 8 a.m. is the latest that many of these individuals want to work out; a later
start time than that on Sunday would not satisfy them. In regard to a trial period, he
started his petition process in October 2008, and it is just now being discussed at a
February 2009 Council meeting. If a trial period will be run, it should not take place
during the summer months, as many people choose outdoor activities then. It would
be better to run a trial period soon, before late spring.
Mayor Chinnici-Zuercher inquired what staff would be providing for the next Council
meeting.
Ms. Grigsby stated that staff would provide a report with available information at that
time and a staff recommendation.
RECORD OF PROCEEDINGS
Minutes of .Dublin City Council _ Meeti_nQ
January 20, 2009 Page 18
Mr. Keenan inquired if the report would include a timeline for implementation.
Ms. Grigsby responded that staff would look at that.
• Fee Waiver Request -Washington Township
Ms. Grigsby stated that a letter from Washington Township was provided with the
packet materials. As part of their renovations, fire suppression systems will be
included at Fire Stations 91 and 93. In the past, when Washington Township has
renovated facilities, they have requested fee waivers of the City's capacity charges
associated with water tap permits. In this instance, the capacity fee is for afour-inch
tap at 20 percent or $8,531.20 per location for a total fee waiver request of
$17,062.40. Consistent with past recommendations, staff recommends that the waiver
be approved.
Mr. Keenan moved to approve the fee waiver request.
Ms. Salay seconded the motion.
Vote on the motion: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor
Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes.
STAFF COMMENTS
• BriHi Project Update
Ms. Grigsby stated that a project update was provided with information regarding the
additional costs related to utility burial and the water walls. A recommendation was
also provided regarding how to meet that shortfall. Mr. Hahn will provide a staff
update.
Mr. Hahn stated that the plans are completed for the public portion of the BriHi Square
project: the main plaza area, utility burial and the water wall/lower plaza. Based on
the contract for the main plaza and the construction proposals received for the utility
burial and the water wall/lower plaza, there is a budget shortfall of approximately
$770,000. Staff has identified potential funding and strategies to provide for the
additional monies needed, and those have been outlined in staff's memo.
Mayor Chinnici-Zuercher stated that she did not anticipate this situation. Council has
asked about this issue and was repeatedly assured that the numbers were accurate.
This is a significant difference.
Ms. Grigsby stated that staff has mentioned earlier with regard to utility burial that
there is significant limestone in this area, and best estimates were made based on
other projects in the area. At that time, staff also did not know the location of all the
utility lines in that area. Now that the location of those utilities is known, it is evident
that it will be necessary to bury the lines lower than those utilities. That means digging
deeper into the rock. Fifty percent of the additional cost is related to utility burial.
Although there was an option not to bury the utilities, it is Council's policy to bury
utilities where possible. This is a project where it must be done at this point, or it
probably won't be possible.
Mayor Chinnici-Zuercher stated that because it is Council's policy to bury utilities
where possible, there really isn't a need for discussion.
Mayor Chinnici-Zuercher moved to approve the additional funding of $770,000 for the
project.
Mr. Keenan seconded the motion.
Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor
Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes.
• National Church Residences
Ms. Grigsby noted that a letter from National Church Residences (NCR) was included in
packets, which provides information staff requested. At a meeting with NCR in mid
December, staff requested that NCR provide more specifics regarding the City
participation they believed would be necessary for the project to move forward. Staff has
not yet been able to evaluate all the issues; however, one item she would like to mention
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
January 20, 2009 Page 19
specifically is the request for a real estate tax abatement. As NCR mentioned previously,
this is something that they have utilized in many other communities in which they are
located. However, it is something different than the City of Dublin typically does. Staff
requests Council's input. Is this something Council wants to pursue, or should staff look at
other options?
Mr. Gerber stated that he recalls the earlier discussion, and he does not have an objection
to real estate tax abatement.
Mayor Chinnici-Zuercher stated that she does have a question about the Planning and
Zoning architectural enhancements estimated to cost $800,000.
Ms. Grigsby responded that NCR has estimated an amount assuming that the City will
require different materials that they don't normally use on their buildings, as well as
additional landscaping and Code requirements.
Mr. Gerber inquired if they arrived at the estimate based on similar PUDs or in reviewing
the City's Code.
Ms. Grigsby responded that it was based on both considerations.
Mr. Keenan noted that it is identified as architectural enhancements.
Ms. Grigsby responded that it primarily reflects a concern about the materials the City will
require.
Mr. Keenan noted that density was also mentioned. Was that factor included in the
$800,000?
Ms. Grigsby responded that they project the total anticipated revenues. Lower densities
would mean lower revenue.
Vice Mayor Boring stated that she has a concern with the City doing a tax abatement.
Has the City done these previously?
Ms. Grigsby responded that the City has done them in very limited circumstances. The
City has one in the Tuttle Crossing area, and there were two previous abatements that
were site specific.
Vice Mayor Boring stated that she would prefer that the City identify an option other than
tax abatements.
Ms. Grigsby stated that what distinguishes this development is the fact that Council has
previously discussed this as something the community needs -affordable housing for
senior citizens. It is a way for the overall community to participate, as it would also impact
the township and school district's revenues; everyone would benefit.
Mr. Gerber noted that this is what was originally presented to the City.
Ms. Salay stated that they also indicated that their density would be higher than the Dublin
norm, but the trade-off would be affordable housing needed for senior citizens in the
Dublin community.
Vice Mayor Boring stated that there are other creative ways to do this. She totally agrees
that it should be a cooperative effort among all the real estate tax recipients. She wants to
ensure that the agreement clarifies that it is a benefit for the community, that it is not
handled similarly to the Llewellyn Farms area abatement.
Mayor Chinnici-Zuercher inquired if this is $2.5 million cumulative.
Ms. Grigsby responded that it is. Regarding the $875,000 for the acquisition for phase 2,
if the City were to do what NCR has proposed, the City's investment would be returned
when NCR does phase 2. They need to reserve the land, but they don't have the funds
needed to do so upfront.
Mr. Phillabaum noted that NCR has estimated on the high side with respect to architecture
and landscaping costs. Staff received their rezoning application today, so those items are
subject to change as the application moves through the P&Z approval process. They may
be estimating a higher proportion of brick and stone than they typically use.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
January 20, 2009 Page 20
Mr. Gerber noted that NCR's concept plan was recently reviewed by the Planning
Commission. Was a drawing provided? Was an opinion expressed by the Commission
regarding the architectural materials, such as brick should be added?
Mr. Phillabaum responded that nothing that specific was offered. The general comment
was made that this project would be at a gateway area of the City - at the southern
corporation limit on Avery Road. The Commission expressed the desire for a signature
building in that location.
Mr. Keenan asked about setbacks.
Mr. Phillabaum responded that it would be set back 100 feet off the right-of-way.
Mr. Gerber responded that during the time he served on the Planning Commission, they
received two or three applications for that site, which was considered part of the gateway.
Ms. Salay stated that perhaps Council has not adequately communicated to Planning staff
Council's ultimate goal with the National Church Residences project, which is the
partnership that was discussed in a previous study session. Council and staff took a tour
of another NCR facility several months ago. One of the buildings was old, but the other
was new, not yet occupied. Everyone was impressed by the quality of the construction
and the fact that all natural materials were used. There was discussion about the ability to
further enhance that product with landscaping, which the City could potentially help with.
There are different ways to accomplish a signature building or a great "look" and balance
that with the City's desire to have an affordable senior housing project in the community.
This is an urgent need, and she encourages the City Manager and staff to continue to
work creatively and collaboratively with NCR. This is an argument in support of having a
Council member also serve on the Planning Commission - to maintain a necessary level
of communication between Council and the Planning Commission.
Mr. Gerber stated that he agrees that this type of project is needed in Dublin, and it is
important to do what is necessary to make that happen.
COUNCIL ROUNDTABLEICOUNCIL COMMITTEE REPORTS
Vice Mayor Boring, Administrative Committee chair, reported that the committee met at
5:30 p.m. preceding this Council meeting to continue their study related to updating the
City's campaign finance legislation. The committee has discussed the topic in great detail,
and the Legal Department has prepared draft legislation. That legislation will be further
modified to reflect the committee's additional recommendations earlier tonight and will be
scheduled for Council's consideration on the February 2 Council agenda.
Mayor Chinnici-Zuercher stated that Mr. Reiner, Public Services Committee chair, has
indicated a need for that committee to meet to discuss issues related to community
events. She requested the committee's date preferences.
Mr. Reiner noted that a meeting of the Public Services Committee is scheduled for
Wednesday, February 18 at 6 p.m.
Mayor Chinnici-Zuercher noted that the Finance Committee will meet at 6:00 p.m. on April
20 for an investment advisory update.
Vice Mayor Boring, committee member, indicated she would be out of town that day.
Mayor Chinnici-Zuercher requested that the Finance Committee advise Council of the new
date, when determined.
Mayor Chinnici-Zuercher stated that the Leadership Dublin dinner with Council is
scheduled for 5:30 p.m. on February 4 at City Hall.
Mayor Chinnici-Zuercher noted that Council's goal-setting is tentatively scheduled for
Friday, April 3.
Mr. Lecklider stated that he was not present when that date was suggested. That is the
beginning of Spring Break for his family.
Mr. Gerber noted that he had indicated previously that he could not meet on Friday, March
6. There has been a change in his schedule, and he could meet on that date.
Ms. Salay stated that the new City Manager would be starting immediately before then, so
that date seems a little early.
RECORD OF PROCEEDINGS
Minutes of _ Dublin City Council _ Meeti~
January 20, 2009 Page 21
Mr. Lecklider stated that Council's goal setting meetings have traditionally been held early
in the year. At one time, there was some discussion about having goal setting before the
budget discussions.
Mayor Chinnici-Zuercher responded that is the reason goal setting has been held in the
first quarter of the year. When Council has identified its goals for the following year, staff
is then able to begin work on the budget for the following year.
Mr. Lecklider inquired if anyone recalls anything additional about that earlier discussion.
Mr. Grigsby responded that the original plan for Council goal settings was to hold them in
the first quarter of the year, recognizing that staff is then able to start the CIP and budget
processes, which look forward to future years. However, there has been discussion about
having, in addition to the first quarter goal setting meeting, afollow-up meeting later in the
year. She does not recall if that follow-up meeting was also to be related to budget, but it
was suggested as an opportunity to discuss the status of the goals that were set.
Mayor Chinnici-Zuercher noted that it would be difficult for a new City manager to
contribute to a goal setting meeting held this spring.
Ms. Grigsby stated that there has not been much change in direction related to the capital
budget that staff is not familiar with or does not understand in terms of Council's desire
regarding projects that should be incorporated in the CIP. Therefore, if the meeting were
held later this year, it would not impact staff to the point that budgets could not be
completed.
Mayor Chinnici-Zuercher suggested that Ms. Grigsby forward a couple of suggested dates
to Council for consideration.
Vice Mayor Boring suggested that goal setting be held in May.
Mr. Gerber responded that he feels that would be too late in the year.
Mr. Gerber stated that he has discussed with Mr. Hammersmith and Mr. Hahn a recent
problem with street flooding following heavy rains just south of the corner of Waterford and
Monterey Drive. He inquired if staff has had an opportunity to evaluate that situation.
Mr. Hammersmith responded that staff did so and found a low spot in the street that does
not drain correctly. That will be remedied with the stormwater maintenance work this year.
Staff appreciates having that situation brought to their attention.
Mr. Gerber thanked staff for following up so quickly.
Mr. Keenan reported that:
1. Ms. Grigsby, Mr. Hammersmith and he recently attended a retirement party for
Union County Engineer Steve Stolte.
2. There have been three or four recent occurrences of youth vandalism in several
neighborhoods. The youth are using hammers to knock out windows in cars,
causing extensive damage, and they are leaving the hammers, and in one case,
an ax, in the cars. This is an expression of rage. In two cases, the automobiles
were inside open garages. Two of the incidents occurred around 10:00 p.m. He
inquired if the additional act of entering the garage increases the seriousness of
that crime.
Ms. Readler responded that it would be considered an act of breaking and entering.
Mr. Keenan noted that in one case the automobile was a convertible. The entire top had
to be replaced, and the total cost was over $3,000. Is the amount of damages factored
into the crime level?
Ms. Readler responded that there are felonies associated with different damage amounts.
Mr. Keenan inquired if it would be possible for the Police Division to provide some
education at the schools about the more serious level of the crime when it occurs within a
garage. Being convicted of that level of crime could seriously impact a student's life.
Ms. Salay inquired if the tools are left behind and if the suspects were wearing gloves.
How sophisticated were their efforts?
Mr. Keenan stated that nothing was stolen. The acts are reminiscent of "rites of passage"
for gangs.
Mayor Chinnici-Zuercher stated that when there is something like this occurring within the
community, it would be helpful to receive an email from the Police division making Council
aware of such occurrences.
RECORD OF PROCEEDINGS
Minutes of Dublin Cty_Council Meeting
January 20, 2009 Page 22
Ms. Salay suggested that additional Police resources be devoted, probably undercover, in
the areas where these acts are occurring.
Ms. Salay:
1. Stated that Council received in their packets an update from Dublin Arts Council
(DAC}. At the last Council meeting, Vice Mayor Boring made a recommendation
that the City acquire the remaining Titration sculptures with hotel-motel tax funds.
DAC has provided cost quotes. As Council's representative to the Dublin Arts
Council, she would like to share Council's intentions with the DAC Board, once
those are decided.
Vice Mayor Boring inquired staff's findings regarding the funds and their recommendation.
Ms. Grigsby responded that $200,000 for bed tax grants to outside organizations has been
programmed in the 2009 Operating Budget. Approximately $70,000+ has already been
allocated. One option is to use the remaining dollars for the art acquisition, if that is
Council's preference. In that case, no additional grant applications would be accepted or
awarded this year.
Mr. Keenan noted that those monies are designated for a limited category of "cultural
enhancement, beautification special projects or special events." This is a use that
complies with the criteria.
Vice Mayor Boring stated that if the City purchases only one item from each portion of the
exhibit, that diminishes the total effect; so she would be interested in acquiring all the
pieces. She believes this would be a wise investment for the hotel-motel tax funds. It has
been some time since these funds were spent specifically for a beautification project.
Vice Mayor Boring moved to purchase the remainder of the Titration 2: Park Fiction exhibit
at a cost of $98,965 using hotel-motel tax funds.
Ms. Salay seconded the motion.
Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice
Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes.
2. Inquired if City Council could receive copies of the information packets that the City
Manager candidates received. That information contained a succinct summary
that she would like to have on hand.
Ms. Puskarcik inquired if Council members wanted the complete packet or the list of what
was contained in the packet.
Vice Mayor Boring and Ms. Salay requested the list. If additional information is needed,
they can request it.
Ms. Puskarcik responded that the information would be provided the following day.
the ground in the fall.
Mr. Reiner responded that the tree would be a Locust tree that has reverted to its primitive
state.
Mr. Lecklider stated that he wants to make sure that this species is no longer being
planted as a street tree. He has complained about these trees for years. They create a
mess and lead to street flooding. Following the rains in early December, the streets in
Sheffield Meadows were flooded to a depth of 4-5 inches. It was necessary for street
crews to come out and clear tree debris from the drains. It doesn't make sense to plant a
street tree that creates a need for staff to later go out to clear the drains on those streets.
Mr. Lecklider:
1. Requested assistance in identifying the species of a street tree in Wyndham
Village. The tree, which is located on Wynford Drive extending into Sheffield
Meadows, has a large, brown pod, that can be up to 10 inches long, that falls to
Mr. Hahn responded that the Honey Locust have been the second most planted street tree
in Dublin, Ash being the first. Everyone is aware of the current concerns regarding the
Ash tree. The reason the Locusts were planted so heavily is that they can handle an
urban environment and survive. However, by design, they aren't supposed to have the
fruit pods.
Mr. Reiner stated that the way to help mitigate that problem is to guarantee that the
supplier uses hybrid materials. Many of the contractors to meet their low bid prices will
RECORD OF PROCEEDINGS
Minutes of _ Dublin City Council Meeting
January 20, 2009
Page 23
buy trees from Tennessee, where they are not hybridized; they are obtaining the old
variety that has pods. Grafted trees with old root stock are hybridized and don't create
pods. The City needs to ensure that suppliers are bringing the correct material into the
City. Dublin once had a law, which seems to have been eliminated in the past 10 years,
that required the City to buy nursery stock from northern-grown, reputable suppliers.
Mr. Hahn stated that the City still has a stipulation for like zones of origin for plant
materials, but whether incorrect locusts are coming in now, he cannot say.
Mr. Lecklider noted that these are mature trees.
Mr. Hahn responded that he cannot assure Council that the trees planted last year won't
have pods in the future. Staff is very cautious to eliminate any tree from the City's
approved street tree list because only certain trees do well in this environment. Since the
City has lost the Ash tree option, it will be difficult to lose another option. He isn't that
knowledgeable about the particulars of this issue, but he will investigate it and provide a
report to Council.
2. Inquired if in his memo in Council packets, Mr. McDaniel was making a
recommendation for transmission of Council meetings via different cable networks
in addition to Time Warner.
Mr. McDaniel responded that he is making that recommendation and has provided the
costs for connection to the other two cable companies. The cost of streaming video is
already in the budget, but the cost for connection to the other companies was not. If
Council desires staff to move forward on the connections, he will discuss available funding
options with Ms. Grigsby. They may need to come back to Council with an appropriation
request.
Mr. Lecklider stated that he did not want to miss this opportunity, but it can be discussed
at the next Council meeting.
Mayor Chinnici-Zuercher stated that the cost would be $30,000/year. Why do they charge
a fee when Time Warner does not?
Mr. McDaniel responded that under the new law, they are not required to provide these
services, but Time Warner continues to provide it, as they have done for several years.
As a result of franchise agreements, the other two companies are in the process of
deploying but are not fully deployed throughout the City. The costs provided in the memo
include gone-time start-up cost related to purchasing necessary equipment for WOW! and
an annual cost of about $6,500 per year for AT&T service.
Mayor Chinnici-Zuercher stated that there is a possibility that the other two companies will
respond that if the City is willing to pay one company, the City can pay them as well.
Mr. McDaniel agreed there is that possibility.
Greg Dunn, Schottenstein, Zox and Dunn, stated that the recent law removed the City's
franchise authority and gave it to the state. Time Warner was already connected to the
City and has not taken steps to remove it. To be connected to the other two companies,
the City is now required to reach out to them, rather than the reverse, and the City must
bear the cost of connections. To further complicate the issue, AT&T will put the public
access channel on demand. Previously, the City could specify which channel it would be
put on. It will now be an "on demand" product. On the other hand, WOW! will be a straight
video connection, similar to Time Warner's.
Mayor Chinnici-Zuercher inquired the percentage of the community that have each of the
network connections.
Mr. Dunn responded that AT&T has 500 connections or less. Time Warner has 10,000
customers, and WOW has 1,000+. The City would be paying a lot of money to provide the
PEG channel to AT&T. Streaming video from the City's own Internet connection would
provide the same quality transmission as TV, although it can be accessed only at the
City's web site.
Mr. Lecklider responded that with only 500 customers, the cost for an AT&T connection
doesn't seem justified, unless it would be wise to make the investment now rather than
later when there might be a larger percentage of AT&T customers within the community.
Mr. Dunn responded that the monthly connection fee should not increase significantly in
the future.
RECORD OF PROCEEDINGS
Dublin City Council
Meeting
January 20, 2009
Hel
Page 24
Mr. Lecklider stated that he is surprised by the large number of people who watch the
Council meetings on TV. The City has made an investment in taping the meetings, so it
is important to ensure that the community has the ability to access them.
Mr. Reiner stated that he cannot justify the need to spend this $30,000 at this time, given
the current economic situation in the country. He would prefer to wait and evaluate the
need later. If the other cable companies pick up several thousand customers, and the
numbers indicate that a large number of the community are choosing that access, then the
cost would be justified.
Mr. McDaniel noted that WOW! has not been deploying at the anticipated rate. Now that
the City no longer has control of that franchise, the City cannot require them to do so. He
also is not aware of AT&T's plans to deploy. Although they began at a rapid rate, they
appear to have cut back.
Mr. Dunn noted that improving the City's server in order to offer streaming video via the
Internet would be a wise investment. Many people are beginning to choose to access that
information in that manner.
Mr. Lecklider inquired the cost.
Mr. McDaniel responded that it would cost approximately $3,000, which has already been
budgeted. The I.T. department is working on that project now.
Vice Mayor Boring:
1. Thanked the snow removal crew for their excellent clean up work after the recent
snowstorm.
2. Thanked staff for providing the TV recycling program this past Saturday. What
was the community's response, and will another opportunity be offered?
Ms. Grigsby responded that Ms. Crandall has indicated that the community response was
positive, and she will be providing a report in the next Council packet.
Vice Mayor Boring noted that it would be worthwhile to offer the opportunity again after the
digital TV changeover.
Mayor Chinnici-Zuercher:
1. Stated that she will defer the MORPC discussion until the next Council meeting.
2. Reported that the COTA Advisory Panel has been formally established, and
Council has appointed Vice Mayor Boring to serve on the panel. The COTA office
has been moved to downtown Columbus, so she is not certain of the meeting
location.
3. Reported that she attended the U.S. Conference of Mayors this past weekend.
She will place some interesting conference materials in the Council planning room
to share with Council members. The Clerk has made copies of the Federal
Economic Stimulus Plan summary for Council members. It is important for the City
to stay on top of this opportunity to know how to take advantage of that
opportunity. There is a movement to have the stimulus money go directly to cities
rather than being funneled through the states.
4. Reminded everyone of the upcoming weekend activities related to the interviews of
the City Manager candidates. Nearly 100 people have signed up for the
community reception at the Community Recreation Center on Friday evening
where each of the candidates will be making a 10-minute presentation. Council
interviews of the candidates will occur on Saturday, and on Sunday, Council will
conduct deliberations and anticipates making a decision.
ADJOURNMENT TO EXECUTIVE SESSION
Mayor Chinnici-Zuercher moved to adjourn to executive session at 11:10 p.m. to consider
land acquisition matters (the purchase of property for public purposes), legal matters (to
confer with an attorney for the public body concerning disputes involving the public body
that are the subject of pending or imminent court action) and personnel matters (the
appointment, employment, dismissal, discipline, promotion, demotion, or compensation of
a public employee or official).
Ms. Salay seconded the motion.
Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor
Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes.
RECORD OF PROCEEDINGS
_ __ Minut~s_of _ _ _ Dublin City Co_u__ncil __ _ Meetin.~
January 20, 2009 Page 25
The meeting was reconvened and formally adjourned at 12:15 a.m.
Mayor -Presiding Officer
Clerk