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HomeMy WebLinkAbout12/11/2006RECORD OF PROCEEDINGS December 11, 2006 20 Mayor Chinnici-Zuercher called the Monday, December 11, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Ciarochi, Chief Epperson, Mr. Hahn, Ms. Puskarcik, Ms. Ott, Mr. Hammersmith, Ms. Hoyle, Mr. Earman, Ms. Mussio and Ms. Gilger. PLEDGE OF ALLEGIANCE Mayor Chinnici-Zuercher invited Colonel Dana McDaniel, his wife Lisa and daughters Caitlyn and Colleen to lead the Pledge of Allegiance. She noted that Colonel McDaniel, who serves as Deputy City Manager/Director of Economic Development has recently returned from 14 months of active duty in Iraq. Colonel McDaniel thanked Council for the opportunity to address them. He thanked Council for the reception tonight. He commented that the City of Dublin is an exemplary employer and a leader in showing support for its employees who are members of the Guard and Reserve. The ESGR has previously recognized the City for their support. He acknowledged the City for their support of his family during his time in Iraq, and for the letters, cards and care packages sent to him in Iraq; thanked Ms. Gilger, Ms. Manus, Ms. Brautigam and Ms. Grigsby for their support during his absence; and thanked Chief Epperson, Chief Woo and Mr. Ciarochi for allowing the fire, police and service workers to line I-270 in welcoming back his unit from Iraq. It was very moving and is a tribute they will not forget. He thanked Council for their commitment to establishing a Veterans Project in Dublin, which will serve as a wonderful tribute to those who have served. He shared some observations from his experiences in Iraq, while serving with courageous and incredibly committed armed forces. He came away with a deeper appreciation of security, the quality of life, and the democracy in the United States. He emphasized it is important to work hard to maintain our democratic form of government and to defend our freedoms. His daughters presented the Mayor and City Council with a United States flag flown on July 4, 2006 over Camp Liberty, Iraq. Mayor Chinnici-Zuercher thanked Colonel McDaniel for the flag, and Council and the audience gave him a round of applause. The Mayor then presented the McDaniel family with four shamrock Dublin Santa hats. APPROVAL OF MINUTES • Regular Meeting of November 20, 2006 Mr. Keenan moved approval of the minutes of November 20, 2006. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. CORRESPONDENCE • New D51 liquor permit - Sumeno's Sawmill LLC A notice regarding a new D51 liquor permit was sent to Council regarding Sumeno's relocation to the Kroger Centre. There was no objection to the issuance of the permit. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road noted he does not see any way to make a transition into his comments except to echo Mr. McDaniel's words -- that democracy is precious and requires a lot of hard work. At the first Council meeting in October, he was deprived of freedom of speech. Council asked the Law Director for permission to take this action, and the Law Director cited two bases: Robert's Rules of Order and Council's policy of the five minute per person public comment opportunity. Based on these, the Law Director ruled that the five minute speaking opportunity was created by Council and could be taken away by Council. Mr. Maurer noted that while the provision is in place, it is subject to the protections of the U.S. Constitution. In the second October Council meeting, Council Member Boring asked Mr. Smith again whether there was a legal foundation for that action, and he responded affirmatively, holding to those premises. Mr. Maurer now is requesting that Council supply him with Supreme Court case law on RECORD OF PROCEEDINGS December 11, 2006 Page 2 the First Amendment right -- freedom of speech and the equal protection clause contained in the Fourteenth Amendment. He requested that it be provided to him by the first Council meeting in January. Mr. Maurer indicated he will have some notes for discussion about this matter. Mayor Chinnici-Zuercher commented that Mr. Maurer could do his own research on this matter by using the Internet. Mr. McCash commented that the City does not have that information at hand, and is not obligated to perform this research on Mr. Maurer's behalf. There are reasonable time, place and manner restrictions on the First Amendment. In a public meeting, it is legal to impose particular regulations. Mr. Maurer stated that during the five-minute public comment portions of next year's Council meetings, he will relay the case law information to Council. PROCLAMATION • Recognition of Frank Ciarochi, Deputy City Manager/Director of Public Service Mayor Chinnici-Zuercher read a proclamation recognizing retiring Deputy City Manager/Director of Public Service Frank Ciarochi. He has served with the City of Dublin for six years in various capacities. There will be a public reception for Mr. Ciarochi on Tuesday, December 19. Mr. Ciarochi thanked the City Council and staff for the opportunity and privilege of serving on the Dublin "team." All of the accomplishments during his service were possible only with the team of professionals he has worked with in Dublin. LEGISLATION POSTPONED ITEMS Resolution 76-06 Authorizing the City Manager to Enter into a Contract with The Ohio State University for Placement of Masters of City and Regional Planning Candidates as Interns with the City of Dublin. Mr. Langworthy, Planning Director thanked Ms. Noble for her work on this contract process, and Ms. Husak for her management of the interns. Based on discussion at a previous Council meeting, it was determined that a representative from The Ohio State University should be asked to attend the Council meeting to clarify some of the issues. Hazel Morrow-Jones, Associate Dean for Graduate and Professional Education, College of Engineering, The Ohio State University is present tonight to address Council. Ms. Morrow-Jones also serves as the internship coordinator. Ms. Hazel Morrow-Jones stated that the OSU City and Regional Planning Program and the City of Dublin have a long history of working together to provide outstanding internship experiences for students, as well as excellent workers for the City's Planning Department. Their program places approximately 50 interns around Central Ohio, but the Dublin experience for students is a unique one for the six selected. What sets the Dublin experience apart is that the Planning staff chooses the top quality students, and these students then have the opportunity to work in the core of Planning -working with citizens, with land use decisions, and presenting to boards and to Council. The University appreciates the opportunities the City of Dublin has provided to their students. She noted the following: 1. The interns earn a stipend for their work, are supposed to work 20 hours per week on average and are paid for those hours. OSU has then provided a fee and tuition waiver to accompany that. There is no course credit involved for working as interns. Instead, OSU views the internship as both financial aid and work experience for the students. 2. For 20 years, there have been two groups of internships. One is with the City of Columbus, which includes 12 interns, and is operated under a contract arrangement between the City of Columbus and OSU. Columbus pays the University the total amount that it costs the University to pay the students working in the internships plus overhead. This has been a contract through the Research Foundation for 20 years. When it began, that contract automatically included fee and tuition waivers because it was done through the Foundation and included overhead. At that time, the i overhead costs were 47 percent. RECORD OF PROCEEDINGS December 11, 2006 Page 3 Held 20 3. When she assumed her position several years ago, Columbus persuaded the University to drop the overhead costs to 26 percent on the grounds that it was off campus work. The students were not using OSU facilities and should therefore have the off campus rate and not the campus rate. 4. Since the time the original contract was entered into, it is no longer the case that going through a Research Foundation contract will automatically result in fee and tuition waivers. The Dean has allowed the 12 students to hold the fee and tuition waiver for that particular program due to its long history. In a sense, these students have been grandfathered because of the previous practice. 5. The second group of internships includes the other 36 interns in the program. They are paid directly by their intern sponsors, as with Dublin, and their fee and tuition waivers have been provided by the central administration of OSU through the graduate school. For a long period, the fee and tuition waivers were not viewed as "real money," - but that has changed. Shortly thereafter, rumblings began about the continuation of the fee and tuition waivers into the future. 6. Last year, there were changes in the University budgeting processes and a new Dean came to the graduate school. The decision was made to have no fee and tuition waivers whatsoever for anyone other than the City of Columbus intern program. 7. Since that time, a slower decrease has been negotiated in the number of fee and tuition waivers granted. Last year, there were 36; this year, 27; and next year, there will be 18. It will continue to drop until 2010, at which time there will be no fee and tuition waivers. That is the current plan in place. 8. The fee and tuition waivers are very important to students. For all practical purposes, they double the salaries earned in the intern program. For out of state students, they are particularly crucial, as the fees and tuition are much higher for this group. 9. In order to recruit the highest caliber students, the fee and tuition waivers are critical. Other universities will continue to offer fee and tuition waivers to the best students to attract them into their programs. OSU stands a good chance of losing the best students under the new program. Many of the high quality Dublin interns have gone on to become Dublin staff planners -Carson Combs, Claudia Husak, Judson Rex, etc. 10. When she learned of the University's plan in spring of last year, she proposed the concept to the Dean that if Dublin were interested, she would try to negotiate a contract similar to the one with Columbus where Dublin would pay the additional 26 percent overhead in order to be guaranteed high quality students who would have fee and tuition waivers. However, it is no longer guaranteed that paying the 26 percent overhead and going through the Research Foundation will result in fee and tuition waivers. In fact, that is not how the University now wants to handle this. However, the Dean recognized the importance of this program and in this case only agreed to provide six fee and tuition waivers if Dublin chooses to enter into such a contract. At that point, she came to the Planning staff to negotiate a contract that could be brought to Council for discussion. 11. At this point, Dublin has a choice in the matter. Dublin can continue to operate as it does now, and for as long as the University has fee and tuition waivers, they will use them for students. There is no question of eliminating fee and tuition waivers for this year; that will not occur. The first year students who have waivers this year will continue to have them next year, whatever the City of Dublin chooses to do. The concern arises for the future. RECORD OF PROCEEDINGS December 11, 2006 Page 4 12. She summarized that one option is to continue the program as it now stands, and the waivers will drop off gradually over time. At a point in the future, Dublin will likely have a mix of student interns, some with and some without fee and tuition waivers. At some point in the future, the only students who will have waivers will be those interns working for the City of Columbus. It will likely result in the best students choosing to work in the City of Columbus, because of the stipend and the fee waivers offered to them. The other option, and the one brought to the Dublin Planning Department last spring is the option of a contract similar to the one in place with Columbus in which Dublin would pay the University under a contract, including 26 percent overhead. In return for that overhead payment, the University would handle the payroll for the students. The Dean has guaranteed the fee waivers to accompany that arrangement. 13. She noted that everyone has the same goal in the end - to provide the students with the best possible intern experience, that the City has the best interns available to them, and that the entire program works as well as possible. From her perspective, she would like to see Dublin enter into the contract arrangement, as there would then be more waivers available which would in turn help to attract the best students to the program. She emphasized that the waivers are a critical item for the students which impacts their ability to attend the University. She offered to respond to questions. Mayor Chinnici-Zuercher noted she understood from the staff presentation that the $37,000 paid to the University, which includes the overhead, was what Dublin currently pays directly to the students, and that the 26 percent overhead was essentially being taken out of what the student currently receives. Ms. Morrow-Jones responded that it would not be done in this manner. The concept, from the University's standpoint, is that Dublin pays whatever they agree to pay to the students - the expectation is $1,000 per month minimum -and the 26 percent overhead is over and above that. It does not come from the student's stipend. Mayor Chinnici-Zuercher asked what the City is currently paying for the six student interns. Mr. Langworthy responded that in 2007, it would be $37,308. He does not have information regarding the current year. The $37,308 includes the $7,932 of costs to administer the contract. Mr. McCash noted that the figures in the memo are based on six months, not a year. The term identified is from November 1, 2006 to June 30, 2007. Mayor Chinnici-Zuercher asked staff to clarify the numbers for comparison purposes. Ms. Grigsby stated that currently, stipends are paid directly to the students, based on an hourly rate and the number of hours worked. Mayor Chinnici-Zuercher asked what the term "fringe benefits" includes. Ms. Grigsby stated that the fringe benefits currently paid are for the PERS contribution and Medicare contribution required by law. Mayor Chinnici-Zuercher stated that the overhead of $7,932 would be new for the City. In essence, the City's new costs include $16,000 to the University annually for six interns. Mrs. Boring asked staff to distinguish between University fringe benefits and PERS contributions. Ms. Grigsby stated that the fringe benefit paid by the City is the required PERS contribution by an employer and the required Medicare contribution. Mayor Chinnici-Zuercher stated that the information indicates fringe benefits of 8.8 percent, which is distinct from the PERS contribution. Ms. Morrow-Jones stated that the OSU fringe benefits of 8.8 percent include PERS and health insurance. Ms. Hoyle stated that the University's rate is different from the City's. The City does not provide health insurance to the interns. Mr. McCash commented that students at OSU are required to have health insurance, either through the University or a third party in order to be enrolled at the University. Ms. Morrow-Jones stated that students are required to have health insurance, but the i University is required to pay this as a benefit if they are paid through the University. Mayor Chinnici-Zuercher stated this would be an additional cost to the City in paying the students through the University, versus the City paying the students directly. RECORD OF PROCEEDINGS December 11, 2006 Page 5 20 Ms. Morrow-Jones acknowledged this is true. There is no question this arrangement will be more costly for Dublin than the current one. When this was originally discussed, it was planned to be phased in -three interns this year and six next year and her department would pay one of the student's salaries to try to make the transition smoother for the City. But because of the timing, that was later dropped out of the department's budget. Mr. McCash asked about the justification for continuing the program as it exists with Columbus. Ms. Morrow-Jones stated that the justification for Dublin to enter into a contract with the University is to maintain the quality of students and to have first choice of the preferred candidates. Columbus has a contract with the University because Columbus does not want to handle the part-time workers' pay. Mayor Chinnici-Zuercher clarified that the point is that the University has chosen to grandfather Columbus in because of the formal contract in place -even though Dublin was never offered such a contract. Ms. Morrow-Jones acknowledged that is true. Columbus had a formal contract in place and OSU assumed other entities would not be interested in a 26 percent overhead cost for their programs. The tuition waivers were being given to the other students working in various jurisdictions such as Dublin, without paying the 26 percent administrative overhead costs to the University. Mayor Chinnici-Zuercher stated that in Dublin's case, it was not problematic for the Finance Department to process the payroll for the interns. Columbus must have encountered difficulties in undertaking this work and felt it was advantageous to enter into such a contract with OSU. At this point, she feels the University is "holding Dublin hostage" -that the University has made this decision which affects the quality of the student that the City and Regional Planning program can attract. She acknowledged that the City of Dublin benefits from the intern program as it currently stands, but it is also costly to Dublin to mentor, coach and supervise the interns who do not have the experience of the full-time staff. The students come to Dublin or other communities for the learning environment. At the time the City is making a substantial investment to supervise, mentor and train the interns, the City is now being told to continue this role and begin paying the University the overhead fee. It doesn't make sense. Ms. Morrow-Jones acknowledged that her department is unfortunately caught in the middle of this issue, and does not have an option. Mr. McCash commented that the quality of the education at OSU's program and the reputation of attracting high quality interns are being diminished. Perhaps the cities in Central Ohio will choose to hire interns from another university. The City and Regional Planning program is then negatively impacted. Ms. Morrow-Jones stated that Dublin and her department agree on the importance of City and Regional Planning, the value of the internship program and the value of the degree program. The central administration at the University does not necessarily share that opinion. They strongly support placing all of their funds toward Ph.D. students rather than Master's students. In the future, the fee and tuition waivers will go to the Ph.D. students. The central administration has informed her department that they have had the second largest amount of fee and tuition waivers, although they are one of the smallest graduate degree programs on the campus. As a professional master's degree program, theirs is not highly valued relative to the Ph.D. programs. Her department is battling to retain their quality as best they can. They do not have any control over the fee and tuition waivers. Mr. Keenan stated that she has indicated the fee and tuition waivers will be phased out by 2010. Does that include the fee and tuition waivers granted to the Columbus interns? i Where is the City and Regional Planning program housed? Ms. Morrow-Jones responded that the phasing out of waivers does not include those for the Columbus students. Her department is housed in the College of Engineering. The Dean in the College of Engineering is the person who has guaranteed the 12 fee and tuition waivers for the City of Columbus and offered to do the additional six. Mr. Keenan noted that these measures seem counterproductive to what the University wants to do. Should the City of Dublin be discussing these matters with the Dean? RECORD OF PROCEEDINGS December 11, 2006 Page 6 Held Ms. Morrow-Jones responded she has every intention of gathering support letters and documentation from all of their sponsors to discuss this matter with the recently appointed Dean of the Graduate School. He had no involvement in these decisions. The decisions relate to having less resources and trying to accomplish the most important goals for the university. At the graduate level in the university, the most important goal is viewed as Ph.D. production. She is also writing a report for the College of Engineering that argues that the use of Master's students provides much value to the University. But at this time, she must work within these parameters. Mr. Reiner asked if there is a specific reason why course credit is not given to these interns. Ms. Morrow-Jones responded that she generally tells people that students learn much more from their internships than in the classroom. The reason there is no credit given is because the internship is paid and has an associated fee and tuition waiver. It is considered financial aid. The fact that it can be considered valuable work experience is a plus. If the University were to give credit, the University would not want the internships to be paid. Obviously, the students would prefer to be paid. There are some ways they can earn additional course credit in their internship work by such means as a practicum. Mrs. Boring asked for confirmation that during the quarter they work, the students also pay tuition, but receive no credit for the internship work. Ms. Morrow-Jones responded they pay tuition and take 15 hours of course work at the same time they are working 20 hours per week as interns. Currently, the fee and tuition waiver pays the tuition for those 15 hours. Ms. Salay stated that another problematic item with the proposal is the limitation to 20 hours work per week for interns. Ms. Morrow-Jones responded that is a University rule, and there are some options in this regard. Ms. Salay stated that it is important to Dublin that the interns are available to participate in evening meetings, as the City relies on them. Ms. Morrow-Jones stated that it may be possible to have a 7th intern to fill the additional hours desired. Another possibility is to hire them as part-time employees of the City. Perhaps comp time could be offered to students who work evening meetings, or some other type of benefit. The fee and tuition waivers in themselves are an additional benefit to the student, and they are not offered to others. Many students would volunteer for extra hours in order to gain the experience offered. Mr. Keenan commented that, legally, he does not believe the City could have the interns work without pay for hours over the 20 per week. Mr. McCash suggested that the City could devise a program for interns at a certain pay rate, with the stipulation that those students who work for the City after graduation would be given a fee and tuition waiver for the time they worked with the City as an intern. It would save the overhead fees for the City and the students would be paid the same amount. Ms. Morrow-Jones responded that the concept could certainly be explored. Many employers have such an arrangement. That would work for the interns who are hired as full-time employees, but not necessarily for all who work as interns, as there would not be positions available to accommodate all of them. She emphasized that she believes there are options to address the 20-hour work week limitation, if that is a critical matter for the City in this contract. Mr. Langworthy noted that the time issue is problematic. The 7th intern solution is not workable, as it is not a question of the number of interns, but rather having the interns available who are working on a project for the evening meetings. Mr. Keenan asked what will happen to the other 30 internships throughout the area. Will those entities be offered this same arrangement? Ms. Morrow-Jones stated that if they are interested, it will be made available to them. She has not discussed this with otherjurisdictions. However, the other jurisdictions do not have the same level of interest as Dublin in obtaining the high quality students. RECORD OF PROCEEDINGS December 11, 2006 Page 7 Mr. Keenan asked about the impact a "no" vote by Council will have on her discussions with the Dean and the administration. Ms. Morrow-Jones responded that it will likely not have an impact. The "no" vote by the Dublin Council will enable the six fee and tuition waivers to be offered to someone else. The other option for Dublin is that the issue could be revisited in two to three years, given the gradual reduction in the fee and tuition waivers until 2010. She cannot guarantee fee and tuition waivers at a future date, however. Mr. Keenan responded that Dublin believes that the students are being taken advantage of with this proposal. This is the basis for Council's reluctance to act on the legislation. Mayor Chinnici-Zuercher added that the University is asking the community to engage with the students to give them part of their learning experience. Now, the University wants the City to pay their overhead, even though Dublin has no need for the University to handle the payroll. Ms. Morrow-Jones responded that from the University's point of view, they believe that all intern sponsors who are not paying the full overhead of 47 percent are taking advantage of the University. She pointed out that the students that Dublin employs in the internship program are high quality and the rate of pay is much less than the standard level for this quality. Mr. Keenan stated that many with children in college are experiencing large increases in tuition and fees for their own children. Ms. Morrow-Jones noted that it is typical for good students in graduate schools to have their way paid entirely. However, OSU does not have an undergraduate program in this field, and so there are no teaching assistant positions available for the students. The research grants generally go to the Ph.D. students because their research skills are more advanced. Mr. Keenan asked how the College of Business Administration operates at OSU. Ms. Morrow-Jones responded their tuition is very high and employers often pay those costs. Mr. Reiner asked if students are required to have internships. Ms. Morrow-Jones responded they are not. Mr. Reiner asked why it is not required, as many universities have mandatory internship programs, providing credit and involving the students in the businesses in their field. Ms. Morrow-Jones responded it is not mandatory because the University considers this to be a merit which is earned by the best students. The University cannot force anyone to hire interns, and therefore the University cannot make this a requirement. Only the most desirable students receive internships, and the University does not make those choices. They admit students to the program based upon their capability for graduate work. For anyone who desires an internship and is eligible, the University sends the resumes out to sponsors and the sponsors determine who they will hire as interns. Mr. McCash noted that the University of Cincinnati does this with the School of Architecture by means of a co-op program. Perhaps the City and Regional Planning Department could institute a co-op program. Ms. Morrow-Jones responded that a co-op program would require that the students stay longer in school and the students want to graduate more quickly. Mayor Chinnici-Zuercher invited public testimony. Wallace Maurer, 7451 Dublin Road stated that he spent two years battling the OSU President and his entire cabinet regarding the issue of mandatory retirement. As a compromise, he is permitted to teach at the University on a part-time basis, if agreeable between him and the Department. In regard to the proposed contract, one statement strikes him on page 1, Section 1, under "Scope of Work." The language states, "Sponsor's acceptance of the new principal investigator shall not be unreasonable withheld." He assumes this should state, "unreasonably withheld." The language in the contract is very important in order to avoid future confusion or debate. RECORD OF PROCEEDINGS December 11, 2006 Page 8 Held 20 Mrs. Boring noted that Ms. Morrow-Jones mentioned the University is phasing out the tuition and fee waivers and that they still exist at this time. She doesn't believe Dublin should pay any overhead costs until the phasing out makes it a critical issue to consider. Mayor Chinnici-Zuercher asked for a motion. Mrs. Boring moved not to approve the resolution, that the program be tracked and the phasing monitored, and that an evaluation be done on a yearly basis. Mr. Reiner seconded the motion. Mr. Keenan suggested an amendment that staff reviews alternatives available to the City for the future. Mr. Reiner added that alternative schools from which to drawn interns should also be explored. Mrs. Boring accepted these amendments. Mr. Reiner seconded the amended motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes. Mayor Chinnici-Zuercher noted that the City appreciates and respects all of the interns from the program who have worked for the City. Hopefully, the intern program with OSU will continue. The City is willing to write a letter or advocate on behalf of the City and Regional Planning program to improve the status of the Master degree program within the College of Engineering. The University is actually part of a larger community and they need to view themselves in that way. They have a responsibility to give the students awell-rounded education, which is not always possible in the classroom. She believes that the interns would agree that they worked hard in Dublin, but they also learned a lot which helped in their future careers. She encouraged Ms. Morrow-Jones to stay in contact with the City in regard to ways in which the City could advocate on the program's behalf to the administration at the University. Ms. Morrow-Jones noted that the comments regarding the University's responsibility to the larger community are particularly meaningful and relevant to this issue and she would encourage this be emphasized in any support letter from the City. Mayor Chinnici-Zuercher thanked Ms. Morrow-Jones for attending tonight's meeting and clarifying the issues for Council. Ordinance 67-06 Authorizing the City Manager to Execute a Release Agreement with The Stonehenge Company Regarding 6055 Avery Road. (Avery Road widening project) Ms. Brautigam stated that staff has not been able to schedule a meeting with the Stonehenge representatives. Staff is therefore asking that Council table this indefinitely. Staff plans to bring this back after a meeting which will be set up in January. Mayor Chinnici-Zuercher moved to table the ordinance indefinitely. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 70-06 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2007, and Declaring an Emergency. Ms. Brautigam stated that two workshops were held regarding the operating budget and staff is now recommending adoption of the budget. Staff has provided information about questions which arose during the workshops. She offered to respond to questions. There were no questions. Wallace Maurer, 7451 Dublin Road noted that Ms. Puskarcik has suggested in a memo that the wall behind the Council dais be painted blue for purposes of the cable broadcasting. He does not support this change which is cosmetic in nature. The Council Chambers as it now exists is appropriate and should not be changed for television purposes. Ms. Salay agreed that the wall should not be painted blue. RECORD OF PROCEEDINGS December 11, 2006 Page 9 Held 20 Ms. Brautigam clarified that comments were made that the background was stark and that viewing quality was compromised. Staff wanted to provide an option to improve the aesthetics for broadcasting. Brief discussion followed. Vice Mayor Lecklider moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, no; Mr. Keenan, yes; Mr. Reiner, no; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. Vote on the Ordinance: Mayor Chinnici-Zuercher, no; Mrs. Boring, no. Ms. Salay asked for clarification about the reason members are voting against the operating budget. Mayor Chinnici-Zuercher responded that she is not in support of the cable television portion of the budget and is therefore voting against the ordinance. Mr. Keenan noted he had understood these issues were resolved during the budget workshops. Discussion continued. Mrs. Boring made a point of order, noting the vote is in process. Mayor Chinnici-Zuercher directed the Clerk to continue the roll call vote: Vote on the Ordinance (cont.): Mr. Keenan, yes; Mr. Reiner, no; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. (Passed 4-3) INTRODUCTION/FIRST READING -ORDINANCES Ordinance 79-06 (Annual Appropriations Ordinance) Establishing Appropriations Based on the 2007 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2007. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated this ordinance appropriates monies for the 2007 operating budget. Ms. Salay moved to dispense with the public hearing. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes. Wallace Maurer, 7451 Dublin Road asked about the meaning of the phrase, "Personal Services." Ms. Grigsby responded this includes salaries and benefits. Mr. Maurer asked about the term "transfers," for which there are $22 million. Ms. Grigsby responded the City's general fund subsidizes several other funds, including the Safety Fund, Police Department, Parks & Recreation, and the Capital Improvements Program. Therefore, monies must be transferred from the General Fund to those particular areas. Vote on the Ordinance: Mr. McCash, yes; Mrs. Boring, no; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. Reiner, no; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. (Passed 5-2) Ordinance 80-06 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2006. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated this ordinance provides funds related to the closing of the 2006 fiscal year. Mr. Keenan asked about Section 10, the employee benefits self insurance fund, appropriating $450,000. Will this be adequate to close out the year? Ms. Grigsby stated that staff projects this will be more than adequate, based upon what was spent through November and the estimates for December. She clarified that these are for claims incurred in 2006. Mayor Chinnici-Zuercher asked for further clarification about the budget and the projected monies needed at this point to balance. RECORD OF PROCEEDINGS December 11, 2006 Page 10 Ms. Grigsby stated that the original appropriations were done in December of 2005 for 2006, and as staff has indicated during the 2006 workshops, the claims exceeded the estimates made for 2006. Mayor Chinnici-Zuercher asked about the percentage over budget. Ms. Grigsby estimated it is in the range of 17-18 percent over budget. Mr. Reiner moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mayor Chinnici- Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes. Ordinance 81-06 Vacating High School Road as a Public Road in the City of Dublin, Ohio. Ms. Salay introduced the ordinance. Mr. Smith stated this property was dedicated in 1949. High School Road was never constructed in its entirety, and most of it is currently used for athletic facilities. In response to the School's plan for this area, the City staff indicated that all seven parcels should be combined. The Schools cannot do so, however, because the City owns High School Road. Following this action, the roadway will have the same curb cuts -- nothing will change. A representative of Dublin Schools will attend the January 9 meeting. There will be a second reading/public hearing at the January 9 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 81-06 Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that may be in the County Treasury to the Account of the City of Dublin. Vice Mayor Lecklider introduced the resolution. Ms. Brautigam stated this resolution provides expedited payments to the City from the Delaware and Franklin County Treasurers. Vote on the Resolution: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes. Resolution 82-06 Authorizing the City Manager to Execute a Contract with the Franklin County Public Defender Commission for the Defense of Indigent Defendants. Vice Mayor Lecklider introduced the resolution. Ms. Brautigam stated this is a housekeeping matter and is done annually. Wallace Maurer, 7451 Dublin Road asked at what financial point is a defendant considered to be indigent. Mr. Smith responded there is a scale established to determine if a defendant meets the eligibility, but he does not have that information with him tonight. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. STAFF COMMENTS Ms. Brautigam thanked Council for all of their support in 2006, and wished them a happy holiday season. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan: 1. Received an e-mail yesterday from Mr. Guion of the Dublin Arts Council. He wants to present a photograph of the Irish seacoast to the City, which is a "Director's Choice Award" from the Arts & Music Festival. It can be accommodated in any of the City buildings. This could be an appropriate kick-off to the revitalized Art in Public Places program on a smaller scale. Unless Council objects, he will communicate to Mr. Guion that the City will accept this gift. RECORD OF PROCEEDINGS Page 11 December 11, 2006 2. Noted that the Veterans Project Committee met on Friday and continues to make progress under an aggressive timetable. The plan is to reduce the identified field of artists to three finalists on January 12. The final artist selected will then be submitted to Council for approval. Ms. Salay asked that the City Manager thank all of the staff members for their hard work and support throughout the past year. She is always amazed at the level of response by staff. It is very satisfying to work in this community where staff does all possible to help the citizens. Mr. Reiner wished everyone a Merry Christmas and a blessed New Year. He commented that in a letter to the editor, someone had observed that the City's tree was called a "holiday" tree and not a "Christmas" tree. He believes the tree should appropriately be called a "Christmas" tree. He recently heard Ben Stein's radio comments on this issue, which were very profound. There is an importance in maintaining traditions, and he would like to have the City tree called a "Christmas Tree." Mrs. Boring agreed. Mayor Chinnici-Zuercher noted that the confusion may be with the "Holly Days" celebration, which has brought about the term "holiday" tree. She asked Ms. Puskarcik to comment. Ms. Puskarcik stated that several years ago in a letter to the editor, someone had complained about the City having a Christmas tree. After informal discussion, the decision was made to use the term "holiday" tree, but if Council now prefers it to be called a "Christmas tree," this can be reinstated. She noted there is a "Catherin Headlee Christmas Tree" within the City, located in Coffman Park. Mr. Reiner stated that it is a matter of respect for traditions, whether it is a celebration of Christmas, Hanukkah or Kwanza. Mr. McCash wished everyone Happy Holidays -- or whatever their pleasure may be! Mrs. Boring stated: 1. She has heard many positive comments about the snowflake decorations on the SR 161 bridge, and many would like to see them in even more locations. 2. She attended a meeting today with representatives from the Dublin Schools regarding the cable television programming and the participation from the Schools. The City staff is continuing to work with the Schools on this program, although the Schools were not very receptive about the program. 3. She attended dinner with the Spirit of the Season family last week. The Kent family truly epitomizes all of the attributes on which selection is based. Vice Mayor Lecklider thanked staff for all of their hard work during the past year for the citizens of Dublin and wished everyone a Merry Christmas! Mayor Chinnici-Zuercher: 1. Noted she had the opportunity to attend the National League of Cities conference last week in Reno, Nevada. It began on a sad note, as the Mayor of Dearborn, Michigan died of cancer on Tuesday at the age of 52. He was a long-time Mayor and had done wonderful work in his City. The spirit of the NLC meeting was one of collaboration and partnership, and recognition that cities need to work on a regional basis and take a leadership role in doing so. 2. Commented that 2006 was another great year for the City of Dublin, although there were some challenges which will continue into 2007. Finding an anchor for the Innovation Center will be an important task. The Historic Dublin revitalization continues and the northwest corner project is not yet finalized. The City has put some excellent programs in place this year, such as the Healthy by Choice initiative and Council is appreciative of the time and energy invested by staff in such programs. The Community Plan will be completed and updated in 2007, which has required many extra meetings of staff, the Council, and the Planning Commission. 3. She thanked everyone for their collective efforts, which will move the City forward into the future. She acknowledged that the Dublin community has had some difficult issues to face in past weeks in the public venue, and those problems will take time to resolve. She emphasized that any actions or RECORD OF PROCEEDINGS December 11, 2006 Page 12 decisions made by a portion of the community do impact the larger community and, in turn, the image of Dublin throughout the area and beyond. It is important for public officials to conduct themselves professionally in order to make decisions in the best interests of the residents and the community. 4. Noted she has distributed an Irish ornament gift to each Council Member, as well as a Dublin Santa hat for the holiday season. 5. Wished all a Merry Christmas, Happy New Year, Happy Hanukkah or Kwanza, as appropriate! ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:30 p.m. for discussion of personnel matters. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. McCash, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. The meeting was reconvened and formally adjourned at 9:45 p.m. Mayor -Presiding Officer Clerk of Council 1