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Ordinance 36-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 36-23 Passed __,20 AMENDING THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023 WHEREAS, the Ohio Revised Code requires, when necessary, amendments to the annual appropriations ordinance be made in order that appropriations are not over expended; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding in certain budget accounts; and WHEREAS, at the beginning of each year, it is necessary to appropriate unencumbered balances in various funds to authorize those funds for debt payments, project-related expenditures and other miscellaneous expenses; and WHEREAS, if any funding is appropriated herein to provide for transfers or advances for debt service, the debt transfer is also authorized as a part of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, __(_ of the elected members concurring, that: Section 1. There shall be unappropriated balance in the Capital Improvements Tax Fund the total amount of $2,270,000 for a project: Transportation & Mobility Projects 40180311-736000 Capital Improvements $ (2,270,000) Section 2. There shall be appropriated from the unappropriated balance in the Capital Improvements Tax Fund the total amount of $5,935,000 for projects: Transportation & Mobility Projects 40180320-735006 Capital Improvements $ 4,500,000 40180311-735006 Capital Improvements $ 600,000 40180890-734001 Capital Improvements $ 50,000 40180430-735005 Capital Improvements $ 385,000 40180320-735004 Capital Improvements $ 400,000 Section 3. There shall be appropriated from the General Fund an increase of $250,000: General Fund 10110190-713004 Other Professional Services $ 250,000 Section 4. There shall be appropriated from the General Fund an advance to the Capital Improvements Constructions Fund an increase of $2,400,000 for a project: General Fund 10180190-735001 $ 600,000 10197290-742404 $ 1,800,000 Section 5. There shall be appropriated to the Capital Improvements Constructions Fund an increase of $1,400,000 for a project: Transportation & Mobility Projects 40480750-735004 Capital Improvements $ 900,000 Section 6. There shall be an increase of $11,000,000 in advances in Capital Improvements Construction to the General Fund: Capital Improvements Construction Fund 40497290-742000 Advances Expense $ 11,000,000 RECORD OF ORDINANCES Dayton Legal Blank, Inc. . Form No. 30043 Ordinance No. 36-23 Passed , 20 Section 7. There shall be funding unappropriated from the Pool Fund Capital Outlay Recreation to be reappropriated to the Pool Fund Leisure Activities Recreation in the total amount of $67,000 for personal services: Pool Fund 22680440-731000 Furniture/Equipment $ (67,000) 22640440-701104 Other Wages $ 67,000 Section 8. There shall be funding unappropriated from the General Fund to be reappropriated to the Recreation Fund in the total amount of $125,000 for personal services: General Fund 10140430-701104 Other Wages $ (125,000) Recreation Fund 22540441-701104 Other Wages $ 125,000 Section 9. There shall be funding unappropriated from the Recreation Fund DCRC Operations to be reappropriated to the Recreation Fund Recreation Services in the total amount of $70,000 for personal services: Recreation Fund 22540441-734003 Sports and Recreation Equipment $ (70,000) Recreation Fund 22540440-701104 Other Wages $ 70,000 Section 10. There shall be funding unappropriated from the General Fund Horticulture to be reappropriated to the Cemetery Fund in the total amount of $24,000 for personal services: General Fund 10140433-701104 Other Wages $ (24,000) Cemetery Fund 26160432-701104 Other Wages $ 24,000 Section 11. This ordinance shall take effect and be in force in accordance with Section 4.04(a) of the Dublin Revised Charter. noe wan > day of Seplecbe , 2023. Vice Mayor — Presiding Officer bed. OL dt U Clerk/of Coun To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: September 5, 2023 Initiated By: Matthew L. Stiffler, Chief Financial Officer/Director of Finance Jaime Hoffman, Director of Finance Operations Meghan Murray, Budget Manager Re: Ordinance 36-23 – Amending the Annual Appropriations for Fiscal Year Ending December 31, 2023 (Q3) Summary Ordinance 36-23 amends the annual appropriations for the fiscal year ending December 31, 2023 to provide supplemental funding in certain budget accounts for the third quarter of 2023. The following sections provide descriptions of the appropriations contained within each section of the Ordinance and the reason for the request. Section 1 requests $2,270,000 in funding be unappropriated from the Capital Improvement Projects Fund for Transportation – Bridges and Culverts. This funding is not necessary in 2023 as the design for the Tuller Road to Emerald Parkway over 270 Crossing project was funded in the proposed 2024-2028 Capital Improvements Plan to occur in 2024. Initiating Department: Engineering (Section 1) Section 2 requests $5,935,000 in funding appropriations for a project in the Capital Improvements Tax Fund, which is being funded through unencumbered unallocated available fund balance. • Hyland Croy Corridor Improvements – Post Road to Park Mill Drive This project request of $2,000,000 is for project ST23C06 Hyland-Croy Road Corridor Improvements - Post Road to Park Mill Drive. The 2023-2027 Capital Improvements Program included funding in 2023 of $1,530,000 for construction of the improvements based on a programming level estimate. Design of the project began in the second half of 2022. The bid received for the project construction is $3,511,541.25. Pursuant to the project funding agreement between the City and Union County, the City of Dublin will sign and administer the contract. The funding provided in the 2023-2027 Capital Improvements Plan had Union County signing and administering the contract. This increase in appropriations will have offsetting additional revenues for the project provided by Union County. As specified in the agreement, Union County will provide all funding above and beyond Dublin’s Contribution of the construction costs. Dublin’s contribution is calculated to be $1,116,892.00 based on the bid received. • South High Utility Burial This project request of $2,500,000 is for project ET227 - South High Street Utility Burial. The 2022-2026 Capital Improvements Plan and Ordinance 19-22 increased the allocation in 2022 for this project to $3.6 million of which only $342,000 was encumbered in 2022. The requested funds were included in the carryover list for appropriation in 2023 when needed. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Ordinance 36-23 – Amending the Annual Appropriations for Fiscal Year Ending December 31, 2023 Page 2 Several contracts for phase 1 of the project were not executed until 2023 due to delays in relocation agreements with AEP and communication providers. These contracts encumbered in 2023 totaled $3,033,388.04. The phase 1 electric conversion contract, $447,094.00, was not executed until the aforementioned agreements were in place. Several payments for phase 1 project related easements were also processed in 2023 due to a longer negotiation process which totaled $34,910.00 and were encumbered in 2023. The 2023-2027 Capital Improvements Program included funding in 2023 of $2,210,000 for construction of the Phase 2 improvements. Design of the phase 2 project began in 2022, with acquisitions related to the phase 2 project occurring in the second half of 2023 and estimated to be $150,000. Remaining phase 2 project costs are budgeted in the 2024-2028 Capital Improvements Program to occur in 2024. This request will appropriate an additional $2.5 million in funds previously planned for phase 1 in 2022 allowing the remaining 2023 appropriation to cover the estimated remaining costs in 2023 for that portion of phase 2 of the project. • Annual Vehicular Bridge Maintenance This project request of $600,000 is for project BC23M04 - Annual Vehicular Bridge Maintenance, Brandonway over North Fork Indian Run. The 2023-2027 Capital Improvements Program included funding in 2023 of $1,025,000 for construction of the improvements based on a programming level estimate. Design of the bridge replacement began in the second half of 2022. The current project construction estimate is $1,537,000 with 75% design plans. Minor additions have been made to the project from the initial project scope as required for the project. In depth hydraulic analysis was required of North Fork Indian Run to ensure the structure would not impact the flood plain. The proposed bridge is wider than the existing structure to allow pedestrian facilities on both sides of Brandonway Drive connecting with existing pedestrian facility extensions adjacent to the structure. The current engineer’s estimate is $1,537,000, which is $512,000 more than the $1,025,000 budgeted in 2023. This request provides additional funding for the project and a small contingency recognizing the current volatile market conditions for construction projects. • Speed Safety Cameras Pursuant to the recently approved Speed Management Program, staff is requesting $50,000 for the purchase of speed safety cameras with a post and anchor system. One set of speed safety cameras will be purchased with these funds along with a pole and anchor system. Spare posts and anchors will be purchased in anticipation of using the system in multiple locations, along with maintenance needs. • Kiwanis Park The 2022-2026 Capital Improvements Plan included an appropriation for this project in 2022 of $400,000, of which only $50,000 was encumbered in 2022. The requested funds were included in the carryover list for appropriation in 2023 when needed. This project request of $385,000 includes selective site clearing, minor grading at boardwalk piers, earth / rock spoils removal, concrete landings at the ends of new boardwalks, asphalt path modifications at boardwalks, pressure treated wood boardwalks (add alternative using composite decking on all new boardwalks), diamond pier footings for boardwalks, handrail sections, and site restoration. The City will also be adding some informational / educational signage to inform visitors of the special Ornithology (“Birding”) opportunities in the park. Ordinance 36-23 – Amending the Annual Appropriations for Fiscal Year Ending December 31, 2023 Page 3 • Preliminary Engineering This project request of $400,000 is for preliminary engineering and associated project costs of future water and sanitary sewer utility extension projects associated with the Public Water Utility and Sanitary Sewer Utility Extensions to Existing Developed Property Policy (Policy). This project will provide updated cost estimates for future water and sanitary sewer utility extensions, which will allow the City to better plan for implementation of the Policy in future capital improvement plans. This project was included in the Proposed 2024-2028 Capital Improvements Plan to occur in 2024. Funding is being requested at this time to allow the work to proceed as soon as possible. The purpose of the Public Water Utility and Sanitary Sewer Utility Extensions to Existing Developed Property Policy is to establish an equitable, documented, uniform and systematic mechanism by which the City of Dublin can plan and extend its public water and/or sanitary sewer utility services to those developed areas not currently served. Initiating Department: Public Works – Parks & Recreation, Transportation and Mobility, and Engineering (Section 2) Section 3 requests $250,000 in appropriations relating to the auction of real properties located along North Riverview Street. This auction was authorized by Ordinance 24-23. This appropriation is necessary because, though the City will not be directly expending any funds related to this sale, the Auditor of State requires the buyer’s premium paid to the auctioneer by the buyer be recorded as an expense of the City related to this transaction. The amount of this appropriation is over twice the reserve price premium amount. Should the appropriation need to be increased an amendment will be forthcoming at the second hearing. Below is an article written by an auctioneer that articulates why the premium should be considered as a transaction of the seller. “First, the property being sold belongs to the seller and not the auctioneer. The buyer’s premium is merely part of the purchase money paid by the buyer for the property, so it can belong only to the seller. There is no consideration passing from an auctioneer to a buyer that would entitle the auctioneer to receive any part of this payment. An auctioneer’s receipt of any compensation from an auction, including any portion of the buyer’s premium, comes solely in the form of selling commission or cost reimbursement paid by the seller and as expressly provided by the auction contract.” The article goes on to explain that the auctioneer cannot keep the premium without the seller’s consent and that the payment of the premium should be authorized in the contract as ours does. Accordingly, the Auditor of State requires the premium be recorded and the City record a revenue and an expenditure for the same amount related to this component of the transaction. This expenditure should be appropriated but need not be encumbered. This appropriation will allow the City to comply with the Auditor of State requirements for recording this transaction. Initiating Department: Finance (Section 3) Sections 4 through 6 of this Ordinance contain the appropriations necessary to execute the acquisition approved in Ordinance 01-23 for parcel 273-009086 from Vivo Living Dublin LLC for the purpose of constructing a bridge crossing over I-270 and provides for additional funding for demolition. This acquisition was approved to be debt financed in the 2023-2027 Capital Improvements Plan. The debt issuance necessary to fund this project will occur later in 2023. Until the funding from that debt issuance is received, Ordinance 36-23 – Amending the Annual Appropriations for Fiscal Year Ending December 31, 2023 Page 4 the necessary funding for this acquisition will be advanced from the General Fund. The repayment of this advance is anticipated prior to the end of 2023. Additionally, because a part of the parcel is not required for the construction of the bridge and may be used for economic development purposes in the future, it is not eligible to be financed with the public improvement debt issuance. It can be debt financed using non-tax revenue debt or cash funded. Because the property could potentially be transferred by the City after the construction of the bridge is completed, this ordinance appropriates funding from the General Fund to cash finance this component of the acquisition. This will allow the City to deposit any proceeds from the eventual transfer of the remaining property back into the General Fund. The estimated proportional cost for this component of the acquisition is less than $600,000. Section 4 requests an increase of $2,400,000 in appropriations from the General Fund to execute Ordinance 01-23. Of this amount $1,800,000 is advance appropriations from the General Fund to the Capital Improvements Construction Fund and $600,000 will be for land acquisition. Initiating Department: Finance (Section 4) Section 5 requests an increase of $900,000 in appropriations in the Capital Improvements Construction Fund. Initiating Department: Finance (Section 5) Section 6 requests an increase of $11,000,000 in advance appropriations in Capital Improvements Construction Fund. Initiating Department: Finance (Section 6) Sections 7 through 10 of this Ordinance reallocate appropriations and are budget neutral with reductions in some accounts off-setting the increases in other accounts. There were several variables impacting Other Wages in 2023 that made budgeting these accounts difficult, including wage increases for part-time staff and the difficulty in hiring part-time staff in 2022. Fortunately, the increases in part-time pay and the changing labor market created a better staffing situation in 2023. As a result, several of these accounts need additional funding. In some of these accounts, the additional expenditures have been off-set with additional revenues being earned by being able to provide additional revenue generating services, such as the ability to hold additional summer camps as compared to 2022. In the Other Wages – Park Operations account, the salary increases resulted in the hiring of additional 3- month seasonal employees as compared to the prior year, but hiring 9-month seasonal employees remained challenging resulting in the unused appropriations being unappropriated and redistributed below. As the 2024 Operating Budget is being considered staff are evaluating potential changes to the current 9-month seasonal staffing model moving forward. Section 7 requests $67,000 in funding be unappropriated from the Pool Fund for Recreation furniture and equipment and to be appropriated to the Pool Fund for Recreation other wages. Pool Fund | Other Wages 22680440-731000 Furniture/Equipment $ (67,000) 22640440-701104 Other Wages $ 67,000 Ordinance 36-23 – Amending the Annual Appropriations for Fiscal Year Ending December 31, 2023 Page 5 Initiating Department: Recreation (Section 7) Section 8 requests $125,000 in funding be unappropriated from General Fund Parks Operations and to be reappropriated to the Recreation Fund for DCRC other wages. General Fund | Parks Operations 10140430-701104 Other Wages $ (125,000) Recreation Fund | DCRC Operations 22540441-701104 Other Wages $ 125,000 Initiating Department: Recreation (Section 8) Section 9 requests $70,000 in funding be unappropriated from Recreation Fund DCRC Operations other expenditures and to be reappropriated to the Recreation Fund Recreation Services other wages. Recreation Fund | DCRC Operations 22540441-734003 Sports and Recreation Equipment $ (70,000) Recreation Fund | Recreation Services 22540440-701104 Other Wages $ 70,000 Initiating Department: Recreation (Section 9) Section 10 requests $24,000 in funding be unappropriated from General Fund Horticulture and to be reappropriated to the Cemetery Fund for other wages. General Fund | Horticulture 10140433-701104 Other Wages $ (24,000) Cemetery Fund | Cemetery 26160432-701104 Other Wages $ 24,000 Initiating Department: Recreation (Section 10) Recommendation Staff recommends City Council approval of Ordinance 36-23, amending the Annual Appropriations for the Fiscal Year Ending December 31, 2023, at the second reading and public hearing of the Ordinance on September 25, 2023. Ord. Section Q3 Fund Fund DescriptionBeginning Cash Balance as of 1/1/2023Supplemental Appropriations Request (Q1) Ord No. 10-23Supplemental Appropriations Request (Q2) Ord No. XX-23Supplemental Appropriations Request (Q3) Ord No. XX-23 Budgeted Appropriations Encumbrances as of 1/1/2023Budgeted Revenues Increases/ Reduction of Budgeted RevenuesEnding Cash Balance After Supplemental Appropriations as of 3, 4, 8, 10 101 General Fund $63,842,013 $100,000 $7,100,000 $2,151,000 $92,022,875 $7,242,765 $78,208,910 $11,000,000 $44,434,283 8,9 225 Recreation Fund $2,240,622 $0 $0 $125,000 $7,845,895 $578,060 $7,193,875 $0 $885,543 7 226 Pool Fund $275,106 $0 $0 $0 $1,184,275 $44,382 $1,120,000 $0 $166,449 10 261 Cemetery Fund $170,111 $0 $0 $70,000 $199,055 $4,268 $182,000 $24,000 $102,788 5, 6 404 Capital Improvements Construction Fund $2,704,463 $1,000,000 $0 $11,900,000 $10,107,500 $180,985 $10,105,000 $11,000,000 $620,977 1, 2 401 Capital Improvements Tax Fund $45,194,025 $260,000 $10,155,000 $3,665,000 $48,429,345 $23,289,612 $46,821,115 $0 $6,216,183 Total Supplemental Appropriations Requested$17,911,000 (3) - Estimates ending cash balance without further adjustments in expenditures or revenues for 2023.City of Dublin, OhioExhibit ANOTES:(1) - Assumes all budgeted appropriations/encumbrances for 2023 are expended.(2) - Assumes all budgeted revenues for 2023 are collected.