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AHEAD AND GET STARTED THEN? UM, IT'S, UH,[1. Call Meeting To Order/Roll Call]
UH, WEDNESDAY, DECEMBER 16TH AT APPROXIMATELY SIX 32, UH, CALL THE MEETING OF THE ORDINANCE REVIEW COMMISSION.UH, THE ORDER AT THIS POINT, TONY, WOULD YOU READ THE ROLL CALL PLEASE? YEAH.
MR. HENDRIX, MR. KITCHEN, MR. OTTO HERE, MR. RAMZI HERE.
[2. Approval of Minutes]
IN BY VIA EMAIL COPY OF THE, UM, MINUTES FROM THE NOVEMBER 18TH, UH, MEETING.UM, I DO HAVE A COUPLE OF COMMENTS, UH, ABOUT THE MINUTES AND A COUPLE, UH, AREAS FOR CLARIFICATION, IF I COULD BRING THEM UP.
AND THEN IF ANYONE ELSE HAS ANY COMMENTS, I'LL BE GLAD TO HEAR THEM.
UM, THE ONE ISSUE THAT I HAD, AND I RAISED THIS WITH TONY WHO RAISED IT WITH, UH, UH, JERRY MCDONALD IS THE LACK OF A DEFINITION FOR THE WORD DESIGNEE, UH, AS IT APPEARS THROUGHOUT, UH, THIS, THE CODE SECTIONS THAT WE LOOKED AT.
AND, UM, AND I, AND I, I, UM, TONY, I GOT YOUR EMAIL FROM EARLIER, THE STAFF LATER, YOU KNOW, LATE THIS AFTERNOON FROM JERRY ABOUT, UH, DEFINING THE TERM DESIGNEE, AS I INDICATED IN MY EMAIL TO YOU AND TO THAT WAS RELATED TO JERRY.
MY CONCERN IS THAT IT, NOWHERE IS THAT ACTUALLY DEFINED ANYWHERE IN ANY OF THE STATUTES, UH, NOR IN THE DEFINITIONAL SECTION.
UM, AND I JUST HAVE A LITTLE CONCERN AS TO THE VAGUENESS OF WHO COULD POTENTIALLY BE A DESIGNEE OF THE CITY MANAGER.
UM, AND IF I MAY I'LL READ THAT, UH, ONE OF THE SUGGESTIONS THAT, UH, JERRY MADE WAS THAT WE, YOU ADD A DEFINITION IN THE DEFINITIONS SECTION OF THE CITY CODE THAT WOULD DEFINE DESIGNEE AS A SIT OFF CITY OFFICIAL, AUTHORIZED TO UNDERTAKE CERTAIN ACTS.
AND FOR ME, THAT WOULD SATISFY MY CONCERN BECAUSE AT LEAST THAT WAY WE'RE, WE KNOW THAT HE'S, THE CITY MANAGER WOULD BE DELEGATING TO SOMEONE WHO IS A CITY OFFICIAL AS THAT TERM IS USED IN THE CODE AND THE CHARTER.
SO I'M OKAY WITH THAT RECOMMENDATION.
I DON'T KNOW IF ANYONE ELSE HAS ANY COMMENTS OR WOULD WANT TO CHIME IN ON THAT.
UM, WE CAN MAKE THAT AS OUR RECOMMENDATION TO THE, UH, TO COUNCIL COMING OUT OF TONIGHT'S MEETING THEN.
YEAH, PROBABLY THIS PART OF THE DISCUSSION WOULD BE MORE APPROPRIATE TO, UM, WHEN WE'RE REVIEWING THE WORKSHEETS.
UM, THIS RIGHT HERE IS THE ACTUAL APPROVAL OF THE MINUTES FROM THE LAST TIME.
SO TH THE MANAGER WOULD PROBABLY BE APPROVED AND THEN THAT WOULD COME UP.
I DIDN'T KNOW WHEN WE WOULD WANT TO DISCUSS THAT SINCE IT WAS PART OF THE PART OF THE MINUTES.
THEN IS THERE ANY OTHER, UH, QUESTIONS OR COMMENTS CONCERNING THE MINUTES AS PRESENTED THEN? ALL RIGHT.
SEEING NONE, UH, THEY WILL BE ACCEPTED AND ADOPTED AS PRESENTED, UH, MOVING ON TO THE TOPICS OF DISCUSSION, WHICH NOW IS
[ Legislation Worksheets Review]
THE L THE, THE LEGISLATION WORKSHEET REVIEW, WHICH WAS INCLUDED IN THE PACKET AS PART OF THE MINUTES.UM, AGAIN, I THINK I I'VE, I BROUGHT UP THE ONE POINT THAT I WANTED TO BRING UP REGARDING, UH, THE, THE, THE REVIEW AND THE STATUS.
UM, SO I WOULD, AGAIN, I GUESS AT THIS POINT, RE NEW MY COMMENTS AND MY, MY SUGGESTED, SUGGESTED RE UH, RECOMMENDATIONS GOING TO COUNCIL, IF THERE'S ANY, IS EVERYBODY OKAY WITH THAT? OR ANY CHANGES OR FURTHER DISCUSSION ON THAT POINT? OKAY.
IN THE INTEREST OF, UM, SOME ORDER, AND IT IS A LITTLE DIFFICULT TO DO THESE MINUTES AND, AND TRACK THE WORKSHEETS AND THINGS.
UM, I DIDN'T KNOW IF YOU GUYS, UH, THE LAST TIME WHEN WE DID THE ORDINANCE REVIEW COMMISSION, WE HAD, UM, YOU KNOW, AT EACH MEETING SUBSEQUENTLY REVIEWED THE WORKSHEETS FROM THE PREVIOUS MEETING TO KIND OF GET A STATUS UPDATE AND WHERE THEY'RE AT AND DECIDE THE NEXT STEPS.
SO I DON'T KNOW IF IT'D BE EASIER JUST TO GO, UH, WITH THAT WORKSHEET FROM THE LAST MEETING
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AND TO GO DOWN THE LIST IN ORDER AND CORRESPONDENCE TO THE MEMO THAT, UH, MR. MCDONALD DID PROVIDED WITH, UH, THE AREAS WHERE HE WAS ASKED TO PROVIDE FEEDBACK SO THAT WE COULD DOCUMENT ALL YOUR RECOMMENDATIONS IN A SYSTEMATIC WAY.UH, WHATEVER'S THE MOST, UH, UH, EXPEDITIOUS WAY OF PROCEEDING IT'S STUFF.
SO WE HAVE IN FRONT OF US, THE, UH, THE, UH, ORDINANCE REVIEW COMMISSION WORKSHEET FROM THE NOVEMBER 18TH MEETING, UM, THE, UH, I GOTTA FIND MY NOTES NOW AS WELL.
JERRY TRIED TO DO, UH, HIS FEEDBACK MEMORANDUM AND THE PARALLEL, THE, SO THAT YOU GUYS COULD JUST CROSS REFERENCE THOSE RATHER EASILY THEN.
UM, WITH REGARD TO HIS, UH, THE MINUTES DEALING WITH, UH, THE FIRST, UH, SECTION, WHICH WAS ONE OH 1.02, UM, HE WAS GOING TO, UH, JERRY WAS GOING TO, UM, REVIEW THE, UH, STATEMENT IF, UH, THERE NEEDS TO BE ANYTHING ADDED REGARDING AUTOMATIC UPDATES.
HIS DEFINITIONS ARE CHANGED THE OHIO REVISED CODE LEVEL.
AND I BELIEVE HE'S UNDERTAKING THAT REVIEW.
IN HIS MEMO, HE HAD INDICATED THAT, UM, HE HAD REVIEWED ALL THE DEFINITIONS IN THE GENERAL DEFINITION SECTION ONE OH 1.02, HE RECOMMENDED THE FOLLOWING CHANGES.
UM, FIRST, UH, THAT COUNTY MEANS MONTGOMERY COUNTY OR MIAMI COUNTY CROSSING OUT GREEN COUNTY BECAUSE THE CITY NO LONGER HAS ANY PARCELS IN GREEN COUNTY.
AND THE REST OF THAT SENTENCE, WE'RE SAYING MEANS THE COUNTY WHERE THE PART OF THE CITY IS SITUATED.
UM, THEN HE ALSO RECOMMENDED A STATEMENT LAND OR REAL ESTATE INCLUDES RIGHTS, AND HE'S MINTS OF AN INCORPORATE NATURE.
AND HE CHANGED THE OHIO REVISED CODE REFERENCE NUMBER, UH, THAT, I GUESS THERE'S AN UPDATED ORC REFERENCE NUMBER AT THIS POINT.
UM, HE ALSO INDICATED A CHANGE TO THE SECTION WHERE IT SAYS OWNER WHEN APPLIED TO PROPERTY INCLUDES ANY PART OWNER JOINT OWNER OR TENANT AND COMMON OF THE WHOLE, OR PART OF SUCH PROPERTY AND REMOVE THE ROC CITATION THERE THAT, UM, IS INAPPROPRIATELY APPLIED TO THAT ONE.
UM, HE ALSO LISTED PERSON, UH, INCLUDES AN INDIVIDUAL CORPORATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST ESTATE, TRUST, PARTNERSHIP, AND ASSOCIATION.
AND HE ADDED THE ORC REFERENCE TO 1.59 PARAGRAPH C, WHICH IS THE APPROPRIATE CITATION FOR THAT.
AND THEN HE PROVIDED SOME FEEDBACK ON, UM, THERE HAD BEEN A DISCUSSION AMONGST THE COMMISSION ABOUT DEFINING OFFICERS OR OFFICIALS, UM, VERSUS EMPLOYEES.
AND, UH, HE PROVIDED SOME ANALYSIS ON THIS FOR THE COMMISSION TO CONSIDER, UM, IN LIGHT OF A REVIEW OF THE CITY CHARTER AND, AND THE CITY CODE AS IT CURRENTLY STANDS.
UM, DOES ANYONE HAVE ANY QUESTIONS OR UP? I DON'T HAVE ANYTHING ON THIS SUBJECT.
I HATE TO INTERRUPT, BUT TONY, I JUST GOT A PHONE CALL FROM JOE HENDRIX.
UH, COULD YOU RE SEND HIM A LINK? YEAH.
JUST FOR CLARIFICATION FOR EVERYBODY, THE LINK IS AUTOMATICALLY GENERATED IN THE CALENDAR INVITATION.
UM, AND SO THAT WHEN YOU ACCEPT THAT OR GET THAT, THAT'S WHERE YOU WOULD FIND IT.
I THINK THERE'S BEEN SOME CONFUSION ABOUT THAT.
AND ADDITIONALLY, I WAS CONFUSED ABOUT THAT.
I WAS LOOKED IN MY EMAIL FOR THAT, BUT I'VE GOTTEN USED TO IT AT THIS POINT.
MY EMAIL, UH, JUST THE, UH, EMAIL PROGRAM I'M USING AUTOMATICALLY SENDS YOUR EMAILS TO, UM, THE TRASH BAN AFTER I HIT ACCEPT.
SO IF I HIT ACCEPT FOR THE MEETING, I DO GET A NOTICE, BUT THE EMAIL'S GONE.
AND THEN IT SHOULD JUST LEAVE THAT LINK IN YOUR CALENDAR.
I THINK NOW I FIGURED THAT OUT TOO.
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I, I I'VE RE SENT IT TO HIM AS WELL.PROBLEM I HAVE IS MY CALENDAR IS AT THE COW AT THE COMPUTER AT WORK AND IT DOESN'T TRACK OVER TO MY LAPTOP AT HOME.
WELL, WE CAN TRY TO LOOK AT ANOTHER WAY TO SEND OUT THE MEETING LINK.
SO WE'RE GOING TO HAVE TO CONTINUE TO DO REMOTE MEETINGS.
WELL, IT CAME UP ON MY WATCH, BUT YOU GUYS WOULD BE REALLY TINY IF I WAS TRYING.
SO, UM, GETTING BACK TO ONE OH 1.02 AND THE RECOMMENDED, UH, YOU KNOW, I, I, I THINK I WAS SATISFIED WITH, UM, JERRY MCDONALDS COMMENT, AND I THINK PROBABLY THAT, THAT WOULD BE A, WE COULD PROBABLY CHECK THAT SECTION OFF OF OUR TO-DO LIST.
I WOULD, I WOULD GUESS UNLESS SOMEBODY WANTS TO ANYTHING FURTHER IN THAT KATHY ONLY ONE HE KIND OF LEFT OPEN WAS IF THE COMMISSION WANTED TO GO INTO MORE DETAIL IN AND CONSTRUCTING A DEFINITION FOR OFFICER OR OFFICIAL, UM, HE STATING SOME, YOU KNOW, DIFFERENCES IN THAT, YOU KNOW, IN HIS MEMORANDUM HERE'S JOE.
UM, SO IF YOU, IF YOU WANT TO PURSUE THAT, WE COULD KEEP THAT PART OF IT ON IT, BUT, UH, YOU COULD AGREE TO THE REST OF THE RECOMMENDATIONS THAT'S MADE BASED ON HIS, UH, LEGAL REVIEW OF THAT SECTION.
MY PERSONALLY, JOE, TO KIND OF BRING YOU UP TO SPEED WHAT WE'RE DOING.
UH, WE'RE GOING THROUGH THE, UM, THE WORKSHEET THAT WAS INCLUDED IN THE MINUTES FROM THE NOVEMBER 18TH MEETING INDICATING THIS VARIOUS SECTIONS IN THE STATUS OF EACH, UH, WORK ITEM.
AND THEN WE'RE KIND OF CROSS-REFERENCING THAT TO JERRY MCDONALD'S, UM, MEMORANDUM THAT HE, UH, PRODUCED IN RESPONSE TO THE QUESTIONS THAT WE THOUGHT THE LAW DIRECTOR NEEDED TO REVIEW.
SO WE JUST GOT STARTED ON THAT.
SO, UM, WE WEREN'T VERY FAR ALONG.
SO THE NEXT SECTION, UH, IN THE WORKSHEET IS ONE OH 1.03, UH, RULES OF CONSTRUCTION.
AND, UM, HE REVIEWED THAT SECTION AND ACCORDING TO HIS MEMORANDUM, HE, HE FOUND THAT NO DEFINITIONAL CHANGES WERE NEEDED, UH, TO THE RULES OF CONSTRUCTION.
UM, SO I THINK WE CAN, YOU KNOW, BASED ON THAT, UNLESS ANYBODY ELSE HAS ANY ADDITIONAL INPUT WITH REGARD TO THOSE, WE COULD PROBABLY CHECK THAT OFF AT THE WORKSHEET AS WELL AS BEING COMPLETED.
UH, THEN THE NEXT, UM, IS ONE OH 1.99.
AND HE, UM, DID NOT RECOMMEND IN CHANGING THIS SECTION.
UM, THERE WAS AN ISSUE DEALING WITH THE, UM, UH, WHAT CONSTITUTES A DAY, WHETHER THAT WOULD NEED TO BE DEFINED.
AND, UM, YOU KNOW, THAT THE LANGUAGE IN OUR STATE IN OUR ORDINANCE IS, UH, UM, WHAT HE CALLS.
HE SAYS A STANDARD AND ACCEPTED LANGUAGE IN THE COURTS, UM, WHICH PROBABLY IF THAT'S SOMETHING THAT THE COURTS ARE USED TO USING IN DEFINING, UH, AND, AND MAKING A JUDICIAL CONSTRUCTION OF OUR ORDINANCES, THEN PROBABLY IF THAT'S THE STANDARD PRACTICE, I'D SAY PROBABLY THAT'S FINE.
UM, UH, SO AT THIS POINT, I GUESS WE CAN MARK THAT ONE OFF AS, AS BEING COMPLETED.
UM, THE NEXT SECTION THAT HE LOOKED AT WAS THE SECTION DEALING WITH, UM, THE DATES FOR THE PRIMARY ELECTIONS.
UH, AND THERE WAS SOME DISCUSSION AS TO CLARIFICATION MAYBE NEEDED TO ESTABLISH THAT THE S THE CITY'S PRIMARY ELECTIONS ARE HELD ON THE SAME DATE AS ESTABLISHED FOR CONDUCTING A PRIMARY ELECTIONS IN THE STATE OF OHIO.
AND HE RECOMMENDED LANGUAGE, UH, THAT, UH, THE ADDED, UH, OR ACTUALLY ONE OH ONE OH 7.01 B CHANGED.
AND HE WAS RECOMMENDING THAT NON-PAR, IT'D BE CHANGED TO READ NONPARTISAN PRIMARY ELECTION SHALL BE HELD FOR THE NOMINATION OF CANDIDATES FOR
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THE OFFICES OF MAYOR AND COUNCIL MEMBER ON THE SAME DATE ESTABLISHED FOR CONDUCTING PRIMARY ELECTIONS BY THE COUNTY BOARD OF ELECTIONS AND IN THE SAME CALENDAR YEAR IN WHICH ELECTION OF APPROPRIATE CITY OFFICERS FIRST.UM, SO THAT BASICALLY TIES OUR PRIMARY ELECTIONS TO THE ELECTIONS THAT TAKE PLACE IN MONTGOMERY COUNTY, WHICH I BELIEVE THEN REFERS BACK TO THE STATE OF OHIO PRIMARY.
AND THAT WOULD, AND I THINK I WAS THE ONE ON THE, RAISED THE QUESTION ABOUT SOME CLARIFICATION ON THAT, AND I'M OKAY WITH THAT LANGUAGE BEING AT, YOU KNOW, THAT SECTION DIDN'T CHANGE.
UM, THE NEXT SECTION DEALT WITH, UM, SOME QUESTION ABOUT, UM, WHAT KIND OF INSTITUTES, A STATE OF EMERGENCY AND HOW MANY PERSONS MUST BE PARTICIPANT IN THE ACTIVITY, UH, THAT WOULD CREATE A, UH, UH, STATE OF EMERGENCY BEING DECLARED.
AND THEN, UM, UH, HE, I ADDED SOME LANGUAGE OR HE, HE SUGGESTED THAT, UM, THAT THE NUMBER CAUSE THE ORIGINAL GORDON SAYS WHEN A GROUP OF THREE OR FOUR PEOPLE ACT TOGETHER WITH THE INTENT TO COMMIT A FELONY OR COME TO COMMIT VIOLENCE ON PERSONS OR PROPERTY, AND HE WAS RECOMMENDING OR SUGGESTING, WE MIGHT WANT TO CONSIDER DELETING THAT AND PUTTING IN LANGUAGE THAT IS KIND OF MORE GENERAL, BUT PROBABLY A LITTLE BIT MORE SPECIFIC IN TERMS OF WHAT CONSTITUTES AN EMERGENCY SAYS WHEN THERE IS A TOME TO MALT RIOT, MOB, OR BODY OF PEOPLE ACTING TOGETHER WITH THE INTENT TO COMMIT A FELONY OR TO DO OR OFFER VIOLENCE TO PERSON OR PROPERTY, OR BY FORCE AND VIOLENCE TO BREAK OR RESIST THE LAW OR IN THE EVENT OF A DISASTER AFFECTING LIFE AND PROPERTY, AND WHICH SUBSTANTIALLY IMPAIRS THE FUNCTIONING OF THE CITY GOVERNMENT AND ITS ABILITY TO PROTECT THE LIVES AND PROPERTY OF THE PEOPLE, UM, THAT I THINK GIVES A LITTLE BIT MORE SUBSTANCE THAN THREE PEOPLE GETTING TOGETHER TO TOILET PAPER, SOMEBODY YEAH.
UH, OR SOMETHING OF THAT NATURE.
UM, AND, UH, HE ALSO SUGGESTED THE SECTION B OF NINE ONE OH 9.1 THAT, UM, THE PHRASE THAT'S IN THE CODE RIGHT NOW SAYS A MANMADE OR NATURAL DISASTER, AND THAT HE SUGGESTED THAT JUST BE CHANGED TO A NATURAL OR OTHER DISASTER, UM, WHICH WOULD OBVIOUSLY INCLUDE A, UH, AN ARTIFICIAL MANMADE OR PERSON MADE OR WHATEVER, UM, CHANGE.
UM, SO WITH REGARD TO HIS CHAIN SUGGESTED CHANGES TO ONE OH 9.01.
IS THERE ANY COMMENT OR ADDITIONAL DISCUSSION? IS EVERYBODY OKAY WITH SUBMITTING THAT TO THE COUNCIL THEN? OKAY.
SEEING AND HEARING NO OBJECTION.
WE'LL GO AHEAD AND MAKE THAT RECOMMENDATION COMING OUT OF THE COMMITTEE.
UM, THEN ONE OH 9.02, UM, THIS WAS THE FIRST POINT WHERE THE ISSUE OF AN UNDEFINED DESIGNEE BEING, UH, UM, UH, DISCUSSED.
AND IT WAS RECOMMENDED THAT HE PUT OR OTHERIZED OR AUTHORIZED ACTING CITY MANAGER, WHICH I THINK PROBABLY THE, I WOULD, I PREFER THAT ACTUALLY THERE, EVEN OVER A P OF A DEFINED, UM, OF DESIGNEE, BECAUSE I THINK, YOU KNOW, WHEN YOU'RE CALLING AND DECLARING AN ACTUAL EMERGENCY, I WOULD THINK IT SHOULD BE SOMEONE, UH, SIGNIFICANTLY HIGH UP THE BUREAUCRATIC LADDER TO MAKE THAT CALL.
AND SO I PERSONALLY LIKED THE IDEA OF EITHER THE CITY MANAGER OR AUTHORIZED ACTING CITY MANAGER AND TONY, CAN YOU, YOU MIGHT BE ABLE TO TELL ME THAT IN YEARS PAST THAT IF THE CITY MANAGER WAS GOING TO BE OUT OF TOWN FOR ANY LENGTH OF TIME, TYPICALLY HE WOULD DESIGNATE, OR SHE WOULD DESIGNATE SOMEONE, THE POLICE CHIEF, OR THE FIRE CHIEF, OR SOMEONE TO SERVE AS ACTING CITY MANAGER IN HIS OR HER ABSENCE.
IS THAT STILL THE PROCESS THAT'S STILL THE PRACTICE.
AND, UH, IF IT'S GOING TO BE FOR A SIGNIFICANT AMOUNT OF TIME THAT IT'S DONE THROUGH IN WRITING
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AND, UH, IT'S TYPICALLY ONE OF THE ASSISTANT CITY MANAGERS IS THE PERSON THAT GENERALLY PERFORMS THAT ROLE.AND I THINK THAT THAT'S EVEN BETTER THAN PUTTING IN, YOU KNOW, UH, JUST A DEFINITIONAL OF A DESIGNEE.
CAUSE I LIKE PERSONALLY, I LIKE THAT.
SO IS EVERYONE OKAY WITH THAT CHANGE? OKAY.
UM, AND THEN ONE OH 9.03, UM, HE ADDED TO THE LIST OF POWERS THAT THE MUNICIPAL OFFICER, UM, WANTS AN EMERGENCY IS DECLARED CAN DO.
UM, SEVERAL THINGS, UH, THAT ARE SPECIFICALLY LISTED.
ONE WAS ESTABLISH A CURFEW TO PROHIBIT PROHIBIT THE SALE OF INTOXICATING BEVERAGES AND FIREARMS RESTRICT THE ASSEMBLAGE OF THREE OR MORE PERSONS, UH, RESTRICT THE MOVEMENT OF PERSONS OR PROPERTY INTO OR OUT OF THE AREA.
AND THE, HE SUGGESTED WE ADD, TAKES OTHER, SUCH OTHER ACTION ALLOWED UNDER LAW THAT IS DEEMED APPROPRIATE.
UM, NOW I GUESS MY ONLY QUESTION IS THAT LANGUAGE KIND OF BEGS THE QUESTION IN MY OPINION.
AND WHEN IT SAYS, UH, ALLOWED UNDER LAW, WHAT, WHAT LAW ARE WE, YOU KNOW, TALKING ABOUT IS THE, OH, I THOUGHT THE ORDINANCE WAS THE LAW.
SO I WOULD, I THINK I WOULD LIKE SOME ADDITIONAL MAYBE CLARIFICATION ON THAT, THAT PARTICULAR POINT, YOU KNOW, WHEN IT SAYS UNDER, ARE WE TALKING ABOUT A HIGHER LAW, UH, AND ARE THERE, IS THERE OHIO LAW THAT WOULD APPLY INTO A STATE OF EMERGENCY? I MEAN, I JUST PERSONALLY, I JUST DON'T KNOW THE ANSWER TO THAT QUESTION.
I FEEL LIKE I'M RUNNING THE, DOING ALL THE TALKING.
UM, WELL ADDITIONALLY, I WOULD SAY, UH, THAT IS DEEMED APPROPRIATE.
IT'S PRETTY GENERALIZED AS WELL.
WHO DEEMS THE APPROPRIATENESS AND HOW DOES THAT TAKE PLACE? THAT SEEMS LIKE A VERY GENERALIZED STATEMENT.
I THINK THIS THAT'S, THAT NEEDS TO PROBABLY GO BACK TO JERRY FOR A LITTLE BIT MORE, UM, UM, INPUT AND CLARIFICATION FROM HIM AS TO WHAT, YOU KNOW, THE ANSWER TO THOSE QUESTIONS UNDER WHAT LAW IS HE LOOKING AT.
AND, YOU KNOW, IS WHEN IT'S DEEMED APPROPRIATE, WHO IS THAT DEEMED APPROPRIATE AS, UH, AS YOU KNOW, BY THE PERSON MAKING THE, UH, ISSUING THE ORDER OR, OR IS IT A COURT OR, YOU KNOW WHAT, YOU'RE RIGHT.
WHO, WHO DEEMED THAT TO BE APPROPRIATE, RIGHT.
JUST BEFORE WE MOVE ON FROM THAT, I JUST WANT TO MAKE SURE THAT BEFORE WE SEND HIM THAT TASK TO KIND OF DEFINE THAT MORE SPECIFICALLY, I KNOW THERE WAS SOME DISCUSSION, I THINK MAYBE GLEN OR SOMEONE MENTIONED LAST TIME THAT THEY QUESTIONED THE NEED TO HAVE SUCH A GENERAL STATEMENT THAT, UM, I DON'T WANT TO PUT WORDS IN YOUR MOUTH CLEANSE, BUT I THINK THERE WAS SOME DISCUSSION ABOUT, DO WE EVEN NEED THIS BROAD STATEMENT? SO I WANT TO MAKE SURE THERE'S CONSENSUS AMONGST THE COMMISSION THAT SOMETHING LIKE THIS IS, IS NEEDED, UH, BECAUSE THIS IS AN ADDITION TO THE CODE, UH, BEFORE WE SPENT A LOT OF TIME, PERHAPS TRYING TO DEFINE IT IN A WAY THAT, UH, YOU KNOW, IS WORKABLE.
I THINK AGAIN, IF WE SEE IT AS BEING OVERLY GENERALIZED, I MEAN, DO WE NEED IT? UH, IF IT, IF IT DOESN'T REALLY PROVIDE ANY SPECIFIC ACTION IN ADDITION TO, WHAT'S ALREADY BEEN PUT OUT THERE BECAUSE WHAT'S ALREADY, THERE SEEMS, I MEAN, WE'RE TALKING TO A STATE OF EMERGENCY SITUATION, YOU KNOW, THINGS SHOULD BE KIND OF SPECIFIC IN THOSE CASES.
IT MAY NOT BE NECESSARY WHATSOEVER.
I COULD SEE, LIKE IN A STATE OF EMERGENCY THAT WHOEVER'S DOING, IT IS NOT TO HAVE THE GO SEE UNDER LAW.
THEY'RE NOT GOING TO BE LIKE, OKAY, I'M NOT GOING TO HAVE TIME TO LOOK UP OHIO REVISED CODE AND SEE EXACTLY WHAT I'M ALLOWED TO DO.
I'M GOING TO ASSUME I'M ALLOWED TO DO ANYTHING I WANT.
AND THEN TAKE, TAKE, UH, GET PUNISHED LATER.
WE GOT SOME ESTABLISHED THINGS THAT WE'RE ALLOWED TO DO.
SO WHAT, WHAT SEEMS TO BE THE GENERAL CONSENSUS TO NOT ADDING LANGUAGE AT ALL, OR TRYING TO, UH, KEEP THE LANGUAGE IN, BUT GIVE IT, BUT TAILORING IT IN SOME FASHION.
I I'M, I'M OKAY WITH, YOU KNOW,
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LIKE I SAY, I PERSONALLY, I THINK PROBABLY THE ENUMERATED STEPS THAT CAN BE TAKEN UNTIL SUCH TIME THAT BECAUSE AGAIN, THE STATE OF EMERGENCY AND THE ACTIONS ARE TAKEN BY THE CITY MANAGER OR THE, UM, UH, ACTING CITY MANAGER HAVE TO BE RATIFIED WITHIN A RELATIVELY SHORT PERIOD OF TIME BY COUNCIL AS A WHOLE.UM, SO IT'S NOT SOMETHING THAT'S GOING TO BE, UH, IN PLACE A LONG PERIOD OF TIME.
SO MAYBE THOSE STATED THINGS THAT ARE IN THE ALREADY IN THE CODE ARE PROBABLY SUFFICIENT.
LEN, DO YOU HAVE ANOTHER COMMENT? MY PERSONAL OPINION WOULD BE, UM, UH, I DON'T KNOW THAT IT'S ACTUALLY NECESSARY.
I THINK WE COULD LIVE WITHOUT IT, BUT IF WE'RE GOING TO HAVE IT IN, I THINK IT SHOULD BE A LITTLE BIT MORE, UH, NARROWLY DEFINED TO SAY, YOU KNOW, TO DEFINE THOSE ACTIONS UNDER WHAT LAW AND WHO DEEMS APPROPRIATENESS.
I MEAN, EVEN IF IT'S JUST A SPECIFICATION OF THE PERSON WHO DECLARED THE EMERGENCY, UM, BUT YEAH, I'M OKAY WITHOUT HAVING IT AT ALL, HONESTLY, BUT IF WE HAVE IT, I THINK IT SHOULD BE A LITTLE MORE NARROW AND SPECIFIC.
ANY OTHER COMMENT ABOUT WHETHER OR NOT WE NEED TO HAVE IT IN THERE OR JUST LET IT GO AND HAVE THE ORDINANCE AS SAM? HUH? YEAH.
JEN, THE ONLY THING I'M KIND OF RACKING MY BRAIN, TRYING TO THINK OF WHAT OTHER ACTION THERE WOULD BE.
UM, BECAUSE WE HAVE GIVEN HIM PERMISSION TO ESTABLISH A CURFEW, FIREARMS, ALCOHOL, UH, RESTRICT THE ASSEMBLY OF TWO OR MORE PERSONS THAN RESTRICT THE MOVEMENT OF PERSONS IN AND OUT.
I DON'T KNOW WHAT OTHER APPROPRIATE ACTIONS THAT NEED TO BE GRANTED.
I CAN'T THINK OF ANY OFF HAND, BUT I HAVE A BROAD, IT'S A BROAD STATEMENT.
I'M KIND OF THE SAME WAY IN THE SENSE.
I'M NOT SURE I CAN REALLY THINK OF, YOU KNOW, IN, UH, YOU KNOW, UH, NOW SURE AS WE'RE SITTING HERE, WE'LL HAVE AN EMERGENCY AND WE'LL ALL THINK OF THAT ONE THING THAT WE SHOULD HAVE HAD ON THE LIST.
THAT'S NOT THERE, BUT AS WE SIT HERE TODAY, I AGREE WITH YOU.
I THINK PROBABLY THOSE THINGS ARE PROBABLY A BROAD ENOUGH BECAUSE AGAIN, LIKE I SAY, IT'S ONLY FOR A SHORT TERM PERIOD OF TIME IT'S GOING TO HAVE TO COME BACK AND COUNCIL WOULD THEN BE ABLE TO MODIFY WHATEVER THE DECLARATION OF EMERGENCY IS TO, UM, ADDRESS AND DEAL WITH THE CIRCUMSTANCES AS A, UH, HAVE PRESENTED THEMSELVES.
SO I THINK THESE PROBABLY THE STATED THINGS PROBABLY ARE SUFFICIENT TO GET US TO THAT POINT, UH, AND PROTECT THE PEOPLE AND THE PROPERTY WITHIN HUBER HEIGHTS IN THE INTERIM.
AND THAT'S THE WHOLE PURPOSE OF THE, THE ORDINANCE IN THE FIRST PLACE.
SO I'M OKAY WITH LEAVING, YOU KNOW, JUST, JUST NOT ADDING THING TO THAT.
SO, UM, I, TONY, I THINK, I GUESS THE CONSENSUS THAT I'M SEEING IS FOR THE MOST PART TO GO AHEAD AND, AND RECOMMEND THAT THAT LANGUAGE NOT BE INCLUDED IN THE ORDINANCE, UH, RECOMMENDATION.
UH, ONE OH 9.04 WAS A CHANGE THAT WAS CONSISTENT TO ONE OF THE OTHER PROVISIONS THAT WE DID MODIFY IN 2010, AND THAT WAS ELIMINATING THE DOLLAR AMOUNT FOR A MISDEMEANOR OF A HUNDRED DOLLARS TO TYING IT TO WHATEVER THE PENALTY HAPPENS TO BE FOR A MINOR MISDEMEANOR.
UM, THAT WAY WE DON'T HAVE TO KEEP CHANGING OUR STATUTE EVERY TIME THE DOLLAR AMOUNT OF A MINOR MISDEMEANOR MIGHT BE CHANGED.
UM, AND THEN ALSO A SEPARATE OFFENSE IS DEEMED TO OCCUR AT EACH DAY DURING ON WHICH THE VIOLATION CONTINUES OR OCCURS.
AND THAT KIND OF GOES BACK TO THE DEFINITION ON THE DAY, BUT I THINK IT'S PROBABLY FAIRLY, UH, IT'S, IT'S ONE OF THOSE DEFINITIONS.
THAT'LL PROBABLY, YOU KNOW, IT PASSES THE SMELL TEST, YOU KNOW, IN THE SENSE THAT EVERYBODY KNOWS WHAT A DAY PROBABLY IS, AND THAT IS CONSISTENT WITH THE CHANGES WE MADE IN 2010 AND 2011.
CHANGE ALL THOSE, I THINK THIS ONE LIKELY JUST GOT UP AND WALKED AT THAT TIME.
SO I WOULD SUGGEST THAT THIS RECOMMENDATION RECOMMENDATION RECOMMENDATION GO, UH, FORWARD AS IT'S LISTED ON, UH, UH, THEIR REPORT AND MEMO FROM JERRY MCDONALD.
UM, AND THEN HE ADDED IN SECTION ONE OH 9.05.
THERE'S A REFERENCE TO SECTION ONE OH 9.03
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SAYS EMERGENCY ORDERS ISSUED UNDER SECTION ONE OH NINE OH THREE AND OR ONE OH NINE OH SEVEN, UM, SHALL BE AFFIRMED BY THREE, FOUR VOTE OF ALL MEMBERS OF COUNCIL AT SUCH MEETING.UM, AND THEN, UH, ONE OH 9.7, IT SPECIFICALLY DEALS WITH CONTROL OF PUBLIC UTILITY.
SO ONE OH 9.03 DEALS WITH EMERGENCIES GENERALLY, AND THEN ONE OH 9.07 DEALS WITH CONTROL OF UTILITY.
SO IT PROBABLY DOES SINCE THERE'S A SPECIFIC PROVISION IN THERE THAT DEALS WITH A STATE OF EMERGENCY, AS IT RELATES TO UTILITIES, IT PROBABLY WOULD, SHOULD REFER TO BOTH OF THOSE CODE SECTION, OREGON SECTIONS.
UM, AND THEN ONE OH NINE, I WAS JUST GONNA TELL TONY, UM, TONY ONE OH 9.05, THE LAST SENTENCE, IT'S A MINOR THING, BUT IT'S A, UM, UM, THREE FORCES NOT HYPHENATED THERE.
AND IT IS, UM, FROM THE PREVIOUS THREE FOURS.
UM, ONE OH 9.07, THE STATUTE OR THE ORDINANCE HAS WRITTEN BASICALLY LIMITS THE MAYOR AS BEING THE ONE WHO MADE DECLARE AN EMERGENCY WITH, AS IT RELATES TO CONTROL OF ALL PUBLIC UTILITIES.
UM, AND YOU KNOW, WHAT HAPPENS IS THE MAYOR'S NOT AVAILABLE.
SO THE RECOMMENDATION WAS TO ADD THE PERSON WHO'S AUTHORIZED TO DECLARE AN EMERGENCY IN SECTION ONE OH 9.02, WHICH WE PREVIOUSLY DISCUSSED WOULD BE ABLE TO ISSUE THAT SAME EMERGENCY ORDER AS IT RELATES.
UM, I THINK THAT PROBABLY WAS OVERLOOKED LAST GO ROUND AS WELL.
UM, THE NEXT SECTION, UM, THAT WE HAVE A RECOMMENDATION OR IS ONE 25, UM, OH, WELL LET'S BACK UP ONE 25.02, UM, DEALS WITH THE, UM, CLERK OF COUNCIL, UH, AND TONY, YOU'RE GOING TO REVIEW THE CURRENT, THAT CODE SECTION TO CHANGE THE TITLE, UH, FROM THE ASSISTANT OF COUNCIL TO THE DEPUTY CLERK OF COUNCIL AND TO CHANGE THAT'S CRA A HOURLY TO AN HOURLY.
AND, UH, SO, UH, I'M ASSUMING THAT THOSE RECOMMENDATIONS WILL BE, UH, THOSE CHANGES WILL BE MADE THE RECOMMENDATIONS MADE THE COUNCIL, CORRECT.
UM, WHAT I'M ENVISIONING IS KIND OF DOING LIKE WE DID THE LAST TIME TOO, THAT ONCE WE GET DONE WITH A PARTICULAR PART, LIKE WITH THE PART ONE ADMINISTRATIVE CODE, I'LL INCORPORATE ALL OF THOSE CHANGES THAT HAVE BEEN APPROVED BY THE, UH, COMMISSION AND TO AN ORDINANCE.
AND, UH, WE GIVE YOU GUYS ONE LAST OPPORTUNITY TO REVIEW, UH, THE PROPOSED CHANGES IN ORDINANCE FORM.
AND THEN, UH, FROM THAT POINT IT WOULD GO ON TO COUNCIL.
SO THAT COUNCIL WILL START GETTING THESE IN PIECES, UH, BY THE DIFFERENT PARTS, UM, SO THAT THEY CAN ACT ON THEM AS THEY'RE COMPLETED.
AND, UM, YOU KNOW, THERE'LL BE KIND OF A HIERARCHY OF ALL THIS MOVING ALONG IN A REVIEW PROCESS FROM THE COMMISSION, UH, TO COUNCIL REVIEW AND FINAL IMPLEMENTATION.
SO THAT'LL GO FORWARD THAT WAY.
THE NEXT SECTION IS ONE 25.03.
UM, AND THERE WAS SOME DISCUSSION LAST TIME ABOUT CHANGING THE WORD.
UM, MAY PROVIDE INFORMATION TO RESIDENTS IN CONNECTION WITH ELECTIONS ON TAX LEVIES TO SHALL, UH, MAKING A MANDATORY.
AND IT WAS JERRY'S RECOMMENDATION NOT TO MAKE THE CHANGE, LEAVING THE BID BY KEEPING IT, UH, MAY THE COUNCIL THEN HAS THE OPTION OF REMAINING NEUTRAL ON THE MATTER.
UM, I'M TRYING TO REMEMBER, AND I DON'T HAVE THAT PARTICULAR CODE SECTION IN FRONT OF ME AT THE, UM, I HAVE IT HERE PULLED UP, IT'S IT? THAT'S THE ONLY, THERE'S ONLY ONE SENTENCE TO THIS ACTION.
UH, THE SECTION TITLE IS INFORMATION TO RESIDENTS THROUGH PUBLIC REPORTS.
AND THE ONLY STATEMENT THAT'S MADE UNDER THAT SECTION IS THE CITY
[00:35:01]
MAY PROVIDE INFORMATION TO ITS RESIDENTS IN CONNECTION WITH ELECTIONS ON TAX LEVIES, BOND ISSUES AND OTHER PUBLIC ISSUES.AND IN CONNECTION WITH REPORTS TO THOSE RESIDENTS, CITY PROPERTY MAY BE USED FOR SUCH PURPOSES.
AND I, I GUESS, ALL RIGHT, I UNDERSTAND WHAT MR MCDONALD'S IS SAYING.
UM, I'M NOT SURE THAT YOU, THAT THE WORD USING OF THE WORD SHALL, WOULD MAKE IT MANDATORY THAT, UH, OR, YOU KNOW, OTHER, OTHER THAN THAT, THERE IS A VOTE ON THE TAX LEVY AND WHAT THE TAX LEVY COVERS.
UM, UH, I'M NOT SURE HOW BY MAKING THE NOTICE MANDATORY IN ANY WAY IN, UH, WOULD REQUIRE COUNSEL TO TAKE A POSITION ON THE LEVEE GLENN, YOU HAVE A COMMENT.
I WOULD SAY THAT, UH, YOU KNOW, I WOULD SAY THAT, UH, WHEN IT COMES TO, IF COUNCIL HAS VOTED TO PLACE A LEVY ON A BALLOT AT THAT POINT, THE BODY ITSELF CAN'T MAINTAIN NEUTRALITY.
IT'S ALREADY MADE A DECISION TO GO ONE DIRECTION.
UM, SO I, I DON'T, YOU KNOW, I UNDERSTAND WHAT HE'S SAYING, BUT I DON'T THINK COUNCIL HAS ANY OPTION OF MAINTAINING ANY NEUTRALITY ON THAT ISSUE.
IF THEY HAVE VOTED AS A BODY TO PLACE THAT ISSUE ON A BALLOT.
IT JUST SEEMS COUNTERINTUITIVE TO ME, IF THAT MAKES SENSE.
NO, I, I HEAR WHAT YOU'RE SAYING.
UM, I MEAN, SO BY VOTING IN FAVOR OF THE TAX LEVY, YOU'VE TAKEN A POSITION, UM, AS A CITY, AS A COUNCIL ON THE LEVY, I GUESS MY ONE QUESTION IS WHETHER OR NOT THE L THE, THE, THE TAX LEVIES, ARE THEY TALKING ABOUT, ARE THEY JUST TAX LEVIES OF THE CITY, OR ARE THEY, ARE THEY TALKING ABOUT OTHER TAX LEVIES AS WELL? I DON'T RECALL DON.
UM, YEAH, JUST THAT IT, IT DOES SAY, UH, LOVE IS BONDS.
UM, AND MY QUESTION WILL BE TO TONY ROGERS, TONY AREN'T, WE LEGALLY REQUIRED TO, UH, POST NOTIFICATION OF THAT.
UM, AS A CITY, WHEN SOMETHING GOES DOWN, ARE WE REQUIRED TO, UH, PUBLISH THAT OR ADVERTISE THAT YEAH.
ANY TYPE OF SITUATION WHERE A COUNCIL'S ACTING IN A LEGISLATIVE CAPACITY, UH, WE HAVE CERTAIN NOTICE REQUIREMENTS THAT WE HAVE TO MAKE TO THE PUBLIC, AND THAT'S DONE THROUGH THAT PROCESS.
UM, I WAS JUST TRYING HERE TO LOOK TO SEE WHAT, HOW THE SECTION CAME ABOUT BECAUSE IT REFERENCES, UM, AN ORDINANCE, UH, IN 2011, WHICH WAS 1875, UM, YOU KNOW, WHERE THIS WAS LAST CHANGE AND THAT IN LOOKING, I JUST PULLED UP THE ORDINANCE 1875 AND IT, UM, IT JUST ADDS THIS LANGUAGE THERE.
I DON'T HAVE IMMEDIATELY AVAILABLE TO ME THE HISTORY OF WHETHER THAT WAS ADDED IN 2011 AS PART OF THE ORDINANCE REVIEW COMMISSION, OR JUST SOMETHING WAS CHANGED, UH, SPECIFICALLY, UM, IN THAT SECTION AND IT ALREADY EXISTED THERE.
UM, BECAUSE, YOU KNOW, I HAVE A RECOLLECTION THAT PERHAPS THIS CAME ABOUT, ABOUT AN ISSUE OF, OR THE PART WHERE IT TALKS ABOUT CITY PROPERTY CAN BE USED FOR SUCH PURPOSES.
UM, I SORTA REMEMBER SOME CONTROVERSY AT THE TIME ABOUT, UH, IF THE CITY WAS PROPOSING A TAX LOBBY, DID IT HAVE THE RIGHT TO, UH, POST SIGNS ADVOCATING FOR THAT TAX LIBRARY ON CITY PROPERTY OR NOT, OR DID THE CITY AS AN ENTITY AFTER REMAIN NEUTRAL IN TERMS OF, UH, THE, THOSE TYPES OF ISSUES? UM, SO I THINK THAT MAYBE IS WHERE THE GENESIS OF THAT WAS, BUT, UM, WITHOUT DOING SOME ADDITIONAL RESEARCH, I WOULD NOT BE ABLE TO TELL YOU TONIGHT, UM, THE ENTIRE GENESIS OF THAT, IF IT'S JUST AT THAT POINT IN 2011, IF IT WAS A MODIFICATION, OR IF THAT'S, WHEN IT WAS, WAS ACTUALLY ADDED.
AND, UH, IF THAT'S IS WHEN IT'S ADDED, WE COULD GO BACK TO THE MINUTES AND STUFF FROM THAT PERIOD OF TIME.
AND, AND, UH, LOOK AT SOME OF THE DISCUSSION THAT TOOK PLACE ABOUT WHY THIS SECTION WAS EVEN ADDED OR CHANGED.
SO IF YOU WOULDN'T MIND, I WOULD, UH, SUGGEST THAT I PERHAPS TRY TO GET, UM, SOME FURTHER BACKGROUND, UM, INTO THAT, AND THEN BRING THAT BACK TO THE NEXT MEETING SO THAT, UH, YOU GUYS WOULD HAVE A MORE INFORMED ANALYSIS OF, YOU KNOW, THE GENESIS OF
[00:40:01]
THAT, HOW WE ENDED UP WITH THAT PARTICULAR SECTION AS IT CURRENTLY READS.TANYA COMMENT, DO YOU WANT, THE ONLY THING I WOULD ADD TO THAT IS THAT I, I HAVE NO ISSUE AT ALL WITH THE WORD SHELL IN THE FIRST PORTION.
UM, AND, UH, KEEPING MAY, UM, UH, IN THE SECOND SECTION, UH, WITH THE USE OF, UM, USE OF CITY PROPERTY THAT COULD CERTAINLY BE, UH, MAY, UH, BUT THE FIRST SHALL I AGREE WITH COUNCIL MANADO THAT I THINK WE, WE HAVE AN OBLIGATION TO, UM, PUBLISH A NOTIFY.
WAIT UNTIL WE HEAR BACK A LITTLE BIT MORE INFORMATION FROM YOU, UM, ON THIS PARTICULAR SECTION, UM, IN TERMS OF THE HISTORY, AND THEN, UM, WE CAN REVISIT THAT NEXT MONTH.
UM, THEN THE NEXT SECTION IS ONE 31.03 DEALS WITH COMPUTER PROGRAMMING AND, UH, JERRY MCDONALD AGREED WITH THE RECOMMENDED CHANGES OF UPDATING THE, THE PHRASIOLOGY FROM COMPUTER PROGRAMMING TO INTELLECTUAL PROPERTY AND THE, UH, INCREASING WHAT INTELLECTUAL PROPERTY INCLUDES, UH, THAT IT'S NOT JUST LIMITED TO COMPUTER PROGRAMMING, THAT'S DEVELOPED EXCLUSIVELY BY CITY EMPLOYEES.
UM, SO IT WOULD ALSO ANY CITY DEVELOPED INTELLECTUAL PROPERTY, IT WOULD APPLY.
BUT I THINK AS WE DISCUSSED, I THINK TONY, YOU HAD MENTIONED LAST GO AROUND THAT THE CITY REALLY DOESN'T, UH, ACTUALLY CREATE ITS OWN, UH, SOFTWARE ANYMORE.
THAT IT PRETTY MUCH BUYS PREPAID PROGRAMS FROM, UH, COMPANIES AND THEN APPLIES IT TO THE CITY'S PARTICULAR USAGE.
IS THAT CORRECT? THAT'S CORRECT.
SO I THINK THE LANGUAGE THAT'S ADDED, I DID NOT HAVE ANY PROBLEMS, ANYBODY HAVE ANY OTHER QUESTIONS OR PROBLEMS WITH THAT? THE ONLY, I ONLY HAVE A COMMENT, I DON'T KNOW, IT'S MORE INTELLECTUAL PROPERTY WOULD EXPAND IT TO THINGS TO INCLUDE, UH, I DON'T KNOW, LITERATURE DRAWINGS, THINGS LIKE THAT.
SO LONG AS THEY'RE NOT LAWS, AS FAR AS THE CITY OWNING IT.
I DON'T KNOW IF THAT WOULD BE AN ISSUE OR ANYTHING.
IT'S JUST A THOUGHT, I GUESS THE IDEA IS THAT ANY, UH, WORK PRODUCT THAT'S GENERATED WHERE AN EMPLOYEE IS GETTING PAID TO DO THAT USING CITY RESOURCES BECOMES PROPERTY OF THE CITY.
I DON'T SEE A PROBLEM WITH THAT, BUT IT WAS JUST THE THOUGHT THAT IT DOES EXPAND IT BEYOND COMPUTERS.
YEAH, I THINK IT, YOU KNOW, BUT AGAIN, IT'S, IT'S, IT'S LIMITED TO, UM, OWNERSHIP OF CITY DEVELOPED.
SO IF IT'S SOMETHING THAT WE'RE GETTING, YOU KNOW, LIKE THE CODIFICATION, UH, SOFTWARE THAT DOES OUR CODES, YOU KNOW, WE'RE ACTUALLY, IT'S NOT DEVELOPED BY THE CITY IT'S, IT'S DEVELOPED BY THAT COMPANY THAT WE JUST BUY THE LICENSED AND THE ABILITY TO USE THAT.
UH, THEN ONE 31 OH SIX, THAT WAS THE SECTION THAT, UH, I HAD MENTIONED, UH, ABOUT WHERE IT TALKS ABOUT OR HIS DESIGNEE.
UM, AND, UM, I HAD A PROBLEM WITH DESIGNATE NOT BEING, UH, DEFINED ANYWHERE.
UM, YOU KNOW, TECHNICALLY, I GUESS IT'D TAKE A LUDICROUS EXAMPLE.
I SAID, SEE MANAGER COULD APPOINT HIS OR HER SPOUSE, UM, TO BE THE DESIGNEE.
AND IT WOULD BE WITHIN THE PARAMETERS OF THE ORDINANCE.
AND I JUST, YOU KNOW, NOT THAT WE WOULD HAVE A CITY MANAGER THAT WOULD DO THAT, BUT I THINK THAT'S, UH, UH, SOMETHING THAT SHOULD BE TIGHTENED UP.
AND AGAIN, JERRY MCDONALD IN HIS EMAIL THAT HE SENT, UM, TO TONY THAT I GOT TODAY.
AND TONY, IF, I MEAN, IF YOU WANT TO RE YOU KNOW, SHARE THAT WITH, BECAUSE I DON'T THINK EVERYBODY WAS COPIED IN, ON THAT AND EMAILED TODAY, YOU KNOW? SO, UM, JERRY SAID, YOU KNOW, HIS, HIS, HE PREFERRED KEEPING IT JUST AS DESIGNEE, BUT IF THE COMMISSION WANTED TO, REMACK RECOMMEND SOME ADDITIONAL CHANGES TO THAT, HE WOULD SUGGEST ONE OF TWO OPTIONS.
UH, ONE, IF YOU'RE ONLY CONCERNED ABOUT THE DESIGNEE IN THIS PARTICULAR SECTION ONE 31 OH SIX, AS IT RELATES TO THAT SECTION, THEN HE SUGGESTED THAT, UM, UH, YOU COULD JUST USE THE LANGUAGE CITY MANAGER OR ANOTHER CITY
[00:45:01]
OFFICIAL DESIGNATED BY THE CITY MANAGER.UM, IF IT'S A CONCERN ABOUT A DESIGNEE IN GENERAL AND PROVIDING AN ADEQUATE DESI, UH, UH, DEFINITION OF THAT THROUGHOUT THE CODE, THEN HE WOULD SUGGEST, UH, CREATING A DEFINITION IN THE, UH, BEGINNING SECTION WITH THE DEFINITIONS THAT DESIGNEE WOULD BE DEFINED AS A CITY OFFICIAL, AUTHORIZED TO UNDERTAKE CERTAIN ACTS.
AND, UM, AND THEN WE WOULD JUST LEAVE DESIGNEE WHERE IT APPEARS IN THE CODE AS IT CURRENTLY STANDS WITH THE DEFINITION IN PLACE.
UM, BOTH HIM AND I AGREE THAT IT WOULD PROBABLY BE BURDENSOME TO GO THROUGH AND, UH, YOU KNOW, STRIKE DESIGNEE EVERYWHERE BECAUSE IT'S, IT'S QUITE WIDESPREAD THROUGHOUT THE CODE.
IT'S ALSO TERMINOLOGY WE USE, UM, AND OTHER FORMS OF LEGISLATION THAT AREN'T CODIFIED AS WELL.
SO IT'S A PRETTY STANDARD TERM.
SO WE THINK IF YOU WANT TO LOOK AT THIS MORE BROADLY, THE BEST WAY TO GO ABOUT IT WOULD BE TO, UH, INSERT THE DEFINITION FOR DESIGNEE AS RECOMMENDED IN THE DEFINITION SECTION OF THE CODIFIED ORDINANCES.
YEAH, I PERSONALLY, I LIKE THAT IDEA THAT WAY.
AGAIN, WE DON'T HAVE TO LOOK AT EACH CODE SECTION THAT USES THAT TERM TO KIND OF FIGURE OUT WHAT, WHO THAT DESIGNATION SHOULD BE UNDER THAT CONSENT, THAT PARTICULAR CODE SECTION.
UM, AND MY BIGGEST CONCERN IS THAT IT'S SOMEBODY, YOU KNOW, CAUSE WE'VE, WE TALKED EARLIER THIS EVENING ABOUT WHAT IS IT WHO IS AS A CITY OFFICIAL.
AND I THINK THAT, YOU KNOW, THE DEFINITION OF THAT OR THE, THE, THE USAGE OF THAT TERMINOLOGY, UM, AND THE COMMON UNDERSTANDING OF THAT WOULD AT LEAST WOULD LIMITED ENOUGH THAT I I'M OKAY.
THAT THE CITY MANAGER IS GOING TO A POINT OR THE MAYOR IS GOING TO A POINT OR WHOEVER HAS THE AUTHORITY IS GOING TO BE DESIGNATED SOMEONE WHO HAS THE APPROPRIATE TIES TO THE CITY ORGANIZATION AND GOVERNMENT.
SO I WOULD RECORD MY PERSONALLY, I WOULD LIKE TO SEE IT BE A DEFINITIONAL SECTION ADDED TO THE ENTIRE, AT THE VERY BEGINNING OF SECTION 1.0101.
SO IF THAT'S OKAY WITH EVERYBODY, I THINK THAT WOULD BE THE RECOMMENDATION, THE COMMITTEE SAYING NO OBJECTIONS THAT, AND THEN, UH, LET'S SEE, THE NEXT IS THE, UM, ONE, UH, LET'S SEE, ONE 31.06.
UH, THAT'S WHAT WE JUST TALKED ABOUT.
ONE 31.09, THE MAILBOX REPLACEMENT, UM, TONY, YOU WERE GOING TO, UH, REVIEW THE POLICY AND WITH, UH, CITY STAFF TO SEE IF WHAT IS CONTAINED IN THE ORDINANCE IS WHAT IS BEING DONE AND IS IT WORKING? AND WITH THAT SECTION ONE 31 OH NINE AND ONE 41 OH ONE, UH, BOTH OF THE DEPARTMENT HEADS IN THAT HAVE BEEN OFF ON A SICK LEAVE AND UNAVAILABLE.
SO, UM, WE HAVE NOT BEEN ABLE TO MAKE ANY PROGRESS ON THOSE TWO ITEMS. OKAY.
SO WE'LL CARRY THOSE OVER TO NEXT MONTH THEN.
YEAH, NOT A LOT OF PEOPLE, EITHER OFF SICK OR IN QUARANTINE, SO, ALL RIGHT.
UM, THEN THE NEXT SECTION WAS ONE 41.07.
IT DEALT WITH THE DEFERRED COMPENSATION AND JERRY, UH, RECOMMENDED, UH, THAT I BELIEVE THAT THAT'S CO THAT ORDINANCE BE CHANGED, I THINK, IN ITS ENTIRETY AND REWRITTEN.
AND IF I'M UNDERSTANDING CORRECTLY, WHAT THE SA, WHAT THE LANGUAGE IS THAT HE'S BASICALLY JUST SAYING THAT OUR DEFERRED COMPENSATION HAS TO COMPLY WITH WHAT THE STATE OF OHIO IS REQUIRING UNDER THE CONCEPT AND PROGRAM OF DEFERRED COMPENSATION.
WHEN I READ THAT, THAT'S WHAT I TOOK AWAY FROM THIS.
AND I'M OKAY WITH THAT, FOR THAT SECTION I CONSIST OF THOSE ABA OR THE ABCS ON THE LAW DIRECTORY REVIEW.
UM, YEAH, MY, YEAH, THIS WOULD REPLACE THE SECTION ENTIRE.
SO THAT, THAT'S THE END OF THE LAW DIRECTOR'S COMMENTS.
UM, AND THEN, UH, ONE 45.04, UM, THE THOROUGHFARE PLAN,
[00:50:01]
UM, TONY, HAVE YOU HAD ANY CHANCE TO ADDRESS THAT ONE? EITHER THAT PERSON'S IN QUARANTINE.SO WE'LL CARRY THAT ONE OVER TO THE NEXT MONTH.
AND THEN THE REMAINING ONES LISTED THAT HAVE TO DO WITH THE BOARDS AND COMMISSIONS.
UM, THEY'RE JUST, UH, EITHER GRAMMAR CHANGES OR TERM CHANGES.
UM, AND THOSE WOULD BE PART OF THE, THE ORDINANCE REWRITES THAT WOULD COME IN AND, AND THE TOTAL PACKAGE WITH THE, UH, UH, PART ONE ADMINISTRATIVE COACHING.
UM, WERE YOU, WERE YOU EVER RAPED? WERE YOU EVER, I'M JUST CURIOUS, DID YOU FIND OUT ANYTHING ABOUT WHERE THE TWO-THIRDS REQUIREMENT FOR MEMBERS OF THE, UH, UH, ARTS AND BEAUTIFICATION COMMITTEE CAME FROM? YEAH.
UM, IT'S ACTUALLY IN THE LEGISLATION THAT AUTHORIZED THE COMMISSION AT THE TIME.
UM, SO, UH, THAT WAS A CONSCIOUS DECISION THAT WAS DONE.
UM, I DID TALK WITH, UH, JERRY MCDONALD ABOUT IT.
WE BOTH AGREE THAT IT'S, IT'S TECHNICALLY IN A CONFLICT WITH THE CHARTER PROVISIONS THAT REQUIRE MEMBERS OF, UH, CITY BOARDS AND COMMISSIONS TO BE VOTING MEMBERS OF CITY BOARDS AND COMMISSIONS, UH, TO BE ELECTORS OF THE CITY.
SO, UM, WHAT THE, THE, THAT WILL BE CHANGED IN THERE TO, TO, UH, CORRECTLY IDENTIFY THAT, UM, AS, AS VOTING MEMBERS AND, UM, THAT THEY HAVE TO BE ELECTORS.
AND THEN WE'LL JUST REMOVE THAT TWO THIRDS REQUIREMENT WE DO, AS I THINK I MENTIONED LAST TIME, HAVE THE ABILITY TO APPOINT SPECIAL LIAISONS TO THE CITY BOARDS AND COMMISSIONS THAT ARE BASICALLY NON-VOTING MEMBERS THAT HAVE THE ABILITY TO CONTRIBUTE, UH, TO THE WORK OF THAT COMMISSIONER BOARD IN SOME WAY.
UM, AND COUNCILS STILL WILL RETAIN THAT POWER TO DO THAT BY EMOTION.
UM, BUT WE CAN'T HAVE VOTING MEMBERS, UM, THE NON ELECTORS OF THE CITY, UH, BY THE CITY CHARTER.
UM, AND THEN ONE OTHER POINT THAT, THAT, THAT, I THINK YOU RAISED GLEN AT THE LAST MEETING, AND I DON'T KNOW IF WE WANT TO JUST TALK ABOUT IT BRIEFLY OR, AND THAT IS THE ISSUE OF COMMITTEES OF THE VARIOUS COMMITTEES THAT, YOU KNOW, EXIST IN THE CITY OF HUBER ICE.
UM, YOU KNOW, ONE OF THE QUESTIONS THAT ARE ONE OF THE QUESTIONS THAT CAME UP, I THINK WAS, AND I THINK TONY, YOU MENTIONED THAT SOME OF LIKE OUR BOARD, WE HAVE A HAND THERE'S A DOOR AND HANDBOOK THERE'S RULES ARE THAT WE ARE WE'RE BOUND BY.
UM, AND I GOT THE IMPRESSION THAT NOT ALL OF THE COMMISSIONS, UH, CREATED BY THE, BY ORDINANCE, IN, UH, IN HUBER HEIGHTS HAVE SIMILAR BYLAWS OR WHATEVER YOU WANT TO CALL THEM, IS THAT CORRECT? UH, THAT'S CORRECT.
UH, THEY ALL HAVE THE ABILITY TO ESTABLISH THEIR OWN BYLAWS AND PROCEDURES AND SOME DO, AND SOME DON'T, UH, THE GOVERNING DOCUMENT REALLY WOULD BE COUNCIL'S ADOPTED A BOARD AND COMMISSION HANDBOOK THAT OUTLINES THE PROCEDURES, UH, FOR THAT, UM, UH, ANYTHING RELATED TO THE BOARDS AND COMMISSIONS, INCLUDING THE SUB UNITS OF, OF THOSE BOARDS AND COMMISSIONS, WHICH WOULD BE COMMITTEES OR SUBCOMMITTEES.
THE, THE OTHER POINT THAT, UH, PROBABLY NEEDS TO BE IS THE OPEN MEETINGS ACT, WHICH IS AN OHIO STATE LAW, UM, YOU KNOW, DEFINES SUBCOMMITTEE MEETINGS AND, UH, COMMITTEE MEETINGS OF A PUBLIC ENTITY OR A PUBLIC, UM, UH, BORDER COMMISSION AS PUBLIC MEETINGS AS WELL, ANY MEETINGS OF THOSE COMMITTEES OR SUBCOMMITTEES.
AND SO NOT ONLY DO THEY HAVE TO FOLLOW OUR PROCEDURES, BUT THEY ALSO ARE REQUIRED TO MAKE NOTICE, UH, MAINTAIN MINUTES, UH, POST AGENDAS AND THINGS LIKE THAT, AND FOLLOW ALL THE RULES OF THE OPEN MEETINGS ACT JUST LIKE ANY OTHER PUBLIC ENTITY OR A PUBLIC BODY WOULD BE REQUIRED TO DO.
I'M WONDERING IF IT WOULD, AND THIS MIGHT BE SOMETHING YOU MIGHT WANT TO, AGAIN, DIRECT TO JERRY MCDONALD, IS, IS THAT SOMETHING WE WOULD WANT TO ADD TO ORDINANCES CREATING THE VARIOUS COMMISSIONS THAT THEY BE REQUIRED TO ADOPT OR AN ACT AND COMPLY WITH THE HANDBOOK AS PART OF THEIR, UM, THE, THE ORDINANCE THAT CREATES THEM RATHER THAN GIVING THEM THE OPTION OF WHETHER OR NOT THEY WANT TO, OR DON'T WANT TO THAT'S ASIDE FROM THE STATUTORY REQUIREMENT THAT ALL COMMITTEE MEETINGS AND MEETINGS HAVE TO BE, YOU KNOW, OPEN? UM, I DON'T KNOW ANYBODY ELSE.
I MEAN, I HAVEN'T BEEN INVOLVED IN THE CITY GOVERNMENT FOR A WHILE, SO, UM, I'M NOT SURE IF THAT'S EVEN A, UH, AN ISSUE
[00:55:01]
OR A PROBLEM, YOU KNOW, THAT WOULD NEED TO BE EVEN ADDRESSED.I DON'T WANT TO MAKE A PROBLEM THAT DOESN'T EXIST, BUT IT SEEMS LIKE THERE'S, YOU KNOW, WE HAVE THIS HANDBOOK, BUT NOT EVERYBODY'S REQUIRED TO GO BY IT.
WELL, I THINK THEY ARE, I THINK THERE'S BEEN SOME INCONSISTENCY IN APPLICATION.
THERE'S REALLY ONLY TWO, UH, COMMISSIONS THAT, UH, TO MY KNOWLEDGE THAT ARE CURRENTLY OPERATING WITH, UH, SUB COMMITTEES OR COMMITTEES, AND THAT'S THE, UH, MILITARY AND VETERANS COMMISSION AND THE CULTURE AND DIVERSITY COMMISSION.
UM, SO, UM, I THINK THERE IS A BETTER HANDLE ON IT NOW THAN THERE WAS MAYBE IN THE LAST YEAR.
UM, ALL OF THOSE COMMITTEE MEETINGS ARE NOW BEING, UH, LIVE STREAMED AND BROADCAST IN ADDITION TO, UH, YOU KNOW, PUBLICLY NOTICED AND ADVERTISEMENT, UH, YOU KNOW, PUT OUT AS WELL AS MINUTES BEING TAKEN.
SO, UM, I THINK THAT, UH, STAFF HAVE WORKED IN THAT DIRECTION, UM, AND THE STAFF LIAISONS ASSOCIATED WITH THOSE COMMISSIONS TO MAKE THAT HAPPEN.
UH, BUT THERE PROBABLY HAS BEEN SOME INCONSISTENCY THAT'S EXISTED IN THE PAST.
LIKE I SAY, I, I THINK THAT, YOU KNOW, PERSONALLY, I JUST LIKE TO SEE SOME, YOU KNOW, E IF, IF NOTHING ELSE THAT COUNT CITY COUNCIL, IN TERMS OF, IN THE ENABLING LEGISLATION, WHEN THEY CREATE A COMMISSION OR A COMMITTEE THAT, YOU KNOW, THAT BEING INCLUDED IS ONE OF THE, BE A RESOLVE THAT, YOU KNOW, AND THAT INCLUDED IN THE, IN THE ENABLING LEGISLATION.
WE'LL, WE'LL TAKE ANOTHER LOOK AT IT AND, UH, UM, BRING BACK SOME FEEDBACK ON THAT.
SO I THINK THAT COMPLETES OUR REVIEW OF THE, UM, THE LEGISLATIVE WORKSHEET FROM LAST MONTH.
SO NOW WE'RE MOVING ON TO TONIGHT'S CONTENT.
[ City Code - Part One Administrative Code - Review - Title Seven - Finance - Title Nine - Taxation - Title Eleven - Judicial]
WE WERE SUPPOSED TO BE LOOKING AT, UH, UH, PART ONE OF THE ADMINISTRATIVE CODE TITLE SEVEN, TITLE NINE, TITLE 11, BUT WE ALL RECEIVED AN EMAIL FROM YOU INDICATING THAT, UH, JERRY MCDONALD HAS, UH, INDICATED THAT WE WERE, ARE NOT SUPPOSED TO BE REVIEWING TITLE NINE, THE TAXATION, BECAUSE APPARENTLY THERE'S BEEN SOME STATE LAW CHANGES THAT IS GOING TO IMPACT THAT PROVISION, OR HAS THE FACT THAT THAT PROVISION EXACTLY.HE INDICATED THAT THE LAW CHANGED IN 2015 EFFECTIVE JANUARY ONE OF 2016.
AND SO, UM, ONE OF THE MAJOR EFFECTS OF THAT LAW CHANGE WAS IT TOOK AWAY THE CITY'S RIGHT TO HAVE ITS OWN TAX ORDINANCE INCONSISTENT WITH STATE LAW, EXCEPT FOR SOME VERY MINOR EXCEPTIONS.
UM, SO HIS ADVICE WAS THAT THERE'S REALLY NOT A LOT THAT THE CITY HAS THE ABILITY TO CHANGE ANY LONGER IN THIS PARTICULAR SECTION OF THE CODE, THE SECTIONS THAT ARE THERE ARE LARGELY DETERMINED BY A STATUTE AND THE OHIO REVISED CODE.
AND SO, UH, HE ASKED US TO, UH, NOT REVIEW, UH, TITLE IX TAXATION WORK IN THIS CONDITION.
SO BASED ON THAT RECOMMENDATION, UH, THIS COMMISSION WILL NOT BE LOOKING AT, UH, THE TITLE NINE OF THE ADMINISTRATIVE CODE.
SO THE FIRST SECTION THAT WE WERE TASKED AT LOOKING AT WAS THE, UH, WOULDN'T BE TITLE SEVEN, WHICH IS FINANCE, UM, AND THE ORDINANCE OR THE ORDINANCES UNDER THAT SECTION WERE, UM, DISTRIBUTED TO MEMBERS OF THE ORDINANCE REVIEW COMMISSION PREVIOUSLY FOR US TO REVIEW.
UM, AND, UH, LIKE WE DID LAST TIME, I WOULD SUGGEST WE KIND OF JUST WORK OUR WAY THROUGH THE ORDINANCES.
I'M NOT SURE THAT THERE'S A, AT LEAST FROM MY OPINION, THERE WAS A HUGE AMOUNT OF CHANGES THAT WERE NEEDED, BUT, YOU KNOW, THAT'S JUST MY REVIEW, UH, LOOKING FIRST AT ONE 71.01, WHICH IS PURCHASING AGENT, UM, THE CODE SECTION DELINEATES, THE CITY MANAGER, UM, TO BE THE PERSON PURCHASING AGENT OR DOES ANYTHING RIGHT.
WELL, WE'VE ALREADY ADDRESSED THAT ISSUE, SO WE'RE FINE.
UM, BUT, UH, AND SO I'M ASSUMING THAT THAT'S THE, UH, THE CITY MANAGER IS DOING THAT OR SOMEONE EITHER IN FINANCE OR ONE OF THE ASSISTANT CITY MANAGER,
[01:00:01]
SOMEBODY THAT HE HAS DESIGNATED, UM, TO, TO SERVE IN THAT ROLE, UH, GLEN AND DON, YOU PROBABLY CAN GIVE A BETTER INPUT ON THAT.AND TONY, SINCE YOU GUYS DEAL WITH THIS ON A DAY TO DAY BASIS, AND IN LARGE PART, LIKE WHEN LEGISLATION IS DRAFTED, IT DOES AUTHORIZE THE CITY MANAGER TO MAKE A PURCHASE ON BEHALF OF THE CITY.
SO TYPICALLY THAT'S DONE THROUGH A RESOLUTION, UM, AND NOT ORDINANCE.
UM, BUT THAT LANGUAGE IS IN THERE THAT DESIGNATES THAT THE CITY MANAGER OR HIS, OR HER DESIGNEE TO ACT ON BEHALF OF THE CITY AS THE PURCHASING AGENT.
SO I TAKE IT, NOBODY, ANYBODY HAVE ANY RECOMMENDATIONS OF ANY CHANGES OR MODIFICATIONS THAT CODE SECTION? OKAY.
SEEING NONE, WE'LL MOVE ON ONE 71.02, UM, WHICH IS THE GENERAL PROVISIONS.
AND BASICALLY AS I READ THAT CODE SECTION, IT KIND OF DEFINES THE PROCEDURES, UH, DEPENDING UPON THE AMOUNT INVOLVED, UM, IF IT'S LESS THAN $7,500, THEN THE HEAD OF THE DEPARTMENTS HAVE, ARE GIVEN A LOT MORE, YOU KNOW, ABILITY TO PURSUE AND TO MAKE PURCHASES FOR SMALLER AMOUNTS.
THEN THERE'S ANOTHER, THE NEXT CATEGORY IS 7,500 UP TO 15,000.
AND THERE'S, YOU KNOW, CERTAIN INDIVIDUALS WITHIN THE CITY THAT CAN HANDLE THAT THEN 15,000 TO 25,000.
AND THEN LAST IS ANYTHING OVER 25,000 OR MORE, I GUESS MY FIRST QUESTION WOULD BE, DO WE NEED TO CHANGE THOSE DOLLAR PARAMETERS, UH, OR ARE THOSE AMOUNTS PRETTY CONSISTENT WITH WHAT'S GOING ON? UM, I THINK GLEN HAS HIS HAND UP.
OH, I'M SORRY, GLENN, GO AHEAD.
I WOULD SAY THAT, UH, I, I THINK THE PARAMETERS FALL IN LINE TODAY AS THEY DID BEFORE.
I THINK THAT WAS ONE OF THE CHANGES THAT WE'D RECOMMENDED 10 YEARS AGO WAS ADJUSTING THOSE NUMBERS TO KIND OF MORE FIT, FIT OUR, UH, YOU KNOW, THE CURRENT, WHATEVER.
UH, SO, AND I THINK THOSE NUMBERS STILL SEEM TO FALL IN LINE, IN MY OPINION.
UH, I, I HAVEN'T SEEN ANY ISSUES WITH, YOU KNOW, UM, UH, A LARGE NUMBER OF ITEMS THAT ARE, YOU KNOW, THERE, THERE, THERE ARE ISSUES WITH DUE TO AMOUNTS.
UM, IT APPEARS TO BE REASONABLE STILL.
THE OPERAND WHERE, UH, THE FORMAL COMPETITIVE BIDDING KICKS IN AND IN COUNCIL APPROVALS REQUIRED, UH, AT THE LAST GO AROUND WAS AT 15,000 AND THAT WAS RAISED TO 25,010 YEARS AGO.
SO THAT'S, THAT'S WHERE IT STANDS NOW.
AND I DID, UH, GIVE ALL OF THIS TO THE RELEVANT FINANCIAL PEOPLE.
IN-HOUSE UM, WHEN, WHEN THE COMMISSION RECEIVED IT AND ASKED THEM TO LOOK OVER IT AND RECOMMENDED, UH, ANY CHANGES.
AND I HAVE A COUPLE OF, UH, PROPOSED CHANGES LATER IN THIS, UH, CHAPTER, UH, UH, FROM JERRY MCDONALD, BUT NONE OF STAFF PROVIDED ANY OTHER RECOMMENDATIONS FOR CHANGES TO AMOUNTS OR OTHERWISE.
UM, AND THEN ON ONE 71.03, THE FORMAL COMPETITIVE PROCUREMENT PROCEDURE.
AND AGAIN, WHEN, IF I'M READING THIS CORRECTLY, WHEN THE AMOUNT OF THE PROCUREMENT IS BETWEEN 75, 25 AND 75,000, IT'S BASICALLY A ONE STEP PROCESS.
AND THEN ANYTHING OVER AND OVER 75, THEN THERE HAS TO BE, IT'S A TWO-STEP WHERE BASICALLY COUNCIL AUTHORIZES THE EXPENDITURE.
AND THEN BEFORE THE EXPENDITURE IS MADE, IT'S GOT TO COME BACK THEN TO COUNCIL AGAIN FOR APPROVAL OF THE SPECIFIC EXPENDITURE.
IS THAT CORRECT? THAT IS CORRECT.
AND IN A LOT OF CASES, EVEN BETWEEN 25 AND 75, UH, STAFF HAVE DECIDED TO BRING THOSE BACK TO COUNCIL BEFORE AWARD EVEN, UM, AFTER THEY'VE BEEN GRANTED THE AUTHORITY, JUST TO MAKE SURE COUNCIL'S ON BOARD WITH THOSE DECISIONS.
SO, UH, I THINK THAT'S STILL APPROPRIATE.
AND AGAIN, THE DOLLAR AMOUNTS EVERYBODY'S OKAY WITH THAT.
YEAH, LIKE I SAID, I HADN'T RECEIVED ANY FEEDBACK FROM STAFF ON A NEED FOR ANY CHANGES.
UH, THE NEXT SECTION IS ONE 71.031,
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AND THAT IS A SECTION THAT DEALS WITH BASICALLY, UH, TWO TYPES OF, OF CONSTRUCTION CONTRACTS THAT THE CITY, UH, HISTORICALLY HAS USED.ONE IS WHAT THEY CALL A DESIGN BUILD, WHERE BASICALLY THE CITY CONTRACTS WITH ONE FIRM TO NOT ONLY DESIGN THE CONSTRUCTION PROJECT, BUT ALSO TO BUILD IT AS WELL.
SO YOU BASICALLY HAVE ONE ENTITY THAT THE CITY IS DEALING WITH.
THE SECOND ONE IS A TWO-STEP WHERE, UH, AND IN ESSENCE, WHERE YOU HAVE, AS I UNDERSTAND IT, YOU, YOU CONTROL THE CITY WOULD CONTRACT WITH A FIRM TO DESIGN THE PROJECT, AND THEN THEY WOULD THEN USE A DIFFERENT FIRM TO ACTUALLY CONSTRUCT THE ACT, THE, WHATEVER IT IS IT'S BEING BUILT.
UM, IS MY UNDERSTANDING CORRECT OF FROM YOUR GUYS'S UNDERSTANDING WHAT'S GOING ON? YES.
UM, THE ONLY QUESTION THAT I HAVE IS, AGAIN, THE LAST TIME THAT WE, THAT THE, THIS, THIS CODE SECTION WAS ADOPTED IN A MODIFIED WAS IN, I THINK, 2011, UM, HAVE THERE BEEN ANY, UH, I KNOW THAT COMMUNITIES AND CITY GOVERNMENTS TEND TO HAVE, YOU KNOW, LOOK OUTSIDE THE BOX IN TERMS OF HOW TO GO ABOUT DOING THINGS, UH, IN A MORE COST EFFICIENT, UH, ECONOMIC WAY.
UM, DO WE KNOW WHETHER OR NOT THESE TWO TYPES OF METHODS ARE BASICALLY WHAT EVERYBODY ELSE IS DOING? AND, UM, HOW HAS, HAVE THERE BEEN ANY DISCUSSIONS OR HAVE THERE BEEN ANY OTHER COMMUNITIES THAT HAVE LOOKED AT SOME OTHER WAYS OF, UM, HANDLING CITY CONSTRUCTION PROJECTS? AGAIN, I'VE BEEN OUT OF THE LOOP SO LONG.
I'M NOT AWARE OF ANY, YOU KNOW, SUBSTANTIAL EFFORT TO LOOK AT OTHER COMMUNITIES AND MAKE A COMPARISON OF THOSE.
UM, SO I, I WOULDN'T BE IN A POSITION TO REALLY ANSWER THAT QUESTION, GLEN.
THE ONLY COMMENT THAT I HAD, THIS WAS REALLY THE, THE ONLY SECTION WITHIN THIS, THAT I HAD ANY KIND OF COMMENT.
AND IT WAS MORE OF A QUESTION, TONY, I DON'T KNOW IF IT WOULD BE SOMETHING FOR YOU OR FOR JERRY OR WHO, BUT, UM, I PERSONALLY ARGUED AGAINST THE PRACTICE OF, AND IT'S MENTIONED SEVERAL TIMES ABOUT HOW THE CITY PROVIDES AN ESTIMATED COST FOR THE PROJECT.
AND, AND, AND TO ME, THAT'S LIKE WALKING INTO THE CAR DEALERSHIP AND TELLING THEM, HEY, I'VE GOT 50 GRAND TO SPEND.
THERE MAY BE A CAR ON THE LOT FOR 20 THAT WOULD FIT MY NEEDS.
BUT IF I TOLD HIM 50, HE'S GOING TO GIVE ME THE 50, AND IS THERE A REQUIREMENT THAT WE POST THAT OUT BECAUSE IT, WITHIN HERE IT MENTIONS IT SEVERAL TIMES THAT WE ARE TO PROVIDE THOSE FIGURES.
UM, IS THAT NECESSARY? BECAUSE AGAIN, I THINK IF WE PUT THAT OUT PUBLICLY, THEN ALL OF A SUDDEN ANYONE WHO'S BIDDING IS GOING TO TRY TO GET AS NEAR TO THAT NUMBER AS POSSIBLE.
I MEAN, AS A PRIVATE INDIVIDUAL, I CERTAINLY WOULD, IF I WAS BIDDING THEN, WELL, I KNOW WE'RE REQUIRED TO DO IT NOW BECAUSE IT'S PART OF THE ORDINANCES.
I DON'T KNOW IF THAT COMES FROM OTHER, SOME OTHER STATUTORY REQUIREMENT FOR PUBLIC ENTITIES.
AND THAT PROBABLY BEST BE A QUESTION TO PUT TO JERRY, BUT, UM, WE CAN INCLUDE THAT IN THE FOLLOW-UP TO THE SECTION TO GET SOME FEEDBACK ABOUT WHAT THE REASONING IS FOR DOING THAT.
AND IS IT SOMETHING THAT'S ABSOLUTELY REQUIRED FOR THE CITY TO DO OR COULD THAT BE MODIFIED IN SOME WAY TO DO THINGS DIFFERENTLY? OKAY, APPRECIATE THAT.
I SEE WHERE IT'S REQUIRED TO PUBLISH THIS IN A NEWSPAPER JOURNAL, ETC.
UM, THERE DOESN'T MENTION ONLINE AT ALL.
I MEAN, SHOULDN'T WE AT THIS POINT, TRY TO REQUIRE THIS BE ALSO AVAILABLE ONLINE, THAT PEOPLE WHO ARE LOOKING ONLINE TO, YOU KNOW, BID ON SOME KIND OF CITY CONTRACT, BE ABLE TO FIND SOMETHING LIKE THAT ONLINE.
UM, YEAH, I THINK THAT'S A GOOD POINT, BRIAN, AND THAT'S PROBABLY SOMETHING WE SHOULD LOOK AT ADDING THAT, UM, OBVIOUSLY WHEN A LOT OF THIS STUFF WAS DEVELOPED, WE DIDN'T HAVE SOME OF THE TECHNOLOGY WE HAVE NOW.
WE ARE POSTING BIDS TO THE CITY WEBSITE AND THERE'S EVEN A THING WHERE SOMEBODY CAN SIGN UP AND RECEIVE NOTIFICATIONS OF, UH, PENDING OR CURRENT BIDS THAT ARE TAKING PLACE, UM, AND GET NOTICE OF THOSE BY EMAIL.
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UH, REFINING THAT DESIGNATION, UH, TO BE A LITTLE BIT BROADER TO THE TYPES OF TECHNOLOGIES THAT EXIST.UM, AND, UH, I, I THINK THAT'S SOMETHING THAT WE SHOULD DO.
I THOUGHT YOU HAD A FOLLOW UP COMMENT, SO, OKAY.
SO WE WILL ADD THAT TO THE FOLLOW-UP FOR NEXT MONTH.
I, UM, ON BOTH OF THOSE ISSUES, UM, UM, MAINLY MOST OF THE PROVISIONS THAT FOLLOW FOR THE MOST PART, UM, UP THROUGH ONE 71.04 DEAL WITH THE PROCEDURES ADOPTED IN TERMS OF HOW A CONTRACT IS AWARDED, UH, THE BIDDING PROCESS.
UM, AND SO OTHER THAN WHAT WE'VE ALREADY TALKED ABOUT, IS THERE ANY OTHER COMMENTS OR ANY OTHER QUESTIONS THAT ANYBODY HAS THAT WE WOULD WANT TO HAVE JERRY OR SOMEONE ELSE TO LOOK INTO? OKAY.
NOT SEEING ANYTHING THEN, UM, THE NEXT SECTION DEALS WITH CHANGE ORDERS AND CONTRACT MODIFICATIONS, UM, SECTION ONE 71.05.
AND I GUESS MY QUESTION IS, IS, UM, IS THERE ANY, UM, MODIFICATIONS, I KNOW THAT, UM, IN 2011 WE INCREASED, UH, THE, THE DOLLAR AMOUNT IN SECTION F FROM 500 TO A THOUSAND DOLLARS, UM, AS BEING THE, UM, UH, THE CITY MANAGER CAN APPROVE UP TO A THOUSAND DOLLARS OF, YOU KNOW, ON A CHANGE ORDER WITHOUT ACTUALLY GOING BACK AND GETTING ADDITIONAL APPROVAL, WHICH I THINK MAKES, UH, HAVING A DOLLAR FIGURE IN THERE OBVIOUSLY MAKES SENSE THAT THE CITY MANAGER, TO BE ABLE TO DO THAT WITHOUT HAVING TO, UH, COME BACK TO CITY COUNCIL, UM, IS A DOLLAR AMOUNT.
I MEAN, IS THAT AGAIN, I'LL DEFER TO SITTING COUNCIL MEMBERS AND TONY AS TO WHETHER OR NOT THIS PROCESS SEEMS TO BE WORKING OKAY.
IF I WERE TO COME IN, I'D SAY I HAVEN'T SEEN ANY ISSUE WITH IT.
UM, IT MAY BE MORE OF A STAFF QUESTION AS TO WHETHER THAT AMOUNTS APPROPRIATE OR NOT, BUT I HAVEN'T HEARD ANYTHING.
AND THE PROCESS SEEMS TO BE WORKING WELL IN TERMS OF HOW THE CHANGE ORDERS ARE COMING FORWARD AND BEING APPROVED.
AND SURE, I KNOW THAT WHEN I WAS ON COUNCIL THERE, WE HAD, WE HAD SOME ISSUES WITH SOME CHANGE ORDERS, WHETHER OR NOT THEY WERE APPROPRIATE AND WHETHER OR NOT, YOU KNOW, THE CITY MANAGER HAD, UM, MORE AUTHORITY THAN WHAT THE CITY MANAGER SHOULD HAVE IN TERMS OF ADOPTING THOSE.
AND I DON'T THINK THE PROCESS HERE CAME INTO BEING AS A RESULT OF THAT, BUT I THINK WE JUST, WE, WE AS CAN ALSO AT THAT TIME MADE MORE CLEAR AND DID MORE DILIGENCE IN TERMS OF MAKING SURE THAT IT WAS BEING FOLLOWED.
I THINK THE PROCESS ITSELF WAS FINE.
SO, UH, AND I THINK THAT THE, UH, SECOND SENTENCE IN, UM, UH, SECTION D OF THAT PRETTY MUCH WRAPS ITS ARMS AROUND, YOU KNOW, THE FACT THAT THOSE CHANGE HAS GOT TO COME BEFORE COUNCIL TO TAKE PLACE ANYWAY.
AND THAT KIND OF COVERS THOSE BASES IN MY OPINION.
SO IF THERE'S NO OTHER RECOMMENDATIONS WITH REGARD TO THAT SECTION, IT WILL, NO CHANGES WILL BE RECOMMENDED.
UH, THEN SECTION ONE 71.06, UH, DEALS WITH PURCHASE REQUISITIONS.
AGAIN, IT'S MORE OF A PROCESS, UH, AS TO HOW THE REQUISITION IS, UM, THE, UH, I FORGET WHAT THE RFP OR WHERE THEY, WHATEVER THEY CALL THAT.
I FORGET WHAT THE, WHAT THE ACRONYM IS, WHERE THEY PUT OUT A REQUEST FOR BID BASICALLY.
UM, AND SO THAT, UH, THEY WERE SUBMITTING THIS OUT SO THAT PEOPLE CAN BID ON HOW MUCH THEY
[01:15:01]
CAN PULL VIDE THE SERVICE OR THE PIECE OF EQUIPMENT OR WHATEVER.UH, AND I, AGAIN, I WOULD, UH, PROBABLY TONY, YOU MIGHT WANT TO JUST MAKE SURE WITH FINANCE, IT'S A SEEMS TO BE WORKING.
YEAH, THAT'S SOMETHING I HAVE MORE FIRSTHAND EXPERIENCE WITH IN TERMS OF RECORD POSITIONS AND THAT SORT OF THING.
AND THAT REALLY KIND OF DEFINES THE ADMINISTRATIVE PART OF THE PROCESS WHERE, HOW INTERNALLY, UH, CONTROLS ARE ESTABLISHED AND PROCESSES ARE ESTABLISHED FOR, UH, ENACTING THE PURCHASING PROCEDURES THAT ARE OUTLINED IN THE CODE.
AND, UM, YOU KNOW, AGAIN, I DID PROVIDE THESE TO STAFF, SO, UH, UM, YOU KNOW, I HAVE NOT HEARD ANY ISSUES IN THAT PARTICULAR AREA, SO I, I, I WOULD THINK WE'RE OKAY IN THAT OR, OKAY.
SO UNLESS THERE'S ANY OTHER, ANYBODY ELSE HAS ANY ISSUES, WE'LL MOVE THAT ONE ALONG, UM, MULTI-YEAR CONTRACTS.
UM, AND BECAUSE OUR BUDGET HAS TO BE DONE ON AN ANNUAL BASIS, I'M ASSUMING THAT'S WHY MULTI-YEAR CONTRACTS HAVE TO BE RECERTIFIED EACH YEAR FOR THE AMOUNT OF THE UPCOMING YEAR.
IF THE CONTRACTS THERE'LL BE SOMETHING THAT'S GOING TO CARRY OVER FROM ONE BUDGET YEAR TO THE NEXT.
AND WE TRY TO MAKE SURE THAT, UH, WITH MULTI-YEAR CONTRACTS THAT, UH, THERE'S AN APPROPRIATIONS CLAUSE ADDED TO ANY LEGISLATION APPROVING THOSE TYPES OF CONTRACTS, UH, WHICH IS REALLY A NON APPROPRIATIONS CLAUSE, WHICH SAYS THAT, YOU KNOW, IF THE CITY DOESN'T APPROPRIATE THE MONEY TO DO THAT, WE'RE NOT OBLIGATED TO PAY THOSE BILLS OR CONTINUE THOSE CONTRACTS.
IF THE CITY WOULD FACE LIKE SAY FINANCIAL HARDSHIP AND NOT, YOU KNOW, HAVE TO BE CUTTING THINGS, UH, THAT NON APPROPRIATIONS CLAUSE REALLY GIVES THE CITY AND OUT ON SOME OF THESE CONTRACTS, UH, THAT, THAT LASTS FOR MULTIPLE YEARS.
SO AGAIN, IT SOUNDS LIKE THAT'S PROBABLY WORKING, UM, WELL, UM, THEN, UH, SECTION ONE 71.08 DEALS WITH INSPECTION, AND BASICALLY THAT JUST SAYS THAT THE PURCHASING AGENT OR THE HEAD OF THE DEPARTMENT SHALL MAKE SURE THAT WHAT WE'RE GETTING IS WHAT WE'RE SUPPOSED TO BE GETTING.
SO, UH, YEAH, IT MAKES PERFECTLY GOOD SENSE.
UM, AND SO WHEN YOU FILL OUT LIKE RECEIVING REPORTS AND OTHER INTERNAL CONTROLS LIKE THAT, THAT, YOU KNOW, BASICALLY CERTIFY THE BILL, UH, THE DEPARTMENT HEAD, OR THE STAFF MAKING THE PURCHASE WILL CERTIFY THAT THEY'VE RECEIVED THOSE GOODS AND THEY'RE IN GOOD ORDER ON AN AUTHORIZING PAYMENTS TO THE FINANCE DEPARTMENT.
WHAT HAPPENS IF YOU GET SOMETHING THAT'S NOT IN CONFORMITY? WHAT WHAT'S, IS THERE A PROCESS THAT, UH, THEY'RE SUPPOSED TO GO THROUGH AT THAT POINT? UM, IT, IT, I DON'T KNOW THAT THERE'S A, A REAL FORMAL PROCESS, BUT WE, WE CERTAINLY, AND A LOT OF VENDORS HAVE HAD TO GO BACK AND ADD GOLD, UM, OVER THE THINGS AND, YOU KNOW, UH, FRANKLY WITHHOLD PAYMENT UNTIL, UM, OUR CONCERNS ARE ADDRESSED BEFORE WE'LL, UH, MAKE PAYMENT ON THOSE ITEMS. OKAY.
UM, I DON'T KNOW IF THAT'S SOMETHING THAT SHOULD BE MAYBE MORE FORMALIZED IN TERMS OF, UH, YOU KNOW, SOMETHING ADDED TO THIS, THIS PARTICULAR ORDINANCE AS TO THE STEPS TO BE TAKEN, IF SOMETHING IS NOT IN CONFORMITY WITH THE CONTRACTOR SPECIFICATIONS.
UM, I DUNNO IF THAT'S SOMETHING YOU MIGHT WANT TO ADDRESS WITH, UH, JERRY, JUST TO SEE IF WE CAN ASK THAT QUESTION.
JUST TO SEE IF THERE'S, YOU KNOW, THAT WAY EVERYBODY'S OPERATING AGAIN UNDER THE SAME SET OF RULES IN TERMS OF, OKAY, WELL, THIS IS WHAT I NEED TO DO.
IF SOMETHING ISN'T IN CONFORMITY, EVERYBODY KNOWS WHAT THEY'RE SUPPOSED TO DO.
UH, THE NEXT IS COOPERATIVE PURCHASES AND THERE IS A TYPOGRAPHICAL ERROR IN THIS ONE.
NORMALLY TYPOS DON'T JUMP OUT AT ME, BUT THIS ONE DID IT'S ON THE THIRD LINE WHERE IT SAYS SPONSORED BY ANY OTHER, ANOTHER POLITICAL SUBDIVISION.
OH, I THINK, CAUSE IT SPLITS ON THE LINES.
SO I, I DON'T, I THINK IT JUST SHOULD BE BY ANY OTHER OR ANOTHER POLITICAL SUBDIVISION OR GET RID OF WHAT ANOTHER POLITICAL SUBDIVISION I WOULD GET RID OF ANOTHER, I THINK ANOTHER DOESN'T WORK.
BRIAN, UM, THE ONLY THING I WAS GOING TO LOOK AT THIS IS WANTING TO MAKE SURE FOR TONY TO,
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IS THAT, IS THIS AN UP-TO-DATE LIST OF THESE COOPERATIVE PURCHASE PROGRAMS? ARE ANY OF THESE THINGS BY THE WAYSIDE? ARE THEY STILL, ARE THERE ANY THAT NEED TO BE ADDED? WELL, I KNOW THAT, UM, I DON'T KNOW ABOUT THE SOUTHWEST OHIO PURCHASERS PROGRAM.UM, BUT THE OTHER ONES I THINK ARE STILL CURRENT AND THEN THERE'S A CATCH ALL THAT SAYS ANY OTHER.
UH, BUT WE PROBABLY SHOULD HAVE THEM REVIEW THE LIST AND MAKE SURE THE ONES THAT ARE, UH, YOU KNOW, IDENTIFIED BY NAME ARE STILL ONES THAT EXIST AND, UH, MAKE ANY CHANGES APPROPRIATE TO THAT LIST.
THAT SOUNDS SO I DON'T, I DON'T THINK IT WAS MEANT TO BE A 100% CATCH ALL LIST.
I THINK IT, YOU KNOW, THE MAJOR ONES ARE IDENTIFIED AND THEN THE REST ARE CAUGHT IN THE, OR ANY OTHER COOPERATIVE PURCHASING PROGRAMS, THE ONES THAT ARE NAMED SPECIFICALLY, WE SHOULD MAKE SURE THOSE ARE STILL IN PLACE.
THE NEXT SECTION ONE 71 10, UH, BLANKET PURCHASE ORDERS.
UH, CAN YOU KIND OF FILL ME IN A LITTLE BIT OF WHAT THESE, ANYTIME I SEE BLANKET PURCHASE ORDERS, I GET A LITTLE NERVOUS.
UH, SO CAN YOU KIND OF INDICATE HOW THAT'S, HOW THEY'RE THEY'RE USED BY THE CITY, UM, BLANKET PURCHASE ORDERS, UM, TO MY UNDERSTANDING ARE, OR WHAT WE ALSO CALL MULTI-VENDOR, UH, PURCHASE ORDERS.
SO IF YOU HAVE A PROJECT THAT'S BEEN APPROVED WITH A SET PROJECT BUDGET, THEN, UH, A BLANKET PURCHASE ORDER OR MULTI-VENDOR PURCHASE ORDER COULD BE OBTAINED FOR THAT TOTAL AMOUNT.
AND YOU'RE ABLE TO THEN SPEND THE MONEY FOR ANY VENDORS ASSOCIATED WITH THAT PROJECT, AS LONG AS IT DOESN'T EXCEED THE PROJECT BUDGET.
UM, BASICALLY NOT TO EXCEED AMOUNT, BUT IT'S, MULTI-VENDOR, UM, MOST OF OUR PURCHASE ORDERS ARE TO A SPECIFIC VENDOR FOR A SPECIFIC AMOUNT.
UM, BUT SOMETIMES YOU HAVE THAT.
THE OTHER SITUATION IS LIKE WHEN THERE'S A TRAVEL BY CITY EMPLOYEES INVOLVED, UM, SOMETIMES YOU MIGHT HAVE, YOU KNOW, A HOTEL OR AN AIRLINE OR, UH, YOU KNOW, UH, LOG EACH FEE AND, UH, DIFFERENT COSTS ASSOCIATED WITH THAT.
AND THEY'LL AUTHORIZE A, A BLANKET PURCHASE ORDER IN A, NOT TO EXCEED AMOUNT THAT ALLOWS ALL OF THOSE COSTS TO BE AGGREGATED UNDER THAT ONE PURCHASE ORDER, RATHER THAN HAVING A SEPARATE PURCHASE ORDER FOR EACH ONE VENDOR.
ANY QUESTIONS ON THAT SECTION? OKAY.
SEEING NONE WE'LL MOVE ON THEN, UM, SECTION ONE 71 POINT 11, UM, EMERGENCY PURCHASES.
UM, AGAIN, THERE'S A PHRASE IN THERE IN THE SENTENCE IT SAYS IN THE CASE OF A REAL AND PRESENT EMERGENCY, UM, I MEAN, WHAT ARE WE TALKING ABOUT THERE? I MEAN, YOU KNOW, AGAIN, IT'S ONE OF THOSE, IT'S, IT'S ONE OF THOSE PHRASES THAT HAS NO REAL DEFINITION AND, YOU KNOW, WHAT CONSTITUTES A REAL AND PRESENT EMERGENCY? WELL, I THINK IT'S DEFINED LATER IN THAT SECTION WHERE IT TALKS ABOUT, UH, ITEMS THAT COULD VITALLY AFFECT THE LIFE HEALTH OR WELFARE OF THE CITIZENS.
UM, I KNOW SOME OF THEM, UH, SOME SITUATIONS HAVE BEEN, UM, WHERE EMERGENCY PURCHASES HAVE BEEN AUTHORIZED AND THE AFTERMATH OF THE TORNADOES.
UM, THERE WAS SOME EXPENDITURES THAT, UH, RELATED IN THAT AREA.
UM, OFTEN THIS IS, UH, SOMETHING THAT COMES OUT OF, UM, THE WATER DEPARTMENT, UM, EXPENDITURES WHERE THERE'S MAYBE LIKE A, UH, SOME TYPE OF, UH, YOU KNOW, ISSUE THAT'S UNANTICIPATED AND THEY MAY HAVE TO MAKE AN EMERGENCY REPAIR.
UH, THEY NEED SOME SPECIAL EQUIPMENT TO MAKE THE REPAIR AND, UH, GET THE WATER BACK UP AND RUNNING SO THAT THEY MIGHT HAVE TO AUTHORIZE AN EMERGENCY EXPENDITURE.
SO IT'S, IT'S THOSE TYPES OF THINGS.
I, I, UM, YOU KNOW, I DON'T FEEL LIKE IT'S SOMETHING THAT'S USED REGULARLY, UM, TO MY KNOWLEDGE, UM, THERE IN SECTION B, IT ALSO REFERS TO, UH, MEDICAL CARE FOR PRISONERS THAT THE CITY'S OBLIGATED AS A MATTER OF LAW TO PROVIDE THOSE EXPENDITURES.
UM, SO IT WOULD BE THOSE TYPES OF THINGS THAT, UH, WE DON'T HAVE A CONTRACT FOR, OR A PURCHASE ORDER IN PLACE, BUT THE MONEY NEEDS TO BE SPENT, UH, WITHOUT HAVING THAT PRE-AUTHORIZATION IN ORDER TO, UH, PROTECT THE LIVE HEALTH
[01:25:01]
OR WELFARE OF, OF RESIDENTS OF THE CITY.UH, AND, AND IT ALSO, IT ALSO PROVIDES THAT WITHIN THE NEXT BUSINESS DAY, THAT THE HEAD OF THE DEPARTMENT HAS TO THEN FOLLOW THE PROCESS, DEPENDING UPON THE AMOUNT OF THE EXPENDITURE AS TO WHETHER OR NOT THEY'VE GOT A, YOU KNOW, IT'S WITHIN THE PARAMETER OF THE DEPARTMENT HEAD AND CITY MANAGER OR CITY COUNCIL.
THEY STILL HAVE TO FOLLOW THE ADMINISTRATIVE PROCEDURES.
SO LIKE ON THE NEXT BUSINESS DAY, THEY WOULD OBTAIN A PURCHASE ORDER TO COVER THAT EXPENDITURE.
THAT THE AUTHORIZATIONS WOULD HAVE TO GO THROUGH THE PROPER CHANNELS, EVEN THOUGH IT WOULD BE KIND OF LIKE, YOU KNOW, APPROVING AFTER THE FACT, UH, THEY STILL NEED TO DO THAT TO MAKE IT OFFICIAL.
SO THERE IS A PROCESS OF REVIEW, UM, THAT SOMEONE CAN'T JUST UNILATERALLY DO THAT AND THERE NO ACCOUNTABILITY FOR THEM IN, IN THE, UH, IN THE AREA OF PURCHASING.
UM, THERE, THERE SEEMED WHEN I WAS ON COUNCIL, THERE SEEMED TO BE SEVERAL INSTANCES WHERE WE COUNCIL WAS ASKED TO, UH, AND I FORGET WHAT THE PHRASIOLOGY, IT WAS SOMETHING LIKE A FORGIVABLE, YOU KNOW, OR SOMEBODY MADE A FULL PIE AND AUTHORIZED A PURCHASE WITHOUT HAVING THE APPROPRIATE.
AND WE GAVE A POST PURCHASE BLESSING OF THE, WE USED TO CALL THAT AMNESTY.
THAT I COULD, IS THAT STILL, I MEAN, THAT SEEMED TO BE SOMEWHAT OF A PROBLEM BACK THEN, IS THAT BEEN CORRECTED OVER THE YEARS? WELL, IT'S BEEN CORRECTED AND THEN IT'S HANDLED IN A DIFFERENT MANNER.
UH, THERE'S NO LONGER AMNESTY LAW LEGISLATION.
UH, THERE'S A PROCESS BY WHICH A LOT OF, UH, CITIES HAVE ADOPTED NOW THAT'S CALLED A THEN AND NOW STATEMENT AND IT, UH, BASICALLY IS A CERTIFICATION THAT AT THE TIME THE EXPENDITURE WAS MADE THAT THERE WERE, UM, UH, THERE WERE FUNDS SUFFICIENT FUNDS AVAILABLE TO COVER THE COST OF THE EXPENDITURE, EVEN THOUGH IT WAS MADE WITHOUT THAT PRIOR AUTHORIZATION.
AND, UM, THIS PROCESS HAS BEEN VETTED BY THE CITY'S AUDITORS AS AN ACCEPTABLE MEANS OF, OF REVIEWING THOSE EXPENDITURES.
AND THOSE ARE REVIEWED AS PART OF THE AUDIT PROCESS WHEN THE CITY ASSETS ANNUAL FINANCIAL AUDIT AS WELL.
THAT WAS MORE FOR MY OWN PERSONAL EDIFICATION THAN ANYTHING.
AMNESTY USED TO BE A BIG THING.
THERE WAS A TIME WHEN IT WAS ABOUT EVERY MEETING WE HAD AMNESTY.
SO, UM, ONE 71 POINT 12, UH, AS WITHIN EVERY PURSE LAW AND ORDINANCE, THERE'S ALWAYS AN EXCEPTION AND THIS IS WHAT THIS IS, UH, OUR GENERALIZED EXCEPTION TO THE COMPETITIVE BIDDING PROCEDURES WHEN THEY'RE NOT REQUIRED.
UM, UH, IN LOOKING AT THE EXCEPTIONS, I THOUGHT IT WAS A FAIRLY COMPLETE LIST OF, OF THOSE SITUATIONS WHERE COMPETITIVE BIDDING PROBABLY COULD BE EXCUSED.
UH, IS THAT ANYBODY ELSE HAVE ANY CONCEPT OR THOUGHTS ON THIS? NO.
THAT'S USED SOMETIMES WITH THOSE EXCEPTIONS AND, UM, WE CLEARLY DELINEATE IN THE LEGISLATION, UH, EVEN BY TITLE THAT, UM, COUNCIL'S ACTING TO WAIVE THE COMPETITIVE BIDDING REQUIREMENTS, UH, FOR THE STATED, UH, EXCEPTION AND, UH, REFERENCING THE SPECIFIC, UH, EXCEPTION AND THE CODIFIED ORDINANCES.
UH, NEXT IS SECTION ONE 71.13, AND AGAIN, THERE, AND I, I SHOULD HAVE LOOKED AND I DIDN'T, THE TWO SECTIONS ARE THE SECTIONS THAT ARE REFERENCED IN THE CODE OHIO REVISED CODE SECTIONS ONE 53 POINT 50 AND WENT THROUGH ONE 53 POINT 52 INCLUSIVE.
UM, I'M NOT SURE WHAT THEY COVER.
UM, THEY'RE EXCLUDED FROM, UM, HAVING ANY APPLICATION FOR ANYTHING THAT WE DO.
UM, CONTRACTS WITH THE WORK AND MATERIALS ARE PUBLIC IMPROVEMENT PROJECTS WITHIN THE CITY.
AGAIN, I'M NOT SURE WHAT THOSE CODE SECTIONS AT THE STATE LEVEL, WHAT THEY DEAL WITH.
ARE YOU FAMILIAR TELLING ME, UM, NOT REALLY SPECIFICALLY, BUT, UH, THE INFERENCE TO ME WAS THAT IT REFERENCED A SINGLE BIDS FOR PROJECTS VERSUS A BIDDING PROJECTS AS A WHOLE.
AND I THINK, UH, IT'S BASICALLY SAYING, UH, THE CITY UNDER ITS HOME RULE AUTHORITY IS ABLE TO MAKE THAT DISTINCTION SEPARATE FROM THE PROVISIONS THAT ARE LISTED IN THE HIGH REVISE.
I DIDN'T KNOW IF THOSE CODE SECTIONS DEALT WITH SPECIFIC TYPE OF PUBLIC IMPROVEMENT, CONSTRUCTION AREAS.
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UH, UH, JERRY DID REVIEW, UH, IN ADVANCE THIS ACTION.SO GIVE ME ANY FEEDBACK, UM, WORK TONIGHT.
SO, UM, I ASSUME THAT HE LOOKED AT THAT BECAUSE, UH, HE, HE GAVE ME SOME THINGS ON OTHER SECTIONS.
SO I'M GONNA TREAT THAT AS THERE'S NO ISSUE THERE.
A ONE 71.1, FOUR, UH, DISPOSAL OF SURPLUS, PERSONAL PROPERTY, UM, BASICALLY, UH, UH, YOU KNOW, EVERY NOW AND THEN THE CITY WILL RUN INTO SITUATIONS WHERE THEY'VE GOT A POLICE CAR OR A COMPUTER OR A COPIER OR SOMETHING THAT IS NO LONGER, UM, USED BY THE CITY BECAUSE IT'S BEEN REPLACED OR WHATEVER.
THIS IS A SECTION THAT DEALS WITH, UH, THE PROCESS OF WHAT HA HOW DOES THE CITY GO ABOUT GETTING RID OF THOSE TYPES OF, UH, UNUSED AND OBSOLETE PIECES OF EQUIPMENT? UM, I KNOW THAT, LIKE, FOR EXAMPLE, THE POLICE THERE'S, UH, THERE AT LEAST AT ONE TIME THERE WAS A, UH, UH, STATE, UH, AUCTION WEBSITE OR TYPE PROCEDURE THAT YOU COULD BASICALLY SELL IT THROUGH.
IS THAT STILL IT'S ACTUALLY THROUGH THE COUNTY AND THAT'S REFERENCED IN HERE, UM, IT'S CALLED GULF DEALS.
AND SO MOST OF THE ITEMS FROM IPADS TO, UH, POLICE VEHICLES, UH, FURNITURE, OFFICE FURNITURE, ALL OF THAT GETS SENT TO GOV DEALS AND, UH, IT'S PUT UP FOR AUCTION AND THEN THE PROCEEDS ARE RETURNED TO THE CITY, UH, BASED ON THE SALE OF THOSE ITEMS. UM, THERE ARE A COUPLE OF TIMES WHEN, UH, A DISPOSAL OF SURPLUS PROPERTY IS ACTUALLY LIKE MAKING A DONATION TO A CHARITABLE ORGANIZATION.
I KNOW AT ONE POINT, UM, UH, A NUMBER OF THE, UH, OUTDATED OUTMODED CELL PHONES WERE DONATED TO THE DOMESTIC VIOLENCE SHELTER, UH, THAT THEY COULD GIVE THOSE OUT TO PEOPLE TO MAKE EMERGENCY CALLS FROM IF THEY, UH, DID NOT HAVE ACCESS TO A CELL PHONE OR, UM, A BIG ITEM WAS THE, UH, UH, PINK FIRE ENGINE WAS SURPLUSSED, UM, TO, UH, THE BREAST CANCER ORGANIZATION, THE PINK RIBBON GIRLS, UM, IS A SURPLUS ITEM OF VALUE.
UM, AND NOW THEY'RE USING THAT IN THEIR CAMP CAMPAIGN, UM, UH, FOR BREAST CANCER AWARENESS.
SO, UM, IT'S EITHER AUCTION OR A CHARITABLE DONATION, UH, IS USUALLY THE WAY THE ITEMS ARE, ARE DISPOSED OF.
AND, UH, WE, WE RE ROUTINELY USE, UH, THESE PROCEDURES.
SO I DON'T THINK THERE'S ANY NEED FOR ANY CHANGES TO THAT.
UH, AND THEN THE NEXT SECTION DEALS WITH THE SALE OF SURPLUS REAL PROPERTY, UH, THAT MIGHT, THE CITY MIGHT HAVE.
UM, AND AGAIN, IT'S, UM, THE PROCESS IS, IS FAIRLY WELL.
I THINK STEP STATED IN THERE PRETTY STRAIGHTFORWARD, ANY REAL PROPERTY WOULD BE SOLD BY, UH, THE CITY MANAGER WOULD ENTER, ENTER INTO A CONTRACT FOR THE SALE OF THAT.
AND, UH, WE'D HAVE TO BE APPROVED BY COUNCIL.
UH, I SAW, I'M ASSUMING THEY'RE REALLY GOING TO NEED TO CHANGE OR UPDATE ANYTHING IN THAT PROVISION.
I, UM, YOU KNOW, IT'S NOT SOMETHING THAT'S USED A LOT, BUT WE DO HAVE, UH, REAL ESTATE PROPERTY OWNED BY THE CITY.
AND, UM, THAT WOULD BE THE PROCEDURE THAT WOULD BE UTILIZED IF THE CITY WERE TO GET RID OF THAT PROPERTY.
UM, IT'S, UH, THE, BASICALLY, I GUESS THE, THE HOME RULES AS IT APPLIES TO, UH, FINANCES, THAT PRETTY MUCH, IS THAT A FAIRLY GOOD DESCRIPTION OF THIS SECTION? YEAH, IT SAYS THAT, UM, YEAH, TH BASICALLY THAT, UM, IT'S, UH, IT'S SPELLING OUT THE SEPARATION OF POWERS BETWEEN A HIGHER REVISE CODE AND THE HOME RULE AUTHORITY.
UM, ANY, WHEN YOU, IF WE GET TO A POINT WHERE, UH, WHERE JERRY HAS GIVEN ANY KIND OF INPUT, BE SURE TO JUMP IN AND LET US KNOW.
SO, YEAH, IT'S COMING UP ON A ONE 75 OH SIX.
UM, THEN ONE 73 OH TWO BASICALLY IS THE SECTION THAT SAYS THAT EACH YEAR THE FINANCE DIRECTOR IS TO CERTIFY AND WRITING TO THE AUDITOR.
[01:35:01]
I'M ASSUMING THAT THAT'S OURS CERTIFY THE FINANCE DIRECTOR FOR THE POWER AUTHORITY TO RECEIVE AT THE DANCES OF FINANCES FROM THE COUNTY.SO THAT WOULD BE LIKE OUR SHARE OF TAX LEVY, YOU KNOW, THOSE KINDS OF THINGS.
HE ACTS AS THE FISCAL AGENT IN THAT RESPECT.
UH, PAYMENTS RECEIVED IN THE POSIT.
AND AGAIN, EVERYTHING RUNS THROUGH THE FINANCE DIRECTOR, THE OFFICE, YOU KNOW, ALL PAYMENTS AND ALL RECEIPTS, UH, UH, OKAY.
ONE 75.01 INTENT DEALING WITH SPECIAL ASSESSMENT POLICY.
NOW YOU SAID THAT, UH, JERRY HAS SOME COMMENTS ON ONE SEC.
UH, JUST, IT'S A MINOR GRAMMAR THING ON A ONE 75 OH SIX.
JUST SO THAT, JUST THAT ONE PROVISION.
UM, THE, UH, THIS SECTION DEALS WITH WHEN THERE IS SIDEWALKS THAT ARE BUILT OR REPAIRED, UM, DEALING WITH THOSE TYPES OF SPECIAL ASSESSMENTS THAT ARE ASSESSED TO THE PROPERTY OWNERS THAT ARE DIRECTLY AFFECTED BY THAT, UM, THAT PARTICULAR IMPROVEMENT.
THAT'S WHAT THIS SECTION DEALS WITH.
UM, IT'S A VARIETY OF THINGS, UH, BOTH RESIDENTIAL AND COMMERCIAL.
SO YOU HAVE, UH, SANITARY, SEWER, WATER, SIDEWALKS, AND DRIVER DRIVEWAY APRONS, AND THEN LIKE ROADWAY ASSESSMENTS AND STORM SEWERS.
AND THEN I THINK LATER ON IN THE SECTION, THERE'S ALSO A STREET LIGHTING ASSESSMENTS AND, UM, ANY NUMBER OF OTHER ASSESSMENTS.
AND THE PROCESS SEEMS TO BE FAIRLY CONSISTENT THROUGHOUT THE, THE VARIOUS, UH, TYPES OF ASSESSMENTS.
THE ONE QUESTION THAT I HAVE IS, AND IT'S, AGAIN, IT'S, IT'S IN ALL THREE OF THE MAIN CODE SECTIONS, BUT IN SECTION ONE 75.03, IT SAYS THAT, YOU KNOW, ANY PROPERTY OWNER MAY APPLY TO THE CITY COUNCIL FOR EITHER A DEFERMENT OR WAIVER OF THE ASSESSMENT OR ANY ASSESSMENT PROJECT NO LATER THAN 15, 15 DAYS AFTER THE ADOPTION OF THE ORDINANCE OF ASSESSMENT, FOLLOWING COMPLETION OF THE PRODUCT PROJECT.
UM, NOWHERE IN THERE DOES I DO I SEE WHERE THERE'S NOTICE GIVEN TO THE PROPERTY OWNER OF THE, UH, ADOPTION OF THE ORDINANCE OF ASSESSMENT? UM, SO I KNOW THAT'S DONE FOR THE SIDEWALK ASSESSMENTS BECAUSE THERE'S A VERY DEFINED PROCESS FOR THAT.
AND I SIGN OFF ON, UH, EVEN THE LADDERS FOR THE SIDEWALK ONES.
SO THEY GET A NOTICE, UM, INITIALLY, UH, THAT WHAT WORK NEEDS TO BE DONE.
AND, UM, THEN, UH, THERE'S AN ORDINANCE OF ASSESSMENT TO SAY THE CITY'S MOVING FORWARD WITH THAT.
AND THEN THEY GET A NOTICE THAT SAYS, UH, THIS IS THE PROJECTED ENGINEER'S ESTIMATE OF THOSE REPAIRS OR COSTS.
AND YOU CAN EITHER GET THEM DOWN YOURSELF, OR IF YOU DON'T DO THEM, THEN THE CITY WILL USE THAT CONTRACTOR TO DO THEM.
AND THEN THEY GET ANOTHER NOTICE THAT SAYS, UH, THESE ASSESSMENTS ARE DUE, OR THEY HAVE A CERTAIN PERIOD TO EITHER PAY THOSE ASSESSMENTS IN ONE LUMP SUM, OR THEY GET ASSESSED TO THE COUNTY AUDITOR FOR A FIVE-YEAR PERIOD.
SO THERE'S MULTIPLE NOTIFICATIONS TO THE PROPERTY OWNERS, AT LEAST WITH, UH, THE, THE SIDEWALK ASSESSMENTS, UM, IN THOSE NOTICES, ARE THEY MADE AWARE OF THE RIGHT TO PETITION COUNCIL OR THE CITY FOR EITHER A WAIVER OR A DEFERRAL? THAT WAS MY PROBLEM IS THAT, YOU KNOW, THEY HAVE 15 DAYS TO REQUEST IT, BUT HOW DO THEY KNOW THAT THEY, THAT 15 DAYS HAS STARTED? I DON'T KNOW.
I CAN'T RECALL OFF THE TOP OF MY HEAD, WHETHER THAT'S IN THE FORM LETTER, UM, THAT THEY GET AT A CERTAIN STAGE OF THE PROCESS OR NOT.
UM, OR IF THEY'RE JUST EXPECTED TO KNOW THAT, I DON'T KNOW.
UM, WE, WE COULD CLARIFY THAT FOR YOU.
THE LAWYER IN THESE COMING OUT, NEVER CARD.
I LOOKED AT THAT AND SAID, WAIT A MINUTE, HOW ARE WE SUPPOSED TO KNOW THIS? UM, OKAY.
UH, ANY OTHER QUESTIONS THAT ANYBODY ELSE HAS ON THE ASSESSMENT IN THE DEFERRAL PROCESS? UH, GLENN JUSTIN ONE 75 OH SIX WAS WITH JERRY'S
[01:40:01]
THING, UM, WHICH WAS JUST A GRAMMATICAL ERROR.UM, I THINK IT'S ON PAGE 19 OF ONE OH THREE AND A ONE 75 OH SIX, UH, SECTION A THREE, A FIVE OR ROMAN NUMERAL V.
UH, IT STARTS OUT BY SAYING THE PROPERTY IS CLAIMING THAT THE COSTS COULD RESOLVE IT SHOULD SAY THE PROPERTY OWNER, UH, IS CLAIMING THAT THE COSTS, WHAT RESULT OF FINANCIAL HARDSHIP.
SO, UH, W WELL MAKE THAT CORRECTION.
I ALSO HAD, UH, ANOTHER AGREEMENT I, A GRAMMATICAL THING, AND THAT PARAGRAPH A ONE.
UM, AND I DON'T KNOW, SHOULD THERE BE A COMMA WHERE IT SAYS IF THE CITY IMPOSED A SPECIAL DISTRICT UTILITY CONNECTION CHARGE ON A PROPERTY, THE PROPERTY? YEAH.
I THINK THAT WOULD BE THE CORRECT WAY THAT I SHOULD COMMENT.
AND THIS MAY JUST WALK RIGHT WITH WHAT TONY WAS TALKING ABOUT.
I KNOW IT'S ONE 75 OH SIX IS BEEN UPDATED, WHICH WAS IN 2018, I THINK, AS A RESULT OF THE, UH, MARK AVENUE, UM, EXTENSION THAT WE DID NOW, EVERYTHING ELSE STILL LOOKS LIKE IT'S DATED 97.
AND GOING BACK TO ONE 75 OH FOUR, WHEN WE'RE LOOKING AT ASSESSMENTS FOR CAPITAL PROJECTS, THERE'S REFERENCES IN THERE TO LIKE A, UM, 2% PLUS COSTS AND SOME DIFFERENT NUMBERS.
DOES THAT LANGUAGE NEED UPDATED TO REFLECT OUR INTENTION FROM 2018 WHEN WE KIND OF DECIDED THAT WE WERE GOING TO, UM, KIND OF REVIEW THOSE PROJECTS ON INDIVIDUAL BASIS TO DETERMINE, YOU KNOW, WHAT WE MAY OR MAY NOT BE CHARGING FOR THOSE, OR DOES IT, OR DOES IT ALL JIVE TOGETHER YET? BECAUSE I NOTICED THE, THE, YOU KNOW, ONE, ONE 75 OH FOUR ALL RUNS FROM 97, 1997 FOOT ONE 75 OH SIX IS 2018 LANGUAGE.
IS ALL THAT STILL MATCHING UP OR DO WE HAVE SOME CONFLICTS IN THERE? YEAH.
I DON'T KNOW THE ANSWER TO THAT GLENN.
UM, SO YOU KNOW WHAT I'M SAYING THOUGH? YEAH.
I UNDERSTAND WHAT YOU'RE SAYING.
AND MAYBE THAT'S SOMETHING FOR JERRY TO REVIEW TO SEE IF, UH, YOU KNOW, THE LANGUAGE AND, YOU KNOW, THE EARLY PART, YOU KNOW, MEETS OUR INTENTION AND MATCHES WHAT'S IN ONE 75 OH SIX.
I ALSO HAVE A QUESTION ABOUT ONE 75 OH SIX AS WELL.
UM, IN ONE 75 IN ALL THE OTHER PROVISIONS, THERE'S A SPECIFIC PROVISION IN THERE THAT TALKS ABOUT THAT THE APPLICATION, UM, SHALL BE AVAILABLE FROM THE CLERK OF COUNCIL.
SO THERE'S NOTHING IN THIS SECTION THAT TALKS ABOUT WHERE THOSE APPLICATIONS ARE AVAILABLE.
ONE OF THOSE APPLICATIONS IN THE 13 PLUS YEARS I'VE BEEN HERE.
SO, UH, I DON'T KNOW ABOUT THAT.
AND YOU KNOW, SOME OF THIS, UM, YEAH, I'VE HAD SOME ISSUES JUST WITH THE PROCESS BECAUSE, YOU KNOW, THEY ASKED ME TO SIGN OFF ON LETTERS OF ASSESSMENT, UM, THAT, BECAUSE THAT'S THE WAY IT SAYS I DO IN THE ORDINANCE, BUT I HAVE NO WAY OF INDEPENDENTLY VERIFYING WHAT THEY'RE PUTTING IN FRONT OF ME AS IS, YOU KNOW, FRET OR APPROPRIATE.
AND, UH, I'VE ALWAYS HAD AN ISSUE WITH, UM, YOU KNOW, MYSELF BEING THE, TO CERTIFY THESE, UH, WHEN I'M NOT INVOLVED IN THE COMPILATION OR, OR THE DATA BEHIND THEM TO EVEN KNOW IF IT'S CORRECT.
I'VE JUST, YOU KNOW, THEY HAND ME A STACK OF 300 LETTERS AND TELLING ME TO SIGN THEM AND THEN THEY GO OUT AND THEN THE PEOPLE START CALLING ME AND THEN I END UP REFERRING THEM TO THE FINANCE DEPARTMENT ANYWAY, BECAUSE I HAD NO PART IN CREATING THE DOCUMENT.
SO, UM, SO, UH, LET'S, UH, WE'LL JUST FROM THE MINUTES, WE'LL PULL THAT OUT AND NOTE ALL OF THOSE QUESTIONS AND, UH, YOU KNOW, I'M NOT SURE THAT THOSE ARE ACTUALLY JERRY QUESTIONS, BUT PROBABLY CITY STAFF QUESTIONS TO, UH, PARTICULARLY THE FINANCE DIRECTOR, UH, TO, UH, GIVE US SOME DIRECTION ON, UH, ALL THESE DIFFERENT PIECES, BECAUSE I HONESTLY DON'T KNOW THE ANSWERS TO ALL OF THOSE QUESTIONS.
UM, SO LET'S SEE, THAT WOULD HAVE JUMPED US UP TO SECTION CHAPTER ONE 77, UM,
[01:45:03]
ONE 77.1, UM, IS THAT IF THE CITY HAS TO INCUR EXTRA EXPENSES FOR PROFESSIONAL ANALYSIS OR OTHER SERVICES BY PERSONS LIKE SURVEYOR OR WHATEVER, THOSE THIRD-PARTY COSTS SHALL BE OUT THE OBLIGATION OF THE APPLICANT OR A PERSON MAKING THE REQUEST.UM, AND THAT, THAT HAS NOT BEEN CHANGED IN SADIE SEVEN.
UH, I'M ASSUMING THAT THE CITY IS, IS, IS DOING THAT IS PASSING THOSE COSTS ON TO THE, AN APPLICANT.
IF, IF, AS A RESULT, IT REQUIRES THE CITY TO UNDERTAKE CERTAIN EXPERTISE THAT'S BEYOND STAFF, I WOULD ASSUME.
BUT AGAIN, I DON'T KNOW THAT, YOU KNOW, LARGELY I THINK MOST OF THOSE EXPENSES WOULD FALL IN TO PRIMARILY ENGINEERING, UM, BECAUSE THEY HAVE THE SIDEWALK ASSESSMENTS, THE WATER AND SEWER, ALL OF THAT IS UNDER ROADWAY IS UNDER ENGINEERING.
SO, UH, THAT WOULD BE BEST A QUESTION THAT NEEDS TO BE POSED TO THEM.
UH, AND THEN O TWO DEALS WITH PROFESSIONAL EMPLOYEES, LIKE, FOR EXAMPLE, UM, I'M ASSUMING THAT THAT MIGHT INCLUDE, LIKE, IF THE CITY HAS TO HIRE, UH, YOU KNOW, EXPENDITURE FOR ATTORNEYS IN SOME ASPECT OF A, UM, BECAUSE I, I'M NOT SURE THAT CHAPTER ONE 77 JUST DEALS SOLELY WITH ASSESSMENTS, UM, BECAUSE IT'S, IT'S, IT SEEMS TO BE ITS CHAPTER IN AND OF ITS, YOU KNOW, IN AND OF ITSELF.
SO I'M ASSUMING IT'S, IT'S BROADER THAN JUST LIKE SIDEWALK ASSESSMENTS.
SO, UH, I THINK IT'S, IT'S GOOD TO HAVE THAT IN THERE TO GIVES THE CITY THE ABILITY TO, YOU KNOW, IF THE CITY ENDS UP HAVING TO SPEND, YOU KNOW, A HUNDRED THOUSAND DOLLARS ON US LAW, ONE OF US LAWYERS OUT THERE, UM, AS A RESULT OF SOMETHING THAT THE APPLICANT IS DEMANDING, THAT THAT SHOULD BE SOMETHING THAT SHOULD BE, UM, PASSED ON TO THE APPLICANT.
AND THE APPLICANT SHOULD PROBABLY BE AWARE OF THAT GOING IN, UH, TO KNOW THAT THEY MIGHT BE RESPONSIBLE FOR THOSE COSTS.
AND IT MIGHT BE SOMEBODY THINKS SYSTEM APPLAUD AS WELL.
UH, YEAH, CAUSE IT TALKS ONE 77 OH THREE TALKS ABOUT NOTIFYING THE INDIVIDUAL OF THE, UH, THAT POTENTIAL OBLIGATION OF THE CALL FOR THE COST.
UM, ONE 77 OH FOUR IS BASICALLY THE APPLICATION HAS TO BE SIGNED BY, UM, AND SIGN OFF ON THE FACT THAT THEY KNOW THAT THEY MAY HAVE THAT THIRD PARTY COST OBLIGATION, UH, CHAPTER ONE 79 FUNDS.
UM, THIS WAS THE OTHER ONE JERRY HAD ASKED, UM, THE FINANCE DIRECTOR TO REVIEW THIS.
AND, UH, I KNOW WE DID AT THE LAST TIME, UM, AND UPDATED THE LIST OF FUNDS.
UH, THERE HAVE BEEN SOME FUNDS THAT HAVE BEEN CREATED, UH, SINCE IN THE LAST 10 YEARS.
UH, TYPICALLY, UH, IF THERE'S AN ORDINANCE TO CREATE ONE OF THESE, THEN, UH, THE CODIFICATION SERVICE SHOULD BE INCORPORATING THAT INTO THE LIST OF, UH, FUNDS.
BUT I KNOW THERE HAVE BEEN SOME RECENT CHANGES TO SOME OF THE NAMES OF THE FUNDS WITH DEC, UH, AS IT RELATES TO, UH, AN AUDIT THAT WAS COMPLETED ON THE DECK, UH, CONTRACT.
AND THAT'S ONE OF THE THINGS THAT JERRY INDICATED IN HIS, UH, UM, LESS TO ME.
SO, UH, AGAIN, THE FINANCE DIRECTOR HAS BEEN OUT.
UM, SO, UH, WE JUST NEED HIM TO GO BASICALLY VERIFY THAT THIS IS THE CURRENT LIST OF ALL THE FUNDS AND THAT KIND OF CONSTITUTES THE REST OF THIS SECTION UNDER, UH, UH, TITLE CLOG.
OH, GO AHEAD, DON IT, SORRY, TITLES.
I WAS JUST GOING TO MENTION THAT IT DOES HAVE THE, UH, TRANSFORMATIVE ECONOMIC DEVELOPMENT, UH, FOND IN THERE, WHICH IS, UM, SOMEWHAT, I THINK IT'S, IT MAY BE FAIRLY UP TODAY.
IT SAYS W UNDER THAT SECTION, UH, IN THE INITIAL LIST OF FUNDS, THAT IT WAS LAST UPDATED IN 2019.
SO TO YOUR POINT ON THAT, THAT IS, JOE KNOW, ARE THE FUNDS LISTED IN ANY PARTICULAR ORDER OR ARE THEY JUST, I DON'T KNOW THE ANSWER TO THAT ABOUT WHERE THE ORDER,
[01:50:01]
IT'S OBVIOUSLY NOT ALPHABETICAL, IT'S LIKE ALMOST ALPHABETICAL ORDER BECAUSE YEAH.THEY GET THAT EXCEPT PERHAPS THE GENERAL FUND, WHICH MIGHT BE NICE TO HAVE FIRST HAVE AN ALPHABETICAL ORDER, JUST SO THAT, YOU KNOW, YOU CAN REFERENCE IT QUICK, REAL QUICK, MORE QUICK.
LEE, I'M GUESSING THAT THE FUNDS ARE PROBABLY BY NUMERICAL BECAUSE EACH FUND IS GIVEN A NUMERICAL DESIGNATION IN THE BUDGET, AND I'M GUESSING THAT IT MAY BE BY NUMERICAL ORDER.
AND THAT, THAT COULD BE LIKE, UH, CAUSE GENERAL FUND HAS ONE-ON-ONE.
SO THAT WOULD BE AT THE BEGINNING.
UH, WE CAN FIND OUT HOW THAT'S DONE.
IT'S NOT AS THEY'RE ADDED BECAUSE OTHERWISE TO DON'S POINT THAT TRANSFORMATIVE ECONOMIC DEVELOPMENT FUND WOULD BE MUCH LATER ON THE LIST.
SO, UM, IT, IT PROBABLY IS A NUMBERING THING, BUT, UH, WE'LL HAVE TO ASK JIM ABOUT THAT.
DON, YOU HAD YOUR HAND UP A SECOND AGO.
NO, I WAS JUST GONNA MAKE THAT POINT.
UM, UH, BUT I'D ALSO AGREE WITH, UH, JOE NOT BEING IN ALPHABETICAL ORDER SORT OF DRIVES ME A LITTLE BANANAS, BUT YEAH, IT IS, UH, I, I THINK IT DOES GO BY THE, UH, NUMERICAL AND IF I'M READING THIS RIGHT.
UM, UH, UH, THAT'S ANOTHER, SOME OF THESE, I DON'T KNOW IF THESE FONTS LISTED LATER, LIKE ONCE OF A NINE OH TWO LOCAL STREET IMPROVEMENT FUND, ARE THOSE ALL SUPPOSED TO MATCH UP WITH ONE OF THESE FUNDS LISTED AT THE TOP? UM, THEY DO MATCH UP TO THE ONES AT THE TOP, BUT I DON'T KNOW WHY THESE SPECIFIC ONES HAVE, UM, HAVE BEEN BROKEN OUT SEPARATELY WITH MORE DETAIL.
UM, THE ONLY THING I CAN SUGGEST IS IF YOU LOOK AT THE DATES OF, UH, SOME OF THOSE, UM, THEY'VE BEEN, UH, RECENTLY UPDATED WITH ORDINANCES, LIKE, UM, ONE 79 OH FIVE WAS UPDATED IN 2020.
I DID NOTICE THE NAMES DON'T EXACTLY MATCH.
SO FOR MOST PATIENTS IT SEEMS PRETTY OBVIOUS, BUT THEN THERE'S THIS, I COULDN'T FIND A RECREATION ACTIVITY CENTER FUND.
UM, I'M THINKING THAT THE, THE FUNDS THAT ARE IDENTIFIED IN THE SPECIAL OR IN THE SPECIFIC ORDINANCES ARE DIFFERENT THAN THE FUNDS THAT ARE LISTED GENERICALLY IN ONE 79.01.
AND I HAD THE SAME AS TO WHY THOSE SPECIFIC, YOU KNOW, EIGHT OR NINE FUNDS THAT FOLLOW HAVE BEEN IDENTIFIED SEPARATELY AS A, AS WHY THEY, WHY THEY WEREN'T JUST ADDED TO THE, THE FUN LIST IN ONE 79.01.
AND IT COULD BE, IS THAT THE FUNDS COME FROM A DIFFERENT SOURCE THAN, I DON'T KNOW.
IS LIKE CASH SURETY FUNDS AND FIRE INSURANCE TRUST FUNDS.
THOSE ARE KIND OF FUNDS THAT THE CITY IS HOLDING IN PLACE OF, UM, YOU KNOW, HOLDING FOR SOMEONE ELSE AND TRUST.
UM, UM, ONE, I NOTICED THAT IN ONE 79 OH SIX AND ONE 79 OH SEVEN IN THE TITLE, AND I KNOW THAT TITLES ARE CONSIDERED PART OF THE ORDINANCE.
UM, THE NUMBERS OF THE VARIOUS FUNDS ARE LISTED, BUT THEY'RE THE ONLY ONES THAT THE FUND NUMBERS ARE LISTED.
AND I JUST, FOR CONSISTENCY SAKE, I'M WONDERING IF THOSE NUMBERS SHOULD BE ELIMINATED FROM THE TITLE, BECAUSE I WOULD ASSUME THAT THE NUMBER OR THE FUND COULD CHANGE.
WELL, I CAN TELL YOU THAT THE ONES THAT HAVE THE NUMBERS WERE WITH OUR OLD CODIFICATION SERVICE, SO IT MIGHT'VE BEEN THEIR WAY OF DOING SOMETHING.
AND THEN, YOU KNOW, NOW THAT WE'RE WITH THE DIFFERENT, UH, CODIFICATION PROVIDER, THEY HAVE A SEPARATE PROCESS.
I MEAN, WHEN WE SAT DOWN, INITIALLY WE, WE DISCUSSED, UH, SOME OF THE PARAMETERS OF HOW WE WANTED THE CODIFICATION SET UP AND, YOU KNOW, THE GENERAL RULES THAT THEY'RE GONNA FOLLOW US AS PART OF THAT PROCESS.
BUT, UM, I DON'T KNOW IF WE DRILL DOWN TO THAT MUCH DETAIL.
SO, UM, WE CAN LOOK AT THAT AS WELL.
YOU KNOW, JUST AGAIN, WE'LL COMPILE THE QUESTIONS THAT HAVE BEEN POSED BY THE COMMISSION AND GET SOME ANSWERS.
SO I THINK THAT BASICALLY FINISHES UP TITLES SEVEN, UM, AND TITLE 11 WAS BASICALLY ONE SECTION,
[01:55:01]
CORRECT? BASICALLY IT JUST ESTABLISHES THE, UM, THE MUNICIPAL COURT.UM, AND ONE THING I DID, I WANTED TO LOOK AT THAT REAL QUICK.
THAT WAS A PRETTY LONG ONE TOO.
IT HAS THE CORRECT TITLE OF THE COURT CAUSE THEY CHANGED IT W YOU AS THE, THE COUNTY DISTRICT COURT NOW IT'S CALLED THE MCGOVERN COUNTY MUNICIPAL COURT.
SO THEY DID UPDATE THAT WHEN THEY CHANGE THE NAME.
UM, I'M SURE TYLER STARLINE PROBABLY MADE SURE WE DID.
SO, UH, AGAIN, I DON'T THINK IT REFERENCES BY, UH, INFERENCE THE PROVISIONS OF THE HIGH REVISE CODE IN 1901, WHICH ARE ALL THE JURISDICTIONAL, UM, PROVISIONS THAT DEAL WITH COUNTY COURTS IN ESSENCE.
SO, UH, ANY OTHER, ANY CHANGES OR QUESTIONS ABOUT THAT PARTICULAR SECTION? SO ANYTHING ELSE DEALING WITH EITHER ARTICLE OR TITLE SEVEN OR TITLE 11 FOR TONIGHT? OKAY.
I THINK TONY, YOU'VE GOT THE, ALL THE COMMENTS AND THE QUESTIONS THAT WE HAD.
[ Administrative/Process Issues]
UH, SECTION THREE C OF THE, UM, UH, AGENDA ADMINISTRATIVE PROCESS ISSUES.UM, ONE QUESTION THAT I HAVE IN TERMS OF THE PROCESS AND, UM, AND I KNOW THAT THERE WAS A QUESTION RAISED ABOUT INTERCOM COMMUNICATION AMONGST THE MEMBERS DURING, YOU KNOW, BETWEEN MEETINGS.
UM, I DO HAVE A QUESTION FROM A PROCESS POINT OF VIEW IN TERMS OF LIKE, I HAD A QUESTION OR I HAD SOMETHING AND I DIRECTED MY QUESTION TO YOU, TONY.
I DID NOT COPY ALL THE MEMBERS OF THE COMMITTEE ON THAT EMAIL BECAUSE I DIDN'T WANT TO BE ACCUSED OF IN SOMEHOW VIOLATING THE SUNSHINE LAW.
UM, AND THEN THE RESPONSE, LIKE YOU SENT BACK TO ME FROM JERRY, IT JUST CAME FROM YOU TO ME, I THINK, IS THERE A WAY I, I THINK IT WOULD BE BENEFICIAL THAT WE ALL MEMBERS OF THE COMMITTEE, THE COMMITTEE HAVE THE ABILITY TO SEE, YOU KNOW, LIKE HAD IT, SO EVERYBODY WOULD HAVE SEEN JERRY'S RESPONSE TO MY EMAIL, TO YOU, YOU KNOW, BEFORE TONIGHT.
UM, SO IS THAT PERMITTED FOR YOU TO COPY US ALL IT, YOU KNOW, AND SHOULD ALL QUESTIONS BE DIRECTED TO YOU? WELL, I THINK THEY SHOULD TO SAFEGUARD US IN TERMS OF THE SUNSHINE THINGS.
THEN I THINK THE QUESTION SHOULD COME TO ME AND THERE SHOULD BE A CENTRAL POINT OF COMMUNICATION TO GO BACK AND FORTH.
SO THAT HELPS, UM, THE PROBLEM THAT WE GET INTO WITH SOME OF THE SUNSHINE STUFF AND DON AND GLENN CAN JUMP IN ON THIS TOO, YOU KNOW, BASED ON SOME OF THE EXPERIENCES WE'VE HAD WITH COUNCIL IS IF YOU, INSTEAD OF SENDING THAT QUESTION TO ME, HE HAD SENT IT OUT TO ALL THE MEMBERS OF THE COMMISSION, UM, AND MAYBE EVEN INCLUDED ME.
AND THEN, UH, BRIAN, UH, RESPONDED BACK WITH HIS THOUGHTS AND THEN JOSEPH RESPONDED BACK WITH HIS THOUGHTS.
THEN WE HAVE AN ISSUE WHERE THERE'S A DISCUSSION OF THE PUBLIC BODY TAKING PLACE OUTSIDE THE SCRUTINY OR THE PUBLIC PURVIEW OF, OF AN OPEN MEETING.
AND SO THAT, THAT'S WHERE IT BECOMES PROBLEMATIC.
UM, YOU KNOW, WE'VE TRIED WITH DIFFERENT PUBLIC ENTITIES HERE, BOARDS AND COMMISSIONS AND, YOU KNOW, UH, COUNCIL, UH, COMMITTEES AND THINGS TO, UH, TRY TO LET PEOPLE POLICE THEMSELVES.
AND IT USUALLY ENDS OFF BEING PROBLEMATIC BECAUSE SOMEONE, YOU KNOW, REACTS TO SOMETHING AND SHOOTS OFF A REPLY TO ALL EMAIL.
AND THEN WE'RE RIGHT IN A SITUATION WHERE WE POTENTIALLY HAVE A VIOLATION OF THE OPEN MEETINGS ACT.
AND WE CERTAINLY DON'T WANT TO GO DOWN THAT ROUTE.
NOW, IF YOU WERE IN THE INSTANCE YOU REFERENCED TODAY, YOU KNOW, SENT ME YOUR QUESTION.
AND, UM, I WENT AND GOT A RESPONSE FROM THE CITY ATTORNEY, AND THEN I DISTRIBUTED THAT, THAT INFORMATION OUT, BOTH YOUR QUESTION AND THE RESPONSE TO EVERYBODY.
SO THEY'D HAVE IT TO REVIEW IN ADVANCE OF THE MEETING, AS LONG AS PEOPLE AREN'T GOING TO BE COMMENTING ON THAT OR REPLYING TO IT.
UH, THAT WOULD NOT BE A PROBLEM.
BUT IF WE START GETTING PEOPLE SAYING, WELL, I HAD THIS QUESTION, OR I HAD A DIFFERENT VERSION OF THIS QUESTION, OR I DON'T THINK YOU ASKED THE QUESTION APPROPRIATELY.
[02:00:01]
YOU MISSED THE POINT HERE.THEN WE START TO HAVE A DISCUSSION AND THAT'S A POTENTIAL PROBLEM.
SO WE THERE'S, YOU KNOW, WE CAN DO IT THROUGH ME AS LONG AS THERE'S AN AGREEMENT THAT PEOPLE AREN'T GOING TO START DISCUSSING THAT, OR WE JUST DO IT LIKE WE DID IN THIS SITUATION THAT, YOU KNOW, THE PERSON GETS THE INFORMATION AND THEN THEY BRING THAT BACK TO THE COMMISSION, YOU KNOW, DURING A PUBLIC MEETING, DON, YOU KNOW, THE COMMENT I WAS GOING TO SAY, THE JERRY IS QUICK TO JUMP IN ON ANY, UM, EMAIL CHAINS THAT START, UH, AMONGST COUNCIL AND LET US KNOW.
IT'S BEST BROUGHT UP THE NEXT WORK SESSION.
SO I THINK WHAT TONY IS SUGGESTING IF WE SEND IT TO TONY AND TONY IS, UM, GETTING AN ANSWER OR AN OPINION FROM, UH, JERRY OR ANYONE ELSE FOR THAT MATTER, AND YOU SEND IT BACK OUT TO US AS INFORMATIVE.
IT'S JUST, WHEN WE START GETTING INTO, UH, ME ASKING A QUESTION AND BRIAN HOPSON AND JOHN, OR A JOKE, JOE COMES ON AND, UM, THAT'S WHEN IT STARTS GETTING A LITTLE TOUCHY.
I HAVE NO PROBLEM FUNNELING ALL THE QUESTIONS TO DIRECTLY TO TONY AND TONY ALONE, AND THEN LETTING HIM, YOU KNOW, BE THE GATEKEEPER FOR THE, FOR THE REQUEST.
I JUST DIDN'T KNOW IF IT WOULD BE A VIOLATION AGAIN FOR HIM, YOU KNOW, PROVIDING THE QUESTION AND THE RESPONSE TO ALL OF US IN ADVANCE OF THE MEETING.
SO NOW IT WOULD, IT'S APPROPRIATE AND YOU KNOW, YOU'VE GOT, AGAIN, YOU'VE GOT TO JUST BE CAREFUL IF ONE OR TWO OF YOU JUST, YOU KNOW, HAVE A DISCUSSION ON YOUR OWN BY EMAIL ABOUT SOMETHING.
AND THEN ONE OF YOU PRESENTS IT TO ME.
BUT IF YOU HAVE A MAJORITY OF THE COMMISSION COMMUNICATING WITH EACH OTHER OUTSIDE OF A PUBLIC MEETING, AND AGAIN, YOU HAVE A, A LIKELY VIOLATION OF THE OPEN READINGS.
IGNORE GLEN ON THE STREET WHEN I SEEN HIM.
I MEAN, EVEN IF, IF, IF YOU SEE ONE ANOTHER AND YOU DISCUSSED COMMISSION BUSINESS WITH THE TWO OF YOU AT THE GROCERY, UH, THAT'S NOT A PROBLEM, BUT LIKE SAY THE CITY HAS SOME EVENT AND ALL OF YOU ENDED UP BEING THERE.
AND THEN, UH, FOUR OF YOU ARE HAVING A DISCUSSION ABOUT THE BUSINESS OF THE COMMISSION, UH, WHILE YOU'RE WATCHING THE CHRISTMAS TREE LIGHTING, THEN THAT'S A PROBLEM.
COULD ALL BE FOR THE CHRISTMAS TREE LIGHTING, YOU JUST CAN'T DISCUSS THE BUSINESS.
WELL THAT ANSWERS MY QUESTION.
UM, SO I GUESS THE NEXT THING WOULD BE, WHAT ARE WE GOING TO TACKLE AT THE NEXT MEETING? WELL, LOOKING AHEAD THAT THE NEXT, UM, UH, TA OR A SECTION IS, UM, HAS TO DO WITH THE, UH, TRAFFIC CODE.
AND, UM, YOU MIGHT RECALL FROM THE LAST TIME THAT A LOT OF THIS HAS TO DO WITH, UM, WITH ELEMENTS THAT ARE SPELLED OUT IN THE OHIO REVISED CODE.
SO WHILE IT'S, YOU KNOW, A LITTLE BIT BIGGER SECTION, UM, AGAIN, THERE'S GOING TO BE A LOT OF THAT, UH, SECTION THAT'S NOT GOING TO BE ABLE TO BE ALTERED BY THE COMMISSION OR THE COUNCIL, UM, THROUGH ACTION THAT A LOT OF THAT COMES DOWN FROM THE STATE LEVEL.
THERE ARE THINGS IN THERE THAT THE CITY HAS SOME, UM, FLEXIBILITY WITH.
UH, THE ONE I'LL POINT OUT THAT COUNCIL HAS ACTED ON IN THE LAST COUPLE YEARS WAS A GOLF CART LEGISLATION.
UM, THAT WAS AN AREA OF SOME CONTROVERSY IN THIS COMMITTEE OR COMMUNITY.
AND, UM, YOU KNOW, THEY DID END UP PASSING LEGISLATION THAT DEFINES THE RULES FOR THE USE OF GOLF CARTS ON CITY STREETS AND, AND THAT SORT OF THING.
SO THERE ARE SOME AREAS THAT, UM, UH, YOU KNOW, WE HAVE SOME ABILITY TO MAKE SOME CHANGES.
THERE'S MANY IN THAT SECTION THAT ARE NOT SO, UM, MY RECOMMENDATION WOULD BE THAT WE JUST KIND OF THROW ALL APART THREE OUT THERE FOR THE NEXT MEETING.
IS THE CODE SECTIONS THAT ARE RESTRICTED BY THE OHIO REVISED CODE? ARE THEY SOMEHOW INDICATED IN THE LEGISLATURE, THE ORDINANCE? I WAS JUST THINKING ABOUT THAT AND I THINK NOT, UH, THEY HAVE CITATIONS AND IF YOU PROBABLY WENT TO EACH OHIO REVISED CODE SECTION, UH, YOU'D BE ABLE TO DETERMINE THAT BY READING THE OHIO REVISED CODE, UM, I MIGHT ASK, UH, JERRY TO JUST TRY TO, UH, GIVE US A BIG PICTURE ANALYSIS OF, YOU KNOW, THE AREAS WHERE WE HAVE THE ABILITY TO, UH, IMPACT WITH SOME CHANGES OR RECOMMENDATIONS AND THE AREAS THAT WE DON'T HAS AN EASY WAY OF BREAKING THAT OUT.
[02:05:01]
AND THEN THAT WOULD MAYBE HELP YOU GUYS FOCUS ON THE SMITH'S, UH, SPECIFIC PARTS OF, UH, THE SECTION THAT, YOU KNOW, YOU COULD MAKE AN IMPACT ON.NO, I WAS JUST GOING TO SAY THAT IF MEMORY SERVES ME CORRECT THAT YEAH.
A GOOD PORTION OF THOSE REFERENCE, THE ORC INVOLVED, WHICH KIND OF INFERS THAT WE DON'T REALLY HAVE ANY OPTION IN THAT AREA, UM, ON, ON A LOT OF IT.
AND THAT MAY BE ABSOLUTELY ACCURATE, BUT AGAIN, MEMORY SERVES, CORRECT.
THAT'S KIND OF HOW WE WERE ABLE TO IDENTIFY WHICH ONES WE COULD TOUCH OR COULDN'T BECAUSE OF THE REFERENCE TO THE ORC.
WE'RE GOING TO HAVE SOME OF THAT TOO.
AND THE, UM, THE NEXT, UH, PART, WHEN WE GET TO THE GENERAL FRANCISCO, THERE'S A LOT OF THAT IN, AND, AND THAT, UH, AND, UH, PART FIVE, UH, GENERAL FENCES CODE.
SO ARE THE ONES COMING UP THAT, UH, YOU KNOW, THE COMMISSIONS ARE ONLY GOING TO BE ABLE TO GET INTO SOME OF THE VARIOUS SPECIFICS, UH, ARE THE STREETS AND PUBLIC SERVICES CUT AND THE PLANNING AND ZONING CODE AND BUILDING CODE AND STUFF.
UM, THAT'S WHERE, YOU KNOW, A LOT OF THAT IS CITY SPECIFIC AND, AND NOT STATE SPECIFIC.
AND THEN WE'LL END WITH THE FIRE PREVENTION CODE, WHICH IS LARGELY DICTATED BY, UH, STATE GUIDELINES AS WELL.
SO I'LL ASK HER IF IT'S POSSIBLE.
AND THEN I'LL OF COURSE, COMMUNICATE THAT OUT TO EVERYBODY, UH, WITH THE, UH, WITH THE PART A THREE WHEN I SEND THAT OUT.
ANY OTHER COMMENTS OR QUESTIONS FOR TONIGHT? FROM ANYONE? OKAY.
UH, I WILL CALL FOR A MOTION TO ADJOURN.
AND LIKE WE TALKED ABOUT LAST TIME, YOU DON'T NEED TO NECESSARILY HAVE A MOTION TO ADJOURN GLIDING OFFICER.
YOU CAN JUST ADJOURN THE MEETING.
WELL SEEING NO ADDITIONAL COMMENTS OR QUESTIONS, I WILL ADJOURN AT APPROXIMATELY EIGHT 39.